Terrifying Truth on Who Obama is NOT Deporting

Goodlatte Urges DHS to Deport Thousands of Criminal Aliens with Federal Drug Convictions Set to Be Released Next Month

HouseJudiciaryCommittee: On April 30, 2014, the United States Sentencing Commission approved Amendment 782, which modified the United States Sentencing Guidelines to lower the base offense level for federal controlled substances offenses.  Amendment 782 was made retroactive by the Commission. As a consequence, approximately 2,000 convicted criminal aliens whose sentences were reduced are now eligible for release from the Federal Bureau of Prisons on or about November 1, 2015.

In the letter to Secretary Johnson, Chairman Goodlatte urges Secretary Johnson to remove these criminal aliens from the United States, noting that they are the highest enforcement priority based on the Obama Administration’s own written policy for priority enforcement.

Below is the text of Chairman Goodlatte’s letter to Secretary Johnson.

 

October 20, 2015

The Honorable Jeh Johnson
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Johnson:

On April 30, 2014, the United States Sentencing Commission approved Amendment 782, which modified the United States Sentencing Guidelines to lower the base offense level for federal controlled substances offenses.  Amendment 782 was made retroactive by the Commission. As a consequence, approximately 6,000 convicted criminals whose sentences were reduced by the sentencing court pursuant to Amendment 782 are now eligible for release from the Federal Bureau of Prisons (BOP) on or about November 1, 2015, and approximately 8,500 additional prisoners will be eligible for early release by November 1, 2016.  Of the initial 6,000 inmates who will be released early, a significant number – approximately 2,000 – are criminal aliens.  These aliens are removable from the United States, either because they are unlawfully present or because of their criminal convictions.  In fact, based on their convictions for drug trafficking offenses, such aliens are the highest enforcement priority (Priority 1) for the Department of Homeland Security, based on your own written policy for priority enforcement, issued on November 20, 2014.

During your testimony before the House Judiciary Committee on July 14, 2015, Committee Members questioned you about the early release of aliens under Amendment 782.  In response, you stated, “I’m aware of this issue.  I’m aware of the adjustment to the Federal Sentencing Guidelines.  I’m aware that a number of individuals will be released as a result.  I’m aware that a number of them are probably undocumented, and we’ve been working with DOJ to do the most effective thing for public safety in that regard.”Given your response, I fully expect that U.S. Immigration and Customs Enforcement (ICE) will issue a detainer with the BOP for each alien expected to be released pursuant to Amendment 782, and that each alien will be taken into custody by ICE, as required by the Immigration and Nationality Act, for purposes of initiating removal proceedings or to execute the removal order of each alien who is already subject to a final order of removal from the United States.

Please confirm whether my expectation will be met and that the Department of Homeland Security is committed to ridding our streets of aliens peddling dangerous and illicit drugs to our children.  Additionally, please provide the following requested information:

    1. The specific number of aliens who will be released early by BOP pursuant to Amendment 782.
    2. Of those alien prisoners, how many have ICE detainers or requests for notification?
    3. Does ICE expect to issue detainers or requests for notification for every alien identified in (1) above prior to the prisoner’s release from BOP custody?
    4. Does ICE expect to take custody of every alien identified in (1) above for the purpose of initiating removal proceedings or to execute a final order of removal?  If not, why not?
    5. Please provide the number of aliens identified in (1) above who will not be taken into ICE custody upon release from BOP and provide an explanation for each alien as to why ICE will not take the alien into custody.

Please provide this information to me by October 30, 2015.  If your office has any questions, please contact Tracy Short, Counsel, Subcommittee on Immigration and Border Security, at (202) 225-3926.

Sincerely,

Bob Goodlatte
Chairman

**** Summary from Breitbart:

An overwhelming percentage of criminal aliens the Obama administration knows are in the U.S. are not detained but are instead living in neighborhoods and communities across the country, according to House Judiciary Committee Chairman Bob Goodlatte (R-VA).

