SCOTUS to Rule on Obama’s Executive Order

Primer: This is the White House official Fact sheet and Executive Order being challenged.

The Supreme Court has often dealt a big blow to presidents in their second term.

LATimes: Harry Truman was rebuked for claiming the power to seize strike-bound steel mills during the Korean War. Richard Nixon resigned shortly after the court ruled unanimously he must turn over the Watergate tapes.

Bill Clinton’s impeachment was triggered by the court’s decision that he must answer questions under oath in the Paula Jones sexual harassment case. And George W. Bush lost before the court when he claimed his power as commander in chief gave him almost unfettered authority over prisoners held at the Guantanamo Bay prison.

Now, as President Obama begins his last year in office, the court is set to render a verdict on his use of his executive authority. The justices will decide whether he violated the law by authorizing more than 4 million immigrants living in the U.S. illegally to come out of the shadows without fear of deportation and obtain work permits.

There are signs that at least some of the justices are ready to rein in the president’s ability to take such bold action without the approval of Congress.

Never before has the high court ruled that a president violated his constitutional duty to “take care” that laws are “faithfully executed.” Yet when justices agreed to hear the immigration case, they surprised many by asking both sides to present arguments on whether Obama’s actions violated the rarely invoked “take care” provision. That question had not even been at issue when lower courts blocked Obama’s plan from taking effect.

In a separate pending case this term, the court also will rule on whether the president and his healthcare advisors went too far by requiring Catholic charities and other faith-based employers to formally opt out of providing a full range of contraceptives to their female employees by citing their religious objections.

The faith-based entities argued that by notifying the government of their decision to opt out — which triggers a process under which employees would get contraceptive coverage by other means — they would be “complicit” in supplying “abortion-inducing drugs.”

The decisions, both due by summer, will help answer a question that looms over Obama’s presidency. Has he properly used his power as chief executive to circumvent congressional gridlock on issues such as immigration, climate change and healthcare, or has he gone too far and violated his duty to enforce the laws as set by Congress?

The cases come before the court with a backdrop of Republican claims that the president has overreached and abused his power. Former House Speaker John A. Boehner said Obama was “acting like a king” and “damaging the presidency” when he announced the deportation-relief plan now before the high court.

On the campaign trail, Sen. Ted Cruz of Texas promises GOP voters that, if he is elected president, his first task on his first day in the White House will be to “rescind every illegal and unconstitutional executive action of Barack Obama.”

White House officials and supporters of the president counter that Obama’s actions are not only legal and well within his discretionary authority, but that Congress has left him no choice by refusing to take action on pressing national problems.

Conservative scholars think Obama has left himself vulnerable by announcing broad executive actions on policies that had been considered and rejected by Congress, and which even he once said were beyond his authority.

In his first term, Obama told Latino activists who were pushing him to take unilateral action that he could not “waive away the laws Congress put in place” regarding the removal of immigrants who entered the country illegally. But later the president decided he did have the power to suspend deportation and offer “lawful presence” and work permits to as many as 5 million of those immigrants.

So far conservatives have mostly failed to derail Obama in the Supreme Court. Twice, the justices upheld the president’s healthcare law against conservative attacks, with Chief Justice John G. Roberts Jr. casting his vote with the court’s four liberals.

Four years ago, in a key test of state-versus-federal power, the court ruled for Obama after his administration sued to block Arizona from enforcing a law to crack down on immigrants in the country illegally.

In 2011, Obama and then-Atty. Gen. Eric H. Holder Jr. raised ruffles on the right when they announced the administration would not defend in court the Defense of Marriage Act, which recognized only marriages between a man and a woman. House Republicans took up the cause, but two years later the high court agreed with the administration and struck down key parts of the law as unconstitutional.

But the new immigration and contraceptive cases pose a tough test for Obama’s lawyers. In last year’s healthcare case, they were defending a law that had won approval in Congress, when both chambers were controlled by Democrats. “We must respect the role of the legislature and take care not to undo what it has done,” Roberts said in upholding its system of insurance subsidies.

This year, by contrast, Obama is defending an executive action on immigration that was taken without the approval of Congress and in the face of fierce Republican criticism.

