Comey’s FBI and Operation ‘Midyear’ on Hillary

 Loretta_Lynch_and_Bill_Clinton_meet_in_P_0_41315067_ver1.0_640_480

Primer: This summary places events in a timeline and context. There are some additional details and the text appears to be fair. Further, when Loretta Lynch refers to the investigation as a ‘matter’, it for the most parts tells us all we need to know.

Comey Tried to
Shield the F.B.I. From
Politics. Then He
Shaped an Election.

As the F.B.I. investigated Hillary Clinton and the Trump
campaign, James B. Comey tried to keep the bureau out
of politics but plunged it into the center of a bitter election.

New York Times/WASHINGTON — The day before he upended the 2016 election, James B. Comey, the director of the Federal Bureau of Investigation, summoned agents and lawyers to his conference room. They had been debating all day, and it was time for a decision.

Mr. Comey’s plan was to tell Congress that the F.B.I. had received new evidence and was reopening its investigation into Hillary Clinton, the presidential front-runner. The move would violate the policies of an agency that does not reveal its investigations or do anything that may influence an election. But Mr. Comey had declared the case closed, and he believed he was obligated to tell Congress that had changed.

“Should you consider what you’re about to do may help elect Donald Trump president?” an adviser asked him, Mr. Comey recalled recently at a closed meeting with F.B.I. agents.

He could not let politics affect his decision, he replied. “If we ever start considering who might be affected, and in what way, by what we do, we’re done,” he told the agents.

But with polls showing Mrs. Clinton holding a comfortable lead, Mr. Comey ended up plunging the F.B.I. into the molten center of a bitter election. Fearing the backlash that would come if it were revealed after the election that the F.B.I. had been investigating the next president and had kept it a secret, Mr. Comey sent a letter informing Congress that the case was reopened.

For Mr. Comey, keeping the F.B.I. out of politics is such a preoccupation that he once said he would never play basketball with President Barack Obama because of the appearance of being chummy with the man who appointed him. But in the final months of the presidential campaign, the leader of the nation’s pre-eminent law enforcement agency shaped the contours, if not the outcome, of the presidential race by his handling of the Clinton and Trump-related investigations.

An examination by The New York Times, based on interviews with more than 30 current and former law enforcement, congressional and other government officials, found that while partisanship was not a factor in Mr. Comey’s approach to the two investigations, he handled them in starkly different ways. In the case of Mrs. Clinton, he rewrote the script, partly based on the F.B.I.’s expectation that she would win and fearing the bureau would be accused of helping her. In the case of Mr. Trump, he conducted the investigation by the book, with the F.B.I.’s traditional secrecy. Many of the officials discussed the investigations on the condition of anonymity because they were not authorized to speak to reporters.

Mr. Comey made those decisions with the supreme self-confidence of a former prosecutor who, in a distinguished career, has cultivated a reputation for what supporters see as fierce independence, and detractors view as media-savvy arrogance.

The Times found that this go-it-alone strategy was shaped by his distrust of senior officials at the Justice Department, who he and other F.B.I. officials felt had provided Mrs. Clinton with political cover. The distrust extended to his boss, Loretta E. Lynch, the attorney general, who Mr. Comey believed had subtly helped play down the Clinton investigation.

His misgivings were only fueled by the discovery last year of a document written by a Democratic operative that seemed — at least in the eyes of Mr. Comey and his aides — to raise questions about her independence. In a bizarre example of how tangled the F.B.I. investigations had become, the document had been stolen by Russian hackers.

The examination also showed that at one point, President Obama himself was reluctant to disclose the suspected Russian influence in the election last summer, for fear his administration would be accused of meddling.

Mr. Comey, the highest-profile F.B.I. director since J. Edgar Hoover, has not squarely addressed his decisions last year. He has touched on them only obliquely, asserting that the F.B.I. is blind to partisan considerations. “We’re not considering whose ox will be gored by this action or that action, whose fortune will be helped,” he said at a public event recently. “We just don’t care. We can’t care. We only ask: ‘What are the facts? What is the law?’”

But circumstances and choices landed him in uncharted and perhaps unwanted territory, as he made what he thought were the least damaging choices from even less desirable alternatives.

“This was unique in the history of the F.B.I.,” said Michael B. Steinbach, the former senior national security official at the F.B.I., who worked closely with Mr. Comey, describing the circumstances the agency faced last year while investigating both the Republican and Democratic candidates for president. “People say, ‘This has never been done before.’ Well, there never was a before. Or ‘That’s not normally how you do it.’ There wasn’t anything normal about this.”

‘Federal Bureau of Matters’

Attorney General Loretta E. Lynch and Mr. Comey during a news conference in Brooklyn in May 2015. Both had been federal prosecutors in New York, Mr. Comey in Manhattan and Ms. Lynch in Brooklyn. Credit Sam Hodgson for The New York Times 

The F.B.I.’s involvement with Mrs. Clinton’s emails began in July 2015 when it received a letter from the inspector general for the intelligence community.

The letter said that classified information had been found on Mrs. Clinton’s home email server, which she had used as secretary of state. The secret email setup was already proving to be a damaging issue in her presidential campaign.

Mr. Comey’s deputies quickly concluded that there was reasonable evidence that a crime may have occurred in the way classified materials were handled, and that the F.B.I. had to investigate. “We knew as an organization that we didn’t have a choice,” said John Giacalone, a former mob investigator who had risen to become the F.B.I.’s top national security official.

On July 10, 2015, the F.B.I. opened a criminal investigation, code-named “Midyear,” into Mrs. Clinton’s handling of classified information. The Midyear team included two dozen investigators led by a senior analyst and by an experienced F.B.I. supervisor, Peter Strzok, a former Army officer who had worked on some of the most secretive investigations in recent years involving Russian and Chinese espionage.

There was controversy almost immediately.

Responding to questions from The Times, the Justice Department confirmed that it had received a criminal referral — the first step toward a criminal investigation — over Mrs. Clinton’s handling of classified information.

But the next morning, the department revised its statement.

“The department has received a referral related to the potential compromise of classified information,” the new statement read. “It is not a criminal referral.”

The Justice Department knew a criminal investigation was underway, but officials said they were being technically accurate about the nature of the referral. Some at the F.B.I. suspected that Democratic appointees were playing semantic games to help Mrs. Clinton, who immediately seized on the statement to play down the issue. “It is not a criminal investigation,” she said, incorrectly. “It is a security review.”

In September of that year, as Mr. Comey prepared for his first public questions about the case at congressional hearings and press briefings, he went across the street to the Justice Department to meet with Ms. Lynch and her staff.

Both had been federal prosecutors in New York — Mr. Comey in the Manhattan limelight, Ms. Lynch in the lower-wattage Brooklyn office. The 6-foot-8 Mr. Comey commanded a room and the spotlight. Ms. Lynch, 5 feet tall, was known for being cautious and relentlessly on message. In her five months as attorney general, she had shown no sign of changing her style.

At the meeting, everyone agreed that Mr. Comey should not reveal details about the Clinton investigation. But Ms. Lynch told him to be even more circumspect: Do not even call it an investigation, she said, according to three people who attended the meeting. Call it a “matter.”

Ms. Lynch reasoned that the word “investigation” would raise other questions: What charges were being investigated? Who was the target? But most important, she believed that the department should stick by its policy of not confirming investigations.

It was a by-the-book decision. But Mr. Comey and other F.B.I. officials regarded it as disingenuous in an investigation that was so widely known. And Mr. Comey was concerned that a Democratic attorney general was asking him to be misleading and line up his talking points with Mrs. Clinton’s campaign, according to people who spoke with him afterward.

As the meeting broke up, George Z. Toscas, a national security prosecutor, ribbed Mr. Comey. “I guess you’re the Federal Bureau of Matters now,” Mr. Toscas said, according to two people who were there.

Despite his concerns, Mr. Comey avoided calling it an investigation. “I am confident we have the resources and the personnel assigned to the matter,” Mr. Comey told reporters days after the meeting.

The F.B.I. investigation into Mrs. Clinton’s email server was the biggest political story in the country in the fall of 2015. But something much bigger was happening in Washington. And nobody recognized it.

While agents were investigating Mrs. Clinton, the Democratic National Committee’s computer system was compromised. It appeared to have been the work of Russian hackers.

The significance of this moment is obvious now, but it did not immediately cause alarm at the F.B.I. or the Justice Department.

Months passed before the D.N.C. and the F.B.I. met to address the hacks. And it would take more than a year for the government to conclude that the Russian president, Vladimir V. Putin, had an audacious plan to steer the outcome of an American election.

 Missing Emails

Despite moments of tension between leaders of the F.B.I. and the Justice Department, agents and prosecutors working on the case made progress. “The investigative team did a thorough job,” Mr. Giacalone said. “They left no stone unturned.”

They knew it would not be enough to prove that Mrs. Clinton was sloppy or careless. To bring charges, they needed evidence that she knowingly received classified information or set up her server for that purpose.

A Hot Tarmac

A chance encounter set those plans in motion.

In late June, Ms. Lynch’s plane touched down at Phoenix Sky Harbor International Airport as part of her nationwide tour of police departments. Former President Bill Clinton was also in Phoenix that day, leaving from the same tarmac.

Ms. Lynch’s staff loaded into vans, leaving the attorney general and her husband on board. Mr. Clinton’s Secret Service agents mingled with her security team. When the former president learned who was on the plane, his aides say, he asked to say hello.

Mr. Clinton’s aides say he intended only to greet Ms. Lynch as she disembarked. But Ms. Lynch later told colleagues that the message she received — relayed from one security team to another — was that Mr. Clinton wanted to come aboard, and she agreed.

When Ms. Lynch’s staff members noticed Mr. Clinton boarding the plane, a press aide hurriedly called the Justice Department’s communications director, Melanie Newman, who said to break up the meeting immediately. A staff member rushed to stop it, but by the time the conversation ended, Mr. Clinton had been on the plane for about 20 minutes.