Central American Gang Members AP

“The American public has been misled by the ‘enforcement priorities,’ ‘deferred action,’ and ‘executive action’ policies of this Administration, which categorize only certain quote, unquote ‘serious’ criminal aliens as worthy of immigration enforcement,” Goodlatte said at a House subcommittee hearing examining the victims of illegal immigrant crime. “However, this Administration’s actions demonstrate that it finds it acceptable to permit even serious criminal aliens to prey on our communities.”

According to the House Judiciary Committee, the Obama administration’s enforcement policies have allowed tens of thousands of criminal aliens to remain in the U.S.

“At least 95 percent of convicted criminal aliens known to [the Department of Homeland Security] are not detained,” Goodlatte said at Tuesday’s hearing.

The Virginia Republican argued against immigration activists’ contention that illegal immigration is a “victimless crime,” stressing that the opposite it true — “illegal immigration has consequences that can be devastating,” he said.

“Americans deserve to know why this Administration would release thousands upon thousands of criminal aliens from DHS custody – despite convictions that included a total of 473 homicide-related offenses, 375 kidnappings, 890 sexual assaults, and 10,731 assaults before their release,” he continued.

Goodlatte took additional aim at advocates and Democrats’ argument that the unaccompanied minors from Central America — who have been flooding across the border illegally by the tens of thousands and largely allowed to remain — are all helpless children.

“It is no coincidence that the spike in gang crime occurred during the same time that thousands of Central American minors were illegally entering at the southwest border. Sixty-four percent of validated gang members arrested in Frederick County in 2015 entered illegally through the southwest border as unaccompanied minors,” Goodlatte said, at the time foreshadowing the testimony of Sheriff Charles Jenkins of Frederick County, Maryland.

Goodlatte’s strong words preceded emotional testimony offered by two hearing witnesses whose children were killed by illegal immigrants.

“By releasing known criminal aliens and refusing to secure our border, the Administration has sent a clear message to the American people that their safety and security are far less important than ensuring that illegally present and criminal aliens will remain here,” Goodlatte added.

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

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

 

1

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

April 14, 2016

To: Republican Members

Committee on Oversight and Government Reform

From: Chairman Jason Chaffetz

Re: Preliminary Update—The Fast and Furious Papers

Executive Summary

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

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

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

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

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

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

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

Creating a culture of animosity towards congressional oversight.

Factual Background

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

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

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

Litigation Background

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

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

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

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

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

January 19, 2016 Order and Opinion

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

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

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

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

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

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

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

The Committee’s Appeal

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

The Justice Department’s Production

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

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

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

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

4 DOJ-FF-04906.

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

Preliminary Findings

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

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

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

5 DOJ-FF-04906.

6 DOJ-FF-04906.

7 DOJ-FF-04905.

8 DOJ-FF-44015—44018.

9 DOJ-FF-44015—44018.

10 DOJ-FF-44015—44018.

11 DOJ-FF-44015—44018.

12 DOJ-FF-11134.

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

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

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

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

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

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

13 DOJ-FF-00657.

14 DOJ-FF-00656.

15 DOJ-FF-43037.

16 DOJ-FF-43037.

17 DOJ-FF-43037.

18 DOJ-FF-60096.

19 DOJ-FF-60096.

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

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

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

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

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

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

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

20 DOJ-FF-61875.

21 DOJ-FF-61875.

22 DOJ-FF-12213—12214.

23 DOJ-FF-21337.

24 DOJ-FF-21335.

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

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

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

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

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

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

25 DOJ-FF-28895.

26 DOJ-FF-28985.

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

28 DOJ-FF-48038.

29 DOJ-FF-00002.

30 DOJ-FF-00002.

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

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

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

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

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

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

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

31 DOJ-FF-01272.

32 DOJ-FF-01310.

33 DOJ-FF-01310.

34 DOJ-FF-01310.

35 DOJ-FF-01268-69.

36 DOJ-FF-01268.

37 DOJ-FF-01267.

38 DOJ-FF-57853.

39 DOJ-FF-57852.

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

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

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

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

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

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

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

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

40 DOJ-FF-12160.

41 DOJ-FF-12160.

Going Forward

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

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

APPENDIX: TIMELINE OF KEY DATES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Obama’s My Brother’s Keeper Initiative with Rappers

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

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

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

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

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

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

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

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

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

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

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

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

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

Passing a Law to Enforce the Law and an App

When George W. Bush created the Department of Homeland Security, one of the missions was to bring together the mobilize key agencies into one to force collaboration, cooperation and joint use of tools and technology to secure the country. Under Barack Obama, not only were executive orders signed to waive standing law and procedures, the security of the country has reached a tipping point as a result of adding in migrants, refugees and aliens. Mandates from the White House to other agencies include edicts to ignore policy and security standards but we are virtually giving sanctuary to criminals.