Similarly, the “contraceptive mandate” was not spelled out in the Affordable Care Act, as lawyers for Catholic bishops often point out. It was adopted later in a regulation issued by Obama’s healthcare advisors.

But Obama’s defenders, including immigration law experts, say the critics are missing the crucial point that the deportation laws give the chief executive a free hand to decide how or whether to deport those living here illegally. Contrary to what many assume, the law does not say federal officials must arrest and deport such people. Rather, it says they are “subject” to removal, based on policies and priorities set by the executive branch.

Obama’s administration says it wants to focus on deporting criminals, security threats, gang members and drug traffickers, not parents and grandparents who have children in the United States legally.

The administration can quote a powerful voice to back up its view of the matter. “Aliens may be removed” if they entered the country illegally and committed crimes, said Justice Anthony M. Kennedy, but “a principal feature of the removal system is the broad discretion exercised by immigration officials…. Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. As a general rule, it is not a crime for a removable alien to remain present in the United States.”

Kennedy spoke for the court four years ago in rejecting Arizona’s claim that immigrants who could not prove their citizenship should be arrested, and Roberts agreed. Kennedy’s explanation of the deportation system may also defeat any claims that Obama is violating his duty to “faithfully execute” the law.

“The president is not claiming a constitutional authority to not enforce the law. He’s claiming authority based on the immigration statute,” said Walter Dellinger, a White House lawyer under President Clinton. “And if the court says he is wrong, then he will comply with that.”

34 Groups Connected to Militant Islam

UN chief: 34 groups now allied to Islamic State extremists

UNITED NATIONS (AP)— Thirty-four militant groups from around the world had reportedly pledged allegiance to the Islamic State extremist group as of mid-December — and that number will only grow in 2016, U.N. Secretary-General Ban Ki-moon said in a report Friday.

Ban said IS poses “an unprecedented threat,” because of its ability to persuade groups from countries like the Philippines, Uzbekistan, Pakistan, Libya and Nigeria to pledge their allegiance.

He said U.N. member states should also prepare for an increase in attacks by IS associated groups traveling to other countries to launch attacks and develop networks.

“The recent expansion of the ISIL sphere of influence across west and north Africa, the Middle East and south and southeast Asia demonstrates the speed and scale at which the gravity of the threat has evolved in just 18 months,” Ban said, using another abbreviation for the group.

Adding to the threat, IS is “the world’s wealthiest terrorist organization,” Ban said, citing estimates the group generated $400-$500 million from oil and oil products in 2015, despite an embargo.

According to the U.N. mission in Iraq, cash taken from bank branches located in provinces under IS control totaled $1 billion. The mission also estimates that a tax on trucks entering IS controlled-territory generates nearly $1 billion a year, he said.

The extremist group captured large swathes of Iraq and Syria less than two years ago and despite international efforts to oust them, Ban said IS continues to maintain its presence in both countries and is expanding to other regions.

But the report and vote was in November of 2015:

UnitedNations: The Security Council determined today that the Islamic State in Iraq and the Levant/Sham (ISIL/ISIS) constituted an “unprecedented” threat to international peace and security, calling upon Member States with the requisite capacity to take “all necessary measures” to prevent and suppress its terrorist acts on territory under its control in Syria and Iraq.

Unanimously adopting resolution 2249 (2015), the Council unequivocally condemned the terrorist attacks perpetrated by ISIL — also known as Da’esh — on 26 June in Sousse, on 10 October in Ankara, on 31 October over the Sinaï Peninsula, on 12 November in Beirut and on 13 November in Paris, among others.  It expressed its deepest condolences to the victims and their families, as well as to the people and Governments of Tunisia, Turkey, Russian Federation, Lebanon and France.

The 15-member body condemned in the strongest terms ISIL’s gross, systematic and widespread abuses of human rights, as well as its destruction and looting of cultural heritage.  Those who committed, or were otherwise responsible for, terrorist acts or human rights violations must be held accountable.  By other terms, the Council urged Member States to intensify their efforts to stem the flow of foreign terrorist fighters into Iraq and Syria, and to prevent and suppress the financing of terrorism.

