Category Archives: Gangs and Crimes

Obama Greased the System for Big Lobby/Money

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Government Drags Us Back in Time – Because Cronies and Ideology Tell It To

Motley/RS: Government by ideological fantasy – at the expense of actual facts – is a terrible idea. So too is government of, by and for the donors. Far too often government regulators and bureaucrats ignore Reality – to tilt at ideological windmills. And WAY too often government becomes one giant stenographer for contributors – writing laws and regulations to accommodate their check-cutters’ every whim and wildest dream.

Thus does equal protection before the law – become special treatment for Friends of Government (FOG, if you will). Donors and dumb ideas are favored – at inordinate expense to the rest of us.

To wit: “green” “energy” (wind, solar, hydro, geothermal, ethanol) is neither green nor energy. It’s far worse for the environment than traditional energy sources – that actually produce, you know, affordable energy. Governments here and all around the world have spent hundreds of billions of dollars on this phony energy. It’s been a titanic failure – for decades.

Why has government continued to throw this copious coin out the window – to keep us locked into an uber-failed yesterday? Because their ideological fantasies trump Reality. Why else? Because donors get government money at dollars-on-the-pennies they donated. To wit: President Barack Obama and his Democrats threw $80 billion more at the fake “green energy” industry in the 2009 “Stimulus.” 80% of that money – went to Obama donors.

The more government gets involved – the less the private sector can advance. The more rapidly a sector is advancing – the bigger an impediment government is. Likely no sector is advancing more quickly than the Tech sector. Enter government.

The Obama Administration’s Federal Communications Commission (FCC) has already done egregious damage there. To appease their ridiculous fantasies – and huge donors. About a year ago the Commission’s three unelected Democrat bureaucrats decided to go all the way back in time to1934 landline telephone law – and unilaterally impose it on the Internet. Behold Internet Reclassification – so as to impose the ridiculous Network Neutrality.

The Obama Administration did it – because donors asked for it. Donors like Google. No one did more to get President Obama elected and reelected – than Google. Just about no company swapped staff with the Obama Administration at such prodigious numbers – than did Google.

And after Google greased the skids for Obama – Obama greased the skids for Google. Google spent nearly the entirety of the 2000s trying and failing to get Net Neutrality passed in Congress. Because it is government forcing Internet Service Providers (ISPs) to give uber-bandwidth-hogs like Google – unlimited free bandwidth. We the People didn’t want it – Congress couldn’t pass it. So Obama just issued a fiat – and gave it to them.

But the problem with buying support – is that the “supporters” rarely stay bought. Google is now channeling West Wing President Josiah Bartlet – “What’s next?” And most unfortunately, President Obama’s government stenographers have many, many responses to that request.

Here’s one: FCC Chairman Tom Wheeler has penned a defense of the next backwards-looking power grab – huge new backdoor mandates via television set-top-boxes. Which they have attempted to obfuscate – as a deregulation of set-top-boxes.

Set-top-boxes are the devices we lease from cable companies – to watch their television packages. Which we are doing to a lesser and lesser degree – as the marketplace has already created myriad ways for us to “cut the cord.” Meaning give up cable television – and the set-top-boxes – altogether.

The future (and increasingly the present) of television – isn’t boxes. It’s apps (and alternate hardware like Apple TV and Amazon Firestick). Netflix, Amazon Prime, Roku, Hulu and a host of other companies deliver you (via their apps) unlimited streaming TV and movie content – using only an Internet connection. No cable TV subscription required. And unlike programmed TV, you can watch whenever you want, wherever you want. So more and more people are cutting their cords.

Meanwhile, the government is yet again stuck in the past. The FCC is dubiously invoking a twenty-year-old law (and seriously, how unbelievably different was how we watched TV twenty-years ago?) – to “open” to competitors the collapsing set-top-box market. This is a terrible idea for a number of reasons.

It is just stupid from an evolutionary standpoint. This is like the government issuing mandates to “open” the horse-buggy industry – as Model T Fords are rolling with ever increasing frequency into our driveways and hearts. If you’re “helping” prop up yesterday’s technology – you aren’t helping.

