Sanctuary Cities Don’t Comply Face Loss of Federal Dollars/Clawback

AG: Sanctuary Cities Face Ineligibility for Future Federal Funds, ‘Clawback’ of Funds Already Awarded

(CNSNews.com) – Attorney General Jeff Sessions said Monday that states and localities that refuse to comply with federal immigration laws will be deemed ineligible for federal grants.

“Today, I’m urging  states and local jurisdictions to comply with these federal laws, including 8 U.S.C. Section 1373. Moreover, the Department of Justice will require that jurisdictions seeking or applying for Department of Justice grants to certify compliance with 1373 as a condition of receiving those awards,” he said, adding that the policy “is entirely consistent with the Department of Justice’s Office of Justice Program’s guidance that was issued just last summer under the previous administration.

“This guidance requires state and local jurisdictions to comply and certify compliance with Section 1373 in order to be eligible for OJP grants. It also made clear that failure to remedy violations could result in withholding grants, termination of grants, and disbarment or ineligibility for future grants,” Sessions added.

“The Department of Justice will also take all lawful steps to clawback any funds awarded to a jurisdiction that willfully violates 1373. In the current fiscal year, the Department of Justice’s Office of Justice Program and Community Oriented Policing services anticipates awarding more than $4.1 billion in grants,” he said.

The attorney general said that in one week alone, “there were more than 200 instances of jurisdictions refusing to honor ICE detainer requests with respect to individuals charged or convicted of a serious crime,” according to a report released recently by the Department of Homeland Security.

“The charges and convictions against these aliens included drug-trafficking, hit-and-run, rape, sex offenses against a child, and even murder. Such policies cannot continue. They make our nation less safe by putting dangerous criminals back on the streets,” Sessions said.

He pointed to the murder of 32-year-old Kate Steinle who was killed two years ago in San Francisco as an example.

“The shooter, Francisco Sanchez, was an illegal immigrant who had already been deported five times and had seven felony convictions,” Sessions pointed out.

“Just 11 weeks before the shooting, San Francisco had released Sanchez from its custody, even though Immigration and Customs Enforcement officers had filed a detainer requesting that he be held in custody until immigration authorities could pick him up for removal. Even worse, Sanchez admitted the only reason he came to San Francisco was because it was a sanctuary city,” the attorney general said.

“A similar story unfolded just last week, when Ever Valles, an illegal immigrant and a Mexican national was charged with murder and robbery of a man at a light rail station. Valles was released from a Denver jail in late December, despite the fact that ICE has lodged a detainer for his removal,” he said.

“The American people are not happy with these results. They know that when cities and states refuse to help enforce immigration laws, our nation is less safe. Failure to deport aliens who are convicted of criminal offenses puts whole communities at risk, especially immigrant communities in the very sanctuary jurisdictions that seek to protect the perpetrators,” Sessions said.

Sessions said recent polling shows that 80 percent of Americans “believe that cities that arrest illegal immigrants for crime should be required to turn them over to immigration authorities.”

“DUIs, assaults, burglaries, drug crimes, gang rapes, crimes against children, and murderers — countless Americans would be alive today and countless loved ones would not be grieving today if these policies of sanctuary cities were ended. Not only do these policies endanger lives of every American — just last May, the Department of Justice inspector general found that these policies also violate federal law,” he said.

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Nine Bipartisan Homeland Security-Related Bills Passed by House

What the House Committee on Homeland security described as an “unprecedented number of bipartisan [bills] aimed at keeping Americans safe,” were passed this last week by the House which deal with a variety of aspects of homeland Security.

The nine pieces of legislation, the committee said, are designed “to … also save taxpayer dollars by improving the acquisition process at the Department of Homeland Security [DHS] and make important reforms to the operations of the Transportation Security Administration [TSA].”

“It is critical that we continue to re-examine our strategy, technology and the infrastructure we currently have in place to strengthen the Department of Homeland Security and stop terrorists from reaching our shores,” said committee chairman Michael McCaul (R-TX). “The evolving threats we face demand action to address vulnerabilities in our defenses. I commend the work of my Committee—particularly the bipartisan nature in which these bills were advanced—to make our country safer.”

The nine bills out the Homeland Security Committee passed by the House included a key counterterrorism bill, the Terrorist and Foreign Fighter Travel Exercise Act of 2017 (HR 1302), which expands on the work of last Congress.

The other key pieces of legislation passed this past week include the:

DHS Multiyear Acquisition Strategy Act of 2017 (HR 1249), introduced by Rep. Brian Fitzpatrick (R-PA), and amends the Homeland Security Act of 2002 to require a multiyear acquisition strategy of DHS.

DHS Acquisition Authorities Act of 2017 (HR 1252), introduced by Rep. Clay Higgins (R-LA), amends the Homeland Security Act of 2002 to provide for certain acquisition authorities for the Under Secretary of Management of DHS.

Reducing DHS Acquisition Cost Growth Act (HR 1294), introduced by Rep. John Rutherford (R-FL), amends the Homeland Security Act of 2002 to provide for congressional notification regarding major acquisition program breaches.

TSA Administrator Modernization Act of 2017 (HR 1309), introduced by Rep. John Katko (R-NY), streamlines the office and term of the administrator of TSA.

Quadrennial Homeland Security Review Technical Corrections Act of 2017 (HR 1297), introduced by Rep. Bonnie Watson Coleman (D-NJ), amends the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews.