Following the vote, nearly all Council members took the floor to decry the “barbaric” attacks and hateful world view espoused by ISIL, reaffirming their support in both stemming the threat and bringing perpetrators to justice.  In an echo of the sentiments voiced by many around the table Spain’s representative declared:  “Today, we are all French, Russian, Malian and Arab,” adding:  “It is time to act with a French, Russian, Malian and Arab heart.”  The Council had a duty to guarantee the values and principles of the United Nations, and all must close ranks to vanquish terrorism, he stressed.

France’s representative, recalling that Da’esh had perpetrated an act of war against his country on 13 November, said today’s vote signalled recognition of the threat’s exceptional nature.  The fight against terrorism could only be effective if combined with a political transition that would eliminate Da’esh, he said, adding that France had obtained activation of the European Union’s mutual solidarity clause.

The Russian Federation’s representative said today’s unanimous vote was a step towards the creation of a broad anti-terrorism front aimed at eradicating root causes.  That also had been the aim of a Russian draft presented to the Council on 30 September, he said, describing attempts by some to block his delegation’s efforts as politically short-sighted.

Also speaking today were representatives of China, United States, Nigeria, Lithuania, Jordan, New Zealand, Chile, Angola, Venezuela and the United Kingdom.

K -14 Free Education? Not so Much

Obama to propose $2.5 billion community college tax credit

TheHill: President Obama on Tuesday will propose a $2.5 billion tax credit over five years for businesses that invest in local community colleges and hire their graduates, administration officials told Reuters.
The Community College Partnership Tax Credit, which will be formally proposed in the president’s fiscal 2017 budget, would give employers who invest in schools and hire students from such programs a one-time $5,000 tax credit per individual.
“Employers can define those skills and help colleges develop the curriculum that teaches them,” James Kvaal, White House deputy director of domestic policy, told Reuters.
The administration estimated the initiative would help train 500,000 highly skilled workers over five years.
Ted Mitchell, under secretary at the Department of Education, said the proposal would receive bipartisan support.
“The idea of … bringing together community colleges and the local employer base is a very powerful one and really doesn’t break along party lines,” he said.
Under the president’s proposal, states would get a portion of the tax credit and be responsible for choosing which businesses and community colleges participate in the program.
The administration believes the program will spur employers to propose curriculums uniquely tailored to their labor needs.

FACT SHEET – White House Unveils America’s College Promise Proposal: Tuition-Free Community College for Responsible Students

Nearly a century ago, a movement that made high school widely available helped lead to rapid growth in the education and skills training of Americans, driving decades of economic growth and prosperity. America thrived in the 20th century in large part because we had the most educated workforce in the world.  But other nations have matched or exceeded the secret to our success. Today, more than ever, Americans need more knowledge and skills to meet the demands of a growing global economy without having to take on decades of debt before they even embark on their career.

Today the President is unveiling the America’s College Promise proposal to make two years of community college free for responsible students, letting students earn the first half of a bachelor’s degree and earn skills needed in the workforce at no cost. This proposal will require everyone to do their part: community colleges must strengthen their programs and increase the number of students who graduate, states must invest more in higher education and training, and students must take responsibility for their education, earn good grades, and stay on track to graduate. The program would be undertaken in partnership with states and is inspired by new programs in Tennessee and Chicago. If all states participate, an estimated 9 million students could benefit. A full-time community college student could save an average of $3,800 in tuition per year.

In addition, today the President will propose a new American Technical Training Fund to expand innovative, high-quality technical training programs similar to Tennessee Tech Centers that meet employer needs and help prepare more Americans for better paying jobs. These proposals build on a number of historic investments the President has made in college affordability and quality since taking office, including a $1,000 increase in the maximum Pell Grant award to help working and middle class families, the creation of the $2,500 American Opportunity Tax Credit, reforming student loans to eliminate subsidies to banks to invest in making college more affordable and keeping student debt manageable, and making available over $2 billion in grants to connect community colleges with employers to develop programs that are designed to get hard-working students good jobs.

The President’s Plan: Make Two Years of College as Free and Universal as High School

By 2020, an estimated 35 percent of job openings will require at least a bachelor’s degree and 30 percent will require some college or an associate’s degree. Forty percent of college students are enrolled at one of America’s more than 1,100 community colleges, which offer students affordable tuition, open admission policies, and convenient locations.  They are particularly important for students who are older, working, need remedial classes, or can only take classes part-time. For many students, they offer academic programs and an affordable route to a four-year college degree. They are also uniquely positioned to partner with employers to create tailored training programs to meet economic needs within their communities such as nursing, health information technology, and advanced manufacturing.

