Soros and Farhana Khera the Islamic Homeland Security Threat

Soros Money, Muslim Advocates Leader, Helped Weaken Homeland Security Policies
An IPT Investigation

by John Rossomando, IPT

A Muslim legal group, girded with $1.8 million in grant money from George Soros’s Open Society Foundations (OSF), has helped influence major policy changes in the war on terror, including the Department of Homeland Security’s screening of individuals with suspected terror ties and the FBI’s training program for its agents working in counterterrorism.

Internal records, made public by the hacking group DC Leaks, show OSF spent $40 million between 2008 and 2010 on programs aimed at weakening U.S. counterterrorism policy.

Muslim Advocates’ Executive Director Farhana Khera played a key role in shaping the foundations’ spending. Khera co-authored a 2007 memo that “informed” the foundations’ U.S. Programs Board’s decision to create the National Security and Human Rights Campaign (NSHRC), a Sept. 14, 2010 OSF document discussing the program’s reauthorization, shows.

The NSHRC’s goals included:

  • Closing Guantanamo Bay, eliminating torture and methods such as the extraordinary rendition of prisoners, and ending the use of secret prisons;
  • Ending warrantless and “unchecked” surveillance;
  • Ensuring that anti-terrorism laws and law enforcement activities do not target freedom of speech, association or religious expression;
  • Reducing ethnic and religious profiling of people of Muslim, Arab or South Asian extraction;
  • Decreasing secrecy and increasing oversight of executive actions, and expose U.S. government or private individuals who abuse or violate the law.

Some of these policies, such as closing Guantanamo and ending enhanced interrogation techniques, already were also advocated by Obama administration. OSF claimed its work laid the groundwork for implementing those policies. The Edward Snowden leaks cast light on the depth of the government’s warrantless surveillance activity. The other goals are more difficult to assess.

Muslim Advocates was founded in 2005 as an offshoot of the National Association of Muslim Lawyers. It often criticizes U.S. counterterrorism strategies that use sting operations and informants as discriminatory.

Papers released by the anonymous hacker group DC Leaks show that OSF budgeted $21 million for the NSHRC from 2008-2010. OSF spent an additional $1.5 million in 2010. The NSHRC also received a matching $20 million contribution from Atlantic Philanthropies, a private foundation established in 1982 by Irish-American Chuck Feeney billionaire businessman.

OSF made 105 grants totaling $20,052, 784 to 63 organizations under the NSHRC program. An Investigative Project on Terrorism tally shows Muslim Advocates received at least $1.84 million in OSF grants between 2008 and 2015.

A funders’ roundtable created by OSF in 2008 helped coordinate the grant making among several left-leaning foundations, ” in order to “dismantle the flawed ‘war on terror’ paradigm on which national security policy is now based.” At least “two dozen” foundations participated in the roundtable’s strategy sessions as of the end of 2008.

Zuhdi Jasser, president of the American Islamic Forum for Democracy, called the Soros foundations’ $40 million program both hypocritical and ironic. He noted that the 2011 OSF-funded Center for American Progress report “Fear, Inc.” complained that seven conservative foundations donated $42.6 million to so-called “Islamophobia think tanks between 2001 and 2009.” The Council on American Islamic Relations (CAIR) and other major Islamist groups routinely use the $42.6 million funding number to portray their opponents as being pawns of dark forces.

“It’s amazing that one foundation donated an amount that CAIR and [Muslim] Advocates say is the huge sum of money that funds the entire anti-jihad campaign,” Jasser said. “… That wasn’t from one foundation. That was an addition of [the money given to] everybody that they threw under the bus.”

By contrast, OSF and Atlantic Philanthropies spent $41.5 million in just three years. OSF dedicated another $26 million to the NSHRC program from 2011-2014.

OSF additionally funded a study by the New America Foundation equating the terror threat posed right-wing extremists with al-Qaida. An Oct. 17, 2011 memo discussing NSHRC grants notes that New America received $250,000, partly to write two reports. The first aimed at creating a “‘safe space’ in which Muslims in America feel free to hold controversial political dialogues, organize without fear of unwarranted government surveillance.” The second aimed to “correct mistaken public beliefs that Al-Qaeda’s brand of terrorism is unique to Islam and that most terrorists are Muslim.”

The paper promised “to show how adherents of each extremist ideology use different language to justify very similar political means and goals. By demonstrating parallels among militant groups, this paper will aim to separate politically focused terrorism from the religion of Islam.”

Arguments from this report continue to help frame how Democrats and their allies talk about the jihadist threat. New America’s statistics and arguments recently came up in a House hearing about the threat from homegrown Islamic terrorists.

“According to the New America Foundation, there have been more incidents of right-wing extremist attacks in the United States than violent jihadist attacks since 9/11. I’m not minimizing jihadist attacks. In that light, can you explain what your office plans to do with respect to domestic right-wing extremism?” Rep. Bill Pascrell, D-N.J., asked Department of Homeland Security Office of Community Partnerships Director George Selim during a House subcommittee hearing last month.

New America’s effort to conflate right-wing extremists with al-Qaida glossed over a major difference – namely al-Qaida’s reliance on mass casualty attacks and suicide bombings.

New America’s latest data shows that jihadists have killed more people since 9/11 than right-wing extremists.

“What you’ve uncovered is the fact … that the Soros foundation works to obfuscate on national security,” Jasser said. “Muslim Advocates clearly is a prime example of the sickness in Washington related to dealing with the central reforms necessary to make within the House of Islam.

“You’ll see that the Soros foundation is spending money on organizations that deny the very principles they are defenders of, which are feminism, gay rights, individual rights. Muslim Advocates’ entire bandwidth is spent on attacking the government and blocking any efforts at counterterrorism.”

Muslim Advocates also opposes discussion on reform within the Muslim community and supports those who have theocratic tendencies, Jasser said.

