DoJ, AG Sessions, Effectively Immediately

Read the 2 page memo here.

Sessions ends Obama-era leniency on sentencing, infuriating civil rights groups

FNC: Attorney General Jeff Sessions announced Friday that he has told prosecutors to pursue the most serious charges possible against criminal suspects – a stunning reversal of Obama-era policies, and a move that infuriated civil rights groups.

“We will enforce the laws passed by Congress pure and simple,” he said at an awards ceremony in Washington D.C, adding that prosecutors deserved to be “unhandcuffed and not micro-managed from Washington.”

“This is a key part of President Trump’s promise to keep America safe,” Sessions said. “We’re seeing an increase in violent crime in our cities – in Baltimore, Chicago, Memphis, Milwaukee, St. Louis and many others.  The murder rate has surged 10 percent nationwide – the largest increase since 1968.”

In a letter to 94 U.S. attorneys Thursday night, Sessions called it a “core principle” that prosecutors charge and pursue “the most serious and readily provable offense.” Sessions defined the most serious offenses as those that carry the most substantial guidelines sentence.

Sessions noted that “there will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application” of the policy is not warranted, but that any exceptions must first be approved by a U.S. attorney, assistant attorney general, or a designated supervisor.

The move, which will send more criminals to jail and for longer terms by triggering mandatory minimum sentences, explicitly reverses policies set in motion by President Obama’s former Attorney General Eric Holder – who implemented the “Smart on Crime” drug sentencing policy that focused on not incarcerating people who committed low level, non-violent crimes. DOJ officials call it a “false narrative” and say unless a gun is involved, most of those cases aren’t charged period.

Officials say Holder’s “Smart on Crime” policy “convoluted the process,” and left prosecutors applying the law unevenly, which they said “is not Justice.”

But civil rights groups blasted the process, with the American Civil Liberties Union describing the move as a move that will “reverse progress” and repeat the War on Drugs, which it called a “failed experiment.”

“With overall crime rates at historic lows, it is clear that this type of one-dimensional criminal justice system that directs prosecutors to give unnecessarily long and unfairly harsh sentences to people whose behavior does not call for it did not work,” Udi Ofer, director of the American Civil Liberties Union’s Campaign for Smart Justice.

The policy was also criticized by Sen. Rand Paul, R-Ky., who said mandatory minimums have “unfairly and disproportionately incarcerated too many minorities for too long.”

“Attorney General Sessions new policy will accentuate that injustice. Instead we should treat our nation’s drug epidemic as a health crisis and less as a lock ‘em up and throw away the key problem,” he said.

However, the National Association of Assistant United States Attorneys backed the move, saying it would make the public safer and give prosecutors to “tools that Congress intended” to lock up drug dealers and dismantle gangs.

 


Wait for it…nah never mind…former DOJ AG, Eric Holder has already responded.

Former Attorney General Eric Holder blasts Sessions memo as ‘dumb on crime’

Former Attorney General Eric Holder blasted a new Justice Department policy on prosecutions and sentencing, calling it “dumb on crime.”

“The policy announced today is not tough on crime. It is dumb on crime. It is an ideologically motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences that are often applied indiscriminately and do little to achieve long-term public safety,” Holder said in a statement Friday shortly after the new department memo.

Attorney General Jeff Sessions released a memo early Friday directing prosecutors to “charge and pursue the most serious, readily provable offense” in all cases going forward.

The Sessions memo reverses one issued by Holder in 2013 that encouraged federal prosecutors to seek the most harsh punishment for only “serious, high-level, or violent drug traffickers” instead of lower-level offenders.

Holder cited department data showing that since the implementation of his memo — the Smart on Crime directive — prosecutors have been able to successfully focus more resources on higher level drug offenders such as kingpins and cartel leaders.

“The data showed that while they brought fewer indictments carrying a mandatory minimum sentence, the prosecutions of high-level drug defendants had risen and that cooperation and plea rates remained effectively the same,” Holder said. “These reversals will be both substantively and financially ruinous, setting the Department back on track to again spending one-third of its budget on incarcerating people, rather than preventing, detecting, or investigating crime.”