This mandate forces cable companies to spend a LOT of money totally reconfiguring their networks – to accommodate the new boxes. A new configuration for each new box, most likely – because each box will most likely connect uniquely to each network. And cable companies have a LOT of proprietary information and content to protect – so they will have to spend EVEN MORE time and money reconfiguring so as to ensure its protection. For which we will inexorably pay in higher fees – on TV, and the other services cable companies provide (like Internet). All to make room for more devices – of which people want less.

And you will be trading the box lease – for the box purchase. Which requires more coin upfront. And unlike with the lease, when the next upgraded model comes out – you won’t get it for free. You will pay all over again. And given the rapid technological advancement – how often will that purchase have to happen again, and again, and…?

Think how quick is the smart phone tech turnover (which is a MUCH more intensive product). Where you just purchased the “latest” Google Android – only to almost immediately watch Google roll out the next Android. Does Google give you that next version for free? Of course not. Google won’t give you their latest set-top-box either.

Wait – Google wants to get into the going-out-of-business set-top-box business? You bet they do. So the Obama Administration is prepping to issue yet another fiat – to make Google’s wishes come true. Again.

Crony-infested and ideologically-blinded is no way to go through life, Son. It is also absolutely no way to run a government.

Obama Lies, has Jack Lew Doing the Same on Debt Crisis

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Ted Cruz is right, but there is a caveat, a White House cartel inside the Washington cartel.

EXCLUSIVE: Secret Fed Docs Show Obama Misled Congress, Public During Debt Limit Crises

 Pollock/DCNF: Federal Reserve Bank of New York officials secretly conducted real-time exercises during the 2011 and 2013 debt-limit crisis that demonstrated the federal government could function during a temporary shutdown by prioritizing spending, even as Treasury Secretary Jack Lew publicly claimed many times that such efforts were “unworkable,” according to a new report by the House Financial Services Committee obtained by The Daily Caller News Foundation.

The staff report, to be released Tuesday, charges that Lew and other Obama administration officials deliberately misled Congress and the public during the federal budget and debt limit showdowns in both years. The committee will convene a public hearing on the report Feb. 2.

The report also states that the Obama administration crafted actual contingency plans to pay for Social Security and veterans benefits, as well as principal and interest on the national debt if the government was temporarily unable to borrow more money. The Committee concludes that over the last two years the Treasury Department has “obstructed” congressional efforts to get to the bottom of the administration’s real-time policy during the two showdowns.

The Constitution stipulates that only Congress can determine how much money the federal government can borrow. Presidents thus cannot unilaterally spend beyond congressional debt ceiling limits set. The committee — chaired by Republican Rep. Jeb Hensarling of Texas — charged that during both confrontations, the Obama administration held the country’s creditworthiness “hostage” by claiming default was the only possibility if the debit ceiling was not raised.

“These internal documents show the Obama Administration took the nation’s creditworthiness and economy hostage in a cynical attempt to create a crisis so the president could get what he wanted during negotiations over the debt ceiling,” Hensarling said in a statement to be released with the report Tuesday.

 

The report also revealed that the Treasury Department did not publicly divulge its plans to prioritize payments “for the express purpose of creating market uncertainty in an effort to pressure Congress to acquiesce in the administration’s ‘no negotiation’ posture on the debt ceiling.”

Wisconsin Republican Rep. Sean Duffy, the financial services panel’s oversight subcommittee chairman, said the administration “manufactured a crisis to put politics ahead of economic stability.”

The massive, 322-page report chronicles frank, behind-the-scenes discussions among Federal Reserve Board and Federal Bank of New York officials as Congress debated whether to keep existing debt limits or allow Treasury to borrow more money. The House committee and the Treasury Department have been fighting a bitter, two-year battle over Federal Reserve documents.

The report states that “Treasury apparently directed the New York Fed not to answer valid congressional oversight inquiries because Treasury knew the answers would expose the dishonesty of the administration’s public statements.”

A Treasury Department spokesman told TheDCNF, “Treasury has been committed to working cooperatively with the Committee to provide it with the information it needs,” including providing it with the New York Fed documents. The report is based on 3,878 pages of internal documents the committee eventually acquired despite Treasury’s opposition. The panel finally obtained the documents by subpoena. The report contains 41 separate appendices.