“You have evidence here that the Soros foundation is part and parcel of the reason for the suffocation of moderation voices – reformist voices – in Islam,” Jasser said. “Muslim Advocates really ought to change their name to Islamist Advocates, and what the Soros foundation really is doing is just advocating for Islamists.”

OSF also contributed $150,000 in 2011 and $185,000 in 2012 to a donor advised fund run by Rockefeller Philanthropy Advisors. It used this money to pay Hattaway Communications, a consulting firm run by former Hillary Clinton adviser Doug Hattaway, to develop a messaging strategy for Muslim Advocates and similar organizations. Hattaway’s message strategy painted Muslims as victims of American national security policies.

Khera used Hattaway’s strategy to paint the New York Police Department’s mosque surveillance strategy as “discriminatory.”

Farhana Khera

“Their only ‘crime’ is that they are Muslim in America,” Khera wrote in a June 6, 2012 op-ed posted on CNN.com.

OSF funded groups, including Muslim Advocates, the ACLU, and the Center for Constitutional Rights, filed lawsuits challenging the NYPD’s surveillance program as unconstitutional. Police Commissioner William Bratton ended the policy in 2014.

The NYPD monitored almost all aspects of Muslim life ranging from mosques and student associations, to halal butcher shops and restaurants to private citizens.  A federal district court dismissed the suit, but the Third Circuit Court of Appeals revived it in October 2015. New York settled the lawsuit in January, placing the NYPD under supervision of an independent observer appointed by City Hall.

Downplaying Radicalization and the Jihadist Threat

OSF accused conservative opponents of “borrowing liberally from Joe McCarthy’s guilt by association tactics.” It complained in a Sept. 14, 2010 memo to its U.S. Programs Board that the “homegrown terrorism narrative” resulted in “discriminatory” targeting of Muslims by the Department of Homeland Security (DHS) and the FBI.

Khera often expresses similar sentiments. She accused the FBI of engaging in “entrapment operations” to target “innocent” Muslims after former Attorney General Eric Holder called sting operations an “essential law enforcement tool in uncovering and preventing terror attacks.”

Khera likewise characterized law enforcement training materials discussing the Islamic extremist ideology as “bigoted, false, and inflammatory” in her June 28 testimony before a Senate Judiciary  Committee’s Subcommittee on Oversight, Agency Action, Federal Rights, Federal Courts.

She and her organization played a central role in late 2011 when Muslim groups called on the Obama administration to purge FBI training materials that they deemed offensive. FBI counterterrorism training materials about Islam contained “woefully misinformed statements about Islam and bigoted stereotypes about Muslims,” she complained in a Sept. 15, 2011 letter. She objected to describing zakat – the almsgiving tax mandate on all Muslims – as a “funding mechanism for combat.”

Yet numerous Muslim commentators describe zakat as a funding mechanism for jihad. A footnote for Surah 9:60 found in “The Meaning of the Holy Qur’an,” says that zakat can be used to help “those who are struggling and striving in Allah’s Cause by teaching or fighting or in duties assigned to them by the righteous Imam, who are thus unable to earn their ordinary living.”

The Assembly of Muslim Jurists in America issued a 2011 fatwa saying zakat could be used to “support legitimate Jihad activities.”

Following Khera’s letter, then-White House counterterrorism advisor John Brennan announced a review of “CVE-related instruction across all levels of government.” This review resulted in a purge of 700 pages of material from 300 presentations. This included PowerPoints and articles describing jihad as “holy war” and portraying the Muslim Brotherhood as group bent on world domination.

The Muslim Brotherhood’s bylaws describe these ultimate ambitions and imply the need for violence: “The Islamic nation must be fully prepared to fight the tyrants and the enemies of Allah as a prelude to establishing an Islamic state.”

Khera’s influence with the Obama administration

Khera enjoys close connections with the Obama White House. Visitor logs show that Khera went to the White House at least 11 times.

Khera played a central role persuading the Obama administration to purge Department of Homeland Security records related to individuals and groups with terror ties, former Customs and Border Patrol (CPB) Agent Phil Haney told the Investigative Project on Terrorism.

His superiors ordered him to “modify” 820 CPB TECS records about the Muslim Brotherhood network in America, Haney said. Irrefutable evidence from the 2008 Holy Land Foundation (HLF) Hamas financing trial proved that many of these groups and individuals assisted Hamas, Haney said.

The HLF trial substantiated deep connections between American Islamist groups such as the Islamic Society of North America, the Council on American Islamic Relations (CAIR) and a Hamas-support network created by the Muslim Brotherhood in the United States.

A 2009 OSF funding document claims credit for helping persuade then-Secretary of Homeland Security Janet Napolitano to order a review of border screening procedures. It also reveals that Muslim Advocates worked with “DHS staff to develop a revised border policy.”

The Muslim Advocates’ report recommended the “review and reform of … [Customs and Border Patrol policies and practices that target Muslim, Arab and South Asian Americans for their First Amendment protected activities, beliefs and associations; and … law enforcement and intelligence activities that impose disparate impacts on Muslim, Arab and South Asian communities.” It also asked DHS to prevent CPB agents from probing about political beliefs, religious practices, and contributions to “lawful” charitable organizations.

Muslim Advocates claimed a pivotal role in getting the Transportation Security Administration (TSA) to reverse a new 2010 policy enhancing the screening on travelers from 14 countries, many of them predominately Muslim. The rule was proposed in the wake of the attempt by underwear bomber Umar Farouk Abdulmutallab to blow up a Detroit-bound plane weeks earlier.

Muslim Advocates and several OSF grantees met with Napolitano and other top DHS officials, and the policy was canceled three months later. Muslim Advocates claimed that the Obama administration “made special mention” of its role in reversing the TSA policy.

“This broke into the open with the great purge of 2011 and 2012,” Haney said, recalling Brennan’s letter to Khera announcing that materials she complained about would be removed.

The purge accompanied a practice of meeting with Islamist groups as community partners, Haney said.

