Cyber CIA: Brennan Rebuilt the Agency for Digital Future

    

NEW DIRECTION: John Brennan at a Senate Intelligence Committee hearing on his nomination to be the director of the CIA in 2013. Brennan has restructured the agency to REUTERS/Jason Reed

John Brennan’s attempt to lead America’s spies into the age of cyberwar

The CIA director has put the U.S. spy agency through a historic restructuring to cope with the era of digital warfare. Many in the agency are unhappy with the shake-up. In a series of interviews, Brennan outlines his strategy. “I think CIA really needs to up its game.”

ReutersInvestigates:WASHINGTON – When America goes to the polls on Nov. 8, according to current and former U.S. intelligence officials, it will likely experience the culmination of a new form of information war.

A months-long campaign backed by the Russian government to undermine the credibility of the U.S. presidential election – through hacking, cyber attacks and disinformation campaigns – is likely to peak on voting day, the officials said.

Russian officials deny any such effort. But current and former U.S. officials warn that hackers could post fictional evidence online of widespread voter fraud, slow the Internet to a crawl through cyber attacks and release a final tranche of hacked emails, including some that could be doctored.

“Don’t underestimate what they can do or will do. We have to be prepared,” said Leon Panetta, who served as CIA director and defense secretary in President Barack Obama’s first term. “In some ways, they are succeeding at disrupting our process. Until they pay a price, they will keep doing it.”

John Brennan, the current CIA director, declined to comment on the Russian efforts. But he said Russian intelligence operatives have a long history of marrying traditional espionage with advances in technology. More broadly, Brennan said, the digital age creates enormous opportunities for espionage. But it also creates vulnerabilities.

Citing an array of new cyber, conventional and terrorist threats, Brennan announced the most sweeping reforms of the CIA in its 69-year history 18 months ago.

Weakening the role of the Directorate of Operations, the agency’s long-dominant arm responsible for gathering intelligence and conducting covert operations, Brennan created 10 new “mission centers” where CIA spies, analysts and hackers work together in teams focused on specific regions and issues. He also created a new Directorate for Digital Innovation to maximize the agency’s use of technology, data analytics and online spying.

The information age “has totally transformed the way we are able to operate and need to operate,” Brennan told Reuters in a series of interviews. “Most human interactions take place in that digital domain. So the intelligence profession needs to flourish in that domain. It cannot avoid it.”

When a new American diplomat arrives for duty at the U.S. embassy in Moscow or Beijing, CIA official say, Russian and Chinese  intelligence operatives run data analytics programs that check the “digital dust” associated with his or her name. If the newcomer’s footprint in that dust – social media posts, cell phone calls, debit card payments – is too small, the “diplomat” is flagged as an undercover CIA officer.

The Russian-backed campaign to discredit the U.S. election is not isolated. Hackers believed to have links to Chinese intelligence began stealing the personal information of 22 million federal employees and job applicants in 2014, the worst known data breach in U.S. government history. Islamic State’s online propagandists continue to inspire lone wolf attacks in the United States even as the group loses territory.

A senior official from the Directorate of Operations, who backs the shake-up, said the agency is experiencing its greatest test in decades.

“The amount of threats and challenges that are facing this organization and this nation are greater than at any time in the last 30 years,” said the official, who declined to be named. “The days of a black passport, a fistful of dollars and a Browning pistol are over.”

INNER CIRCLE: President Barack Obama with Brennan and Chief of Staff Denis McDonough at the White House in 2013. The president and the CIA chief are criticized by some former agents for being overly cautious in Syria, Russia and elsewhere. Courtesy Pete Souza/The White House/Handout via REUTERS

“Most human interactions take place in that digital domain. So the intelligence profession needs to flourish in that domain. It cannot avoid it.”

John Brennan, CIA director

James Clapper, the Director of National Intelligence, praised Brennan and his efforts to retool the CIA for a new era in an interview. So did Lisa Monaco, Brennan’s successor as the President Obama’s Homeland Security and Counterterrorism adviser.

But some current and former officials question Brennan’s strategy, arguing his reforms are too digitally focused and will create a more cautious, top-heavy spy agency. At a time when the agency needs to refocus its efforts on human espionage, they say, the concentration of power in the new mission centers weakens the ability of the Directorate of Operations to produce a new generation of elite American spies.

The reforms have hurt morale, created confusion and consumed time and attention at a time of myriad threats, according to interviews with ten former officials.

Glenn Carle, a former CIA covert officer, supports Brennan and his reforms but said they have sparked a mixed reaction among directorate of operations officials who believe human intelligence is getting short shrift.

“The value the CIA can fundamentally add is to steal secrets, and the ultimate secret is intention,” the often inscrutable aims of foreign leaders, Carle said. “Obtaining that is a human endeavor.”

At the same time, Brennan has stirred a different sort of criticism – that he has defied Congressional oversight. Liberal Democrats and libertarian Republicans in Congress say the Brennan-Obama tenure has been tarnished by a lack of transparency with congressional oversight committees and the public regarding surveillance, drone strikes and the agency’s use of torture against terrorism suspects during the administration of George W. Bush.

“While I think John’s overall legacy will be as a reformer, that legacy will suffer from his refusal to come to grips with the CIA’s troubled torture program,” said Senator Dianne Feinstein, D-Calif, vice chair of the Senate’s intelligence committee. “I think the new president’s CIA director must prioritize a high level of trust between the CIA and Congress to insure proper oversight is conducted.”