Now the House of Representatives is working on legislation to force compliance with law.

The Department of Homeland Security knows there are growing threats across the country so in December of 2015 the agency re-launched the warning system.

There is an app for that. The Department of Justice even published a 10 page handbook.

WASHINGTON — Homeland Security Secretary Jeh Johnson activated the National Terrorism Advisory System for the first time Wednesday, warning the public of “self-radicalized actors who could strike with little or no notice.”

The bulletin, which marks the addition of a new level of public warning to the system, will be in effect for the next six months, or until events dictate otherwise, Johnson said.

The Department of Homeland Security is “especially concerned that terrorist-inspired individuals and homegrown violent extremists may be encouraged or inspired to target public events or places,” the bulletin stated.

“As we saw in the recent attacks in San Bernardino and Paris, terrorists will consider a diverse and wide selection of targets for attacks,” the DHS notice said.

House Acts to Keep America Safe

Passes Legislation to Enhance Overseas Traveler Vetting & Help Stem Flow of Foreign Fighters

Washington, D.C. – Today, the House of Representatives passed the Enhancing Overseas Traveler Vetting Act (H.R. 4403).  The legislation, introduced by Rep. Will Hurd (R-TX), works to improve the vetting of travelers against terrorist watch lists and law enforcement databases, enhances border management, and improves targeting and analysis.

On the House floor, speaking in support of the bipartisan legislation, Chairman Royce delivered the following remarks (as prepared for delivery):

The global threat of terrorism has never been as high as it is today.  In just the last 12 months, we’ve seen terrorists strike in my home state of California, and in France, Belgium, Turkey, India, Tunisia, the Ivory Coast, Nigeria, Pakistan and Iraq – to name a few.  No country is immune.  The ideology of violent extremism knows no boundaries – allowing individuals to become radicalized by terrorists overseas without leaving their neighborhood.

I just returned from Iraq, Jordan and Tunisia, where I heard first-hand about the foreign fighter threat.  More than 35,000 foreigners from 120 countries have traveled to the Middle East to join ISIS, and many of these fighters are now looking to return to their homes and to the United States to carry out attacks.

That is why information sharing between countries is more critical than ever.

The bipartisan Task Force’s report highlighted the lack of any comprehensive, global database of foreign fighters and suspected terrorists.  In its absence, the U.S. and other countries rely on a patchwork system for exchanging extremist identities, which is weak and increases the odds that foreign fighters and suspected terrorists will be able to cross borders undetected.

H.R. 4403 will authorize the Secretaries of the Department of State and Homeland Security to develop open-source software platforms to vet travelers against terrorist watch lists and law enforcement databases.  It permits the open-source software to be shared with foreign governments and multilateral organizations, like INTERPOL.

This bill reflects the recommendations made by our colleagues on the Task Force, which we have worked together on.  I thank Mr. Hurd and Chairman McCaul for their leadership working to make our nation safer against terrorist threats.

WH to Employers, Make them Preferred Hiring Candidates

We have been enduring the misguided mission by the White House to release criminals early from their prison sentences ah…you know those that were based on drugs but non-violent. Pssst, the last jail break included 1/3 of them that were in prison for life sentences. Anyway, now the White House is becoming their advisors and promoters to get jobs for them, almost by force. Check this out. The corporations also have to take a pledge?

If employers spent more time implementing better hiring practices, then perhaps this wouldn’t be necessary. There are now more and more ways to find out if your new employee has a criminal record, for example, using something like https://www.nationalcrimecheck.com.au/. But, albeit, we live in a world where not everything is so straight forward.

Is this really the best use of time by the White House?

