10/18/2016: Lawsuit Filed Against Hillary Clinton

WikiLeaks has in fact been of great assistance and will continue to be. WikiLeaks also tells us Hillary wants Obamacare to fail in order to implement a single payer system.

.pdf of Formal Complaint is here.

October 18, 2016

Office of the General Counsel

Federal Election Commission

999 E Street, NW

Washington, D.C. 20463

Re: Complaint Against Hillary for America, the Democratic National

Committee, Democracy Partners, Americans United for Change, and other

known and unknown individuals and groups.

To Whom It May Concern:

Complainant

The Public Interest Legal Foundation (“PILF”) is a non-profit educational and legal foundation

dedicated to protect the right to vote, preserve the Constitutional framework of American

elections, and educate the public on the issue of election integrity. As part of its mission, PILF

gathers and analyzes information regarding potential violations of federal and state election laws

and informs the public about these violations and concerns.

This complaint is filed on behalf of the Public Interest Legal Foundation by Joseph A.

Vanderhulst, Legal Counsel with PILF at 209 West Main Street, Plainfield, Indiana 46168,

pursuant to 52 U.S.C. § 30109(a)(1).

Respondents

Hillary for America

(Committee ID C00575795)

P.O. Box 5256

New York, NY 10185-5256

Jose H. Villarreal

Treasurer, Hillary for America

P.O. Box 5256

New York, NY 10185-5256

Democratic National Committee

430 South Capitol Street Southeast

Washington, DC 20003

Democracy Partners

1250 Eye Street, NW, Ste. 250

Washington, DC 20005

Bob Creamer

Strategist, Democracy Partners

1250 Eye Street, NW, Ste. 250

Washington, DC 20005

Americans United for Change

P.O. Box 34606

Washington, D.C. 20043

202-470-6954

Scott Foval

National Field Director, Americans United for Change

P.O. Box 34606

Washington, D.C. 20043

202-470-6954

Voces de la Frontera Action

1027 S. 5th Street

Milwaukee, WI 53204

Tel. 414-643-1620

Unknown Groups and Individuals Associated with Respondents

Summary

This complaint is based on information and belief that respondents have engaged in public

communications, campaign activity, targeted voter registration drives, and other targeted GOTV

activity under 11 C.F.R. 100.26 and 11 C.F.R. 114.4 at the request, direction, and approval of the

Hillary for America campaign committee and the Democratic National Committee in violation of

11 C.F.R. 109.20 and 11 C.F.R. 114.4(d)(2) and (3).

Complainant’s information and belief is based on findings from an investigation conducted by

Project Veritas Action and their published reports regarding the same, as well as on news

sources.

“If the Commission, upon receiving a complaint . . . has reason to believe that a person has

committed, or is about to commit, a violation of [the FECA] . . . [t]he Commission shall make an

investigation of such alleged violation . . . .” 52 U.S.C. § 30109(a)(2); see also 11 C.F.R. §

111.4(a).

Facts and Violations

Alien Registration Drives

On information and belief based on published reports and findings from an investigation by

Project Veritas Action, several groups including Americans United for Change and Voces de la

Frontera Action and other unknown groups have engaged in voter registration drives and other

GOTV activity during the 2016 election cycle. These activities potentially registered persons

who were not citizens. This activity is regulated under 11 C.F.R. 114.4.

On the same information and belief, these voter registration drives and other GOTV activity

were coordinated with DNC and HFA by express communication through agents of Democracy

Partners and The Foval Group. These communications resulted in coordination of voter

registration activity in violation of 11 C.F.R. 114.4(c)(2) and (d)(2)-(4) by all parties involved.

Also, because they were coordinated with a political party or campaign, there voter registration

activities deliberated targeted demographic groups because they were statistically more likely to

support a particular party or candidate in violation of 11 C.F.R. 114.4(c)(2) and (d)(2)-(4) by all

parties involved.

Paid Protesters

As reported in several news sources, disruptions, including incidents of violence, have occurred

at rallies held by the Trump for President campaign. Based on published reports, these

disruptions were instigated by paid professional protestors arranged by third party groups at the

coordination and direction of agents of Democracy Partners and The Foval Group at the request

and approval of agents of DNC and HFA.

On information and belief based on published reports and findings from an investigation by

Project Veritas Action, these disruptions include the payment of protesters “wherever Trump and

Pence are going to be.” Based on these reports, it appears that all violent disruptions at Trump

for President campaign rallies have been executed by paid protesters trained and instructed in

their speech and conduct to advocate against Trump and in support of Clinton.

On information and belief based on the same source, agents of DNC and HFA communicated

with the third party groups and individuals engaging in the activity and content through agents of

Democracy Partners and The Foval Group in order to request and approve the communications.

Through a direct chain of communication, this constituted coordination under 11 C.F.R.

109.21(d)(1)-(5).

Other Public Communications and Campaign Activities

On information and belief based on published reports, all public communications as defined in

11 C.F.R. 109.21(c) done by Americans United for Change, including the activities described in

Exhibit A, were done at or with the direction, approval, suggestion, or after material discussion

regarding the timing, content, and audience of the communications, of the DNC and Hillary for

America campaign.

Conclusion

Upon information and belief, and based upon the facts set forth above, Respondents Hillary for

America, the Democratic National Committee, Democracy Partners, Americans United for

Change, and their agents, named and unnamed above, have, each of them, individually and

collectively, violated the Federal Election Campaign Act of 1971, as amended, and must be held

accountable and liable for their unlawful actions.

On behalf of PILF, I hereby request an investigation into whether the respondents identified

above, or any other related parties, have violated federal campaign finance laws. The information

uncovered by this investigation, including this initial complaint, will be used by PILF to educate

the American people about the laws governing our elections and current and potential threats to

election integrity.

