He Did it, He Turned Over the Fast and Furious Documents

  Maybe the whistleblowers will receive some vindication like Sharyl Attkisson.

Obama relents in fight over Fast and Furious documents

Politico: Four years after asserting executive privilege to block Congress from obtaining documents relating to a controversial federal gun trafficking investigation, President Barack Obama relented Friday, turning over to lawmakers thousands of pages of records that led to unusual House votes holding Attorney General Eric Holder in contempt in 2012.

In January, a federal district court judge rejected Obama’s executive privilege claim over records detailing the Justice Department and White House’s response to Operation Fast and Furious, a Bureau of Alcohol, Tobacco, Firearms and Explosives investigation that may have allowed as many as 2,000 firearms to pass into the hands of Mexican drug cartels.

In her ruling, U.S. District Court Judge Amy Berman Jackson did not turn down Obama’s privilege assertion on the merits. Instead, she said authorized public disclosures about the operation in a Justice Department inspector general report essentially mooted the administration’s drive to keep the records secret.

Both sides had until midnight Friday to file an appeal. Instead, the Obama administration turned over a set of documents to the House Oversight and Government Reform Committee.

“In light of the passage of time and other considerations, such as the Department’s interest 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,” Justice Deparment legislative liaison Peter Kadzik wrote in a letter Friday to House Oversight Chairman Jason Chaffetz (R-Utah).

Justice Department spokesman Patrick Rodenbush confirmed that the administration does not plan to appeal. He argued that Jackson’s ruling validated Obama’s initial claim of privilege.

“The Department of Justice is pleased that the district court … continued to recognize that the deliberative process component of the executive privilege exists and was a valid basis for the Department to withhold certain documents when requested by the House in 2011. Although the Department disagrees with the district court’s conclusion that the privilege was overcome in this particular case by disclosures and statements made in other contexts, the Department has decided not to appeal the court’s judgment and has provided a production of documents to the House Committee on Oversight and Government Reform,” Rodenbush said in a statement.

While the House largely won in the January decision, it did file an appeal earlier Friday afternoon, apparently unaware of the administration’s plans to comply with the judge’s order. The appeal suggested that House leaders were dissatisfied with aspects of Jackson’s rulings that narrowed the set of documents the administration had to turn over.

“As we’ve long asserted, the Committee requires and is entitled to these documents,” Chaffetz said in a statement. “They are critical to the Committee’s efforts to complete meaningful oversight. The Committee has a duty to understand and shine light on what was happening inside DOJ during the time of this irresponsible operation. Yet DOJ has obstructed our investigative work for years.”

After getting word that the Justice Department was turning over records, Chaffetz updated his statement, indicating that the House plans to press its appeal to get records beyond the ones the administration is providing.

“Today, under court order, DOJ turned over some of the subpoenaed documents. The Committee, however, is entitled to the full range of documents for which it brought this lawsuit. Accordingly, we have appealed the District Court’s ruling in order to secure those additional documents,” Chaffetz said.

Guns sold by dealers or informants used in the ATF operation wound up at numerous crime scenes in Mexico and the U.S. In December 2010, two of the weapons were found at the scene of the murder of a Border Patrol agent in Arizona.

Obama’s privilege claim in the Fast and Furious fight was broad-ranging, seeking to cover not only internal deliberations about how to respond to congressional inquiries but also discussions about media strategy related to the congressional probes.

The June 2012 claim in the Fast and Furious case was the only formal assertion of executive privilege by Obama to try to defeat a congressional demand for records or testimony, though the administration has raised executive privilege concerns when declining to comply with other congressional inquiries. Most of those were resolved through negotiations. The administration has also asserted executive privilege in response to a variety of Freedom of Information Act lawsuits.

 

 

 

 

 

Facebook’s Selective Censorship? Closed Groups….

Primer: Facebook owns WhatsApp.

Even more curious the New York Times did the study and provided the results to Facebook…Zuckerberg, what say you?