DHS Project New Dawn 1,378 Arrests

Image result for homeland security investigations

U.S. Immigration and Customs Enforcement Officials are revealing details of a massive anti-gang operation that’s resulted in 1,378 arrests nationwide.

The six week long operation, which began March 26th, targeted violent criminal street gangs in the DC metro area, San Antonio, San Diego, and Newark.

“The primary purpose of the operation was to identify, arrest, and prosecute gang members and associates who threaten our communities,” Thomas Homan, ICE’s Acting Director told reporters.

The operation, called “Project New Dawn” was led by ICE’s Homeland Security Investigations section, known as HCI.

In the DC area alone, agents arrested 52 people, including 29 members of the El Salvador-controlled MS-13 gang.

“Nearly 1100 were arrested on federal or state criminal charges, including murder, assault and other crimes of violence,” says DHS Deputy Executive Associate Director Derek Benner.

Authorities arrested 21 people on murder related charges, and seven for rape and sexual assault charges.

Others face drug trafficking, weapons smuggling, human smuggling, sex trafficking, and racketeering charges.

Police say more than 1000 of those arrested had gang affiliations: connections to MS-13, and the Crips, Bloods, and the Surenos street gangs.

“Let me be clear that these violent criminal street gangs are the biggest threat facing our communities,” Homan says.

DC-based HSI agents arrested eleven MS-13 gang members in April at a home in Falls Church, police say.

Ten of those actions were ‘administrative arrests’, for immigation violations, the eleventh was a criminal arrest.

Investigators say federal agents and Fairfax County Police were keeping the home under surveillance because of reports about alleged sex trafficking.

“Our goal at the end of the day is to arrest, prosecute, imprison, deport and remove trans-national gang members as well as to supress violence, and prosecute crimial enterprises,” Benner says.

ICE says during the operation, officers seized 238 guns and $492,000 in cash.

But the agency also revealed a troubling trend.

Investigators in the San Diego area found street gangs are bucking the idea of turf or territory, and instead, are acting in concert, with different groups using each other’s expertise to maximize illegal profits.

“One gang, they specialize in narcotics smuggling, one may specialize in weapons trafficking,” Benner explains. “They’re using each other in this particular case, to further their own enterprises.”

Authorities say of those arrested, 933 are U.S. citizens, and 445 are foreign nationals from Central America, South America, Asia, Africa, Europe, and the Caribbean.

ICE’s Acting Director says the notion of sanctuary cities, where local authorities don’t cooperate with, or take part in ICE operations, is making these investigations more difficult.

“One officer can make (an) arrest inside the jail, turn him over to us, we can remove that person from the country,” Homan says. “When they get released without our attention, they’re back on the streets.”

He says after an initial arrest, 30 to 40 percent of gang-related suspects are repeat offenders.

Some of those in custody face federal re-entry charges, for returning to the U.S. after they were kicked out of the country for immigration or criminal violations.

ICE officials say this is not over, that there will be more operations like this in the future.

“We are not done,” Homan says. “We have a laser focus on these groups, and we will continue to actively pursue them, wherever they are in the United States.”

*** In 2016, ICE had a similar success. Image result for homeland security investigations

WASHINGTON — A five-week operation, dubbed Project Shadowfire, netted 1,133 arrests, including more than 900 transnational criminal gang members and others associated with transnational criminal activity, like drug trafficking, human smuggling and sex trafficking, murder and racketeering. The operation was led by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and concluded March 21.

“This operation is the latest example of ICE’s ongoing efforts, begun more than a decade ago under Operation Community Shield, to target violent gang members and their associates, to eradicate the violence they inflict upon our communities and to stop the cash flow to transnational organized crime groups operating overseas,” said ICE Director Sarah R. Saldaña.

Since the inception of Operation Community Shield in February 2005, HSI special agents, working in conjunction with federal, state and local law enforcement agencies, have made more than 40,000 gang-related arrests and seized more than 8,000 firearms.

Project Shadowfire was a surge operation conducted under Operation Community Shield, and led by the HSI National Gang Unit. Between Feb. 15 and March 21, HSI special agents worked with numerous state, local and federal law enforcement partners, including ICE’s Enforcement and Removal Operations (ERO), to apprehend individuals from various gangs.