The America’s College Promise proposal would create a new partnership with states to help them waive tuition in high-quality programs for responsible students, while promoting key reforms to help more students complete at least two years of college. Restructuring the community college experience, coupled with free tuition, can lead to gains in student enrollment, persistence, and completion transfer, and employment. Specifically, here is what the initiative will mean:

Enhancing Student Responsibility and Cutting the Cost of College for All Americans: Students who attend at least half-time, maintain a 2.5 GPA while in college, and make steady progress toward completing their program will have their tuition eliminated. These students will be able to earn half of the academic credit they need for a four-year degree or earn a certificate or two-year degree to prepare them for a good job.

Building High-Quality Community Colleges: Community colleges will be expected to offer programs that either (1) are academic programs that fully transfer to local public four-year colleges and universities, giving students a chance to earn half of the credit they need for a four-year degree, or (2) are occupational training programs with high graduation rates and that lead to degrees and certificates that are in demand among employers.  Other types of programs will not be eligible for free tuition.  Colleges must also adopt promising and evidence-based institutional reforms to improve student outcomes, such as the effective Accelerated Study in Associate Programs (ASAP) programs at the City University of New York which waive tuition, help students pay for books and transit costs, and provide academic advising and supportive scheduling programs to better meet the needs of participating students, resulting in greater gains in college persistence and degree completion.

Ensuring Shared Responsibility with States: Federal funding will cover three-quarters of the average cost of community college. States that choose to participate will be expected to contribute the remaining funds necessary to eliminate community college tuition for eligible students. States that already invest more and charge students less can make smaller contributions, though all participating states will be required to put up some matching funds. States must also commit to continue existing investments in higher education; coordinate high schools, community colleges, and four-year institutions to reduce the need for remediation and repeated courses; and allocate a significant portion of funding based on performance, not enrollment alone. States will have flexibility to use some resources to expand quality community college offerings, improve affordability at four-year public universities, and improve college readiness, through outreach and early intervention.

Expanding Technical Training for Middle Class Jobs. Additionally, in order to spread the availability of high-quality and innovative programs like those in Tennessee and Texas, which achieve better than average completion and employment outcomes, the President is also proposing the American Technical Training Fund. This fund will award programs that have strong employer partnerships and include work-based learning opportunities, provide accelerated training, and are scheduled to accommodate part-time work. Programs could be created within current community colleges or other training institutions. The focus of the discretionary budget proposal would be to help high-potential, low-wage workers gain the skills to work into growing fields with significant numbers of middle-class jobs that local employers are trying to fill such as energy, IT, and advanced manufacturing. This program will fund the start-up of 100 centers and scale those efforts in succeeding years. Smaller grants would help to bring together partners and start a pilot program. Larger grants would be used for expanding programs based on evidence of effectiveness, which could include past performance on graduation rates, job placement rates and placement wages. Building on the President’s community college initiative, known as the Trade Adjustment Assistance Community College and Career Training Grants and for which 2014 was the final year of funding, these funds will help community colleges become more job-driven.

Building on State and Local Programs.  In the past year, Tennessee and the City of Chicago initiated free community college programs.  In the first year of the Tennessee program, 57,000 students representing almost 90 percent of the state’s high school graduating class applied for the program. The scholarship is coupled with college counseling, mentorship, and community service that early evidence suggests supports greater enrollment, persistence and college completion.  This is coupled with efforts to spur innovation and improvement by funding colleges using performance outcomes based on student success and an innovative approach to career and technical education through the Tennessee Colleges of Applied Technology.  These Tennessee Tech Centers have a graduation rate of 80 percent and a job placement rate of 85 percent.

