White House First Draft on Nuclear Weapons First Use

WASHINGTON — A newly drafted United States nuclear strategy that has been sent to President Trump for approval would permit the use of nuclear weapons to respond to a wide range of devastating but non-nuclear attacks on American infrastructure, including what current and former government officials described as the most crippling kind of cyberattacks.

For decades, American presidents have threatened “first use” of nuclear weapons against enemies in only very narrow and limited circumstances, such as in response to the use of biological weapons against the United States. But the new document is the first to expand that to include attempts to destroy wide-reaching infrastructure, like a country’s power grid or communications, that would be most vulnerable to cyberweapons.

The draft document, called the Nuclear Posture Review, was written at the Pentagon and is being reviewed by the White House. Its final release is expected in the coming weeks and represents a new look at the United States’ nuclear strategy. The draft was first published last week by HuffPost.

It called the strategic picture facing the United States quite bleak, citing not only Russian and Chinese nuclear advances but advances made by North Korea and, potentially, Iran.

As an aside, Reuters is reporting that President Donald Trump complained on Wednesday that Russia was helping North Korea to evade international sanctions, signaling frustration with a country he had hoped to forge friendly relations with after his 2016 election win.

Image result for nuclear posture review photo

But back to the nuclear posture review and first strike options.

The draft document is here.

trump nuclear posture review cyberattacks

Russia and China are reportedly working on fourth-generation nuclear weapons, nuclear weapons in which certain nuclear effects are enhanced and others diminished, for example, nuclear weapons with enhanced radiation or electromagnetic-pulse effects.18

According to General Paul Selva, Vice Chairman of the Joint Chiefs of Staff, Russia is “developing new nonstrategic nuclear weapons.”19

U.S. House Armed Services Committee, “Statement of General Paul Selva, USAF, Vice Chairman of the Joint Chiefs of Staff Before the 115th Congress, House Armed Services Committee, Military Assessement of Nuclear Weapons Requirements,” March 8, 2017, p. 4, http://docs.house.gov/meetings/AS/AS00/20170308/ 105640/HHRG-115-AS00-Wstate-SelvaUSAFP-20170308.pdf (accessed May 10, 2017).

It is very hard to harden the infrastructure, whether civilian or military, when one does not properly understand how these effects might impact current systems. Yield-producing experiments would help the U.S. better understand what kind of shielding and hardening its systems might need in order to remain survivable in the case of a nuclear attack. There are also countries, such as North Korea, India, and Pakistan, that have (recently, in the case of North Korea) conducted relatively large underground nuclear weapon tests.

History teaches that unless regularly exercised, skills to conduct a meaningful nuclear warhead experiment atrophy quickly. The United States agreed to a nuclear-test moratorium between 1958 and 1961. In just three years, the skills needed to conduct a meaningful experiment had deteriorated, and lessons learned had to be painfully re-learned. The United States conducted its last yield-producing nuclear weapon test in 1992. It seems likely that the nation would not be able to perform a meaningful nuclear weapons test even if it needed to, for instance, if an error in the stockpile were discovered that required an experiment to ensure that this error was corrected.20

Bill Gertz, “Los Alamos Expert: U.S. Unable to Conduct Nuclear Tests,” Washington Free Beacon, March 2, 2017, http://freebeacon.com/national-security/los-alamos-expert-u-s-unable-conduct-nuclear-tests/ (accessed April 5, 2017).

The concern does not have to do with the U.S. ability to detonate a nuclear weapon as much as it does with the U.S. ability to prepare the grounds, people, and necessary technical equipment to collect data from the test itself. There are fewer and fewer people in the United States who have hands-on experience with such equipment and its instrumentation. As with many hard skills, these can be only properly learned by doing.

There is no demonstrated link between the number of U.S. nuclear weapons and the number of nuclear-armed states. Countries have their own reasons for pursuing nuclear weapons.

U.S. experts with nuclear-testing experience are worried about “the steady degradation of U.S. nuclear test readiness” and question whether the Department of Energy has “any realistic appreciation for what nuclear testing involves or how to stay prepared to do it again within 24–36 months, as legally required by Presidential Decision Directive 15 (1993).”21

John Hopkins, “Nuclear Test Readiness. What Is Needed? Why?” National Security Science, December 2016, http://www.lanl.gov/discover/publications/national-security-science/2016-december/_assets/docs/NSS-dec2016_nuclear-test-readiness.pdf (accessed April 5, 2017).