Thank you for your prompt attention to this matter. Please contact me if you have further

questions.

Respectfully submitted,

PUBLIC INTEREST LEGAL FOUNDATION

Joseph A. Vanderhulst

Legal Counsel

I hereby affirm and state under penalty of perjury that the foregoing statements are true and

correct to the best of my knowledge and belief.

Joseph A. Vanderhulst

Subscribed and sworn to me on this day of , 2016, by Joseph A.

Vanderhulst, President and General Counsel of Public Interest Legal Foundation.

Notary Public

**** Additionally, here is yet an additional Federal Statue where Hillary Clinton is in violation and a lawsuit may be pending in this regard.

 

18 U.S.C. § 208, the basic criminal conflict of interest statute, prohibits an executive branch employee from participating personally and substantially in a particular Government matter that will affect his own financial interests, as well as the financial interests of:

  • His spouse or minor child;
  • His general partner;
  • An organization in which he serves as an officer, director, trustee, general partner or employee; and
  • A person with whom he is negotiating for or has an arrangement concerning prospective employment.

Financial Interests in a Particular Matter

An employee has a disqualifying financial interest in a particular matter only if there is a close causal link between a particular Government matter in which the employee participates and any effect on the asset or other interest (direct effect) and if there is a real possibility of gain or loss as a result of development in or resolution of that matter (predictable effect). Gain or loss need not be probable. The possibility of a benefit or detriment must be real, not speculative. One common point of confusion is distinguishing between an asset or other interest and a financial interest in a particular matter under 18 U.S.C. § 208. The financial interest is the possibility of gain or loss (of the value of an asset or other interest) resulting from a particular matter, not the asset or interest itself. Thus, a person could have a large holding but only a relatively small financial interest in the particular matter, because the potential for gain or loss is small.

Exemptions

The criminal prohibition has no de minimis level. That is, it applies where any financial interest exists, no matter how small. Under 18 U.S.C. § 208(b)(2), however, OGE has the authority to establish blanket exemptions for financial interests considered too remote or too inconsequential to affect the integrity of the employee’s services. OGE has established several exemptions. The exemptions can be found in the implementing regulation for the statute, 5 C.F.R. part 2640. An employee who qualifies for an exemption can participate in official matters without violating 18 U.S.C. § 208, even though he has what would otherwise be a disqualifying financial interest in the matters. In addition to the exemptions established by OGE, there is an exception in the statute itself at 18 U.S.C. § 208(b)(4) for employees that have certain Native American or Alaska Native birthrights. If the financial interest that would be affected by the particular matter is that resulting solely from the interest of employee or the spouse or minor children in certain Native American or Alaska Native birthrights, the employee may participate in the particular matter without violating 18 U.S.C. § 208.

Waivers

The criminal financial conflict of interest statute has two separate waiver provisions. An employee who has been granted a waiver can participate in official matters without violating 18 U.S.C. § 208, even though he has what would otherwise be a disqualifying financial interest in the matters. Ethics officials often use waivers for broad particular matters, such as general policy matters, in conjunction with a recusal from particular matters involving specific parties for a specific financial interest. The two types of waivers are:

  • 208(b)(1): A waiver issued by the employee’s agency that covers certain financial interests that are not so substantial as to affect the integrity of the employee’s services.
  • 208(b)(3): A waiver for special government employees on Federal Advisory Committee Act committees when the need for services outweighs the potential for conflicts.

The Search and Destroy History of Hillary Clinton

While America and actually the world is witnessing this National Enquirer headline presidential campaign for both Donald and Hillary, the one item that seems to be omitted completely is the Bill Clinton/Sandy Berger theft of documents from the National Archives. In case you need a reminder and a refresher including documents, a sampling is below, that is a compilation of FOIA requests.

nara-foia-sandy-berger

How about this? WikiLeaks Podesta email selection: It seems there could be some classified material in this communication.