Most of the individuals arrested during Project Shadowfire were U.S. citizens, but 239 foreign nationals from 13 countries in Central America, Asia, Europe and the Caribbean were also arrested. Of the 1,133 arrests, 915 were gang members and associates, 1,001 were charged with criminal offenses and 132 were arrested administratively for immigration violations.

The majority of arrestees were affiliated with gangs like MS-13, Sureños, Norteños, Bloods and several prison-based gangs. Enforcement actions occurred around the country, with the greatest activity taking place in the Los Angeles, San Juan, Atlanta, San Francisco, Houston, and El Paso areas.

The National Gang Unit oversees HSI’s expansive transnational gang portfolio and enables special agents to bring the fight to these criminal enterprises through the development of uniform enforcement and intelligence-sharing strategies.

Recent National Gang Unit-led operations include: Southern Tempest in 2011, targeting gangs affiliated with drug trafficking; Project Nefarious in 2012, targeting gangs involved in human smuggling and trafficking; Project Southbound in 2014, targeting the Sureños, the fasting growing transnational gang in the U.S., and Project Wildfire in 2015, the largest gang surge conducted by HSI to date.

Additionally, for the past three years, ICE has held an anti-gang conference with the U.S. Department of State in Mexico City to provide training and capacity building for international law enforcement officers to combat and prevent gang activities.

No Cyber Policy, Doctrine, Protection, Result of Senate Hearing

President Trump signed another executive order today. This one is on cyber security and protecting infrastructure. Read it here.

Image result for trump signs executive order BusinessInsider

No one wants to participate in the hard debate regarding cyber, where it is noted to be the highest threat for the homeland. At least the Trump White House is taking note, yet this executive order may not be enough or engage the private sector. It is gratifying however that some inside and outside experts are in fact having talks on an international basis with cyber experts. That is always a good thing.

At issue on this topic is the path forward and the estimated costs. Cyber is a battlespace where it should be noted it could cost what conventional military operations costs against adversaries and could take as long if not forever. All government infrastructure is dated, unprotected and there are no measures to correct in a priority ranking.

The other item of note, there is no legal or case law condition where the cyber attackers are prosecuted. Exactly why did Sony not sue North Korea? If there is no consequence, even ceremoniously, then expect more hacks. Of note, to sue and or sanction North Korea, China would have to be included, as the internet connectivity to North Korea is provided by China and further, China trained the hackers in North Korea….sheesh right?

Politico reports: The directive is Trump’s first major action on cyber policy and sets the stage for the administration’s efforts to secure porous federal networks that have been repeatedly infiltrated by digital pranksters, cyber thieves and government-backed hackers from China and Russia.

“The trend is going in the wrong direction in cyberspace, and it’s time to stop that trend and reverse it on behalf of the American people,” White House Homeland Security Adviser Tom Bossert told reporters during a Thursday afternoon briefing.

Cyber specialists say the order breaks little new ground but is vastly improved over early drafts, which omitted input from key government policy specialists. The final version, cyber watchers say, essentially reaffirms the gradually emerging cyber policy path of the past two administrations.

As part of the executive order’s IT upgrade initiative, administration officials will study the feasibility of transitioning to shared IT services and networks across the government. An estimated 80 percent of the $80 billion federal IT budget goes toward taking care of aging systems.

Senior Trump adviser Jared Kushner’s Office of American Innovation will play a significant role in the federal IT modernization effort, multiple people tracking the efforts have told POLITICO. Earlier this month, Trump signed an executive order creating the American Technology Council, with Kushner as director, to help coordinate that effort. More here.

*** Personally, it must be mentioned there is a problem with this operating out of the White House and certainly out of Jared Kushner’s office, he is way too tasked to be effective. Other professionals in the cyber realm agree, the matter of a ‘net’ command and operations that collaborate with the private sector should be it’s own command and separated from NSA.

There was a significant hearing today on The Hill while the FBI hearing was going on. Those on the witness panel included James Clapper, Jim Stavridis and Michael Hayden. The Senate Armed Services Committee hosted this session and it included high rate discussions including why there is no cyber doctrine, why there are no offensive measures and what the highest cyber threats are for the homeland.

