SCOTUS Ruled and EPA Ignores

EPA Continues To Implement Global Warming Plan Supreme Court Said It Couldn’t

DailyCaller: Environmental Protection Agency (EPA) officials are moving ahead with a key part of the Clean Power Plan (CPP) despite the Supreme Court issuing a stay against the agency’s global warming plan in February.

The EPA submitted a proposal to the White House for green energy subsidies for states that meet the federally mandated carbon dioxide reduction goals early. The Clean Energy Incentive Program would give “credit for power generated by new wind and solar projects in 2020 and 2021” and a “double credit for energy efficiency measures in low-income communities,” according to Politico’s Morning Energy.

Te move seems to violate the Supreme Court’s stay against CPP preventing the EPA from implementing its plan to cut carbon dioxide emissions from U.S. power plants. EPA, however, argues it’s doing this for states that want to voluntarily cut emissions — despite this being part of CPP.

“Many states and tribes have indicated that they plan to move forward voluntarily to work to cut carbon pollution from power plants and have asked the agency to continue providing support and developing tools that may support those efforts, including the CEIP,” reads a statement provided to Politico from EPA.

EPA Administrator Gina McCarthy is set to talk more about the plan Wednesday afternoon and will no doubt defend it from critics who will say the agency is violating a Supreme Court order.

“Sending this proposal to OMB for review is a routine step and it is consistent with the Supreme Court stay of the Clean Power Plan,” the EPA said.

EPA has been moving forward with aspects of the CPP despite the Supreme Court’s decision. After the court’s February decision, EPA began signalling it would continue to work with states that want to “voluntarily” move forward.

“Are we going to respect the decision of the Supreme Court? You bet, of course we are,” McCarthy told utility executives in February. “But it doesn’t mean it’s the only thing we’re working on and it doesn’t mean we won’t continue to support any state that voluntarily wants to move forward.”

Likewise, the head of EPA’s air and radiation office, Janet McCabe, has also suggested the rule will eventually be upheld.

“EPA utility rules have been stayed twice before, and ultimately upheld,” McCabe said while participating in a panel discussion in Bloomington, Ind., last week. “It’s only smart for states to keep working on this.”

“We stand ready at EPA to help any state that wants to move forward with their planning activities,” McCabe said, noting that some states pledged to cut CO2 after the Supreme Court stayed CPP.

McCabe was referring to an agreement signed by 17 states in the aftermath of the Supreme Court decision pledging to push forward fighting global warming. The agreement, signed mostly by Democratic governors, promotes cooperation between states in promoting green energy, not explicitly mentioning global warming.

McCabe neglected to mention the 30 states and state agencies suing EPA to get CPP struck down. That coalition of states was also joined by dozens of business groups, the coal industry and labor unions fighting to keep coal-fired power plants from being forced to close.

“EPA has crossed a line by assigning itself vast regulatory authority that surpasses anything ever contemplated by Congress,” Jeffrey Connor, interim CEO of the National Rural Electric Cooperative Association (NRECA), said in a statement. NRECA opposes CPP.

“The fact is that EPA didn’t produce a rule simply to reduce emissions — it crafted a radical plan to restructure the U.S. power sector,” Connor said.

*****

From the White House:

The Clean Power Plan

The Clean Power Plan sets achievable standards to reduce carbon dioxide emissions by 32 percent from 2005 levels by 2030. By setting these goals and enabling states to create tailored plans to meet them, the Plan will:

Protect the health of American families. In 2030, it will:

  • Prevent up to 3,600 premature deaths

  • Prevent 1,700 non-fatal heart attacks

  • Prevent 90,000 asthma attacks in children

  • Prevent 300,000 missed workdays and schooldays

Boost our economy by:

  • Leading to 30 percent more renewable energy generation
    in 2030

  • Creating tens of thousands of jobs

  • Continuing to lower the costs of renewable energy

Save the average American family:

  • Nearly $85 a year on their energy bills in 2030

  • Save enough energy to power 30 million homes
    in 2030

  • Save consumers $155 billion from 2020-2030

 

 

General Dunford: No Fair Fight

Secretary Carter’s Opening Remarks

No Fair Fights for U.S. Troops, Chairman Says

DefenseDept: WASHINGTON, April 27, 2016 — The chairman of the Joint Chiefs of Staff repeated to the Senate Appropriations defense subcommittee what has become a mantra to him: he doesn’t believe the United States should ever send American service members into a fair fight.