Building on a Record of Progress. Since taking office, President Obama has taken steps to expand federal support to help more students afford college, while calling for a shared responsibility in tackling rising college costs. Key achievements include:

  • Doubling the Investment in Pell Grants: The President has raised the maximum Pell Grant award to $5,730 for the 2014-15 award year — a nearly $1,000 increase since 2008. The number of Pell Grant recipients has expanded by 50 percent over that same time.
  • Expanding Education Tax Credits: President Obama established the American Opportunity Tax Credit in 2009 to assist families with the costs of college, providing up to $10,000 for four years of college tuition.
  • Pay-As-You-Earn Loans: All new borrowers can now cap loan payments at 10 percent of their incomes. The Department of Education has begun the process to amend its regulations and will make the new plan available on all direct loans by December 2015. We expect it to benefit up to 5 million borrowers.
  • First in the World Grants: In September, the Department of Education awarded $75 million to 24 colleges and universities under the new First in the World grant program to expand college access and improve student learning while reducing costs.
  • College Ratings Program: The Department of Education continues to develop a college ratings system by the 2015-2015 school year that will recognize institutions that excel at enrolling students from all backgrounds; focus on maintaining affordability; and succeed at helping all students graduate with a degree or certificate of value.
  • Job-Driven Training Grants: Through the Trade Adjustment Community College and Career Training program more than 1,000 institutions have received $2 billion in federal funding to design education and training programs, working closely with employers and industry that prepare workers for jobs in-demand in their regional economies, such as health care, information technology and energy. These programs have shown early success — through the end of FY2013, among the nearly 164,000 individuals who had enrolled in these programs 88 percent either completed a program or continued the program into a second year.
  • White House Summit on Community Colleges: In October 2010, the President convened community college leaders, faculty and students; business leaders; philanthropic organizations; and other workforce development experts for the first White House summit dedicated to the role that community colleges play in our efforts to increase the number of college graduates and prepare those graduates to lead the 21st century workforce.
  • Center for the Analysis of Postsecondary Readiness: Last August, the Department of Education launched a new $10 million Institute for Education Sciences-funded Center for the Analysis of Postsecondary Readiness (CAPR) that is working to strengthen the research, evaluation, and support of college readiness efforts across the nation. CAPR is documenting current practices in developmental English and math education to identify innovative instructional practices that improve student success.
  • Call to Action on College Opportunity: Last December, the President, Vice President, and First Lady joined college presidents and leaders of non-profits, foundations, and other organizations to announce over 600 new commitments to produce more college graduates. Community colleges made commitments individually, and in partnership with neighboring school districts and four-year institutions, to build seamless transitions among institutions, develop clear educational and career pathways, implement strategies to increase student completion of STEM programs, and establish more accurate measures of student progress and success.

Spooky Dude Behind Migrants and Benefits

The Open Society Foundations’ U.S. Programs is committed to building a vibrant, inclusive, and more just society in the United States. Through grant making, the Soros Justice Fellowships, and a special reserve fund used as crises and unexpected opportunities arise, U.S. Programs seeks to promote full participation in the nation’s civic, political, and economic life—particularly for communities that are historically marginalized and vulnerable—and to ensure that the core institutions of civil society are effective and accountable to the public.

The work of U.S. Programs is organized around four central goals: a more inclusive and accountable American democracy; a fair criminal justice system; full political, economic, and civic participation of communities of color and immigrants; and equitable economic growth.

Among its priorities:

Justice

Working to end mass incarceration; making police departments more accountable to the communities they serve; challenging the death penalty; and replacing youth justice policies that stigmatize and suppress with those that safeguard the rights of children.

Drug Policy

Promoting policies that address drug use—and the health, mental health, and social needs it creates—within the context of communities rather than the justice system, and working to ensure access to comprehensive treatment.

Equality

Promoting fairness and equality for all people in the United States by removing barriers to full participation in economic, social, and civic life for marginalized communities; seeking to reduce the racial wealth gap and reform harsh school discipline policies that disproportionately impact children of color; working to improve life outcomes for boys and men of color; and changing the racial narrative in this country.

Democracy

Supporting high-quality journalism to help hold powerful institutions accountable; protecting the free flow of information through an internet accessible to all; reducing the undue influence of money in politics; expanding electoral participation and combat voter suppression; and advancing reforms safeguarding the independence of state courts.

Economic Advancement

Working to promote economic opportunity for all Americans, reduce income equality, and advance fair housing and lending policies.

