Category Archives: Department of Homeland Security

Yup, He Commuted Another 111 Sentences

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Obama Commutes Sentences Of 111 Federal Inmates Convicted Of Non-Violent Drug Charges

 

WASHINGTON (AP) — President Barack Obama has cut short the sentences of 111 federal inmates in another round of commutations for those convicted of nonviolent drug offenses

Obama has long called for phasing out strict sentences for drug offenses, arguing they lead to excessive punishment and incarceration rates unseen in other developed countries.

White House Counsel Neil Eggleston says the commutations underscore the president’s commitment to using his clemency authority to give deserving individuals a second chance.

He says that Obama has granted a total of 673 commutations, more than the previous 10 presidents combined. More than a third of the recipients were serving life sentences.

Eggleston says he expects Obama to continue granting commutations through the end of his administration, but only legislation can ensure the federal sentencing system operates more fairly.

Prisoner applications are being reviewed by more than 1,000 attorneys at 323 law firms and organizations nationwide, pro bono. In the meantime, more than 35,000 inmates — about 16 percent of the federal prison population — have applied to have their sentences shortened under the Justice Department-led initiative. More her from the WashingtonPost.

This the program began under Eric Holder.

Obama has enacted his own SAFE Act, legislation that has not advanced, so he is using his pen and phone instead. Note the title ‘SAFE’….safe for who exactly?

The Safe, Accountable, Fair, and Effective (SAFE) Justice Act Rep. Jim Sensenbrenner and Rep. Bobby Scott

States Lead the Way in Corrections Reform

Since 1980, Congress has steadily increased the size and scope of the federal criminal code and with it the federal prison population. In that period, the federal government has added an estimated 2,000 new crimes to the books, while the federal imprisonment rate has grown by an astounding 518 percent. During the same period, annual spending on the federal prison system rose 595 percent, from $970 million to more than $6.7 billion, after adjusting for inflation.

Like the federal government, states also recorded sharp increases in imprisonment and associated costs over the past 30 years. During the past decade, however, the states have responded by reducing their imprisonment rate by 4 percent while the federal imprisonment rate jumped 15 percent. The state drop was driven in large part by comprehensive reform efforts in more than two dozen states designed to protect public safety while containing costs and preventing further growth in government programs.

These state reforms have returned dividends to taxpayers many times over: from Texas and Wisconsin to Rhode Island, from Georgia and South Carolina to New York, 32 states have reduced both their crime and imprisonment rates over the past five years. Cumulative cost savings in a subset of these states exceed $4.6 billion, and millions have been reinvested in prison alternatives better at breaking the cycle of recidivism.

The Safe, Accountable, Fair, and Effective (SAFE) Justice Act

The SAFE Justice Act is bipartisan legislation that puts lessons learned in the states to work at the federal level. The legislation protects public safety and reins in escalating corrections costs by –

Curtailing overcriminalization – requires public disclosure of regulatory criminal offenses; allows victims of regulatory over-criminalization to contact the inspector general; restores discretion to judges to determine to what extent manipulated conduct that results from fictitious law enforcement “stings” may be considered in court; protects against wrongful convictions; creates procedures to simplify charging and safely reduce pre-trial detention; and eliminates federal criminal penalties for simple drug possession in state jurisdictions.

Increasing use of evidence-based sentencing alternatives – expands eligibility for pre-judgment probation; promotes greater use of probation for lower-level offenders; and encourages judicial districts to open drug, veteran, mental health and other problem solving courts.

Concentrating prison space on violent and career criminals – clarifies original Congressional intent by examining the role an offender plays in a drug offense and targeting higher-level traffickers for mandatory minimums and recidivist enhancements; applies life sentences for drug trafficking only in the most egregious cases; allows eligible offenders to petition for resentencing under new trafficking laws; modestly expands the drug trafficking safety valve; clarifies that mandatory minimum gun sentences can only run consecutively when the offender is a true recidivist; and expands compassionate release for lower-risk geriatric and terminally-ill offenders.

Reducing recidivism – expands earned time to encourage more inmates to participate in individualized case plans designed to reduce their likelihood of reoffending; seeks to boost success rates of offenders on probation and post-prison supervision by mandating swift, certain and graduated sanctions for violations and offering credits for those who are compliant; creates a performance-incentive funding program; creates mental health and de-escalation training programs for prison personnel; and mandates the use of performance-based contracting for half-way houses.