Ms. Lynch said she would not step aside but would accept whatever career prosecutors and the F.B.I. recommended on the Clinton case — something she had planned to do all along.

The script had been edited and revised several times, former officials said. Mr. Strzok, Mr. Steinbach, lawyers and others debated every phrase. Speaking so openly about a closed case is rare, and the decision to do so was not unanimous, officials said. But the team ultimately agreed that there was an obligation to inform American voters.

Mr. Comey’s criticism — his description of her carelessness — was the most controversial part of the speech. Agents and prosecutors have been reprimanded for injecting their legal conclusions with personal opinions. But those close to Mr. Comey say he has no regrets.

By scolding Mrs. Clinton, Mr. Comey was speaking not only to voters but to his own agents. While they agreed that Mrs. Clinton should not face charges, many viewed her conduct as inexcusable. Mr. Comey’s remarks made clear that the F.B.I. did not approve.

At the Justice Department, frustrated prosecutors said Mr. Comey should have consulted with them first. Mrs. Clinton’s supporters said that Mr. Comey’s condemnations seemed to make an oblique case for charging her, undermining the effect of his decision.

In the days after the announcement, Mr. Comey and Ms. Lynch each testified before Congress, with different results. Neither the F.B.I. nor the Justice Department normally gives Congress a fact-by-fact recounting of its investigations, and Ms. Lynch spent five hours avoiding doing so.

“I know that this is a frustrating exercise for you,” she told the House Judiciary Committee.

Mr. Comey discussed his decision to close the investigation and renewed his criticism of Mrs. Clinton.

And with both parties angry at him, he had proved yet again that he was willing to speak his mind, regardless of the blowback. He seemed to have safely piloted the F.B.I. through the storm of a presidential election.

But as Mr. Comey moved past one tumultuous investigation, another was about to heat up.

Russia Rising

Days after Mr. Comey’s news conference, Carter Page, an American businessman, gave a speech in Moscow criticizing American foreign policy. Such a trip would typically be unremarkable, but Mr. Page had previously been under F.B.I. scrutiny years earlier, as he was believed to have been marked for recruitment by Russian spies. And he was now a foreign policy adviser to Mr. Trump.

“Russia, if you’re listening,” he said, “I hope you’ll be able to find the 30,000 emails that are missing.”

In late July, the F.B.I. opened an investigation into possible collusion between members of Mr. Trump’s campaign and Russian operatives. Besides Mr. Comey and a small team of agents, officials said, only a dozen or so people at the F.B.I. knew about the investigation. Mr. Strzok, just days removed from the Clinton case, was selected to supervise it.

In late August, Mr. Comey and his deputies were briefed on a provocative set of documents about purported dealings between shadowy Russian figures and Mr. Trump’s campaign. One report, filled with references to secret meetings, spoke ominously of Mr. Trump’s “compromising relationship with the Kremlin” and threats of “blackmail.”

Mr. Steele had been a covert agent for MI6 in Moscow, maintained deep ties with Russians and worked with the F.B.I., but his claims were largely unverified. It was increasingly clear at the F.B.I. that Russia was trying to interfere with the election.

As the F.B.I. plunged deeper into that investigation, Mr. Comey became convinced that the American public needed to understand the scope of the foreign interference and be “inoculated” against it.

The president replied that going public would play right into Russia’s hands by sowing doubts about the election’s legitimacy. Mr. Trump was already saying the system was “rigged,” and if the Obama administration accused Russia of interference, Republicans could accuse the White House of stoking national security fears to help Mrs. Clinton.

Mr. Comey argued that he had unique credibility to call out the Russians and avoid that criticism. After all, he said, he had just chastised Mrs. Clinton at his news conference.

But John O. Brennan, the C.I.A. director, was so concerned about the Russian threat that he gave an unusual private briefing in the late summer to Harry Reid, then the Senate Democratic leader.

Mr. Comey knew the investigation of the Trump campaign was just underway, and keeping with policy, he said nothing about it.

Mr. Reid’s letter sparked frenzied speculation about what the F.B.I. was doing. At a congressional hearing in September, Representative Jerrold Nadler, Democrat of New York, pressed Mr. Comey for an explanation, citing his willingness to give details about his investigation of Mrs. Clinton.

But Mr. Comey never considered disclosing the case. Doing so, he believed, would have undermined an active investigation and cast public suspicion on people the F.B.I. could not be sure were implicated.

“I’m not confirming that we’re investigating people associated with Mr. Trump,” Mr. Comey said to Mr. Nadler. “In the matter of the email investigation, it was our judgment — my judgment and the rest of the F.B.I.’s judgment — that those were exceptional circumstances.”

Even in classified briefings with House and Senate intelligence committee members, Mr. Comey repeatedly declined to answer questions about whether there was an investigation of the Trump campaign.

To Mr. Comey’s allies, the two investigations were totally different. One was closed when he spoke about it. The other was continuing, highly classified and in its earliest stages. Much of the debate over Mr. Comey’s actions over the last seven months can be distilled into whether people make that same distinction.

The agent said that if Mr. Steele could get solid corroboration of his reports, the F.B.I. would pay him $50,000 for his efforts, according to two people familiar with the offer. Ultimately, he was not paid.

But by fall, the gravity of the Russian effort to affect the presidential election had become clear.

The D.N.C. hack and others like it had once appeared to be standard Russian tactics to tarnish a Western democracy. After the WikiLeaks disclosures and subsequent leaks by a Russian group using the name DCLeaks, agents and analysts began to realize that Moscow was not just meddling. It was trying to tip the election away from Mrs. Clinton and toward Mr. Trump.

At their second meeting, Mr. Comey argued that it would look too political for the F.B.I. to comment so close to the election, according to several people in attendance. Officials in the room felt whiplashed. Two months earlier, Mr. Comey had been willing to put his name on a newspaper article; now he was refusing to sign on to an official assessment of the intelligence community.

That night, WikiLeaks began posting thousands of hacked emails from another source: the private email account of John D. Podesta, chairman of the Clinton campaign.

The emails included embarrassing messages between campaign staff members and excerpts from Mrs. Clinton’s speeches to Wall Street. The disclosure further convinced the F.B.I. that it had initially misread Russia’s intentions.

“You may be aware that your emails have been hacked,” an agent told him.

Mr. Podesta laughed. The same agency that had so thoroughly investigated Mrs. Clinton, he said, seemed painfully slow at responding to Russian hacking.

“Yes,” he answered. “I’m aware.”

Supplementing the Record

The Daily Mail, a British tabloid, was first with the salacious story: Anthony D. Weiner, the former New York congressman, had exchanged sexually charged messages with a 15-year-old girl.

F.B.I. agents in New York seized Mr. Weiner’s laptop in early October. The investigation was just one of many in the New York office and was not treated with great urgency, officials said. Further slowing the investigation, the F.B.I. software used to catalog the computer files kept crashing.

Eventually, investigators realized that they had hundreds of thousands of emails, many of which belonged to Ms. Abedin and had been backed up to her husband’s computer.

Neither Mr. Comey nor Ms. Lynch was concerned. Agents had discovered devices before in the Clinton investigation (old cellphones, for example) that turned up no new evidence.

Then, agents in New York who were searching image files on Mr. Weiner’s computer discovered a State Department document containing the initials H.R.C. — Hillary Rodham Clinton. They found messages linked to Mrs. Clinton’s home server.

And they made another surprising discovery: evidence that some of the emails had moved through Mrs. Clinton’s old BlackBerry server, the one she used before moving to her home server. If Mrs. Clinton had intended to conceal something, agents had always believed, the evidence might be in those emails. But reading them would require another search warrant, essentially reopening the Clinton investigation.

The election was two weeks away.

Mr. Comey learned of the Clinton emails on the evening of Oct. 26 and gathered his team the next morning to discuss the development.

Seeking a new warrant was an easy decision. He had a thornier issue on his mind.

Back in July, he told Congress that the Clinton investigation was closed. What was his obligation, he asked, to acknowledge that this was no longer true?

It was a perilous idea. It would push the F.B.I. back into the political arena, weeks after refusing to confirm the active investigation of the Trump campaign and declining to accuse Russia of hacking.

The question consumed hours of conference calls and meetings. Agents felt they had two options: Tell Congress about the search, which everyone acknowledged would create a political furor, or keep it quiet, which followed policy and tradition but carried its own risk, especially if the F.B.I. found new evidence in the emails.

“In my mind at the time, Clinton is likely to win,” Mr. Steinbach said. “It’s pretty apparent. So what happens after the election, in November or December? How do we say to the American public: ‘Hey, we found some things that might be problematic. But we didn’t tell you about it before you voted’? The damage to our organization would have been irreparable.”

Conservative news outlets had already branded Mr. Comey a Clinton toady. That same week, the cover of National Review featured a story on “James Comey’s Dereliction,” and a cartoon of a hapless Mr. Comey shrugging as Mrs. Clinton smashed her laptop with a sledgehammer.

Congressional Republicans were preparing for years of hearings during a Clinton presidency. If Mr. Comey became the subject of those hearings, F.B.I. officials feared, it would hobble the agency and harm its reputation. “I don’t think the organization would have survived that,” Mr. Steinbach said.

The assumption was that the email review would take many weeks or months. “If we thought we could be done in a week,” Mr. Steinbach said, “we wouldn’t say anything.”

The spirited debate continued when Mr. Comey reassembled his team later that day. F.B.I. lawyers raised concerns, former officials said. But in the end, Mr. Comey said he felt obligated to tell Congress.

“I went back and forth, changing my mind several times,” Mr. Steinbach recalled. “Ultimately, it was the right call.”

That afternoon, Mr. Comey’s chief of staff called the office of Ms. Yates, the deputy attorney general, and revealed the plan.

When Ms. Lynch was told, she was both stunned and confused. While the Justice Department’s rules on “election year sensitivities” do not expressly forbid making comments close to an election, administrations of both parties have interpreted them as a broad prohibition against anything that may influence a political outcome.

