Category Archives: FBI

Call to Action at the VA, Fire Secretary McDonald

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Maybe the FBI should run an investigation.

18 U.S. Code § 1519:  Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. FELONY

VA Scheduling Errors Mislead on Wait Times for Care

Agency lacks sufficient oversight to ensure veterans get appointments on time

The Department of Veterans Affairs still does not provide sufficient oversight to ensure that medical center employees contact newly enrolled patients and accurately log patient wait times.

Two years after VA employees were found keeping secret wait lists to conceal the long periods that veterans waited for appointments, a new report from the Government Accountability Office points to persistent scheduling problems at several VA facilities that kept veterans waiting long periods for primary care. In some cases, the veterans did not receive the care they needed.

Auditors reviewed six VA medical centers across the country between January 2015 and March 2016. They discovered that schedulers at half of the centers made errors when recording veterans’ “preferred dates” for care, which resulted in veterans’ wait times appearing much shorter. Wait times were understated by as many as 20 days on average at one of the medical centers.

In some cases, when appointments were canceled, schedulers at the medical centers updated the preferred dates for care to reflect the new, later preferred dates, which is inconsistent with VA policy. In other cases, when veterans were placed on the electronic waiting list, schedulers revised the initially preferred dates to later dates when the appointments were eventually scheduled, which is also against agency policy. More here from FreeBeacon.

*****
It gets worse, much worse.

Despite Pledge, VA Secretary Blows Off Whistleblowers

Luke/DailyCaller: Department of Veterans Affairs Secretary Robert A. McDonald claims he meets with whistleblowers at every federal hospital he visits, but there won’t be any such meetings during an upcoming appearance at a VA facility that has repeatedly and severely retaliated against employees that blow the whistle.

“I meet privately with the whistleblowers and the union leaders when I go to every site,” McDonald told Congress six months ago. “We have to get the light shined on these things.”

McDonald has refused a meeting with a whistleblower during an upcoming trip to the VA’s Puerto Rico hospital, which has seen its fair share of problems, including staff leaving elderly vets lying on the ground in their own feces, and where numerous whistleblowers have been retaliated against for exposing corruption.

Instead, McDonald will likely receive a tour guided by the hospital’s director, DeWayne Hamlin, who is frequently absent from the hospital and was arrested in Florida in 2014 carrying painkillers for which he had no prescription. Joseph Colon, a Puerto Rico VA employee with a track record of exposing misconduct that has been confirmed by third parties, and who has testified before the Senate as a whistleblower, wrote to McDonald requesting a meeting during his visit, but he was brushed off.

“Unfortunately, due to limited time, the Secretary will be unable to hold individual meetings during his visit,” McDonald’s office responded to Colon’s request.

Making the meeting seemed to be a low priority, because the department said it wasn’t sure what McDonald would be doing instead. “His schedule for his upcoming trip to Puerto Rico has not been finalized,” spokesman James Hutton told the Daily Caller News Foundation.

The Puerto Rico hospital’s management tried to fire Colon after he called attention to Hamlin’s Florida arrest. A mid-level employee, Rosayma Lopez, was assigned to write a report justifying Colon’s firing, but she was threatened with firing when she concluded Colon had done nothing to warrant discipline. Soon after, officials issued a notice of proposed firing to Lopez, and also put Colon on leave.

The Office of Special Counsel, a federal entity in charge of policing whistleblower retaliation, subsequently sided with Lopez and Colon, and ordered them reinstated. Both declined financial settlement offers from VA that required them to resign.

Colon told McDonald in his request for a meeting that Hamlin has resisted restoring him to his old job despite being ordered to do so by OSC.

Tito Santiago Martinez, a management-side labor relations employee at the hospital, is a convicted sex offender, and the VA employees union has used Martinez and Hamlin’s arrests as leverage to ensure that other employees convicted of crimes evaded discipline.

Japhet Rivera, a former high-level employee at the Puerto Rico facility, also claimed Hamlin personally retaliated against him after he told authorities Hamlin had used federal funds for personal benefits. VA spokesman Hutton would not tell TheDCNF on how many of McDonald’s recent hospital visits he’s actually met with whistleblowers, pursuant to his promise to Congress.

“As was the case at Hines, when we ask the VA to investigate whistleblower complaints, they fly in from Washington to meet with those responsible for the cover-up instead of the employees who are risking their jobs to protect vets,” Republican Sen. Mark Kirk said in a statement, referring to a severely troubled hospital in Illinois where whistleblowers tried in vain to call attention to problems.

 

Trump’s New Hire lobbied for Pakistani spy front

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This sure has the same sounds as Hillary, Sidney Blumenthal and Libya….
Black, Manafort, Stone and Kelly

Top Trump aide lobbied for Pakistani spy front

Michael Isikoff

Chief Investigative Correspondent

For more than five years, Donald Trump’s new top campaign aide, Paul Manafort, lobbied for a Washington-based group that Justice Department prosecutors have charged operated as a front for Pakistan’s intelligence service, according to court and lobbying records reviewed by Yahoo News.

Manafort’s work in the 1990s as a registered lobbyist for the Kashmiri American Council was only one part of a wide-ranging portfolio that, over several decades, included a gallery of controversial foreign clients ranging from Philippine President Ferdinand Marcos and Zaire’s brutal dictator Mobutu Sese Seko to an Angolan rebel leader accused by human rights groups of torture. His role as an adviser to Ukraine’s then prime minister, Viktor Yanukovych, an ally of Russian President Vladimir Putin, prompted concerns within the Bush White House that he was undermining U.S. foreign policy. It was considered so politically toxic in 2008 that presidential candidate John McCain nixed plans for Manafort to manage the Republican National Convention — a move that caused a rupture between Manafort and his then business partner, Rick Davis, who at the time was McCain’s campaign manager.

Manafort’s work for the Kashmiri group has so far not gotten any media attention.

But it could fuel more questions about his years of lobbying for questionable foreign interests before Manafort, 67, assumed his new position as chief delegate counter and strategist for a presidential candidate who repeatedly decries the influence of Washington lobbyists and denounces the manipulation of U.S. policy by foreign governments.