“Rather, we have to maintain a joint force that has the capability and credibility to assure our allies and partners, deter aggression and overmatch any potential adversary,” Marine Corps Gen. Joe Dunford, who was joined by Defense Secretary Ash Carter, told the committee members.

Carter and Dunford provided testimony on Defense Department’s fiscal year 2017 budget request.

Improving current capabilities, restoring full-spectrum readiness and developing leaders for the future are key to maintaining the greatest advantage the U.S. military has over any rival — its people, the chairman said.

No Shortage of Challengers

The United States has no shortage of challengers from state adversaries to non-traditional foes. The five challenges the Defense Department’s fiscal year 2017 budget request focuses on are Russia, China, Iran, North Korea and violent extremism.

Russia, China, North Korea and Iran continue to invest in military capabilities that look for the soft spot in American defenses, Dunford said. “They are also advancing their interests through competition with a military dimension that falls short of traditional armed conflict and the threshold for a traditional military response,” he said.

The actions of Russia in Ukraine, China in the South China Sea and Iran throughout the Middle East are examples of the challenges the DoD must address, he said.

But the Islamic State of Iraq and the Levant and al-Qaida still pose dangers to the homeland, the American people and friends, allies and partners, the general said. “Given the opportunity, such extremist groups would fundamentally change our way of life,” he said.

Nuclear Capabilities

Added to these challenges is the priority to modernize the nuclear capabilities of the United States, Dunford said.

The nuclear triad underpins deterrence in the world, but new domains also must be considered, the chairman said. Space and cyberspace are now realms of combat, and the nation must develop and maintain credible capabilities in these realms as well, he said.

Underlying all these threats is the reality of the fiscal environment, Dunford added.

“Despite partial relief from Congress on sequester-level funding, the department has absorbed $800 billion in cuts and faces an additional $100 billion of sequestration-induced risk through fiscal 2021,” he said. “Absorbing significant cuts over the past five years has resulted in our under-investing in critical capabilities. Unless we reverse sequestration, we will be unable to execute the current defense strategy.”

Right Trajectory

Overall, he told the senators, DoD’s FY 17 budget request “puts us on the right trajectory, but it will require your support to ensure the joint force has the depth, flexibility, readiness and responsiveness that ensures our men and women will never face a fair fight.”

But, the chairman warned, a bow wave of requirements lie ahead, including those tied to the Ohio-class submarine replacement program, continued cyber and space investment programs and the B-21 long-range bomber program

 

Trump: America First, Foreign Policy Presentation

Good for Donald Trump, America should be first when it comes to policy and diplomacy. Applause to the Donald for that standard. Well said.

Tell us again how to pronounce Tanzania or San Bernardino.

What was not said however is disturbing for those who have a keen interest in foreign policy. Of particular note, the Ambassador of Russia was sitting on the front row. Perhaps this is but one reason, Trump never mentioned Russia or Vladimir Putin.

Remember it was only recently that Russia has been more than provocative in reckless actions against a U.S. destroyer and U.S. military aircraft. This is a violation of the IncSea Treaty. This is not the first time either, noting Russian bombers off the West Coast and the same with our European allies. What about the Baltic States, Crimea or Ukraine? Anything?

What about the constant war in the cyber realm? Trump did mention artificial intelligence, does he know what that is? What about electronic or economic warfare?

al Qaeda, Boko Harem, Haqqani, Jabhat al-Nusra, Houthis? Nah….the plight of Jews and Christians, Yazidis, Peshmerga? Standing with France on their recent attacks? Nothing about China’s aggression with the new islands and fighter jets there?

Well said Donald on the destruction of Islamic State, high marks for that. Additional high marks for the IRGC and kidnapping our sailors.