Facebook Groups Act as Weapons Bazaars for Militias

NYT: A terrorist hoping to buy an antiaircraft weapon in recent years needed to look no further than Facebook, which has been hosting sprawling online arms bazaars, offering weapons ranging from handguns and grenades to heavy machine guns and guided missiles.

The Facebook posts suggest evidence of large-scale efforts to sell military weapons coveted by terrorists and militants. The weapons include many distributed by the United States to security forces and their proxies in the Middle East. These online bazaars, which violate Facebook’s recent ban on the private sales of weapons, have been appearing in regions where the Islamic State has its strongest presence.

This week, after The New York Times provided Facebook with seven examples of suspicious groups, the company shut down six of them.

The findings were based on a study by the private consultancy Armament Research Services about arms trafficking on social media in Libya, along with reporting by The Times on similar trafficking in Syria, Iraq and Yemen.

A seller based in Tripoli, Libya, offered components of a man-portable antiaircraft defense system, or Manpads, in a closed Facebook group. Credit Armament Research Services

1. The Weapons Have Included Heavy Machine Guns and Heat-Seeking Missiles

Many sales are arranged after Facebook users post photographs in closed and secret groups; the posts act roughly like digital classified ads on weapons-specific boards. Among the weapons displayed have been heavy machine guns on mounts that are designed for antiaircraft roles and that can be bolted to pickup trucks, and more sophisticated and menacing systems, including guided anti-tank missiles and an early generation of shoulder-fired heat-seeking antiaircraft missiles.

Last year ARES said it had documented an offer on Facebook to sell an SA-7 gripstock (pictured above), the reusable centerpiece of a man-portable antiaircraft defense system, or Manpads, a weapon of the Stinger class. Many of these left Libyan state custody in 2011, as depots were raided by rebels and looters. ARES said it documented Libyan sellers claiming to have two complete SA-7s for sale, two additional missiles and three gripstocks. An old system, SA-7s are a greater threat to helicopters and commercial aircraft than to modern military jets.

Machine guns, rifles and a shotgun advertised on Facebook groups in Libya.

2. Others Are the Standard Arms of Militant and Terrorist Groups

Machine guns and missiles form a small fraction of the apparent arms trafficking on Facebook and other social media apps, according to Nic R. Jenzen-Jones, the director of ARES and an author of the report. Examinations by The Times of Facebook groups in Libya dedicated to arms sales showed that sellers sought customers for a much larger assortment of handguns and infantry weapons. The rifles have predominantly been Kalashnikov assault rifles, which are used by many militants in the region, and many FN FAL rifles, which are common in Libya.

All of these solicitations violate Facebook’s policies, which since January has forbidden the facilitation of private sales of firearms and other weapons, according to Monika Bickert, a former federal prosecutor who is responsible for developing and enforcing the company’s content standards.

Images from Facebook groups selling weapons in Iraq.

3. Weapons Sales Greased by Social Media Sites Have Become a Feature of Many Conflicts

The use of social media for arms sales is relatively new to Libya. Until a Western-backed uprising against Col. Muammar el-Qaddafi in 2011, which ended in his death at the hands of an armed mob, the country had a tightly restricted arms market and limited Internet access. But social media-based weapons markets in Libya are not unique. Similar markets exist in other countries plagued in recent years by conflict, militant groups and terrorism, including arms-sales Facebook groups in Iraq, Syria and Yemen.

On Monday, The Times shared links for seven such groups with Facebook to check whether they violated the rules. By Tuesday, Facebook had taken down six of the groups. Ms. Bickert said that one Facebook group — which displayed photographs of weapons but only discussed them and expressly forbade sales — had survived the company’s scrutiny.

Photo

Online weapons markets in Iraq and Libya.

4. Facebook’s Rules on Arms Sales Are Related to Changes in How Facebook Is Used.

Ms. Bickert described the company’s policies as evolutionary, reflecting shifts in its social media ecosystem.

“When Facebook began, there was no way to really engage in commerce on Facebook,” she said. But in the past year, she noted, the company has allowed users to process payments through its Messenger service, and has added other features to aid sales. “Since we were offering features like that, we thought we wanted to make clear that this is not a site that wants to facilitate the private sales of firearms.”