Transparency in Technological Acquisitions Act of 2017 (HR 1353), introduced by Rep. Kathleen Rice (D-NY), amends the Homeland Security Act of 2002 to require certain additional information to be submitted to Congress regarding the strategic 5-year technology investment plan of the TSA.

Read Homeland Security Today’s report on the bill here.

Securing our Agriculture and Food Act (HR 1238), introduced by Rep. David Young (R-IA), amends the Homeland Security Act of 2002 to make the Assistant Secretary of Homeland Security for Health Affairs responsible for coordinating the efforts of DHS related to food, agriculture and veterinary defense against terrorism.

Read Homeland Security Today’s report on the legislation here.

Terrorist and Foreign Fighter Travel Exercise Act of 2017 (HR 1302), introduced by Rep. Martha McSally (R-AZ), requires an exercise related to terrorist and foreign fighter travel, and for other purposes.

Department of Homeland Security Acquisition Innovation Act (HR 1365), introduced by Rep. Lou Correa (D-CA), amends the Homeland Security Act of 2002 to require certain acquisition innovation.

What you Should Know About “Las Moicas” and Why

Is there any reason why the Trump administration has not called for all drug cartels to be listed as terror organizations?

Ten Cartels are fighting for control of Guerrero with more brutality and violence

Subject Matter: Organized crime in Guerrero
Recommendation: No prior subject matter knowledge requiredGuerrero occupies the third place in terms of most poverty at 62% of the population and first place for homicides at 2884 in 2016 at the national level. It is the state most disputed among organized crime groups. There is a presence of 10 cartels, five of them top level. Its central zone has converted into a battlefield between two organizations Los Rojos and Los Ardillos and possibly others that authorities have not completely identified yet. The presence of 500 military and state police has not contained the disappearances and executions and the criminals come back each time more brutal.

In the last decade, Guerrero has converted in the land of cartels and death; the dispute between the Sinaloa cartel, CJNG, the Beltran Leyva Organization, the Knights Templar, La Familia Michoacana and no less than five local organizations have converted the state into the most violent with 18,000 executions since 2006, when the call to war against the narco was initiated.

In Guerrero, 12 of the 81 towns are considered neutral zones. The geographic location of Chilapa has converted it into a demarcation most fought over since 2012 by Los Ardillos and Los Rojos, and not only because it is an essential corridor for the transit of drugs, also its land is utilized for the growing of poppys, “that has just finished its first harvest of the year”, according to the Guerrero Coordination Group.

What has happened this year, in Chilapa, there have been 48 executions related to the war between Los Rojos and Los Ardillos, Rojos and a third group of civil organizations known as “Los Jefes” or “Gente Nueva”, different to the Gente Nueva of the Sinaloa cartel, only have a presence int he communities,  and with a population of 129,867 only has 500 soldiers and 100 Municipals to police it.

This last weekend was a violent one in the State with no less that 23 deaths, 10 of them in Chilapa, two women and three men were killed by gunfire in different events and five bodies were incinerated in the interior of a taxi.

At the Start of the month, on Tuesday the 7th, 6 dismembered bodies in a state of decomposition appeared inside 13 plastic bags. On Thursday the 9th, they found another five bodies charred inside a vehicle. The brutality with which they perpetrate the executions in the indigenous town, “is very strong” assured the Governor Hector Astudillo Flores.

The growing wave of violence in the town led to the implementation of Operation Chilapa, in January of 2016. One year after the security strategy was put in place, the Mayor Jesus Parra Garcia blamed social networks and media for “inventing facts that affect the image of the town”. With recent executions of PRI members he had to admit that the violence was aggravated during his administration.

These are times of crisis, of adversity, and are very complex. I have had to govern in the most difficult times for Chilapa, he told reporters.

Who are Los Rojos and Los Ardillos

In the period of 2012 – 2015, when the municipality was governed by PRI Francisco Javier Garcia Gonzalez, Los Rojos settled in Chilapa under the command of Zenen Nava Sanchez “El Chaparro”, alleged family of Jesus Nava Romero ” El Rojo”.

He was a Lieutenant of Arturo Beltran Leyva and who was slaughtered in June of 2013 in Puebla. During this administration, the population lived through the first mass kidnappings, huge extortion of transport and businesses and brutal executions.

Jesus Nava Romero dead in the street (Borderland Beat archive)

Los Ardillos, a gang that comes from the Quechultenango region, whose leaders Celso and Antonio Hernandez Ortega are brothers of ex PRD deputy Bernardo Ortega Jiminez, have extended into the regions of Chilapa, Zitlala, Tixtla, Totoloapan and Acapulco in only one year, 2014, during the transition of the governorships of Angel Aguirre Rivero and Rogelio Ortega Martinez bot of the PRD.

The battle for the central zone of Guerreo tainted at this moment Aguirre Rivero as well as Garcia Gonzalez and also the ex PRI Mario Moreno Arcos of Chilpancingo, and Ignacio Bacilio and Eduardo Nero all accused publicly of ties to Los Rojos.

In 2015, with the change of State Government and municipal, things had begun to escalate. The President of the organization Siempre Vivos, Jose Diaz Navarro, assured that a reduction in the violence would be felt because Zenen Nava, who in January of 2016 escaped after a two hour confrontation with the armed forces, had returned. According to the PGR, El Chaparro in one of the 13 priority objectives of Guerrero and Morelos.

In the last three years, Los Ardillos and Los Rojos, in their dispute for territory, have committed executions of extreme cruelty, torturing, decapitating, and incinerating corpses that were left in public places.