In addition to the purge of training material, documents related to people and groups with terrorism ties such as Canadian Muslim Brotherhood leader Jamal Badawi and the Pakistan-based Tablighi Jamaat movement also disappeared from CPB records. (Tablighi Jamaat often serves as a de facto recruiting conduit for groups such as al-Qaida and the Taliban.)

Investigators might have had a better chance of thwarting the San Bernardino and the June Orlando shootings had those Tablighi Jamaat records remained available, Haney said, because the shooters’ respective mosques appeared in the deleted 2012 Tablighi Jamaat case report.

The Obama administration’s “absolute refusal to acknowledge that individuals who are affiliated with networks operating here in the United States, and their deliberate deletion of any evidentiary pieces of information in the system, has made us blind and handcuffed,” Haney said. “The proof of it is San Bernardino and Orlando.

“They obliterated the entire [Tablighi Jamaat] case as if it never existed.”

Haney’s claims have met with some skepticism. Haney stands by his claims and says critics “made a lot of factual errors.”

Still, Muslim Advocates’ success reversing the TSA policy was among the accomplishments showing that it “has proved itself to be an effective advocate on the national stage,” an April 25, 2011 OSF document said. It recommended renewing a $440,000 grant to “support the core operating costs of Muslim Advocates.”

In doing so, the Soros-funded OSF weakened U.S. national security and potentially left it vulnerable to the jihadi attacks we have been seeing in the homeland since the 2013 Boston Marathon bombing.

Have you Met Capricia Penavic Marshall? You Should….

Capricia P. Marshall past relationships:

DailyCaller: A hacker believed to be operating on behalf of the Russian government has released thousands of emails taken from the personal account of Capricia Penavic Marshall, a key Clinton world figure who worked under Hillary Clinton at the State Department.

The emails, which were released on the anonymously-operated site DC Leaks, are broken down into eight categories: “Atlantic Council,” “Clinton Foundation,” “Conversations with Clinton’s team,” “favor,” “fundraising,” and several others.

The Daily Caller’s investigative team is scouring through the records.

Marshall’s central importance to the Clintons’ political operations was realized earlier this year by Citizens United. The conservative watchdog group filed a federal lawsuit for Marshall’s State Department emails.

So what? Read on….

Pick for Protocol Post Corrects Failure to File Taxes in 2 Years

NYT’s: President Obama’s choice as chief of protocol for the State Department, a position that carries the status of an ambassadorship, did not file tax returns for 2005 and 2006, errors she corrected last November.

The nominee, Capricia Penavic Marshall, has placed blame for the problem on the Postal Service and on miscommunication between her husband and their accountant.

Ms. Marshall, who was the social secretary in the Clinton White House, notified the Obama administration about the late filings before she was nominated on May 14. She has since provided written answers to questions about the matter from Senator Richard G. Lugar of Indiana, the top Republican on the Foreign Relations Committee, which will hold a hearing on the appointment next Wednesday. The post requires Senate confirmation.

Tax issues have bedeviled several high-level Obama appointees and cost the administration at least two of its picks.

Ms. Marshall may fare better because, after ultimately filing the 2005 and 2006 federal and local paperwork, she was entitled to $37,259 in refunds, according to data she provided to Mr. Lugar.

The nominee and her husband, Dr. Robert Marshall, a Washington cardiologist, did not return calls seeking comment, nor did a White House spokesman.

Besides the president’s support, Ms. Marshall appears to enjoy the strong endorsement of Secretary of State Hillary Rodham Clinton and former President Bill Clinton, having worked on their campaigns.

An aide to Mrs. Clinton, Philippe Reines, said, “In the end, only two American taxpayers were adversely impacted by this inadvertent lapse.”

The couple learned something was awry, Ms. Marshall has said, when the Internal Revenue Service notified them last fall that their 2006 return had never arrived. She wrote that an agent “advised us that there were a large number of tax returns misplaced by the D.C. post office for the 2006 tax year.”

That call led the couple to the discovery that the authorities had no record of their returns for 2005 and 2006. No late fees or penalties were assessed when they later submitted the returns.

The protocol chief customarily helps plan events for visiting leaders and helps oversee protocol matters for the president and vice president abroad.

The last few items:

In 2000, as the Clinton Administration wound down, Marshall worked on Hillary Rodham Clinton’s successful New York Senate campaign, although in its aftermath her name figured in charges of campaign finance violations brought before the Federal Election Commission. In 2005, those charges resulted in a criminal trial for Clinton supporter David Rosen, at which Marshall testified. Rosen was acquitted.
In 2001, Marshall began working as a consultant to a number of nonprofit and private sector organizations, including two left-leaning media projects. In 2004, Marshall organized a Washington, DC, screening of director Michael Moore’s documentary Fahrenheit 9/11, and in 2005 she consulted on the short-lived ABC drama series “Commander in Chief,” which starred Geena Davis as the first female President. In 2006, Marshall signed on to be finance director for Clinton’s re-election committee, Friends of Hillary (FOH), and raised money for Clinton’s HiLLPAC. In 2007, Marshall joined Clinton’s presidential campaign as a senior advisor, leading the Surrogate Speakers Program and helping to coordinate women’s outreach. In 2008, in the wake of Clinton’s loss of the primary race to Barack Obama, Marshall became Executive Director of HiLLPAC and Friends of Hillary and oversaw the closure of both committees. More here.

 

 

Hillary Delivered her Emails in Boxes to State, but Some are Missing

   Congress Contempt Order for Clinton IT tech, Brian Pagliano

FBI 302 Interview Summary documents

FBI files reveal missing email ‘boxes’ in Clinton case, allegations of evidence tampering

FNC: Buried in the 189 pages of heavily redacted FBI witness interviews from the Hillary Clinton email investigation are details of yet another mystery — about two missing “bankers boxes” filled with the former secretary of state’s emails.

The interviews released earlier this month, known as 302s, also reveal the serious allegation that senior State Department official Patrick Kennedy applied pressure to subordinates to change the classified email codes so they would be shielded from Congress and the public.