It’s unclear how closely the country’s next president will hew to Brennan’s strategy.

The front-runner, Democrat Hillary Clinton, has an incentive to beef up American cyber-espionage: U.S. intelligence officials blame the continuing leak of emails from her campaign on Russian-backed hacking. Clinton also expressed support for covert action in a transcript of a 2013 speech she gave to Goldman Sachs that was recently released by Wikileaks.

Republican Donald Trump, meanwhile, pledged to make cybersecurity a top priority in his administration in an October 3 speech. “For non-state terror actors, the United States must develop the ability – no matter how difficult – to track down and incapacitate those responsible and do it rapidly,” Trump said. “We should turn cyber warfare into one of our greatest weapons against the terrorists.”

In interviews at agency headquarters in Langley, Virginia, Brennan declined to comment on either candidate or discuss operational details of the CIA. But he and eight other senior CIA officials gave the most detailed description yet of their rationale for the most radical revamp of the agency since its founding in 1947.

“I look out at the next 10, 20, 30 years, and I look at technology, I look at complexity, I look at the global environment,” Brennan said. “I think CIA really needs to up its game.”

JUST-WAR THEORIST

Brennan, a 61-year-old native of north New Jersey, looks like a linebacker but talks like a technocrat. He speaks excitedly about how the CIA and other government bureaucracies can be configured in “a way to ensure optimal outcomes.”

The son of devout-Catholic Irish immigrants, Brennan speaks reverently of CIA officers as public servants who risk their lives without public accolades. He joined the agency in 1980, at the age of 24, after receiving a Master’s Degree in government with a concentration in Middle Eastern studies from the University of Texas.

“The value the CIA can fundamentally add is to steal secrets, and the ultimate secret is intention. Obtaining that is a human endeavor.”

Glenn Carle, former CIA covert officer

Educated in various Catholic schools, including Fordham University, Brennan says he is an adherent of just war theory – a centuries-old Christian theological argument that war is justified when it is waged in self defense, as a last resort and minimizes civilian casualties. Those beliefs, he says, have guided him in one of the most controversial aspects of his tenure in the Obama administration.

As Obama’s White House counter-terrorism adviser and CIA director, Brennan played a central role in carrying out 473 U.S. airstrikes outside conventional war zones between 2009 and 2015, primarily by drone. U.S. officials estimate the attacks have killed 2,372 to 2,581 people, including 64 to 116 civilians. Human rights groups say the totals are vastly higher. Last year, for instance, a U.S. drone strike in Pakistan accidentally killed American aid worker Warren Weinstein and Italian aid worker Giovanni Lo Porto, who were both being held captive by al Qaeda.

Brennan declined to comment on specific strikes, but said, “I still can look myself in the mirror everyday and believe that I have tried to do what is morally right, what is necessary, and what is important to keep this country safe.” He also acknowledged mistakes.

“You question yourself. You beat yourself up. You try to learn from it,” Brennan said, in a rare display of emotions. “But you also recognize that if you’re not prepared to make the tough decisions in the jobs that have been entrusted to you, you shouldn’t be in those jobs.”

Today, Brennan says the United States faces the most complex array of threats he has seen since joining the agency 36 years ago. As a CIA analyst, operative and executive, he has lived through the Cold War espionage duels of the 1980s; the disintegration of nation-states after the 1989 fall of the Berlin Wall; the rise of non-state terrorist groups since 2001; and the current digital disruption. Now, he says, all four dynamics are converging at once.

BOLD AND INNOVATIVE RIVALS

CIA officials say their greatest state competitors are the Russian and Chinese intelligence services. While smaller countries or terrorist groups may want to strike at the United States, Russia and China are the only two adversaries with the combination of skills, resources and motivation needed to challenge Washington.

In recent years, Moscow’s Federal Security Service, or FSB, has become adept at waging “gray zone” conflicts in Ukraine, Crimea and Syria, the officials said. In all three countries, Russian intelligence operatives have deftly shrouded protagonists, objectives and war crimes in ambiguity.

GREAT RIVALS: U.S. President Barack Obama with his Chinese and Russian counterparts, Xi Jinping and Vladimir Putin, in Beijing in 2014. Washington has faced barrages of digital threats from Beijing and Moscow; CIA insiders say the two nations remain the biggest challenge for the United States. REUTERS/Pablo Martinez Monsivais

“You beat yourself up…. But you also recognize that if you’re not prepared to make the tough decisions in the jobs that have been entrusted to you, you shouldn’t be in those jobs.”

John Brennan, CIA director

One target is America’s increasingly politically polarized democracy. As Russian-backed hacking unfolded this summer, the Obama White House’s response fueled frustration among law enforcement and intelligence officials, according to current and former officials. The administration, they said, seemed to have no clear policy for how to respond to a new form of information warfare with no rules, norms or, it seemed, limits.

White House officials said the administration is still considering various methods of responding, but the responses won’t necessarily be made public.

China presents another challenge. Chinese businessmen and students continue trying to scoop up American state and economic secrets. In one bright spot, Beijing appears to be abiding by a 2015 pact signed by Obama and Chinese leader Xi Jinping that the two governments would not conduct economic espionage against one another. Chinese hacking appears to have slowed from the voracious rate of the past, which included hacking into the computers of the 2008 presidential campaigns of John McCain and Barack Obama but not releasing what was found.