Re: Here’s what I mentioned

Date: 2014-08-19 11:21
Subject: Re: Here’s what I mentioned
Agree but there may be opportunities as the Iraqi piece improves. Also, any idea whose fighters attacked Islamist positions in Tripoli, Libya? Worth analyzing for future purposes.
From: John Podesta [mailto:[email protected]]
Sent: Tuesday, August 19, 2014 09:19 AM
To: H Subject: Re: Here’s what I mentioned Hit send too soon.
Meant to say Syria elements are vexing.
On Aug 19, 2014 9:17 AM, “John Podesta” <[email protected]<mailto:[email protected]>> wrote:
I think we are headed down this path in Iraq, but the Syria elements are
On Aug 17, 2014 3:50 PM, “H” <[email protected]<mailto:[email protected]>> wrote:
Note: Sources include Western intelligence, US intelligence and sources in the region. 1. With all of its tragic aspects, the advance of ISIL through Iraq gives the U.S. Government an opportunity to change the way it deals with the chaotic security situation in North Africa and the Middle East. The most important factor in this matter is to make use of intelligence resources and Special Operations troops in an aggressive manner, while avoiding the old school solution, which calls for more traditional military operations. In Iraq it is important that we engage ISIL using the resources of the Peshmerga fighters of the Kurdish Regional Government (KRG), and what, if any, reliable units exist in the Iraqi Army. The Peshmerga commanders are aggressive hard fighting troops, who have long standing relationships with CIA officers and Special Forces operators. However, they will need the continued commitment of U.S. personnel to work with them as advisors and strategic planners, the new generation of Peshmerga commanders being largely untested in traditional combat. That said, with this U.S. aid the Kurdish troops can inflict a real defeat on ISIL. 2. It is important that once we engage ISIL, as we have now done in a limited manner, we and our allies should carry on until they are driven back suffering a tangible defeat. Anything short of this will be seen by other fighters in the region, Libya, Lebanon, and even Jordan, as an American defeat. However, if we provide advisors and planners, as well as increased close air support for the Peshmerga, these soldiers can defeat ISIL. They will give the new Iraqi Government a chance to organize itself, and restructure the Sunni resistance in Syria, moving the center of power toward moderate forces like the Free Syrian Army (FSA). In addition to air support, the Peshmerga also need artillery and armored vehicles to deal with the tanks and other heavy equipment captured from the Iraqi army by ISIL. 3. In the past the USG, in an agreement with the Turkish General Staff, did not provide such heavy weapons to the Peshmerga, out of a concern that they would end up in the hands of Kurdish rebels inside of Turkey. The current situation in Iraq, not to mention the political environment in Turkey, makes this policy obsolete. Also this equipment can now be airlifted directly into the KRG zone. 4. Armed with proper equipment, and working with U.S. advisors, the Peshmerga can attack the ISIL with a coordinated assault supported from the air. This effort will come as a surprise to the ISIL, whose leaders believe we will always stop with targeted bombing, and weaken them both in Iraq and inside of Syria. At the same time we should return to plans to provide the FSA, or some group of moderate forces, with equipment that will allow them to deal with a weakened ISIL, and stepped up operations against the Syrian regime. This entire effort should be done with a low profile, avoiding the massive traditional military operations that are at best temporary solutions. While this military/para-military operation is moving forward, we need to use our diplomatic and more traditional intelligence assets to bring pressure on the governments of Qatar and Saudi Arabia, which are providing clandestine financial and logistic support to ISIL and other radical Sunni groups in the region. This effort will be enhanced by the stepped up commitment in the KRG. The Qataris and Saudis will be put in a position of balancing policy between their ongoing competition to dominate the Sunni world and the consequences of serious U.S. pressure. By the same token, the threat of similar, realistic U.S. operations will serve to assist moderate forces in Libya, Lebanon, and even Jordan, where insurgents are increasingly fascinated by the ISIL success in Iraq. 6. In the end the situation in Iraq is merely the latest and most dangerous example of the regional restructuring that is taking place across North Africa, all the way to the Turkish border. These developments are important to the U.S. for reasons that often differ from country to country: energy and moral commitment to Iraq, energy issues in Libya, and strategic commitments in Jordan. At the same time, as Turkey moves toward a new, more serious Islamic reality, it will be important for them to realize that we are willing to take serious actions, which can be sustained to protect our national interests. This course of action offers the potential for success, as opposed to large scale, traditional military campaigns, that are too expensive and awkward to maintain over time. 7. (Note: A source in Tripoli stated in confidence that when the U.S. Embassy was evacuated, the presence of two U.S. Navy jet fighters over the city brought all fighting to a halt for several hours, as Islamist forces were not certain that these aircraft would not also provide close ground support for moderate government forces.) 8. If we do not take the changes needed to make our security policy in the region more realistic, there is a real danger of ISIL veterans moving on to other countries to facilitate operations by Islamist forces. This is already happening in Libya and Egypt, where fighters are returning from Syria to work with local forces. ISIL is only the latest and most violent example of this process. If we don’t act to defeat them in Iraq something even more violent and dangerous will develop. Successful military operations against these very irregular but determined forces can only be accomplished by making proper use of clandestine/special operations resources, in coordination with airpower, and established local allies. There is, unfortunately, a narrow window of opportunity on this issue, as we need to act before an ISIL state becomes better organized and reaches into Lebanon and Jordan. 9. (Note: It is important to keep in mind that as a result of this policy there probably will be concern in the Sunni regions of Iraq and the Central Government regarding the possible expansion of KRG controlled territory. With advisors in the Peshmerga command we can reassure the concerned parties that, in return for increase autonomy, the KRG will not exclude the Iraqi Government from participation in the management of the oil fields around Kirkuk, and the Mosel Dam hydroelectric facility. At the same time we will be able to work with the Peshmerga as they pursue ISIL into disputed areas of Eastern Syria, coordinating with FSA troops who can move against ISIL from the North. This will make certain Basher al Assad does not gain an advantage from these operations. Finally, as it now appears the U.S. is considering a plan to offer contractors as advisors to the Iraqi Ministry of Defense, we will be in a position to coordinate more effectively between the Peshmerga and the Iraqi Army.)     

Hillary Revealed Through Hacked Podesta Emails

Nah….she isn’t all that is she? uh huh…..and she for sure has a system to keep her own fingerprints off the trail while her custom designed human firewall does all the work.

  CNN

Seems the Hillary campaign instigated by Brian Fallon was working to get Trey Gowdy’s emails on the matter of the Benghazi investigation and approached the vice chair of the committee Elijah Cummings.

7 biggest revelations from WikiLeaks release of Podesta emails

FNC: Here are seven of the biggest revelations so far:

‘SPOILED BRAT’

Top Bill Clinton lieutenant Doug Band, in an alleged 2011 exchange with Podesta, tore into Chelsea Clinton, who had apparently been raising questions about the company Band co-founded, Teneo.

“I don’t deserve this from her and deserve a tad more respect or at least a direct dialogue for me to explain these things,” Band wrote in November. “She is acting like a spoiled brat kid who had nothing else to do but create issues to justify what she’s doing because she, as she has said, hasn’t found her way and has a lack of focus in her life.”

BILL CLINTON ‘LOSING IT’

Bill Clinton has long had a soft spot for New Hampshire, the state that made him the “Comeback Kid” and helped propel him to the Democratic nomination in 1992. So when it seemed on Feb. 7 that Hillary Clinton was set to lose the state’s primary by a large margin, Bill did not take the news well.

