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.

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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?

Obama Broke the Law Scouting Locations for Gitmo Detainees

 

For the group of detainees who remain designated for continued detention and who are not candidates for U.S. prosecution or detention or transfer to a foreign country, the administration will work with Congress to relocate them from the Guantanamo Bay detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S. dispositions. These individuals would be detained under the Authorization for Use of Military Force (AUMF), P.L. 107-40, as informed by the law of war, and consistent with applicable domestic and international law for such detentions. More here.

Obama Admin Secretly Scouted U.S. Cities to Move Gitmo Terrorists

Administration effort violated U.S. law, lawmakers charge

The Obama administration secretly used taxpayer money to fund an official inspection of several U.S. cities as possible locations to move terrorist inmates held at the Guantanamo Bay prison camp in violation of federal law, the Washington Free Beacon has learned.

The Obama administration ordered the Pentagon to spend U.S. taxpayer funds for a domestic search of “possible Guantanamo detainee relocation” sites, according to documents obtained by the Free Beacon. United States law bars the administration from spending taxpayer money on its effort to move Gitmo inmates onto American soil.

Related reading: Fact sheet on Guantanamo

The disclosure has prompted a congressional inquiry to determine who in the Obama administration ordered the relocation search and how taxpayer funds were authorized for that purpose, according to a formal letter sent by lawmakers to the Defense Department on Monday and obtained by the Free Beacon.

The disclosure of this activity by the Obama administration has renewed concerns on Capitol Hill that the White House will make a last-minute effort to shutter the Gitmo prison and ship the remaining inmates to the United States, despite laws prohibiting the transfers.

Kansas Attorney General Derek Schmidt informed lawmakers in a letter late last month that he had discovered documentation showing the Obama administration spent more than $25,000 to scout potential relocation sites in Fort Leavenworth, Kansas, Charleston, South Carolina, and Florence, Colorado.

Schmidt obtained this information from the Pentagon only after threatening to sue the administration for its refusal to produce documentation on the matter.

“While the amount of money is relatively small—a total of$25,909.53, of which $7,687.20 was spent on the site survey for Fort Leavenworth—the admission raises the concern that the Department of Defense violated the law by knowingly expending these funds while federal law enacted by Congress expressly prohibited the agency from doing so,” Schmidt informed lawmakers in the letter, a copy of which was obtained by the Free Beacon.

The administration’s behavior has raised concerns in Congress that it is secretly planning to relocate detainees to United States cities without informing local officials and residents.

Rep. Mike Pompeo (R., Kansas) told the Free Beacon that Americans should not have the most “hardened terrorists” secretly transferred to their towns by the Obama administration.

“Americans, and particularly Kansans, understand that President Obama’s desire to bring hardened terrorists from Guantanamo Bay to the U.S. would make our country less safe,” Pompeo said. “In completing these site surveys, the Department of Defense followed neither the letter, nor the spirit of American law. I am proud to stand with my colleagues in condemning this illegal action and encouraging all states to pursue appropriate legal action.”

Pompeo, along with fellow Kansas Republican Reps. Lynn Jenkins and Kevin Yoder, are demanding the Pentagon explain its intentions and why it violated U.S. law in its effort to bring Gitmo inmates to America, according to the Monday letter obtained by the Free Beacon.

“Rather than spending zero dollars on site surveys, as mandated by U.S. law, the Department of Defense has spent over $25,000,” the lawmakers wrote. “This is following neither the letter, nor the spirit of the law.”

The lawmakers seek to determine who in the Pentagon authorized the site surveys, when they took place, and how the taxpayer funds were spent, according to the inquiry. The letter also demanded the names of Obama administration officials and outside contractors who participated in the Gitmo relocation sites surveys.

“We stand with our Senate colleagues in condemning this illegal action and encouraging all states to pursue the appropriate legal action in response,” the lawmakers concluded.