Court records show that Manafort’s Kashmiri lobbying contract came on the FBI’s radar screen during a lengthy counterterrorism investigation that culminated in 2011 with the arrest of the Kashmiri council’s director, Syed Ghulam Nabi Fai, on charges that he ran the group on behalf of Pakistan’s intelligence service, the ISI, as part of a scheme to secretly influence U.S. policy toward the disputed territory of Kashmir.

Paul Manafort, convention manager for the Trump campaign, on “Meet the Press,” April 10. (Photo: William B. Plowman/NBC/NBC NewsWire via Getty Images)

The Kashmiri American Council was a “scam” that amounted to a “false flag operation that Mr. Fai was operating on behalf of the ISI,” Gordon D. Kromberg, the assistant U.S. attorney who prosecuted the case, said in March 2012 at Fai’s sentencing hearing in federal court. While posing as a U.S.-based nonprofit funded by American donors sympathetic to the plight of Kashmiris, it was actually bankrolled by the ISI in order to deflect public attention “away from the involvement of Pakistan in sponsoring terrorism in Kashmir and elsewhere,” Kromberg said. Fai, who pleaded guilty to conspiracy and tax fraud charges, was then sentenced to two years in federal prison.

Lobbying records filed with the secretary of the Senate show that Manafort’s lobbying firm, Black, Manafort, Stone & Kelly, was paid $700,000 by the Kashmiri American Council between 1990 and 1995. This was among more than $4 million that federal prosecutors alleged came from the ISI; Fai collected the money over 20 years from “straw” American donors who were being reimbursed from secret accounts in Pakistan. (The funds were in some cases delivered to Fai in brown paper bags stuffed with cash — and then the donors reimbursed with wire transfers from ISI operatives, according to an FBI affidavit.)

Manafort, who handled the Kashmiri account for his firm, was never charged in the case, and Kromberg told Yahoo News that what knowledge, if any, he had of the secret source of money from his client was not part of the Justice Department’s investigation. (While registering with Congress as a domestic lobbyist for the Kashmiri American Council, Manafort never registered with the U.S. Justice Department as a foreign agent of Pakistan, as he would have been required to do if he was aware of the ISI funding of his client.)

But a former senior Pakistani official, who asked not to be identified, told Yahoo News that there was never any doubt on Pakistan’s part that Manafort knew of his government’s role in backing the Kashmiri council. The former official said that during a trip from Islamabad in 1994 he met with Manafort and Fai in Manafort’s office in Alexandria, Va., “to review strategy and plans” for the council. Manafort, at the meeting, presented plans to influence members of Congress to back Pakistan’s case for a plebiscite for Kashmir (the largest portion of which has been part of India since 1947), he said. (Internal budget documents later obtained by the FBI show plans by the council to spend $80,000 to $100,000 a year on campaign contributions to members of Congress.) “There is no way Manafort didn’t know that Pakistan was involved with” the council, the former official said, although he added: “Some things are not explicitly stated.”

Neither Manafort nor the Trump campaign responded to requests for comment for this story. (“I’m not working for any client right now other than working for Mr. Trump,” Manafort recently said on NBC’s “Meet the Press” when asked by moderator Chuck Todd about his past “controversial” clients.)

Syed Ghulam Nabi Fai, executive director of the Kashmiri American Council, in 2007. (Photo: Roshan Mughal/AP)

But Manafort’s former partner Charlie Black, now an adviser to rival Republican presidential candidate John Kasich, said that as far as the firm was concerned, the Kashmiri council was a domestic, not a foreign, client. “Nobody was more surprised than me that the guy was taking the money from Pakistan,” Black said in a telephone interview. “We didn’t know anything about it.”

But there was no doubt on the part of the Indian government about where the money was coming from. Its officials repeatedly alleged that the Kashmiri council was a front group for Pakistan during the period that Manafort’s firm was lobbying for it. The issue blew up in September 1993 after Manafort and one of his lobbying associates, Riva Levinson, traveled to Kashmir and, according to Indian officials, posed as CNN reporters in an effort to gather video footage of interviews with Kashmiri officials.

“The whole thing was obviously a blatant operation of producing television software with a deliberate and particularly anti-Indian slant by lobbyists hired by Pakistan for this very purpose,” Shiv Shankar, then the Indian Foreign Ministry spokesman, said in a letter to CNN in Atlanta at the time. (Levinson did not respond to a request for comment from Yahoo News. At the time she denied the Indian allegations, telling a UPI reporter, “We never misrepresented ourselves as journalists.”)

Exactly what Manafort did for the Kashmiri council is unclear from the sketchy lobbying reports his firm filed with the secretary of the Senate. Those reports show his firm first registered as lobbyists for the group in October 1990, the same year the group was founded by Fai. The reports list little beyond the purpose of the lobbying: to seek support for a House resolution by then-Rep. Dan Burton to sponsor a “peaceful resolution” of the Kashmir dispute. They also show payments to the firm of $140,000 a year. (During this time, Black, Manafort had a long list of other domestic clients that included the NRA, the Tobacco Institute and the Trump Organization, which paid the firm $70,000 a year to lobby Congress on casino gambling, aviation and tax issues, according to the lobbying records.)

“We went to the Hill for them to raise the profile of the [Kashmiri] cause,” said Black about the firm’s work for Fai’s council. “But nobody in Bush 41 [the administration of George H.W. Bush] or the Clinton administration wanted to touch it. We never got any real attention for it.”

The FBI came across evidence that ISI was actually not pleased with Manafort’s work. The bureau’s investigation began in 2005 with a tip from a confidential informant (who was seeking a reduced prison term) that Fai and an associate in Pakistan, Zaheer Ahmad, were agents of the ISI. As part of the probe, agents obtained secret national security warrants to wiretap Fai’s communications; they also searched his home and offices. Among the evidence they seized: a December 1995 letter from Fai’s main ISI handler, identified as a Pakistani Army brigadier general named Javeed Aziz Khan, who went by the name of “Abdullah,” that criticized Fai for renewing a contract with a public relations firm, according to the FBI affidavit from a counterterrorism agent, Sarah Webb Linden, that was filed to support Fai’s detention in July 2011.

