Judge Declares DoJ Committed Fraud Upon the Court

Remember the Fast and Furious Case? The DoJ’s collusion and obstruction has been identified by a Judge in the case of ATF whistleblower Jay Dobyn’s case.

On August 25, 2014, the court issued an opinion in the above case. On August 28, 2014, a judgment was rendered under RCFC 58. On October 24, 2014, defendant filed a notice of appeal. On October 27, 2014, plaintiff filed a notice of cross-appeal. On October 29, 2014, the court, invoking RCFC 60(b) and other provisions,1
issued an order voiding the prior judgment  based upon indications that defendant, through its counsel, had committed fraud on the court. On November 6, 2014, defendant filed a motion seeking to vacate this order. On November 12, 2014, plaintiff filed an opposition to defendant’s motion. On November 13, 2014, the court granted defendant’s motion to vacate the order voiding the judgment in this case.    

Federal judge blasts DOJ lawyers in case of ATF whistle-blower 

A federal judge angrily accused Justice Department attorneys in newly unsealed documents of “fraud upon the court” by intimidating a witness in a case involving a former Bureau of Alcohol, Tobacco, Firearms and Explosives agent who alleges the agency trashed his reputation.

Judge Francis Allegra, who was appointed to the U.S. Court of Federal Claims in 1998 by President Bill Clinton, is presiding over a suit brought by former ATF agent Jay Dobyns against the government agency, which he claims retaliated against him and damaged his reputation. Dobyns infiltrated Hell’s Angels and worked on cases involving the Aryan Brotherhood and MS-13 during his law enforcement career.
In a newly unsealed, Dec. 1, 2014, court ruling that legal experts said was highly unusual, Allegra accused seven Justice Department lawyers of “fraud upon the court, banned them from making any further filings in the case and took the unusual step of directly notifying Attorney General Eric Holder.

“In 40 years of legal practice, government and private, I’ve never seen that done,” said David Hardy, a constitutional law expert who formerly worked in the U.S. Solicitor General’s Office.

” … a federal judge is basically questioning your candor with your court — it’s exceedingly serious.”- Thomas Dupree, former DOJ official
Allegra said the government attorneys may have intimidated a witness and charged that seven of them may have kept illegal behavior secret from the court.

The controversy began after someone burned down the home of Dobyns. Dobyns claimed the ATF failed to protect his family, but the agency claimed Dobyns burned down his own home, a charge he denied. Dobyns then sued the ATF in U.S. Federal Claims Court for damaging his reputation and retaliation.

That’s when Justice Department lawyers got involved. In the ruling from last month, Allegra found a key witness in the trial said he was threatened by another ATF agent – and that ATF lawyers told the threatened agent not to tell the judge about it.

“[ATF lawyers] ordered the agent in question not to communicate the threat to the court and stated that there would be repercussions if the agent did not follow counsel’s instructions,” Judge Allegra said in his ruling.

The judge also noted that a tape recording indicates that multiple DOJ lawyers knew about misconduct and did not inform the judge.

“It’s a huge issue. Look, a lawyer’s stock and trade is his or her integrity, and to have a situation where a federal judge is basically questioning your candor with your court — it’s exceedingly serious,” Thomas Dupree, a partner at the prestigious law firm Gibson, Dunn & Crutcher and a former DOJ official from 2007 to 2009, told FoxNews.com.

Allegra’s ruling also documents other alleged wrongdoing. When Tom Atteberry, new ATF Agent in Charge of the Phoenix office, tried to reopen Dobyns’ arson case, Justice Department attorney Valerie Baker told him not to because it would damage her defense against Dobyns. Atteberry was a witnesses in the case, but the judge didn’t hear about the DOJ effort to silence him until trial. Allegra ruled that the DOJ action may amount to ‘fraud upon the court.”

“It’s very, very serious,” said Dupree. “Judges don’t make allegations like this cavalierly. It’s only after they have looked at the evidence and they have deep concerns that something that is not quite right. This is not by any means a run-of-the-mill, routine order.”

Last summer, Judge Allegra awarded Dobyns $173,000 in damages and rebuked the ATF for failing to adequately protect Dobyns and his family. The Justice Department appealed that ruling, but in another highly unusual move, Allegra successfully had the case remanded to his court, so he can pursue the seven government lawyers for concealing evidence. Recently unsealed documents obtained by FoxNews.com show that the DOJ disagrees with Allegra’s decision to keep the lawyers out of his court.

“[The order] limits the attorney general’s authority to select counsel to represent the United States,” a legal filing by Acting Assistant Attorney General Joyce R. Branda from Jan. 5 reads.

She added: “We are prepared to move forward with the… proceedings at the Court’s convenience.”

The judge also sent evidence of the alleged malpractice to the DOJ’s Office of Professional Responsibility, which initially opened an investigation. However, legal filings show that the agency soon suspended its investigation, saying it would wait to hear what Judge Allegra finds.

Dobyns’ lawyer said that seemed odd given that Judge Allegra had specifically asked DOJ to investigate.

“He asked OPR to investigate these matters,” James Reed, Dobyns’ attorney, told FoxNews.com. “In nearly a quarter-century practicing law I’ve never come close to seeing anything like this,” he said.

 

 

Others, such as former ATF agents, said they were not surprised given their experience with the agency.

“It is atrocious. If they can do this to a highly decorated federal agent, imagine what they can do to the average Joe,” said Vince Cefalu, a former agent who helped expose the Operation Fast and Furious scandal and who successfully sued the ATF for retaliating against him.

The ATF declined to comment on the case. Fox News also asked Attorney General Eric Holder if the lawyers involved had been disciplined. The Department of Justice declined to comment.

Blogger David Codrea, one of the first to discover the unsealed documents, said it shows “a pattern of institutional corruption and arrogance that gets its tone set from the top.”