“He’s losing it bad today,” Bill Clinton chief of staff Tina Flournoy wrote. “I’m not with him. If you’re in NH please see if you can talk to him.”

Vermont Sen. Bernie Sanders went on to beat Clinton in the Granite State 60-to-38 percent on Feb. 9.

Bill Clinton wasn’t alone in his despondency.

Neera Tanden, an activist and past adviser to Hillary Clinton, wrote to Podesta on Feb. 4: “What is wrong w the people of Nh?”

COZY WITH THE PRESS

The alleged Podesta emails show a particular level of comfort with certain members of the news media.

CNBC correspondent John Harwood emailed Podesta numerous times, on some occasions to request an interview and other times to offer advice. On May 8, 2015, Harwood wrote an email with the subject line “Watch out.”

“Ben Carson could give you real trouble in a general [election],” Harwood wrote before linking to video clips of an interview Harwood did with the former pediatric neurosurgeon.

In a July 2015 email, New York Times reporter Mark Leibovich emailed communications director Jennifer Palmieri several chunks of an interview he did with Hillary Clinton, and seemingly asked permission for the “option to use the following” portions. Palmieri suggested he cut a reference Clinton made to Sarah Palin and remove Clinton’s quote, “And gay rights has moved much faster than women’s rights or civil rights, which is an interesting phenomenon.”

Palmieri ended one email: “Pleasure doing business!”

In a January 2015 memo, former Politico reporter Maggie Haberman, who now works for The New York Times, was described as having “a very good relationship” with the campaign.

“We have had her tee up stories for us before and have never been disappointed,” the memo said.

HOPING FOR TRUMP

Hillary Clinton allies were apparently hoping the Republican primary electorate would nominate Donald Trump as the GOP candidate for president.

Media commentator Brent Budowsky wrote to Podesta on March 13 that “Right now I am petrified that Hillary is almost totally dependent on Republicans nominating Trump.”

“…..even a clown like Ted Cruz would be an even money bet to beat and this scares the hell of out me…..” Budowsky wrote.

A Democrat National Committee strategy document from April 7, 2015 also wrote about “elevating the Pied Piper candidates,” identified as Trump, Cruz and Carson.

WALL STREET SPEECHES

Campaign research director Tony Carrk emailed top Clinton advisers on Jan. 25 with some “flags from HRC’s paid speeches” that were given during the time between her tenure as secretary of state and when she announced her presidential candidacy. Clinton has not released transcripts of those speeches despite numerous calls from her primary and general election opponents.

Among the red flags is Clinton admitting she’s “Kind Of Far Removed” from middle-class struggles due to “The Economic, You Know, Fortunes That My Husband And I Now Enjoy.” That speech was delivered to employees at Goldman-Black Rock on Feb. 4, 2014.

In a line that came back to bite her in Sunday night’s presidential debate, Clinton discussed needing “Both A Public And A Private Position” during a speech for National Multi-Housing Council in April 2013.

In other speeches, Clinton boasts of her ties to Wall Street, admits she needs Wall Street funding and says insiders are needed to fix problems on Wall Street. Sanders was a particular critic of Wall Street and so-called “economic inequality” during his protracted primary campaign against Clinton.

In another speech, Clinton said her “dream is a hemispheric common market, with open trade and open borders.”

SANDERS STRATEGY

Throughout the alleged Podesta emails, aides debate tactics against Clinton’s main 2016 primary rival, Sanders. Carrk forwarded a 71-page, nearly 50,000-word opposition research file on Oct. 28, 2015, picking apart nearly every policy and position of Sanders. “Attached are some hits that could either be written or deployed during the next debate on Sanders,” Carrk wrote.

On Jan.6, campaign adviser Mandy Grunwald and Palmieri debated how to respond to Sanders’ attacks on Clinton’s ties to Wall Street.

“I liked messing with Bernie on wall street at a staff level for the purposes of muddying the waters and throwing them off their game a bit,” Palmieri wrote. “But don’t know that it is most effective contrast for her. Seems like we are picking the fight he wants to have.”

Grunwald replied: “Bernie wants a fight on a Wall Street. We should not give him one.”

ALLIES’ SUPPORT FOR ISIS?

An alleged email sent from Hillary Clinton’s account to Podesta on Aug. 17, 2014, noted that ISIS was receiving financial and logistical support from Saudi Arabia and Qatar.

“While this military/para-military operation is moving forward, we need to use our diplomatic and more traditional intelligence assets to bring pressure on the governments of Qatar and Saudi Arabia, which are providing clandestine financial and logistic support to [ISIS] and other radical Sunni groups in the region,” the email said.

It’s unclear whether the email was actually authored by Clinton.

The Clinton campaign, meanwhile, has blasted WikiLeaks over the release, while ramping up its accusations that the group is working with the Russian government.

“It is absolutely disgraceful that the Trump campaign is cheering on a release today engineered by Vladimir Putin to interfere in this election, and this comes after Donald Trump encouraged more espionage over the summer and continued to deny the hack even happened at Sunday’s debate,” spokesman Glen Caplin said in a statement. “The timing shows you that even Putin knows Trump had a bad weekend and a bad debate. The only remaining question is why Donald Trump continues to make apologies for the Russians.”

****

The uranium deal, which involved 25 percent of Russia’s deposits, was discussed in an email conversation between Clinton Foundation communications head, Maura Pally, and Clinton campaign chief, John Podesta, Breitbart reports.

“Putting on all of your radars that Grassley sent a letter to AG Lynch (dated June 30th though we just saw it) asking questions about contributions to the Clinton Foundation and the Uranium One deal. Letter is attached. Craig is connecting with comms team to be sure they are aware as well,” the email said.