They have also been responsible for the disappearance of 130 persons, according to the Centre for Human Rights. The mass kidnappings in the towns of Zitlata and Chilapa, where the criminal groups kidnap the inhabitants, all in the presence of Military and State Police, denounce the ONG.

The confrontations between various cartels, as well as the kidnappings and executions against the inhabitants, have caused fear in Chilapa. Families prefer not to leave their houses aftern 7 at night , the schools are secured with padlocks and checkpoints that are reinforced.

Nevertheless, the organization Siempre Vivos considers that part of the violence that affects the towns of Tixtla and Zitlala, is a strategy of terror of the State and Federal Governments so that the population calls for the law of Homeland Security, that is pending for discussion at the Congress of the Union.

Totoloapan and the Tequileros

Located in the region of the Tierra Caliente, Totoloapan is, along with Ajuchitlan, Arcelio and Coyuca, the Municipality most threatened by Los Tequileros, a group that separated from La Famila Michoacana and since 2013 have occasioned the displacement of families from no less than 16 communities.

According to reports of the newspaper El Sur, Raibel Jacobo de Almonte, El Tequilero, was a plaza jefe for La Familia Michoacana. Once he had formed his own organization, he began controlling the San Miguel Totolapan and some rural populations in the border area of Rio Balsas. In 2016 his epower extended to populations of the municipalities of Ajuchitlan, Tlapehuala and Arcelia.

In the Tierra Caliente, six out of every ten homicides are attributed to Los Tequileros, who are also linked to a politician, PRI deputy Saul Beltran Orozco. Before the omission, complicity and participation of the local authorities, the local population had chosen to arm itself to the face this criminal organization.

The violence in Guerrero is generalized by the number of cartels that are disputing the third poorest State of the country, but also by the failed security strategy implemented by the Federal and State Governments, that while advising of “big changes” and advances in security the State remains the number one in the list for malicious homicides.  Translated by Otis B Fly-Wheel for Borderland Beat from a Sinembargo article

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Not finished yet:
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Meet the Little-Known Mexican Cartel Operating in California

A little-known drug trafficking group in Mexico called “Las Moicas” has not only successfully defended its foothold in the US heroin market for years against Mexico‘s most powerful cartels, but recent reports suggest that it might be expanding.

In an interview with BBC Mundo published on March 15, a spokesperson for the US Drug Enforcement Administration (DEA) said that the Moicas had been expanding their territory in Mexico and that the little-known group had come into conflict with some of Mexico‘s biggest criminal organizations, including the Sinaloa Cartel and the Jalisco Cartel – New Generation (CJNG).

According to a July 2015 report from the DEA, eight major Mexican transnational criminal groups were known to be operating in the United States. Alongside prominent players like the Sinaloa Cartel and CJNG, appeared a trafficking organization called Las Moicas.

According to the report, the Moicas are based in the Mexican state of Michoacán and have ties to the Familia Michoacána, an organization largely displaced by its splinter group, the Knights Templar. Despite the decline of the Familia Michoacána after the death of its top leader in 2014, the Moicas group “remains a regional supplier in California and operate[s] on a smaller scale relative to other major Mexican” criminal organizations.

The Moicas’ first reported run-in with the DEA dates back to 2009, when US authorities seized 50 kilograms of heroin and $250,000 in cash, in addition to arresting several of the 21 suspects from the group later charged in connection with the seizure.

The DEA’s press release concerning the operation asserts that a total of 200 kilograms of heroin, with an estimated retail value of $17.5 million, were smuggled during the run. The group allegedly hid both drugs heading north and drug profits heading south “in elaborate vehicle engine compartments” that allowed them to cross the border undetected.

At the time, the Moicas operated solely in California, but the group has since reportedly expanded to Reno, Nevada, and it operates in some areas of California dominated by the Sinaloa Cartel, according to the DEA’s 2015 report.

As of March 2016, VICE News reported, Mexican authorities had no record of Las Moicas.

InSight Crime Analysis

Mexico’s criminal landscape has become increasingly fragmented as larger cartels continue to rely heavily on smaller groups for specialized criminal tasks and as the government continues to take down top leaders of major criminal organization. In an illustration of this dynamic, Mexican authorities stated that nine cartels — not including the Moicas — operated throughout the country as of July 2016, relying on a total of 37 criminal cells.

Within this context, it appears that the Moicas may have succeeded in quietly growing by maintaining a low profile, as suggested by the absence of official acknowledgement of the group by the Mexican government as well as the scant public information available about the organization. According to the DEA spokesperson contacted by BBC Mundo, the US anti-drug agency does not even know the composition of the Moicas’ hierarchy.

It is possible that the Moicas have followed the blueprint of earlier Mexican drug trafficking organizations, such as the Xalisco Boys who achieved a striking expansion across the United States in the 1990s by investing in the heroin market while maintaining a low profile.

And it is likely that the Moicas’ rise and reported expansion has been fueled by the booming US demand for heroin. The US consumption market for this particularly addictive drug is believed to have tripled over the past decade, boosted by over-prescription of legal opioid drugs and even allegedly criminal activity by executives of some companies in the US pharmaceutical industry.

Visa Overstays are a Bigger Issue then the Border Wall

Primer: If you overstay your visa for 180 days or more (but less than one year), when you depart the U.S. you will be barred from reentering the U.S. for three years. If you overstay your visa for one year or more, when you depart the U.S. you will be barred from reentering the U.S. for ten years.