Lobbyist Charlie Black (Photo: Tom Williams/Roll Call/Getty Images)

Eight months later, at Fai’s sentencing hearing, prosecutor Kromberg for the first time identified the public relations firm as Black, Manafort, according to court records. He then detailed a dispute between Fai and his ISI handler over the Black, Manafort contract. Fai wrote back to Khan the next day insisting that the ISI official had in fact approved the renewal of the contract and noted that to “make it appear” that the council was a Kashmiri organization “financed by Americans,” there was a preexisting agreement that nobody from the Pakistani Embassy would ever contact Black, Manafort, said Kromberg. But Fai was overruled, according to Kromberg’s account. The ISI handler wrote back to Fai stating that that “‘we’ — a reference to the ISI — were unsatisfied with the performance of Black, Manafort & Stone, and advised Fai to terminate the contract immediately,” according to a transcript of Kromberg’s statement to the court.

Meanwhile, the FBI pursued even more alarming allegations relating to Ahmad, Fai’s Pakistan-based associate. According to a ProPublica account, the bureau questioned witnesses about a trip that Ahmad had allegedly made to Afghanistan with a Pakistani nuclear scientist, Sultan Bashiruddin Mahmood; the scientist was suspecting of having met with Osama bin Laden and Ayman al-Zawahiri in August 2001 to discuss the terror leaders’ interest in acquiring nuclear weapons.

Manafort, for his part, appears to have expanded his business connections in Pakistan. In 2013 he acknowledged to French investigators that, in 1994, he had received $86,000 from two arms dealers involved in the sale of French attack submarines to Pakistan’s navy. The payments were part of an arrangement to compensate Manafort for political advice and polling he provided to French presidential candidate Édouard Balladur — one part of a wide-ranging French investigation into alleged kickbacks from arms sales dubbed by the French press “the Karachi affair.”

One puzzling question about the Kashmir case is why, six years after the investigation began, the FBI decided to arrest Fai in 2011. One explanation, a source familiar with the case said, is that it came during a period of mounting tensions between the United States and Pakistan, much of it due to concerns among U.S. national security officials about the “double game” being played by the ISI. In May of that year, President Obama ordered the U.S. raid that killed bin Laden without informing the Pakistani military, in part because of fears that elements of the ISI (an arm of the military) might have been protecting the al-Qaida leader. Just weeks later, federal prosecutors in Chicago presented damning testimony in federal court that an ISI handler had directed one of the confessed conspirators in the 2008 terrorist attack in Mumbai — which killed 164 people, including six Americans — that was perpetrated by Lashkar-e-Taiba, a Pakistani-based group with links to al-Qaida committed to “liberating” Muslims from Indian rule in Kashmir.

Then, on July 18, after Fai returned from a trip to the United Kingdom, the FBI confronted him for the third time about whether he had any connections to the ISI — and he denied it. Fai was arrested, and he and Ahmad (who remained in Pakistan and died later that year) were charged in federal court with being unregistered foreign agents of Pakistan.

Hillary Granted Big $$ to Yunus and Grameen Bank

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Pssst, Stanley Ann Dunham, Barack’s mother also had historical connections to Grameen Bank. The audio and article are found here.

Even more from the Huffington Post: President Obama’s Mother, Hillary Clinton and Muhammad Yunus: Microcredit and Grameen in the U.S.

Thank you Secretary of State, Hillary Clinton, for your wonderful speech last Friday, January 23rd.

We have, with President Obama, someone who believes in development and diplomacy. Coming to the State Department yesterday sent a very strong signal. A few of you may even know, as I mentioned in my testimony before the Foreign Relations Committee, that the President’s late mother was an expert in microfinance and worked in Indonesia. I have been involved in microfinance since 1983, when I first met Muhammad Yunus and had Muhammad come to see us in Arkansas so that we could use the lessons from the Grameen Bank in our own country. I was actually looking forward to being on a panel with the President’s mother in Beijing on microfinance.

You were very warmly welcomed by foreign service workers who have been struggling through eight years of the US losing its moral footing in the world. You brought up a favorite subject, microcredit, and two of my favorite people (along with yourself), President Obama’s late mother, Ann Dunham Soetero, and Muhammad Yunus, my “boss.”

One of those helping President Obama’s late mother organize that meeting was Lawrence Yanovitch now heading up Poverty issues at the Gates Foundation. He spoke to me about his work with Ann Dunham Soetero when in Paris last year. This Obama victory is also a victory for her and her work with microcredit.

Microcredit is not the only answer but it surely should be an important part of not only how we restructure our own American economy, but how we support others around the world.

Microcredit helps women. Microcredit helps fight against fundamentalism and violence against women, children, immigrant communities, and makes the business-model approach to ending poverty a human one.

Muhammad Yunus’ work with the Grameen Bank has now made it to the US with Grameen America. Organizations such as the Grameen Foundation have been replicating this model around the world.

President Obama’s late mother “got it,” Hillary Clinton “got it”…years before others. Now let’s grow it at home and around the world. It’s one banking system that is actually working. What other bank these days is made up mostly of women borrowers and can claim a 98-99% payback rate? Surely not Citibank!

EXCLUSIVE: Disgraced Clinton Donor Got $13M In State Dept Grants Under Hillary

Thank you to DailyCaller News Foundation: Hillary Clinton’s Department of State awarded at least $13 million in grants, contracts and loans to her longtime friend and Clinton Foundation donor Muhammad Yunus, despite his being ousted in 2011 as managing director of the Bangladesh-based Grameen Bank amid charges of corruption, according to an investigation by The Daily Caller News Foundation.

The tax funds were given to Yunus through 18 separate U.S. Agency for International Development (USAID) award transactions listed by the federal contracting site USAspending.gov.

They highlight how Clinton mixed official government business with Clinton Foundation donors. Yunus gave between $100,000 to $300,000 to the foundation, according to the Clinton Foundation website.

Groups allied to Yunus received an additional $11 million from USAID, according to the contracting website. Yunus had business relationships with all of them.

For more than 30 years, Yunus oversaw the distribution of Grameen Bank “micro-credit loans” to the poor to set up small businesses. He was eventually regarded as a saint among many anti-poverty activists.

But he also got a big helping hand over the three decades Bill and Hillary Clinton actively promoted him and repeatedly showcased him as a celebrity figure at major Clinton Foundation functions.