“The question is whether or not it is due to greater care in terms of covering one’s tracks,” Brennan said of the apparent change. “Or whether or not they realize that they’re brand is being tarnished by this very rapacious appetite for vacuuming up things.”

Regional powers are also increasing their digital espionage efforts.

In 2014, the Obama administration blamed North Korea for the hacking of Sony Pictures’ computer system. This spring, U.S. prosecutors indicted seven Iranian hackers for allegedly trying to shut down a New York dam and conducting a cyber attack on dozens of U.S. banks. They also indicted three Syrian members of the “Syrian Electronic Army,” a pro-Syrian government group,  who hacked into the websites of U.S. government agencies, corporations and news organizations.

In a 2015 case that U.S. officials said marks a worrying new trend, federal prosecutors indicted a 20-year-old hacker from Kosovo. With the help of a criminal hacker, Ardit Ferizi stole the home addresses of 1,300 members of the U.S. military, providing the information to Islamic State and posting it online, and calling for attacks on the individuals. Ferizi was arrested in Malaysia, where he was studying computer science. In September, he pleaded guilty in a U.S. federal court and was sentenced to 20 years in prison.

“This blend of the criminal actor, the nation-state actor and the terrorist actor, that’s going to be the trend over the next five years,” said John Carlin, who recently stepped down as head of the Justice Department division that monitors foreign espionage in the United States.

But some active clandestine officers argue that the intelligence community has grown too reliant on technology, a trend they trace back four decades to the directorship of Stansfield Turner. Satellite photography, remote sensors and communications intercepts have become more sophisticated, but so have encryption techniques and anti-satellite weapons.

More important, they argue, is that technology is no substitute for “penetrations” – planting or recruiting human spies in foreign halls of power. The CIA missed India’s 1998 nuclear tests and misjudged Saddam Hussein’s arsenal in 2003 because it lacked spies in the right places.

Today, these current and former CIA officials contend, American policymakers have little insight into the thinking of Vladimir Putin’s inner circle. Presidents, kings and dictators often don’t share their true intentions electronically, putting this valuable information largely beyond the scope of digital spying. The best sources are still people, and these officials believe the agency is not mounting the kind of bold human spying operations it did in the past.

Brennan and other CIA officials flatly denied downplaying human intelligence. They said aggressive, high-risk human spying is under way but they cannot go into operational detail.

One of Brennan’s predecessors, Michael Hayden, former CIA chief under President George W. Bush, says the agency strayed from its core mission during the Bush years. After the Al Qaeda attacks of Sept. 11, 2001, Hayden said, the CIA had to shift to become a paramilitary organization that devoted its most talented officers to tracking and killing terrorists. It now needs to reverse that trend by focusing on espionage against rival nations, he said.

“The constant combat of the last 15 years has pushed the expertise of the case officer in the direction of the battlefield and in the direction of collecting intelligence to create physical effects,” said Hayden, using an intelligence euphemism for killing. “At the expense of what the old guys called long-range, country-on-country intelligence gathering.”

‘OPTIMIZING CAPABILITIES’

Brennan and the eight other senior CIA officials made the case that their modernization effort will address the needs and threats described by Hayden and others. Technological advances, they said, have leveled the intelligence playing field. The web’s low cost of entry, creativity and speed benefits governments, hackers and terrorists alike.

A veteran covert operative who runs a new CIA mission center compared Brennan’s reforms to the Goldwater-Nichols Act. The landmark 1986 legislation reorganized the U.S. military into a half dozen regional commands where the Army, Navy, Air Force and Marines work together. It was a response to inter-service rivalries that bedeviled the American military in Vietnam.

The CIA equivalent involves having the agency’s five main directorates – Operations (covert spies), Analysis (trends and prediction), Science and Technology (listening devices and other gadgetry) and Digital Innovation (online sleuthing) and Support (logistics) – provide the personnel needed by each regional mission center.

CORE MISSION: Former CIA Director Michael Hayden says the agency went deeply into anti-terrorist operations during the Bush years and needs to return to its traditional mission of spying. REUTERS/Brendan McDermid

Andrew Hallman, director of the new Directorate for Digital Innovation, said the CIA has embraced cloud computing as a way to better share intelligence. In a move that shocked insiders and outsiders, the CIA awarded an $600 million contract to Amazon in 2013 to build a secure cloud computing system where multiple CIA databases can be quickly accessed.

For decades, different directorates maintained their own separate databases as a security measure, said Hallman. Some of the applications the agency used were so old – up to 30 years – that the manufacturer was no longer in business.

Turning to Amazon was designed to immediately put private-sector computing advances at the fingertips of CIA operatives. It was also an admission that it was easier for the agency to buy innovation from the private sector than try to create it internally.

Several former CIA officials criticized the new team-focused system, saying it dilutes the cultures that made each agency directorate strong. The best analysts are deeply skeptical and need to be separated from covert operatives to avoid group-think, they said. And the best covert operatives are famously arrogant, a trait needed to carry out the extraordinarily difficult task of convincing foreigners to spy for America.

Richard Blee, a former CIA clandestine officer, said the agency needed reform but highlighted a separate problem created by technological change. Instant secure communications between CIA headquarters and officers in the field has centralized decision-making in Washington, Blee said. And regardless of administration, senior officials in Washington are less willing to take a risk than field officers – virtually all of whom complain about headquarters’ excessive caution.