“Clinton Foundation’s ties to a number of investors involved in a business transaction that resulted in the acquisition of Uranium One, owner of U.S. based uranium assets, by Atomredmetzoloto (ARMZ), a subsidiary of Rosatom, a Russian government owned company. The transaction raised a number of national security concerns because it effectively ceded 20% of U.S. uranium production capacity to the Russian government,” said an excerpt from Grassley’s letter.

The original message was also sent to Hillary’s former shadow, Huma Adedin. She has not been spotted on the campaign trail since her husband’s latest sexting scandal, which included him making lewd comments and sending photos of himself in his underwear that also showed their toddler son laying next to him.

Minutes after receiving the email, John Podesta forwarded it to [email protected], [email protected], [email protected], [email protected]. The deep connection between the State Department and the Clinton Foundation has never been clearer – or more terrifying.

The Hill: An official within Democratic presidential nominee Hillary Rodham’s campaign appeared to have discussions with sources inside the Department of Justice (DOJ) about ongoing open records lawsuits regarding the former secretary of State’s emails, according to an email released on Tuesday.

In an email from May 2015, Clinton campaign spokesman Brian Fallon said that “DOJ folks” had “inform[ed]” him about an upcoming status conference in one of the lawsuits regarding Clinton’s private email setup.

The information about an upcoming court event would have been public knowledge and open for all to attend. And it’s unclear whether the people Fallon spoke to at the Justice Department were officials who regularly communicate with the public.

However, the fact Fallon – a former spokesman with the Justice Department — remained in contact with anyone from the department is likely to renew allegations that the Obama administration maintained an especially cozy relationship with Clinton’s presidential campaign.

****

Politico:

Clinton ‘not in the same place’ as her aides on email scandal

As the furor over Hillary Clinton’s emails built in the summer of 2015, the Democratic candidate appears to have resisted at least some of her team’s advice about how to get ahead of the story. In an email to other aides, Clinton campaign communications director Jennifer Palmieri said she viewed the decision to turn over thumb drives and a computer server to the Justice Department as a chance for Clinton to try to move past the controversy, but Clinton apparently had a different view.

“As you all know, I had hoped that we could use the ‘server moment’ as an opportunity for her to be viewed as having take [sic] a big step to deal with the email problem that would best position us for what is ahead. It is clear that she is not in same place (unless John has a convo with her and gets her in a different place),” Palmieri wrote in the August 8 email.

Palmieri proposed that the campaign put out word after the Sunday talk shows the following day that Clinton had surrendered the thumb drives and server to the Justice Department then do an interview with Univision where she would talk about the decision during a broader discussion about college costs. However, the timing ultimately slipped a bit, with the campaign announcing the move late on Tuesday, after she’d already taped the Univision interview earlier that day. Read the rolling blog from Politico here and the revealing references to the emails.

 

 

Mexican Officials are Smuggling Haitians into the U.S.

Immigration Official Warns 40,000 Haitians On Their Way To U.S. Via California’s Mexico Border

SAN FRANCISCO (AP) — A top U.S. immigration official says 40,000 Haitians may be on their way to the United States amid what she calls an “emergency situation” on California’s border with Mexico.

Immigration and Customs Enforcement Director Sarah Saldana said Thursday in Washington that the estimate came from other governments during a recent trip she made to Central America.

Saldana told the House Judiciary Committee that word of the new arrivals contributed to the Homeland Security Department’s announcement on Thursday that it was lifting special protections shielding Haitians from deportation that were put in place after their country’s 2010 earthquake. She says changing conditions in Haiti also played a part.

***  

Mexican officials quietly helping thousands of Haitian illegal immigrants reach U.S.

WashingtonTimes: Mexican officials are quietly helping thousands of illegal immigrant Haitians make their way to the United States, according to an internal Homeland Security document that details the route taken by the migrants, the thousands of dollars paid to human smugglers along the way and the sometimes complicit role of the governments of America’s neighbors.

More than 6,000 Haitians arrived at the border in San Diego over the last year — a staggering 18-fold increase over fiscal year 2015. Some 2,600 more were waiting in northern Mexico as of last week, and 3,500 others were not far behind, waiting in Panama to make the trip north, according to the documents, obtained by Rep. Duncan Hunter, California Republican.

The migrants are paying at least $2,350 to be smuggled from South America to the doorstep of the U.S., where many present themselves at the border and many demand asylum, hoping to gain a foothold here.

Boat maker Audit Volmar walks inside the shell of a sail boat he&#39;s building on the beach of Leogane, Haiti. The 30-foot-long boats are purchased by smugglers for around $12,000 and then taken to northern Haiti to find passengers. (Associated Press)
Photo by: Dieu Nalio Chery
Boat maker Audit Volmar walks inside the shell of a sail boat he’s building on the beach of Leogane, Haiti. The 30-foot-long boats are purchased by smugglers for around $12,000 and then taken to northern Haiti to find passengers. (Associated Press)

“Haitians have forged a dangerous and clandestine new path to get to the United States,” says the document, which lays out in detail the route and the prices paid along the way for smugglers, bus tickets and, where they can be obtained legally, transit documents.

Their trek begins in Brazil and traces a 7,100-mile route up the west coast of South American and Central America, crossing 11 countries and taking as long as four months.

Some countries are more welcoming than others, according to the document, which was reviewed by The Washington Times. Nicaragua is listed as being particularly vigilant about deporting the Haitian migrants if they are caught — so smugglers charge $1,000 to get through that country.

When traveling through Central American countries the Haitians will claim instead to be from Congo, believing that authorities in Central America aren’t likely to go through the hassle of deporting them to West Africa if they are caught, Homeland Security said.