Trump made a mere simple reference to Iran and their nuclear program, stating they will never have a nuclear weapon and the Joint Plan of Action was a bad deal. How come no reference to Iran being a violator of conventions, a rogue state sponsor of terror? Nothing about the Iranian Revolutionary Guard Corp or Hezbollah or IED’s made by Iran that killed and maimed our soldiers? What about Iran’s collusion with North Korea? Anything on that? No…

Does Trump approve of John Kerry’s work as the current Secretary of State? Humm, perhaps as Trump never mentioned Kerry.

Syria unleashed Islamic State? Really? Trump blames China for North Korea. Does Donald think that China is fully, exclusively responsible and accountable for Kim Jung Un?

Why no mention of foreign aid? There is likely a bailout coming for Puerto Rico. Does Trump have a clue on that? When it comes to NATO, Trump backed off and merely mentioned that only four member countries pay the 2% of GDP. Never a mention that countries do pay the United States for bases and protection like Philippines and Japan. Did Trump slight Israel by not stating nurturing and restoring the relationship or is he still in a neutral position when it comes to the Palestinians? Hamas? Anything on human rights violations? What about the corruption of the United Nations?

When referencing Cuba, Trump correctly stated that Obama was slighted at the airport with no Cuban official being on the formal reception. Is Trump cool with normalizing relations with Cuba considering the treatment of dissidents or U.S. criminals that have receive safe haven on the island or the debt Cuba owes to U.S. domestic corporations for nationalizing them? What about Guantanamo as a whole?

Forgotten is a war we are currently fighting against the Taliban in Afghanistan…not a word at all by Trump.

Trump did layout his policy on foreign matters stating diplomacy, caution and restraint. That is always the standard. Did Trump mention he was going to revisit or retool those approaches? No….

Most disturbing, included in Trump’s foreign policy speech was the feeble condition of our own nuclear program and the military as a whole. Why explain any weakness at all where adversaries are listening with a keen ear? The U.S. military is still today the most advanced power on the globe while new technologies and weapons systems are in the future pipelines. Hey Donald, how about making a positive declaration about the military condition and the work of the Pentagon and the military collaboration with allies that does demonstrate strength?

Well, here is the text of his speech for your reference.

For additional reference, those included on Trump’s foreign policy team are:

Zalmay Khalilzad, the former Ambassador to Iraq and Afghanistan. He is under investigation. Trump only met Khalilzad earlier in the day. Further, the Ambassador stated that if Hillary had asked him to be part of her team, he would gladly do so.

Walid Phares, a Lebanese Christian and commentator on Middle East Affairs.

George Papadopoulos, energy consultant

Carter Page, energy consultant and lobbyist for Gazprom, a Russian energy company

Joe Schmitz, fired as former Inspector General, Department of Defense, formerly of Blackwater and his sister is Mary Kay Letourneau gained infamy after having a sexual relationship with her 12-year-old student, to whom she is now married.

LTG Keith Kellogg (ret), Chief Operating Officer of the Coalition Provisional Authority in Baghdad, Iraq

 

 

 

 

Heinz and John Kerry Deep Tax Havens in Panama Papers

 

EXCLUSIVE: Kerry, Heinz Family Have Millions Invested In Offshore Tax Havens

Pollock/DailyCaller: Secretary of State John Kerry and his wife Teresa Heinz have invested millions of U.S. dollars through family trusts in at least 11 offshore tax havens, according to The Daily Caller News Foundation’s Investigative Group.

The revelation comes on the heels of the release of the Panama Papers, a treasure trove of 11.5 million legal and financial records documenting how some of the world’s richest and most powerful people have used offshore bank accounts to conceal their wealth and avoid taxes.

Since the release of the papers, no American politician has been identified as using the secretive offshore accounts.

But a DCNF investigation has confirmed that the former Massachusetts Democratic senator and his billionaire wife, using an elaborate set of Heinz family trusts, have invested “more than $1 million” each into 11 separate offshore accounts — mainly hedge funds in the Cayman Islands.

Source: The Daily Caller News Foundation

The investments were made during both Kerry’s tenure in the Senate and in his present position as the nation’s chief diplomat.