The details about the boxes are contained in five pages of the FBI file – with a staggering 111 redactions – that summarize the statements of a State Department witness who worked in the “Office of Information Programs and Services (IPS).” The employee told the FBI that, “Initially, IPS officials were told there were 14 bankers boxes of former Secretary of State Hillary CLINTON’s emails at CLINTON’s Friendship Heights office.” Friendship Heights is a neighborhood that straddles the Northwest neighborhood of the District of Columbia and Maryland.

The State Department witness further explained to the FBI that “on or about December 5, 2014, IPS personnel picked up only 12 bankers boxes of CLINTON’s emails from Williams & Connolly.”

The officials were not sure if the boxes “were consolidated or what could have happened to the two other boxes. “

Clinton’s chief lawyer at Williams & Connolly, who leads all Clinton-related legal matters, is David Kendall. He has successfully represented Bill and Hillary Clinton together and separately throughout decades of their legal entanglements since the 1980’s, ranging from the former president’s sex scandals to missing billing records for Hillary Clinton’s work on behalf of the failed Madison Guaranty Savings and Loan and Capital Management Services.

In the documents provided by Kendall’s law firm, the witness told the FBI they were “unable to locate any of her emails from January-April 2009.” This timeframe is crucial as it covers the start of Clinton’s term as secretary of state and when she set up a private server for all government business, in turn skirting public records laws.

In the same interview, on page 42, the State Department witness also told the FBI there was a deliberate effort to change sensitive Clinton emails bearing the “B(1)” code — used in the Freedom of Information Act review process to identify classified information — to the category of “B-5.” That category covers Executive Branch deliberations, “interagency or intra-agency communications including attorney client privileges,” and makes material exempt from public release.

Over five pages of the single-spaced summary notes, the witness, whose name is redacted, alleges Clinton’s team which included Undersecretary for Management Patrick Kennedy played classification games to confuse and obfuscate the formal FOIA review process.

“(Redacted) believed there was interference with the formal FOIA review process. Specifically, STATE’s Near East Affairs Bureau upgraded several of CLINTON’s emails to a classified level with a B(1) release exemption. (Redacted) along with (redacted) attorney, Office of Legal Counsel called STATE’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption.”

In early May 2015, the witness reported, “… KENNEDY held a closed-door meeting with (redacted) and (redacted) DOJ’s Office of Information Programs where KENNEDY pointedly asked (redacted) to change the FBI’s classification determination regarding one of CLINTON’s emails, which the FBI considered classified. The email was related to FBI counter-terrorism operations.”

This appears to be one of two emails that kick-started the FBI probe in the summer of 2015. Fox News first identified the two emails containing classified information as well as sensitive law enforcement information sent by Clinton aides Huma Abedin and Jake Sullivan to Clinton’s unsecured server.

State Department spokesman John Kirby consistently has stated the majority of the 2,100 Clinton server emails containing classified information were “retroactively classified” and not classified at the time they were sent and received. But that explanation is disputed by seasoned intelligence officials. Even the State Department witness cast doubt on the claim in the FBI interview:

“(Redacted) heard the argument that some of CLINTON’S emails were unclassified back in the 2009-2012 timeframe when they were initiated, but were later classified due to various circumstances. It was very rare for something that was actually unclassified to become classified years after the fact.”

Asked this week about the FBI 302 and the claims Kennedy, one of the department’s most senior executives, tampered with the FOIA review process, State Department spokesman Elizabeth Trudeau said they “strongly refute those claims.”

She added, “The department has complete confidence that the … attorneys performed the highest professional and ethical standards, including, with connection, with the review and release of Secretary Clinton’s emails.”

Kennedy, in his FBI interview on Dec. 21, 2015, “categorically rejected” the allegations of classified code tampering. While the section is partially redacted, it appears the FBI asked Kennedy about the credibility of the accusing witness. He said she “says it like it is” and has “no fear of telling truth to power.”

The conflicting statements indicate either the junior State Department employee or Kennedy misled or lied to federal agents which can be a criminal offense.

Fox News first reported on the intelligence community’s deep concerns that the process was tampered with, as lawyers with Clinton ties were alleged to be involved at the State Department.

Fox News was told in August 2015 that Kennedy was running interference on Capitol Hill. Two sources confirmed that Kennedy went to Capitol Hill and argued one of the emails that kick-started the probe did not contain classified material, citing a 2011 Irish Times newspaper report to claim the information was already public.

According to congressional testimony, at least one of the lawyers in the office where the changes were made is Catherine “Kate” Duval, who was at the IRS during the Lois Lerner email scandal and later handled the release of documents to the Benghazi congressional committee.

Duval once worked for the same firm as Kendall and has since left the State Department.

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

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

**** Yes there is more: 

State Department hands over 200 pages of Clinton Foundation emails

Examiner: Roughly 200 pages of emails sent between Hillary Clinton’s State Department staff and employees of the Clinton Foundation suggest the two teams worked closely on interests that blurred the lines between Clinton’s political and diplomatic pursuits.

Some of the emails, which were made public Wednesday after the State Department provided them to conservative-leaning Citizens United through a Freedom of Information Act lawsuit, were copies of those made public earlier this year through separate cases.

But others offered new insight into the connections between Clinton’s agency, her family’s foundation and a controversial consulting firm called Teneo Strategies that was founded by Clinton allies.

One Teneo founder, Doug Band, is also a foundation alum. Band appears frequently in the latest batch of records.

For example, when Janice Enright, a powerful lobbyist, sought a State Department audience for a client in March 2010, she went to Band with the request.

“Oh come on,” she wrote to Band when he expressed doubts that the meeting would happen. “[Y]ou can make this happen.”

Band said the problem was that Enright’s client, whose identity was unclear, was not properly vetted.

Other emails suggest Clinton’s team coordinated with foundation officials and a Democratic donor to create a new, Ireland-focused charity called “Friends of the Clinton Centre” at the behest of Clinton.