NSA Chief Testimony, Cyber Security Threats and Solutions

French presidential candidate Marcon was hacked on Friday before the Sunday voting. Per the NSA Chief, U.S. Tipped Off France on the Russia hacks. The U.S. tipped off France when it saw that Russians were carrying out cyberattacks targeting French President-elect Emmanuel Macron, NSA chief Adm. Mike Rogers told a Senate panel on Tuesday. Macron’s campaign revealed it was hacked just hours before a campaigning blackout in the country ahead of the presidential election on Sunday. Macron ended up handily defeating his rival, Putin-backed Marine Le Pen. “We had become aware of Russian activity. We had talked to our French counterparts and gave them a heads-up—‘Look, we’re watching the Russians. We’re seeing them penetrate some of your infrastructure. Here’s what we’ve seen. What can we do to try to assist?’” Rogers told the Senate Armed Services Committee.

*** Meanwhile….there is no strategy or policy position on U.S. cyber warfare. However…

Next Steps for U.S. Cybersecurity in the Trump Administration: Active Cyber Defense

The failure of the government to provide adequate protection has led many cybersecurity analysts, scholars, and policymakers to suggest that there is a need for private-sector self-help. If the government is unable or unwilling to take or threaten credible offensive actions to deter cyberattacks or to punish those who engage in them, it may be incumbent upon private-sector actors to take up an active defense. In other words, the private sector may wish to take actions that go beyond protective software, firewalls, and other passive screening methods—and instead actively deceive, identify, or retaliate against hackers to raise their costs for conducting cyberattacks. Taking into consideration U.S., foreign, and international law, the U.S. should expressly allow active defenses that annoy adversaries while allowing only certified actors to engage in attribution-level active defenses. More aggressive active defenses that could be considered counterattacks should be taken only by law enforcement or in close collaboration with them.

Key Takeaways

If the government is unable or unwilling to deter cyberattacks, it may be incumbent upon private-sector actors to take up an active defense.

Before the U.S. authorizes private hack back, it must consider not only U.S. laws, but also foreign and international laws governing cyberspace.

Congress should establish a new active cyber defense system that enables the private sector to identify and respond to hackers more effectively.

***

Heritage: Americans want their cyber data to be safe from prying eyes. They also want the government to be able to catch criminals. Can they have both?

It’s an especially pertinent question to ask at a time when concerns over Russian hacking are prevalent. Can we expose lawbreakers without also putting law-abiders at greater risk? After all, the same iPhone that makes life easier for ordinary Americans also makes life easier for criminals.

Manhattan District Attorney Cyrus Vance Jr. has described the operating system of the iPhone as “warrant-proof,” saying criminals are using the devices – encrypted by default – to their advantage. In one instance, he quoted an inmate who, ironically, called the iPhone a “gift from God.”

Divine involvement is a matter of debate, but there’s no question that when it comes to the choice of breaking the cybersecurity of criminals without also endangering the personal data of ordinary Americans, well, the devil is in the details.

This is especially true given the evolving nature of the threat. Even if we wanted to give the government access to all the metadata it wants (when, where, and who called), technology is moving away from phone calls to text messages and other non-telephony applications. Traditional metadata will be of limited use to law enforcement in pursuit of the savvy criminal of the future. Law enforcement needs to develop new strategies and investigative techniques without making us all prey.

It’s nearly impossible to assess the total monetary value for all successfully prosecuted cybercrimes in the U.S., let alone estimate the number of criminal cases that would have fallen apart without access to a smartphone’s data. The Department of Justice doesn’t publish such data. But, according to the 2014 Center for Strategic and International Studies report “Net Losses: Estimating the Global Cost of Cybercrime,” global cybercriminal activity is valued at $400 billion a year. Cybercrime damages trade, reduces competitiveness, and limits innovation and global growth.

The fundamental problem is that no one in the government is responsible for securing the internet for all of us. The Department of Homeland Security is responsible for safeguarding our nation’s critical infrastructure, yet the insecure internet presents cyberthreats to non-enterprise users affect individual security, safety and economic prosperity. Who is responsible for their security?