 

Tapes: Obama said Libya NFZ/War Hillary’s Show

Hillary lied and Qaddafi died along with his sons. Hillary colluded with Susan Rice and Samantha Power and manufactured a crisis in Libya. This was Hillary’s show to make Libya her crown jewel of success as SecState. It must be note that war action must still be signed off by POTUS. He owns just the same amount of guilt if not more. Sadly and mostly so, the military was just a pawn for their political success….

Exclusive: Secret tapes undermine Hillary Clinton on Libyan war

Top Pentagon officials and a senior Democrat in Congress so distrusted Secretary of State

Hillary Rodham Clinton’s 2011 march to war in Libya that they opened their own diplomatic channels with the Gadhafi regime in an effort to halt the escalating crisis, according to secret audio recordings recovered from Tripoli.

The tapes, reviewed by The Washington Times and authenticated by the participants, chronicle U.S. officials’ unfiltered conversations with Col. Moammar Gadhafi’s son and a top Libyan leader, including criticisms that Mrs. Clinton had developed tunnel vision and led the U.S. into an unnecessary war without adequately weighing the intelligence community’s concerns.

“You should see these internal State Department reports that are produced in the State Department that go out to the Congress. They’re just full of stupid, stupid facts,” an American intermediary specifically dispatched by the Joint Chiefs of Staff told the Gadhafi regime in July 2011, saying the State Department was controlling what intelligence would be reported to U.S. officials.

At the time, the Gadhafi regime was fighting a civil war that grew out of the Arab Spring, battling Islamist-backed rebels who wanted to dethrone the longtime dictator. Mrs. Clinton argued that Gadhafi might engage in genocide and create a humanitarian crisis and ultimately persuaded President Obama, NATO allies and the United Nations to authorize military intervention.

Losing control: Col. Moammar Gadhafi ruled Libya with an iron fist, but U.S. military leaders were looking for a way to avoid a power vacuum.

Losing control: Col. Moammar Gadhafi ruled Libya with an iron fist, but … more >

Gadhafi’s son and heir apparent, Seif Gadhafi, told American officials in the secret conversations that he was worried Mrs. Clinton was using false pretenses to justify unseating his father and insisted that the regime had no intention of harming a mass of civilians. He compared Mrs. Clinton’s campaign for war to that of the George W. Bush administration’s now debunked weapons of mass destruction accusations, which were used to lobby Congress to invade Iraq, the tapes show.

“It was like the WMDs in Iraq. It was based on a false report,” Gadhafi said in a May 2011 phone call to Rep. Dennis J. Kucinich, an Ohio Democrat serving at the time. “Libyan airplanes bombing demonstrators, Libyan airplanes bombing districts in Tripoli, Libyan army killed thousands, etc., etc., and now the whole world found there is no single evidence that such things happened in Libya.”

Seif Gadhafi also warned that many of the U.S.-supported armed rebels were “not freedom fighters” but rather jihadists whom he described as “gangsters and terrorists.”

“And now you have NATO supporting them with ships, with airplanes, helicopters, arms, training, communication,” he said in one recorded conversation with U.S. officials. “We ask the American government send a fact-finding mission to Libya. I want you to see everything with your own eyes.”

The surreptitiously taped conversations reveal an extraordinary departure from traditional policy, in which the U.S. government speaks to foreign governments with one voice coordinated by the State Department.

Instead, the tapes show that the Pentagon’s senior uniformed leadership and a congressman from Mrs. Clinton’s own party conveyed sentiments to the Libyan regime that undercut or conflicted with the secretary of state’s own message at the time.

“If this story is true, it would be highly unusual for the Pentagon to conduct a separate set of diplomatic negotiations, given the way we operated when I was secretary of state,” James A. Baker III, who served under President George H.W. Bush, told The Times. “In our administration, the president made sure that we all sang from the same hymnal.”

Mr. Kucinich, who challenged Mrs. Clinton and Barack Obama for the 2008 Democratic presidential nomination, acknowledged that he undertook his own conversations with the Gadhafi regime. He said he feared Mrs. Clinton was using emotion to sell a war against Libya that wasn’t warranted, and he wanted to get all the information he could to share with his congressional colleagues.

“I had facts that indicated America was headed once again into an intervention that was going to be disastrous,” Mr. Kucinich told The Times. “What was being said at the State Department — if you look at the charge at the time — it wasn’t so much about what happened as it was about what would happen. So there was a distortion of events that were occurring in Libya to justify an intervention which was essentially wrong and illegal.”

Mr. Kucinich wrote a letter to Mr. Obama and Mrs. Clinton in August explaining his communications in a last-ditch effort to stop the war.

“I have been contacted by an intermediary in

Libya who has indicated that President Muammar Gadhafi is willing to negotiate an end to the conflict under conditions which would seem to favor Administration policy,” Mr. Kucinich wrote on Aug. 24.

Neither the White House nor the State Department responded to his letter, he said.

A spokesman for Mrs. Clinton declined to provide any comment about the recordings.

The State Department also declined to answer questions about separate contacts from the Pentagon and Mr. Kucinich with the Gadhafi regime, but said the goal of Mrs. Clinton and Mr. Obama was regime change in Libya.

“U.S. policy during the revolution supported regime change through peaceful means, in line with UNSCR 1973 policy and NATO mission goals,” the State Department said. “We consistently emphasized at the time that Moammar Gadhafi had to step down and leave Libya as an essential component of the transition.”

‘President is not getting accurate information’

Both inside and outside the Obama administration, Mrs. Clinton was among the most vocal early proponents of using U.S. military force to unseat Gadhafi. Joining her in making the case were French President Nicolas Sarkozy, Sen. John McCain, Arizona Republican, and her successor as secretary of state, John F. Kerry.

Mrs. Clinton’s main argument was that Gadhafi was about to engage in a genocide against civilians in Benghazi, where the rebels held their center of power. But defense intelligence officials could not corroborate those concerns and in fact assessed that Gadhafi was unlikely to risk world outrage by inflicting mass casualties, officials told The Times. As a result, Defense Secretary Robert M. Gates and Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, strongly opposed Mrs. Clinton’s recommendation to use force.