Increasing government transparency and accountability – requires fiscal impact statements for sentencing and corrections bills; requires sentencing cost analyses to be disclosed in pre-sentencing reports; adds a non-voting federal defender rep. on the U.S. Sentencing Commission; requires the calculation of good time as Congress intended; requires federal agencies to report on corrections populations and recidivism rates, among other indicators; reauthorizes the Innocence Protection Act and directs the Attorney General to develop best practices to reduce wrongful convictions; and encourages prison savings to be invested in strengthening safety measures for law enforcement.

The Research Foundation for the SAFE Justice Act

The SAFE Justice Act, like the comprehensive corrections reforms enacted in many states, draws from the large and growing body of research about what works to reduce recidivism, including the following principles:

To deter offending, use swift and certain responses – Research demonstrates that delayed, unpredictable, and severe responses are less effective than swift, certain, and fair sanctions. Swift and certain responses—both punishments and rewards—are more effective because they help offenders see the response as a direct consequence of their behavior and because offenders heavily discount uncertain and distant responses.

States that have implemented swift and certain responses include Washington, Georgia, and West Virginia.

Earned time policies can reduce recidivism – Research demonstrates that rewards and incentives can work to change offending behavior and reduce recidivism. The benefits of earned time policies for inmates and earned compliance credits for offenders under probation or post-release supervision include lower costs (through accelerated release) and lower recidivism (by shifting correctional resources to those offenders who continue to violate rules and break laws).

States that have built earned time into their prison systems include Kentucky, Maryland, and Louisiana. States that have built earned time into their supervision systems include South Dakota, Mississippi, and Arkansas.

For drug offenders, sentence strategically – The most vicious, predatory and high-level drug offenders warrant prison cells to avert the harm they cause to individuals and communities, but research shows that long terms of incarceration for the vast majority of mid-level couriers, distributors and dealers has little impact on public safety. While imprisonment may temporarily disrupt a drug market, the “replacement effect”—whereby new recruits quickly replace those imprisoned for mid-level roles—negates the impact of incarceration on drug price, availability, or related crime. Instead, prison time should be focused on violent or kingpin drug traffickers who are controlling the marketplace.

States that have recalibrated their drug sentencing systems to differentiate higher-level from lower-level offenders include South Dakota, Georgia, and South Carolina.

Focus on high-risk offenders – For many lower-level offenders, especially those whose criminal conduct is driven largely by substance abuse, alternatives like drug and mental health courts, treatment programs, and intensive supervision both hold offenders accountable and work better to reduce recidivism. In fact, research suggests that for many lower-risk and less serious offenders a prison sentence may actually be responsible for an increase in recidivism by encouraging anti-social ties and breaking bonds at home.

States that have encouraged diversion of lower-level offenders to prison alternatives include Mississippi, California, and Illinois.

Age matters – Research has long shown that age is one of the most significant predictors of criminality, with criminal or delinquent activity peaking in late adolescence and decreasing significantly with time. As a result, imprisonment of offenders into their 50s, 60s and 70s provides diminishing and often negligible public safety returns. Implementing smart, targeted geriatric release programs can ensure heinous offenders remain behind bars while cutting down on costs and maintaining public safety.

States that have implemented geriatric or compassionate release programs include Alabama, Colorado, and Montana.

 

Cyber Intrusions on U.S. Voter Databases Point to Russia

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Read the 4 page report here: Russia hacks Voter Databases

NextGov: The FBI warned election officials to enhance the security of systems after it found evidence foreign hackers penetrated databases in two state systems, Yahoo reports.

An Aug. 18 bulletin from the FBI’s Cyber Division stated hackers were able to exploit a Structured Query Language injection vulnerability to exfiltrate data from one state’s Board of Election website in July and attempted intrusions on another’s in August. The FBI alert lists eight IP addresses for the perpetrators and one used in both incidents, indicating the attacks could be linked.

The methods, tools and a previously flagged IP address resemble other suspect Russian state-sponsored attacks, an expert told Yahoo News.

Election security has been a hot-button issue a series of suspected Russian-sponsored attacks compromised the Democratic Party and media organizations allegedly to sway voter opinion. Earlier this month, Homeland Security Secretary Jeh Johnson suggested the federal government label elections systems as critical infrastructure.

The FBI issued the bulletin three days after Johnson had a call with representatives from National Association of Secretaries of State and U.S. Election Assistance Commission to offer DHS assistance addressing cybersecurity risks within each state’s election systems.