Ms. Lynch understood Mr. Comey’s predicament, but not his hurry. In a series of phone calls, her aides told Mr. Comey’s deputies that there was no need to tell Congress anything until agents knew what the emails contained.

Either Ms. Lynch or Ms. Yates could have ordered Mr. Comey not to send the letter, but their aides argued against it. If Ms. Lynch issued the order and Mr. Comey obeyed, she risked the same fate that Mr. Comey feared: accusations of political interference and favoritism by a Democratic attorney general.

If Mr. Comey disregarded her order and sent the letter — a real possibility, her aides thought — it would be an act of insubordination that would force her to consider firing him, aggravating the situation.

Document

Letter to Congress From F.B.I. Director on Clinton Email Case

In the letter, the F.B.I. director, James B. Comey, said that new emails had surfaced in a case unrelated to the closed investigation into whether Hillary Clinton or her aides had mishandled classified information, and that the messages “appear to be pertinent to the investigation.”

So the debate ended at the staff level, with the Justice Department imploring the F.B.I. to follow protocol and stay out of the campaign’s final days. Ms. Lynch never called Mr. Comey herself.

The next morning, Friday, Oct. 28, Mr. Comey wrote to Congress, “In connection with an unrelated case, the F.B.I. has learned of the existence of emails that appear to be pertinent to the investigation.”

His letter became public within minutes. Representative Jason Chaffetz of Utah, a Republican and a leading antagonist of Mrs. Clinton’s, jubilantly announced on Twitter, “Case reopened.”

‘This Changes Everything’

The Clinton team was outraged. Even at the F.B.I., agents who supported their high-profile director were stunned. They knew the letter would call into question the F.B.I.’s political independence.

Mr. Trump immediately mentioned it on the campaign trail. “As you might have heard,” Mr. Trump told supporters in Maine, “earlier today, the F.B.I. … ” The crowd interrupted with a roar. Everyone had heard.

Polls almost immediately showed Mrs. Clinton’s support declining. Presidential races nearly always tighten in the final days, but some political scientists reported a measurable “Comey effect.”

“This changes everything,” Mr. Trump said.

Mr. Comey explained in an email to his agents that Congress needed to be notified. “It would be misleading to the American people were we not to supplement the record,” he wrote.

But many agents were not satisfied.

At the Justice Department, career prosecutors and political appointees privately criticized not only Mr. Comey for sending the letter but also Ms. Lynch and Ms. Yates for not stopping him. Many saw the letter as the logical result of years of not reining him in.

Mr. Comey told Congress that he had no idea how long the email review would take, but Ms. Lynch promised every resource needed to complete it before Election Day.

At the F.B.I., the Clinton investigative team was reassembled, and the Justice Department obtained a warrant to read emails to or from Mrs. Clinton during her time at the State Department. As it turned out, only about 50,000 emails met those criteria, far fewer than anticipated, officials said, and the F.B.I. had already seen many of them.

Mr. Comey was again under fire. Former Justice Department officials from both parties wrote a Washington Post op-ed piece titled “James Comey Is Damaging Our Democracy.”

At a Justice Department memorial for Mr. Margolis, organizers removed all the chairs from the stage, avoiding the awkward scene of Mr. Comey sitting beside some of his sharpest critics.

Jamie S. Gorelick, a deputy attorney general during the Clinton administration, eulogized Mr. Margolis for unfailingly following the rules, even when facing unpopular options. Audience members heard it as a veiled critique of both Mr. Comey and Ms. Lynch.

On Nov. 5, three days before Election Day, Mr. Strzok and his team had 3,000 emails left to review. That night, they ordered pizza and dug in. At about 2 a.m., Mr. Strzok wrote an email to Mr. Comey and scheduled it to send at 6 a.m. They were finished.

A few hours later, Mr. Strzok and his team were back in Mr. Comey’s conference room for a final briefing: Only about 3,000 emails had been potentially work-related. A dozen or so email chains contained classified information, but the F.B.I. had already seen it.

And agents had found no emails from the BlackBerry server during the crucial period when Mrs. Clinton was at the State Department.

Nothing had changed what Mr. Comey had said in July.

That conclusion was met with a mixture of relief and angst. Everyone at the meeting knew that the question would quickly turn to whether Mr. Comey’s letter had been necessary.

That afternoon, Mr. Comey sent a second letter to Congress. “Based on our review,” he wrote, “we have not changed our conclusions.”

Political Consequences

Mr. Comey did not vote on Election Day, records show, the first time he skipped a national election, according to friends. But the director of the F.B.I. was a central story line on every television station as Mr. Trump swept to an upset victory.

Many factors explained Mr. Trump’s success, but Mrs. Clinton blamed just one. “Our analysis is that Comey’s letter — raising doubts that were groundless, baseless, proven to be — stopped our momentum,” she told donors a few days after the election. She pointed to polling data showing that late-deciding voters chose Mr. Trump in unusually large numbers.

Even many Democrats believe that this analysis ignores other factors, but at the F.B.I., the accusation stung. Agents are used to criticism and second-guessing. Rarely has the agency been accused of political favoritism or, worse, tipping an election.

For all the attention on Mrs. Clinton’s emails, history is likely to see Russian influence as the more significant story of the 2016 election. Questions about Russian meddling and possible collusion have marred Mr. Trump’s first 100 days in the White House, cost him his national security adviser and triggered two congressional investigations. Despite Mr. Trump’s assertions that “Russia is fake news,” the White House has been unable to escape its shadow.

Mr. Comey has told friends that he has no regrets, about either the July news conference or the October letter or his handling of the Russia investigation. Confidants like Mr. Richman say he was constrained by circumstance while “navigating waters in which every move has political consequences.”

But officials and others close to him also acknowledge that Mr. Comey has been changed by the tumultuous year.

Early on Saturday, March 4, the president accused Mr. Obama on Twitter of illegally wiretapping Trump Tower in Manhattan. Mr. Comey believed the government should forcefully denounce that claim. But this time he took a different approach. He asked the Justice Department to correct the record. When officials there refused, Mr. Comey followed orders and said nothing publicly.

“Comey should say this on the record,” said Tommy Vietor, a National Security Council spokesman in the Obama administration. “He’s already shattered all norms about commenting on ongoing investigations.”

Mr. Richman sees no conflict, but rather “a consistent pattern of someone trying to act with independence and integrity, but within established channels.”

“His approach to the Russia investigation fits this pattern,” he added.

But perhaps the most telling sign that Mr. Comey may have had enough of being Washington’s Lone Ranger occurred last month before the House Intelligence Committee.

Early in the hearing, Mr. Comey acknowledged for the first time what had been widely reported: The F.B.I. was investigating members of the Trump campaign for possible collusion with Russia.

Yet the independent-minded F.B.I. director struck a collaborative tone. “I have been authorized by the Department of Justice to confirm,” he began, ushering in the next phase of his extraordinary moment in national politics.

Mr. Comey was still in the spotlight, but no longer alone.

 

 

 

Hezbollah Operation in Miami Smuggling Illegal Items to Syria

Primer: (many of these parts are for military ordnance use in air to air and air to land munitions)

On 23 July 2012, as the Syrian Civil War continued, the European Union imposed a new wave of sanctions on Syria, which included sanctions on SyrianAir. The sanctions meant that the airline cannot conduct flights to the EU, or buy any new aircraft which contain European parts. As a result, Syrian Air was forced to suspend all its operations to the EU. The company is discussing a lawsuit against European Union countries since Syrian Airlines “did not violate any laws nor did it jeopardise safety”. However EU ministers justified the sanctions on the airline because the company “provides financial and logistical support for the Syrian government”[3]
SyrianAir has assured it customers that it is pursuing a court case with the European Union for unjust sanctions based on biased claims of transporting weaponry. This had been denied by Russia. If SyrianAir was flying weaponry to the Syrian government, it would be breaking major rules with ICAO. Claims have not been proven and the European Union has been discreet on the issue.
AW-Tronics is an international trading company, active on a particular field of the electronic industry. It is an independent distributor specialised in the sourcing for the major OEMs, CEMs and ODMs that face shortage of active and passive electronics component.
Our business is complementary to the structure of the purchasing department of these companies. The credibility of AW-Tronics is based on its ability to source the required parts and to deliver on time. AW-Tronics offers the reactivity of a broker and the reliability of a distributor. AW-Tronics is not linked by any contract to a manufacturer thus it has more flexibility .When seeking parts the distributors refer to their stock whereas AW-Tronics is sourcing worldwide.

*** Indictment document here.

Eleven Individuals and One Company Charged in Florida With Exporting Prohibited Articles to Syria

Ali Caby, a/k/a “Alex Caby,” 40, a U.S. permanent resident currently residing in Bulgaria; Arash Caby, a/k/a “Axel Caby,” 43, of Miami, Florida; and Marjan Caby, 34, of Miami, Florida, were arrested and charged with exporting prohibited articles to Syria, in violation of the Syria trade embargo, commerce regulations and a U.S. Department of Treasury designation based on an Indictment charging eleven individuals and one foreign company. The defendants were charged by indictment for their alleged participation in a conspiracy to violate the International Emergency Economic Powers Act (IEEPA), the Export Administration Regulations (EAR), and the Global Terrorism Sanctions Regulations by exporting dual-use goods, that is, articles that have both civilian and military application. The dual-use goods were exported to Syrian Arab Airlines, the Syrian government’s airline, which is an entity designated and blocked by the U.S. Department of the Treasury’s Office of Foreign Assets Control for transporting weapons and ammunition to Syria in conjunction with Hizballah, a terrorist organization, and the Iranian Revolutionary Guard Corps (IRGC). Also charged in the indictment were Adib Zeno, Rizk Ali, Ammar Al Mounajed, Zhelyaz Andreev, Mihaela Nenova, Lyubka Hristova, Iskren Georgiev, Ivan Sergiev, and Syrian Arab Airlines, a/k/a “Syrian Air.”