If Mrs. Clinton runs for president next year, her style of leadership as it relates to foreign policy will be viewed through the one war that she personally championed as secretary of state. Among the key questions every candidate faces is how they will assess U.S. intelligence and solicit the advice of the military leadership.

Numerous U.S. officials interviewed by The Times confirmed that Mrs. Clinton, and not Mr. Obama, led the charge to use NATO military force to unseat Gadhafi as Libya’s leader and that she repeatedly dismissed the warnings offered by career military and intelligence officials.

In the recovered recordings, a U.S. intelligence liaison working for the Pentagon told a Gadhafi aide that Mr. Obama privately informed members of Congress that Libya “is all Secretary Clinton’s matter” and that the nation’s highest-ranking generals were concerned that the president was being misinformed.

The Pentagon liaison indicated on the tapes that Army Gen. Charles H. Jacoby Jr., a top aide to Adm. Mullen, “does not trust the reports that are coming out of the State Department and CIA, but there’s nothing he can do about it.”

In one conversation to the Libyans, the American intelligence asset said, “I can tell you that the president is not getting accurate information, so at some point someone has to get accurate information to him. I think about a way through former Secretary Gates or maybe to Adm. Mullen to get him information”

The recordings are consistent with what many high-ranking intelligence, military and academic sources told The Times:

Mrs. Clinton was headstrong to enter the Libyan crisis, ignoring the Pentagon’s warnings that no U.S. interests were at stake and regional stability could be threatened. Instead, she relied heavily on the assurances of the Libyan rebels and her own memory of Rwanda, where U.S. inaction may have led to the genocide of at least 500,000 people.

“Neither the intervention decision nor the regime change decision was an intelligence-heavy decision,” said one senior intelligence official directly involved with the administration’s decision-making, who spoke on the condition of anonymity. “People weren’t on the edge of their seats, intelligence wasn’t driving the decision one way or another.”

Instead of relying on the Defense Department or the intelligence community for analysis, officials told The Times, the White House trusted Mrs. Clinton’s charge, which was then supported by Ambassador to the United Nations Susan E. Rice and National Security Council member Samantha Power, as reason enough for war.

“Susan Rice was involved in the Rwanda crisis in 1994, Samantha Power wrote very moving books about what happened in Rwanda, and Hillary Clinton was also in the background of that crisis as well,” said Allen Lynch, a professor of international relations at the University of Virginia. “I think they have all carried this with them as a kind of guilt complex.”

Humanitarian crisis was not imminent

In 2003, Gadhafi agreed to dismantle his weapons of mass destruction and denounce terrorism to re-establish relations with the West. He later made reparations to the families of those who died in the bombing of Pan-Am Flight 103 over Lockerbie, Scotland.

News media frequently described the apparent transformation as Libya “coming in from the cold.”

Still, he ruled Libya with an iron grip, and by February 2011 civil war raged throughout the country. Loyalist forces mobilized tanks and troops toward Benghazi, creating a panicked mass exodus of civilians toward Egypt.

Mrs. Clinton met with Libyan rebel spokesman Mahmoud Jibril in the Paris Westin hotel in mid-March so she could vet the rebel cause to unseat Gadhafi. Forty-five minutes after speaking with Mr. Jibril, Mrs. Clinton was convinced that a military intervention was needed.

“I talked extensively about the dreams of a democratic civil state where all Libyans are equal a political participatory system with no exclusions of any Libyans, even the followers of Gadhafi who did not commit crimes against the Libyan people, and how the international community should protect civilians from a possible genocide like the one [that] took place in Rwanda,” Mr. Jibril told The Times. “I felt by the end of the meeting, I passed the test. Benghazi was saved.”

So on March 17, 2011, the U.S. supported U.N. Security Council Resolution 1973 for military intervention in Libya to help protect its people from Gadhafi’s forthcoming march on Benghazi, where he threatened he would “show no mercy” to resisters.

“In this particular country — Libya — at this particular moment, we were faced with the prospect of violence on a horrific scale,” Mr. Obama declared in an address to the nation on March 28. “We had a unique ability to stop that violence: An international mandate for action, a broad coalition prepared to join us, the support of Arab countries and a plea for help from the Libyan people themselves.”

Yet Human Rights Watch did not see the humanitarian crisis as imminent.

“At that point, we did not see the imminence of massacres that would rise to genocidelike levels,” said Sarah Leah Whitson, executive director of the Middle East and North Africa division for Human Rights Watch. “Gadhafi’s forces killed hundreds of overwhelmingly unarmed protesters. There were threats of Libyan forces approaching Benghazi, but we didn’t feel that rose to the level of imminent genocidelike atrocities.”

Instead, she said, the U.S. government was trying to be at the forefront of the Arab Spring, when many dictator-led countries were turning to democracy.

“I think the dynamic for the U.S. government was: Things are changing fast, Tunisia has fallen, Egypt has fallen, and we’d better be on the front of this, supporting a new government and not being seen as supporting the old government,” Ms. Whitson said.

Clinton blocks Gadhafi outreach

On the day the U.N. resolution was passed, Mrs. Clinton ordered a general within the

Pentagon to refuse to take a call with Gadhafi’s son Seif and other high-level members within the regime, to help negotiate a resolution, the secret recordings reveal.

A day later, on March 18, Gadhafi called for a cease-fire, another action the administration dismissed.

Soon, a call was set up between the former U.S. ambassador to Libya, Gene Cretz, and Gadhafi confidant Mohammed Ismael during which Mr. Ismael confirmed that the regime’s highest-ranking generals were under orders not to fire upon protesters.

“I told him we were not targeting civilians and Seif told him that,” Mr. Ismael told The Times in an telephone interview this month, recounting the fateful conversation.