The former president is credited with launching a personal lobbying campaign to press the Nobel Committee to award its peace prize to the Yunus. It did so in 2006.

Secretary Clinton’s mixing of official work with foundation donors is reportedly the focus of a second, less publicized FBI public corruption investigation of the former secretary of state. The more widely known FBI probe focuses on her use of a private email server located in her New York residence to conduct official government business.

“Presumably if The Daily Caller News Foundation has this information, then the FBI has it,” said Robert T. Hosko, former assistant director of the Bureau’s criminal division. “Certainly, the FBI would want to know the nature of these relationships,” he told TheDCNF.

“That’s precisely the sort of thing that the FBI would be looking at and should be looking at to determine whether there’s an official act of corruption,” he said.

The FBI declined comment, saying, “we generally do not comment on whether or not we’re conducting a particular investigation.”

Clinton was not shy about using her post as America’s chief diplomat on behalf of Yunus and Grameen Bank when the Bangladesh government announced an investigation into multiple allegations of financial mismanagement by the political activist.

Clinton rocked the Bangladeshi political establishment when she publicly intervened on behalf of Yunus in 2011 as the South Asian government prepared to launch its probe.

With Bangladesh Foreign Minister Dipu Moni — also a woman — at her side, Clinton said at a State Department news conference that “we have expressed directly to the government our concern and hope that the Grameen Bank … is able to continue to function productively on behalf of the people of Bangladesh.”

Emails from Clinton’s private server disclose that Bill and Hillary Clinton closely monitored the Bangladesh government’s investigation of Yunus, who is a high-profile fixture at most of the Clinton Foundation’s major gatherings. The foundation features him at 37 places on its website.

David Bossie, president of the conservative activist group Citizens United and a long-time Clinton critic, called for the FBI to look into possible conflicts of interest linked to the long association between Yunus and the Clintons.

“The mixing of State Department and U.S. government business with Clinton Foundation donors and interests is a prime example of what the FBI could be investigating in addition to the private email server setup.” Bossie told TheDCNF.

The Clinton-Yunus relationship dates from Bill Clinton’s tenure as Arkansas governor, when he and Hillary fell in love with the concept of micro-credit loans. Yunus, then a Bangladesh economist, has championed the micro-credit cause through Grameen Bank since 1978.

Things went terribly wrong for Yunus and Grameen Bank about five years ago when a number of independent authorities decided to take a closer look at the bank and the 50 inter-related enterprises Yunus created, most of which operate in Third World countries where there is little financial oversight.

Former Secretary Clinton and her husband closely followed Yunus’ mounting problems. A June 11, 2012 email from Amitabh Desai, the foundation’s foreign policy director, for example, alerted Hillary Clinton of a Yunus response to the Bangladesh investigation.

“In case you haven’t seen it already, WJC wanted HRC and you to see this,” Desai said in the email routed through Cheryl Mills, Hillary Clinton’s chief of staff, and Huma Abedin, her deputy chief of staff. “WJC” is Bill Clinton and “HRC” is Hillary Clinton.

Hosko said the email “is potentially an indicator of the co-mingling of state business with the Clinton Foundation. It is very concerning.”

Clinton’s aid to Yunus also included 18 grants, contracts and loans awarded to two of his America-based foundations, the Grameen Foundation USA and Grameen America, according to USASpending.gov.

The awards, totaling $13 million, were issued by the U.S. Agency for International Development, the development arm of the State Department, beginning when Clinton became secretary of state. Another $11 million in federal funds went to organizations allied with Yunus.

When asked to explain the Yunus grants and loans, USAID Spokesman Raphael Cook said the agency didn’t have the “manpower” to respond to questions about the transactions.

Other federal agencies also opened their coffers to Yunus after Clinton entered the administration. The Department of Treasury awarded a $600,000 grant directly to Grameen America under a fund designed to boost financial institutions in community development. A Treasury Department spokesman declined to provide any details beyond the fact the funds were for activities in New York.

A series of Small Business Administration grants to Grameen America also began in July 2011, totaling $934,000. Those grants were for “salaries and expenses” for the foundation to operate its New York offices where Clinton once a U.S. senator.

In addition to being revered among anti-poverty activists, Yunus was popular among elements of the Bangladesh military. When a group of generals overthrew the Bangladesh government in January 2007, Yunus considered establishing a new political party to lead the new military-led government, thereby legitimizing the coup.

The BBC reported April 7, 2007, that “the army would sponsor Nobel Peace prize winner Dr. Muhammad Yunus as a new leader.”

Sabir Mustafa, the BBC’s Bengali Service editor, added that “Dr. Yunus is still viewed as a credible candidate by elements in the army.” In the end, Yunus opted not to create the new party.

The Grameen Foundation, USA did not respond to a request for comment from TheDCNF. Neither did spokesmen for the Clinton presidential campaign or the Clinton Foundation.

 

 

F&F Per the 20,000 Pages, Impeach Lisa Monaco for Starters

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Fast and Furious, from the House Oversight and Government Reform Committee

 

1

F L A S H M E M O R A N D U M

April 14, 2016

To: Republican Members

Committee on Oversight and Government Reform

From: Chairman Jason Chaffetz

Re: Preliminary Update—The Fast and Furious Papers

Executive Summary

On January 19, 2016, U.S. District Judge Amy Berman Jackson ordered the Justice Department to produce documents to the Committee related to Operation Fast and Furious. The documents—previously withheld pursuant to the President’s executive privilege claim—detail the Department’s internal deliberations with respect to denying, and eventually admitting, that firearms were trafficked into the hands of Mexican cartel associates during Fast and Furious.

On April 8, 2016, the Department produced 20,500 pages of documents in response to Judge Jackson’s Order.

More than previously understood, the documents show the lengths to which senior Department officials went to keep information from Congress. Further, the documents reveal how senior Justice Department officials—including Attorney General Eric Holder—intensely followed and managed an effort to carefully limit and obstruct the information produced to Congress. Justice Department officials in Washington impeded the congressional investigation in several ways, including:

Presuming that allegations about gunwalking in Arizona were false and refusing to adjust when documents and evidence showed otherwise.

Politicizing decisions about how and whether to comply with the congressional investigation.