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Robert Luzzi of the Department of Commerce’s Office of Export Enforcement (DOC) Miami Field Office and Special Agent in Charge Mark Selby of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI).

Specifically, the defendants are charged with: conspiracy to violate to IEEPA and to defraud the U.S. Government, in violation of Title 18, U.S. Code, Section 371; substantive violations of IEEPA and the EAR, specifically Title 15, Code of Federal Regulations, Part 746.9(a), regarding the Syrian Embargo; smuggling goods from the U.S., in violation of Title 18, United States Code, Section 554(a); submitting false or misleading export information, in violation of Title 13, U.S. Code, Section 305; conspiracy to commit money laundering, in violation of Title 18, U.S. Code, Section1956 (h); and false statements, in violation of Title 18, U.S. Code, Section 1001.

According to court documents, Ali Caby ran the Bulgaria office of AW-Tronics, a Miami, Florida export company that was managed by Arash Caby, and which shipped and exported various aircraft parts and equipment to Syrian Arab Airlines. Marjan Caby, AW-Tronics’ export compliance officer and auditor, facilitated these exports by submitting false and misleading electronic export information to federal agencies. All three defendants closely supervised and encouraged subordinate employees of AW-Tronics in the willful exportation of the parts and equipment to Syrian Arab Airlines, whose activities have assisted the Syrian government’s violent crackdown on its people.

An indictment is a formal charging document notifying the defendant of the criminal charges. All persons charged in an indictment are presumed innocent until proven guilty in a court of law.

Mr. Ferrer commended the investigative efforts of the FBI, DOC, ICE-HSI, Defense Criminal Investigative Service and U.S. Customs and Border Protection. The case is being prosecuted by Assistant U.S. Attorney Ricardo Del Toro of the Southern District of Florida and Trial Attorney Matthew Walczewski of the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.

Tillerson is Telling us that Obama Gave Away Leverage on Iran

Tillerson called for a full review of the Iran nuclear deal and rightly so. Then the mission was to examine the years of proven history of Iran’s terror operations including making weapons that were used to kill and permanently injure U.S. military forces, something Senator Tom Cotton challenged General Dempsey on last year in a Senate hearing.

Finally, this is and could be one of the biggest whistleblowing operations yet of the collusion and lies told to the world about the nuclear deal negotiated by John Kerry and the P5+1. And, just where are those other countries on the matter of Iran anyway?

***

Obama’s hidden Iran deal giveaway

POLITICO_Iran_Nuclear_Deal_F.jpg Sean McCabe/Politico

By dropping charges against major arms targets, the administration infuriated Justice Department officials — and undermined its own counterproliferation task forces.

Politico: When President Barack Obama announced the “one-time gesture” of releasing Iranian-born prisoners who “were not charged with terrorism or any violent offenses” last year, his administration presented the move as a modest trade-off for the greater good of the Iran nuclear agreement and Tehran’s pledge to free five Americans.

“Iran had a significantly higher number of individuals, of course, at the beginning of this negotiation that they would have liked to have seen released,” one senior Obama administration official told reporters in a background briefing arranged by the White House, adding that “we were able to winnow that down to these seven individuals, six of whom are Iranian-Americans.”

But Obama, the senior official and other administration representatives weren’t telling the whole story on Jan. 17, 2016, in their highly choreographed rollout of the prisoner swap and simultaneous implementation of the six-party nuclear deal, according to a POLITICO investigation.

In his Sunday morning address to the American people, Obama portrayed the seven men he freed as “civilians.” The senior official described them as businessmen convicted of or awaiting trial for mere “sanctions-related offenses, violations of the trade embargo.”

In reality, some of them were accused by Obama’s own Justice Department of posing threats to national security. Three allegedly were part of an illegal procurement network supplying Iran with U.S.-made microelectronics with applications in surface-to-air and cruise missiles like the kind Tehran test-fired recently, prompting a still-escalating exchange of threats with the Trump administration. Another was serving an eight-year sentence for conspiring to supply Iran with satellite technology and hardware. As part of the deal, U.S. officials even dropped their demand for $10 million that a jury said the aerospace engineer illegally received from Tehran.

And in a series of unpublicized court filings, the Justice Department dropped charges and international arrest warrants against 14 other men, all of them fugitives. The administration didn’t disclose their names or what they were accused of doing, noting only in an unattributed, 152-word statement about the swap that the U.S. “also removed any Interpol red notices and dismissed any charges against 14 Iranians for whom it was assessed that extradition requests were unlikely to be successful.”

Three of the fugitives allegedly sought to lease Boeing aircraft for an Iranian airline that authorities say had supported Hezbollah, the U.S.-designated terrorist organization. A fourth, Behrouz Dolatzadeh, was charged with conspiring to buy thousands of U.S.-made assault rifles and illegally import them into Iran.

A fifth, Amin Ravan, was charged with smuggling U.S. military antennas to Hong Kong and Singapore for use in Iran. U.S. authorities also believe he was part of a procurement network providing Iran with high-tech components for an especially deadly type of IED used by Shiite militias to kill hundreds of American troops in Iraq.

The biggest fish, though, was Seyed Abolfazl Shahab Jamili, who had been charged with being part of a conspiracy that from 2005 to 2012 procured thousands of parts with nuclear applications for Iran via China. That included hundreds of U.S.-made sensors for the uranium enrichment centrifuges in Iran whose progress had prompted the nuclear deal talks in the first place.

When federal prosecutors and agents learned the true extent of the releases, many were shocked and angry. Some had spent years, if not decades, working to penetrate the global proliferation networks that allowed Iranian arms traders both to obtain crucial materials for Tehran’s illicit nuclear and ballistic missile programs and, in some cases, to provide dangerous materials to other countries.

“They didn’t just dismiss a bunch of innocent business guys,” said one former federal law enforcement supervisor centrally involved in the hunt for Iranian arms traffickers and nuclear smugglers. “And then they didn’t give a full story of it.”

In its determination to win support for the nuclear deal and prisoner swap from Tehran — and from Congress and the American people — the Obama administration did a lot more than just downplay the threats posed by the men it let off the hook, according to POLITICO’s findings.

Through action in some cases and inaction in others, the White House derailed its own much-touted National Counterproliferation Initiative at a time when it was making unprecedented headway in thwarting Iran’s proliferation networks. In addition, the POLITICO investigation found that Justice and State Department officials denied or delayed requests from prosecutors and agents to lure some key Iranian fugitives to friendly countries so they could be arrested. Similarly, Justice and State, at times in consultation with the White House, slowed down efforts to extradite some suspects already in custody overseas, according to current and former officials and others involved in the counterproliferation effort.

And as far back as the fall of 2014, Obama administration officials began slow-walking some significant investigations and prosecutions of Iranian procurement networks operating in the U.S. These previously undisclosed findings are based on interviews with key participants at all levels of government and an extensive review of court records and other documents.

“Clearly, there was an embargo on any Iranian cases,” according to the former federal supervisor.

“Of course it pissed people off, but it’s more significant that these guys were freed, and that people were killed because of the actions of one of them,” the supervisor added, in reference to Ravan and the IED network.

The supervisor noted that in agreeing to lift crippling sanctions against Tehran, the Obama administration had insisted on retaining the right to go after Iran for its efforts to develop ballistic missiles capable of delivering nuclear warheads and cruise missiles that could penetrate U.S. defenses, and to illegally procure components for its nuclear, military and weapons systems.

“Then why would you be dismissing the people that you know about who are involved in that?” the former official asked.

A SHREWD CALCULATION

The saga of how the Obama administration threw a monkey wrench into its own Justice Department-led counterproliferation effort continues to play out almost entirely out of public view, largely because of the highly secretive nature of the cases and the negotiations that affected them.

That may be about to change, as the Trump administration and both chambers of Congress have pledged to crack down on Tehran’s nuclear and ballistic missile programs. Last Wednesday, Secretary of State Rex Tillerson announced a government-wide review of U.S. policy toward Iran in the face of “alarming and ongoing provocations that export terror and violence, destabilizing more than one country at a time.”

On Thursday, President Donald Trump declared that even if Iran is meeting the terms of its deal with the Obama administration and other world powers, “they are not living up to the spirit of it, I can tell you that. And we’re analyzing it very, very carefully, and we’ll have something to say about that in the not-too-distant future.”

Such reviews are likely to train a spotlight on an aspect of the nuclear deal and prisoner swap that has infuriated the federal law enforcement community most — the hidden damage it has caused to investigations and prosecutions into a wide array of Iranian smuggling networks with U.S. connections.

Valerie Lincy, executive director of the nonpartisan Wisconsin Project on Nuclear Arms Control, said Obama administration officials made a shrewd political calculation in focusing public attention on just those seven men it was freeing in the United States, and portraying them as mere sanctions violators.

That way, she said, “They just didn’t think it was going to make too many waves. And I think they were right.”

But Lincy, who closely tracks the U.S. counterproliferation effort against Iran, said that by letting so many men off the hook, and for such a wide range of offenses, Washington has effectively given its blessing to Iran’s continuing defiance of international laws.

Former Obama administration officials deny that, saying the men could still be prosecuted if they continue their illegal activity. But with their cases dropped, international arrest warrants dismissed and investigative assets redirected, the men — especially the 14 fugitives — can now continue activities the U.S. considers to be serious threats to its national security, Lincy said.

“This is a scandal,” she said. “The cases bear all the hallmarks of exactly the kinds of national security threats we’re still going after. It’s stunning and hard to understand why we would do this.”

Even some initial supporters of negotiating with Iran said the disclosures are troubling.

“There was always a broader conceptual problem with the administration not wanting to upset the balance of the deal or the perceived rapprochement with the Iranian regime,” said former Bush administration deputy national security adviser Juan Zarate, who later turned against the accord. “The deal was sacrosanct, and the Iranians knew it from the start and took full advantage when we had — and continue to maintain — enormous leverage.”