FACT SHEET: White House Launches the Fair Chance Business Pledge

“Now, a lot of time, [a] record disqualifies you from being a full participant in our society — even if you’ve already paid your debt to society. It means millions of Americans have difficulty even getting their foot in the door to try to get a job much less actually hang on to that job. That’s bad for not only those individuals, it’s bad for our economy. It’s bad for the communities that desperately need more role models who are gainfully employed. So we’ve got to make sure Americans who’ve paid their debt to society can earn their second chance.

President Barack Obama, Rutgers University, November 2, 2015

Today at the White House, Attorney General Loretta Lynch, Senior Advisor to the President Valerie Jarrett, and other White House officials hosted 19 companies from across the American economy who are standing with the Obama Administration as founding pledge takers to launch the Fair Chance Business Pledge. The pledge represents a call-to-action for all members of the private sector to improve their communities by eliminating barriers for those with a criminal record and creating a pathway for a second chance.

Companies signing the pledge today include: American Airlines, Busboys and Poets, The Coca-Cola Company, Facebook, Georgia Pacific, Google, Greyston Bakery, The Hershey Company, The Johns Hopkins Hospital and Health System, Koch Industries, Libra Group, PepsiCo, Prudential, Starbucks, Uber, Under Amour/Plank Industries, Unilever and Xerox.

Right now, there are approximately 2.2 million Americans behind bars. The United States accounts for 5 percent of the world’s population, and 25 percent of its inmates. Each year, more than 600,000 inmates are released from federal and state prisons, and another 11.4 million individuals cycle through local jails. Around 70 million Americans have some sort of criminal record — almost one in three Americans of working age.

Too often, that record disqualifies individuals from being a full participant in their communities — even if they’ve already paid their debt to society. As a result, millions of Americans have difficulty finding employment.

Since President Obama took office, this Administration has been committed to reforming America’s criminal justice system. Last summer, the President spoke about the importance of reducing barriers facing people who have been in contact with the criminal justice system and are trying to put their lives back on track. He then became the first President to visit a federal prison where he sat down with individuals who would be returning to their communities. In November, he visited with formerly incarcerated individuals and emphasized that a smarter approach to reducing crime and enhancing public safety must begin with investing in all of our communities. He also announced new efforts by this Administration to help formerly incarcerated individuals to rehabilitate and reintegrate back into their communities, including an upcoming rule from the Office of Personnel Management that will “ban the box,” delaying inquiries into criminal history until later in the federal hiring process. One way to prevent criminals in the workplace may be to use pre-employment tests (as found at https://www.berkeassessment.com/solutions) in order to find out more about your candidates before you accept their application for the role. Berke has many options available.

Building on these efforts, the White House issued a challenge to businesses to take on the Fair Chance Business Pledge. A broad array of businesses have come together to support the reforms needed to bring about this change.

By signing the Fair Chance Business Pledge, these companies are:

  • Voicing strong support for economic opportunity for all, including the approximately 70 million Americans who have some form of a criminal record.
  • Demonstrating an ongoing commitment to take action to reduce barriers to a fair shot at a second chance, including practices like “banning the box” by delaying criminal history questions until later in the hiring process; ensuring that information regarding an applicant’s criminal record is considered in proper context; and engaging in hiring practices that do not unnecessarily place jobs out of reach for those with criminal records.
  • Setting an example for their peers. Today’s announcement is only the beginning. Later this year, the Obama Administration will release a second round of pledges, with a goal of mobilizing more companies and organizations to join the Fair Chance Business Pledge.

Companies and organizations interested in joining the Fair Chance Business Pledge can so do by signing up HERE.

Building on today’s announcement, in the coming weeks, the White House and the Department of Justice will host events in Washington, D.C. and across the country to amplify leaders taking steps to provide fair chance opportunities:

  • The Justice Department has designated the week of April 24-30, 2016, as National Reentry Week and is coordinating reentry events across the country – from job fairs, to practice interviews, to mentorship programs, to events for children of incarcerated parents – designed to help prepare inmates for release. To learn more, click HERE.
  • In the coming weeks, the White House will host a Champions of Change event to honor individuals expanding fair chance opportunities. The event will highlight local leaders and programs that are improving their communities by partnering with the philanthropic and private sectors to help those who have been incarcerated rehabilitate and reintegrate. To learn more, click HERE.

