Supreme Court Got it Right vs. Obama

Posted on February 9, 2016February 9, 2016 by Denise Simon

This Supreme Court decision could place Obama’s Paris Climate Change Agreement in real jeopardy, and it should.

Supreme Court threatens Obama’s climate agenda

Politico: President Barack Obama will leave office next January with the fate of one of his biggest environmental achievements hanging in the balance.

The Supreme Court on Tuesday took the unusual step of blocking the Environmental Protection Agency’s landmark carbon rule for power plants, throwing into doubt whether Obama’s signature climate change initiative will survive a legal battle before the high court.

The decision to grant the stay is no guarantee the justices ultimately will strike down the rule, but the development is a bad sign for EPA’s chances, and the agency’s foes quickly cheered the news, with West Virginia Attorney General Patrick Morrisey calling it a “great victory.”

“We are thrilled that the Supreme Court realized the rule’s immediate impact and froze its implementation, protecting workers and saving countless dollars as our fight against its legality continues,” he said in a statement.

The White House vowed that the rule, known as the Clean Power Plan, will survive, saying it “is based on a strong legal and technical foundation.”

“We remain confident that we will prevail on the merits,” press secretary Josh Earnest said in a statement late Tuesday night, adding that “the administration will continue to take aggressive steps to make forward progress to reduce carbon emissions.”

“We’re disappointed the rule has been stayed, but you can’t stay climate change and you can’t stay climate action,” EPA spokeswoman Melissa Harrison said in a separate statement. “Millions of people are demanding we confront the risks posed by climate change. And we will do just that.”

The Supreme Court issued its short order putting the rule on hold at the request of states and companies that had asked the high court to intercede early — even though a lower court had already declined to do so.

The ruling was on a 5-4 vote, with Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan — the court’s liberal wing — lining up against staying the rule.

Environmentalists quickly downplayed the stay, noting that it did not come to any conclusions about the legality of the rule itself.

“The Clean Power Plan has a firm anchor in our nation’s clean air laws and a strong scientific record, and we look forward to presenting our case on the merits in the courts,” said Vickie Patton, the Environmental Defense Fund’s general counsel.

The justices did not explain their decision, but the order indicates they believe the rule threatens imminent and irreparable harm. The states and groups challenging the rule noted that the Supreme Court last year identified a major flaw with an EPA regulation limiting mercury emissions from power plants only after that rule had started to take effect, and they urged the justices not to allow something similar to happen with the carbon rule.

The D.C. Circuit Court of Appeals has put the case on a fast track, with oral arguments scheduled for June 2. That indicates a ruling from that court in late summer or fall, and tees up a Supreme Court appeal for as early as 2017.

“The stay is a signal the Supreme Court has serious concerns with the Power Plan,” said Mike Duncan, head of the coal-supported advocacy group American Coalition for Clean Coal Electricity.

Coal-heavy utilities, mining companies and 27 states are among those suing to reverse the rule, which opponents say exceeds EPA’s authority under the Clean Air Act.

The stay may only delay implementation of the rule by two or three years if EPA eventually triumphs at the Supreme Court. But it will keep the rule on hold into the next administration, increasing the chances that it could be undone if a Republican is elected to the White House this year.

At the very least, some efforts to replace power plants’ coal with cleaner-burning natural gas and carbon-free wind and solar power are likely to be delayed. And the stay could foreshadow an eventual court decision tossing out the rule altogether, which may severely limit how far the government can go in curbing greenhouse gas emissions.

This is not the first big Obama environmental rule to be stayed during litigation. In late 2011, just two days before it was to take effect, the D.C. Circuit put a stay on EPA’s Cross-State Air Pollution Rule, which targets pollutants like nitrogen oxide and sulfur dioxide that float downwind across state lines.

The circuit later struck down the rule — but the Obama administration appealed to the Supreme Court and ultimately won the case 6-2, and the rule took effect three years after its original start date.