Most, if not all, of the Justice Department lawyers and prosecutors involved in the Counterproliferation Initiative were kept in the dark about how their cases were being used as bargaining chips, according to interviews with more than a dozen current and former officials.

So were the federal agents from the FBI and departments of Homeland Security and Commerce who for years had been operating internationally, often undercover, on the front lines of the hunt for Iranian arms and weapons smugglers.

It wasn’t just that prosecutors and agents with years of detailed knowledge about the cases were left out of the consultations about the significance of the 21 men let go in the swap. The lack of input also meant that negotiators were making decisions without fully understanding how the releases would impact the broader and interconnected matrix of U.S. investigations.

At the time, those investigations were providing U.S. officials with a roadmap of how, exactly, Tehran was clandestinely building its nuclear and ballistic missile programs and maintaining its military with the unwitting assistance of so many U.S. weapons parts and technology companies. The cases were also providing key operational details of how the Iranian procurement networks operate, and who in Tehran was calling the shots.

“So when they downplayed it, it really infuriated people,” said Kenneth MacDonald, a former senior Homeland Security official who helped establish the multi-agency coordination center at the heart of the National Counterproliferation Initiative.

“They’d spent months or years on these cases and the decisions were made with no review of what the implications were,” said MacDonald, who retired in 2013 but keeps in contact with agents as co-principal investigator at the DHS-affiliated Institute for Security Policy at Northeastern University. “There was absolutely no consultation.”

A SYSTEM IN LIMBO

In a series of interviews, senior officials from the Obama White House and Justice and State Departments said the prisoner swap was a bargain for the U.S., given the release of Washington Post reporter Jason Rezaian, former Marine Amir Hekmati and three others. Iran also promised cooperation on the case of former FBI agent Robert Levinson, who had disappeared in Iran nearly a decade earlier and was believed to be either imprisoned or dead.

Those senior officials acknowledged that all but a handful of people were kept in the dark, but said top representatives of the Justice Department and FBI helped vet the 21 Iranian proliferators and that then-Attorney General Loretta Lynch herself participated in blocking some other individuals demanded by Tehran from inclusion in potential prisoner trades.

“The condition was that they not be engaged in anything remotely attached to violence or proliferation activities,” said one senior Obama administration official familiar with the swap negotiations. “And none of them were in any stage where they were providing assistance to the [Tehran] government.”

That may be true for the seven men granted clemency in the United States, but it certainly wasn’t the case for the 14 fugitives.

“These were people under active investigation, who we wanted very badly because they were operating at such a high level that they could help us begin to find out what was happening inside the black box of how Iran’s procurement networks really operate,” said Aaron Arnold, a former intelligence analyst at CPC2, the FBI’s special Counterproliferation Center unit dedicated to thwarting Iranian nuclear and weapons smuggling. “Without that kind of strategic insight, it leaves our analysts, but more importantly, our policy-makers just guessing at what Iran is up to and how to stop it.”

Fifteen months later, the fallout from the nuclear deal and prisoner swap — and questions about the events leading up to them — continue to reverberate through the Justice Department and the specialized units at the FBI, Department of Homeland Security and Commerce Department created to neutralize the threat posed by Iran’s nuclear and military ambitions.

The National Counterproliferation Initiative, created with much fanfare a decade ago, has suffered greatly, many participants said, even as they acknowledged that metrics are hard to come by. Much of the work is done in secret, and in long-range efforts that can’t be publicly disclosed, much less measured in annual arrest or conviction statistics.

But key enforcement efforts are in limbo as the result of stalled or stymied investigations and prosecutions, and the trail of some high-value targets has gone cold, numerous participants said.

At least six times in the run-up to the nuclear deal, federal investigators scrambled to get Justice and State Department approval to lure top Iranian targets into traveling internationally in order to arrest them, according to one top Obama administration Justice Department official and other participants. But the requests weren’t approved and the targets vanished, depriving the U.S. of some of its best opportunities to gain insight into the workings of Tehran’s nuclear, missile and military programs, the sources said.

“We would say, ‘We have this opportunity and if we don’t do it now, we’ll never have the opportunity ever again,” the recently departed Justice Department official recalls. But, he added, “There were periods of time where State Department cooperation was necessary but not forthcoming.”

Obama Secretary of State John Kerry declined to comment through a former senior State Department official, who said certain requests might have been delayed temporarily because they came at particularly sensitive times in the negotiations, but only with the concurrence of the White House and Justice Department.

But even now, many experienced agents and prosecutors say they are reluctant to pursue counterproliferation cases for fear that they won’t go anywhere. They say they have also received no helpful guidance on what they can — and cannot — investigate going forward given the complicated parameters of the Iran deal and lifting of nuclear sanctions. Some said they are biding their time to see how hard-liners in the new administration, including Trump himself, deal with Iran.

But others have grown so frustrated that they have moved on from the counterproliferation effort, taking with them decades of investigative experience and relationships cultivated with other government agencies and cooperating U.S. companies, a number of current and former officials said.

And critical momentum has been lost, many say, as the 10-year anniversary of the initiative in October approaches.

“This has erased literally years — many years — of hard work, and important cases that can be used to build toward other cases and even bigger players in Iran’s nuclear and conventional weapons programs,” said former Justice Department counterproliferation prosecutor David Locke Hall, adding that the swap demolished the deterrent effect that the arrests and convictions may have had. “Even though these men’s crimes posed a direct threat to U.S. national security, the [Obama] administration has essentially told them their efforts have produced nothing more than political capital that can be traded away when politically expedient.”

One senior Obama administration official who served at the White House and DHS disagreed, saying much of the intelligence about Iranian networks remains usable even though the 21 cases were vacated, and that counterproliferation agents are a resilient bunch who will continue to do their jobs.

When asked whether the counterproliferation effort has struggled, one current Justice Department spokesman said no and quipped, “We are still in the export violation prosecuting business.”

That may be the case, said David Albright of the Institute for Science and International Security, a physicist and former weapons inspector whose decades of scientific research into Iran’s secret nuclear weapons program brings him into regular close contact with federal authorities.

But like others involved in ongoing U.S. counterproliferation efforts, Albright said he witnessed many instances since late 2014 in which important investigations and prosecutions were hindered. Albright, who serves as an expert witness in Justice Department Iran trafficking prosecutions, added that federal agents have told him of numerous cases of “lure memos” and other requests never approved by the State Department.

“You can’t keep turning these down and expecting them to want to keep doing this,” said Albright, who added that efforts to lure suspects to countries where they can be arrested are essential in getting beyond the lower rungs of middlemen for Iran. He said he could not disclose specific details, but said, “The amount of rejections has risen to the level where people were worried that it would kill the counterproliferation effort.”

“They had wanted all of these things prosecuted, they were on a roll, they were freaking out the Iranians and then they were told, boom, stop,” Albright said of the Obama administration’s counterproliferation efforts. “And it’s hard to get them back again. We are shooting ourselves in the foot, destroying the infrastructure that we created to enforce the laws against the Iranians.”

The repercussions from the prisoner swap are especially strong in Boston, where authorities had worked for years to build the case against Jamili, the suspected Iranian nuclear procurement agent, and his China-based associate Sihai Cheng.

The two were secretly indicted in 2013 along with two Iranian companies, and Cheng pleaded guilty in mid-December 2015 to four criminal counts. He acknowledged conspiring with Jamili to knowingly provide more than 1,000 high-tech components known as pressure transducers to Iran, which authorities say advanced its nuclear weapons capabilities.

Less than a month later, though, as the prisoner swap unfolded, Boston prosecutors got orders from Washington to file court papers vacating the charges against Jamili and dropping the Interpol arrest warrant for him.

It wasn’t until later that the case agents and prosecutors learned that the Iranian negotiators had specifically demanded that Jamili be included in the swap, said Arnold, the former analyst at the FBI’s Counterproliferation Center Iran unit, where he headed a financial intelligence team tracking the money flows of the Iranian networks.

A GLOBAL CAT AND MOUSE GAME

By the time of the nuclear deal and prisoner swap, the U.S. government had spent 35 years in pursuit of Iran’s ever more sophisticated web of smugglers, traffickers, transport operatives and procurement agents.

In 1979, President Jimmy Carter declared that Iran constituted an unusual and extraordinary threat to U.S. security after Islamic revolutionaries overran the U.S. Embassy in Tehran and took hostage 52 Americans. Tehran began calling the United States “the Great Satan” and vowed its destruction, in part by using proxy forces like Hezbollah.

A raft of economic sanctions against Iran and Iranian entities were put in place, followed by other restrictions on U.S. parts and technology that Tehran needed for military or other restricted applications, including its squadrons of F-class fighter jets that Washington sold it during friendlier times. Its ambitious ballistic missile program became a grave concern over the years, especially when it became apparent that Tehran was using U.S. commodities to engineer inter-continental versions that could reach the United States, and to top them with nuclear, conventional or even chemical and biological weapons.

And as Iran’s suspected nuclear weapons program ramped up, so did the U.S. effort to stop it.

Overseas, U.S. intelligence operatives shadowed Iranian procurement agents, cultivated informants and used cyberweapons to sabotage Iran’s clandestine program. The U.S. military tried to interdict illicit shipments headed for Tehran. The Treasury Department issued endless rounds of targeted sanctions, but each time it restricted access to global markets for suspect individuals and companies, Tehran would simply create new ones. And successive administrations tried the diplomatic route to slow or stop Iranian proliferation, including Tehran’s efforts to share weapons and research with other enemies of the United States, without success.

In response, federal law enforcement agents and prosecutors were deployed to shut down the Iranian procurement networks and dam the rivers of U.S. parts and technology illicitly flowing to Iran in violation of export control laws.

That proved virtually impossible, given the hundreds of trading, shipping and transport companies Iran employed, and the complex payment schemes and often unwitting procurement agents it used to get the products via other countries with lax export controls.