Devising strategies to redact or otherwise withhold relevant information from Congress and the public.

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Isolating the fallout from the Fast and Furious scandal to ATF leadership and the U.S. Attorney’s Office in Arizona.

Creating a culture of animosity towards congressional oversight.

Factual Background

On December 14, 2010, Customs and Border Patrol Agent Brian Terry, a United States Marine veteran, was killed while on patrol near Nogales, Arizona, just miles from the Mexican border. The only two firearms found at the scene were semi-automatic rifles that were allowed to walk as part of a firearms trafficking case named Operation Fast and Furious. The deadly Fast and Furious operation ultimately was responsible for allowing approximately 2,000 firearms to illegally flow into the hands of Mexican cartel associates.

The case was started by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Phoenix Field Division in 2009. In January 2010, ATF and the United States Attorney’s Office for the District of Arizona secured funding through the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF designation and the use of numerous wiretaps opened the door for significant oversight and supervision by Washington, D.C.-based Justice Department officials.

Congressional Republicans have investigated Fast and Furious since January 2011. Over the course of the investigation, the Justice Department has provided false information, stonewalled document requests, produced scores of blacked-out pages and duplicate documents in order to bolster its page count for public relations purposes, and refused to comply with two congressional subpoenas.

Litigation Background

On February 4, 2011, the Justice Department wrote to Congress and denied that law enforcement officers allowed straw purchasers to buy firearms illegally in the United States with the intent to traffic them without apprehension. On December 2, 2011—nearly ten months later—the Justice Department retracted that letter and confirmed federal investigators let weapons walk away in the hands of straw purchasers, many of whom entered Mexico during Operation Fast and Furious.

On October 12, 2011, the Committee issued a subpoena to then Attorney General Eric Holder to obtain documents and communications related to the Fast and Furious operation. As the investigation proceeded, understanding why, how, and when Justice Department officials determined the February 4 letter was false, and why it took so long for them to correct the record, became a primary focus. The Attorney General refused to produce the documents covered by the subpoena, and the President asserted executive privilege over the documents on June 20, 2012.

On June 28, 2012, the House of Representatives voted to hold the Attorney General in contempt because the President’s assertion of executive privilege was inappropriate and legally deficient. Concurrently, the House passed a civil contempt resolution authorizing a lawsuit 3

against the Justice Department to obtain the documents. The House of Representatives Office of General Counsel filed the lawsuit against the Justice Department on August 13, 2012.

Judge Amy Berman Jackson issued her opinion on January 19, 2016.

January 19, 2016 Order and Opinion

The Committee’s motion to compel the Justice Department to produce all the documents and communications it withheld pursuant to the President’s executive privilege claim asserted that: (1) those records are not deliberative, and therefore not eligible to be withheld under an executive privilege claim; and (2) even if they were, the privilege is outweighed in this instance by the Committee’s compelling need for the material.

Judge Jackson ruled executive branch communications regarding how to respond to congressional inquiries and other public relations communications are indeed eligible for executive privilege protection. However, Judge Jackson determined the privilege is outweighed in cases where Congress has a compelling need for the documents.

In this case, Judge Jackson decided the Committee’s need for the documents outweighed the Department’s need to protect itself from the limited harm that could come from releasing them.

Judge Jackson ordered the Justice Department to produce all documents and communications previously withheld as deliberative, among other things. Judge Jackson’s Order stated:

For the reasons stated above, it is ORDERED that plaintiff’s motion to compel [Dkt. # 103] is GRANTED insofar as it calls for the production of documents responsive to the October 11, 2011 subpoena that concern the Department of Justice’s response to congressional and media inquiries into Operation Fast and Furious which were withheld on deliberative process privilege grounds . . . . In all other respects, it is DENIED. Records subject to this order shall be produced to plaintiff by February 2, 2016.

It is further ORDERED that by February 2, 2016, defendant shall produce to plaintiff all segregable portions of any records withheld in full or in part on the grounds that they contain attorney-client privileged material, attorney work product, private information, law enforcement sensitive material, or foreign policy sensitive material. Whether any additional records or portions of records are to be produced is a matter to be resolved between the parties themselves.1

1 Order and Opinion of Judge Amy Berman Jackson, Comm. on Oversight and Gov’t Reform v. Loretta E. Lynch, Atty. Gen. of the U.S., Civil Action No. 12-1332 (ABJ) (Jan. 19, 2016). 4

The Committee’s Appeal

The House General Counsel filed a notice of appeal of Judge Jackson’s decision on behalf of the Committee on April 8, 2016. The Committee is seeking the remaining documents responsive to the lawsuit and subpoena that are still being inappropriately withheld by the Justice Department for other reasons.

The Justice Department’s Production

Within hours of the notice of appeal being filed, the Justice Department released thousands of documents to the Committee. Assistant Attorney General Peter Kadzik wrote an accompanying letter to the Committee. It stated:

[I]n light of the passage of time and other considerations, such as the department’s interests in moving past this litigation and building upon our cooperative working relationship with the committee and other congressional committees, the department has decided that it is not in the executive branch’s interest to continue litigating this issue at this time. The Department believes that the information provided to the Committee in the referenced production . . . obviates any need for further litigation on this matter.2

2 Letter from Peter Kadzik, Ass’t Atty. Gen., to Hon. Jason E. Chaffetz, Chairman, H. Comm. on Oversight and Gov’t Reform (Apr. 8, 2016).

3 Julian Hattem, Feds hand over ‘Fast and Furious’ docs as House appeals for more, THE HILL, Apr. 8, 2016.

4 DOJ-FF-04906.

In a story about the document production, The Hill wrote: “The decision to hand over documents amounts to an admission of failure for the administration, which had long insisted that many of the records were not eligible for Congress’s oversight.”3 This is true. It is also true, however, that the Justice Department continues to withhold thousands of documents covered by the Committee’s subpoena.

Preliminary Findings

Top Justice Department officials did not take questions from Congress about Fast and Furious seriously. In fact, in response to questions from Congress in January 2011, they presumed gunwalking did not occur and proceeded from there. That pattern persisted throughout the congressional investigation.