With the rule’s legal defense stretching into the next administration, the possibility of a Republican president casts a thick fog over the regulation’s future. All of the GOP candidates have repudiated the rule as a threat to the economy and vowed to overturn it, and a Republican president would have several avenues for kneecapping the Clean Power Plan, including simply accepting a possible circuit decision to strike down the rule without filing an appeal — a more likely outcome after Tuesday’s stay.

Environmental groups have quietly prepared for that possibility by preserving their own right to defend the rule in court.

A combination of Supreme Court rulings and scientific findings is likely to eventually compel EPA to regulate power plants’ greenhouse gas emissions in some manner, though the extent of such regulations is up in the air.

In the meantime, EPA’s foes will double down on their efforts to get the Clean Power Plan tossed out for good. Critics argue that the Clean Air Act does not allow EPA to require tools such as renewable energy mandates to control pollution, and they say the agency’s authority is limited to cutting emissions from coal plants themselves.

EPA counters that the law allows it to choose the best path forward, and that the agency should receive deference to interpret conflicting statutes that were passed by Congress and signed into law.

Coal producer Peabody Energy, represented by liberal law icon Laurence Tribe, has also raised several constitutional concerns over the Clean Power Plan, though it remains unclear whether the courts will be receptive.

McCaul’s Homeland Terror Threat Snapshot

Posted on February 9, 2016February 9, 2016 by Denise Simon

McCaul Releases February Terror Threat Snapshot

Counterterrorism

WASHINGTON, D.C. – The February Terror Threat Snapshot was released today by Homeland Security Committee (HSC) Chairman Michael McCaul. The “snapshot” is a monthly Committee assessment of the growing threat America, the West, and the world face from ISIS and other Islamist terrorists.

Chairman McCaul: “The Islamist terror threat remains alarmingly high as recent arrests and terror plots demonstrate. ISIS recruits wage war in our communities, while thousands of deadly fighters trained in Syria stream back into the West – some of them infiltrating massive refugee flows. ISIS continues its global expansion on the shores of the Mediterranean Sea and the still-dangerous al Qaeda in the Arabian Peninsula seizes greater territory in Yemen. Meanwhile, Vladimir Putin and the revitalized Iran-Assad-Hezbollah terror axis are further destabilizing the Syrian crisis in the absence of U.S. leadership. This year is on track to be as dangerous as – if not worse than – 2015 for the American homeland and our national security.”

Key takeaways in this month’s Terror Threat Snapshot include:

The Iranian regime gained access to $100 billion in cash from the disastrous nuclear deal and is poised for further economic relief that will fuel its global network of terror.
An increasing number of battle-hardened fighters from Europe are returning from jihadist training grounds. Nearly 2,000 Europeans – among an estimated 6,600 Western fighters who have traveled to Syria and Iraq – have snuck back into Europe. A French counterterrorism official recently warned, “We are moving towards a European 9/11: simultaneous attacks on the same day in several countries…We know the terrorists are working on this.”
Islamist terrorists are exploiting global refugee flows to infiltrate and target the West. Germany’s domestic intelligence chief recently said terrorists “have slipped in camouflaged or disguised as refugees. This is a fact that the security agencies are facing.” A suspected ISIS terror plotter arrested in Germany this week snuck into Europe posing as a refugee. The European Union also recently assessed there is a “real and imminent danger” of Syrian refugees inside Europe being radicalized and recruited by Islamist extremists.
ISIS and al Qaeda are expanding their sanctuaries from North Africa to South Asia. ISIS is reinforcing its foothold in Libya, where it has amassed as many as 6,500 fighters and controls coastal territory on the Mediterranean Sea. Al Qaeda is making further gains in Yemen and its key ally in Afghanistan controls more territory than it has at any point since 2001.
The Obama Administration has surged the release of terrorists from Guantanamo Bay despite alarming rates of recidivism. The intelligence community has assessed that 30 percent of Guantanamo detainees released are either known to have or suspected of having rejoined the fight. The potential transfer of detainees to the United States, prohibited under law, would also pose a threat to the American people.
The United States faces the highest Islamist terror threat environment since 9/11. ISIS is waging war here in the homeland, where there have been 21 ISIS-linked plots to launch attacks. Law enforcement authorities have arrested 81 ISIS-linked suspects, including six thus far in 2016.