National Security & Human Rights

Working to promote the rule of law, defend civil liberties and human rights, and combat Islamophobia in the face of overbroad or discriminatory U.S. counterterrorism policies and practices.

Philanthropy of Place

Testing ideas at the state and local level through our sole field office, the Open Society Institute–Baltimore, which focuses on drug addiction, over-reliance on incarceration, and obstacles that prevent youth from succeeding inside and out of the classroom, as well as through the Open Places Initiative, which promotes equality and improved civic participation in Buffalo, San Diego, and Puerto Rico.

***

Countless pages here on who he gives grant money to.

Governance and Accountability
Through empowerment, policy change, and legal action, we target reforms that meaningfully improve the working and living conditions of migrants.

The International Migration Initiative seeks to address exploitation, discrimination and violence against migrants at every stage of their migration journey. Specifically, the initiative aims to increase protections for migrants in the Asia/Middle East and the Central America/Mexico corridors while improving policymaking and the governance of international migration.

Two unique aspects of the initiative’s approach amplify its impact: First, our focus on migration corridors means the initiative is active in both countries of origin and destination, and thus targets every stage of the migration journey. Second, we bridge advocacy and policy by drawing on the experience of grassroots organizations, while engaging with policymaker and political leaders. Through empowerment, policy change, and legal action, we target reforms that can meaningfully improve the working and living conditions of migrants.

The International Migration Initiative’s main areas of work are built around increasing protections for migrants and improving migration policymaking and the governance of international migration. Within these strategic priority areas, the initiative targets three overarching goals:

  • Deterring rights violations and increasing access to justice: The International Migration Initiative aims to demonstrably improve the working and living conditions of migrants by bringing about a measurable decline in acts of violence against them and reducing the incidence of forced labor. This requires the development of a broader, stronger network of organizations and practitioners engaged in advocacy. We are pursuing initiatives to increase access to justice by building capacity among legal practitioners so they can overcome legal and jurisdictional hurdles impeding migrants’ access to redress.
  • Empowering migrants: The initiative seeks to strengthen the ability of migrants to assert and defend their rights, primarily by increasing access to information. This involves improving the quality, coverage, and effectiveness of training and orientation seminars prior to departure and upon arrival in countries of employment. We also aim to create an enabling environment in which migrants can mobilize and make their voices heard through grassroots organizing, the development of associations and informal support networks, and the creation of migrant-run, community-based media.
  • Enhancing regional policymaking and dialogue: The initiative advances policy reform and the promulgation of best practices by enabling dialogue among key stakeholders, including among actors who might not otherwise come together. We also aim to build the evidence base necessary to inform these conversations and to deepen networks among policymakers, as well as between the state and civil society. In the long term, we aim to promote more inclusive, tolerant communities and a better-informed public in order to combat xenophobia and discrimination.

Hat tip to Michael

Hillary, FBI Investigation is a Security Review, Wrong

It was a moment where words could be applied in general. Hillary stating that the FBI probe was merely a security review is flatly wrong. There are at least 2 tracks to the investigation. 1) Reviewing classified material in violation of the Espionage Act. 2) Reviewing whether there were foreign intrusions into her server, any of her devices or at the State Department.

One question that has not been asked: If Hillary did not have a dot gov email address nor did she have any government issued devices, ‘exactly how DID she receive classified material including material all the up to TS-SCI material? Was she ever in a SCIF?

Hillary misleading about email probe during debate, former FBI agents say

FNC: Hillary Clinton used misleading language in Thursday night’s Democratic debate to describe the ongoing FBI investigation into her use of a private email server to conduct official government business while she was secretary of state, according to former senior FBI agents.

In the New Hampshire debate with Senator Bernie Sanders, which aired on MSNBC, Clinton told moderator Chuck Todd that nothing would come of the FBI probe, “I am 100 percent confident. This is a security review that was requested.  It is being carried out.”

Not true says Steve Pomerantz, who spent 28 years at the FBI, and rose from field investigative special agent to the rank of assistant director, the third highest position in the Bureau.

“They (the FBI) do not do security reviews,” Pomerantz said. “What they primarily do and what they are clearly doing in this instance is a criminal investigation.”

Pomerantz emphasized to Fox News, “There is no mechanism for her to be briefed and to have information about the conduct, the substance, the direction or the result of any FBI investigation.”