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Related reading: Rep. Henry Cuellar (D-TX), reports on 30 countries that refuse to take back their criminals. He appeared on CSpan and Full Measure explaining the issue. The Washington Times reports under federal law, the U.S. government can refuse to issue visas to nationals of countries that refuse to take back their citizens who have been ordered deported from the United States. But according to Cuellar, the government is not enforcing the law.
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TruthRevolt reports in part: The Center for Migration Studies reports that “two-thirds of those who arrived in 2014 did not illegally cross a border, but were admitted (after screening) on non-immigrant (temporary) visas, and then overstayed their period of admission or otherwise violated the terms of their visas.” This is a trend, far above illegal crossings, which is anticipated to continue climbing from now on.

“That’s because, incredibly, the U.S. doesn’t have an adequate system to assure the foreigners leave when they’re supposed to,” Judical Watch reports. “This has been a serious problem for years and in fact some of the 9/11 hijackers overstayed their visa to plan the worst terrorist attack on U.S. soil. More than a decade and a half later little has changed. Securing the famously porous southern border is essential to national security but so is a reliable system that cracks down on visa overstays.”

According to the CMS study, there have been 600,000 more overstays than illegal border crossings since 2007. Mexico leads in both overstays and EWIs, or entries without inspection. Here are the breakdowns:

  • California has the largest number of overstays (890,000), followed by New York (520,000), Texas (475,000), and Florida (435,000).
  • Two states had 47 percent of the 6.4 million EWIs in 2014: California (1.7 million) and Texas (1.3 million).
  • The percentage of overstays varies widely by state: more than two-thirds of the undocumented who live in Hawaii, Massachusetts, Connecticut, and Pennsylvania are overstays. By contrast, the undocumented population in Kansas, Arkansas, and New Mexico consists of fewer than 25 percent overstays. More here.

*** So who is responsible for control of this? ICE holds all accountability, which reports to the Department of Homeland Security. What about Congress you ask?

Check this out…

Well, there was a bill introduced in 2013, 2015 and again in January of 2017. Yup. The current bill was only introduced and has a 1% chance of passing. It is only a 2 page bill to amend current law noted as H.R. 643. This bill would make it a crime for visa overstays with defined penalties. It is the U.S. State Department, Bureau of Consular Affairs that is responsible for issuing visas and waivers in the case of denials. If you can stand reading the steps and caveats to this process, go here.

Related reading: DHS Releases Entry/Exit Overstay Report For Fiscal Year 2015

For context on how DHS under Secretary Jeh Johnson at the time packaged the report, here is a sample:

DHS conducts the overstay identification process by examining arrival, departure and immigration status information, which is consolidated to generate a complete picture of an individual’s travel to the United States.  The Department identifies two types of overstays – those individuals for whom no departure has been recorded (Suspected In-Country Overstay) and those individuals whose departure was recorded after their lawful admission period expired (Out-of-Country Overstay).

This report focuses on foreign nationals who entered the United States as nonimmigrant visitors for business (i.e., B1 and WB visas) or pleasure (i.e., B2 and WT visas) through an air or sea port of entry, which represents the vast majority of annual nonimmigrant admissions.  In FY 2015, of the nearly 45 million nonimmigrant visitor admissions through air or sea ports of entry that were expected to depart in FY 2015, DHS determined that 527,127 individuals overstayed their admission, for a total overstay rate of 1.17 percent.  In other words, 98.83 percent had left the United States on time and abided by the terms of their admission.

The report breaks the overstay rates down further to provide a better picture of those overstays that remain in the United States beyond their period of admission and for whom CBP has no evidence of a departure or transition to another  immigration status. At the end of FY 2015, the overall Suspected In-Country Overstay number was 482,781 individuals, or 1.07 percent.

Due to further continuing departures by individuals in this population, by January 4, 2016, the number of Suspected In-Country overstays for FY 2015 had dropped to 416,500, rendering the Suspected In-Country Overstay rate as 0.9 percent.  In other words, as of January 4, DHS was able to confirm the departures of over 99 percent of nonimmigrant visitors scheduled to depart in FY 2015 via air and sea POEs, and that number continues to grow.

This report separates Visa Waiver Program (VWP) country overstay numbers from non-VWP country numbers.  For VWP countries, the FY 2015 Suspected In-Country overstay rate is 0.65 percent of the 20,974,390 expected departures. For non-VWP countries, the FY 2015 Suspected In-Country Overstay rate is 1.60 percent of the 13,182,807 expected departures. DHS is in the process of evaluating whether and to what extent the data presented in this report will be used to make decisions on the VWP country designations.

Overall, CBP has improved the collection of data on all admissions to the United States by foreign nationals, biometric data on most foreign travelers to the United States, and processes to check data against criminal and terrorist watchlists.  CBP has also made tremendous progress in accurately reporting data on overstays to better centralize the overall mission in identifying overstays.  CBP will continue to roll out additional pilot programs during FY 2016 that will further improve the ability of CBP to accurately report this data.

U.S. Immigration and Customs Enforcement’s (ICE) Counterterrorism and Criminal Exploitation Unit (CTCEU) is the program dedicated to the enforcement of nonimmigrant visa violations.  Each year, ICE analyzes records of hundreds of thousands of potential status violators from various investigative databases and DHS entry/exit registration systems. The goal is to identify, locate, prosecute when appropriate, and remove overstays consistent with DHS’s immigration enforcement priorities, which prioritize those who pose a risk to national security or public safety.