Being smuggled through Ecuador costs $200, while Guatemala and Colombia cost $300 apiece, the document says.

Mexico, though, is more accommodating to the migrants. It stops them at its southern border in Tapachula, processes them and — though they don’t have legal entry papers — “they receive a 20-day transit document” giving them enough time to get a bus across Mexico, arriving eventually in Tijuana, just south of San Diego.

Once in the United States, many of the Haitians claim asylum and fight deportation in cases that can drag on for years, guaranteeing the migrants a foothold in the country in the meantime. U.S. Citizenship and Immigration Services said it received referrals to conduct credible fear screenings, which is the first part of an affirmative asylum claim, for 523 Haitians over the last year.

Other Haitians who are apprehended are put on a slow deportation track, giving them a chance to blend into the shadows along with other illegal immigrants. Southern Florida is a particularly attractive destination for the Haitians once they are released into the U.S., the document said.

Haitians are the latest nationality to surge into the United States, along with Central Americans enticed by the belief that lax enforcement policies under President Obama will enable them to stay, even if it means living in the shadows.

“The exponential increase in Haitian migrants showing up at the southern border is truly astonishing, and it shows one of the many consequences of President Obama’s immigration policy, which invites illegal entry and exploitation of the system,” said Joe Kasper, chief of staff for Mr. Hunter.

He said he was struck by “Mexico’s complicity” in helping the Haitians by granting them legal passage just to reach the United States.

Mexico doesn’t want them, but it’s entirely content with putting migrants — in this case Haitians — right on America’s doorstep,” he said.

The Mexican Embassy in Washington has not responded to repeated inquiries from The Times, dating back to last month, on its role in the Haitian surge.

As many as 75,000 Haitians fled to Brazil after the 2010 earthquake. Some 50,000 still remain, but the rest have left — including a steady stream over the last year headed for the United States.

Haiti’s embassy in Washington promised to make someone available to discuss the situation, but didn’t follow through.

U.S. Customs and Border Protection, the agency that guards the borders and ports of entry, acknowledged “an uptick” in Haitians arriving without permission. In fact, the numbers leapt from 339 in fiscal year 2015 to 6,121 in 2016 — an increase of more than 1,800 percent.

“While CBP officials have made adjustments to port operations to accommodate this uptick in arriving individuals, CBP officials are used to dynamic changes at our local border crossings, including San Ysidro, the nation’s busiest border crossing, and are able to flex resources to accommodate those changes,” the agency said in a statement.

CBP says it processed the Haitians “on a case by case basis” and those that don’t have permission to be in the U.S. are sent to Immigration and Customs Enforcement (ICE), the deportation agency.

As of Sept. 24, ICE had 619 Haitians in detention.

ICE had been moving slowly on deportations of Haitians under a humanitarian policy in place since the 2010 earthquake. But on Sept. 21, Homeland Security Secretary Jeh Johnson announced a change, saying agents would again begin rapid deportations of Haitians caught at the border.

Jessica Vaughan, policy studies director at the Center for Immigration Studies, said the data shows just how much the smuggling operations control illegal immigration. She said there are faster routes through Mexico and into the United States, but the fact that 90 percent of them are coming to San Diego is evidence they have an arrangement, likely with the Sinaloa cartel.

She also that by issuing transit permits, Mexico was assisting not only the Haitians’ illegal migration, but also providing a financial boost to the very criminal cartels that Mexican officials say are a threat to their society.

“I understand how this collusion or ambivalence to a criminal phenomenon works in Mexico, but I don’t understand why the Obama administration is letting it happen,” she said. “We could shut this down in a hurry simply by telling asylum seekers that they need to apply in one of the eight or nine safe countries that they passed through on the way. Otherwise we are just asking to see another 160,000 or more applicants next year.”

Soros and Farhana Khera the Islamic Homeland Security Threat

Soros Money, Muslim Advocates Leader, Helped Weaken Homeland Security Policies
An IPT Investigation

by John Rossomando, IPT

A Muslim legal group, girded with $1.8 million in grant money from George Soros’s Open Society Foundations (OSF), has helped influence major policy changes in the war on terror, including the Department of Homeland Security’s screening of individuals with suspected terror ties and the FBI’s training program for its agents working in counterterrorism.

Internal records, made public by the hacking group DC Leaks, show OSF spent $40 million between 2008 and 2010 on programs aimed at weakening U.S. counterterrorism policy.

Muslim Advocates’ Executive Director Farhana Khera played a key role in shaping the foundations’ spending. Khera co-authored a 2007 memo that “informed” the foundations’ U.S. Programs Board’s decision to create the National Security and Human Rights Campaign (NSHRC), a Sept. 14, 2010 OSF document discussing the program’s reauthorization, shows.

The NSHRC’s goals included:

  • Closing Guantanamo Bay, eliminating torture and methods such as the extraordinary rendition of prisoners, and ending the use of secret prisons;
  • Ending warrantless and “unchecked” surveillance;
  • Ensuring that anti-terrorism laws and law enforcement activities do not target freedom of speech, association or religious expression;
  • Reducing ethnic and religious profiling of people of Muslim, Arab or South Asian extraction;
  • Decreasing secrecy and increasing oversight of executive actions, and expose U.S. government or private individuals who abuse or violate the law.

Some of these policies, such as closing Guantanamo and ending enhanced interrogation techniques, already were also advocated by Obama administration. OSF claimed its work laid the groundwork for implementing those policies. The Edward Snowden leaks cast light on the depth of the government’s warrantless surveillance activity. The other goals are more difficult to assess.