Photo

A Facebook user in Syria shared an image of Islamic State fighters.

5. Facebook Relies on Users to Report the Arms Trafficking It Bans

Ms. Bickert said the most important part of Facebook’s effort “to keep people safe” was to make it easy for users to notify the company of suspected violations, which can be done with a click on the “Report” feature on every Facebook post.

In this way so-called Community Operations teams — Facebook employees who review the reports in dozens of languages — can examine and remove offending content. How effective the policy is, in practice, is unclear. Several groups from which the photographs for this article were downloaded operated on Facebook for two years or more, accumulating thousands of members before Facebook announced its ban on arms sales.

This trafficking occurred in countries where the Islamic State is at its most active and where armed militias or other designated terrorist groups, including Al Qaeda, have a persistent presence. In all four countries, government forces do not control large areas of territory and civil society is under intense pressure. Christine Chen, a Facebook spokeswoman, said the company relied on the nearly 1.6 billion people who visit the site every month to flag offenders. “We urge everyone who sees violations to report them to us,” she said.

Pistols have been widely sold and sought on Facebook in Libya.

6. In Libya, Widespread Pistol Sales on Facebook

ARES has documented many types of buyers and sellers. These include private citizens seeking handguns as well as representatives of armed groups buying weapons that require crews to be operated effectively, or appearing to offload weapons that the militias no longer wanted. Different markets have different characteristics. In Libya, fear of crime seemed to drive many people to buy pistols, Mr. Jenzen-Jones said. “Handguns are disproportionately represented,” he said. “They are widely sought after — primarily for self-defense and particularly to protect against carjackings — with many prospective buyers placing ‘wanted’ posts.” They were also expensive, ranging from about $2,200 to more than $7,000 — a sign that demand outstrips supply.

Military weapons originating in the United States have been sold through Facebook groups in Iraq.

7. Weapons Provided to Allies in Iraq Have Filled Facebook Sales Pages

In Iraq, the Facebook arms bazaars can resemble inside looks at the failures of American train-and-equip programs, with sellers displaying a seemingly bottomless assortment of weapons provided to Iraq’s government forces by the Pentagon during the long American occupation. Those include M4 carbines, M16 rifles, M249 squad automatic weapons, MP5 submachine guns and Glock semiautomatic pistols. Many of the weapons shown still bear inventory stickers and aftermarket add-ons favored by American forces and troops.

Such weapons have long been available on black markets in Iraq, with or without advertising on social media. But Facebook and other social media companies seem to provide new opportunities for sellers and buyers to find one other easily; for sellers to display items to more customers; and for customers to peruse and haggle over a larger assortment of weapons than what is available in smaller, physical markets.

A TOW launcher, a wire-guided anti-tank missile system, was advertised on a Facebook group in Syria with this message: “There is a TOW launcher, brand new, whoever wants it should contact us via private messages or WhatsApp.”

8. In Syria, Weapons Identical to Those Distributed to Rebels by the United States Are Offered for Sale

Similarly, weapons identical to those provided by the United States to Syrian rebels have also been traded on Facebook and other social media or messaging apps. In one recent example, a seller in northern Syria — who identified himself as a student, photographer and sniper — offered a pristine-looking Kalashnikov assault rifle that he said came from the Hazm Movement, which received weapons from the United States before the movement was defeated by the Nusra Front, a Qaeda affiliate. He noted on Facebook that the rifle was new and had “never fired a shot,” and hinted of either a bonus gift or a discount.

 

Obama Claims a New Power, Illegals Benefit

Obama Claims Power to Make Illegal Immigrants Eligible for Social Security, Disability

Jeffrey/CNS: Does the president of the United States have the power to unilaterally tell millions of individuals who are violating federal law that he will not enforce that law against them now, that they may continue to violate that law in the future and that he will take action that makes them eligible for federal benefit programs for which they are not currently eligible due to their unlawful status?

Through Solicitor General Donald Verrilli, President Barack Obama is telling the Supreme Court exactly this right now.

The solicitor general calls what Obama is doing “prosecutorial discretion.”