At the time of the call, per Johnson, DHS was not aware of any credible cyberthreats related to 2016 general election systems. Some swing states declined DHS’ assistance, including Georgia and Pennsylvania, stating they will rely on in-house security crews.

The FBI bulletin asks states and election boards to review activity logs for similar tools and techniques, and report them to local FBI field offices.

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Homeland Security Secretary Jeh Johnson has promised state election officials his department’s assistance addressing cybersecurity risks within each state’s election systems.

Johnson made the remarks in a conference call with representatives from National Association of Secretaries of State, U.S. Election Assistance Commission and representatives from various federal agencies, including the Justice Department and the National Institute of Standards and Technology.

In an Aug. 15 readout of the call published by DHS, Johnson encouraged state election officials to implement recommendations from NIST and other bodies, such as ensuring electronic voting machines are disconnected from the internet during voting. Johnson said DHS has been exploring whether to designate electoral systems as critical infrastructure—and thus elevating its priority for protecting—in its discussions.

DoJ: Enforcing the Law is Discrimination

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Related reading: Report: U.S. Spent $1.87 Billion to Incarcerate Illegal-Immigrant Criminals in 2014 Read more at

Justice Dept.: Firing migrant workers with expired papers is discrimination

WashingtonExaminer: The Justice Department released a video this week encouraging companies not to terminate immigrants after their employment authorization expires, and indicated that doing so is a form of discrimination.

The video is shot in a dimly lit office, where two actors discuss whether their fictional company should let go of some Salvadoran employees who have failed to provide updated paperwork on their immigration status.

After a discussion about whether retaining the workers would violate the law, a woman says, “I think this is an exception to that rule,” and recommends that they contact the the Office of Special Counsel for Immigration Related Unfair Employment Practices before making any decisions.

“We want to follow the rules but we don’t want to lose these workers or discriminate against them,” she concludes. “They are too valuable.”

The video then tells viewers that the federal government has extended employment authorization by six months for people from El Salvador with Temporary Protected Status, a benefit designed to help foreign nationals who are considered unable to safely return to their home.

The Justice Department claims requesting additional work-authorization documents from these workers may violate a provision in the Immigration and Nationality Act (INA) designed to protect individuals from excessive employer demands based on their nationality.

“The Justice Department is firmly committed to protecting the rights of all work-authorized immigrants and ensuring that employers do not engage in unlawful discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division in a statement upon the video’s release on Thursday.

Related reading: Read the report on Obama Executive Action Removals Executive Action-Removals-SCOMM

MigrationPolicy: While much of the attention to the Obama administration’s announcement of executive actions on immigration in November 2014 has focused on key deferred action programs, two changes that have not faced legal challenge are in the process of being implemented and may substantially affect the U.S. immigration enforcement system. These changes include the adoption by the Department of Homeland Security (DHS) of new policy guidance on which categories of unauthorized immigrants and other potentially removable noncitizens are priorities for enforcement, and the replacement of the controversial Secure Communities information-sharing program with a new, more tailored Priority Enforcement Program (PEP).

The new policy guidance, which builds on previous memoranda published by the Obama administration in 2010 and 2011, further targets enforcement to noncitizens who have been convicted of serious crimes, are threats to public safety, are recent illegal entrants, or have violated recent deportation orders. MPI estimates that about 13 percent of unauthorized immigrants in the United States would be considered enforcement priorities under these policies, compared to 27 percent under the 2010-11 enforcement guidelines. The net effect of this new guidance will likely be a reduction in deportations from within the interior of the United States as DHS detention and deportation resources are increasingly allocated to more explicitly defined priorities.

By comparing the new enforcement priorities to earlier DHS removal data, this report estimates that the 2014 policy guidance, if strictly adhered to, is likely to reduce deportations from within the United States by about 25,000 cases annually—bringing interior removals below the 100,000 mark. Removals at the U.S.-Mexico border remain a top priority under the 2014 guidelines, so falling interior removals may be offset to some extent by increases at the border.

Taking the enforcement focus off settled unauthorized immigrants who do not meet the November 2014 enforcement priorities would effectively offer a degree of protection to the vast majority—87 percent—of unauthorized immigrants now residing in the United States, thus affecting a substantially larger share of this population than the announced deferred action programs (9.6 million compared to as many as 5.2 million unauthorized immigrants).

This report analyzes how many unauthorized immigrants fall within each of the new priority categories and how implementation of these priorities could affect the number of deportations from the United States, as well as what the termination of Secure Communities and launch of PEP could mean for federal cooperation with state and local authorities on immigration.