“The mentality across the board in Washington is to take the lowest common denominator, the easiest option, the risk-free option,” Blee said. “The Chinese are taking tough decisions, the Russians are taking tough decisions and we are taking risk-averse decisions. And we are going to pay a price for that down the road.”

Brennan says his reforms will empower CIA officers: The integrated teams in each new mission center will improve speed, adaptability and effectiveness.

“To me, that’s going to be the secret of success in the future, not just for CIA but for other organizational structures,” Brennan said. “Taking full advantage of the tools, capabilities, people and expertise that you have.”

The old ways of spycraft, Brennan argues, are no longer tenable. Asked what worries him most, he gave a technocratic answer: Twentieth century American government management practices are being rendered obsolete in the digital age.

“U.S. decision making processes need to be streamlined and accelerated,” he said. “Because the problems are not going to wait for traditional discussions.”

THE LONG VIEW: CIA headquarters in Langley, Virginia. “I look out at the next 10, 20, 30 years, and I look at technology, I look at complexity, I look at the global environment,” Brennan says. “I think CIA really needs to up its game.” REUTERS/Jason Reed

—————

Digitizing the CIA

By David Rohde

Additional reporting by John Walcott and Jonathan Landay

Video: Zachary Goelman

Graphics: Christine Chan

Photo editing: Barbara Adhiya

Edited by Michael Williams

 

Final Report: How Latinos have Reshaped the Electoral Map

Mexican-Americans Are Reshaping the Electoral Map In Arizona — And The U.S.

Irma Maldonado in her dorm room at Grand Canyon University in Phoenix.
Irma Maldonado in her dorm room at Grand Canyon University in Phoenix.

All photographs by Caitlin O’Hara

 

PHOENIX — In an office suite not far from the airport, Irma Maldonado, 18, expertly role-played what she’d be doing on the city’s streets in half an hour: knocking on the doors of residents and exhorting them to vote. But not everything was a game. Before a group of young canvassers headed out for the day, a team leader at the community organizing group LUCHA mentioned that someone had earlier pulled a gun on two members of the team.

“Everything was OK,” the organizer said, but Maldonado and the 15 or so other teens and 20-somethings were given safety whistles before hitting the streets.

Maldonado has a personal stake in America’s immigration debate, which has been making headlines throughout the election, particularly because of Donald Trump’s description of Mexicans as rapists and his desire to have Mexico pay for a border wall.

 

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“Before going into high school — it was the summer of 2012 — my mother decided to self-deport to Mexico” with her two youngest children, Maldonado said. Maldonado, who was born and grew up in New Mexico, had a hard time adjusting to life in Nayarit, Mexico, a small state on the Pacific coast north of Puerto Vallarta, especially given that she hadn’t known her family’s status. “I think it was right when we had to move when I actually realized that my mom wasn’t actually legal here in the United States, when I was 14 years old,” she said. Her father, who has a green card, continues to work in New Mexico; Maldonado now is a first-year nursing student and lives with her 23-year-old sister in Arizona. Her mother and brother remain in Mexico.

Mexican-Americans such as Maldonado may help determine the political future of Arizona — and the nation — in a landmark election year. In an August survey, respondents were asked if Trump and Clinton made their respective parties more welcoming or more hostile to Latinos. Nine percent of Mexican-Americans said Trump made the GOP more welcoming; 74 percent said he made it more hostile. By contrast, 59 percent said Clinton made the Democratic party more welcoming; 9 percent said more hostile. An October poll by Latino Decisions found that 17 percent of Latino voters nationwide said they support Trump or are leaning toward him; 70 percent supported Clinton.

 

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In Arizona, a state long dominated by Republicans, Clinton and Trump are in a virtual tie, according to a Monmouth University Poll released last week. Latino voters, who make up a fifth of the state’s electorate, are supporting Clinton over Trump by 35 percentage points. And critical to the electoral vote, only 9 percent of Latino voters who support Trump are in battleground states. Overall, 13 percent of the eligible voters in battleground states are Latino.

Arizona “was this strong, powerful red,” said Pita Juarez, 29, the communications director for the One Arizona coalition, an umbrella group of 14 advocacy groups, including LUCHA, that is working to boost Latino voter turnout. “Just today, we saw on FiveThirtyEight … it’s a light blue. And that’s something that I thought, really, I would never see.” (Arizona has gone back and forth between light blue and light red in FiveThirtyEight’s forecast over the last few weeks. Currently, Trump has a slight edge in the state’s forecast.)

Gabriel Sanchez, a professor of political science at the University of New Mexico and a principal at the opinion research firm Latino Decisions, said Latinos are more enthusiastic about voting this year than in 2012, having been mobilized by Trump’s comments targeting Mexicans. He added that the Republican Party will have a hard time winning over Mexican-Americans in subsequent elections unless it supports comprehensive immigration reform.

Like black millennials, younger Latinos show much weaker enthusiasm for Clinton than their elders. According to the October GenForward survey, conducted over the first half of the month, 44 percent of Latinos ages 18-30 plan to vote for Clinton and 8 percent will vote for Trump, with 10 percent going to third-party candidates. Nineteen percent said they didn’t plan to vote, and 12 percent were undecided.1GenForward, a survey by the Black Youth Project at the University of Chicago and The Associated Press-NORC Center for Public Affairs Research, queries 18- to 30-year-olds and oversamples for Latino and nonwhite respondents, in this case with a total cohort of 1,832 respondents.