Some of those conversations had been made public previously, but the extent of coordination over the proposed group was not known.

Anything else? Yes, of course:

McClatchy/WASHINGTON – Just because the FBI closed its investigation into Hillary Clinton’s emails doesn’t mean the issue is over.

On Wednesday, several Republican chairmen of congressional committees sent a letter to the Department of Justice requesting information about restrictions the FBI had when investigating Clinton’s private email server.

The request comes after news reports that the FBI was required to destroy laptops after reviewing them as part of immunity deals for Clinton’s aides. It was signed by House Judiciary Committee Chairman Bob Goodlatte of Virginia, House Oversight and Government Reform Committee Chairman Jason Chaffetz of Utah, Senate Judiciary Committee Chairman Chuck Grassley of Iowa and House Permanent Select Committee on Intelligence Chairman Devin Nunes of California.

The letter was sent the same day that the conservative group Citizens United released a new batch of emails that show the close relationship between the Clinton State Department and the Clinton Foundation. It obtained them through a lawsuit filed against the State Department after its Freedom of Information Act request went unanswered.

Other emails released in recent weeks by Citizens United and other groups looking to hurt Clinton in her presidential race against Donald Trump show that top aides were in regular contact with foundation officials about donors’ requests, job applicants and talking points for Clinton’s husband, former President Bill Clinton, who started the foundation.

The periodic releases are expected to continue through Election Day and into 2018, whether Clinton is elected president or not. Courts have given the State Department time to review and release all the records the lawsuits sought.

Clinton has been criticized for months for exclusively using personal email routed through a private server for government business. The FBI launched an inquiry into the handling of sensitive data after classified information was found in some emails, but the Department of Justice declined to prosecute.

The issue continues to cloud her run for the White House. On Tuesday night, Republican Mike Pence criticized Clinton about the issues in the vice presidential debate against Tim Kaine.

“There’s a reason why people question the trustworthiness of Hillary Clinton,” Pence said. “And that’s because they’re paying attention. I mean, the reality is, when she was secretary of state…come on. She had a Clinton Foundation accepting contributions from foreign governments.”

 

When Documents and Facts Prove the DOJ and FBI are Corrupt, Libya

Obama DOJ drops charges against alleged provider of Libyan weapons

Arms dealer had threatened to expose Hillary Clinton’s talks about arming anti-Qadhafi rebels.

Politico: The Obama administration is moving to dismiss charges against an arms dealer it had accused of selling weapons that were destined for Libyan rebels.

Lawyers for the Justice Department on Monday filed a motion in federal court in Phoenix to drop the case against the arms dealer, an American named Marc Turi, whose lawyers also signed the motion.

The deal averts a trial that threatened to cast additional scrutiny on Hillary Clinton’s private emails as Secretary of State, and to expose reported Central Intelligence Agency attempts to arm rebels fighting Libyan leader Moammar Qadhafi.

Government lawyers were facing a Wednesday deadline to produce documents to Turi’s legal team, and the trial was officially set to begin on Election Day, although it likely would have been delayed by protracted disputes about classified information in the case.

A Turi associate asserted that the government dropped the case because the proceedings could have embarrassed Clinton and President Barack Obama by calling attention to the reported role of their administration in supplying weapons that fell into the hands of Islamic extremist militants.

“They don’t want this stuff to come out because it will look really bad for Obama and Clinton just before the election,” said the associate.

In the dismissal motion, prosecutors say “discovery rulings” from U.S. District Court Judge David Campbell contributed to the decision to drop the case. The joint motion asks the judge to accept a confidential agreement to resolve the case through a civil settlement between the State Department and the arms broker.

“Our position from the outset has been that this case never should have been brought and we’re glad it’s over,” said Jean-Jacques Cabou, a Perkins Coie partner serving as court-appointed defense counsel in the case. “Mr Turi didn’t break the law….We’re very glad the charges are being dismissed.”

Under the deal, Turi admits no guilt in the transactions he participated in, but he agreed to refrain from U.S.-regulated arms dealing for four years. A $200,000 civil penalty will be waived if Turi abides by the agreement.

A State Department official confirmed the outlines of the agreement.

“Mr. Turi cooperated with the Department’s Directorate of Defense Trade Controls in its review and proposed administrative settlement of the alleged violations,” said the official, who asked not be named. “Based on a compliance review, DDTC alleged that Mr. Turi…engaged in brokering activities for the proposed transfer of defense articles to Libya, a proscribed destination under [arms trade regulations,] despite the Department’s denial of…requests for the required prior approval of such activities.”

Turi adviser Robert Stryk of the government relations and consulting firm SPG accused the government of trying to scapegoat Turi to cover up Clinton’s mishandling of Libya.

“The U.S. government spent millions of dollars, went all over the world to bankrupt him, and destroyed his life — all to protect Hillary Clinton’s crimes,” he said, alluding to the deadly Sept. 11, 2012 terrorist attack on the U.S. Consulate in Benghazi, Libya.

Republicans hold Clinton responsible for mishandling the circumstances around that attack. And Stryk said that Turi was now weighing book and movie deals to tell his story, and to weigh in on the Benghazi attack.

Representatives of the Justice Department, the White House and Clinton’s presidential campaign either declined to comment or did not respond to requests for comment on the case or the settlement.

Turi was indicted in 2014 on four felony counts: two of arms dealing in violation of the Arms Export Control Act and two of lying to the State Department in official applications. The charges accused Turi of claiming that the weapons involved were destined for Qatar and the United Arab Emirates, when the arms were actually intended to reach Libya.

Turi’s lawyers argued that the shipments were part of a U.S. government-authorized effort to arm Libyan rebels.

It’s unclear if any of the weapons made it to Libya, and there’s no evidence linking weapons provided by the U.S. government to the Benghazi attacks.

“The proposal did not result in an actual transfer of defense articles to Libya,” the State Department official told POLITICO on Tuesday.