Muslim Advocates was founded in 2005 as an offshoot of the National Association of Muslim Lawyers. It often criticizes U.S. counterterrorism strategies that use sting operations and informants as discriminatory.

Papers released by the anonymous hacker group DC Leaks show that OSF budgeted $21 million for the NSHRC from 2008-2010. OSF spent an additional $1.5 million in 2010. The NSHRC also received a matching $20 million contribution from Atlantic Philanthropies, a private foundation established in 1982 by Irish-American Chuck Feeney billionaire businessman.

OSF made 105 grants totaling $20,052, 784 to 63 organizations under the NSHRC program. An Investigative Project on Terrorism tally shows Muslim Advocates received at least $1.84 million in OSF grants between 2008 and 2015.

A funders’ roundtable created by OSF in 2008 helped coordinate the grant making among several left-leaning foundations, ” in order to “dismantle the flawed ‘war on terror’ paradigm on which national security policy is now based.” At least “two dozen” foundations participated in the roundtable’s strategy sessions as of the end of 2008.

Zuhdi Jasser, president of the American Islamic Forum for Democracy, called the Soros foundations’ $40 million program both hypocritical and ironic. He noted that the 2011 OSF-funded Center for American Progress report “Fear, Inc.” complained that seven conservative foundations donated $42.6 million to so-called “Islamophobia think tanks between 2001 and 2009.” The Council on American Islamic Relations (CAIR) and other major Islamist groups routinely use the $42.6 million funding number to portray their opponents as being pawns of dark forces.

“It’s amazing that one foundation donated an amount that CAIR and [Muslim] Advocates say is the huge sum of money that funds the entire anti-jihad campaign,” Jasser said. “… That wasn’t from one foundation. That was an addition of [the money given to] everybody that they threw under the bus.”

By contrast, OSF and Atlantic Philanthropies spent $41.5 million in just three years. OSF dedicated another $26 million to the NSHRC program from 2011-2014.

OSF additionally funded a study by the New America Foundation equating the terror threat posed right-wing extremists with al-Qaida. An Oct. 17, 2011 memo discussing NSHRC grants notes that New America received $250,000, partly to write two reports. The first aimed at creating a “‘safe space’ in which Muslims in America feel free to hold controversial political dialogues, organize without fear of unwarranted government surveillance.” The second aimed to “correct mistaken public beliefs that Al-Qaeda’s brand of terrorism is unique to Islam and that most terrorists are Muslim.”

The paper promised “to show how adherents of each extremist ideology use different language to justify very similar political means and goals. By demonstrating parallels among militant groups, this paper will aim to separate politically focused terrorism from the religion of Islam.”

Arguments from this report continue to help frame how Democrats and their allies talk about the jihadist threat. New America’s statistics and arguments recently came up in a House hearing about the threat from homegrown Islamic terrorists.

“According to the New America Foundation, there have been more incidents of right-wing extremist attacks in the United States than violent jihadist attacks since 9/11. I’m not minimizing jihadist attacks. In that light, can you explain what your office plans to do with respect to domestic right-wing extremism?” Rep. Bill Pascrell, D-N.J., asked Department of Homeland Security Office of Community Partnerships Director George Selim during a House subcommittee hearing last month.

New America’s effort to conflate right-wing extremists with al-Qaida glossed over a major difference – namely al-Qaida’s reliance on mass casualty attacks and suicide bombings.

New America’s latest data shows that jihadists have killed more people since 9/11 than right-wing extremists.

“What you’ve uncovered is the fact … that the Soros foundation works to obfuscate on national security,” Jasser said. “Muslim Advocates clearly is a prime example of the sickness in Washington related to dealing with the central reforms necessary to make within the House of Islam.

“You’ll see that the Soros foundation is spending money on organizations that deny the very principles they are defenders of, which are feminism, gay rights, individual rights. Muslim Advocates’ entire bandwidth is spent on attacking the government and blocking any efforts at counterterrorism.”

Muslim Advocates also opposes discussion on reform within the Muslim community and supports those who have theocratic tendencies, Jasser said.

“You have evidence here that the Soros foundation is part and parcel of the reason for the suffocation of moderation voices – reformist voices – in Islam,” Jasser said. “Muslim Advocates really ought to change their name to Islamist Advocates, and what the Soros foundation really is doing is just advocating for Islamists.”

OSF also contributed $150,000 in 2011 and $185,000 in 2012 to a donor advised fund run by Rockefeller Philanthropy Advisors. It used this money to pay Hattaway Communications, a consulting firm run by former Hillary Clinton adviser Doug Hattaway, to develop a messaging strategy for Muslim Advocates and similar organizations. Hattaway’s message strategy painted Muslims as victims of American national security policies.

Khera used Hattaway’s strategy to paint the New York Police Department’s mosque surveillance strategy as “discriminatory.”

Farhana Khera

“Their only ‘crime’ is that they are Muslim in America,” Khera wrote in a June 6, 2012 op-ed posted on CNN.com.

OSF funded groups, including Muslim Advocates, the ACLU, and the Center for Constitutional Rights, filed lawsuits challenging the NYPD’s surveillance program as unconstitutional. Police Commissioner William Bratton ended the policy in 2014.

The NYPD monitored almost all aspects of Muslim life ranging from mosques and student associations, to halal butcher shops and restaurants to private citizens.  A federal district court dismissed the suit, but the Third Circuit Court of Appeals revived it in October 2015. New York settled the lawsuit in January, placing the NYPD under supervision of an independent observer appointed by City Hall.

Downplaying Radicalization and the Jihadist Threat

OSF accused conservative opponents of “borrowing liberally from Joe McCarthy’s guilt by association tactics.” It complained in a Sept. 14, 2010 memo to its U.S. Programs Board that the “homegrown terrorism narrative” resulted in “discriminatory” targeting of Muslims by the Department of Homeland Security (DHS) and the FBI.