The United States lacks specialized skills and equipment to conduct a meaningful nuclear weapons test. Even more seriously, it lacks the skills that would allow such a test to be conducted. Reconstitution of this important capability is not a viable option as the whole process would have to be reinvented. Read the summary argument for why this review is required.

Maoist Confucius Institute Infecting U.S. College Campuses

A China Post article reported in 2014 that “Certainly, China would have made little headway if it had named these Mao Institutes, or even Deng Xiaoping Institutes. But by borrowing the name Confucius, it created a brand that was instantly recognized as a symbol of Chinese culture, radically different from the image of the Communist Party. Where indoctrination is incubated and spies are made, courtesy of China and idiot university presidents.

Modern day Mao era propaganda and education explained.

Thank you Ethan Epstein:

Last year, the University of North Carolina at Charlotte made an announcement to great fanfare: The university would soon open a branch of the Confucius Institute, the Chinese government-funded educational institutions that teach Chinese language, culture and history. The Confucius Institute would “help students be better equipped to succeed in an increasingly globalized world,” says Nancy Gutierrez, UNC Charlotte’s dean of the College of Liberal Arts and Sciences, and “broaden the University’s outreach and support for language instruction and cultural opportunities in the Charlotte community,” according to a press release.

Image result for Confucius Institute photo and more information

But the Confucius Institutes’ goals are a little less wholesome and edifying than they sound—and this is by the Chinese government’s own account. A 2011 speech by a standing member of the Politburo in Beijing laid out the case: “The Confucius Institute is an appealing brand for expanding our culture abroad,” Li Changchun said. “It has made an important contribution toward improving our soft power. The ‘Confucius’ brand has a natural attractiveness. Using the excuse of teaching Chinese language, everything looks reasonable and logical.”

Li, it now seems, was right to exult. More than a decade after they were created, Confucius Institutes have sprouted up at more than 500 college campuses worldwide, with more than 100 of them in the United States—including at The George Washington University, the University of Michigan and the University of Iowa. Overseen by a branch of the Chinese Ministry of Education known colloquially as Hanban, the institutes are part of a broader propaganda initiative that the Chinese government is pumping an estimated $10 billion into annually, and they have only been bolstered by growing interest in China among American college students.

Yet along with their growth have come consistent questions about whether the institutes belong on campuses that profess to promote free inquiry. Confucius Institutes teach a very particular, Beijing-approved version of Chinese culture and history: one that ignores concerns over human rights, for example, and teaches that Taiwan and Tibet indisputably belong to Mainland China. Take it from the aforementioned Li, who also said in 2009 that Confucius Institutes are an “important part of China’s overseas propaganda set-up.” Critics also charge that the centers have led to a climate of self-censorship on campuses that play host to them.

Despite years of these critiques—including a recent outcry at the University of Massachusetts at Boston and the shuttering of Confucius Institutes at two of the nation’s top research universities—they’re still growing in number in the United States, albeit at a slower clip than a few years ago. Several opened on American campuses last year. And vanishingly few schools have rethought the institutes and closed them, suggesting that once they’re implanted, they’re entrenched. At several campuses, they’re actually expanding their footprints with bigger facilities and new courses. I contacted more than a half-dozen Confucius Institutes, and several officials said in interviews that they’re not looking back. (Others declined to comment or simply ignored me, further suggesting a commitment to keeping the Institutes going. The Chinese Embassy in Washington also did not respond to a request to comment by publication time.)

That so many universities have welcomed the Confucius Institute with open arms points to another disturbing trend in American higher education: an alarming willingness to accept money at the expense of principles that universities are ostensibly devoted to upholding. At a time when universities are as willing as ever to shield their charges from controversial viewpoints, some nonetheless welcome foreign, communist propaganda—if the price is right.

“Coordinate the efforts of overseas and domestic propaganda, [and] further create a favorable international environment for us,” Chinese minister of propaganda Liu Yunshan exhorted his compatriots in a 2010 People’s Daily article. “With regard to key issues that influence our sovereignty and safety, we should actively carry out international propaganda battles against issuers such as Tibet, Xinjiang, Taiwan, human rights and Falun Gong. … We should do well in establishing and operating overseas cultural centers and Confucius Institutes.”