Guantanamo Bay inmates who have been released continue to reengage in terrorism. At least two former inmates have participated in terror operations against U.S. forces since January.

The Obama administration continues to pursue an aggressive effort to free as many inmates as possible before leaving office.

****

The Departments of State and Defense, through the offices of the Special Envoys for

Guantanamo Closure, are implementing an engagement strategy for the 35 detainees currently

approved for transfer, focused on engaging with countries that can accept detainees under

conditions that satisfy both our national security requirements (to substantially mitigate the risk

the detainees pose to the United States or U.S. persons or interests) and our humane treatment

standards. In Fiscal Year 2015, the United States transferred 35 detainees from Guantanamo to

ten countries: Afghanistan (4), Estonia (1), Georgia (3), Kazakhstan (5), Morocco (1), Oman

(10), Saudi Arabia (2), Kuwait (1), Slovakia (2), and Uruguay (6). Thus far in Fiscal Year 2016,

the United States has transferred 23 detainees from Guantanamo to nine countries: Mauritania

(1), the United Kingdom (1), the United Arab Emirates (5), Ghana (2), Kuwait (1), Saudi Arabia

(1), Oman (10), Montenegro (1), and Bosnia-Herzegovina (1). The Administration has

commitments from, or is pursuing commitments from, foreign governments that account for the

remaining 35 detainees approved for transfer. Read the closure plan here which was submitted to key members of Congress.

JASTA Sees its First Lawsuit, this one Against Iran

Post reporter Jason Rezaian and his family file federal lawsuit against Iranian government

Washington Post reporter Jason Rezaian and his family filed a federal lawsuit Monday against the Iranian government, claiming he was taken hostage and psychologically tortured during his 18 months in prison in an effort by Tehran to influence negotiations for a nuclear agreement with Iran.

Related reading: JASTA, Saudi Arabia

The suit, filed in U.S. District Court in the District of Columbia, says Rezaian was targeted for arrest to gain advantage in a prisoner exchange and to “extort” concessions from the U.S. government in the multinational talks over lifting sanctions if Iran agreed to limits on its nuclear program.

Iranian officials repeatedly told Rezaian and his wife, Yeganeh Salehi, who also was detained for more than two months, that Rezaian had “value” as a bargaining chip for a prisoner swap, the suit says. The filing also links key moments in the nuclear negotiations to Rezaian’s treatment in the judicial system, from arrest to conviction to sentencing, and ultimately his release on the day the deal was implemented. “For nearly eighteen months, Iran held and terrorized Jason for the purpose of gaining negotiating leverage and ultimately exchanging him with the United States for something of value to Iran,” the suit states.

Rezaian, his brother, Ali Rezaian, and their mother, Mary Rezaian, are asking for an unspecified sum for damages under the “terrorism exception” to the Foreign Sovereign Immunities Act. That law generally bars U.S. citizens from suing foreign governments in domestic courts, but exceptions are made for terrorist acts, torture or hostage-taking by countries — including Iran — that the State Department has designated as state sponsors of terrorism. The suit accuses Iran of all three.

Rezaian and Salehi, who was born in Iran and married Rezaian there, were arrested on July 22, 2014, by Iranian agents wearing surgical masks who forced their way into their apartment and took them for questioning at Evin Prison, a notorious site for political prisoners. Salehi was freed 71 days later on a $32,000 bail provided by her brother-in-law, Ali.

Rezaian was eventually tried and convicted of espionage and related charges, according to Iranian state media accounts. But the Iranian government has never officially disclosed the specifics of his conviction in a closed-door trial, or the sentence imposed by a judge known for meting out harsh punishments.

The lawsuit provides details of Rezaian’s incarceration that have never been publicly revealed before.

Both Rezaian and Salehi were repeatedly subjected to psychological and physical abuse during lengthy interrogations, the suit says. Their captors at turns threatened to dismember or execute them. Interrogated in isolation and often deprived of sleep, each also was warned that the other might be maimed or executed, and the same fate could befall other family members in Iran, according to the filing.