Separately, an intelligence source familiar with the two prongs of the ongoing FBI probe, stressed to Fox that the criminal and national security elements remain “inseparable.”  The source, not authorized to speak on the record,  characterized Clinton’s statement “as a typical Clinton diversion… and what is she going to say, “I’m 95 percent sure that I am going to get away with it?”

Fox recently learned that one of the FBI’s senior agents responsible for counterintelligence matters, Charles H. Kable IV, is working the Clinton case, another indicator the intelligence source said that the FBI probe is “extremely serious, and the A-team is handling.”

Kable, known as “Sandy,” was appointed special agent in charge of the counterintelligence division at the Washington field office by Director James Comey in December.

He had recently served as the chief of the counterespionage section at FBI headquarters.  In that capacity, a bureau press releases says the 15-year, well-respected FBI veteran, “provided leadership and oversight to the field offices engaged in espionage, economic espionage, and insider threat investigations.”

While his responsibilities are not publicly known, Kable was described to Fox as “tough and no- nonsense FBI ” and analyst and agents are exploring whether the mishandling of classified information was “intentional” and who may have benefited.

A spokeswoman for the FBI took Fox’s questions, but said they would not be providing comment on Kable’s role or the FBI case.

In 2009, Kable led investigations against known and suspected Chinese intelligence officers in the U.S.  In January, former Secretary of Defense Robert Gates, told the Hugh Hewitt radio show that “the odds are pretty high” that then-Secretary of State Clinton’s personal email server was hacked by Iran, China and Russia.

An intelligence source told Fox, “it is no less of a violation of espionage statutes if any material was classified secret or top secret….All the statute requires is national defense information or NDI,” adding “this is way past accidental spillage…(it) is being investigated as intentional mishandling….in this kind of high profile investigation, the most damaging information takes primacy.”

Investigations into the compromise of classified information include damage assessments.  In the recent case of former CIA Director David Petraeus, the damage was deemed to be limited, discreet, and knowable because the highly classified information was shared with his biographer, who also had a security clearance.

In Hillary Clinton’s case, if the private server was compromised by a third party, the extent of the damage maybe unknowable.

The hacker “Guccifer” compromised Clinton’s adviser Sydney Blumenthal’s aol account, and he copied the email exchanges sent to Clinton.  The Romanian hacker, whose real name is Marcel Lehel Lazar, has an extradition hearing February 17, and in an interview, indicated he would welcome extradition to the U.S.

The amount of classified information, now including top secret emails the State Department withheld from public release last week, and more than 15-hundred containing classified information at various levels.

At the State Department briefing Thursday, spokesman John Kirby was asked by Fox News chief intelligence correspondent Catherine Herridge whether Clinton, as well as aides Huma Abedin, and Cheryl Mills, completed the required classified training that includes the proper storage, handling, and identification of classified information.

“Everybody here is trained in how to handle sensitive information. Sometimes that takes place in in-person briefings and I can’t comment any further,”  Kirby said.  Asked it was documented, Kirby said he had nothing more to offer, but did confirm Clinton, Abedin, Mills were not exempt from the strict rules that apply to State Department personnel.

Fox: “So they would not be an exception?”

Kirby: “Everybody that works at the State Department gets trained in how to handle sensitive information.  Sometimes that’s done in- person briefings.”

This is important because, on its face, it undercuts Clinton’s claim she had no way to know it was classified because the emails were not marked.  Personnel are trained (IF?) the content is classified, it can be marked, unmarked, or given in oral communications.

Under the Freedom of Information Act, Judicial Watch sought the records documented (IN?)the classification training, but in a letter dated January 22, 2016, exactly seven years after Clinton signed her Non-Disclosure Agreement (NDA) to serve as Secretary of State, the government watchdog was told “no responsive records” could be found.

Catherine Herridge is an award-winning Chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, D.C. She covers intelligence, the Justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as a London-based correspondent.

Pamela K. Browne is Senior Executive Producer at the FOX News Channel (FNC) and is Director of Long-Form Series and Specials. Her journalism has been recognized with several awards. Browne first joined FOX in 1997 to launch the news magazine “Fox Files” and later, “War Stories.”