But questions about U.S. efforts to arm Libyan rebels have been mounting, since weapons have reportedly made their way from Libya to Syria, where a civil war is raging between the Syrian Government and ISIL-aligned fighters.

During 2013 Senate hearings on the 2012 Benghazi attack, Clinton, under questioning from Sen. Rand Paul (R-Kentucky), said she had no knowledge of weapons moving from Libya into Turkey.

Wikileaks head Julian Assange in July suggested that he had emails proving that Clinton “pushed” the “flows” of weapons “going over to Syria.”

Additionally, Turi’s case had delved into emails sent to and from the controversial private account that Clinton used as Secretary of State, which the defense planned to harness at any trial.

At a court hearing in 2015, Cabou said emails between Clinton and her top aides indicated that efforts to arm the rebels were — at a minimum — under discussion at the highest levels of the government.

“We’re entitled to tell the jury, ladies and gentlemen of the jury, the Secretary of State and her highest staff members were actively contemplating providing exactly the type of military assistance that Mr. Turi is here to answer for,” the defense attorney said, according to a transcript.

Turi’s defense was pressing for more documents about the alleged rebel-arming effort and for testimony from officials who worked on the issue the State Department and the CIA. The defense said it planned to argue that Turi believed he had official permission to work on arms transfers to Libya

“If we armed the rebels, as publicly reported in many, many sources and as we strongly believe happened and as we believe at least one witness told the grand jury, then documents about that process relate to that effort,” Cabou told Campbell at the same hearing last year.