The ordeal was so intense that Rezaian, Salehi and Rezaian’s brother, Ali, all contemplated suicide, the suit says. Now — almost nine months after Rezaian and four other U.S. citizens were released on the day the nuclear deal was implemented—Salehi, the Rezaian brothers and their mother are still afflicted with trauma and guilt, according to the suit.

“For 544 days, Jason suffered such physical mistreatment and severe psychological abuse in Evin Prison that he will never be the same,” the suit states. “He will require specialized medical and other treatment for the rest of his life.”

Salehi is not a plaintiff in the suit. Nor is The Washington Post. Rezaian is currently on leave from The Post for a year as a Nieman fellow at Harvard University.

“Iran’s unconscionable actions have inflicted deep and lasting wounds on The Washington Post’s Jason Rezaian and his family,” said Executive Editor Martin Baron, who during the reporter’s imprisonment often criticized what he called Iran’s “system of injustice.”

“This legal filing is a stark telling of Iran’s brutal and heartless treatment of an innocent journalist and his wife, and the impact on those who love him. While this legal action is being taken solely by Jason and his family, The Post continues to support the Rezaians through their long and painful recovery.’’

The Rezaian lawsuit is the latest attempt by Americans to have the U.S. justice system provide compensation for harms inflicted by the Iranian government — in particular, by the powerful and hard-line Islamic Revolutionary Guard Corps that fiercely opposed the nuclear deal and has tried to thwart many initiatives of President Hassan Rouhani, a relative pragmatist. The IRGC is named as a co-defendant in the suit.

“This was really one of the few ways they felt they could try to hold Iran publicly accountable,” said David Bowker, Rezaian’s attorney. “Ideally, it will deter this kind of behavior toward other innocent people.”

Rezaian and his family declined to discuss the case, deferring questions to their lawyer.

In a number of suits brought against it over the years, Iran has not responded, resulting in default judgments.

Congress and U.S. courts have provided a legal framework for Americans to sue Iran and be compensated. The State Department has labeled Iran the top state sponsor of terrorism in the world. Also on the list are Sudan and Syria.

In April, the U.S. Supreme Court upheld a law allowing American victims of terrorism and their families to collect almost $2 billion in seized Iranian assets. The case involved relatives of people killed or injured in the 1983 bombing of the U.S. Marine Corps barracks in Beirut. Iran labeled the decision “confiscation” and “theft.”

The closest precedent to Rezaian’s case involves Nik Moradi, an Iranian American who was seized during a family visit in 2007 and accused of spying for the United States. More than six months before his release on bail, he said he was subjected to physical and mental torture during interrogations. In 2013, Moradi and his wife sued Iran in U.S. federal court under the Foreign Sovereign Immunities Act. The couple was awarded $20 million in a default judgment after Iran failed to respond.

One possible venue for securing payment on a judgment is the Victims of State Sponsors of Terrorism Fund, created last year by Congress to compensate the Americans held hostage in Iran during the takeover of the U.S. Embassy in Tehran after the 1979 revolution. It also set aside money for victims with court judgments against state sponsors of terrorism, funded by money from a civil penalty paid by BNP Paribas bank for violating sanctions against Iran, Cuba and Sudan.

The lawsuit provides dark glimpses of Rezaian’s 50 days in solitary in a small, dank, cockroach-infested cell. Anxiety and depression made him hallucinate, as he perceived the walls moving and talking. The cell was constantly lit, and a noisy fan prevented sleep. He slept on the floor, and prison officials eventually gave him tranquilizers to induce sleep. His food sometimes had concrete, rocks, dirt and other inedible objects mixed in.

“During his time in solitary confinement, Jason believed he was losing his mind,” the suit says.