The revelations will likely add new intensity to the long-running public debate on the proper level of federal spending as the 2016 election campaign accelerates with Monday’s Iowa presidential caucus and next week’s New Hampshire presidential primary. Obama administration officials repeatedly declared that a complete government shutdown with no partial or interim payments was the only alternative to congressional approval of an increased debt ceiling.

In testimony Oct. 13, 2013, before the Senate Finance Committee, for example, Lew said the government could not “pick and choose” the funding of individual government programs once the debt limit ceiling was reached.

“I do not believe there is a way to pick and choose on a broad basis. The system was not designed to be turned off selectively,” Lew said.

The Federal Reserve documents revealed in the report show the Obama administration was in fact prepared to pick and choose which payments to make “in order to protect the creditworthiness of the United States.”

An internal e-mail from an official in the New York Fed’s Financial Institution Supervision Group states that regardless of the congressional outcome, “Treasury is adamant they will make [Principal and Interest] payments. Not considering possibility of missing debt payments.”  The P&I payments are made to Treasury bond holders.

“At the same time that Treasury was insisting to Congress and the American people that prioritization is unworkable, Treasury and New York Fed officials were working behind the scenes on a prioritization plan,” the report charges.

In private, Federal Reserve Board Federal Reserve Bank of New York officials vigorously denounced the administration’s secrecy over its contingency planning, one calling it “crazy, counter-productive, and add[ing] risk to an already risky situation.”

Federal Reserve Governor Jerome H. Powell, for example, complained that the administration tactics were part of political brinkmanship. “Treasury wants to maximize pressure on Congress by limiting communications on contingency planning,” he said in an email.

The report noted that both the Federal Reserve Board of Governors and the Federal Bank of New York had “grave concerns with Treasury’s political decision not to inform the public of the administration’s debt ceiling contingency plans.”

The Federal Reserve Board staff “strongly encouraged Treasury to reveal its plan in advance” so that the private sector could prepare properly for a debt ceiling event but Treasury officials were “very reluctant to do so,” according to the report.

The Federal Reserve documents also depict officials at the Federal Bank of New York twice engaging in intense “tabletop exercises” about how government agencies could operate under a spending limit.

A March 16, 2011, table-top exercise included an hour-by-hour simulation of how 29 governmental agencies and market players would react when the federal government reached its debt limit.

At the time, the federal government would be within $25 million of its $14.3 trillion budget limit. The Secretary of the Treasury would invoke the Federal Reserve Debt Ceiling Crisis procedures, which provide that the “The President and the Secretary of the Treasury meet with the Fed Chairman at noon and agree that the Federal Reserve should pursue actions to honor and settle SSI, veterans benefits and P&I payments.”  SSI refers to Social Security and disability payments.

A similar April 9, 2013, debt ceiling table-top exercise focused on a “scenario” in which “Treasury begins controlling the flow of payments” and in which ”SSI, veterans benefits and P&I payments [would] be prioritized over all other governmental obligations.” The debt ceiling was $16.3 trillion at the time of the second exercise.

The procedures also state that “based on direction from the President, Treasury will pay only selected type of payments and withhold other government payments.”

Both Moody’s and Goldman Sachs publicly suggested during the 2013 crisis that it was possible the government could assure markets by pledging to pay principal and interest, Social Social and veterans benefits.

When contacted by TheDCNF, the Treasury Department did not directly address the issue of prioritizing payments but forwarded an October 16, 2015 blog, which stated in part, “The New York Fed’s system would be technologically capable of continuing to make principal and interest payment,” but added, “this approach would be entirely experimental and create unacceptable risk to both domestic and global financial markets.”

Multiple think tanks, including the Mercatus Center, have released reports suggesting numerous alternatives to default if the debt limit ceiling is not increased.

The national debt limit has tripled under Obama and now stands at $18.9 trillion.

Where Have all the Refugee Children Gone

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Government does not do anything well, that includes Europe as well as America. In Italy there is the mafia, in the United States there is the mafia…not in the historical sense but quite the same disgusting operational crimes.