While Mrs. Clinton urged the Pentagon to cease its communications with the Gadhafi regime, the intelligence asset working with the Joint Chiefs remained in contact for months afterward.

“Everything I am getting from the State Department is that they do not care about being part of this. Secretary Clinton does not want to negotiate at all,” the Pentagon intelligence asset told Seif Gadhafi and his adviser on the recordings.

Communication was so torn between the Libyan regime and the State Department that they had no point of contact within the department to even communicate whether they were willing to accept the U.N.’s mandates, former Libyan officials said.

Mrs. Clinton eventually named Mr. Cretz as the official U.S. point of contact for the Gadhafi regime. Mr. Cretz, the former ambassador to Libya, was removed from the country in 2010 amid Libyan anger over derogatory comments he made regarding Gadhafi released by Wikileaks. As a result, Mr. Cretz was not trusted or liked by the family.

Shutting the Gadhafis out of the conversation allowed Mrs. Clinton to pursue a solitary point of view, said a senior Pentagon official directly involved with the intervention.

“The decision to invade [Libya] had already been made, so everything coming out of the State Department at that time was to reinforce that decision,” the official explained, speaking only on the condition of anonymity for fear of retribution.

As a result, the Pentagon went its own way and established communications with Seif Gadhafi through one of his friends, a U.S. businessman, who acted as an intermediary. The goal was to identify a clear path and strategy forward in Libya — something that wasn’t articulated by the White House or State Department at the time, officials said.

“Our big thing was: ‘What’s a good way out of this, what’s a bridge to post-Gadhafi conflict once the military stops and the civilians take over, what’s it going to look like?’” said a senior military official involved in the planning, who requested anonymity. “We had a hard time coming up with that because once again nobody knew what the lay of the clans and stuff was going to be.

“The impression we got from both the businessman and from Seif was that the situation is bad, but this [NATO intervention] is even worse,” the official said, confirming the sentiments expressed on the audio recordings. “All of these things don’t have to happen this way, and it will be better for Libya in the long run both economically and politically if they didn’t.”

Pentagon looks for a way out

The Pentagon wasn’t alone in questioning the intervention.

The week the U.N. resolution authorizing military force was passed, Sen. Jim Webb, Virginia Democrat, expressed his own concerns.

“We have a military operation that’s been put to play, but we do not have a clear diplomatic policy or clear statement of foreign policy. We know we don’t like the Gadhafi regime, but we do not have a picture of who the opposition movement really is. We got a vote from the Security Council but we had five key abstentions in that vote.”

Five of the 15 countries on the U.N. Security Council abstained from voting on the decision in Libya because they had concerns that the NATO intervention would make things worse. Mrs. Clinton worked to avoid having them exercise their veto by personally calling representatives from Security Council member states.

Germany and Brazil published statements on March 18, 2011, explaining their reasons for abstention.

“We weighed the risks of a military operation as a whole, not just for Libya but, of course, also with respect to the consequences for the entire region and that is why we abstained,” Germany said.

Brazil wrote, “We are not convinced that the use of force as contemplated in the present resolution will lead to the realization of our most important objective — the immediate end of violence and the protection of civilians.

We are also concerned that such measures may have the unintended effect of exacerbating tensions on the ground and causing more harm than good to the very same civilians we are committed to protecting.”

Sergey Ivanovich Kislyak, Russia’s ambassador to the U.S., told The Times that history has proved those concerns correct.

“The U.N. Security Council resolution on Libya was meant to create a no-fly zone to prevent bombing of civilians,” said Mr. Kislyak. “NATO countries that participated in this intervention were supposed to patrol the area. However, in a short amount of time the NATO flights — initially meant to stop violence on the ground — went far beyond the scope of the Security Council-mandated task and created even more violence in Libya.”

On March 19, the U.S. military, supported by France and Britain, fired off more than 110 Tomahawk missiles, hitting about 20 Libyan air and missile defense targets. Within weeks, a NATO airstrike killed one of Gaddafi’s sons and three grandsons at their the family’s Tripoli compound, sparking debate about whether the colonel and his family were legitimate targets under the U.N. resolution.

Mr. Gates, the defense secretary, said the compound was targeted because it included command-and-control facilities.

Even after the conflict began, U.S. military leaders kept looking for a way out and a way to avoid the power vacuum that would be left in the region if Gadhafi fell.

As the intelligence asset working with the Joint Chiefs kept his contacts going, one U.S. general made an attempt to negotiate directly with his Libyan military counterparts, according to interviews conducted by The Times with officials directly familiar with the overture.  Army Gen. Carter Ham, the head of the U.S. African Command, sought to set up a 72-hour truce with the regime, according to an intermediary called in to help.

Retired Navy Rear Adm. Charles Kubic, who was acting as a business consultant in

Libya at the time, said he was approached by senior Libyan military leaders to propose the truce. He took the plan to Lt. Col. Brian Linvill, the U.S. AFRICOM point of contact for Libya. Col. Linvill passed the proposal to Gen. Ham, who agreed to participate.

“The Libyans would stop all combat operations and withdraw all military forces to the outskirts of the cities and assume a defensive posture. Then to insure the credibility with the international community, the Libyans would accept recipients from the African Union to make sure the truce was honored,” Mr. Kubic said, describing the offers.

“[Gadhafi] came back and said he was willing to step down and permit a transition government, but he had two conditions,” Mr. Kubic said. “First was to insure there was a military force left over after he left Libya capable to go after al Qaeda. Secondly, he wanted to have the sanctions against him and his family and those loyal to him lifted and free passage. At that point in time, everybody thought that was reasonable.”

But not the State Department.

Gen. Ham was ordered to stand down two days after the negotiation began, Mr. Kubic said. The orders were given at the behest of the State Department, according to those familiar with the plan in the Pentagon. Gen. Ham declined to comment when questioned by The Times.