Liu’s orders have been heeded. The first Confucius Institute opened in South Korea in 2004. They quickly spread to Japan, Australia, Canada and Europe. The United States, China’s biggest geopolitical rival, has been a particular focus: Fully 40 percent of Confucius Institutes are stateside. In addition to the Institutes at universities, Hanban also operates hundreds of so-called Confucius Classrooms in primary and secondary schools. The public school system of Chicago, for example, has outsourced its Chinese program to Confucius Classrooms.

Beijing treats this project seriously, as evidenced by who runs the show. Hanban (shorthand for the ruling body of the Office of Chinese Language Council International, a branch of the Ministry of Education) is classified technically as a nonprofit agency, but it is dominated by Communist Chinese officialdom. Representatives from 12 top state agencies—including the Ministry of Foreign Affairs and the State Press and Publishing Administration, a propaganda bureau—sit on its executive council. Hanban’s director general is on the Chinese state council, the 35-member board that basically runs the country.

Hanban has been shrewd in compelling universities to host Confucius Institutes. Marshall Sahlins, a retired University of Chicago anthropologist and author of the 2014 pamphlet Confucius Institutes: Academic Malware, reports that each Confucius Institute comes with “$100,000 … in start up costs provided by Hanban, with annual payments of the like over a five-year period, and instruction subsidized as well, including the air fares and salaries of the teachers provided from China. … Hanban also agrees to send textbooks, videos, and other classroom materials for these courses—materials that are often welcome in institutions without an important China studies program of their own.” And each Confucius Institute typically partners with a Chinese university.

They’re kind of like restaurant franchises: Open the kit, and you’re in business. American universities can continue to collect full tuition from their students while essentially outsourcing instruction in Chinese. In other words, it’s free money for the schools. At many (though not all) Confucius-hosting campuses, students can receive course credit for classes completed at the institute.

But the institutes go to some length to obscure their political purpose. There’s the name, for example: Most Americans associate Confucius with wisdom, or cutesy aphorisms. It’s likely the centers would be less successful were they called Mao Institutes. The Institutes also offer a plethora of “fun” classesnot for academic credit, and often open to members of the general public—in subjects like dumpling making and tai chi.

The Chinese teachers are thoroughly vetted by Hanban, according to Sahlins’ report. They “must have a strong sense of mission, glory, and responsibility and be conscientious and meticulous in [their] work,” Hanban says. They’re also explicitly instructed to toe Beijing’s line on controversial political questions. There can be no discussion whatsoever of human rights in China, or the Tiananmen Square massacre. Sahlins found that should a student raise an uncomfortable question about, say, the political status of Tibet, Hanban’s instructors are ordered to refocus the discussion on, say, Tibet’s natural beauty or indigenous cultural practices (which, ironically, Beijing has spent decades stamping out).

Matteo Mecacci of the advocacy group International Campaign for Tibet requested a sampling of the Institute’s course materials from a D.C. area university several years ago. “Instead of scholarly materials published by credible American authors, not to speak of Tibetan writers, what we received were books and DVDs giving the Chinese narrative on Tibet published by China Intercontinental Press,” he wrote in Foreign Policy, “which is described by a Chinese government-run website as operating ‘under the authority of the State Council Information Office … whose main function is to produce propaganda products.’”

One student I spoke to—a junior at the University of Kentucky, which is home to a Confucius Institute—recalls attending a Confucius event at which another student, who was considering studying abroad in China, asked about the air pollution there. The response from the Confucius faculty was that the reports of pollution were “misinformation promoted in the U.S. media.” The student says Confucius faculty also “glorified and glossed over” negative aspects of Chinese culture and politics. Another student, a Kentucky senior who has taken classes at the same Confucius Institute, agrees that the institute “promotes an overly rosy picture of Chinese culture,” though, the student adds, “I don’t think it’s a problem for students to take advantage of [Confucius Institute] resources as long as they view the institute with a critical eye and round out their perspective on China with other experiences and points of view.”