 

Irma Maldonado in math class and walking to her dorm room at Grand Canyon University.
Irma Maldonado in math class and walking to her dorm room at Grand Canyon University.

 

Mark Hugo Lopez, director of Hispanic research at the Pew Research Center, said that much of the growth in the Latino electorate in coming years will be from U.S.-born Latinos entering adulthood. Like other cohorts of younger voters they tend to be more supportive of bigger government, in contrast to older Mexican-Americans, who are more likely to hold conservative views. “Mexican-Americans are more likely to be Catholic than other groups of Latinos,” he said. “They are also more likely to be third or higher generation than other U.S. Latino groups and as a result to have served in the military. Both of these characteristics correlate with conservative views on many issues.” He noted that George W. Bush won at least 40 percent of the Latino vote in 2004.

 Mexican-Americans constitute 63 percent of the 57 million U.S. Latinos. Some Mexican-Americans can trace their heritage in New Mexico and other regions later acquired as U.S. territory back to the 1600s and earlier, while others are recent immigrants. Of the 35.8 million people of Mexican descent in the U.S., 68 percent are native born, and more than a quarter of those born in Mexico have become U.S. citizens. Separate estimates from the Pew Research Center indicate there were 5.8 million unauthorized Mexican citizens in America in 2014, 52 percent of the total unauthorized immigrant population. The Census Bureau considers Latinos in the U.S. to be an ethnicity, not a race, and thus Latino respondents can also mark any or multiple races; about a quarter identify as Afro-Latino. But only 1 percent of the population of Mexico is Afro-Latino, according to a recent census in that nation, the first to count the category.2The Census surveys of the diverse Latino population continue to evolve. One experimental survey design for the 2020 Census avoids using the terms race and ethnicity in the phrasing of the question entirely.

Nationwide, 11 percent of eligible voters are Latino, but in Arizona, 22 percent of eligible voters are. The state is currently going through a fierce local battle involving Sheriff Joe Arpaio that is arguably fanning the fires of Latino voter turnout as much as the national election.

Arpaio is an outsize figure who has served as Maricopa County sheriff for 23 years; run jails where the men must wear pink underwear and striped uniforms; and organized citizen border patrols with actor Steven Seagal. Arpaio also has a December court date on a contempt charge for violating a 2011 injunction against stopping people on the suspicion that they were not in the country legally. (He alleges the prosecution is politically motivated because of his support for Trump.) And just one week from now, Arpaio faces perhaps an even bigger challenge: a re-election bid with polls showing him trailing his challenger by 15 points.

LUCHA’s canvassers are campaigning against Arpaio, and there are indications that his presence on the ballot is motivating new voters. In Maricopa County, Democratic voter rolls rose by 13 percent since 2012, according to figures released in August, compared to a 7.6 percent increase for Republicans. And many Latinos register as independents but lean Democratic.

Some of the young activists who are canvassing for LUCHA are undocumented, according to One Arizona’s Juarez, and in other areas around the country with significant Latino populations, immigrants who are not yet on a path to citizenship are playing a role in the political process. One of them is Yessica Vasquez Moctezuma, 25, a bank teller, who will graduate this fall with a bachelor’s degree in political science from the University of Texas at San Antonio. She has been in the United States for 19 years, which means she was undocumented until 2012, at which point an executive order qualified her for temporary but renewable DACA (Deferred Action for Childhood Arrivals) status.

Vasquez Moctezuma is frank in her assessment of her family’s legal status, since her parents are not eligible for DACA and continue to work without documentation.

“We are breaking some laws just by being here illegally, but we bind to the laws here,” she said. “We pay our taxes every year, like any other citizen would.” She worries that her parents, who have paid into the Social Security system — which receives an estimated $12 billion a year from undocumented immigrants and their employers — will never receive benefits and will never be able to truly retire. Still, she said, “This is why I studied political science, because I love the government here. I feel like in so many ways it’s so great.”

For her part, Irma Maldonado said she is excited about voting in her first presidential election. After remaining undecided until early October, she decided to vote for Clinton. But she added, “Honestly, this election, a lot of people are not that pumped to vote. It’s really kind of sad.” The number of Mexican-American and Latino voters who show up on Nov. 8 could determine the outcome in her state, and possibly in the nation.

Illegals are Covered Under Obamacare, Words Matter

7 Years ago, Barack Obama delivered a speech declaring that Obamacare would not insure those that are here illegally. Congressman Joe Wilson yelled, ‘you lie’. Well Joe Wilson was right all along, so he deserves the apology.

CRS: The degree to which foreign nationals (noncitizens/aliens)1 should be accorded access to certain benefits as a result of their presence in the United States, as well as the responsibilities of such persons given their legal status (e.g., immigrants, nonimmigrants, unauthorized aliens), often figures into policy discussions in Congress. These issues become particularly salient when Congress considers legislation to establish new immigration statuses or to create or modify benefit and entitlement programs.

The 111th Congress enacted the Patient Protection and Affordable Care Act (P.L. 111-148), which has been amended by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and several other bills. (ACA refers to P.L. 111-148 as amended by P.L. 111-152 and the other legislation.)2 The ACA created new responsibilities (e.g., the requirement that most people in the United States obtain health insurance) and new benefits (e.g., tax credits to help certain people purchase health insurance), and it addressed the eligibility and responsibility of foreign nationals for these provisions. One issue that has arisen during debates to amend provisions in the ACA and during discussions of immigration reform is the eligibility of foreign nationals for some of the ACA’s key provisions.