“If their goal was to get Gadhafi out of power, then why not give a 72-hour truce a try?” Mr. Kubic asked. “It wasn’t enough to get him out of power; they wanted him dead.”

Libyan officials were willing to negotiate a departure from power but felt the continued NATO bombings were forcing the regime into combat to defend itself, the recordings indicated.

“If they put us in a corner, we have no choice but to fight until the end,” Mr. Ismael said on one of the recordings. “What more can they do? Bomb us with a nuclear bomb? They have done everything.”

Under immense foreign firepower, the Gadhafi regime’s grip on Libya began to slip in early April and the rebels’ resolve was strengthened. Gadhafi pleaded with the U.S. to stop the NATO airstrikes.

Regime change real agenda

Indeed, the U.S. position in Libya had changed. First, it was presented to the public as way to stop an impending humanitarian crisis but evolved into expelling the Gadhafis.

CIA Director Leon E. Panetta says in his book “Worthy Fights” that the goal of the Libyan conflict was for regime change. Mr. Panetta wrote that at the end of his first week as secretary of defense in July 2011, he visited Iraq and Afghanistan “for both substance and symbolism.”

“In Afghanistan I misstated our position on how fast we’d be bringing troops home, and I said what everyone in Washington knew, but we couldn’t officially acknowledge: That our goal in Libya was regime change.”

But that wasn’t the official war cry. Instead: “It was ‘We’re worried a humanitarian crisis might occur,’” said a senior military official, reflecting on the conflict. “Once you’ve got everybody nodding up and down on that, watch out because you can justify almost anything under the auspices of working to prevent a humanitarian crisis. Gadhafi had enough craziness about him, the rest of the world nodded on.”

But they might not be so quick to approve again, officials say.

“It may be impossible to get the same kind of resolution in similar circumstances, and we already saw that in Syria where the Russians were very suspicious when Western powers went to the U.N.,” said Richard Northern, who served as the British ambassador to Libya during part of the conflict. “Anything the Western powers did in the Middle East is now viewed by the Russians with suspicion, and it will probably reduce the level of authority they’re willing to give in connection to humanitarian crises.”

Mr. Kucinich, who took several steps to end the war in Libya, said he is sickened about what transpired.

He sponsored a June 3 resolution in the House of Representatives to end the Libyan war, but Republican support for the bill was diluted after Speaker John A. Boehner, Ohio Republican, proposed a softer alternative resolution demanding that the president justify his case for war within 14 days.

“There was a distortion of events that were occurring in Libya to justify an intervention which was essentially wrong and illegal because [the administration] gained the support of the U.N. Security Council through misrepresentation,” said Mr. Kucinich. “The die was cast there for the overthrow of the Gadhafi government. The die was cast. They weren’t looking for any information.

“What’s interesting about all this is, if you listen to Seif Gaddafi’s account, even as they were being bombed they still trusted America, which really says a lot,” said Mr. Kucinich. “It says a lot about how people who are being bombed through the covert involvement or backdoor involvement of the U.S. will still trust the U.S. It’s heart-breaking, really. It really breaks your heart when you see trust that is so cynically manipulated.”

In August, Gadhafi’s compound in Tripoli was overrun, signaling the end of his 42-year reign and forcing him into hiding. Two months later, Gadhafi, 69, was killed in his hometown of Sirte. His son Seif was captured by the Zintan tribe and remains in solitary confinement in a Zintan prison cell.

Since Gadhafi was removed from power, Libya has been in a constant state of chaos, with factional infighting and no uniting leader. On Tuesday, an attack on a luxury hotel in Tripoli killed nine people, including one American. A group calling itself the Islamic State-Tripoli Province took responsibility for the attack, indicating a growing presence of anti-American terrorist groups within the country.

 

 

 

 

 

 

 

 

 

No Battle Plan to Defeat Boko Haram?

No battle plan for Boko Haram?  In November of 2013, Boko Haram got a terrorist designation by the State Department. It has proven ties to AQIM. Not only has Boko Harem been responsible and claimed responsibility for killing thousands of civilians but, they have killed countless construction workers and continue to kidnap girls for sex slaves. Boko Haram continues to bring a brutal and deadly campaign against the Nigerian government but also has done the same with a United Nations building as well as Western targets in country. So this begs the question, why has there been no authorization for a battle plan to terminate this terror group in Nigeria such as AFRICOM is begging for one to defeat Boko Haram?

AFRICOM Commander Wants Full Counterinsurgency Plan for Boko Haram  The top commander of U.S. troops in Africa said he would like the U.S. military to do more to fight the terrorist group Boko Haram, but that it’s up to Nigerian and U.S. policy officials to decide how much they’re willing to change the trajectory of that group’s violent stronghold on the region.

U.S. Africa Command’s Gen. David Rodriguez, who previously served as the No. 2-ranking commander of the Afghanistan war, said he believes to turn the tide against Boko Haram would require a full-scale counterinsurgency plan across four countries.

The group now controls a vast territory of northeast Nigeria, Cameroon, Chad and Niger. Two weeks ago, Boko Haram fighters killed roughly 2,000 people in one attack in the region. The episode drew delayed Western media attention and relatively muted responses from Western leaders. Critics at the time complained that Washington and allied leaders paid disproportionate attention to the terrorist attack in Paris against the satirical periodical Charlie Hebdo, which occurred the same week.

Rodriguez said he felt the international community was amply aware of Nigeria’s crisis and was taking steps to fight the terrorist threat. “But I totally agree that it has to be much more effective all the way around to change what’s going on there, the negative impact on the people, the number of people displaced is just staggering,” he said, at the Center for Strategic and International Studies, a Washington think tank.

“I think it’s going to take a huge international and multinational effort there to change the trajectory of that … I think the Nigerian leadership and Nigerian militaries are really going to have to really improve their capacities to be able to handle that. … I hope that they let us help them more and more,” Rodriguez said.