He argues that under this particular type of “prosecutorial discretion,” the executive can make millions of people in this country illegally eligible for Social Security, disability and Medicare.

On April 18, the Supreme Court will hear arguments in the case. Entitled United States v. Texas, it pits President Obama against not only the Lone Star State, but also a majority of the states, which have joined in the litigation against the administration.

At issue is the policy the administration calls Deferred Action for Parents of Americans and Lawful Permanent Residents, which would allow aliens in this country illegally who are parents of citizens or lawful permanent residents to stay in the United States.

“The Executive Branch unilaterally created a program — known as DAPA — that contravenes Congress’s complex statutory framework for determining when an alien may lawfully enter, remain in, and work in the country,” the attorney general and solicitor general of Texas explained in a brief submitted to the Supreme Court on behalf of the states seeking to block the policy.

“DAPA would deem over four million unlawfully present aliens as ‘lawfully present’ and eligible for work authorization,” says the Texas brief. “And ‘lawful presence’ is an immigration classification established by Congress that is necessary for valuable benefits, such as Medicare and Social Security.”

In the administration’s brief, the solicitor general admits that the president’s DAPA program does not convert people illegally in the United States into legal immigrants. He further asserts that the administration at any time can decide to go ahead and remove these aliens from the country.

“Deferred action does not confer lawful immigration status or provide any defense to removal,” he says. “An alien with deferred action remains removable at any time and DHS has absolute discretion to revoke deferred action unilaterally, without notice or process.”

Despite this, he argues, the administration can authorize aliens here illegally on “deferred action” to legally work in the United States.

“Without the ability to work lawfully, individuals with deferred action would have no way to lawfully make ends meet while present here,” says the administration’s brief.

Nonetheless, the solicitor general stresses that “deferred action” does not make an illegal immigrant eligible for federal welfare.

“In general,” he says, “only ‘qualified’ aliens are eligible to participate in federal public benefit programs, and deferred action does not make an alien ‘qualified.’… Aliens with deferred action thus cannot receive food stamps, Supplemental Security Income, temporary aid for needy families, and many other federal benefits.”

But, he says, aliens here illegally with deferred action will be eligible for “earned-benefit programs.”

“A non-qualified alien is not categorically barred, however, from participating in certain federal earned-benefit programs associated with lawfully working in the United States — the Social Security retirement and disability, Medicare, and railroad-worker programs — so long as the alien is ‘lawfully present in the United States as determined by the (Secretary),'” says the solicitor general.

The “secretary” here is the secretary of Homeland Security.

“An alien with deferred action is considered ‘lawfully present’ for these purposes,” says the solicitor general.

So, as explained to the Supreme Court by Obama’s solicitor general, when DHS grants an alien here illegally “deferred action” under the president’s DAPA policy, that alien is not given “lawful immigration status” and can be removed from the country “at any time.” However, according to the solicitor general, that alien will be authorized to work in the United States and will be “considered ‘lawfully present'” for purposes of being eligible for “the Social Security retirement and disability, Medicare, and railroad-worker programs.”

The U.S. Constitution imposes this straightforward mandate on the president: “(H)e shall take care that the laws be faithfully executed.”

When the Supreme Court agreed in January to hear U.S. v. Texas, it made a telling request. It asked the parties to argue whether Obama’s DAPA policy “violates the Take Care Clause of the Constitution.”

The Obama administration has taken care of just one thing here: It has constructed a convoluted — and unconvincing argument — it hopes will provide the activists on the Supreme Court with a cover story to explain why this president need not faithfully execute the nation’s immigration laws.

 

Obama Commuting Sentences, Take Away his Pen

I am not too sure we should be surprised, this is a global mission of Barack Obama for terrorists and state sponsors of terror like Cuba and Iran. There are no consequences and following law much less treaties is something Obama is loathe to do. He simply uses his pen to sign clemency notifications or waivers.

BaltimoreSun: President Barack Obama commuted the prison sentences of 61 drug offenders on Wednesday including more than a third serving life sentences, working to give new energy to calls for overhauling the U.S. criminal justice system.