THE FAIR CHANCE BUSINESS PLEDGE

We applaud the growing number of public and private sector organizations nationwide who are taking action to ensure that all Americans have the opportunity to succeed, including individuals who have had contact with the criminal justice system. When around 70 million Americans – nearly one in three adults – have a criminal record, it is important to remove unnecessary barriers that may prevent these individuals from gaining access to employment, training, education and other basic tools required for success in life. We are committed to providing individuals with criminal records, including formerly incarcerated individuals, a fair chance to participate in the American economy.

These companies put forth their pledges as follows:

AMERICAN AIRLINES: At American Airlines, our employees are the source of our success, with a clear connection between the quality of our team and the quality of the experience we can provide our customers. American is working hard to recruit, develop, retain and engage the very best people – those with unique perspectives and ways of thinking that will position us as a global leader – while recognizing the importance, in appropriate circumstances, of giving people a second chance.

To ensure we aren’t removing qualified individuals from employment consideration, we have banned the box and we don’t ask criminal history questions until someone accepts an offer. We are also conducting consistent, reliable, and fair-minded background checks as part of our hiring process.

We commend the Administration and applaud the many corporations and organizations that are taking similar actions to give all Americans a fair chance to succeed and enjoy everything our country has to offer. American Airlines is proud to take the Fair Chance Business Pledge.

THE COCA-COLA COMPANY: Fair chance policies and programs not only enhance the likelihood of success for the more than 600,000 individuals who are released annually from state and federal prisons – they also help to reknit families and rebuild communities. For these and other reasons as outlined below, The Coca-Cola Company is pleased to join the Fair Chance Business Pledge as a signatory.

The Coca-Cola Company has a long-standing commitment to equal opportunity. This spans our employment practices and development of existing employees. We are dedicated to maintaining workplaces that are free from discrimination or harassment on the basis of race, color, religion, sex, national origin, age, disability, pregnancy, veteran status, genetic information, citizenship status, marital status, sexual orientation, gender identity and/or expression, or any other reason prohibited by law. The basis for recruitment, hiring, placement, training, compensation and advancement at the Company is qualifications, performance, skills and experience.

We are particularly proud to share that The Coca-Cola Company and Coca-Cola Refreshments do not engage in background screening related to criminal history until after a decision to hire has been made. When there is a successful applicant who has a criminal history, our talent acquisition team has in place a process to review the relevancy of the history to make an informed decision. We recognize that creating a pathway for a second chance is an important first step in creating successful, sustained re-entry into mainstream society.

FACEBOOK: Facebook is a vocal supporter of equality and we are proud to stand with a growing number of companies who have chosen to ban the box. We strongly oppose hiring practices that discriminate against qualified applicants on the basis of criminal record.

Recently, Facebook collaborated with the California Department of Justice on the agency’s OpenJustice initiative, a program that promotes transparency in the criminal justice system to strengthen the public trust, enhance government accountability, and inform public policy development.

Signing the Fair Chance Hiring pledge allows us to reaffirm our commitment to find ways that our company can create opportunities for all to succeed. And we encourage other organizations and employers to do the same.

GOOGLE: Google has banned the box in its hiring process since 2011. In the last year alone, Google has advanced racial justice and criminal justice reform with grants to organizations and leaders totaling over $5 million. Google will continue its commitment to criminal justice reform and creating opportunities for formerly incarcerated Americans by:

  • Convening other leading technology companies to recruit more companies to ban the box and go beyond the box to support formerly incarcerated Americans re-entering the job market.
  • Conducting listening sessions with criminal justice organizations and formerly incarcerated leaders to understand what specific supports are needed and consider how Google products can be used to raise awareness of the issue of mass incarceration in America.
  • Hosting a series of regional forums on criminal justice reform with formerly incarcerated women and men.