Rodriguez answered critics of the international response to the terrorist groups by saying it was ultimately Nigeria’s responsibility to request additional U.S. help, which the general was eager to provide.

“We continue to look for a way to constructively support the Nigerian military efforts,” Rodriguez said, “and continue to work will all the nations around there.” But Nigeria has cancelled exercises with U.S. forces. “We hope that that gets better and we hope we are able to train and equip more and more,” he said.

Next month, Nigeria will hold its presidential elections as President Goodluck Jonathan faces increasing criticism that his government has downplayed the crisis and proven inept in its response. Secretary of State John Kerry just returned from Nigeria, where he urged calm amid concern that the security situation could threaten the elections and spark additional violence.

“What has come together is a ‘perfect storm’ of security threats,” said Peter Pham, director of the Atlantic Council’s Africa Center, testifying Tuesday before the House Committee on Foreign Affairs. Pham listed Boko Haram’s continuing insurgency and terrorist attacks to neighboring countries beyond Nigeria, the possibly millions displaced by the conflict, and the economic pressure created by the falling price of oil.

“It’s Boko Haram version 3.0,” Pham told Defense One. “It’s a group that’s gone from being a violent extremist group, to a terrorist group carrying out attacks, suicide bombings and other acts of violence, to full-fledged insurgency, occupying territory, trying to set up a mini-government, a mini-caliphate of its own.”

Emmanuel Ogebe, manager for the Peaceful Polls 2015 Project promoting fair elections in Nigeria, said that while Boko Haram killed roughly 2,000 people in 2012, they have exceeded that in the first week of 2015.

“Boko Haram has led ISIS the last three years in atrocities,” he said. “It puzzles me to this day that Boko Haram does not get the attention that ISIS has … Paris got way more attention than the people of Baga ever did, even though the destruction of Baga was an extinction-level event.”

“I want to say that black lives matter when it comes to global terrorism as well,” he said.

Senate Foreign Relations Committee Chairman Bob Corker, R-Tenn., said while much of the attention in the counterterrorism fight has been on other regions, over time, he’s going to make Africa more of a priority in the committee. “Certainly, [Boko Haram] have turned out to be an incredibly disruptive force, and much of our focus has been on what’s happening in Syria,” Corker told Defense One. “We need to be paying attention to what’s happening in Nigeria as well.”

Robert Jackson, principal deputy assistant secretary of State for African Affairs, said that the U.S. government supports the idea of a joint task force and wants the U.S. to continue training vetted Nigerian soldiers. But he added, “Peaceful and credible elections is a condition for greater [U.S.] engagement, and we want to get through that step first.”

“I think there’s a tremendous effort to combat Boko Haram,” Rodriguez said, referring to the military multinational task force, in all four nations. “In Nigeria, we have continued to build their naval security apparatus, it’s going very, very well, and we have expended our intelligence sharing efforts with them.” But much more is needed, he said.

Part of the complication of this training, Pham noted, are accusations that the Nigerian government and military have committed human rights abuses. By law, the U.S. cannot provide training or equipment to individuals or units that are implicated in human rights violations. While the Defense Department can grant exceptions for equipment and assistance necessary for disaster relief, national emergencies, or “extraordinary circumstances,” as determined by the secretary of defense, Pham said, no exception has ever been made in Africa to his knowledge. “Not every member or unit of the Nigerian military are human rights abusers,” he said. “To say it is all corrupt, inefficient, and violates human rights is painting with a very broad brush.”

Earlier this year, one round of a program by which U.S. Army instructors trained a battalion of Nigerian “rangers” was paused due to a lack of equipment, according to Pham. By a memorandum of understanding, the Nigerian government had agreed to buy the equipment its forces would need.

The Nigerian government spends roughly $5.8 to $6 billion of its budget on security, while its total economy is roughly half a trillion dollars, according to Pham. Its military is made up of some 90,000 active duty and 20-25,000 reserve components – “For a country of 180 million people, that’s disproportionately small,” he said.

When civilian rule was restored to Nigeria after a series of military takeovers in the 80s and 90s, the government essentially starved the military in order to protect against another coup. Now, Nigerian forces badly need the training the U.S. can uniquely provide, Pham said – but it will take time.

“To fight a group like [Boko Haram], you have to be not only a war-fighting Army, but one trained in counterinsurgency,” he said, echoing Rodriguez’ comments made hours earlier across Washington.

Rodriguez would not say whether the U.S. could to more to stop Boko Haram, short of full scale counterinsurgency, only that whatever level of U.S. military intervention he is tasked to provide is “a policy decision” that is not his to make.

Islamic State Funnels U.S. Dollars/Kills Former Marine

Islamic State has an operating wing in Pakistan and fundraising dollars are funneled through the United States. The attacked yesterday on the hotel in Libya killed an American, a former Marine. ISLAMABAD: Yousaf al Salafi – allegedly the Pakistan commander of Islamic State (IS) or Daish – has confessed during investigations that he has been receiving funds through the United States.

Law enforcing agencies on January 22 claimed that they arrested al Salafi, along with his two companions, during a joint raid in Lahore. However, sources revealed that al Salafi was actually arrested sometimes in December last year and it was only disclosed on January 22.

“During the investigations, Yousaf al Salafi revealed that he was getting funding – routed through America – to run the organisation in Pakistan and recruit young people to fight in Syria,” a source privy to the investigations revealed to Daily Express on the condition of anonymity.

Al Salafi is a Pakistani-Syrian, who entered Pakistan through Turkey five months ago. Earlier, it was reported that he crossed into Turkey from Syria and was caught there. However, he managed to escape from Turkey and reached Pakistan to establish IS in the region.

Sources said al Salafi’s revelations were shared with the US Secretary of State John Kerry during his recent visit to Islamabad. “The matter was also taken up with CENTCOM chief General Lloyd Austin during his visit to Islamabad earlier this month,” a source said.