Meanwhile, if Hanban’s instructors are not adequately vetted back home, there can be trouble. Consider the case of Sonia Zhao. Zhao, a Chinese national, was dispatched by Hanban to McMaster University in Hamilton, Ontario, in 2011 to teach Chinese language. She’s also a practitioner of Falun Gong, the Buddhist-tinged spiritual movement that Beijing despises as a threat to its authority. Zhao quit a year into her tenure, arguing that McMaster University was “giving legitimization to discrimination.” That’s because, in order to secure her employment with Hanban, Zhao said she was forced to disguise her fealty to Falun Gong. Her employment contract with Hanban explicitly stated that she was “not allowed to join illegal organizations such as Falun Gong,” she said. This kind of open religious discrimination is illegal in Canada, as it would be in the United States. McMaster University, in light of this disclosure, subsequently shuttered its Confucius Institute in 2013, citing the institute’s “hiring practices.”

Self-censorship has become an issue as well. In 2008, a court in Israel found that Tel Aviv University, home to a Confucius Institute, had illegitimately closed an art exhibition on Falun Gong because of Chinese government pressure. A year later, North Carolina State University, host to a Confucius Institute, scuttled a planned appearance by the Dalai Lama for fear of Chinese backlash: The director of the Institute warned NC State officials that such a visit could hurt “strong relationships we were developing with China.” A few years later, similar events transpired at the University of Sydney in Australia, which drew heat from members of the Parliament of Australia.

***

In recent weeks, I contracted administrators at several universities with Confucius Institutes, primarily ones that had opened recently, and none expressed regret or indeed much concern. The George Washington University, the private university nestled in the heart of the nation’s capital, has hosted a Confucius Institute for several years. The institute’s founding director, Peg Barratt, says her university’s “eyes were open” when GW opened its center in in 2013. “We were aware there was some controversy” surrounding Confucius Institutes when other universities opened theirs, she told me. “Some [other universities] had internal censorship,” she readily acknowledges. Nonetheless, she says the Institutes are innocuous, modeled, she argues, on European cultural institutes like the British Council, Goethe Institute and Alliance Française. Of course, not only are Great Britain, Germany and France not communist regimes, but those institutes are standalone enterprises, not on college campuses.

Western Kentucky University, where the Confucius Institute is expanding—it just moved into a new building—also defends its partnership. Terrill Martin, director of the Institute, told me, “I don’t believe the Confucius Institute program is controversial at all. I just believe that people don’t understand, don’t ask the right questions and make a lot of unfounded assumptions about the program, based on the failures of a few.”

Nancy Gutierrez, at the University of North Carolina at Charlotte, says the institute there will fill an unmet need. “We made the decision to host a [Confucius Institute] because we believe that this partnership will allow us to expand understanding of Chinese culture very broadly—for community members and for our students,” she says. In other words, Hanban can provide resources that UNC presently can’t. Gutierrez also says, “A faculty advisory committee will provide the intellectual guidance … ensuring that we are guided by principles of academic freedom.” And she notes that Confucius Institute courses will not offer academic credit at UNC Charlotte—at least not yet. The same is true at Western Kentucky University.

Eric Einspruch, who chairs Portland State University’s Confucius Institute, also defends it: The Confucius Institute simply offers “noncredit Chinese courses, cultural programs of interest to the community, and faculty-initiated scholarly activity,” he says. But even the Institute’s innocuous-seeming language courses have come in for criticism. They only teach simplified characters, which are used on Mainland China but not in Taiwan, Hong Kong or Singapore, estranging language learners from Chinese texts produced anywhere but the Mainland.

One institution that bucked the trend was the University of Chicago. The school opened a Confucius Institute in 2010, which quickly proved controversial. To Bruce Lincoln, a now-retired religion professor at Chicago who then served on the faculty senate, the Confucius Institute represented the “subcontracting [of the] educational mission” in the United States—a “hostile takeover of U.S. higher education by a foreign power,” as he told me. (Prior to his battle against the Confucius Institute, Lincoln was involved in another fight at the University of Chicago, against the establishment of a Milton Friedman Institute, which would have been largely funded by conservative donors. That too represented a subcontracting of the education mission, he believes—in this case, the “corporatization of universities.”)

When Hanban’s contract came up for renewal in 2014, Lincoln, along with Marshall Sahlins, led a petition drive, which garnered the support of more than 100 other faculty members, demanding that the contract be canceled. (There was very little student involvement, Lincoln says.) That year, the University of Chicago booted the Institute because of academic freedom concerns. Chicago’s move won praise from outlets as ideologically diverse as Forbes and the New York Review of Books. Shockingly few universities have followed Chicago’s lead, though, Penn State being one notable exception; it also closed its institute in 2014, as well.