Both nations lie, make terrifying decisions and people suffer.

10,000 refugee children are missing, says Europol

It’s another tragic aspect of the migrants’ crisis: at least 10,000 unaccompanied child refugees have disappeared over the past two years after arriving in Europe, according to the EU’s criminal intelligence agency.

Many of these children are feared to have fallen into the hands of criminal groups.

In an interview with the Observer, the sister publication of the Guardian, Europol’s chief of staff, Brian Donald, said half of the missing children disappeared in Italy.

According to the agency, minors accounted for 27 percent of the refugees who arrived in Europe last year.

Europol warns that unaccompanied children are especially vulnerable to traffickers who exploit them for sex work and slavery.

Obama administration placed children with human traffickers, report says 

The Obama administration failed to protect thousands of Central American children who have flooded across the U.S. border since 2011, leaving them vulnerable to traffickers and to abuses at the hands of government-approved caretakers, a Senate investigation has found.

The Office of Refugee Resettlement, an agency of the Department of Health and Human Services, failed to do proper background checks of adults who claimed the children, allowed sponsors to take custody of multiple unrelated children, and regularly placed children in homes without visiting the locations, according to a 56-page investigative report released Thursday.

And once the children left federally funded shelters, the report said, the agency permitted their adult sponsors to prevent caseworkers from providing them post-release services.

Sen. Rob Portman (R-Ohio) initiated the six-month investigation after several Guatemalan teens were found in a dilapidated trailer park near Marion, Ohio, where they were being held captive by traffickers and forced to work at a local egg farm. The boys were among more than 125,000 unaccompanied minors who have surged into the United States since 2011, fleeing violence and unrest in Guatemala, Honduras and El Salvador.


“It is intolerable that human trafficking — modern-day slavery — could occur in our own backyard,” Portman said in a written statement. “What makes the Marion cases even more alarming is that a U.S. government agency was responsible for delivering some of the victims into the hands of their abusers.”

The report concluded that administration “policies and procedures were inadequate to protect the children in the agency’s care.”

HHS spokesman Mark Weber said in a statement that the agency would “review the committee’s findings carefully and continue to work to ensure the best care for the children we serve.”

The report was released ahead of a hearing Thursday before the Senate Permanent Subcommittee on Investigations, which Portman co-chairs with Sen. Claire McCaskill (D-Mo.). It detailed nearly 30 cases where unaccompanied children had been trafficked after federal officials released them to sponsors or where there were “serious trafficking indicators.”
“HHS places children with individuals about whom it knows relatively little and without verifying the limited information provided by sponsors about their alleged relationship with the child,” the report said.

For example, one Guatemalan boy planned to live with his uncle in Virginia. But when the uncle refused to take the boy, he ended up with another sponsor, who forced him to work nearly 12 hours a day to repay a $6,500 smuggling debt, which the sponsor later increased to $10,900, the report said.

A boy from El Salvador was released to his father even though he told a caseworker that his father had a history of beating him, including hitting him with an electrical cord. In September, the boy alerted authorities that his father was forcing him to work for little or no pay, the report said; a post-release service worker later found the boy was being kept in a basement and given little food.

The Senate investigation began in July after federal prosecutors indicted six people in connection with the Marion labor-trafficking scheme, which involved at least eight minors and two adults from the Huehuetenango region of Guatemala.

One defendant, Aroldo Castillo-Serrano, 33, used associates to file false applications with the government agency tasked with caring for the children, and bring them to Ohio, where he kept them in squalid conditions in a trailer park and forced them to work 12-hour days, at least six days a week, for little pay. Castillo-Serrano has pleaded guilty to labor-trafficking charges and awaits sentencing in the Northern District of Ohio in Toledo.

The FBI raided the trailer park in December 2014, rescuing the boys, but the Senate investigation says federal officials could have discovered the scheme far sooner.

In August 2014, a child-welfare caseworker attempted to visit one of the children, who had been approved for post-release services because of reported mental-health problems, according to the report.