GREYSTON BAKERY: As part of our Fair Chance Pledge, we commit to:

  • Banning the Box – by delaying criminal history questions until later in the hiring process, or not asking them at all and giving individuals a chance to prove themselves through hard work regardless of background;
  • Training human resources staff on making fair decisions regarding applicants with criminal records, and other employment barriers, and reporting data on the number of applicants through Open Hiring;
  • Ensuring jobs, internships, apprenticeships, and regular and progressive job trainings are available to individuals with criminal records and other employment barriers;
  • Keeping an open door policy for Open Hiring for anyone to sign up for a chance at a job, when one becomes available; in the meantime, accessing workforce development trainings for employment readiness;
  • Providing mentorship and “soft-skills” support once on the job to ensure retention and readiness, particularly through the apprenticeship/internship period;
  • Supporting with placement to area employers from workforce development training programs whenever possible, through matching services and providing trainings in demand;
  • Providing key worker benefits past the apprenticeship period including: subsidized childcare, access to lower-cost nutritious food, and access to affordable housing, to address the highest risk factors of low-income workers and previously incarcerated individuals in sustaining employment;
  • Working to provide a “living wage” to all our workers in addition to subsidized worker benefits, to help those with employment barriers sustainably break the cycle of poverty.

Greyston also takes action in our local community of Yonkers, NY by supporting other employers in considering Open Hiring in their businesses, de-risking fair chance employment for them by investing in workforce development and job training programs, to increase overall regional employability and job readiness, including in “soft skills” such as literacy and numeracy, mentorship, etc.

Greyston also provides other community programs such as an early childcare center, community gardens, and housing supports for both worker benefit as well as community health and well-being, to truly contribute to sustained Fair Chance employment.

THE JOHNS HOPKINS HOSPITAL AND HEALTH SYSTEM: The Johns Hopkins Hospital and Health System’s (JHHS) practice of providing access and opportunity to the returning citizens of Baltimore is not a charitable endeavor, but a strategic part of the way we conduct our business. We are not just an organization that conducts business in Baltimore, but an integral part of the community — interwoven and connected for 126 years and counting.

When Mr. Hopkins endowed the Hospital, he recognized that the service we provide can only have a positive lasting impact if all members of the community are a part of JHHS mission. We have made sure to keep Mr. Hopkins’ directives, which in many ways mirror the Fair Chance Business Pledge, at the forefront of all that we do. This is evidenced in our hiring practice, which embraces our community’s citizens who meet our hiring requirements — including returning citizens.

We have banned the box in our hiring process and have an established practice of individually reviewing applicants that have criminal background. This thoughtful, detailed process has enabled us to have a strong returning citizen hire rate over the years.

Our long standing partnerships with community based partners, particularly those that serve returning citizens, and understand our organization and the work we do, provides us with a pipeline of talented applicants. We share our practices with other Baltimore City companies and encourage dialogue on the importance of engaging all of our citizens in the employment process.

Lastly, our organizations unwavering commitment to Baltimore City and Maryland is reflected in our Institution’s leadership, managerial and supervisory staff, who understand that we have a lot of talented people in our community. We recognize that we cannot afford to let good talent get away — especially talent that might need a second chance.

KOCH INDUSTRIES AND GEORGIA PACIFIC: Koch Industries and Georgia-Pacific support the Fair Chance Business Pledge and applaud the leadership of the White House on this critically important issue. The Pledge is consistent with Koch and Georgia-Pacific’s mission to help people improve their lives and remove barriers to opportunity for all Americans, especially the least advantaged.

We believe that we shouldn’t be rejecting people at the very start of the hiring process who may otherwise be capable and qualified, and want an opportunity to work hard.

LIBRA GROUP: The Libra Group believes strongly in the twin values of hope and opportunity. Investing in the community isn’t just a matter of ‘paying back’ with the fruits of commerce; it is good business in its own right. A community with hope and opportunity is one better equipped to contribute in tomorrow’s world. Part of our responsibility in running an international business is to actively give something back. We do this through a series of 10 managed programs and initiatives which are broadly linked to the themes of community support and assisting people who have been denied or have limited opportunity, including the formerly incarcerated. Some of these initiatives include:

  • Drive Change: Libra Group supports Drive Change and its mission to use the food truck workplace to run a 1-year Fellowship for young people returning home from prison so they can obtain preferred employment and educational opportunities. Our monetary and in-kind support, in the form of essential skills trainings have allowed Drive Change to:
    • Hire a part-time “Truck Coach” who will empower the young people in the program to gain the most from their entire Drive Change experience;
    • Host hospitality trainings to make sure the Fellows are receiving quality instruction that can drive their future career opportunities;
    • Support instructors in developing courses in work-place readiness, social media, marketing, money management and small business development;
    • Provide management training for Executive Staff.
  • Defy Ventures: Libra Group provides funding to Defy Ventures to support its mission of harnessing the natural talents of formerly incarcerated individuals and redirecting them towards the creation of profitable and legal business ventures.
  • Libra Internship Program: Libra Group Internships are a unique opportunity for bright, talented young people with proven leadership potential to undertake a paid placement of up to six months’ duration with the Libra Group and its subsidiaries around the world. We work with organizations such as LEDA (Leadership Enterprise for a Diverse America), SEO, Prep for Prep, Harlem Children’s Zone, Miami Dade College, Olivier Scholars and CUNY, who are dedicated to provide educational opportunities to students coming from disadvantaged backgrounds.

Through Libra’s Internship Program, we support the children of formerly incarcerated parents. We have hosted a number of students who have grown up with either one or both parents in the criminal justice system.

PEPSICO: We all have a vested interest in creating conditions that allow individuals with criminal convictions to succeed. Finding a job is often one of the biggest barriers to a second chance; that’s why PepsiCo is proud to sign the Fair Chance Business Pledge. A fair chance at a good job significantly increases an individual’s chances of successfully re-entering society while strengthening the communities we all share.

We already “ban the box” by eliminating criminal history questions on our employment applications and delaying a background check until after a conditional offer of employment has been made. In cases of a criminal background, we individually review each case to understand the relevancy of the conviction, time passed, evidence of rehabilitation and other factors. All candidates have the opportunity to tell their unique story and will not be eliminated from consideration based solely on the fact of a criminal conviction.

PepsiCo has a long history of promoting equal opportunity. We evaluate current and prospective employees solely on their qualifications, experience and performance – and we have zero tolerance for discrimination of any kind.

We will continue our efforts to create opportunities for formerly incarcerated Americans by working with community partners to provide job readiness training and support, such as Stanford Law School’s Justice Advocacy Project, an effort to assist individuals with navigating the challenges of reentry.

PRUDENTIAL FINANCIAL: Prudential Financial is proud to take the White House Fair Chance Business Pledge, building upon our long-standing commitment to equal opportunity. Our efforts to date have focused on establishing internal policies and supporting programs that rebuild communities and provide second chances to individuals and families.

Internally, Prudential is committed to inclusive hiring practices when it comes to recruiting and retaining the best talent. We post our open roles publicly and do not inquire about an individual’s criminal history until after an offer of employment is extended. If it is revealed that a candidate does have a criminal record, that does not in and of itself necessarily disqualify him/her.

Additionally, Prudential has provided nearly $50 million to support fair chance hiring policies by investing in businesses and organizations who have demonstrated a commitment to inclusive hiring practices. These practices include assisting individuals with criminal backgrounds through workforce training, which includes occupational skills training and workplace soft skills training, so that they can successfully re-enter the workforce.

STARBUCKS: Starbucks continues to encourage its partners (employees) and others to recognize the choices we, as organizations and as citizens, can each can make every day to see a different story for America. The Company believes that equal access to opportunities, for those willing to work hard and play fair, continues to be the promise of our country. In many ways, Starbucks is demonstrating responsible, compassionate ways to provide more individuals a second chance:

  • Ban the Box: Starbucks does not inquire about criminal histories on initial job applications and runs background checks only after a conditional offer of employment. The intent is to provide applicants with a criminal history the chance to be evaluated as a whole person by having their circumstances considered on a case-by-case basis.
  • Access to Opportunity: In partnership with like-minded organizations, Starbucks has come up with creative solutions to open doors for transitioning veterans, aspiring students seeking debt-free college degrees, and Opportunity Youth- 16-24 year olds who face systemic barriers to jobs and education.
  • 100,000 Opportunities Initiative: Supported by many of the country’s youth and opportunity-focused nonprofit organizations, local governments, and participating funders, the 100,000 Opportunities Initiative is an employer led coalition of over 30 companies committed to engaging at least 100,000 opportunity youth by 2018 through experiential job fairs, apprenticeships, internships, and both part-time and full-time jobs. Since August, Starbucks has already hired over 7,000 opportunity youth, and plans to host its next hiring fair in its hometown of Seattle in May.