On January 31, 2011, U.S. Attorney Dennis Burke wrote to Justice Department officials in Washington to share his concerns about a letter from Senate Judiciary Committee Ranking Member Charles Grassley to ATF Director Kenneth Melson raising questions about whether guns were allowed to traffic into Mexico. Burke wrote: “Grassley’s assertions regarding the Arizona investigation and the weapons recovered at the BP agent Terry murder scene are based on categorical falsehoods. I worry that ATF will take 8 months to answer this when they should be refuting its underlying accusations right now.“4

5

 

Deputy Assistant Attorney General Jason Weinstein agreed: “This is a really important briefing for ATF – they need to nail it. . . . I’d be happy to work with ATF on the prep for this if it would be helpful.”5

5 DOJ-FF-04906.

6 DOJ-FF-04906.

7 DOJ-FF-04905.

8 DOJ-FF-44015—44018.

9 DOJ-FF-44015—44018.

10 DOJ-FF-44015—44018.

11 DOJ-FF-44015—44018.

12 DOJ-FF-11134.

Weinstein then suggested to Assistant Attorney General for the Criminal Division Lanny Breuer that he email Melson “offering any assistance they need for the Grassley briefing.”6 Weinstein further advised that “ATF can and should strongly refute” that a Fast and Furious weapon was involved in the Brian Terry attack.7

 On Friday, June 17, 2011, in response to news reports that firearms used in a high-profile kidnapping and murder were linked to Fast and Furious, Associate Deputy Attorney General Matt Axelrod emailed ATF, asking: “Were two F&F guns actually traced to the scene of this kidnapping? Can you run that down for us?”8 ATF dismissed the connection by responding that day: “[T]o suggest the guns are linked is like saying there was a murder in southeast three weeks ago. Tonight a car load of guys g[o]t caught with guns in southeast. Ergo the guns are linked to the murder.”9

Only after Chairman Issa and Ranking Member Grassley wrote to the Ambassador of Mexico on June 21, 2011 to ask for further details did Axelrod ask more probing questions of ATF.10 Subsequently, on June 22, 2011, Associate Deputy Attorney General Matt Axelrod emailed senior officials, including Deputy Attorney General Jim Cole: “I just heard from ATF. Their initial reporting on this was incorrect. Evidently, when MX law enforcement arrested the kidnappers at their hideout, they seized a number of firearms, two of which tie back to Fast and Furious. I’ll double check Issa’s letter in the morning, but it appears that the allegations in it (and in the Fox News report) are accurate.”11

Top Justice Department officials viewed the congressional investigation through a highly political lens. They constantly made decisions about whether and when to turn over documents based on political and public relations considerations.

 On March 9, 2011, Assistant Attorney General for Legislative Affairs Ron Weich forwarded a letter from the National Rifle Association to a group of senior Justice Department officials. The letter urged the House Judiciary Committee to hold hearings on ATF firearms trafficking enforcement tactics. Weich stated: “Chutzpah. The NRA’s now-public involvement in this may be useful in convincing reporters that this is part of the overall effort to discredit ATF.”12

6

 

 On May 4, 2011, Attorney General Holder weighed in on the topic of how to respond to a Wall Street Journal article about Lanny Breuer’s role in Fast and Furious. He asked a group of top Justice Department officials: “If we go out with something do we make it worse?”13 In response to a subsequent email from a Criminal Division lawyer providing additional details about how wiretap applications are reviewed, Holder responded: “Ok- but everyone get ready- this isn’t about facts.”14

13 DOJ-FF-00657.

14 DOJ-FF-00656.

15 DOJ-FF-43037.

16 DOJ-FF-43037.

17 DOJ-FF-43037.

18 DOJ-FF-60096.

19 DOJ-FF-60096.

 On June 15, 2011, Stephen Kelly, the top legislative affairs official for the Federal Bureau of Investigation, emailed top Justice Department officials about whether to provide certain material responsive to the Committee’s subpoena:

[T]his is a very bad idea. This will become precedent for Sen. Grassley’s office to seek actual documents from DoJ and the FBI in pending criminal investigations, and there’s a better than 50/50 chance that Sen. Grassley will become Chairman of the Judiciary Committee in the next cycle. If the documents are provided here, we can expect to see specific requests to DoJ and the FBI for documents in pending criminal investigations as a routine matter from Committee chairs, potentially including Sen. Grassley.15

The FBI’s General Counsel, Valerie Caproni, weighed in on Kelly’s assessment with “I agree.”16 Lisa Monaco responded to the group, “I have spoken with folks here on this and think for now we will not be providing this[.]”17

In determining how the Department would describe in a letter to Chairman Issa the information being withheld, on September 19, 2011, DOJ lawyer Paul Colborn suggested “deleting the sentence giving a page count on our memos on memos withholding.”18 He went on to reason, “I think giving a page count is an inappropriate accommodation at this point. They have no legitimate oversight interest in that information.”19

 On October 5, 2011, DOJ Office of Public Affairs Director Matthew Miller emailed Attorney General Eric Holder:

If I were you, I would want answers from the entire team ([Deputy Attorney General Jim] Cole, [Associate Deputy Attorney General Steven] Reich, on down), on why the Department let Issa decide what to do with these memos. The whole point of the review is to find things like this and come up with plans for dealing with them. It should have been obvious that these memos were going to be a huge target, and instead of 7

just handing them over, the Department should have put them out to reporters on its own terms, instead of letting Issa do it. Give them to Issa at the same time you give them to the press with an explanation that takes the air out of the balloon. And if the answer is we owe it to Issa to give him this stuff first – well, that’s obviously ridiculous.20

20 DOJ-FF-61875.

21 DOJ-FF-61875.

22 DOJ-FF-12213—12214.

23 DOJ-FF-21337.

24 DOJ-FF-21335.

Holder forwarded the email to his chief of staff, Gary Grindler, with the comment, “I agree.”21

Top Justice Department officials in Washington wanted Congress and the public to have as little information as possible. They carefully chose language to minimize Congress’s and the public’s understanding of the role of the Department’s political staff in Fast and Furious.