Many of those universities who maintain Confucius Institutes appear to go to great lengths to shield them from criticism. Last year, Rachelle Peterson released a thorough report about Confucius Institutes for the National Association of Scholars, a right-leaning academic organization where Peterson is a scholar. At the heart of her report were 12 case studies of Confucius Institutes at New York and New Jersey universities. Over the course of her reporting, Peterson says, “There were a lot of unanswered emails, a lot of unanswered phone calls” (an experience shared by this journalist). When she did manage to set up interviews with Confucius Institute staff, they were often canceled at the last minute, like those at the University of Albany and the University of Binghamton. Another time, when she managed to secure an interview with a Confucius Institute staff member, he insisted that the meeting “happen in a basement … not in his office.” He seemed afraid of being caught, she says.

The most disturbing event transpired at Alfred University in upstate New York. There, Peterson, says, she had “called the Confucius Institute, spoken to a teacher … and received permission to sit in on [a class].” As she observed the Chinese-language class, she recalls, the provost of the university charged into the classroom, interrupting the lesson. He ordered her removal from the classroom and told her she had to leave the campus immediately. The provost and a Confucius staffer swiftly escorted her off campus. (Alfred University did not respond to a request for comment asking to confirm or deny Peterson’s account.)

Today, there are signs of a nascent, if isolated, backlash. Just last month, a group of students and alumni from UMass Boston, home of the Bay State’s only Confucius Institute, wrote a letter to the school’s chancellor expressing deep concern that the university is “unwittingly assisting the Chinese government to promote censorship abroad, while undermining human rights and academic freedom.” The UMass group requested a meeting with the chancellor to discuss their concerns, but according to Lhadon Tethong, a pro-Tibet activist who helped spearhead the letter, that request has yet to be answered. (A spokesperson for the university told the Boston Globe that the institute has succeeded in promoting “the mutual understanding of language and culture.”)

The National Association of Scholars suggests universities shutter their Confucius Institutes. But such counsel is hardly limited the ideological right. The American Association of University Professors, America’s leading professorial guild, also recommended in 2014 that “that universities cease their involvement in Confucius Institutes unless the agreement between the university and Hanban is renegotiated,” so that the universities have unilateral control over the curriculum and faculty, Confucius faculty have the same rights of free inquiry as their fellow teachers, and contracts between Hanban and the partner universities are made public. Nonetheless, none of the schools I contacted said that they had any plans to shutter or reform their institutes.

***

Instead, Confucius Institutes continue their forward march. In 2015, they opened at Tufts University, New Jersey City University, Southern Utah University and Northern State University in South Dakota. In 2016, Savannah State University added one. And last year, in addition to UNC-Charlotte, Transylvania University in Kentucky is launching a new branch. Gutierrez of UNC concedes that, when her school announced it would open one earlier last year, many faculty members were concerned and “raised serious questions.” But the structure the school developed—so as not allowing courses to be taken for credit—allayed such fears, she says.

Confucius Classrooms, for younger students, are also ascendant these days: In October, local media reported that three new ones would be planted in Texas public schools, and UMass Boston is helping develop them at schools in Massachusetts, including the prestigious Cambridge Rindge and Latin School, where a Confucius Classroom just launched. At scores of universities, meanwhile, the institutes are expanding both physically and programmatically. New courses and scholarships at existing ones are announced all the time. And they’re growing rapidly overseas, particularly these days in Africa, where China has been aggressively expanding its footprint in recent years.

Lincoln, of the University of Chicago, says the institutes have proved successful, in a sense, because Hanban offers a “cheap way to teach classes that [otherwise] wouldn’t have been taught.” Public universities have suffered punishing funding cuts over the past decade: “A decade since the Great Recession hit, state spending on public colleges and universities remains well below historic levels, despite recent increases,” reads a recent report from the left-leaning Center on Budget and Policy Priorities. According to the Center, adjusting for inflation, public spending on community colleges and universities was about $9 billion below 2008 levels in 2017. It’s unsurprising, then, that many institutes have sprung up at public universities, or that a huge amount of growth occurred from 2010 to 2012, when budgets were particularly hard hit. But those conditions could return: President Donald Trump’s proposed 2018 budget would also severely slash funding for universities, likely pushing more schools to outsource programs.