Germany: Merkel, What the Heck?

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Cant make this up, and it is an attitude and policy that is infectious especially with Barack Obama and Hillary Clinton.

German army wants security checks for recruits after admitting more than 60 Isil suspects in its ranks

German Defence Minister Ursula von der Leyen (CDU) speaking with soldiers 

Telegraph: The German army has said it wants tougher security checks on recruits after admitting that more than 60 Islamists are suspected of infiltrating its ranks.

In a draft amendment seen by German newspaper Welt am Sonntag, senior Bundeswehr officials said all applicants should be screened by the intelligence services for jihadist links before they begin basic training.

And they disclosed that 64 Islamists are already feared to have embedded themselves within the armed forces, along with 268 right-wing extremists and six left-wing extremists.

Terrorists are attracted to the army because they can use the training to plot future terror attacks in Germany, the document added.

“The German army trains all of its members in the handling and usage of weapons of war,” it said, “[terrorists] could use those skills acquired in the army to carry out well-prepared acts of violence at home or abroad.”

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The proposals would lead to a major overhaul of the country’s recruiting policy as under the current system soldiers are only checked for Islamist ties once they have enlisted.

They would  also require an extra 90 military officials to be hired in order to carry out a further 20,000 checks per year.

The reforms, which would cost an estimated 8.2 million euros (£6.9m) per year, are expected to be approved by German commanders next week, Welt am Sonntag reported.

A Defence Ministry spokesman said the government was still in the process of debating the law, which if approved would come into force in July 2017.

Germany is on high alert following a spate of deadly attacks last July, two of which were claimed by the Islamic State in Iraq and the Levant (Isil).

On July 18 an Afghan refugee attacked passengers with an axe on a regional train in southern Germany, injuring four people before he was shot by police.

Officials said they found an Isil flag in the 17-year-old’s room and it later emerged that he had pledged allegiance to the group in a video posted online.

A week later, on July 25th, a Syrian refugee blew himself up in the southern town of Ansbach, killing himself in the blast and wounding 12 others.

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When police raided his flat they found violent videos, bomb making materials and a message on his mobile phone in which he said he carried out the attack on behalf of  Isil leader Abu Bakr al-Baghdadi.

Thomas de Maziere, the German Interior Minister, has already called for tougher security measures which would include a ban on the burka and legal reforms that would make it easier to deport terror suspects.

He is also in favour of a Europe-wide proposal to force the developers of encrypted messaging services such as Telegram to hand over data to the security services.

Telegram has attracted controversy in the past for being popular among Isil fighters, who use the network to trade weapons and plot attacks while remaining anonymous.

Well there is more….Merkel is out of her mind…

Merkel ‘Underestimated’ Migrant Challenge: Vice Chancellor

Newsweek: German Vice Chancellor Sigmar Gabriel said in an interview on Saturday that Chancellor Angela Merkel’s conservatives had “underestimated” the challenge of integrating a record migrant influx.

08_28_germany_01 Immigrants are escorted by German police to a registration center, after crossing the Austrian-German border in Wegscheid near Passau, Germany, October 20, 2015. Reuters

Gabriel is also leader of the Social Democrats (SPD)—the junior coalition partner in Merkel’s government—and his comments come as campaigning gets underway for a federal election next year and for regional elections in Berlin and the eastern state of Mecklenburg-Vorpommern.

Hundreds of thousands of migrants flocked to Germany from the Middle East, Africa and elsewhere last year. Concerns about how to integrate them all into German society and the labor market are now rife and support for the anti-immigrant party Alternative for Germany (AfD) has grown.

“I, we always said that it’s inconceivable for Germany to take in a million people every year,” Gabriel said in extracts of an interview with broadcaster ZDF released on Saturday.

The head of the Federal Office for Migration and Refugees told newspaper Bild am Sonntag that Germany took in less than one million migrants last year and said he expected a maximum of 300,000 refugees to arrive in Germany this year.

At a separate news conference on Sunday, Gabriel said: “There is an upper limit to a country’s integration ability.”

He said Germany had 300,000 new schoolchildren due to the migrant influx and added that the country could not manage to integrate so many into the school system every year because there would not be enough teachers.

In the ZDF interview, Gabriel also criticized Merkel’s catchphrase “Wir schaffen das,” meaning “We can do this,” which she adopted during the migrant crisis last summer and has repeatedly used since.