Read more here.

The Counterterrorism and Criminal Exploitation Unit prevents terrorists and other criminals from exploiting the nation’s immigration system. Really? Yup, that is what the website reads. In a hearing from 2012, you may be interested in reading the testimony on the matter of visa overstays delivered by DHS Deputy Counterterrorism Coordinator John Cohen and ICE Homeland Security Investigations Deputy Executive Associate Director Peter Edge.

Obama Hid Climate Change Money in all Agencies

Primer: Even the Pentagon and General Mattis are part of the Climate Change supporters.

Secretary of Defense James Mattis has asserted that climate change is real, and a threat to American interests abroad and the Pentagon’s assets everywhere, a position that appears at odds with the views of the president who appointed him and many in the administration in which he serves.

In unpublished written testimony provided to the Senate Armed Services Committee after his confirmation hearing in January, Mattis said it was incumbent on the U.S. military to consider how changes like open-water routes in the thawing Arctic and drought in global trouble spots can pose challenges for troops and defense planners. He also stressed this is a real-time issue, not some distant what-if.  

“Climate change is impacting stability in areas of the world where our troops are operating today,” Mattis said in written answers to questions posed after the public hearing by Democratic members of the committee. “It is appropriate for the Combatant Commands to incorporate drivers of instability that impact the security environment in their areas into their planning.” More here from ProPublica.

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*** Obama’s Climate Change policy is here.

In November 2014, President Obama announced the United States’ intention to contribute $3 billion to the Green Climate Fund (GCF) to reduce carbon pollution and strengthen resilience in developing countries. The U.S. contribution builds on a bipartisan history of U.S. leadership to support climate action and will leverage public and private finance to avoid some of the most catastrophic risks of climate change. The strong U.S. pledge helped increase the number and ambition of other countries’ contributions and our leadership helped propel initial capitalization of the fund to over $10 billion, a threshold seen by stakeholders as demonstrating serious donor commitment.

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To Protect Climate Money, Obama Stashed It Where It’s Hard to Find

Bloomberg: President Donald Trump will find the job of reining in spending on climate initiatives made harder by an Obama-era policy of dispersing billions of dollars in programs across dozens of agencies — in part so they couldn’t easily be cut.

There is no single list of those programs or their cost, because President Barack Obama sought to integrate climate programs into everything the federal government did. The goal was to get all agencies to take climate into account, and also make those programs hard to disentangle, according to former members of the administration. In some cases, the idea was to make climate programs hard for Republicans in Congress to even find.

“Much of the effort in the Obama administration was to mainstream climate change,” said Jesse Keenan, who worked on climate issues with the Department of Housing and Urban Development and now teaches at Harvard University. He said all federal agencies were required to incorporate climate-change plans into their operations.

The Obama administration’s approach will be tested by Trump’s first budget request to Congress, an outline of which is due to be released Thursday. Trump has called climate change a hoax; last November he promised to save $100 billion over eight years by cutting all federal climate spending. His budget will offer an early indication of the seriousness of that pledge — and whether his administration is able to identify programs that may have intentionally been called anything but climate-related.

Read more: Trump Said to Drop Climate Change From Environmental Reviews

The last time the Congressional Research Service estimated total federal spending on climate was in 2013. It concluded 18 agencies had climate-related activities, and calculated $77 billion in spending from fiscal 2008 through 2013 alone.

But that figure could well be too low. The Obama administration didn’t always include “climate” in program names, said Alice Hill, director for resilience policy on Obama’s National Security Council.

“Given the relationship that existed with Congress on the issue of climate change, you will not readily find many programs that are entitled ‘climate change,’” Hill, who is now a research fellow at the Hoover Institution, said in an interview. At the Department of Defense, for example, anything with the word climate would have been “a target in the budget process,” she said.

The range of climate programs is vast, stretching across the entire government.

The Department of Agriculture created “climate hubs” to help farmers and ranchers cope with extreme weather. The Department of Health and Human Services began analyzing the effects of climate change on occupational safety. The Bureau of Reclamation started a program called “West-Wide Climate Risk Assessments,” measuring changes to water supply and demand. The Bureau of Indian Affairs created the Tribal Climate Resilience Program. The Agency for International Development created a program to help “glacier-dependent mountain areas” deal with the risk of those glaciers melting.

In other cases, agencies expanded existing programs to account for global warming. In 2012, the Federal Highway Administration made climate-adaptation projects eligible for federal aid. Last year, the Department of Housing and Urban Development awarded $1 billion through its Community Development Block Grant program to projects protecting against climate change-related natural disasters.

Meanwhile, a handful of lesser-known offices saw their funding increase while Obama was in office. The budget for NASA’s Earth Science program increased 50 percent, to $1.8 billion. Funding for the U.S. Global Change Research Program, which is mandated by Congress to report every four years on the state of climate change, rose 45 percent to $2.6 billion. At the National Science Foundation, the geosciences program almost doubled to $1.3 billion.

Republican Demands

Republicans noticed, and tried to force the administration to offer a tally of climate funding. Last December, senior House Republicans sent a letter to Obama’s budget director, demanding that his office report how much federal money had gone toward climate programs in fiscal years 2015 and 2016.

Any cuts may face opposition in Congress, as Democrats and some Republicans support the spending, especially that to help communities withstand floods, hurricanes or droughts associated with climate change. Wednesday, a group of 17 Republicans announced their support for climate science — and policy measures to address it.