The Economist, meanwhile, estimates that China is spending $10 billion a year to promote its image abroad through efforts like cultural festivals, foreign media (think of those China Daily inserts that are slipped into the Washington Post) and educational exchanges. Confucius Institutes are a vital part of this mission. It’s not hard to envision how they might work, for example, by one day weakening Americans’ loyalty to Taiwan.

It seems that Beijing probed, and found a weakness: money. It may be intellectually indefensible for universities to host Confucius Institutes, but at a time of reduced funding, it makes eminent sense. How ironic that the ostensibly communist Chinese seem to understand financial imperatives better than we Yankees do.

*** Meanwhile: Cases of individuals spying on the United States of America on behalf of the intelligence services of the People’s Republic of China.

 

 

DoJ Official Explains the Terror and Immigration Report

Politico published an item regarding the White House press briefing on 1/17/2018 where a Justice Department official, Ed O’Callaghan explained several terror cases inside the United States had connective tissue to chain migration as well as illegal immigration in an effort to give rise to the whole debate on Capital Hill as it relates to DACA, funding the border wall and shutting down the Federal government if no deal is reached. The only paragraph that did not have some bias slant to it is:

The report’s release, part of an executive order signed by President Donald Trump last year, comes as the White House is pushing for changes in the U.S. immigration system that would end the diversity visa lottery program — through which a terrorist who killed eight people with a rented truck entered the U.S. — and chain migration, the practice of legal immigrants sponsoring family members’ entry into the country.

So, what is in this report?

 

Executive Order 13780 Section 11 Report – Final by zerohedge on Scribd

Most of the critical national security enhancements implemented and effectuated as a result of Executive Order 13780 are classified in nature, and will remain so to prevent malicious actors from  
exploiting our immigration system.
However, to “be more transparent with the American  people and to implement more effectively policies and practices that serve the national interest,” Section 11 of Executive Order 13780 requires the Secretary of Homeland Security, in consultation with the Attorney General, to collect and make publicly available the following information:
(i) Information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation with or provision of material support to a terrorism-related organization, or any other national-security-related reasons;
(ii) Information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and who have engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States;
(iii) Information regarding the number and types of acts of gender-based violence against women, including so-called “honor killings,” in the United States by foreign nationals; and, (iv) Any other information relevant to public safety and security as determined by the Secretary of Homeland Security or the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
According to a list maintained by DOJ’s National Security Division, at least 549 individuals were convicted of international terrorism-related charges in U.S. federal courts  between September 11, 2001, and December 31, 2016. An analysis conducted by DHS determined that approximately 73 percent (402 of these 549 individuals) were foreign-born. Breaking down the 549 individuals by citizenship status at the time of their respective convictions reveals that:
1. 254 were not U.S. citizens;
2. 148 were foreign-born, naturalized and received U.S. citizenship; and,  
3. 147 were U.S. citizens by birth.
 8 specific cases were listed in the report with a summary of each case. The Boston bombers were not listed in this report. They went from a tourist visa, to asylum status, to green card and one got citizenship. We also have the San Bernardino killers that arrived on a marriage visa and a cultural visa. Both of those have stay limits. The argument here in both cases they are in the spirit of chain migration.
Diplomatic favors? How about that Christmas Day bomber? How was he granted a visa?

The Christmas Day bomber, Umar Farouk Abdulmutallab, had initially had his visa denied in 2004, four years prior to his 2008 application. In 2004, he applied again, and the initial denial was overturned because a supervisory consular officer decided Abdulmuttalab’s father was too prominent in Nigerian politics and finance to upset the U.S. diplomatic applecart in that country and deny his son a visa. Ironically, this was the same father who four years later visited the U.S. embassy in Nigeria and sought to help the U.S. keep his son out of the U.S., only subsequently to have the U.S. decide he was not important enough to listen to.

The legal kicker in this visa story is that on Abdulmuttalab’s 2008 application, he lied and said he had never received a prior denial, enough to deny him a visa under law and keep him out of the country. As the matter was “considered resolved,” State Department did not look again at the 2004 denial when the young Al Qaeda operative sought another visa in 2008. Instead, he was granted the multi-year visa he used to attend an Islamic convention in Houston in 2008 and again for airline check-in on Christmas Eve.