This report opens with a discussion of several different statutory and regulatory definitions of lawfully present. On the surface, alien eligibility for provisions under the ACA appears straightforward. In general, those who are lawfully present are eligible, and those who are not lawfully present are not eligible. However, due to differing definitions of “lawfully present” and the interaction between the treatment of noncitizens under tax law, the Immigration and Nationality Act, and the ACA, the eligibility of individuals with certain immigration statuses for these provisions can become more complicated.

 

This report then analyzes the eligibility of foreign nationals for key provisions in the ACA that have restrictions based on immigration status: the requirement to maintain health insurance, the ability to purchase insurance through an exchange, and eligibility for the premium tax credit and cost-sharing subsidies.3 It includes consideration of the implementing regulations and the impact of the Supreme Court’s ruling in National Federation of Independent Business v. Sebelius.4 This report concludes with information on the alien-status verification process.

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Treatment of Noncitizens Under the Patient Protection and Affordable Care Act (ACA)

The following section discusses alien eligibility for the following provisions under the ACA: the health insurance mandate, the exchanges (the Marketplace), and premium tax credits and cost-sharing subsidies. In general, aliens are separated into two groups for eligibility purposes under the ACA: aliens who are “lawfully present in the United States” are eligible for these provisions, while aliens who are not “lawfully present in the United States” are ineligible.

Definition of Lawfully Present

One of the complexities of alien eligibility for the ACA stems from the difficulty of defining who is considered lawfully present. The regulations implementing the ACA define lawfully present to include immigrants, asylees/refugees, nonimmigrants, and most other noncitizens who are known to the U.S. government and have been given some type of permission to remain temporarily in the United States. (For the full list, see Appendix A.) “Lawfully present” was first defined by regulation in this context for the purposes of eligibility for the high risk pools for uninsured people with pre-existing conditions.5 Since then, all regulations regarding the ACA have referenced that definition for the health insurance mandate, the exchanges, and the premium credit and cost-sharing subsidies.6 The definition of lawfully present for the ACA is identical to the Center for Medicaid and Medicare Services (CMS) policy definition of “lawfully residing” for Medicaid and CHIP eligibility7 and is similar to the definition of “lawfully present” for Social Security eligibility.8

 

Nonetheless, “lawfully present” is not a term that is widely used within the Immigration and Nationality Act (INA). The INA divides foreign nationals into two general types of legal statuses for admission to the United States: immigrants and nonimmigrants. Under the INA, other aliens may have permission to be in the United States, but they do not have an immigration status. The term “lawfully present” in the INA is only defined in regards to noncitizen eligibility for Social Security.9 The INA also defines the term “unlawfully present” specifically for purposes of determining inadmissibility, but that definition is not equivalent to the definition of “lawfully present” for purposes of the ACA.

There are noncitizens who have temporary permission to remain in the Unites States under narrowly defined circumstances such as those with temporary protected status (TPS),11 withholding of removal,12 Deferred Enforced Departure,13 and parole14—often referred to as the “quasi-legal population.” This “quasi-legal” population is counted by researchers at the Department of Homeland Security (DHS) and at the Pew Research Center’s Hispanic Trends Project—the two main entities that estimate the unauthorized alien population—as part of the unauthorized (illegal) population. Although these “quasi-legal” migrants comprise a small percentage of the total noncitizen population, most are considered “lawfully present” for the purposes of the ACA.15 (For a discussion of these estimates, see Appendix B, “Estimates of the Noncitizen Population in the United States.”)

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Tax Treatment of Noncitizens

For purposes of the ACA, understanding the U.S. income tax treatment of noncitizens may be important for several reasons, including that any noncitizen who is a nonresident alien—which is a tax law term—is not subject to the individual mandate.22 Also, some might be interested in understanding the tax liability of noncitizens in light of the fact that the IRS may face difficulty in enforcing the mandate against any taxpayer (citizen or resident alien) who does not receive a tax refund.

For federal tax purposes, foreign nationals are classified as resident or nonresident aliens.23 These terms are used in the Internal Revenue Code (IRC) but do not exist in the Immigration and Nationality Act (INA).24 As a result, the specific immigration statuses under the INA do not align directly with the terms resident and nonresident alien.25

In general, an individual is a nonresident alien unless he or she meets the qualifications under either residency test:

Green card test: the individual is a lawful permanent resident of the United States at any time during the current year, or

 Substantial presence test: the individual is present in the United States for at least 31 days during the current year and at least 183 days during the current year and previous two years (counting all the qualifying days in the current year, one-third of the days in the prior year, and one-sixth of the days in the earliest year).

There are several situations in which an individual may be classified as a nonresident alien even though he or she meets the substantial presence test. For example, an individual will generally be treated as a nonresident alien if he or she has a closer connection to a foreign country than to the United States, maintains a “tax home” in the foreign country, and is in the United States for fewer than 183 days during the year.27 Another example is that an individual in the United States under an F-, J-, M-, or Q-visa—students, teachers, trainees, and cultural exchange visitors—may be treated as a nonresident alien if he or she has substantially complied with visa requirements.28 This treatment generally applies to foreign students (most foreign students are on F visas) for their first five years in the United States and to teachers and trainees for the first two years. (You can read the full report here if you can stand it.)