The caseworker went to the address listed for the child, but the person who answered the door said the child didn’t live there, the report added. When the caseworker finally found the child’s sponsor, the sponsor blocked the caseworker from talking to the child.
Instead of investigating further, the caseworker closed the child’s case file, the report said, citing “ORR policy which states that the Post Release Services are voluntary and sponsor refused services.”

That child was found months later, living 50 miles away from the sponsor’s home and working at the egg farm, according to the report. The child’s sponsor was later indicted.

***

EU officials find that most of the ‘refugees’ are not refugees. What a mess

Even EU officials are now finally admitting that a lot – or, rather, most – of the people we have been calling ‘refugees’ are not refugees. They are economic migrants with no more right to be called European citizens than anybody else in the world. Even Frans Timmermans, Vice President of the European Commission, made this point this week. In his accounting, at least 60pc of the people who are here are economic migrants who should not be here –  are from North African states such as Morocco and Tunisia. As he told Dutch television:-

“These are people that you can assume have no reason to apply for refugee status.”
Swedish officials are coming to a similar conclusion, saying that as many as 80,000 of the mainly young men who have gone to Sweden as ‘refugees’ in the past year alone are no such thing.

Now there are the usual attempts to crowd-please from certain politicians and officials who are talking about how they might have to deport these people. But they won’t, will they? Does anybody honestly believe that the Swedish authorities are currently preparing to deport 80,000 fake asylum seekers from their country?

Or let us assume that the 60pc figure is correct for Germany and that 60pc of the people who have arrived in Germany in the past year alone should not be there. Given that it has taken in more than a million people in the last twelve months, is Germany now going to deport as many as three quarters of a million fake asylum seekers from its territory? Of course not. They will not even attempt it. Everybody in Europe knows that. And everybody following events and weighing up their chances from outside Europe knows that.

Everybody on earth now knows that Europe’s present leaders lack either the will or the means to enforce their own laws. So more people will come next year, and the year after that and the year after that. All in the knowledge that once you’re in, you’re in. If the facts were otherwise then Sweden, Germany and other countries across the continent would currently be preparing to ship hundreds of thousands of people out of Europe and back to their countries of origin. But they’re not.

And so the numbers coming in will increase, and the politicians will keep posing, and the European peoples will rightly get more and more enraged at the fact that their continent is being taken away from them. Eventually perhaps even the constant bogeyman warnings about the ‘far-right’ will lose their capacity to scare. Not good times ahead, I’d say.

Still, at least we all listened to Benedict Cumberbatch.

 

Saudi Arabia Arrests 9 Americans Connected to Terror

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Saudi police arrest 9 American ‘terror’ suspects: report

Riyadh (AFP) – Saudi authorities have arrested nine American citizens among 33 “terror” suspects rounded up over the past week, the Saudi Gazette newspaper reported Sunday.

Four Americans were arrested last Monday and five others over the past four days, the paper reported, citing an unidentified source.

Washington, a strong ally of Riyadh, confirmed it was aware of the report but declined to elaborate.

A US State Department official, speaking on condition of anonymity, told AFP: “We are aware of reports alleging that several US citizens were detained in Saudi Arabia.

“The Department of State takes its obligation to assist US citizens abroad seriously. Due to privacy considerations, we have no further comment.”

The Saudi Gazette said the arrests also included 14 Saudis, three Yemenis, two Syrians, an Indonesian, a Filipino, an Emirati, a Kazakhstan national and a Palestinian.

It did not say if any of the “terror suspects” was linked to the Islamic State jihadist group, which has claimed several deadly attacks against security forces and Shiites in the kingdom since last year.

On Friday, a suicide bomber attacked a Shiite mosque in Eastern Province, killing four people before worshippers disarmed and tied up his accomplice who had fired on them.

IS, a radical Sunni group that considers Shiites heretics, did not claim that attack.

The Saudi Gazette said some 532 IS suspects accused of plotting attacks in the kingdom are being questioned ahead of their trial at the criminal court in Riyadh.

They are members of six cells arrested in “pre-emptive” raids across the kingdom and include a Saudi woman and a Filipina, the paper said.

Also on Sunday, the interior ministry said they were searching for nine suspects allegedly involved in an August suicide bombing that targeted a mosque inside a police headquarters, killing 15 people.