Khera often expresses similar sentiments. She accused the FBI of engaging in “entrapment operations” to target “innocent” Muslims after former Attorney General Eric Holder called sting operations an “essential law enforcement tool in uncovering and preventing terror attacks.”

Khera likewise characterized law enforcement training materials discussing the Islamic extremist ideology as “bigoted, false, and inflammatory” in her June 28 testimony before a Senate Judiciary  Committee’s Subcommittee on Oversight, Agency Action, Federal Rights, Federal Courts.

She and her organization played a central role in late 2011 when Muslim groups called on the Obama administration to purge FBI training materials that they deemed offensive. FBI counterterrorism training materials about Islam contained “woefully misinformed statements about Islam and bigoted stereotypes about Muslims,” she complained in a Sept. 15, 2011 letter. She objected to describing zakat – the almsgiving tax mandate on all Muslims – as a “funding mechanism for combat.”

Yet numerous Muslim commentators describe zakat as a funding mechanism for jihad. A footnote for Surah 9:60 found in “The Meaning of the Holy Qur’an,” says that zakat can be used to help “those who are struggling and striving in Allah’s Cause by teaching or fighting or in duties assigned to them by the righteous Imam, who are thus unable to earn their ordinary living.”

The Assembly of Muslim Jurists in America issued a 2011 fatwa saying zakat could be used to “support legitimate Jihad activities.”

Following Khera’s letter, then-White House counterterrorism advisor John Brennan announced a review of “CVE-related instruction across all levels of government.” This review resulted in a purge of 700 pages of material from 300 presentations. This included PowerPoints and articles describing jihad as “holy war” and portraying the Muslim Brotherhood as group bent on world domination.

The Muslim Brotherhood’s bylaws describe these ultimate ambitions and imply the need for violence: “The Islamic nation must be fully prepared to fight the tyrants and the enemies of Allah as a prelude to establishing an Islamic state.”

Khera’s influence with the Obama administration

Khera enjoys close connections with the Obama White House. Visitor logs show that Khera went to the White House at least 11 times.

Khera played a central role persuading the Obama administration to purge Department of Homeland Security records related to individuals and groups with terror ties, former Customs and Border Patrol (CPB) Agent Phil Haney told the Investigative Project on Terrorism.

His superiors ordered him to “modify” 820 CPB TECS records about the Muslim Brotherhood network in America, Haney said. Irrefutable evidence from the 2008 Holy Land Foundation (HLF) Hamas financing trial proved that many of these groups and individuals assisted Hamas, Haney said.

The HLF trial substantiated deep connections between American Islamist groups such as the Islamic Society of North America, the Council on American Islamic Relations (CAIR) and a Hamas-support network created by the Muslim Brotherhood in the United States.

A 2009 OSF funding document claims credit for helping persuade then-Secretary of Homeland Security Janet Napolitano to order a review of border screening procedures. It also reveals that Muslim Advocates worked with “DHS staff to develop a revised border policy.”

The Muslim Advocates’ report recommended the “review and reform of … [Customs and Border Patrol policies and practices that target Muslim, Arab and South Asian Americans for their First Amendment protected activities, beliefs and associations; and … law enforcement and intelligence activities that impose disparate impacts on Muslim, Arab and South Asian communities.” It also asked DHS to prevent CPB agents from probing about political beliefs, religious practices, and contributions to “lawful” charitable organizations.

Muslim Advocates claimed a pivotal role in getting the Transportation Security Administration (TSA) to reverse a new 2010 policy enhancing the screening on travelers from 14 countries, many of them predominately Muslim. The rule was proposed in the wake of the attempt by underwear bomber Umar Farouk Abdulmutallab to blow up a Detroit-bound plane weeks earlier.

Muslim Advocates and several OSF grantees met with Napolitano and other top DHS officials, and the policy was canceled three months later. Muslim Advocates claimed that the Obama administration “made special mention” of its role in reversing the TSA policy.

“This broke into the open with the great purge of 2011 and 2012,” Haney said, recalling Brennan’s letter to Khera announcing that materials she complained about would be removed.

The purge accompanied a practice of meeting with Islamist groups as community partners, Haney said.

In addition to the purge of training material, documents related to people and groups with terrorism ties such as Canadian Muslim Brotherhood leader Jamal Badawi and the Pakistan-based Tablighi Jamaat movement also disappeared from CPB records. (Tablighi Jamaat often serves as a de facto recruiting conduit for groups such as al-Qaida and the Taliban.)

Investigators might have had a better chance of thwarting the San Bernardino and the June Orlando shootings had those Tablighi Jamaat records remained available, Haney said, because the shooters’ respective mosques appeared in the deleted 2012 Tablighi Jamaat case report.

The Obama administration’s “absolute refusal to acknowledge that individuals who are affiliated with networks operating here in the United States, and their deliberate deletion of any evidentiary pieces of information in the system, has made us blind and handcuffed,” Haney said. “The proof of it is San Bernardino and Orlando.

“They obliterated the entire [Tablighi Jamaat] case as if it never existed.”

Haney’s claims have met with some skepticism. Haney stands by his claims and says critics “made a lot of factual errors.”

Still, Muslim Advocates’ success reversing the TSA policy was among the accomplishments showing that it “has proved itself to be an effective advocate on the national stage,” an April 25, 2011 OSF document said. It recommended renewing a $440,000 grant to “support the core operating costs of Muslim Advocates.”

In doing so, the Soros-funded OSF weakened U.S. national security and potentially left it vulnerable to the jihadi attacks we have been seeing in the homeland since the 2013 Boston Marathon bombing.