The complete February Terror Threat Snapshot is available, here.

View the Committee’s interactive Terror Threat Snapshot map, here.

Obama, don’t let secrecy be your legacy

Posted on February 9, 2016February 9, 2016 by Denise Simon

Imagine what Congress does NOT know and then imagine what we, don’t know. Terrifying right?

Mr. Obama, don’t let secrecy be your legacy: Republican chairmen

Shrouding government action on everything from the environment to veterans health in darkness is a big step backwards.

USAToday: When President Obama took office, he vowed to run “the most transparent administration in history.” As his presidency draws to an end, those words would be laughable if the issue were not so serious.

At nearly every turn, this administration has blocked public disclosure and ignored almost every law intended to ensure open and accountable government.

Hillary Clinton’s private email server is just the latest, most public example. Numerous other incidents involve the concealment of documents, providing only partial information, slow-walking congressional requests and using private email accounts and secret meetings to avoid official records-keeping laws. These sorts of tactics have become common practice for this administration.

The most brazen examples occasionally get media attention: Former Environmental Protection Agency (EPA) Administrator Lisa Jackson created a fictitious email address under the alias name “Richard Windsor,” hiding official actions from public scrutiny. But more typically, the pervasive stonewalling does not make headlines.

Congress isn’t alone on the Obama administration’s enemies list. According to an analysis of federal data by the Associated Press (AP), the Obama administration set new records two years in a row for denying the media access to government files. According to the AP, “The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents and refused a record number of times to turn over files.”

Moreover, in an unprecedented letter to several congressional committees, 47 inspectors general, who are the official watchdogs of federal agencies, complained that the Justice Department, EPA and others consistently obstruct their work by blocking or delaying access to critical information. Worse yet, the White House and Secretary Clinton refused to install an Inspector General during her tenure at the State Department.

It is the job of Congress and our agency watchdogs to ensure the federal government is efficient, effective and accountable to the American people. But time and time again, this administration has dismissed Americans’ right to know.

When Department of Veterans Affairs bureaucrats place themselves ahead of the veterans they are charged with serving, it’s Congress’ job to get answers. But VA’s stonewall tactics are interfering with this vital task. It’s been more than 18 months since the House Committee on Veterans’ Affairs revealed VA’s delays in care crisis to the nation, yet the department is sitting on more than 140 requests for information from the committee regarding everything from patient wait times to disciplinary actions for failed employees. VA’s disregard for congressional oversight was on full display Oct. 21, when committee Democrats and Republicans voted unanimously to subpoena five bureaucrats VA had refused to make available to explain their role in a scheme that resulted in the misuse of more than $400,000 in taxpayer money. Later, at a Nov. 2 follow-up hearing, two of the subpoenaed VA employees invoked their Fifth Amendment right against self-incrimination.

When the Internal Revenue Service improperly targets conservative organizations, it’s Congress’ job to get answers. When the Bureau of Alcohol, Tobacco, Firearms and Explosives runs a failed and flawed sting operation intentionally providing hundreds of firearms to Mexican cartels, it’s Congress’ job to get answers. When events surrounding terrorist attacks in Benghazi on the anniversary of 9/11 are hidden from the public, it’s Congress’ job to get answers.

But Congress cannot do its job when an administration refuses to turn over information. That’s why Congress has increasingly resorted to the power of the pen and has issued numerous legally-binding subpoenas to various Obama Administration agencies, including the Department of Justice, the State Department, the Treasury Department, the Department of Homeland Security, the Federal Reserve Board, the Federal Reserve Bank of New York, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration and the Office of Management and Budget, among others.

Whether it is the necessity of holding agency heads in contempt of Congress or pursuing civil litigation to gain access to clearly relevant material or the improper invocation of executive privilege or a new “confidential communications” privilege this administration made up out of whole cloth, Congress has been forced to spend far too much time and resources gaining access to documents which it is clearly entitled to.