The trusts funneled millions of dollars over the years into various offshore investment vehicles through a Heinz trust called the “Heinz Family Commingled Alternative Investment Fund.”

Two other trusts appear to have been set up by the Heinz family since Kerry was appointed by President Barack Obama in 2013 to succeed Hillary Clinton as secretary of state. One is called “HFI Intermediate Fund II” and other the “HFI Dividend Investments.” HFI stands for the Heinz Family Investments.

Another Heinz trust, called “HP Imperial,” invests in companies throughout Asia, including state-run companies within the People’s Republic of China. It is an interesting decision by the Heinz family, given Kerry’s present duties.

When Kerry joined the Obama administration in February 2013, he was considered the second wealthiest member of the Senate, with personal assets totaling nearly $200 million.

Teresa Heinz inherited hundreds of millions of dollars when her former husband, Republican Sen. John Heinz of Pennsylvania, died in 1991 in an airplane crash. Forbes estimates Heinz’s net worth today is $1 billion.

Even after his ascension as secretary of state, the Heinz family continues to make sizable investments in tax havens, a fact that doesn’t sit well with some who would normally be supportive of Kerry.

“Well I say it doesn’t look good by any means,” said Susan Harley, deputy director of Congress Watch, a progressive lobby organization founded by Ralph Nader.

“There’s always a question of whether it’s tax avoidance or tax evasion,” she told TheDCNF.  “We would expect our government servants to uphold the law. Those folks need to be held to the same standards as everyone else.”

Obama recently lashed out at U.S. citizens who use tax havens.

On April 5, a few days after the Panama Papers were released, the president said the rich “have enough lawyers and enough accountants to wiggle out of responsibilities that ordinary citizens are having to abide by.” He said they were “gaming the system.”

Harley said the president might not be pleased with some of his cabinet members investing in tax havens: “Given what the president has said, it doesn’t sound like he would be in favor of that kind of behavior as far as people in his cabinet.”

For its part, State Department Spokesman Adm. John Kirby told TheDCNF Kerry is not a beneficiary of the investments and does not own them.

“Secretary Kerry has no offshore investments. He is not, nor has he ever been a beneficiary of Heinz Family and Marital Trusts and he has no decision-making power over them since they are entirely controlled by independent trustees,” said Kirby.

Heinz is a beneficiary, Kirby said, but he emphasized that the investments “are entirely controlled by independent trustees.” He declined to say who controls the trust and makes investment decisions.

The Kerry/Heinz family investments are so vast that Kerry’s federal financial disclosure form runs 169 pages in length, with about 10 investments per page.

Although Democrats are united in condemning offshore accounts, many Democrats, including Obama, have actually benefited from them.

The Fortress Fund, founded by James Dinan, is a tax shelter that is close to Democrats. The Heinz family invested “more than $1 million” in Fortress V when Kerry was a senator, according to his 2015 financial disclosure form.

Fortress is incorporated in the Cayman Islands, according to the company’s filing with the Securities and Exchange Commission.

In 2006, Fortress first came to public attention when it was disclosed that the hedge fund paid Democratic presidential candidate John Edwards $480,000 for a “part time job.” Edwards had invested $16 million into Fortress.

The New York Times described the Fortress Fund in 2007, saying it was comprised of “thinly regulated pools of often risky investments,” and linked it to the subprime mortgage meltdown of 2008.

Dinan also was a top Obama bundler who raised between $50,000 to $100,000 in 2008, according to OpenSecrets, a nonprofit campaign finance research group.

And Penta Asia Fund, based in the British Virgin Islands, was founded by former George Soros fund manager John Zwaanstra.

According to records from Kerry’s Senate filing and his federal disclosure filing, he and his family appear to have cut back on their  offshore investments after he joined the Department of State, but did not eliminate them. In some instances, they actually invested more in various offshore funds.

The Kerry family trust offshore investments are in:

Abry Partners – The company finalized $42 billion in “leveraged transactions” according to its website. Incorporation: Cayman Islands. Kerry family investment was worth “more than $1 million” while he was in the Senate, but was reduced in 2014 to between $250K to $500K.