Some elements of the federal government are so focused on hunting down information against a few horrendous criminals that they don’t seem to realize they’re doing it at the expense of our right to privacy and online protection. We can appreciate their dedication in these noble causes, but the fact remains that the internet has become a host to more and more personal information ever since Steve Jobs introduced the first iPhone.

Since then, the smartphone has evolved to have much more control over our lives, homes and vehicles. There is no sign of less data being held in the cyberspace.

In attempting to square this cyber-circle, the government would be wise to take a cue from the medical profession, which uses the Hippocratic oath to dictate an underlying requirement to refrain from causing harm to patients.

There is no such oath for members of the Department of Justice. They simply affirm that they will faithfully execute their duties without affirming that they will do so without harming the citizenry as a whole.

DOJ lawyers focus on individual prosecutions. That is too narrow of a definition of success. It forces them to use all means they can muster to make their prosecutions successful with little or no consideration of the larger harm their efforts may cause to the population in general.

That is a problem today and will only be magnified in the coming years as technology advances and the gap between those advances and the DOJ’s understanding of them widens. Within this environment, where insecurity breed’s criminality and stopping individual high-value criminals can motivate the DOJ to undermine security, one can only wonder, who is responsible for our security?

The world has changed. A new paradigm is needed to ensure the safety and security of all American’s data predicated on applying airtight security to our data. There is no return to the past. Perhaps the Trump administration will make this need for security a priority in a manner the previous administration did not.

Mexico’s Cartel Kids and a Deadly State

Reuters: The Mexican army says its fight against surging opium production that feeds U.S demand is increasingly complicated by the rise of smaller gangs disputing wild, ungoverned lands planted with ever-stronger poppy strains.

The gangs have engulfed the state of Guerrero in a war to control poppy fields, turning inaccessible mountain valleys of endemic poverty and famous beach resorts into Mexico’s bloodiest spots.

Colonel Isaac Aaron Jesus Garcia, who runs a base in one of the state’s most unruly cities, Ciudad Altamirano, told Reuters on an operation to chop down poppies high in the Guerrero mountains that violence increased two years ago when a third gang, Los Viagra, began a grab for territory.

Bodies are discovered almost daily across the state, tossed by roads, some buried in mass graves. In Ciudad Altamirano, the mayor was killed last year and a journalist gunned down in March at a car wash.

“These fractures (in the gangs) started two years ago, and that caused this violence that is all about monopolizing the production of the drug,” Jesus Garcia said.

From this frontline of the fight against heroin, Jesus Garcia sees a direct link between a record U.S. heroin epidemic that killed nearly 13,000 people in 2015 and violence on his patch.

“The increase of consumers for this type of drug in the United States has been exponential and the collateral effect is seen here,” Jesus Garcia said.

REUTERS/Henry Romero

Heroin use in the United States has risen five-fold in the past decade and addiction has more than tripled, with the biggest jumps among whites and men with low incomes.

Jesus Garcia said the task of seeking out poppy fields in one of Mexico’s poorest and least accessible regions, rising above the beach resorts of Acapulco and Ixtapa, was practically endless.

His 34th Battalion and others send platoons of troops on foot for month-long expeditions every season. They set up camps and fan through treacherous terrain, part of a campaign that destroys tens of thousands of fields a year.

One such field visited by Reuters was deep in a lawless region six hours from Ciudad Altamirano through winding dirt roads thick with dust that rose into the mountains.

It was irrigated by a lawn sprinkler mounted on a pole that spritzed water over less than a hectare of poppies and fertilizer bags were piled nearby, basic farming techniques the soldiers nevertheless said were a sign of growers’ new sophistication.

A dozen troops fanned out, chopping down the flowers with machetes.

HIGHER YIELDS

Army officials said gangs use poppy varieties that produce higher yields and more potent opium from smaller plots, and that its higher value is driving violent competition between gangs.

“Now we see more production of poppy in less terrain, and it has to do with the quantity of bulbs each plant has,” said Lieutenant Colonel Jose Urzua as he showed bulbs oozing valuable gum from slits. He explained opium is often harvested by families.