Al Salafi also confessed that he – along with a Pakistani accomplice, reportedly imam of a mosque – was recruiting people to send them to Syria and was getting around $600 per person from Syria.

“The US has been condemning the IS activities but unfortunately has not been able to stop funding of these organisations, which is being routed through the US,” a source said.

“The US had to dispel the impression that it is financing the group for its own interests and that is why it launched offensive against the organisation in Iraq but not in Syria,” he added.                                                                               

 

There are reports that citizens from Libya, Afghanistan, Pakistan and India besides other countries are being recruited by the IS to fight in Syria. Posters and wall chalking in favour of the IS have also been seen in various cities in Pakistan.  Former U.S. Marine Killed by Islamic State’s Tripoli ‘Province’

Two gunmen entered the Corinthia Hotel in Tripoli Tuesday morning. When their shooting rampage was over, at least ten people had been killed. For jihadists in Libya, the hotel was an inviting target. Foreign diplomats, Western tourists and officials from Libya’s rival governments are known to frequent it. Indeed, the victims were five foreigners, including an American, and five Libyans.

The American killed in the attack has been identified as David Berry. According to the New York Daily News, Berry is a former U.S. Marine who worked as a security contractor for Crucible, LLC.  The company’s web site says that Crucible “provides high-risk environment training and global security solutions to employees of the U.S. Government, NGOs, and multinational corporations who live and work in dangerous and austere locations worldwide.” The company has not identified the client Berry was working for at the time of his death.

In the past, it could take weeks or months for a terrorist organization to take credit for an attack. Sometimes there is no claim of responsibility at all. Before the siege of the Corinthia Hotel had even been ended, however, a group calling itself the Islamic State’s province in Tripoli claimed on Twitter that the attack was the work of its members. In short order, the group posted photos of the two gunmen, identifying one as a Tunisian and the other as being from the Sudan.

The Islamic State, an al Qaeda offshoot that controls much of Iraq and Syria as a self-declared “caliphate,” announced the establishment of several “provinces” in North Africa and the Middle East in November of last year. The group’s provinces are more aspirational than real, as none of them controls much territory.

Abu Bakr al Baghdadi, who heads the Islamic State, argues that all other jihadist groups, and indeed all Muslims, in his provinces’ territories owe him their loyalty now that the caliphate has expanded. From Baghdadi’s perspective, this means that more established jihadist groups, such as al Qaeda in the Arabian Peninsula (AQAP) in Yemen, are now null and void. AQAP, which rejects Baghdadi’s assumed role as “Caliph Ibrahim I,” naturally takes offense to the Islamic State’s proclamations. An already heated rivalry became even testier after the Islamic State’s announcement in November.

Baghdadi’s international sway is often exaggerated. The Islamic State has failed to usurp the power of organizations such as AQAP and Al Qaeda in the Islamic Maghreb (AQIM), both of which remain loyal to al Qaeda emir Ayman al Zawahiri. AQIM and its allies maintain a strong presence in Libya. And we cannot be sure how much of an operational relationship there is between the Islamic State’s headquarters in Iraq or Syria and the groups that fight in Baghdadi’s name in Libya and elsewhere.

Regardless, the Islamic State’s international network, and the threat it poses to American interests, is real. The establishment of “provinces,” which was intended to cut into al Qaeda’s dominant share of the global jihadist market, has had some success.

In fact, Berry is not the first American victim of the Islamic State’s provinces.

Late last year, the Islamic State’s province in the Sinai claimed responsibility for the death of a petroleum worker named William Henderson. The Sinai province was formed by a faction of another group, Ansar Bayt al Maqdis (ABM), which split over the rivalry between al Qaeda and the Islamic State. Henderson was actually killed in August 2014, before ABM’s Sinai presence officially swore allegiance to the Islamic State’s Baghdadi. But there are credible reports of cooperation between ABM and the Islamic State before their formal alliance.

The Sinai province has launched a string of attacks already this year, focusing on Egyptian security forces and others.

Earlier this week, Islamic State spokesman Abu Muhammad al Adnani, announced the formation of a province in the “Khorasan,” a geographical region that covers Afghanistan, Pakistan and parts of neighboring countries. A former Pakistani Taliban leader was named as the Khorasan province’s “governor.” His deputy governor is a former Guantanamo detainee known as Abdul Rauf Khadim.

As is the case elsewhere, the Islamic State’s Khorasan province is not the strongest jihadist organization in its home turf. The Taliban, al Qaeda and their allies have a much firmer foothold in South Asia. And the Khorasan province’s leaders include jihadists who lost internal power struggles in their previous organizations, paving the way for the Islamic State to garner their allegiance. Khadim, for example, was once a senior Taliban commander. After Khadim was forced out of the Taliban, Khadim and his supporters threw their lot in with Baghdadi.  It wasn’t the pull of the Islamic State that led Khadim to switch allegiances, so much as the Taliban’s push, which was caused by Khadim’s disagreements with his fellow jihadists.

Still, Khadim has been an effective commander and the Khorasan province is already active in southern Afghanistan. There have been skirmishes between Baghdadi’s followers and their rivals in the Taliban, which is clearly gunning for Khadim. One report says that the Taliban has captured Khadim and dozens of his followers, but that has not been confirmed.

Obama has Normalized Two Enemies

A long time friend to the United States is Egypt and they placed the Muslim Brotherhood on a terror list as has the United Arab Emirates as well as Saudi Arabia. But even with a petition placed on the White House website to do the same, the White House rejected it. There is no dispute that the Obama regime continues to court the Muslim Brotherhood and it spills into other agencies including the State Department.