But perhaps the honor of the least transparent agency in the federal government belongs to the EPA.

Everyone wants clean air and water. But Americans want environmental regulations to be based on sound science, not science fiction or radical political manifestos. When the EPA refused to release the data it uses to justify its proposed air regulations, the historically bipartisan House Science Committee was compelled to issue its first subpoena in 21 years to retrieve the information.

Last year, the House passed the Secret Science Reform Act of 2015 to require the EPA to base its regulations on publicly-available data, not secret science. This allows independent scientists the opportunity to evaluate EPA’s claims and check their work. Who could argue against using open and transparent science to support regulation? Answer: the Obama administration.

It’s not surprising that the non-partisan Center for Effective Government gave the EPA a grade of “D” in its most recent report for poor performance in providing access to information.

This administration has created an unprecedented culture of secrecy that starts at the top and extends into almost every agency. While Congress is being thwarted in its efforts at oversight, it is really the American people who lose when those entrusted to enforce the law believe and act as if they are above it. It’s time to come clean, Mr. President. Don’t let a lack of transparency be your legacy.

Hillary Asks, ‘Will the Libya War Interrupt my Vacay’?

Posted on February 9, 2016February 9, 2016 by Denise Simon

It must be noted that daily, when Hillary was at home at White Haven, her private residence that she DOES not share with Bill, a State Department driver would show up daily to deliver a package. Inside contents were usually her copy of the Presidential Daily Briefing, call sheets and other diplomatic operational actions, all in printed form. Note…PRINTED FORM. That is NOT protected material, just ask General Petraeus.

There are clear violations in the law in these emails with regard to her shadow intelligence point person, Sidney Blumenthal, known as the Logan Act, however, no one ever seems to be prosecuted under this law. The email exchanges also demonstrate that Syria was actually aiding Libya, an agreement Qaddafi made decades ago with Bashir al Assad’s father. Hummm.

Is there a shredder somewhere in this mess? Heh…read on. Did files and records get buried with Tyler Drumheller? Oh, has anyone interviewed Samantha Power, the current UN Ambassador? Well she was part of the Libya mess too.

Hillary’s team was particularly interested in a documentary:

“The Oath of Tobruk,” Bernard-Henri Levy details how a self-promoting leftist intellectual persuaded a conservative French president to back the Libyan revolt.

Hillary Clinton Forwarded Huma Abedin Classified Info. for Printing

(Washington, DC) – Judicial Watch today released nearly 70 pages of State Department records that show that former Secretary of State Hillary Clinton and her top aides, Deputy Chiefs of Staff Huma Abedin and Jake Sullivan, received and sent classified information on their non-state.gov email accounts. The documents, also available on the State Department website, were obtained in response to a court order from a May 5, 2015, lawsuit filed against the State Department (Judicial Watch, Inc. v. U.S. Department of State (No. 1:15-cv-00684)) after it failed to respond to a March 18 Freedom of Information Act (FOIA) request seeking:

All emails of official State Department business received or sent by former Deputy Chief of Staff Huma Abedin from January 1, 2009 through February 1, 2013 using a non-“state.gov” email address.

The new documents show that Hillary Clinton used the clintonemail.com system to ask Huma Abedin (also on a non-state.gov email account) to print two March 2011 emails, which were sent from former British Prime Minister Tony Blair (using the moniker “aclb”) to Jake Sullivan on Sullivan’s non-state.gov email account. The Obama State Department redacted the Blair emails under Exemption (b)(1) which allows the withholding of classified material. The material is marked as being classified as “Foreign government information” and “foreign relations or foreign activities of the US, including confidential sources.”

Another email shows that Clinton wanted to know how meetings in Washington, including a four-hour meeting concerning America’s war on Libya, would impact her Hampton vacation. Responding to an email that details the sensitive meetings in DC, Clinton emails Abedin on August 26, 2011, “Ok. What time would I get back to Hamptons?” Again, this email discussion takes place on non-state.gov email accounts.