All of the inmates are serving time for drug possession, intent to sell or related crimes. Most are nonviolent offenders, although a few were also charged with firearms violations. Obama’s commutation shortens their sentences, with most of the inmates set to be released on July 28.

Obama, in a letter to the inmates receiving commutations, said the presidential power to grand commutations and pardons “embodies the basic belief in our democracy that people deserve a second chance after having made a mistake in their lives that led to a conviction under our laws.”

In a bid to call further attention to the issue, Obama planned to meet Wednesday with people whose sentences were previously commuted under Obama or Presidents Bill Clinton and George W. Bush. The White House said the former inmates would share their experiences about the challenges of re-entering society after incarceration.

One of the inmates, Jesse Webster of Chicago, is serving a life term for intent to sell cocaine and filing false tax returns. Another, Byron McDade of Bowie, Md., got 27 years for cocaine-related charges as well. In both cases, judges in the cases later said publicly it was too harsh, though sentencing guidelines often prevent judges from being more lenient. Webster and McDade will both be released later this year.

****

He is not stopping either.

Politico: White House promises to speed up clemency program

White House Counsel Neil Eggleston rebutted critics who’ve questioned whether the administration is truly committed to its clemency initiative.

Obama has commuted the sentences of 248 federal prisoners, mostly low-level drug offenders affected by mandatory minimum drug sentences, including 61 on Wednesday. While that’s more than the past six presidents combined, the pace of commutations since the Justice Department announced its clemency initiative two years ago has disappointed advocates. The White House has promised to pick up the pace, but so far, acceleration has been halting. That’s about to change, Eggleston said on Friday at a POLITICO Playbook Breakfast.

“No more eating, sleeping or drinking until we get all these commutations done,” Eggleston recalled telling his staff after Obama met on Wednesday with people who’d had their sentences commuted in the past.

So far, Obama’s commutations have come in batches released every few months. December’s was the biggest set to date, at 95. At that time, too, administration officials promised more speed. On Friday, Eggleston said he believes the “infrastructure is now very much in place” to file and process clemency petitions.

“You’re going to start seeing a lot more very quickly,” Eggleston said. “I think you’re going to start seeing them on a more regular basis. I did want to get a little out of the notion that each one had to be more than the one before because that’s sort of an artificial floor.”

Despite interest from tens of thousands of prisoners, it has turned out there aren’t so many federal prisoners who meet the initiative’s strict criteria for clemency, which include serving for at least 10 years and strong standards for nonviolence.

The Clemency Project 2014, a coalition of volunteer lawyers, said it has reviewed 30,000 requests for clemency and filed nearly 600 petitions, with another 100 nearing completion. (So far, most of Obama’s commutations did not originate with the Clemency Project, but their petitions are making up an increasingly substantial percentage of the total, and Eggleston praised their efforts on Friday.)

Eggleston also directly responded to complaints lodged by former Pardon Attorney, Deborah Leff, whose January resignation letter was obtained by USA Today.

Leff complained that her office did not have enough resources to fulfill the goals of the clemency initiative and that she did not have access to the White House counsel’s office.

“The pardon attorney’s office has a little more resources, which is good, and I have regular dealings with the pardon attorney directly, so to the extent that Ms. Leff was complaining about that, that was solved. Actually, it was solved before she left,” Eggleston said. “And so I think that we’re moving forward in a pretty good way here.”

Eggleston also rejected “out of hand” an argument — floated most recently in a New York Times editorial — that there can’t be meaningful pardon reform until that agency is moved out of the Department of Justice, because federal prosecutors are trained to put people in jail, not get them out.

“They’re quite committed to this,” Eggleston said of Deputy Attorney General Sally Yates and the acting pardon attorney, Robert Zauzmer.

“I was a prosecutor in the Southern District of New York in the 1980s, prosecuted a lot of drug crimes,” Eggleston said, “and I’m quite committed to this also.”

Read more: http://www.politico.com/blogs/under-the-radar/2016/04/white-house-clemency-speeding-up-221467#ixzz44b5QJfZs
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