 On March 16, 2011, an ATF official weighed in on the Justice Department’s response to a letter from House Judiciary Committee Chairman Lamar Smith. Chairman Smith’s letter asked several questions about Operation Fast and Furious, including “How many weapons have been allowed to pass to Mexico under the program known as ‘Fast and Furious’”? The ATF official advised senior Justice Department officials to exclude key information from their response. He wrote: “We would suggest that you pull the sentence that notes how many weapons we’ve recovered. It squares poorly with how many we haven’t.”22

 On March 31, 2011, senior Justice Department officials in Washington were discussing an imminent subpoena from Chairman Issa. Assistant Attorney General for National Security Lisa Monaco asked the group: “[W]hat’s the status of the response to [I]ssa that had been discussed to try to buy time?”23 DOJ Office of Public Affairs Director Matthew Miller subsequently drafted a letter to Chairman Issa. Regarding that draft, DOJ lawyer Paul Colborn wrote to Ron Weich: “Ron, Matt’s draft is not a good letter. Much too weak on the open investigation point and suggesting we’ll provide a ‘substantial’ number of documents while withholding only ‘some’ relating to the investigation into the death of the agent. Much more likely, it’s the reverse: we’ll provide only some and withhold a substantial number, and they concern not just the murder investigation but also the longstanding Fast and Furious investigation.”24

 On May 3, 2011, top Justice Department officials were discussing whether to give a statement to the Wall Street Journal for an impending story on the Fast and Furious investigation. The Wall Street Journal was preparing to report that Lanny Breuer’s office approved wiretaps which described questionable investigative techniques in March 2010. DOJ Office of Public Affairs Director Matthew Miller recommended against issuing a statement. In an email to Breuer and other top DOJ officials, he wrote: “I think people will accuse us of playing with semantics when we say that you did not authorize Fast and

8

 

Furious, but they find out that CRM [DOJ’s Criminal Division] did authorize wiretaps.”25

25 DOJ-FF-28895.

26 DOJ-FF-28985.

27 Evan Perez, Lawmakers Step Up Probe of Gun Trafficking Operation, WALL ST. J., May 4, 2011.

28 DOJ-FF-48038.

29 DOJ-FF-00002.

30 DOJ-FF-00002.

 Later on May 3, 2011, top officials from DOJ’s Office of Public Affairs and other top DOJ officials were discussing how to respond to press inquiries about Lanny Breuer’s role in authorizing Fast and Furious. Officials from the Criminal Division wanted to issue a definitive denial that Breuer authorized the ATF operation. Office of Public Affairs Director Tracy Schmaler warned her colleagues: “. . . we run the risk of seeming disingenuous to some who will not take our explanation that aspects of the operation are not the same as authorizing the operation.”26 DOJ’s statement to the Wall Street Journal wound up being misleading and minimized Breuer’s role in Fast and Furious: “[The wiretap approvals are] a narrow assessment of whether a legal basis exists to support a surveillance request that ultimately goes before a judge for decision. These reviews are not approval of the underlying investigations or operations.”27

 On July 6, 2011, a draft letter to Chairman Issa and Ranking Member Cummings was circulated to senior Justice Department officials. In response, Department official Faith Burton wrote, “I’d stay away from the representation that we’ll fully cooperate in the future . . .” and removed language from the draft letter.28

 On August 17, 2011, Associate Deputy Attorney General Matt Axelrod wrote an email to ATF Assistant Deputy Director of the Office of Public and Governmental Affairs Chris Shaefer. In the email, Axelrod provided feedback in response to a draft external communication related to Fast and Furious. Axelrod advised Shaefer the draft “wades further than the last version into details and conclusions about Fast and Furious, which strikes us as unwise given the evolving nature of what we’re still learning about the underlying facts and the risk that what you say will be twisted and taken out of context by agency critics.”29

Axelrod further instructed Shaefer to keep his communications about Fast and Furious “high level.”30

The Justice Department’s political staff in Washington took steps to isolate the fallout from Fast and Furious to ATF and the U.S. Attorney’s Office in Arizona.

 On August 28, 2011, Attorney General Holder was strategizing with top officials in Washington about how to announce ATF Director Ken Melson and U.S. Attorney Dennis Burke would resign due to their roles in Fast and Furious. Holder was concerned the news would leak early because Melson had already cleaned out his office. He instructed his staff

9

 

to have someone at ATF “close the door to his office.”31 Deputy Attorney General Jim Cole worried announcing Melson’s resignation would create the appearance Melson was the only official being removed. He wrote to Holder: “The problem with going earlier than Tuesday is that we won’t have Dennis in the package.“32

31 DOJ-FF-01272.

32 DOJ-FF-01310.

33 DOJ-FF-01310.

34 DOJ-FF-01310.

35 DOJ-FF-01268-69.

36 DOJ-FF-01268.

37 DOJ-FF-01267.

38 DOJ-FF-57853.

39 DOJ-FF-57852.

Holder responded: “Let’s hold all until Tuesday as planned.”33 He replied to his own email: “We have to make known the breadth of the changes- at the top in USAO and ATF. At worker level at USAO and ATF. No one is a fall guy here.”34

Further proof of the coordination by main Justice of the Melson and Burke staff changes occurred when Melson emailed a proposed “draft press release” he “would like to issue from ATF.”35 David O’Neil responded to the chain (with Holder cc’ed):

Ken’s message below reads like he may think he’s giving us a heads-up on the message he plans to send on Monday as opposed to asking for clearance. If we haven’t made clear to him that we want to approve/coordinate any messaging about this, we probably should say that OPA is going to revise the first draft he shared and we’ll get back to him with a new one.36

Stuart Goldberg alerted the email chain: “the DAG [Jim Cole] did tell him the change would be announced on Tuesday,” to which Holder questioned “Did Jim say it in Spanish?” Cole responded, “Further proof of the need for a change.”37

Talking points drafted by Ron Weich to communicate to congressional staff made clear both Melson and Burke were intended to be the scapegoats, noting: “These changes will help us move past the controversy that has surrounded Fast and Furious. Ken Melson and Dennis Burke have both acknowledged mistakes in that area, and it will be useful to turn the page from those mistakes.”38

According to Weich, Holder expected to “have these conversations personally,” but Weich believed “there may be a value in keeping the AG a step removed.”39 10

Top Justice Department officials disingenuously relied on the ongoing investigation by the Inspector General to ward off outside investigations.