Cevian Capital – Is an active ownership investment firm that seeks ownership in undervalued public companies. Incorporated: George Town, Grand Cayman. This is the only offshore investment organized by the new Kerry family “HFI Diversified Investment Fund.” While secretary of state, Kerry and family invested “more than $1 million” in the fund. It pays annual dividends, interest and capital gains of $100,000 to $1 million.

DLJ Merchant Partners III — is a Delaware registered company, but as of 2013, it was managed by APriori Capital Partners, a Cayman Island registered firm. Kerry only had $100K in DLJ in 2014, but the family still receives dividends, rentals and royalties, interest and capital gains. Annual income is $50,000.

Dover Street VII – Seeks to buy investments in venture capital or buyouts in the U.S. and U.K. Incorporated: Cayman Islands.  The family trust invested more than $1 million while Kerry was in the Senate. As secretary of state, the family expanded investments into four more funds. They get annual dividends, interest, rents royalties, and capital gains totaling $120,000 to $185,000.

Fortress V Fund – Specializes in buyouts and recapitalizations, according to Bloomberg. Incorporation: Cayman Islands. The trust investment: more than $1 million. After Kerry became secretary of state, the family reduced investment to $500,000 for Fortress V but added a new investment in “Fortress V Co-investment Fund” for $250,000. The family receive dividends, rents and royalties, interest and capital gains.

Owl Creek II – A hedge fund. Incorporation: Cayman Islands. Kerry family investment: More than $1 million in Senate filing; reduced to $100,000 from $1 million in 2014.  The family receives dividends, rent and royalties, and capital gains up to $100,000 per year.

Penta Asia Fund – An Asia-focused hedge fund founded by Soros Fund manager John Zwaanstra. Registration: British Virgin Islands. The trusts investment began while Kerry was in the Senate with an investment of more than $1 million.  It was liquidated in 2014.

Patron Capital Group III – The fund makes “opportunistic and value-oriented investments,” including “liquidity constrained property assets” predominantly in Western Europe. Registered in Guernsey and based in Gibraltar. While Kerry was in the Senate, the family invested more than $1 million, but that was reduced to $250,000 in 2014. They receive dividends, interest, and capital gains, now only $5,000 per year

Tiger Growth Equities – This fund primarily focuses investment in China, Southeast Asia, Latin America and Eastern Europe. Incorporation: Cayman Islands. More than $1 million in Kerry’s Senate filing. Kerry and family have continued their investment during his secretary of state years. They receive annual dividends, interest and capital gains estimated from $100,000 to $1 million.

Valinor Capital Partners –  Is a “pooled investment hedge fund.” Incorporated: Cayman Islands. Kerry and family invested more than $1 million, receiving annual income from dividends, interest and capital gains of $100,000 to $1 million.

York European Opportunities fund – a hedge fund, that invests in “restructures, spinoffs, split-ups and proxy contests.” Incorporation: Cayman Islands. Kerry Family Investment: $1 million during the Senate term. Dividends: $100,000 to $1 million annually. Subsidiary York Capital Management’s number one investment is in the HJ Heinz Company.

“HP Imperial,” another Heinz trust invests in Malaysia, Hong Kong, Thailand and South Korea. Its biggest investments are in communist China, including the Alibaba Group; Boer Holdings, a Chinese electrical distribution company in Wuxi, Yixing and Shanghai; Hubao International Holdings, a tobacco company; Labixiaoxin Snacks Group, a Chinese snack food provider; Sands China, with six casinos in Macau; and Tibet 5100 Water Holdings, a Chinese-owned company trying to sell Tibetan premium water like Evian.

 

 

 

 

 

Need to Know Facts on EB-5 Visa Program

In 1999, yes under President Bill Clinton and selling out sovereignty under a globalist agenda:

   

FAS: The immigrant investor visa was created in 1990 to benefit the U.S. economy through employment creation and an influx of foreign capital into the United States. The visa is also referred to as the EB-5 visa because it is the fifth employment preference immigrant visa category. The EB-5 visa provides lawful permanent residence (i.e., LPR status) to foreign nationals who invest a specified amount of capital in a new commercial enterprise in the United States and create at least 10 jobs. The foreign nationals must invest $1,000,000, or $500,000 if they invest in a rural area or an area with high unemployment (referred to as targeted employment areas or TEAs).