“Budget cuts to programs — or elimination of entire agencies — designed to help stem the costs of climate change will only hurt ranchers, agriculture producers, and coastal communities already experiencing the impacts of this global challenge,” Christy Goldfuss, managing director of the Council on Environmental Quality in Obama’s White House, said by email.

‘Gravy Train’

Some in Trump’s party now urge him to use his authority to find those programs, and take them apart.

“The Trump Administration needs to defund the entire apparatus of the climate change federal funding gravy train,” said Marc Morano, a former Republican staffer for the Senate Environment and Public Works Committee. “In order to dismantle the climate establishment, agencies and programs throughout the federal government need to be targeted.”

“The climate funding has spread to almost every aspect of the federal government with sometimes wacky results,” said Morano, who doubts global warming and runs the website climatedepot.com. He cited one example of a Department of Transportation query about the link between climate change and fatal car crashes.

Others argue that the spread of climate programs throughout the federal government simply reflects the evolving nature of the risk.

“It is irresponsible not to examine the possibilities and understand our sensitivity to them,” said Ed Link, a former director of research and development for the U.S. Army Corps of Engineers who led the forensic analysis of Hurricane Katrina’s effect on New Orleans. If federal agencies stop doing that work, he said by email, “shame on them.”

Russian FSB Officers Charged in Yahoo Hack and More

  NBC, Washington

Yahoo announced on Thursday that the account information of at least 500 million users was stolen by hackers two years ago, in the biggest known intrusion of one company’s computer network.

In a statement, Yahoo said user information — including names, email addresses, telephone numbers, birth dates, encrypted passwords and, in some cases, security questions — was compromised in 2014 by what it believed was a “state-sponsored actor.” More here from NYT’s.

U.S. Charges Russian FSB Officers and Their Criminal Conspirators for Hacking Yahoo and Millions of Email Accounts

FSB Officers Protected, Directed, Facilitated and Paid Criminal Hackers

Image result for Dmitry Aleksandrovich Dokuchaev Image result for Igor Anatolyevich Sushchin Image result for Alexsey Alexseyevich Belan

Image result for Karim Akehmet Tokbergenov Karim Taloverov, arrested in Canada

A grand jury in the Northern District of California has indicted four defendants, including two officers of the Russian Federal Security Service (FSB), for computer hacking, economic espionage and other criminal offenses in connection with a conspiracy, beginning in January 2014, to access Yahoo’s network and the contents of webmail accounts. The defendants are Dmitry Aleksandrovich Dokuchaev, 33, a Russian national and resident; Igor Anatolyevich Sushchin, 43, a Russian national and resident; Alexsey Alexseyevich Belan, aka “Magg,” 29, a Russian national and resident; and Karim Baratov, aka “Kay,” “Karim Taloverov” and “Karim Akehmet Tokbergenov,” 22, a Canadian and Kazakh national and a resident of Canada.

The defendants used unauthorized access to Yahoo’s systems to steal information from about at least 500 million Yahoo accounts and then used some of that stolen information to obtain unauthorized access to the contents of accounts at Yahoo, Google and other webmail providers, including accounts of Russian journalists, U.S. and Russian government officials and private-sector employees of financial, transportation and other companies. One of the defendants also exploited his access to Yahoo’s network for his personal financial gain, by searching Yahoo user communications for credit card and gift card account numbers, redirecting a subset of Yahoo search engine web traffic so he could make commissions and enabling the theft of the contacts of at least 30 million Yahoo accounts to facilitate a spam campaign.

The charges were announced by Attorney General Jeff Sessions of the U.S. Department of Justice, Director James Comey of the FBI, Acting Assistant Attorney General Mary McCord of the National Security Division, U.S. Attorney Brian Stretch for the Northern District of California and Executive Assistant Director Paul Abbate of the FBI’s Criminal, Cyber, Response and Services Branch.

“Cyber crime poses a significant threat to our nation’s security and prosperity, and this is one of the largest data breaches in history,” said Attorney General Sessions. “But thanks to the tireless efforts of U.S. prosecutors and investigators, as well as our Canadian partners, today we have identified four individuals, including two Russian FSB officers, responsible for unauthorized access to millions of users’ accounts. The United States will vigorously investigate and prosecute the people behind such attacks to the fullest extent of the law.”

“Today we continue to pierce the veil of anonymity surrounding cyber crimes,” said Director Comey. “We are shrinking the world to ensure that cyber criminals think twice before targeting U.S. persons and interests.”

“ The criminal conduct at issue, carried out and otherwise facilitated by officers from an FSB unit that serves as the FBI’s point of contact in Moscow on cybercrime matters, is beyond the pale,” said Acting Assistant Attorney General McCord. “Once again, the Department and the FBI have demonstrated that hackers around the world can and will be exposed and held accountable. State actors may be using common criminals to access the data they want, but the indictment shows that our companies do not have to stand alone against this threat. We commend Yahoo and Google for their sustained and invaluable cooperation in the investigation aimed at obtaining justice for, and protecting the privacy of their users.”

“This is a highly complicated investigation of a very complex threat. It underscores the value of early, proactive engagement and cooperation between the private sector and the government,” said Executive Assistant Director Abbate. “The FBI will continue to work relentlessly with our private sector and international partners to identify those who conduct cyber-attacks against our citizens and our nation, expose them and hold them accountable under the law, no matter where they attempt to hide.”