On March 15, 2011, Justice Department officials in Washington and the U.S. Attorney’s Office in Arizona discussed “noises that they [the Mexican government] are opening a criminal investigation of ATF for Fast and Furious . . . .”40 DOJ Criminal Division Office of International Affairs Director Molly Warlow advised that the Inspector General’s review “shouldn’t have any interplay at all [with the Mexican government’s investigation], unless we wanted to (or needed to) invoke that as reason (even if disingenuously) to shelve the Mexican inquiry. I can see nothing but mischief (and headaches for us) in the mexicans pursuing this, so I would like to see if there is a way we can turn it off, and the sooner the better.”41

40 DOJ-FF-12160.

41 DOJ-FF-12160.

Going Forward

On April 8, 2016, the Committee filed a notice of appeal to the U.S. Court of Appeals for the D.C. Circuit. House General Counsel will file the appeal on behalf of the Committee, pursuant to the Federal Rules of Appellate Procedure. The purpose of the appeal is to obtain the full range of documents for which the Committee issued a subpoena in 2011 and brought this lawsuit in 2012. We expect those documents—which are still being withheld for inappropriate reasons by the Justice Department—will answer some of the outstanding questions about Operation Fast and Furious.

The emails and other internal Justice Department communications described in this memorandum represent a small subset of the 20,500 pages that the Committee received on April 8, 2016. Committee staff are working vigorously to review the entire set of documents that the Justice Department turned over to piece together how and why senior political officials in Washington obstructed the congressional investigation of Fast and Furious. The Committee will supplement the preliminary findings contained in this memorandum with a more complete report as soon as practicable. 11

APPENDIX: TIMELINE OF KEY DATES

December 14, 2010: Border Patrol Agent Brian Terry was fatally shot.

January 27, 2011: Sen. Charles Grassley wrote a letter to ATF Acting Director Kenneth E. Melson requesting information about the ATF-sanctioned sale of hundreds of firearms to straw purchasers. The letter mentioned a number of allegations that walked guns were found at the scene of the fire fight that killed Border Patrol Agent Brian Terry.

February 4, 2011: The Justice Department responded to Sen. Grassley and denied that law enforcement officers allowed straw purchasers to buy firearms illegally in the United States and take them into Mexico without being apprehended.

March 16, 2011: Chairman Issa wrote to then-Acting ATF Director Kenneth E. Melson requesting documents and information regarding Fast and Furious.

March 22, 2011: President Obama appeared on Univision and spoke about the “gunwalking” controversy. The President said neither he nor Attorney General Holder authorized Fast and Furious. He also stated, “There may be a situation here in which a serious mistake was made, and if that’s the case then we’ll find out and we’ll hold somebody accountable.”

March 31, 2011: The Committee issued a subpoena to Melson. The Department produced zero pages of non-public documents pursuant to that subpoena until June 10, 2011, on the eve of the Committee’s first Fast and Furious hearing.

October 12, 2011: Chairman Issa issued a subpoena for documents to the Justice Department. That subpoena, and its successors, is the subject of the ongoing litigation between the Committee and the Justice Department.

November 8, 2011: Holder stated for the first time in testimony before the Senate Judiciary Committee that “gunwalking” occurred in Fast and Furious.

December 2, 2011: The Justice Department retracted the February 4 letter and confirmed that federal investigators did in fact permit weapons to enter Mexico during Operation Fast and Furious.

June 20, 2012: The President asserted executive privilege over some of the documents being withheld by the Attorney General.

June 28, 2012: The House of Representatives voted (255-67) to hold the Attorney General in contempt because the President’s assertion of executive privilege was invalid, among other reasons. The House also passed (258-95) a civil contempt resolution that authorized a lawsuit against the Justice Department to obtain the documents. 12

August 13, 2012: The House of Representatives Office of General Counsel filed the lawsuit against the Justice Department.

January 19, 2016: Judge Amy Berman Jackson issued her order and opinion.

April 8, 2016: The House General Counsel filed a notice of appeal of Judge Jackson’s order so the Committee can secure the full range of documents for which it brought the lawsuit.

The Justice Department provided 20,500 pages of documents in response to Judge Jackson’s order.

 

Obama’s My Brother’s Keeper Initiative with Rappers

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This site has posted about the ‘My Brother’s Keeper Initiative previously. This was the genesis of the matter of equalizing law enforcement across the country. Additionally it is part of the Obama jailbreak operation, releasing only minor drug offenders from prison, you know those…there were non-violent? Of the last released of 61 he released and gave a pardon, 1/3 of them were serving life sentences.

Both Hillary and Bernie have also joined into the program by supporting a stop to ‘mass incarceration’ on the campaign trail.

This part Friday, it seems Obama brought into the White House some real experts on the matter.

Must have been a great Friday night at the White House.

***

     

All Your Favorite Rappers Met With President Obama About Criminal Justice Reform

Nicki Minaj, Chance the Rapper, Alicia Keys, and others were in attendance

President Obama hosted some of hip-hop’s biggest stars for a meeting at the White House on Friday.

Time: According to a White House official Nicki Minaj, Chance the Rapper, Alicia Keys, Wale, J. Cole, and Ludacris were among the stars who sat down with Obama and some of his top advisers to talk about criminal justice reform and the My Brother’s Keeper Initiative. An official says the stars were singled out due to their work within communities to confront issues facing young people

“Through their own nonprofit work or artistic commitment, many of these artists have found ways to engage on the issues of criminal justice reform and empowering disadvantaged young people across the country,” an official says.

A source close to the White House says DJ Khaled is also attending the meeting.

The President and his team have focussed on the issue of criminal justice throughout his second term. Most recently, the president commuted the sentences of dozens of drug offenders, many of whom will be released from federal custody this summer. Obama has also made a point of championing programs that address disadvantages faced by young men and boys of color, chiefly through his My Brother’s Keeper Initiative.

According to the White House, the celebrities Obama has convened have also been active on the subject of criminal justice. Singer Alicia Keys has lobbied Congress to pass criminal justice reform legislation while Chance the Rapper leads an anti-violence campaign in the president’s hometown of Chicago. Many of the other guests including Common, J.Cole, and Wale encourage and support youth through programming.

The meeting is said to have started earlier in the afternoon.