UBER: Providing economic opportunities to those with certain offenses on their records is a way for Uber to help reentering citizens find a way to earn a living. Driving for the Uber platform is a great option for someone looking to get back on their feet: it’s easy to get started and completely flexible.

We believe that the right path forward is to tailor our driver screening process to focus on issues that are directly relevant to providing a safe and reliable ride. We also conduct a transparent, up-to-date, and fair assessment of who should be on the Uber platform and who shouldn’t. This ensures rider safety without excluding people who deserve a fair shot at work opportunities.

To that end, in California—where more than 100,000 people drive with Uber—we’ve committed to:

  • Notifying people who don’t pass Uber’s pre-screening process that they could be eligible for getting felonies on their records adjusted under Proposition 47 (which they only have until November 2017 to do) and pointing them to resources to help them do that.
  • Aligning our pre-screening process with Proposition 47 to give people with low-level, nonviolent convictions on their records the same economic opportunities as everyone else.
  • Referring people who still don’t qualify to Defy Ventures to get work and entrepreneurship training as well as mentoring and job placement assistance.

We look forward to making similar commitments across the country, and we’re pleased that already, our technology and our background check processes—which include screening through national, state, and local databases—are reliable and accurate without unnecessarily discriminating against minorities as fingerprint-based checks do. We’re excited to continue working with community groups and reentry organizations across the country to explore ways our policies and technology can make our screening process fair for everyone.

UNDER ARMOUR AND PLANK INDUSTRIES: Under Amour and Plank Industries want to commend the Administration for their leadership in promoting the Fair Business Pledge with employers across this country and we are proud to take the pledge across all of our businesses. This initiative serves as an important reminder that while we all seek to improve our economy and create jobs, we must also consider the barriers that prevent qualified individuals from joining the workforce.

Under Armour comes from very humble beginnings in Baltimore, Maryland. Today, we are a global brand in performance footwear, apparel and technology with nearly $4 billion in annual revenue employing 12,000 teammates in 28 offices across 18 countries. Baltimore is home to Under Armour, and as we grow, so will the opportunities in this great city.

While Under Armour continues to be a catalyst for economic activity in Baltimore, we believe there is even more we can do to grow the economy. Taking the Fair Business Pledge is just one example of how we can make our hiring practices more inclusive for some in our community. Through the Blocal initiative, we have also pledged to work with other business leaders in Baltimore to promote locally owned businesses, hire more from the local community, buy from local suppliers and continue to give back to our local communities.

As leaders in business, we all focus on creating economic opportunity. As leaders in our community, we should also consider how everyone can participate in the opportunities we create.

UNILEVER: Through the Unilever Sustainable Living Plan, Unilever is committed to enhancing livelihoods and creating a brighter future for all. We believe that businesses like ours can and should play an important role in generating wealth and jobs around the world, improving skills and offering access to markets. Fairness in the workplace is about respecting the rights of all those who work with us. Furthermore, business can only truly flourish in societies and economies where human rights are respected and upheld.

Several years ago, Unilever was one of the first companies to implement the “banning the box” policy, meaning that we no longer ask applicants to declare a criminal record prior to being invited to interview for a position. More recently, we decided that we will not conduct criminal background checks until a contingent offer has been made to a potential applicant. By taking these actions, Unilever is proud to be a signatory of the Fair Chance Business Pledge. We are committed to providing equal opportunities to individuals with criminal records a fair chance to participate in the American economy.

XEROX: Xerox is proud to join other corporate leaders in “banning the box.” Xerox is committed to fostering an environment where everyone can contribute and succeed at every level of the corporation.

Our outreach into diverse and broad employment markets for qualified individuals results in hiring our talented workforce and allows us to build and maintain an inclusive corporate culture. We strive continually to strengthen our work environment on an ongoing basis by valuing employees with different backgrounds and perspectives.