Muslim Brotherhood-Aligned Leaders Hosted at State Department 

Brotherhood seeks to rally anti-Sisi supportThe State Department hosted a delegation of Muslim Brotherhood-aligned leaders this week for a meeting about their ongoing efforts to oppose the current government of President Abdel Fattah al-Sisi of Egypt, who rose to power following the overthrow of Mohamed Morsi, an ally of the Brotherhood, in 2013.One member of the delegation, a Brotherhood-aligned judge in Egypt, posed for a picture while at Foggy Bottom in which he held up the Islamic group’s notorious four-finger Rabia symbol, according to his Facebook page.

That delegation member, Waleed Sharaby, is a secretary-general of the Egyptian Revolutionary Council and a spokesman for Judges for Egypt, a group reported to have close ties to the Brotherhood.

The delegation also includes Gamal Heshmat, a leading member of the Brotherhood, and Abdel Mawgoud al-Dardery, a Brotherhood member who served as a parliamentarian from Luxor.

Sharaby, the Brotherhood-aligned judge, flashed the Islamist group’s popular symbol in his picture at the State Department and wrote in a caption: “Now in the U.S. State Department. Your steadfastness impresses everyone,” according to an independent translation of the Arabic.

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Another member of the delegation, Maha Azzam, confirmed during an event hosted Tuesday by the Center for the Study of Islam and Democracy (CSID)—another group accused of having close ties to the Brotherhood—that the delegation had “fruitful” talks with the State Department.

Maha Azzam confirms that ‘anti-coup’ delegation, which includes 2 top [Muslim Brothers], had ‘fruitful’ conversations at State Dept,” Egypt expert Eric Trager tweeted.

Assam also said that the department expressed openness to engagement, according to one person who attended the event.

Trager, a fellow at the Washington Institute for Near East Policy (WINEP), told the Washington Free Beacon that the State Department is interested in maintaining a dialogue with the Brotherhood due to its continued role in the Egyptian political scene.

“The State Department continues to speak with Muslim Brothers on the assumption that Egyptian politics are unpredictable, and the Brotherhood still has some support in Egypt,” he said. “But when pro-Brotherhood delegations then post photos of themselves making pro-Brotherhood gestures in front of the State Department logo, it creates an embarrassment for the State Department.”

When asked to comment on the meeting Tuesday evening, a State Department official said, “We meet with representatives from across the political spectrum in Egypt.”

The official declined to elaborate on who may have been hosted or on any details about the timing and substance of any talks.

Samuel Tadros, an Egypt expert and research fellow at the Hudson Institute who is familiar with the delegation, said that the visit is meant to rally support for the Muslim Brotherhood’s ongoing efforts against to oppose Sisi.

“I think the Muslim Brotherhood visit serves two goals,” Tadros said. “First, organizing the pro Muslim Brotherhood movement in the U.S. among the Egyptian and other Arab and Muslim communities.”

“Secondly, reaching out to administration and the policy community in D.C.,” Tadros said. “The delegation’s composition includes several non-official Muslim Brotherhood members to portray an image of a united Islamist and non-Islamist revolutionary camp against the regime.”

The delegation held several public events this week in Maryland and Virginia, according to invitations that were sent out.

Patrick Poole, a terrorism expert and national security reporter, said the powwow at the State Department could be a sign that the Obama administration still considers the Brotherhood politically viable, despite its ouster from power and a subsequent crackdown on its members by Egyptian authorities.

“What this shows is that the widespread rejection of the Muslim Brotherhood across the Middle East, particularly the largest protests in recorded human history in Egypt on June 30, 2013, that led to Morsi’s ouster, is not recognized by the State Department and the Obama administration,” Poole said.

“This is a direct insult to our Egyptian allies, who are in an existential struggle against the Muslim Brotherhood, all in the pursuit of the mythical ‘moderate Islamists’ who the D.C. foreign policy elite still believe will bring democracy to the Middle East,” Poole said.

*** But hold on as it gets worse. We have just seen where Yemen fell at the hands of the Houthis, an Iranian proxy militia. In fact it happened so fast, that I immediately posed the question ….has the State Department reached out to normalize relations with a terror faction that assumed control of Yemen, such that U.S. diplomatic personnel had to be immediately evacuated. The answer sadly is yes…..   Pentagon Confirms U.S. talks with Yemen’s Houthis   U.S. officials are holding discussions with representatives of the Shiite militia in Yemen who have forced the resignation of the country’s president, a Pentagon spokesman said Tuesday.

But the discussions with the Houthi militiamen do not amount to an agreement to share intelligence on al-Qaeda in Yemen, Rear Admiral John Kirby told reporters.

“Given the political uncertainty, it’s fair to say that U.S. government officials are in communication with various parties in Yemen about what is a very fluid and complex political situation,” Kirby said.

“It is also accurate to say that the Huthis, as participants in … these events, will certainly have reason to want to speak to international partners and the international community about their intentions and about how this process is going to unfold,” he said.

“The U.S. government is participating in those discussions.”

But asked if the Americans and Huthis were sharing intelligence on the movements of Al-Qaeda in the Arabian Peninsula (AQAP), Kirby said: “There’s no intelligence sharing regimen with the Huthis. There’s no formal agreement to do that, and you need those kinds of formal agreements in order to be able to do that.”

Washington has vowed to keep up its fight against AQAP despite the turmoil gripping Yemen, where Western-backed President Abdrabuh Mansur Hadi has stepped down after the militia seized the presidential palace.

The United States conducted a drone strike on Monday, killing three suspected Al-Qaeda militants, a tribal source told AFP.

Washington has long relied on Yemen’s government to help it target al-Qaeda extremists and a small contingent of U.S. special forces is deployed to the country to help its army battle AQAP, which U.S. intelligence officials view as the most dangerous branch of the jihadist network.

But U.S. officials are worried that the counter-terrorism and intelligence operations in Yemen will be jeopardized by the upheaval unfolding in Sanaa.

Michael Vickers, undersecretary of defense for intelligence, said last week at an Atlantic Council event that it was unclear if the aim of the Houthi militia “is to take over the state as much as it is to exercise influence and refashion it in a way that they think is more aligned with their interests.”