IS had claimed the attack in the southern city of Abha.

The ministry said in a statement that three other suspects, including a member of the kingdom’s special forces, had been arrested in connection with the Abha mosque bombing.

The oil-rich kingdom offered rewards of between one million riyals ($276,000) and seven million riyals ($1.87 million) for anyone who helps in the arrest of a suspect or thwarts an attack.

***

Meanwhile it is important to know and appreciate the work many are in fact doing by the U.S. intelligence community, they are quite aware of terrorists and their locations. It is gratifying that this work occurs with some success.

Four Lebanese arrested in Paris under US request: report

French authorities reportedly detained four Lebanese based on an arrest warrant issued by the United States, local daily As-Safir said Friday.

The newspaper identified the four men as Mohamad Noureddine, Mazen Al-Atat, Ali Zbib and Osama Fahs.

The report said that the French authorities did not inform Lebanese authorities of the arrest until Fahs’ relatives in Paris reported him missing to French police. This prompted the latter to contact the Lebanese embassy in the capital to inform it of the detention of four of its nationals.

The daily added that preliminary information disclosed that French authorities had no charges against any of the four men, but it briefed Lebanese authorities on a U.S. arrest warrant issued against them.

(Note the date and the date of the arrests from Treasury. ) 

Noureddine was targeted in sanctions by the U.S. Treasury Department Thursday, along with another Lebanese Hamdi Zaher, for his alleged activity in money laundering at the behest of Hezbollah.

The department targeted Noureddine and Zaher for providing financial services to Hezbollah, which the U.S. has designated a terrorist organization.

Treasury claims Noureddine has laundered money through his company called Trade Point International S.A.R.L. He is accused of using his network across Asia, Europe, and the Middle East to provide money laundering, bulk cash shipment, black market currency exchange and other financial services to clients, including members of Hezbollah.

The sanctions freeze any assets the two men have under U.S. jurisdiction and prohibit U.S. citizens from doing business with them.

The U.S. has sanctioned more than 100 individuals and entities associated with Hezbollah.

John Kerry Sent Classified Material via iPad to Hillary

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Quietly, this past Friday, January 29, the State Department did release some emails that you are invited to harvest. Here is that link.

Ever wonder where John Kerry has been with regard to Hillary’s emails? After all, he heads the State Department that is tasked with sorting, reviewing, classifying and posting Hillary’s emails? Ever wonder when and if they are going to search personal property including homes for printed material? In fairness, the intelligence community and the FBI assigned this expensive task of Hillary’s emails and server (the whole expense of which she should personally pay for) is quite concerned to determine all the compromised conditions by foreign espionage and intelligence operations. Further, another area for real concern, is the Clinton Global Foundation which appears to be in full violation of IRS ‘foundation’ law a matter that will require a separate huge investigation, that is IF the IRS well….heh would even cooperate legitimately.

Then there is Sidney Blumenthal and those emails.

State Dept. Records Show John Kerry Sent Hillary A ‘SECRET’ Email From His iPad

 Ross/DailyCaller: Emails released by the State Department on Friday show that in 2011, then-Massachusetts Sen. John Kerry sent then-Sec. of State Hillary Clinton an email from his iPad that has been deemed to contain information classified as “Secret.”While previous releases of Clinton’s emails have shown that she and her staff communicated directly with Kerry when he was a senator, the new email is the first from Kerry that the State Department has determined contains sensitive information.

Kerry has largely been silent throughout the Clinton email controversy. He has sent letters asking the State Department’s inspector general to review the agency’s records keeping practices, but he has not publicly criticized Clinton for exclusively using a personal email account and a home-brew email server.

Perhaps now we know why.

In the heavily-redacted email, dated May 19, 2011, Kerry, who then chaired the Senate Foreign Relations Committee, appears to be discussing negotiations between India and Pakistan. Besides Clinton, the email was sent to Tom Donilon, who then served as President Obama’s National Security Advisor.

kerryemail

Clinton forwarded the email to an aide, instructing her to “Pls print” the document.

The redactions in the email are listed under the Freedom of Information Act exemptions 1.4(b) and 1.4(d), which are categories reserved for information gleaned from foreign government sources.