 

Russian Operations Inside the United States

This site has posted countless articles on Russia clandestine operations around the world and the blueprint for what Putin’s ultimate objective may be. Putin not only affects the United States but the UK spy chief is declaring the same thing.

MI5 head: ‘increasingly aggressive’ Russia a growing threat to UK

Exclusive: In first newspaper interview given by a serving spy chief, Andrew Parker talks of terror, espionage and balance between secrecy and privacy

 Andrew ParkerAndrew Parker said Russia was ‘using its whole range of state organs and powers to push its foreign policy abroad in increasingly aggressive ways’. Photograph: Jeff Overs/BBC/PA

Denial is a dangerous conditions and facts matter.

During the last months of the United States presidential campaigns, much has been investigated and written about how Moscow has injected itself into the process least of which is hacking….and the Kremlin does have global hacking operations without dispute.

Hillary and her team are targeting Donald Trump for his Russian connections and that is followed by Harry Reid saying the same. Intelligence briefings are given weekly to key members of Congress that have chairman positions on certain committees and Trump has been included in those. Two media outlets, Slate and the New York Times have provided some deep summaries of investigations between Trump and a Russian bank surrounding a server. White Hats performed these studies.

Then there is Hillary herself and at least two events for which she colluded with Russia. Secretary Clinton approved the Open Skies Treaty with Moscow but worse she was the marshal of the agreement with the Kremlin and an IT company called Skolkovo. This company is a high tech espionage operation. Due to WikiLeaks we cannot leave out Hillary chief campaign architect, John Podesta for his investments with Russian oligarchs.

Do we have such a short memory that we have deported countless Russian spies back to the motherland?

Brooklyn Resident And Two Russian Nationals Arrested In Connection With Scheme To Illegally Export Controlled Technology To Russia Defendants Used Brooklyn-Based Front Companies to Procure Sophisticated Military and Satellite Technology on Behalf of Russian End-Users

It must be noted with distinction that the FBI is the only agency that assigns agents to run covert operations to track foreign operatives. It is also noted that James Comey has stopped short of his own declaration as to whether Russia is involved in missions inside the United States when several other agencies have published statements that Russia has operations inside the United States. What Comey may be covering is a real time and ongoing mission to track and trace more than one case dealing with Russian intrusion and he does not want that cover blown. That is how it works.

Two U.S. Diplomats Drugged In St. Petersburg Last Year, Deepening Washington’s Concern

2015: FBI: We Busted A Russian Spy Ring In New York City

Ex-aide to Putin died of blunt force trauma at D.C. hotel, medical examiner says

Now, lets go back to Putin himself and the recent changes he has made to his own intelligence agencies, obviously we need reminders.

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Vladimir Putin resurrects the KGB

The new agency revives the name of Stalin’s secret police and will be larger and more powerful than today’s FSB.

By

Politico/MOSCOW — Soon after he was first appointed prime minister back in 1999, Vladimir Putin joked to an audience of top intelligence officers that a group of undercover spies, dispatched to infiltrate the government, was “successfully fulfilling its task.”

It turns out Putin doesn’t do jokes. Over Putin’s years in power, not just the Kremlin but almost every branch of the Russian state has been taken over by old KGB men like himself.

Last week news broke that their resurgence is soon to be topped off with a final triumph — the resurrection of the old KGB itself. According to the Russian daily Kommersant, a major new reshuffle of Russia’s security agencies is under way that will unite the FSB (the main successor agency to the KGB) with Russia’s foreign intelligence service into a new super-agency called the Ministry of State Security — a report that, significantly, wasn’t denied by the Kremlin or the FSB itself.

The new agency, which revives the name of Stalin’s secret police between 1943 and 1953, will be as large and powerful as the old Soviet KGB, employing as many as 250,000 people.

The creation of the new Ministry of State Security represents a “victory for the party of the Chekists,” said Moscow security analyst Tatyana Stanovaya, referring to the first Bolshevik secret police. The important difference is that, at its core, the reshuffle marks Putin’s asserting his own personal authority over Russia’s security apparatus.

Putin, who in 2004 said that “there is no such thing as a former KGB man,” has always had a complicated relationship with the FSB.

On the one hand, Putin has allowed the FSB to absorb pieces of the old KGB, chopped off when Boris Yeltsin tried to dismantle the once all-powerful Soviet security apparatus in the early 1990s. Under Putin, the FSB regained control over Russia’s borders, border troops, and electronic intelligence gathering. At the same time, former KGB men began their takeover of every institution of state, as well as Russian businesses.

But at the same time, Putin has made several attempts to reform and control the FSB. In 2007 he put his close ally Viktor Cherkesov in charge of the Federal Anti-Drug Agency and tasked it with investigating the murky business dealings of top FSB officers. When Cherkesov’s clean-up failed, Putin built up another rival security agency, the Investigative Committee, and tasked it, rather than the FSB, with investigating high-profile political murders like those of journalist Anna Politkovskaya and opposition politician Boris Nemtsov.

“The aim in all cases seems to be to replace old-guard Putin allies with younger, more loyal and less independent figures.”

Now, however, Putin seems to have put that divide-and-rule policy into reverse and is instead consolidating power into a pair of super-agencies: the National Guard — created in July, that united internal security troops under the Kremlin’s control — and now the new Ministry of State Security. Putin will personally control these super-agencies.