Merkel used the phrase at a news conference she held in late July after a spate of attacks on civilians in Germany, including two claimed by the Islamic State militant group (ISIS), that have put her open-door migrant policy in the spotlight. Her popularity has slipped since those attacks.

Gabriel said repeating that phrase was not enough and the conservatives needed to create the conditions for Germany to be able to cope, adding that the conservatives had always blocked opportunities to do that.

Merkel’s migrant policy also drew criticism from Markus Soeder, a senior member of the Christian Social Union (CSU), the Bavarian sister party to Merkel’s Christian Democrats (CDU).

“Even with the best will in the world, we won’t manage to integrate so many people from totally different cultures,” Soeder told German magazine Der Spiegel.

Soeder said Germany needed to send several hundred thousand of refugees back in the next three years rather than bring their families here.

The CSU tends to talk tougher on immigration than the CDU and the two allies have often been at odds over how to respond to the migrant influx.

Iran Evaded Sanctions with Venezuela’s Help

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New evidence Iran evaded sanctions, continued nuclear weapons development with Venezuela

ForeignNewsDesk: New evidence suggests Iran received help from Venezuela with its nuclear program despite a decade of U.N.-mandated sanctions aimed at curbing the rouge regime’s controversial nuclear and ballistic missile programs.

iran_venezuela_nuclear

A 2009 document obtained by Brazil’s leading weekly, Veja magazine, shows late dictator President Hugo Chavez signing off on the release of funds to help Iran with its nuclear ambitions.

Specifically, the document states the funds were to be designated for the import of equipment for a gunpowder factory and the development of production plants for nitroglycerin and nitrocellulose, elements used in rocket propulsion for Iran’s government. There is also the suggestion that Chavez may have helped Iran produce rocket motors.

The document provides written proof that Iran successfully continued with its weapons-building program, circumventing what were perceived as ‘watertight’ sanctions.

The revelation comes as Iran’s Foreign Minister Javad Zarif is currently touring South America visiting Bolivia, Chile, Cuba, Ecuador Nicaragua and Venezuela, in what Iranian officials have billed as a “new chapter” in strengthening political and economic ties between Iran and South American countries.

“In my line of work, I can’t believe in coincidences. I can’t believe that $400 million was given to Iran in cash and now Zarif is running through Latin America. The Iranian regime understands that in Latin America corruption can be used to their advantage,” said Joseph M. Humire, executive director of the Center for a Secure Free Society, who points to the long-standing relationship between Venezuela and Hezbollah, Iran’s terror proxy.

Humire is also the co-editor of Iran’s Strategic Penetration of Latin America.

“Latin America is Hezbollah’s biggest cash cow. It would make sense that this is a very strategic visit by Zarif to continue some of Iran’s previous activities which were challenged because of sanctions,” Humire said, adding that Hezbollah has been deeply involved in drug trafficking in Latin America to offset any financial hardship brought about by the sanctions.

As a member state of the United Nations, Venezuela was obliged to cooperate with United Nations Security Council Resolution 1747 that unanimously called for a ban on arm sales to the Islamic republic.

But uncertainties were already high in 2009 when Turkey intercepted a suspicious shipment from Iran to Venezuela containing 22 containers of lab equipment capable of producing explosives but was labelled as “tractor parts.”

Humire, who has long analyzed Iran’s involvement in Latin America has studied twenty different transactions between the two countries in several areas, finding that even those dealings considered legal, were problematic due to the “dual use” that they could present.

“Iran’s secretive military programs go far beyond violating sanctions. It has to do with providing military and industrial support in these countries,” Humire said.

“At the far end of that, you can begin to speculate they are beginning to develop military assets.”

In a 2011 hearing at the U.S. Senate Armed Services Committee, then head of U.S. Southern command General Douglas Fraser told the committee that the U.S. was concerned about weekly flights between Venezuela and Iran dubbed the “Axis of Evil Express,” that could potentially be used to transport terrorists and weapons.

“My concern, as I look at it, is the fact that there are flights between Iran and Venezuela on a weekly basis, and visas are not required for entrance into Venezuela or Bolivia or Nicaragua,” Fraser told the hearing.

Another discrepancy in Iran’s investments in Venezuela, according to Humire, is considering that if the Iranian regime was after economic growth, they would go to “viable countries like Brazil, Colombia, not the ones that are broke, particularly with the heavy instability in Venezuela.”

Congress knows:

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