The kicker is that Kerry sent Clinton the information from his iPad, a communications device that would have been much more vulnerable to hackers than an encrypted communications system.

According to the Republican National Committee, which flagged the Kerry email in an email to reporters, the batch of Clinton records released on Friday contained 11 emails that the State Department now says contain “Secret” information. That’s more than double the number of emails that contained similarly classified information released in all of the previous releases combined.

According to the RNC’s calculations, 243 emails released Friday were classified at some level, bringing the overall number of classified Clinton emails to 1,583. The State Department also announced Friday that it is withholding in full and into perpetuity 22 emails that contain “Top Secret” information — the highest classification category.

The State Department says it is uncertain whether the information in those emails was classified at the time they were originated. The Intelligence Community’s inspector general has said that two separate Clinton emails were contained information that was “Top Secret” when sent. That distinction is crucial because Clinton has maintained that none of the classified emails found on her server were classified when created.

As Clinton’s successor at the State Department, Kerry has overseen the release of the work-related emails that the Democratic presidential candidate handed over in Dec. 2014. But the Democrat and his agency have been criticized by many for appearing to side with Clinton in a battle with the intelligence community over the classification status of many of her emails.

During a press conference in Canada on Friday, Kerry declined to comment on the news that the State Department was acknowledging that 22 of Clinton’s emails contain “Top Secret” information.

“I can’t speak to the specifics of anything with respect to the technicalities, the contents … because that’s not our job,” he said, according to Reuters. “We don’t know about it, it’s in other hands.”

He was not asked about his sensitive communications with Clinton.

Another question Kerry hasn’t answered is why, since he knew that Clinton used a personal email account while at the State Department, he failed to demand that she turn her emails over to the State Department until autumn 2014 after agency lawyers uncovered Clinton’s email address while reviewing documents related to the House Select Committee on Benghazi’s investigation.

It is unclear if Kerry knew about Clinton’s use of a private server, though other high-ranking State Department officials likely did. Emails obtained by The Daily Caller earlier this month show that Patrick Kennedy, the under secretary of management, was on an email chain in which Clinton’s server was being discussed.

***

It is quite likely that Barack Obama will apply ‘executive privilege’ to both Hillary Clinton and John Kerry. It can be challenged in court as was the case for the Fast and Furious documents and Eric Holder. This month, however a judge did rule that those Fast and Furious documents must be turned over the Congress.

When it comes to the definition of ‘executive privilege’ here is a short summary:

 

So what is executive privilege?

The president can invoke executive privilege in order to withhold some internal executive branch communications from the other branches of government. The privilege is based on the separation of powers between the branches.

Executive privilege has been invoked since the U.S.’s early days but isn’t in the Constitution. It was only in 1974, when Richard Nixon tried to prevent the release of White House tapes during the Watergate investigation, that the Supreme Court upheld its constitutionality, and set some parameters for it. The Court ruled that no claim on executive privilege is absolute, and can also be overcome if evidence is needed in a criminal trial. (For a full legal history, see this report from the Congressional Research Service.)

So what does it usually cover?

Various administrations have set their own policies as to when they can invoke the privilege. (The Washington Post has a handy timeline showing when presidents have used it.)

Bill Clinton used them a lot, 14 times during his presidency. In 1998, his attempt to keep White House aides from testifying about the Monica Lewinsky scandal was struck down, the first time since Nixon that executive privilege was overruled in court. George W. Bush invoked the privilege six times, not always successfully.

Legal challenges have established two general categories of executive privilege: presidential communications and deliberative process.

The presidential communications privilege applies to communications involving the president or his staff that immediately pertain to the president’s decision-making process. The idea, according to Mark Rozell, a professor at George Mason University, and author of a book on executive privilege, is that “the president should have the right to candid advice without fear of public disclosure.”

Deliberative process involves a broader scope of executive branch activity: discussions involving White House staff or within other agencies on legal or policy decisions that don’t necessarily involve the president or his immediate advisers. Again, the argument is that government officials need to feel like they can talk honestly. The deliberative process privilege, Rozell says, is generally easier to challenge than a claim of presidential communications privilege.