In these tiny mountain hamlets opium has grown for decades, officials said, but a coffee plague and the U.S. opiate epidemic has led farmers to plant much more.

The harvest has become central to Guerrero’s economy, also dependent on cash sent home by immigrants.

One army official said the field seen by Reuters could produce around 3 kilos (6.6 lb) of opium, fetching up to $950 per kilo from traffickers who sell it for up to $8,000.

“There aren’t many alternatives here,” said a woman selling soft drinks and snacks from a pine shack by a dirt road. Her husband grows poppies, and she said anyone who runs a business faces extortion by gangs.

***   Image result for cnn no way out cartel kids CNN

(CNN)It was the second deadliest conflict in the world last year, but it hardly registered in the international headlines.

As Syria, Iraq and Afghanistan dominated the news agenda, Mexico’s drug wars claimed 23,000 lives during 2016 — second only to Syria, where 50,000 people died as a result of the civil war.
“This is all the more surprising, considering that the conflict deaths [in Mexico] are nearly all attributable to small arms,” said John Chipman, chief executive and director-general of the International Institute for Strategic Studies (IISS), which issued its annual survey of armed conflict on Tuesday.
“The wars in Iraq and Afghanistan claimed 17,000 and 16,000 lives respectively in 2016, although in lethality they were surpassed by conflicts in Mexico and Central America, which have received much less attention from the media and the international community,” said Anastasia Voronkova, the editor of the survey.   
In comparison, there were 17,000 conflict deaths in Mexico in 2015 and 15,000 in 2014 according to the IISS.

Rising death toll

Voronkova said the number of homicides rose in 22 of Mexico’s 32 states during 2016 and the rivalries between cartels increased in violence.
“It is noteworthy that the largest rises in fatalities were registered in states that were key battlegrounds for control between competing, increasingly fragmented cartels,” she said.
“The violence grew worse as the cartels expanded the territorial reach of their campaigns, seeking to ‘cleanse’ areas of rivals in their efforts to secure a monopoly on drug-trafficking routes and other criminal assets.”
Mexican drug cartels take in between $19 billion and $29 billion annually from US drug sales, according to the Department of Homeland Security.
Rivalries between the cartels wreak havoc on the lives of civilians who have nothing to do with narcotics. Bystanders, people who refused to join cartels, migrants, journalists and government officials have all been killed.

Not on news agenda

Jacob Parakilas, assistant head of the US and the Americas Programme at London-based think tank Chatham House, said part of the reason for the relative lack of attention paid to Mexico in the international media is “it’s not a war in the political sense of the word. The participants largely don’t have a political objective. They’re not trying to create a breakaway state. It doesn’t come with the same visuals. There are no air strikes.
“Also this has been going on since the beginning of the modern drug trade in the Americas. It’s not news in that sense. And Mexico is one of the most dangerous countries in the world to be a journalist. They are intentionally targeted in Mexico, which puts a dampener on the ability to report on this.”
Drug kingpin Joaquin "El Chapo" Guzman is facing trial in New York.

There have, however, been significant arrests in relation to the Mexican drug trade in recent times.
Damaso Lopez Nunez, a high-ranking leader of Mexico’s Sinaloa drug cartel, was arrested on May 2 in Mexico City and could face charges in the US, authorities said.
His arrest follows January’s extradition of Joaquin “El Chapo” Guzman, who is accused of running the Sinaloa cartel — one of the world’s largest drug-trafficking organizations.
He awaits trial in New York on 17 counts accusing him of running a criminal enterprise responsible for importing and distributing massive amounts of narcotics and conspiring to murder rivals.

World conflict deaths fall

The number of conflict fatalities globally edged down last year, from 167,000 to 157,000, according to the IISS.
This was the second successive annual drop — 180,000 people were killed in 2014.
The number of deaths in Syria fell from 55,000 in 2015. But there were 1,000 more deaths in Afghanistan last year than 2015 and 4,000 more in Iraq.
Voronkova from the IISS said: “Civilians caught amid conflict arguably suffered more than in the preceding years. Between January and August, 900,000 people were internally displaced in Syria alone.”
The internal displacement figures were 234,000 for Iraq and 260,000 for Afghanistan.