“On the night of September 18 to 19 … the country went from authoritarian to totalitarian,” wrote former liberal Duma deputy Gennady Gudkov on his Facebook page.

Further evidence of Putin’s gathering of power into his own hands is an ongoing purge launched over the summer that has already claimed the heads of the Federal Narcotics Service, Federal Protection Service (Putin’s bodyguard), the Federal Migration Service and Russian Railways, as well as the president’s Chief of Staff and personal confidant Sergei Ivanov.

The aim in all cases seems to be to replace old-guard Putin allies with younger, more loyal and less independent figures. The same pattern has been repeated among regional governors — four of whom have recently been sacked, and two replaced by Putin’s personal bodyguards.

Protect the regime

The creation of the Ministry of State Security is part of a “project aimed at replacing old allies with new ones,” said independent Moscow-based analyst Stanislav Belkovsky. Putin “dislikes being surrounded by people who feel untouchable because of their personal closeness to him. He doesn’t want to have anything to do with his old friends, he wants people who can execute his will.”

He’s even selected a hatchet man — Sergei Korolev, head of the FSB’s economic security department — to prosecute and eliminate any independent voices in the new Security Ministry, said Belkovsky.

The deeper significance of all these purges and reshuffles goes beyond just Kremlinology. They are clear signs of a regime bracing for trouble. Ever since oil prices began to tumble in 2013, the Kremlin has been preparing for unrest and discontent — primarily with the help of distractions such as annexing Crimea and the campaign in Syria. But Putin is preparing an iron fist too.

“I can’t remember a time when so many security service guys ascended to power at once” — Dmitry Gudkov, State Duma

“The KGB, it should be remembered, was not a traditional security service in the Western sense — that is, an agency charged with protecting the interests of a country and its citizens,” wrote security analyst Andrei Soldatov, founder of the Agentura.Ru website. “Its primary task was protecting the regime. Its activities included hunting down spies and dissidents and supervising media, sports, and even the church. It ran operations both inside and outside the country but, in both spheres, the main task was always to protect the interests of whoever currently resided in the Kremlin.”

That’s precisely what the Kremlin needs today as inflation remains in double digits and Russian business remains cut off from international financial markets and investment by Western sanctions over Ukraine.

“I can’t remember a time when so many security service guys ascended to power at once,” Dmitry Gudkov, an independent State Duma deputy, wrote of the summer’s purges on his Facebook page. “We don’t know anything about these people’s management expertise. Preparing the guns for battle, closing ranks — this is what these appointments are all about. [The Kremlin] can’t trust anyone but those in uniform.”

‘Terminator 2’

And there’s a final, more personal reason for Putin’s purge and revival of the Ministry of State Security.

“In some ways, this is a sign of Putin’s strength, because he feels confident enough to full, personal, authoritarian rule,” said Belkovsky, who advised the Kremlin in the mid-2000s. “It’s also a sign of weakness because the reason behind it is to defuse the possibility of a palace coup.” Putin is a “man of systems and institutions” according to Belkovsky and, as such, knows his allies are also the greatest threats to his rule.

In creating the super ministry, Putin is completing a full 25-year circle. When Boris Yeltsin came to power in 1991 in the wake of a hardline coup against Mikhail Gorbachev largely sponsored by the KGB and its boss, Vladimir Kryuchkov, Russia’s new leader attempted to create a security agency that would not meddle in politics or society and confine itself strictly to law enforcement.

Yeltsin failed. According to Soldatov, by the mid-1990s “various component parts and functions of the old KGB had begun to make their way back to the FSK, like the liquid metal of the killer T-1000 android in “Terminator 2” … slowly reconstituting itself after having been blown to bits.”

Now those bits have finally coalesced into a full-fledged replica of the original — but with one important difference. The new Ministry of State Security has been designed specifically as a guarantor of Putin’s rule.

Whoever heads the new ministry will certainly be an important political player — but it’s clear that the true head of both the Russian state and its new, consolidated security organs will be Putin himself.

That hasn’t happened since the rule of Yuri Andropov, KGB head-turned general secretary between 1982-84. He presided over a collapse in oil prices, a war in Afghanistan designed to boost the regime’s popularity that quickly turned disastrous, and finally an accelerating economic crisis that no amount of repression or propaganda could prevent from snowballing into collapse and revolution.

Putin is hoping that this time round, harsher repression and smarter propaganda will save him from the same fate.

***

Moscow Rules of Espionage Go Global—If You Think It’s KGB, It Is

As Russian spies play rough, ignoring Putin’s war against the West will only make it nastier

 

DoJ Just Entered the Huma Email Case and the Next Scandal

John Podesta’s Best Friend At The DOJ Will Be In Charge Of The DOJ’s Probe Into Huma Abedin Emails

Zerohedge: Now that the FBI has obtained the needed warrant to start poring over the 650,000 or so emails uncovered in Anthony Weiner’s notebook, among which thousands of emails sent from Huma Abedin using Hillary Clinton’s personal server, moments ago the US Justice Department announced it is also joining the probe, and as AP reported moments ago, vowed to dedicate all needed resources to quickly review the over half a million emails in the Clinton case.

The Associated Press  

@AP

BREAKING: Justice Dept. says it’ll dedicate all needed resources to quickly review emails in Clinton case.