In the initial months of his imprisonment, Rezaian was taken blindfolded several times a day to an underground room for interrogations that lasted hours. He was forced to write down his answers, which prison officials translated into Farsi before trying to coerce him to sign without explaining the translations.

In an effort to get him to confess to espionage, the suit says, one interrogator threatened him with beheading. Another held out the carrot of a video confession as his only chance for freedom.

“They threatened Jason with physical mutilation, such as cutting off his limbs, and repeatedly told Jason that he would never see Yeganeh alive again,” the suit says.

Though Salehi is not a plaintiff, her agony is clear in the dry legalese.

During her detention, Salehi was blindfolded while interrogators hit the table, broke glass and kicked her chair, startling her. One interrogator threatened to cut off her left leg and right hand or arm. They told her they would throw her husband off a cliff if she did not incriminate him.

By the time she was released, her legs would go numb and she sometimes fainted when sitting down. She had to shear off her hair because it was so matted. She had skin lesions. On her infrequent prison visits to see her husband, she sometimes was made to don a prison uniform and told she might be detained again, the suit says. Convinced her husband would die in Evin Prison, she considered killing herself to draw attention to his plight.

Ali Rezaian, who quit his job to work full-time campaigning for his brother’s release, also grew despondent, according to the suit. Iranian agents tailed him when he went to Geneva to appeal for help from the U.N. Human Rights Council and his mother was held against her will in Iran.

“He contemplated suicide in the fall of 2015, having lost faith that his brother would ever be released,” the suit states. “At the time, Ali believed that only by ending his own life could he prompt action by defendants or others, to free Jason.”

Jason Rezaian now experiences depression, sleeplessness, short-term memory loss and other symptoms associated with post-traumatic stress disorder, the suit says. He grows anxious in large crowds, fears for his family’s safety and has grown more “detached” from them. He sees a psychologist.

“Plaintiffs live in constant fear that Iranian agents are spying on them, plotting additional acts of terrorism and planning ways to hurt them and their family members again,” the suit says.

Ann E. Marimow contributed to this report.

Russia v. United States: It is Getting Colder as Russia Destroys Aleppo

John Kerry announces the bi-lateral talks are over.

Russia’s response:

Указ Президента Российской Федерации от 03.10.2016 № 511 “О приостановлении Российской Федерацией действия Соглашения между Правительством Российской Федерации и Правительством Соединенных Штатов Америки об утилизации плутония, заявленного как плутоний, не являющийся более необходимым для целей обороны, обращению с ним и сотрудничеству в этой области и протоколов к этому Соглашению”

Translation: Decree of the President of the Russian Federation from 03.10.2016 # 511 “on the suspension by the Russian Federation Agreement between the Government of the Russian Federation and the Government of the United States of America on the disposition of plutonium designated as no longer required for defence purposes, and cooperation in this area and the protocols to this agreement”

If you can read Russian, the document is here.

This was signed in 2010 between Hillary Clinton and Sergei Lavrov.

MOSCOW (Reuters) – Russian President Vladimir Putin on Monday suspended an agreement with the United States for disposal of weapons-grade plutonium because of “unfriendly” acts by Washington, the Kremlin said.

A Kremlin spokesman said Putin had signed a decree suspending the 2010 agreement under which each side committed to destroy tonnes of weapons-grade material because Washington had not been implementing it and because of current tensions in relations.

The two former Cold War adversaries are at loggerheads over a raft of issues including Ukraine, where Russia annexed Crimea in 2014 and supports pro-Moscow separatists, and the conflict in Syria.

The deal, signed in 2000 but which did not come into force until 2010, was being suspended due to “the emergence of a threat to strategic stability and as a result of unfriendly actions by the United States of America towards the Russian Federation”, the preamble to the decree said.

It also said that Washington had failed “to ensure the implementation of its obligations to utilize surplus weapons-grade plutonium”.