Meanwhile, since at least 1982, the Government Accountability Office began issuing stinging reports about how the lack of coordination and information-sharing among U.S. agencies severely hampered efforts to bring criminal cases against traffickers.

After the 9/11 attacks, those turf battles intensified. The cases often took years to investigate, and federal agents from two or even three agencies would sometimes discover they were conducting international undercover operations against the same target, a top former Homeland Security official recalls.

Securing convictions from American juries was also a huge challenge given the complex nature of the cases, especially when the procurement networks were buying so-called dual-use components that also could be used for less nefarious purposes.

Two post-9/11 cases exposed gaping holes in the global counterproliferation safety net. In the United States, Israeli-born trafficker Asher Karni was arrested for illegally shipping suspected U.S. nuclear components to Pakistan for its atomic bomb arsenal. And in Pakistan, metallurgist Abdul Qadeer Khan was caught selling his country’s nuclear capability to Iran, Libya and North Korea.

Both cases ratcheted up Washington’s fears that the vast underground of WMD trafficking rings could sell their wares to Al Qaeda and other terrorist groups.

In 2007, the Bush administration responded by establishing the National Counterproliferation Initiative, charging the Justice Department with coordinating and expanding U.S. efforts to dismantle the procurement networks.

Task forces were established around the country, with special training for prosecutors and agents in how to collectively build cases that would not only put front-line traffickers in prison, but also map the illicit networks and target their leadership.

From the outset, Iran cases were front and center, especially in cities like San Diego, Houston and New York with large military, industrial or technology sectors. Boston, in particular, seemed a favorite of the Iranian networks.

Soon, the multi-agency teams were homing in on key players in Iran’s nuclear and missile programs and another network procuring the IED components that Tehran’s fearsome Revolutionary Guard used to assist Iraqi insurgents killing American troops in Iraq.

An early high-value target was Amin Ravan, who by 2008 was working with a Singapore firm on behalf of the Aerospace Industries Organization, described by a secret State Department cable that year as “the umbrella organization and key procurement center for all Iranian industries responsible for developing and manufacturing missiles.”

Another was Behrouz Dolatzadeh, the suspected assault weapons buyer for Tehran. Authorities say he had been active as far back as 1995 in illegal arms smuggling and other illegal activities in connection with a sprawling business empire linked to Iran’s hard-line leader, Ayatollah Ali Khamenei.

By 2011, the Justice-led task forces had developed so many promising leads that the FBI, Commerce and Homeland Security Department had created special units to better coordinate efforts. Together, they also improved liaisons with overseas law enforcement agencies instrumental in interdicting shipments headed for Iran.

And working with U.S. intelligence agencies and the State Department, the task forces successfully lured several key Iranian operatives out of Tehran and China for capture elsewhere, including two who would end up on Obama’s prisoner swap list.

Dolatzadeh was indicted under seal in Arizona in February 2012, lured to the Czech Republic to inspect weapons en route to Iran, and arrested. And Ravan, already linked to the IED network, was secretly indicted in Washington in November 2012 and captured soon after in Malaysia.

And after a three-year undercover investigation, U.S. authorities lured a major Iranian proliferator named Parviz Khaki to the Philippines in May 2012 and arrested him on charges of conspiring to smuggle nuclear-related U.S. equipment to Iran.

“By dismantling this complex conspiracy … we have disrupted a significant threat to national security,” John Morton, then-director of DHS Immigration and Customs Enforcement, said at the time.

All three investigations provided U.S. officials with unprecedented insight into Iran’s secret procurement efforts, current and former task force members said. But Dolatzadeh and Ravan were released by courts overseas, and Khaki died in custody, before the U.S. could extradite them.

The counterproliferation teams also enlisted the help of American companies, providing them with Iran’s massive shopping list of needed items and hotlines to call when they got a nibble.

“It took a long time to mature, but by 2013 to 2014, it became very evident that we were getting a lot of great leads,” recalls Randall Coleman, who as assistant FBI director oversaw the bureau’s fledgling Counterproliferation Center and special coordinators in all 56 field offices.

“We were very aggressive, and as a result of that, our caseload went up about 500 percent,” Coleman said. “It really exploded. We were rocking and rolling.”

One of the most promising cases was in Boston, where federal agents were deep into their investigation of the illicit flow of parts to Iran from a Massachusetts firm, MKS Instruments, and its Shanghai subsidiary.

With help from MKS, which was not suspected of wrongdoing, agents initially focused on Cheng and gathered evidence that he had been indirectly supplying Iran with components with nuclear applications for years. The trail led to Eyvaz Technic Manufacturing, an Iranian company designated by European authorities as an entity involved in developing and procuring parts for Iran’s nuclear weapons and ballistic missile programs.

“Time is important, not only for you, for me, for your end user, but also for your nation,” Cheng wrote in a 2010 instant message to a suspected Iranian accomplice. “I personally believe the war will break out in 2 years and that will be the start of World War Three.”

But the agents’ curiosity was also piqued by another message from back in 2007, in which the Iranian accomplice, Seyed Jamili, asked Cheng for thousands of pressure transducers, for “a very big project and secret one.”

The project, authorities determined, was Iran’s clandestine uranium nuclear enrichment facilities at Natanz and Fordow, where the transducers helped run thousands of gas centrifuge cascades to reach weapons-grade capability. There was even a photo of then-president Mahmoud Ahmadinejad touring Natanz, with the centrifuges — and MKS transducers clearly visible — in the background.

International U.S. arrest warrants were secretly issued for the two men, and authorities nabbed Cheng when he traveled to London to watch a soccer match in February 2014. After he was extradited and brought to Boston that December, authorities began to realize that Jamili was a far more important cog in Iran’s proliferation network than they had suspected.

It was Jamili who had recruited Cheng with the promise of big and easy money, they determined, and who had been using his Iranian import-export firm as cover for personally recruiting other procurement agents on trips to China and possibly other countries.

Around that same time, negotiations over a comprehensive nuclear deal with Iran were heating up, and so were the top-secret prisoner swap talks on the sidelines of them.

AN OPERATIONAL SLOWDOWN

By the winter of 2014, federal agents and prosecutors began to detect waning support at the higher rungs of the Obama administration for their counterproliferation efforts against Iran, according to numerous officials involved. Also, they said, Justice Department management — and an interagency Iran working group — suddenly were scrutinizing Iran cases more closely, asking a lot more questions and holding up requests and approvals that in the past had been routine.

No specific guidance or order was given, some said, but the message was clear.

“They didn’t want to have cases just popping up in the workup to the agreement or shortly after the agreement. The administration would not look good if there were [cases documenting] these acquisition attempts. And the Iranians kept doing it,” MacDonald, the former senior Homeland Security official, said of Tehran’s illegal procurement efforts.

“They were never told no, just to wait,” MacDonald said of the agents. “It was a common theme among the people working these cases. The official response was that nothing had changed, that if you brought the case forward, it would be worked. But unofficially, that was just not the case.”

Some of the cases involved significant investigations into nuclear and missile proliferation that required State Department approval, including visas to lure suspects to the U.S. for arrest, said MacDonald, who had also served on the White House Task Force on Export Control Reform. “I’ve been told that the highest levels of the State Department weren’t processing those, and the cases couldn’t move forward.”

A former senior State Department official said that in most cases, State Department and White House could only provide nonbinding guidance on how ongoing law enforcement operations might affect the sensitive negotiations. Ultimately, he said, the Justice Department was responsible for pushing back and protecting the integrity of its investigations and prosecutions.

And while it’s possible that federal law enforcement officials missed opportunities as a result of State Department delays, “I am not aware of a single case where they lost out on some key arrest or information, or some proliferation activity was allowed to continue,” the former senior State Department official said, adding that some lures and extraditions were approved “until the very end of our tenure.”

Richard Nephew, a former top Iran sanctions official at the State Department and National Security Council, said any delays were “much more a case of managing the diplomatic initiative than letting the bad guys get away with stuff. If we found out in the NSC that something involved active law enforcement activity, then we were advised to stay the hell away from it.”

A top Obama Justice Department official rejected the notion that the State Department didn’t undermine important cases. He said prosecutors and investigators sometimes acceded to requests for delays they believed to be reasonable. But they became infuriated at times, he said, especially when opportunities to lure and arrest key Iranian proliferators were lost due to delay or outright rejection by State.

“The impediment was not the leadership of DOJ but the other agencies that DOJ has to work with to bring these cases successfully,” the Obama Justice official said. “They can kibosh it, they can pocket veto it, they can tell us no, they can punt it down a couple of steps.”

Justice Department officials demanded “high-level conversations” with the State Department and White House, but “not a whole lot” changed, the Obama Justice official said. “Did it fix the issue? I don’t think it did. I remember people up and down at DOJ being frustrated with the inability to move things.”

A senior former federal law enforcement official involved in counterproliferation efforts agreed, saying the FBI was especially impacted. “Did some of these other agencies’ actions … undermine what we were trying to accomplish in terms of the Iran network in the U.S.? Yes. But you are treading into waters where people don’t like what you are doing because it affects other things they are trying to do, diplomatically and politically.”

Ultimately, the dysfunction created by the slowdown spread far beyond the enforcement agencies and damaged relationships with partners in private industry and foreign governments, former DHS official MacDonald and others said.

By early 2015, the Obama administration’s oft-publicized desire for securing an Iran deal “was politicizing all of the ongoing investigations,” Arnold said. He visited his former CPC Iran Unit colleagues that August while briefing Treasury and FBI officials on the Iran deal, reached a month earlier, as a counterproliferation expert at Harvard’s John F. Kennedy School of Government.

“There was a fear that as negotiations went on, the White House wouldn’t want to get caught in a flap” created by a high-profile arrest or criminal case, Arnold said.

For agents and prosecutors, the headlines such an incident would create would antagonize not only their superiors but also a White House intent on proving to Tehran that it was committed to reaching an accord. On the flip side, it could also provide ammunition to the proposed deal’s many critics in Congress and elsewhere, who were claiming that Iran was aggressively continuing its clandestine procurement efforts even as it pledged good behavior.