The documents also include advice to Clinton on Libya from Sidney Blumenthal, a Clinton Foundation employee who, according to a Judicial Watch investigative report, also had business interests in Libya. Clinton wanted Blumenthal’s March 9, 2011, Libya memo to be printed “without any identifiers.”

The newly released Abedin emails include a lengthy exchange giving precise details of Clinton’s schedule using unsecured government emails. The email from Lona J. Valmoro, former Special Assistant to Secretary of State Clinton, to Abedin and Clinton reveals exact times (including driving times) and locations of all appointments throughout the day. Another itinerary email provides details about a meeting at the United Nations in New York at 3:00 on Tuesday, January 31, 2012, with the precise disclosure, “that would mean wheels up from Andrews at approximately 12:00pm/12:15pm.”

“These emails show that Hillary Clinton isn’t the only Obama official who should be worried about being prosecuted for mishandling classified information. Her former top State aides (and current campaign advisers) Huma Abedin and Jake Sullivan should be in the dock, as well,” said Judicial Watch President Tom Fitton. “The Obama State Department has now confirmed that Clinton, Abedin, and Sullivan used unsecured, non-government email accounts to communicate information that should now be withheld from the American people ‘in the interest of national defense or foreign policy, and properly classified.’ When can we expect the indictments?”

Obama’s Final Cyber Offense, Einstein?

Posted on February 9, 2016February 9, 2016 by Denise Simon

Sheesh, just the name points to a misguided failure since 2008. Einstein has a price tag, $ 5 billion. There are other questions to be asked like what does the NSA have to offer or the countless cyber security professionals in the private sector?

From the White House, there has been a 12 point plan and it has not advanced at all.

In May 2009, the President accepted the recommendations of the resulting Cyberspace Policy Review, including the selection of an Executive Branch Cybersecurity Coordinator who will have regular access to the President.

Meanwhile, hacks are real, dangerous and coming at mach speed. Using old software language such as COBOL speaks volumes as to how antiquated protections are and how dysfunctional all agencies are in maintaining crack-proof.

The Department of Homeland Security appears to be the lead agency for Einstein compliance, what could go wrong and has? The fact sheet from DHS is here.

Obama makes final push to cement cyber legacy

TheHill: President Obama on Tuesday made what is likely his last major push to bolster the government’s digital defenses before leaving office.

As part of the annual White House budget proposal, the Obama administration rolled out a sweeping plan to inject billions of extra dollars into federal cybersecurity funding, establish a new senior federal cyber official and create a presidential commission on cyber that will establish a long-term road map.

The move is likely to complete Obama’s cyber legacy, which will include an historic attention to digital security, unprecedented executive orders on the topic, and shepherding through Congress the largest-ever cyber bill, as well as numerous bruising hacks at federal agencies and allegations that government networks were woefully outdated.

In a release, the White House called the plan “the capstone of more than seven years of determined effort.”

“[Obama] is the first president that is making a big cybersecurity push and I think that’s tremendously important,” Rep. Ted Lieu (D-Calif.), one of Congress’s most prominent cyber voices, told The Hill.

The proposal aims to inject more than $5 billion in new funding across the government to strengthen network defenses that have been repeatedly infiltrated by suspected foreign government spies.

The ask is a 35-percent increase over last year’s allotment of $14 billion, and would put overall federal cyber spending at over $19 billion.

The budget request earmarks $3.1 billion for an “Information Technology Modernization Fund” that the White House described as a “down payment on the comprehensive overhaul” of federal IT systems.

Lieu said this fund could help solve one of the inherent budgeting problems when it comes to defending interconnected networks from hackers.

“What’s important about [the fund] is it can go across agencies and upgrade systems that touch more than one agency,” said Lieu, who sits on both the House Budget and Oversight committees.

Currently, each agency has its own individual cybersecurity budget that can be spent on its network, but that cannot necessarily be expended on portions of the agency’s IT infrastructure at other agencies.

Hackers have exploited this balkanized budgeting process.