“Silicon Valley’s computer infrastructure provides the means by which people around the world communicate with each other in their business and personal lives. The privacy and security of those communications must be governed by the rule of law, not by the whim of criminal hackers and those who employ them. People rightly expect that their communications through Silicon Valley internet providers will remain private, unless lawful authority provides otherwise. We will not tolerate unauthorized and illegal intrusions into the Silicon Valley computer infrastructure upon which both private citizens and the global economy rely,” said U.S. Attorney Stretch. “Working closely with Yahoo and Google, Department of Justice lawyers and the FBI were able to identify and expose the hackers responsible for the conduct described today, without unduly intruding into the privacy of the accounts that were stolen. We commend Yahoo and Google for providing exemplary cooperation while zealously protecting their users’ privacy.”

Summary of Allegations

According to the allegations of the Indictment:

The FSB officer defendants, Dmitry Dokuchaev and Igor Sushchin, protected, directed, facilitated and paid criminal hackers to collect information through computer intrusions in the U.S. and elsewhere. In the present case, they worked with co-defendants Alexsey Belan and Karim Baratov to obtain access to the email accounts of thousands of individuals.

Belan had been publicly indicted in September 2012 and June 2013 and was named one of FBI’s Cyber Most Wanted criminals in November 2013. An Interpol Red Notice seeking his immediate detention has been lodged (including with Russia) since July 26, 2013. Belan was arrested in a European country on a request from the U.S. in June 2013, but he was able to escape to Russia before he could be extradited.

Instead of acting on the U.S. government’s Red Notice and detaining Belan after his return, Dokuchaev and Sushchin subsequently used him to gain unauthorized access to Yahoo’s network. In or around November and December 2014, Belan stole a copy of at least a portion of Yahoo’s User Database (UDB), a Yahoo trade secret that contained, among other data, subscriber information including users’ names, recovery email accounts, phone numbers and certain information required to manually create, or “mint,” account authentication web browser “cookies” for more than 500 million Yahoo accounts.

Belan also obtained unauthorized access on behalf of the FSB conspirators to Yahoo’s Account Management Tool (AMT), which was a proprietary means by which Yahoo made and logged changes to user accounts. Belan, Dokuchaev and Sushchin then used the stolen UDB copy and AMT access to locate Yahoo email accounts of interest and to mint cookies for those accounts, enabling the co-conspirators to access at least 6,500 such accounts without authorization.

Some victim accounts were of predictable interest to the FSB, a foreign intelligence and law enforcement service, such as personal accounts belonging to Russian journalists; Russian and U.S. government officials; employees of a prominent Russian cybersecurity company; and numerous employees of other providers whose networks the conspirators sought to exploit. However, other personal accounts belonged to employees of commercial entities, such as a Russian investment banking firm, a French transportation company, U.S. financial services and private equity firms, a Swiss bitcoin wallet and banking firm and a U.S. airline.

 

During the conspiracy, the FSB officers facilitated Belan’s other criminal activities, by providing him with sensitive FSB law enforcement and intelligence information that would have helped him avoid detection by U.S. and other law enforcement agencies outside Russia, including information regarding FSB investigations of computer hacking and FSB techniques for identifying criminal hackers. Additionally, while working with his FSB conspirators to compromise Yahoo’s network and its users, Belan used his access to steal financial information such as gift card and credit card numbers from webmail accounts; to gain access to more than 30 million accounts whose contacts were then stolen to facilitate a spam campaign; and to earn commissions from fraudulently redirecting a subset of Yahoo’s search engine traffic.

 

When Dokuchaev and Sushchin learned that a target of interest had accounts at webmail providers other than Yahoo, including through information obtained as part of the Yahoo intrusion, they tasked their co-conspirator, Baratov, a resident of Canada, with obtaining unauthorized access to more than 80 accounts in exchange for commissions. On March 7, the Department of Justice submitted a provisional arrest warrant to Canadian law enforcement authorities, requesting Baratov’s arrest. On March 14, Baratov was arrested in Canada and the matter is now pending with the Canadian authorities.

 

An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.

 

The FBI, led by the San Francisco Field Office, conducted the investigation that resulted in the charges announced today. The case is being prosecuted by the U.S. Department of Justice National Security Division’s Counterintelligence and Export Control Section and the U.S. Attorney’s Office for the Northern District of California, with support from the Justice Department’s Office of International Affairs.

Defendants: At all times relevant to the charges, the Indictment alleges as follows:

    • Dmitry Aleksandrovich Dokuchaev, 33, was an officer in the FSB Center for Information Security, aka “Center 18.” Dokuchaev was a Russian national and resident.
    • Igor Anatolyevich Sushchin, 43, was an FSB officer, a superior to Dokuchaev within the FSB, and a Russian national and resident. Sushchin was embedded as a purported employee and Head of Information Security at a Russian investment bank.
    • Alexsey Alexseyevich Belan, aka “Magg,” 29, was born in Latvia and is a Russian national and resident. U.S. Federal grand juries have indicted Belan twice before, in 2012 and 2013, for computer fraud and abuse, access device fraud and aggravated identity theft involving three U.S.-based e-commerce companies and the FBI placed Belan on its “Cyber Most Wanted” list.  Belan is currently the subject of a pending “Red Notice” requesting that Interpol member nations (including Russia) arrest him pending extradition. Belan was also one of two criminal hackers named by President Barack Obama on Dec. 29, 2016, pursuant to Executive Order 13694, as a Specially Designated National subject to sanctions.
    • Karim Baratov, aka “Kay,” “Karim Taloverov” and “Karim Akehmet Tokbergenov,” 22. He is a Canadian and Kazakh national and a resident of Canada.