*****  

McCarthy: The ‘side deals’ are further evidence of a highly politicized Obama Department of Justice. Just when you think it can’t get any worse . . . According to House Judiciary Committee chairman Bob Goodlatte (R., Va.), the immunity agreements struck by the Justice Department with Cheryl Mills and Heather Samuelson, two top subjects of the FBI’s Clinton e-mail investigation, included “side agreements.” Pursuant to these side agreements, it was stipulated that (a) the FBI would not scrutinize any documents dated after January 31, 2015 (i.e., about five weeks before the most disturbing actions suggestive of obstruction of justice occurred); and (b) the FBI — in an investigation critically involving destruction of documents — would destroy the computers after conducting its search.
These revelations are outlined in a letter Chairman Goodlatte penned yesterday to Attorney General Loretta Lynch. Goodlatte says his committee learned of the side deals upon reviewing the immunity agreements, which have not been made public. That review naturally prompted a demand by the committee to see the side deals, which — for reasons unexplained — the Justice Department elected not to provide when it gave the committee access to the immunity agreements. The side deals have also not been made public. For anyone who worked in the Justice Department for any length of time, the striking of side deals with a defense lawyer (in this instance, Beth Wilkinson, who represents both Ms. Mills and Ms. Samuelson) is bracing. Written agreements with the Justice Department (regarding, for example, guilty pleas and cooperation) customarily include a clause explaining that the four corners of the document contain the entirety of the understandings between the parties. This is done precisely because defendants often claim they were enticed into signing the agreement because of this or that side deal purportedly agreed to by the government.
The Justice Department likes to be able to say, “We don’t engage in those sorts of shenanigans. The agreement is the single agreement as written.” Why did the Justice Department make side deals in this case (which we’ve been told was treated like any other case . . . except, alas, when it wasn’t)? More fundamentally, as I’ve been arguing since we learned of the immunity agreements, why did the government grant immunity in the first place? Unfortunately, the question, at this point, is rhetorical. Immunity was granted because the Justice Department would not use the grand jury against Mrs. Clinton.
As I’ve explained, the computers were physical evidence. The law empowers the government to compel production of physical evidence by subpoena (or by search warrant if there is suspicion that the evidence will be tampered with or destroyed). Importantly, however, the power to compel production of evidence derives from the grand jury. In the Clinton e-mails case, unlike virtually every other criminal case, the Justice Department apparently declined to convert the FBI’s investigation into a grand-jury investigation. This meant grand-jury subpoenas would not be issued. Why? Patently, the highly politicized Obama Justice Department did this because commencing a grand-jury investigation suggests that a matter is very serious and an indictment (which only the grand jury can issue) is likely. In this case, the Justice Department was determined to maintain the illusion that Clinton and her underlings hadn’t committed crimes, so the grand jury was avoided. That is how you end up with such inanities as the Justice Department’s leaking to the Washington Post that Cheryl Mills was regarded as nothing more than a very cooperative witness, not a suspect, even though we now know that (a) Mills falsely denied that, while serving as then-secretary of state Clinton’s chief of staff, she knew about the homebrew server system; (b) the evidence indicates that Mills is the one who directed Platte River Networks (PRN) to destroy the e-mails stored on Clinton’s server (although there are salient questions about when this happened); (c) the private laptop Mills used to vet Clinton’s e-mails contained mounds of classified information; and (d) Mills was sufficiently worried that her lawyer sought — and obtained — immunity from prosecution before Mills surrendered her computer to the FBI.
In his House testimony last week, FBI director James Comey tried to deflect the government’s failure to use the grand jury by rationalizing that the FBI was very anxious to examine the Mills and Samuelson computers, and that it is often more efficient in a criminal investigation to make informal agreements with the subjects’ lawyers than to rely on grand-jury compulsion. As I countered in this past weekend’s column, this claim is unconvincing. Use of the grand jury and negotiations with defense lawyers are not mutually exclusive. They happen concurrently all the time. Indeed, it is fear that the government might resort to compulsion that induces defense lawyers to negotiate reasonably. Take the grand jury off the table and investigators are apt to get taken to the cleaners. That is what happened here. With no resort to the grand jury, the FBI was reduced to relying on the Justice Department, which was working closely with Team Clinton’s defense lawyers, to cut immunity deals. These deals gave away the store in exchange for physical evidence the government actually had the power to demand without making concessions, much less extraordinary concessions like immunizing Mills and Samuelson from any prosecution based on the contents of the computers. According to Goodlatte, those concessions were even more astonishing than they seemed at first blush because of the newly revealed side deals.
First, there is the time-restriction. As noted above, Goodlatte says the Justice Department agreed that the FBI’s investigative team would not inspect any documents on the laptops dated later than January 31, 2015. What conceivable justification is there for this limitation? It is quite easy to conjure relevant evidence post-dating January 31, 2015, that could have been on the computer. Let’s just consider the crucial events of March 2015: In early March 2015, the New York Times broke the story about Mrs. Clinton’s homebrew server. The House Benghazi committee quickly issued a subpoena for Clinton’s e-mails. Between the Times report and March 25, Mills (and perhaps other Clinton-related lawyers and staffers) had a number of communications with Paul Combetta, the PRN technician who ultimately destroyed the e-mails. According to a March 25 e-mail, there was a call that day between Combetta and unidentified Clinton personnel as to which Combetta told the FBI “he could not recall the content of the call or the reference to backups in the e-mail.” (Scroll to Combetta FBI interview, May 3, 2016, p.5.) Nevertheless, sometime on or after March 25, Combetta had his “‘oh shit’ moment” and deleted the files containing Clinton’s e-mails from the server. (Same Combetta interview, pp.5-6.) On March 27, Clinton’s principal lawyer David Kendall informed Benghazi Committee chairman Trey Gowdy (R., S.C.) by letter: “I have confirmed with the Secretary’s IT support that no emails from [Clinton’s private e-mail address] for the time period [of Clinton’s 2009-2013 tenure as secretary of state] reside on the server or on any back-up systems associated with the server.” Kendall made no mention of when the “IT support” (Combetta) may have removed the e-mails.
A PRN work ticket dated March 31, 2015, references a conference call between Combetta, Kendall, and Mills, but when the FBI asked about it, Combetta refused to answer, citing his Fifth Amendment privilege against self-incrimination. (Scroll to Combetta FBI interview, February 18, 2016, p.5.) On March 31, Combetta used the BleachBit program to “shred” any copies of Clinton e-mails remaining on the server. (May 3, 2016, Combetta interview, p.6). Combetta was obviously in contact with Mills and other Clinton team members from early February through the end of March 2015 — the period the FBI was barred from examining under the computer side deal. Combetta tells the highly unlikely story that, during this time frame, he destroyed Clinton’s e-mails on his own initiative, without any encouragement from Mills or others in the Clinton camp.
When asked during last week’s House hearing how he could believe Combetta, FBI director Comey pointedly replied that it was not a matter of believing Combetta; the problem was not having evidence that disproved Combetta’s story. So if the FBI was interested in finding such evidence, why would it agree (or at least abide the Justice Department’s agreement) to an arrangement under which it was denied the ability to review documents on Mills’s computer from March 2015, when Combetta, while in frequent communication with Mills, destroyed the e-mails? Finally (at least until the next shoe drops), why would the FBI agree to destroy the computers after conducting the (apparently highly limited) examination that was agreed to?
The Federal Rules of Criminal Procedure explicitly provide (in Rule 41) that, when the government has taken custody of property for investigative purposes, a person who is somehow aggrieved by this deprivation may petition the court for the return of that property. The rule empowers the court to order the return of the property if it is not relevant to an ongoing investigation; and, if the court grants such relief, it “may impose reasonable conditions to protect access to the property and its use in later proceedings.” That is, the law encourages the preservation of materials that may have future investigative relevance. By simply following the law, the FBI and Justice Department can ensure that, if evidence is improperly destroyed, the government will not be at fault.
If Cheryl Mills and Heather Samuelson were bent on destroying potential evidence, that is a highly disturbing risk they should have been made to run on their own. No good could come from the FBI’s participating in the destruction. We are not talking here about illegal narcotics or explosives — items that could be dangerous to the public if needlessly preserved after their investigative relevance has been exhausted. We’re talking about laptop computers. Even if the FBI and Justice Department truly were convinced (against what appears to be the weight of the evidence) that there is no prosecutable case against anyone in the Clinton e-mail scandal, it is always possible that new information could emerge that would revive the case. Under such circumstances, the computers could have had renewed relevance and their destruction would have been highly problematic. How would it help the FBI to have had a hand in that?
Moreover, as the FBI and the Justice Department well knew, Clinton’s private e-mails are the subject of congressional oversight inquiries and Freedom of Information Act claims against the government that are being litigated in federal court. Again, why under those circumstances would the Justice Department and FBI agree not only that the evidence should be destroyed but, reportedly, that the FBI itself would do the destroying? We are repeatedly told that Mrs. Clinton and her underlings were not given special treatment, that this investigation was handled like any other. Are there other cases in which the Justice Department and FBI make such agreements?

 

 

1999: Clinton Admin Knew/Facilitated China Military Theft

 Wen Ho Lee

Related reading: 2015, FBI Arrests Chinese Millionaire Once Tied to Clinton $$ Scandal

Related reading: The Russia-China relationship could lead to some interesting changes on the global stage.

And the biggest changes are occurring far away from Washington’s orbit.

obama xi putinUS President Barack Obama (L-R), China’s President Xi Jinping, and Russia’s President Vladimir Putin during a photo shoot at the International Convention Center at Yanqi Lake in Beijing, November 11, 2014. REUTERS/Kim Kyung-Hoon

Although the Sino-Russo relationship predates the Ukraine conflict, there’s no question that the crisis has shifted Moscow even more toward Beijing.

Over the last year, we saw the two countries sign highly publicized energy deals, conduct joint military exercises, and even generally support each others’ foreign policy adventures. More here from BusinessInsider.

Here are a few questions for investigators in both houses of Congress to pose:

NYT’s: To Samuel Berger, the Hogan & Hartson trade lobbyist turned national security adviser: Why can’t Congress see your memo to President Clinton summarizing the devastating Cox report on espionage when it was submitted for security clearance in January? With the report now public, no claim of secrecy can properly be made.