The 2010 agreement, signed by Russian Foreign Minister Sergei Lavrov and then-U.S. Secretary of State Hillary Clinton, called on each side to dispose of 34 tonnes of plutonium by burning in nuclear reactors.

Clinton said at the time that that was enough material to make almost 17,000 nuclear weapons. Both sides then viewed the deal as a sign of increased cooperation between the two former adversaries toward a joint goal of nuclear non-proliferation.

“For quite a long time, Russia had been implementing it (the agreement) unilaterally,” Kremlin spokesman Dmitry Peskov told a conference call with journalists on Monday.

“Now, taking into account this tension (in relations) in general … the Russian side considers it impossible for the current state of things to last any longer.”

Ties between Moscow and Washington plunged to freezing point over Crimea and Russian support for separatists in eastern Ukraine after protests in Kiev toppled pro-Russian President Viktor Yanukovich.

Washington led a campaign to impose Western economic sanctions on Russia for its role in the Ukraine crisis.

Relations soured further last year when Russia deployed its warplanes to an air base in Syria to provide support for Syrian President Bashar al-Assad’s troops fighting rebels.

The rift has widened in recent weeks, with Moscow accusing Washington of not delivering on its promise to separate units of moderate Syrian opposition from “terrorists”.

Huge cost overruns have also long been another threat to the project originally estimated at a total of $5.7 billion.

Meanwhile what Russia is doing to Aleppo is beyond the definition of war crimes.

NBCNews: Russian-made cluster bombs — weapons that kill indiscriminately and inflict long-lasting damage — were used in an attack on at least one hospital in the ravaged Syrian city of Aleppo last week, a video obtained by NBC News appears to show.

The video shows two unexploded submunitions amid the rubble at the M10 hospital in rebel-held eastern Aleppo following a morning airstrike on Sept. 28. Several experts and sources independently identified the devices as Russian-made ShOAB 0.5 cluster submunitions, bomblets delivered by an air-delivered scattering device called the RBK-500. Both are known to be used by both the Russian and Syrian air forces.

However, it is difficult, even for specialists in unexploded ordnance disposal, to definitively identify such munitions in the field. The ShOAB 0.5 is visually similar to a U.S.-made series of bomblets.

Image: Medics inspect the damage outside a field hospital after an airstrike in the rebel-held al-Maadi neighbourhood of Aleppo

Medics inspect the damage outside a field hospital after an airstrike in the rebel-held al-Maadi neighbourhood of Aleppo, Syria on Sept. 28, 2016. ABDALRHMAN ISMAIL / Reuters

The use of cluster bombs on the hospital — part of a larger series of strikes that also hit a second hospital and a nearby bakery — underscores the relentless brutality of Syria’s civil war, which lurched back into violence last month after the disintegration of a brief cease-fire. The casualties include hundreds of children killed or injured in Aleppo by a myriad of weapons falling on the city.

The hospitals were among the few facilities that remained to treat the hundreds of thousands of civilians caught up in the brutal new government offensive on eastern Aleppo. It is not clear whether the second hospital, called M2, was hit with cluster bombs.

NBC News visited both hospitals and spoke to medical staff there. Among the patients at M2 was a prematurely born infant struggling to survive: Miriam, born on Sept. 10 when her mother, seven months pregnant, went into labor during the airstrike.

“These kids are innocent, and they came into this world under very difficult circumstances, they came into this world during a war,” said Um Mohammad, the nurse who had been tending the children and infants in the hospital. Um Mohammad is a pseudonym, meaning “mother of Mohammad.”

At M2, the attack started at about 4:00 a.m., according to Dr. Mohammad Abu Rajab, a physician at the hospital who uses a pseudonym to avoid reprisals for his work in opposition-controlled areas.

“This has resulted in the hospital being taken out of service completely and indefinitely,” Abu Rajab said. “This was systematic and direct targeting of this hospital, which was home to pediatric and women’s health specialists.” A must read of the rest of the article here.