But agents and prosecutors had an even more powerful reason to throttle back on Iran proliferation cases, according to Arnold and others.

Despite repeated requests, many were not given guidance or reassurances that the nuclear deal being negotiated in secret wouldn’t render unprosecutable new and ongoing cases, especially high-priority ones against nuclear traffickers, Arnold said. So agents had no confidence that their work would bear fruit.

“It was absolutely insane,” Arnold said. “People didn’t know what to do.”

“From the summer of 2015 on, there was a serious slowdown” as many counterproliferation officials shut down prosecutions and investigations voluntarily, Arnold said. “During that time, CPC wasn’t as aggressive as it should have been.”

The senior Obama administration official acknowledged that the twin sets of negotiations influenced the overall U.S. counterproliferation effort against Iran, especially the timing of individual investigations, prosecutions and international efforts to bring suspects to justice.

Such competing equities are unavoidable when high-level matters of diplomacy and geopolitics are under consideration, the official said. At those times, the White House must be guided by broader policy objectives, in this case de-escalating conflict with Iran, curbing its nuclear weapons program and freeing at least four American prisoners.

“The White House wouldn’t be getting involved in saying yea or nay to particular arrests or cases or the like” that are the purview of the Justice Department, the administration official said. “It was not uncommon, though, that before we were going to undertake a law enforcement action that we thought would have foreign policy implications, we would alert folks at the White House so that there could be appropriate notice given to a foreign government. That happens.”

The former official also acknowledged the complaints by agents and prosecutors about cases being derailed but said they were unavoidable, and for the greater good.

“It’s entirely possible that during the pendency of the negotiations, that folks who were doing their jobs, doing the investigations and bringing cases, having no understanding of and insight into the other process, were frustrated because they don’t feel like their stuff is moving forward,” said the Obama official. “Or they were not getting answers, because there are these entirely appropriate discussions happening on the policy side.

“That doesn’t strike me as being, a, unusual or, b, wrong,” the official added. “But I completely understand why it’s frustrating.”

The Justice Department refused repeated requests to make available for interviews anyone related to the counterproliferation effort since the Iran deal, or to provide information about its role in the negotiations.

But in a statement to POLITICO, the Justice Department said the negotiations “did not affect the Department’s determination to investigate and charge worthy cases” and that it continued to “investigate, charge, and prosecute viable criminal cases … throughout negotiations of the JCPOA,” the formal term for the Iran deal. The Justice Department said it filed federal charges against 90 individuals and entities for violations of export controls and sanctions implicating Iran between 2014 and 2016, many under seal. It did not provide information about cases under seal for those or other years, making it impossible to place those numbers in the proper context.

Also, some of those cases involve the 21 Iranians let go in the swap. And because numerous individuals and entities often are charged in a single case, the statistics suggest a slowdown in counterproliferation efforts, according to current and former investigators and a POLITICO review of DOJ cases.

The timing of arrests, prosecutions and other investigative activities “may be informed by a variety of factors, including, especially in the national security context, collateral foreign policy consequences and impacts on American lives,” the Justice Department said. “Once an individual is charged, the Department works to ensure that the defendant, whether located in the U.S. or abroad, is held accountable. In seeking to apprehend defendants located abroad, however, we need assistance from other departments, agencies, and countries, and sometimes we cannot accomplish an arrest without it.”

Senior Obama administration officials also said the negotiations over the nuclear deal and, even more so the prisoner swap, required such extraordinary secrecy that only a tiny number of people were involved.

But as the nation’s top law enforcement official — and as a participant in the negotiations —Lynch failed in her responsibility as attorney general to protect the integrity of the Justice Department’s investigations and prosecutions from any political interference, some current and former officials believe.

Lynch, through an aide, declined to comment.

Trump’s attorney general, Jeff Sessions, raised the issue of Justice Department independence in 2015, when as a senator he asked incoming Deputy Attorney General Sally Yates about whether she knew that she had “the responsibility to say no to the president if he asks for something that’s improper?” Read much more here, it is a chilling investigation and summary. This was a fantastic effort and well done.

CIA WikiLeaks Mole a Russian or Defector?

The truth is often stranger than fiction and when it does finally come out, the twists and turns to the stories are shocking. So, it has been announced that the FBI and CIA are on a full blown mole search investigation to determine who within or as a contractor to the CIA is loyal or on the payroll of a foreign rogue nation such as Russia.

Schindler at the Observer wrote and explained that the last major Soviet penetration of NSA during the Cold War was Ron Pelton, a former agency analyst who started selling secrets to the KGB in 1980. Pelton betrayed highly sensitive signals intelligence programs to Moscow and was convicted of espionage in 1986 after Vitaly Yurchenko, a KGB officer who temporarily defected to the United States, tipped off the FBI about an NSA source selling secrets to the Kremlin.

Image result for ron pelton espionage Quazoo

So, could it be Bernie Sanders? After all, he honeymooned in Yaroslavl, Soviet Union…not modern day Russia. Anyone hear of Evgeny Buryakov who is alleged to have attempted to recruit Carter Page an early advisor to Donald Trump? Could it be John Kerry himself as part of a larger plot for Russian cooperation over Syria or Iran? It is thought that the mole is an insider or contractor, yet who could pass thumb drives or envelops via dead drops?

None of the above is real or proven, it is just suggested to think out of the box as we are only restrained by our own limits of imagination. We had never heard of Edward Snowden either right?

*** What about those ‘Shadow Brokers’? One must understand the world of espionage and how it has adjusted due to the internet and global communications with encryption.

A message from Vladimir Putin can take many forms.

It can be as heavy-handed as a pair of Russian bombers buzzing the Alaska coast, or as lethal as the public assassination of a defector on the streets of Kiev. Now Putin may be sending a message to the American government through a more subtle channel: an escalating series of U.S. intelligence leaks that last week exposed a National Security Agency operation in the Middle East and the identity of an agency official who participated.

The leaks by self-described hackers calling themselves “the Shadow Brokers” began in the final months of the Obama administration and increased in frequency and impact after the U.S. bombing of a Syrian airfield this month—a move that angered Russia. The group has not been tied to the Kremlin with anything close to the forensic certitude of last year’s election-related hacks, but security experts say the Shadow Brokers’ attacks fit the pattern established by Russia’s GRU during its election hacking. In that operation, according to U.S. intelligence findings, Russia created fictitious Internet personas to launder some of their stolen emails, including the fake whistleblowing site called DCLeaks and a notional Romanian hacker named “Guccifer 2.0.”

“I think there’s something going on between the U.S. and Russia that we’re just seeing pieces of,” said security technologist Bruce Schneier, chief technology officer at IBM Resilient. “What happens when the deep states go to war with each other and don’t tell the rest of us?”
The Shadow Brokers made their deubt in August, appearing out of nowhere to publish a set of secret hacking tools belonging to the “Equation Group”—the security industry’s name for the NSA’s elite Tailored Access Operations program, which penetrates foreign computers to gather intelligence. At that time, the Shadow Brokers claimed to be mercenary hackers trying to sell the NSA’s secrets to the highest bidder. But they went on to leak more files for free, seemingly timed with the public thrusts and parries between the Obama administration and the Russian government.

From the start, outside experts had little doubt that Russian intelligence was pulling the strings. “Circumstantial evidence and conventional wisdom indicates Russian responsibility,” exiled NSA whistleblower Edward Snowden tweeted last August. “Why did they do it? No one knows, but I suspect this is more diplomacy than intelligence, related to the escalation around the [Democratic National Committee] hack.”

The FBI started investigating, and in August agents arrested an NSA contractor named Hal Martin after discovering that Martin had been stockpiling agency secrets in his house for two decades. But even as Martin cooled his heels in federal custody, the Shadow Brokers continued to post messages and files.

Snowden and other experts speculated that the Russians obtained the code without the help of an insider. As a matter of tradecraft, intelligence agencies, including the NSA, secretly own, lease, or hack so-called staging servers on the public internet to launch attacks anonymously. By necessity, those machines are loaded up with at least some of the agency’s tools. Snowden theorized that the Russians penetrated one of those servers and collected an NSA jackpot. “NSA malware staging servers getting hacked by a rival is not new,” he wrote.
Whatever their origin, the leaks dried up on Jan. 12, when the Shadow Brokers announced their “retirement” 10 days before Donald Trump’s swearing-in. The group didn’t reemerge until this month, after the Syrian military’s deadly chemical-weapons attack in Ghouta. Reportedly moved by images of the Syrian children injured or killed in the attack, Trump responded by ordering the launch of 59 Tomahawk missiles at a Syrian government air base—departing drastically from the will of Putin, who considers Syrian President Bashar al-Assad a strategic ally.

The Russian government immediately condemned the U.S. response. Two days later, so did the Shadow Brokers. The group broke its months-long silence and released another tranche of NSA secrets along with a lengthy open letter to Trump protesting the Syrian missile strike. Abandoning any pretense of a profit motive, the Shadow Brokers claimed now to be disillusioned U.S. voters—“the peoples who getting you elected,” as they put in, using phrasing that holds dual meaning coming from a suspected Kremlin operation.

The Shadow Brokers have been playing hardball ever since. Their most recent release, on Friday, exposed the code for a sophisticated NSA toolkit targeting Windows machines, putting some of the agency’s capabilities, circa 2013, in the hands of every newbie hacker able to use a keyboard.

This time, the Shadow Brokers didn’t stop with code. For the first time in their short history, they also released internal NSA spreadsheets, documents, and slide decks, some bedecked with the insignia and “Top Secret” markings familiar to anyone who’s browsed the Snowden leaks.