There are approximately 10,000 visas available annually for foreign national investors and their family members (7.1% of the worldwide employment-based visas are allotted to immigrant investors and their derivatives). In FY2015, there were 9,764 EB-5 visas used, with 93% going to investors from Asia. More specifically, 84% were granted to investors from China and 3% were granted to those from Vietnam.

In general, an individual receiving an EB-5 visa is granted conditional residence status. After approximately two years the foreign national must apply to remove the conditionality (i.e., convert to full-LPR status). If the foreign national has met the visa requirements (i.e., invested and sustained the required money and created the required jobs), the foreign national receives full LPR status. If the foreign national investor has not met the requirements or does not apply to have the conditional status removed, his or her conditional LPR status is terminated, and, generally, the foreign national is required to leave the United States, or will be placed in removal proceedings.

In 1992, Congress established the Regional Center (Pilot) Program, which created an additional pathway to LPR status through the EB-5 visa category. Regional centers are “any economic unit, public or private, which [are] involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment.” The program allows foreign national investors to pool their investment in a regional center to fund a broad range of projects within a specific geographic area. The investment requirement for regional center investors is the same as for standard EB-5 investors. As the use of EB-5 visas has grown, so has the use of the Regional Center Program. In FY2014, 97% of all EB-5 visas were issued based on investments in regional centers. Unlike the standard EB-5 visa category, which does not expire, the Regional Center Program is set to expire on September 30, 2016.

Different policy issues surrounding the EB-5 visa have been debated. Proponents of the EB-5 visa contend that providing visas to foreign investors benefits the U.S. economy, in light of the potential economic growth and job creation it can create. Others argue that the EB-5 visa allows wealthy individuals to buy their way into the United States.

In addition, some EB-5 stakeholders have voiced concerns over the delays in processing EB-5 applications and possible effects on investors and time sensitive projects. Furthermore, some have questioned whether U.S. Citizen and Immigration Services (USCIS) has the expertise to administer the EB-5 program, given its embedded business components. The Department of Homeland Security’s Office of the Inspector General (DHS OIG) has recommended that USCIS work with other federal agencies that do have such expertise, while USCIS has reported that it has taken steps internally to address this issue. USCIS has also struggled to measure the efficacy of the EB-5 category (e.g., its economic impact). USCIS methodology for reporting investments and jobs created has been called into question by both the DHS OIG and the U.S. Government Accountability Office (GAO).

 

Furthermore, some have highlighted possible fraud and threats to national security that the visa category presents. In comparison to other immigrant visas, the EB-5 visa faces additional risks of fraud that stem from its investment components. Such risks are associated with the difficulty in verifying that investors’ funds are obtained lawfully and the visa’s potential for large monetary gains, which could motivate individuals to take advantage of investors and can make the visa susceptible to the appearance of favoritism. USCIS has reported improvements in its fraud detection but also feels certain statutory limitations have restricted what it can do. Additionally, GAO believes that improved data collection by USCIS could assist in detecting fraud and keeping visa holders and regional centers accountable.

Lastly, the authority of states to designate TEAs has raised concerns. Some have pointed to the inconsistency in TEA designation practices across states and how it could allow for possible gerrymandering (i.e., all development occurs in an area that by itself would not be considered a TEA). Others contend that the current regulations allow states to determine what area fits their economic needs and allow for the accommodation of commuting patterns.

In addition to the issues discussed above, Congress may consider whether the Regional Center Program should be allowed to expire, be reauthorized, or made permanent, given its expiration on September 30, 2016. In addition, Congress may consider whether any modifications should be made to the EB-5 visa category or the Regional Center Program. Legislation has been introduced in the 114th Congress that would, among other provisions, amend the program to try to address concerns about fraud, and change the manner in which TEAs are determined. Other bills would create an EB-5-like visa category for foreign national entrepreneurs who do not have their own capital but have received capital from qualified sources, such as venture capitalists. Read more here.