This is incredibly embarrassing to the State Department. Despite State’s spin on this “new” fact, what this makes clear is that: (1) the intelligence community was not primarily to blame after all for failure to revoke the visa, as it should never have been issued in the first place; but (2) raises – once more – a larger issue of the State Department’s policies regarding visa issuance; and (3) whether State should continue to be responsible for the visa process. More here.

The Democrats are in a pre 9/11 mentality. After the 9/11 Commission Report, recommendations and solutions were drafted of which the congressional leaders all approved. In particular, go to page 24 of the summary as it relates to immigration.

Article 32, Negligent Homicide Against 2 Naval Commanders

Article 32 is a thorough and impartial investigation and proceeding under the U.S. Uniform Code of Military Justice. This hearing is required to determine if the case should move forward to that of a court martial.

USS Fitzgerald (DDG-62) commander Cmdr. Bryce Benson, executive officer Cmdr. Sean Babbitt and command master chief CMC Brice Baldwin were removed from their positions by U.S. 7th Fleet commander Vice Adm. Joseph Aucoin this week based on the early results of several investigations into the June 17 collision between the destroyer and the merchant ship ACX Crystal. “Several junior officers were relieved of their duties due to poor seamanship and flawed teamwork as bridge and combat information center watchstanders. Additional administrative actions were taken against members of both watch teams,” read the statement.
“The collision was avoidable and both ships demonstrated poor seamanship. Within Fitzgerald, flawed watch stander teamwork and inadequate leadership contributed to the collision that claimed the lives of seven Fitzgerald sailors, injured three more and damaged both ships.”

USS John S. McCain (DDG-56) commander Cmdr. Alfredo J. Sanchez and executive officer Cmdr. Jessie L. Sanchez were removed from their positions by U.S. 7th Fleet commander Vice Adm. Phil Sawyer, “due to loss of confidence.”

The removals are a result of an ongoing investigation into the collision that cost the lives of 10 sailors and resulted in hundreds of millions of dollars of damage to the ship.

***

USNI: The commanders of the two guided-missile destroyers that were involved in fatal collisions with merchant ships in 2017 will face military criminal charges that include charges of dereliction of duty, hazarding a vessel and negligent homicide, after the two incidents that resulted in the death of 17 sailors total, USNI News has learned.

Cmdr. Bryce Benson, former commander of USS Fitzgerald (DDG-62), along with three Fitzgerald junior officers, face a mix charges that include dereliction of duty, hazarding a vessel and negligent homicide related to the June 17 collision between the ship and ACX Crystal that resulted in the death of seven sailors, according to a statement from the U.S. Navy provided to USNI News.

Cmdr. Alfredo J. Sanchez, former commander of USS John S. McCain (DDG-56), faces similar dereliction of duty, hazarding a vessel and negligent homicide charges for the Aug. 21 collision between the guided-missile destroyer and a chemical tanker off the coast of Singapore that resulted in the death of 10 sailors.

 

The individuals will have the charges preferred via Article 32 preliminary hearings soon, the statement said.

“The announcement of an Article 32 hearing and referral to a court-martial is not intended to and does not reflect a determination of guilt or innocence related to any offenses. All individuals alleged to have committed misconduct are entitled to a presumption of innocence,” the statement said.
“Additional administrative actions are being conducted for members of both crews including non-judicial punishment for four Fitzgerald and four John S. McCain crewmembers.”

A chief petty officer also faces a dereliction of duty charge that has already been preferred related to the McCain incident.

The charges are part of accountability actions recommended by an independent investigation tasked with reviewing further disciplinary actions by Navy leadership.

Director of Naval Reactors Adm. James F. Caldwell was appointed as the Consolidated Disposition Authority (CDA) for administrative and disciplinary actions related to the Fitzgerald and McCain collisions by Vice Adm. Bill Moran in late October.

Image result for uss fitzgerald collision

USS Fitzgerald photo(s)

Related image

USS McCain photo(s)

 

Other actions include removing Vice Adm. Tom Rowden from his position as the head of naval surface forces earlier than his planned Feb. 2 retirement date.