The leak exposes in detail a 2013 NSA hacking operation called Jeep Flea Market that gained deep access to Dubai-based EastNets, a company that handles wire transfers for a number of Middle East banks, something of obvious interest to U.S. intelligence. (EastNets denies the breach.) But the Shadow Brokers exposed more than just an NSA operation. Metadata left in the files identified the full name of a 35-year-old NSA worker in San Antonio who was apparently involved in the hack. (The Daily Beast was unable to reach him for comment.)
NSA hackers don’t face the same danger as CIA officers working undercover in a foreign country, but the likelihood that Russia has begun exposing them by name, while linking them to specific operations, raises the stakes for the intelligence community. If nothing else, the San Antonio NSA worker could plausibly face criminal and civil charges in the United Arab Emirates, just as hackers working for Russian and Chinese intelligence have been indicted in the U.S.

It’s conceivable that the Shadow Brokers included the name by mistake. Groups like WikiLeaks and the journalists with the Snowden cache are accustomed to scrubbing identifying metadata from documents. But a less-experienced hand might overlook it. Schneier is doubtful. “If we’re assuming an intelligent and strategic actor, which I think we are, then you have to assume that they did that on purpose,” he said.

Nothing is certain; the Shadow Brokers are a puzzle with missing pieces. But Friday’s Shadow Brokers release obliterated one theory on the spot. The NSA would never have put classified spreadsheets and PowerPoint slides on a staging server. They could only have come from inside the NSA.

Which sets the stage for a revival of a storied Cold War intelligence ritual, with the declining agency morale that comes with it: the Russian mole hunt. “I think we’re most likely looking at someone who went rogue from within, or a contractor who had access to this information,” said Eric O’Neill, national-security strategist for Carbon Black. “Either way, we have someone in the intelligence community that’s a pretty high-placed spy.”

A former FBI surveillance specialist, in 2001 O’Neill helped bring down Robert Hannsen, a double agent in the bureau who’d been secretly spying for Russia. “The FBI must be scrambling right now,” he said. “There’s so many leaks going on: this leak, the CIA Vault7 leaks, and at the same time there’s the investigation into any administration ties to Russia, and the DNC intrusion, and all these leaks coming out of the White House. There’s only so much that the FBI’s national security agents can do.”

If Russia did have a mole inside the NSA in 2013, the most recent date of the documents, Schneier thinks it unlikely that it does now, or else the Shadow Brokers wouldn’t exist. “You only publish when it’s more useful as an embarrassment than as intelligence,” he said. “So if you have a human asset inside the NSA, you wouldn’t publish. That asset is too important.”

It’s also possible, though unprecedented in the public record, that Russia found a way into the NSA’s classified network. A competing theory focuses on the FBI’s early suspect, Hal Martin. He’s not the Shadow Brokers, but he reportedly worked in the NSA’s Tailored Access Operations program and had 50,000 gigabytes of classified material in his home. Might he himself have been hacked? Martin is charged in Maryland with 20 counts of willful retention of national defense information, but prosecutors have not made any accusation that his trove slipped into enemy hands.

As Snowden demonstrated when he walked out of the NSA with a thumb drive of secrets, it’s comparatively easy now to steal and smuggle classified information. But O’Neill says the FBI’s counterintelligence mission is easier too, because of the rampant audit trails and server logs in classified networks.

“It’s much easier getting the secrets out now, but on the flip side, it’s also easier for law enforcement and the FBI to track down who had access to the data,” he says. “I like to think this mole hunt is going to be a little easier than it was in the past.”

Until then, expect the Shadow Brokers to stick around. In their Friday dump, they hinted at more revelations this week: “Who knows what we having next time?”

*** WASHINGTON — Forget about spies. It’s rogue insiders that cause heartburn at U.S. intelligence agencies these days.

Few spy cases have broken in the past decade and a half. In contrast, a proliferation of U.S. intelligence and military insiders have gone rogue and spilled secrets to journalists or WikiLeaks, the anti-secrecy group.

The leaks are as damaging as any major spy case, perhaps more so. And they have underscored the ease of stealing secrets in the modern age, sometimes with a single stroke of a keyboard.

Since early March, WikiLeaks has published part of a trove of documents purportedly created by cyber units of the Central Intelligence Agency. WikiLeaks continues to upload the documents and hacking tools, dubbed Vault 7, to the internet for all to see.

For its part, a mysterious group that calls itself the Shadow Brokers has re-emerged and dumped a large catalog of stolen National Security Agency hacking tools on the internet, including evidence the agency had penetrated Middle Eastern banking networks.

“In the past, we’ve lost secrets to foreign adversaries,” retired Air Force Gen. Michael Hayden, a former director of both the CIA and the NSA, said in an interview. “Now we’ve got the self-motivated insider that is our most important counterintelligence challenge.”

Hayden cited the cases of Army Pfc. Chelsea Manning, convicted in 2013 for releasing three-quarters of a million classified or sensitive military and diplomatic documents to WikiLeaks. He also mentioned Edward Snowden, the former NSA contractor who shook public opinion with his disclosures to journalists in 2013 about U.S. surveillance practices. Hayden added the Vault 7 disclosures last month, which others presume were stolen by a contract employee at the CIA. Read more here.

 

 

 

EPA Possible Buyout, Why Not Education?

Personally, why do we have to buyout any government employee? Just begin to defund departments within agencies and non-mandatory employees are laid-off right? Remember that quasi government shutdown during the Obama administration where no one missed anything that government did or didn’t do?

Meanwhile, offering EPA employees an early buyout is an option for sure, but why not apply the same plan to the Department of Education?

The U.S. Department of Education promotes student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access to educational opportunity. To support this mission, the Budget provides $70.7 billion in discretionary funding for the Department of Education in 2016, an increase of $3.6 billion, or 5.4 percent, over the 2015 level. The Budget also proposes $145 billion in new mandatory spending and reforms over the next decade to fund early learning, support teachers, and reform postsecondary education.

While investing in education in all domains, the Budget places particular emphasis in four areas: (1) increasing equity; (2) expanding access to high-quality early learning; (3) increasing support for teachers; and (4) expanding college opportunity and quality. In addition, the Budget makes a cross-cutting commitment to using and developing evidence in order to maximize results for taxpayers and students. In recent years, the Department has pioneered several evidence-based programs and introduced priorities for the use of evidence into existing initiatives. By investing in what works, learning more about what works, and sharing what we learn, we can help more students succeed. (blah blah blah, right)

Meanwhile, back to the EPA…. an agency that has declared a temporary rain puddle is the property of the Federal government….

EPA To Offer Employees Buyouts, Early Retirement This Year

The Environmental Protection Agency will begin offering employees financial incentives to leave the agency this year, according to an internal memorandum obtained by Government Executive.

As part of its efforts to meet the requirements of recently issued guidance from the Office of Management and Budget calling on all agencies to restructure themselves and reduce their workforces, EPA will continue a freeze on external hiring and begin offering early retirement and buyouts. Details of the plans were not made clear in the memo, which was sent by acting Deputy Administrator Mike Flynn. He noted only that EPA’s goal was to complete the separation incentive program by Sept. 30, the end of fiscal 2017.

Agencies can offer up to $25,000 to employees who have worked in the federal government at least three years through a Voluntary Separation Incentive Payment and allow employees not otherwise eligible for retirement benefits to receive them through Voluntary Early Retirement Authority. The Office of Personnel Management must approve all early out and buyout programs.

In its guidance, OMB said OPM would “provide expedited reviews for most [VERA and VSIP] requests within 30 days.” While OMB said it would not prescribe any specific strategy or set reduction targets for individual agencies, President Trump’s fiscal 2018 budget called on the EPA to cut 25 percent of its workforce, amounting to 3,200 employees. The proposal suggested slashing 31 percent of the agency’s budget.

EPA has endured significant spending cuts in recent years, with its spending level already reduced more than 20 percent since 2010 and its workforce at its smallest total since 1989. EPA last offered separation incentives to its employees in 2014, targeting mostly regional offices.

A recently released inspector general report found EPA paid $11.3 million to get 456 employees to leave the agency that year. Generally, the IG found the incentives “aided workforce restructuring goals,” though it was unclear if EPA had successfully reached its other goals of obtaining staff with new skillsets and increasing the number of staffers per supervisor. When accounting for the additional annual leave payments, EPA doled out a total of $16.2 million in 2014 to separate the employees. The IG noted the agency could not control how many or which employees would voluntarily leave, but that the various EPA offices adequately analyzed their workforce data to determine which positions to target.

Under OMB’s guidance, all agencies must come up with both short and long-term plans to reduce their staffing levels, with preliminary plans due June 30. Flynn said EPA has recently formed a workgroup to develop its agency reform plan. EPA is at least the third agency to continue its hiring freeze despite Trump ending it last week. Flynn said the agency will approve “very limited exceptions” to the moratorium and allow certain internal reassignments.

“I appreciate your patience as we work through the details of the guidance and will work with you as we move forward,” Flynn said.

Liz Bowman, an EPA spokeswoman, said the approach mirrored the one taken by the Obama administration and would ensure “payroll expenses do not overtake funds used for vital programs to protect the environment.”

“Streamlining and reorganizing is good government and important to maximizing taxpayer dollars,” she said.

John O’Grady, president of the American Federation of Government Employees council that represents many EPA workers, said reaching the administration’s desired cuts through incentive payments would prove prohibitively expensive. EPA, he added, is already “underfunded and understaffed.”

“Any further cuts will absolutely cripple the agency,” O’Grady said.

OPM did not immediately respond to requests for further details on the separation incentives.

Then….the progressives are fighting back on this proposed legislation regarding the EPA:

Honest and Open New EPA Science Treatment Act of 2017 or the HONEST Act

(Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating a covered action unless all scientific and technical information relied on to support such action is the best available science, specifically identified, and publicly available in a manner sufficient for independent analysis and substantial reproduction of research results. A covered action includes a risk, exposure, or hazard assessment, criteria document, standard, limitation, regulation, regulatory impact analysis, or guidance. Personally identifiable information, trade secrets, or commercial or financial information obtained from a person and privileged or confidential must be redacted prior to public availability. Read more about it here.