Clinton pretended two months ago to have been uninformed of wholesale espionage. Did Berger’s January cover memo truly reflect the Cox report’s revelations, or did it lull the President into a false sense of national security?

To Bill Richardson, Energy Secretary since September 1998: You were briefed on espionage suspicions in November, and received the Cox report in January. Did you never have occasion to mention its serious implications on China policy to the President? You knew Secretary of State Albright was going to China in February; why did you withhold it from her? Did the White House suggest she be kept ignorant, or was it your own idea?

To F.B.I. Director Louis Freeh: Attorney General Janet Reno says ”I was not apprised of the details of the case at the time the decision was made” to reject wiretap surveillance of Wen Ho Lee at Los Alamos. Didn’t you think this was important enough to take to the top? She also says your 1997 request ”did not contain a request to search any computer.” If that is true, why not?

To the Senate Democratic leader, Tom Daschle: The bipartisan Cox report charges the White House with failing to inform Congress, but you say ”Republican chairs of the Congress were warned about this as early as 1996 and also chose to do nothing.” Did you read those ”warnings” before accusing Senator Arlen Specter and Representative Porter Goss of failing in their intelligence oversight duties? Can the public now see if those staff briefings were complete?

To Dan Burton, chairman of the House Government Reform and Oversight Committee: With Reno Justice allowing all Clinton’s illegal Asian fund-raisers to cop a plea and walk, you’ve subpoenaed Charlie Trie for June 10 and John Huang for June 17. Will you allow the ranking Democrat, Henry Waxman, to turn hearings into a partisan circus, or will you depose Trie and Huang extensively beforehand to discover links to Bruce Lindsey, the D.N.C.’s Don Fowler and Hillary’s Harold Ickes?

To George Tenet, Director of Central Intelligence: You reported to Cox that information on China’s theft of our W-88 nuclear warhead design came from a ”walk-in” planted by Chinese intelligence. That’s counterintuitive counterintelligence; does nobody in C.I.A. dispute the ”dangle” theory? Where is he now, and is he (or she) singing?

To Richard Shelby and Bob Kerrey of Senate Intelligence: The Cox report ran 900 pages, but nearly 400 pages were cut out by the Clinton sanitizers. Was all of this really for security reasons, or do many redactions cover C.I.A., F.B.I. and White House embarrassments?

To Senator Robert Torricelli, Democrat of New Jersey: You told CBS’s Bob Schieffer that Clinton should talk to Reno about ”her ability to perform her duties.” Are you worrying about her judgment under a physical affliction, or making a nonpartisan judgment on sustained misfeasance at Justice — or helping the White House toss her off the sled to save Sandy Berger?

The biggest question is this: Will we fall for the usual ”it’s old news” and ”everybody did it” defenses? Or will we connect the dots from the (a) corrupt Asian and satellite-producer contributions to the (b) refusal to stop the theft of nuclear codes lest it offend Beijing to the (c) change of policy to sell China powerful computers capable of using those codes to simulate tests?

The House is being serious. What about the Senate?

****What is this all about you ask?

*The People’s Republic of China (PRC) has stolen design information on the United States’ most advanced

thermonuclear weapons.

* The Select Committee judges that the PRC’s next generation of thermonuclear weapons, currently under development, will exploit elements of stolen U.S. design information.

* PRC penetration of our national weapons laboratories spans at least the past several decades and almost

certainly continues today.

****

• The stolen information includes classified information on seven U.S. thermonuclear warheads, including every currently deployed thermonuclear warhead in the U.S. ballistic missile arsenal.

• The stolen information also includes classified design information for an enhanced radiation weapon (commonly known as the “neutron bomb”), which neither the United States, nor any other nation, has yet deployed.

• The PRC has obtained classified information on the following U.S. thermonuclear warheads, as well as a number of associated reentry vehicles (the hardened shell that protects the thermonuclear warhead during reentry).

****

In addition, in the mid-1990s the PRC stole, possibly from a U.S. national

weapons laboratory, classified thermonuclear weapons information that cannot be

identified in this unclassified Report. Because this recent espionage case is currently

under investigation and involves sensitive intelligence sources and methods, the

Clinton administration has determined that further information cannot be made public

without affecting national security or ongoing criminal investigations.

The W-88, a miniaturized, tapered warhead, is the most sophisticated nuclear

weapon the United States has ever built. In the U.S. arsenal, it is mated to the D-5 submarine-

launched ballistic missile carried aboard the Trident nuclear submarine. The

United States learned about the theft of the W-88 Trident D-5 warhead information, as

well as about the theft of information regarding several other nuclear weapons, in 1995.

The PRC has stolen U.S. design information and other classified information

for neutron bomb warheads. The PRC stole classified U.S. information about

the neutron bomb from a U.S. national weapons laboratory. The U.S. learned of the

theft of this classified information on the neutron bomb in 1996.

In the late 1970s, the PRC stole design information on the U.S. W-70 warhead

from the Lawrence Livermore Laboratory. The U.S. government first learned of this

theft several months after it took place. The W-70 warhead contains elements that

may be used either as a strategic thermonuclear weapon, or as an enhanced radiation

weapon (“neutron bomb”). The PRC tested the neutron bomb in 1988.

The Select Committee is aware of other PRC thefts of U.S. thermonuclear

weapons-related secrets. The Clinton administration has determined that further

information about PRC thefts of U.S. thermonuclear weapons-related secrets cannot

be publicly disclosed without affecting national security.

The PRC acquired this and other classified U.S. nuclear weapons information as

the result of a 20-year intelligence collection program to develop modern thermonuclear

weapons, continuing to this very day, that includes espionage, review of unclassified

publications, and extensive interactions with scientists from the Department of

Energy’s national weapons laboratories.

**** The full Cox Report is 700 pages but this link is the summary.  So, those questions the New York Times asked in 1999 need to be asked again today of both Hillary and Bill. What say you?