Victims: Yahoo; more than 500 million Yahoo accounts for which account information about was stolen by the defendants; more than 30 million Yahoo accounts for which account contents were accessed without authorization to facilitate a spam campaign; and at least 18 additional users at other webmail providers whose accounts were accessed without authorization.

 

Time Period: As alleged in the Indictment, the conspiracy began at least as early as 2014 and, even though the conspirators lost their access to Yahoo’s networks in September 2016, they continued to utilize information stolen from the intrusion up to and including at least December 2016.

 

Crimes:

Count(s) Defendant(s) Charge Statute                 18 U.S.C. Conduct Maximum Penalty
1 All Conspiring to commit computer fraud and abuse § 1030(b) Defendants conspired to hack into the computers of Yahoo and accounts maintained by Yahoo, Google and other providers to steal information from them.

 

First, Belan gained access to Yahoo’s servers and stole information that allowed him, Dokuchaev, and Sushchin to gain unauthorized access to individual Yahoo user accounts.

Then, Dokuchaev and Sushchin tasked Baratov with gaining access to individual user accounts at Google and other Providers (but not Yahoo) and paid Baratov for providing them with the account passwords. In some instances, Dokuchaev and Sushchin tasked Baratov with targeting accounts that they learned of through access to Yahoo’s UDB and AMT (e.g., Gmail accounts that served as a Yahoo user’s secondary account).

10 years
2 Dokuchaev

Sushchin

Belan

Conspiring to engage in economic espionage § 1831(a)(5) Starting on Nov. 4, 2014, Belan stole, and the defendants thereafter transferred, received and possessed the following Yahoo trade secrets:

  • the Yahoo UDB, which was proprietary and confidential Yahoo technology and information, including subscriber names, secondary accounts, phone numbers, challenge questions and answers;
  • the AMT, Yahoo’s interface to the UDB; and
  • Yahoo’s cookie “minting” source code, which enabled the defendants to manufacture account cookies to then gain access to individual Yahoo user accounts.
15 years
3 Dokuchaev

Sushchin

Belan

Conspiring to engage in theft of trade secrets § 1832(a)(5) See Count 2 10 years
4-6 Dokuchaev

Sushchin

Belan

Economic espionage §§ 1831(a)(1), (a)(4), and 2 See Count 2 15 years (each count)
7-9 Dokuchaev

Sushchin

Belan

Theft of trade secrets §§ 1832(a)(1), and 2 See Count 2 10 years (each count)
10 Dokuchaev

Sushchin

Belan

Conspiring to commit wire fraud § 1349 The defendants fraudulently schemed to gain unauthorized access to Yahoo’s network through compromised Yahoo employee accounts and then used the Yahoo trade secrets to gain unauthorized access to valuable non-public information in individual Yahoo user accounts. 20 years
11-13 Dokuchaev

Sushchin

Belan

Accessing (or attempting to access) a computer without authorization to obtain information for the purpose of commercial advantage and private financial gain. §§ 1030(a)(2)(C), 1030(c)(2)(B)(i)-(iii), and 2 The defendants gained unauthorized access to Yahoo’s corporate network and obtained information regarding Yahoo’s network architecture and the UDB. 5 years

(each count)

14-17 Dokuchaev

Sushchin

Belan

Transmitting code with the intent to cause damage to computers. §§ 1030(a)(5)(A), 1030(c)(4)(B), and 2 During the course of their unauthorized access to Yahoo’s network, the defendants transmitted code on Yahoo’s network in order to maintain a persistent presence, to redirect Yahoo search engine users and to mint cookies for individual Yahoo accounts. 10 years (each count)
18-24 Dokuchaev

Sushchin

Belan

Accessing (or attempting to access) a computer without authorization to obtain information for the purpose of commercial advantage and private financial gain. §§ 1030(a)(2)(C), 1030(c)(2)(B)(i)-(iii), and 2 Defendants obtained unauthorized access to individual Yahoo user accounts. 5 years

(each count)

25-36 Dokuchaev

Sushchin

Belan

Counterfeit access device fraud §§ 1029(a)(1), 1029(b)(1), and 2 Defendants used minted cookies to gain unauthorized access to individual Yahoo user accounts. 10 years (each count)
37 Dokuchaev

Sushchin

Belan

Counterfeit access device making equipment §§ 1029(a)(4) Defendants used software to mint cookies for unauthorized access to individual Yahoo user accounts. 15 years
38 Dokuchaev

Sushchin

Baratov

Conspiring to commit access device fraud §§ 1029(b)(2) Defendants Dokuchaev and Sushchin tasked Baratov with gaining unauthorized access to individual user accounts at Google and other Providers and then paid Baratov for providing them with the account passwords. In some instances, Dokuchaev and Sushchin tasked Baratov with targeting accounts that they learned of through access to Yahoo’s UDB and AMT (e.g., Gmail accounts that served as a Yahoo user’s secondary account). 7 ½ years.
39 Dokuchaev

Sushchin

Baratov

Conspiring to commit wire fraud § 1349 See Count 38 20 years
40-47 Dokuchaev

Baratov

Aggravated identity theft § 1028A(a)(1) See Count 38 2 years

Dmitri Dokuchae et al Indictment Redacted

17-278

National Security Division (NSD)

USAO – California, Northern

Topic:

Counterintelligence and Export Control

Updated March 15, 2017