Over the summer, suspected Chinese cyber spies cracked into the Office of Personnel Management (OPM), pilfering over 22 million people’s personal information in two separate hacks. The initial intrusion — which exposed roughly 4.2 federal workers’ personnel files — occurred at an OPM database that was housed at the Interior Department.

The OPM hacks also exposed the antiquated legacy systems the government relied on to run its networks.

Congress bashed OPM officials for not fully encrypting all their sensitive data. But the agency’s systems were simply too old to even accept modern encryption, they repeatedly explained.

The network also relied on the dated COBOL programming language, which initially became popular in the 1960s and is now eschewed by younger programmers.

A new federal official will oversee much of these update efforts.

As part of its proposal, the White House is establishing a federal chief information security officer, or CISO. The official will be housed within the Office of Management and Budget (OMB) and report to federal chief information officer, Tony Scott, who oversees government technology.

“This is the first time that there will be a dedicated senior official who is solely focused on developing, managing, and coordinating cybersecurity strategy, policy and operations across the entire federal domain,” the White House said.

Centralizing cybersecurity oversight is an attempt to help overcome the lack of agency-to-agency communication on the subject.

“For a while, I’ve seen the argument that there are too many lines of authority in the federal government on cybersecurity,” said Lieu. “Sometimes it’s not clear who is responsible for what.”

The CISO will also help monitor the government’s digital defense spending, which has been knocked as cost-ineffective.

Recently, a federal watchdog report concluded that the government’s main cyber defense system, known as “Einstein,” was largely ineffectual at thwarting sophisticated hackers. The report echoed long-standing criticism from security experts who say the program is a much-delayed boondoggle that is already obsolete.

Federal officials insist the system is in its final phase of implementation and will soon serve as a platform to add on leading cyber tools.

This budget infusion and new federal CISO will with these technology updates, the White House said.

The proposal also includes a robust research and public awareness component.

In a bid to build a bridge to the next administration, Obama is launching a “Commission on Enhancing National Cybersecurity.”

The administration is directing a bipartisan group of lawmakers to appoint top industry representatives and leading technologists to the commission. The group will be tasked with taking the long view.

“The commission will make recommendations on actions that can be taken over the next decade to strengthen cybersecurity in both the public and private sectors while protecting privacy,” the White House said.

Security experts almost unanimously agree that one of these actions will be eliminating the traditional online password.

Since 2011, the White House has been trying to push people away from passwords. Tuesday’s plan includes a last bid to encourage stronger people to adopt stronger login practices.

The proposal creates a new public awareness campaign that includes leading tech firms such as Google, Facebook and Microsoft.

“By judiciously combining a strong password with additional factors, such as a fingerprint or a single-use code delivered in a text message, Americans can make their accounts even more secure,” the White House said.

The proposal is likely Obama’s concluding statement on cybersecurity.

During his presidency, cybersecurity has gone from a fringe issue to one that most leaders acknowledge is vital to national and economic security. The topic received an increasing amount of attention in all but Obama’s final State of the Union address.

In recent years, the U.S. has seen the dramatic rise of global cyber crime syndicates that have pillaged banks, department stores and hotels.

According to an October report from Hewlett Packard and the Ponemon Institute, cyber crime costs the average American firm $15.4 million annually, up 82 percent over the last six years. By 2019, it’s believed the cost of data breaches will reach $2.1 trillion globally.

Digital adversaries such as China, Russia, Iran and North Korea have also swooped in unexpectedly, plundering health insurers, airlines, nuclear plants, government agencies and, most memorably, a major movie studio.

Even terrorist groups such as the Islamic State in Iraq and Syria (ISIS) are causing fears by hijacking high-profile twitter accounts and digitally defacing websites around the world.

These trends are bound to continue after Obama leaves the White House, but this ultimate cyber thrust could help cement his reputation as the first president to actively address the digital security challenge.

“If we can get this through, the funding, I think that would be very positive for his legacy,” Lieu said. “This is not just a federal government problem, it’s endemic in the private sector.”