Chief of Naval Operations Adm. John Richardson and Secretary of the Navy Richard V. Spencer are set to appear before the House Armed Services readiness and seapower and projection forces subcommittees on Thursday to testify on the two reviews conducted following the Western Pacific collisions. Richardson tasked U.S. Fleet Forces Command with leading a Comprehensive Review of Recent Surface Force Incidents, and Spencer directed a panel to lead a Strategic Readiness Review.

To date, the Navy has removed the commanding officers and executive officers of both McCain and Fitzgerald; Capt. Jeffery Bennett, commodore of the Japan-based Destroyer Squadron 15 to which both ships belonged; the Japan-based task force commander, Rear Adm. Charles Williams; and the commander of U.S. 7th Fleet, Vice Adm. Joseph Aucoin.

U.S. Pacific Fleet commander Adm. Scott Swift announced his earlier-than-expected retirement in late September.

The following is the complete statement from the service on the CDA recommendations.

On 30 October 2017, Admiral William Moran, Vice Chief of Naval Operations, designated Admiral Frank Caldwell as the Consolidated Disposition Authority to review the accountability actions taken to date in relation to USS Fitzgerald (DDG 62) and USS John S. McCain (DDG 56) collisions and to take additional administrative or disciplinary actions as appropriate.

After careful deliberation, today Admiral Frank Caldwell announced that Uniform Code of Military Justice (UCMJ) charges are being preferred against individual service members in relation to the collisions.

USS Fitzgerald: Courts-martial proceedings/Article 32 hearings are being convened to review evidence supporting possible criminal charges against Fitzgerald members. The members’ ranks include one Commander (the Commanding Officer), two Lieutenants, and one Lieutenant Junior Grade. The charges include dereliction of duty, hazarding a vessel, and negligent homicide.

USS John S. McCain: Additionally, for John S. McCain, one court- martial proceeding/Article 32 hearing is being convened to review evidence supporting possible criminal charges against one Commander (the Commanding Officer). The charges include dereliction of duty, hazarding a vessel, and negligent homicide. Also, one charge of dereliction of duty was preferred and is pending referral to a forum for a Chief Petty Officer.

The announcement of an Article 32 hearing and referral to a court-martial is not intended to and does not reflect a determination of guilt or innocence related to any offenses. All individuals alleged to have committed misconduct are entitled to a presumption of innocence.

Additional administrative actions are being conducted for members of both crews including non-judicial punishment for four Fitzgerald and four John S. McCain crewmembers.

Information regarding further actions, if warranted, will be discussed at the appropriate time.

 

List of CIA Covert Operators Compromised, Arrest Made

Department of Justice
Office of Public Affairs

Tuesday, January 16, 2018

Former CIA Officer Arrested for Retaining Classified Information

Jerry Chun Shing Lee, aka Zhen Cheng Li, 53, a former Central Intelligence Agency (CIA) officer, was arrested last night on charges of unlawful retention of national defense information.

Criminal complaint found here.

Dana J. Boente, Acting Assistant Attorney General for National Security and U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement.

Lee was arrested after arriving at John F. Kennedy International Airport in Queens, New York.  Lee is a naturalized U.S. citizen, currently residing in Hong Kong, China.  According to court documents, Lee began working for the CIA as a case officer in 1994, maintained a Top Secret clearance and signed numerous non-disclosure agreements during his tenure at CIA.

According to court documents, in August 2012, Lee and his family left Hong Kong to return to the United States to live in northern Virginia. While traveling back to the United States, Lee and his family had hotel stays in Hawaii and Virginia.  During each of the hotel stays, FBI agents conducted court-authorized searches of Lee’s room and luggage, and found that Lee was in unauthorized possession of materials relating to the national defense.  Specifically, agents found two small books containing handwritten notes that contained classified information, including but not limited to, true names and phone numbers of assets and covert CIA employees, operational notes from asset meetings, operational meeting locations and locations of covert facilities.

Lee made his initial appearance this afternoon in the Eastern District of New York.  He is charged with unlawful retention of national defense information and faces a maximum penalty of 10 years in prison, if convicted.  The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.  A criminal complaint contains allegations that a defendant has committed a crime.  Every defendant is presumed to be innocent until and unless proven guilty in court.

Assistant U.S. Attorney Neil Hammerstrom of the Eastern District of Virginia and Deputy Chief Elizabeth Cannon of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.