Ah, Yahoo has Been Secretly Sweeping Your Emails

Primer: Report: Yahoo hack may have compromised up to 3B accounts

Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence

SAN FRANCISCO (Reuters) – Yahoo Inc last year secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials, according to people familiar with the matter.

The company complied with a classified U.S. government directive, scanning hundreds of millions of Yahoo Mail accounts at the behest of the National Security Agency or FBI, said two former employees and a third person apprised of the events.

Some surveillance experts said this represents the first case to surface of a U.S. Internet company agreeing to a spy agency’s demand by searching all arriving messages, as opposed to examining stored messages or scanning a small number of accounts in real time.

It is not known what information intelligence officials were looking for, only that they wanted Yahoo to search for a set of characters. That could mean a phrase in an email or an attachment, said the sources, who did not want to be identified.

Reuters was unable to determine what data Yahoo may have handed over, if any, and if intelligence officials had approached other email providers besides Yahoo with this kind of request.

Related reading: Verizon is buying Yahoo for $4.8 billion

According to the two former employees, Yahoo Chief Executive Marissa Mayer’s decision to obey the directive roiled some senior executives and led to the June 2015 departure of Chief Information Security Officer Alex Stamos, who now holds the top security job at Facebook Inc.”Yahoo is a law abiding company, and complies with the laws of the United States,” the company said in a brief statement in response to Reuters questions about the demand. Yahoo declined any further comment.

Through a Facebook spokesman, Stamos declined a request for an interview.

The NSA referred questions to the Office of the Director of National Intelligence, which declined to comment.

The demand to search Yahoo Mail accounts came in the form of a classified directive sent to the company’s legal team, according to the three people familiar with the matter.

U.S. phone and Internet companies are known to have handed over bulk customer data to intelligence agencies. But some former government officials and private surveillance experts said they had not previously seen either such a broad directive for real-time Web collection or one that required the creation of a new computer program.

“I’ve never seen that, a wiretap in real time on a ‘selector,'” said Albert Gidari, a lawyer who represented phone and Internet companies on surveillance issues for 20 years before moving to Stanford University this year. A selector refers to a type of search term used to zero in on specific information.

“It would be really difficult for a provider to do that,” he added.

Experts said it was likely that the NSA or FBI had approached other Internet companies with the same demand, since they evidently did not know what email accounts were being used by the target. The NSA usually makes requests for domestic surveillance through the FBI, so it is hard to know which agency is seeking the information.

Reuters was unable to confirm whether the 2015 demand went to other companies, or if any complied.

Alphabet Inc’s Google and Microsoft Corp, two major U.S. email service providers, did not respond to requests for comment.

CHALLENGING THE NSA

Under laws including the 2008 amendments to the Foreign Intelligence Surveillance Act, intelligence agencies can ask U.S. phone and Internet companies to provide customer data to aid foreign intelligence-gathering efforts for a variety of reasons, including prevention of terrorist attacks.

Disclosures by former NSA contractor Edward Snowden and others have exposed the extent of electronic surveillance and led U.S. authorities to modestly scale back some of the programs, in part to protect privacy rights.

Companies including Yahoo have challenged some classified surveillance before the Foreign Intelligence Surveillance Court, a secret tribunal.

Some FISA experts said Yahoo could have tried to fight last year’s directive on at least two grounds: the breadth of the demand and the necessity of writing a special program to search all customers’ emails in transit.

Apple Inc made a similar argument earlier this year when it refused to create a special program to break into an encrypted iPhone used in the 2015 San Bernardino massacre. The FBI dropped the case after it unlocked the phone with the help of a third party, so no precedent was set.

Other FISA experts defended Yahoo’s decision to comply, saying nothing prohibited the surveillance court from ordering a search for a specific term instead of a specific account. So-called “upstream” bulk collection from phone carriers based on content was found to be legal, they said, and the same logic could apply to Web companies’ mail.

As tech companies become better at encrypting data, they are likely to face more such requests from spy agencies.

Former NSA General Counsel Stewart Baker said email providers “have the power to encrypt it all, and with that comes added responsibility to do some of the work that had been done by the intelligence agencies.”

SECRET SIPHONING PROGRAM

Mayer and other executives ultimately decided to comply with the directive last year rather than fight it, in part because they thought they would lose, said the people familiar with the matter.

Yahoo in 2007 had fought a FISA demand that it conduct searches on specific email accounts without a court-approved warrant. Details of the case remain sealed, but a partially redacted published opinion showed Yahoo’s challenge was unsuccessful.

Some Yahoo employees were upset about the decision not to contest the more recent directive and thought the company could have prevailed, the sources said.

They were also upset that Mayer and Yahoo General Counsel Ron Bell did not involve the company’s security team in the process, instead asking Yahoo’s email engineers to write a program to siphon off messages containing the character string the spies sought and store them for remote retrieval, according to the sources.

The sources said the program was discovered by Yahoo’s security team in May 2015, within weeks of its installation. The security team initially thought hackers had broken in.

When Stamos found out that Mayer had authorized the program, he resigned as chief information security officer and told his subordinates that he had been left out of a decision that hurt users’ security, the sources said. Due to a programming flaw, he told them hackers could have accessed the stored emails.

Stamos’s announcement in June 2015 that he had joined Facebook did not mention any problems with Yahoo. (http://bit.ly/2dL003k)

In a separate incident, Yahoo last month said “state-sponsored” hackers had gained access to 500 million customer accounts in 2014. The revelations have brought new scrutiny to Yahoo’s security practices as the company tries to complete a deal to sell its core business to Verizon Communications Inc for $4.8 billion.

(Reporting by Joseph Menn; Editing by Jonathan Weber and Tiffany Wu)

 

Obama Broke the Law Scouting Locations for Gitmo Detainees

 

For the group of detainees who remain designated for continued detention and who are not candidates for U.S. prosecution or detention or transfer to a foreign country, the administration will work with Congress to relocate them from the Guantanamo Bay detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S. dispositions. These individuals would be detained under the Authorization for Use of Military Force (AUMF), P.L. 107-40, as informed by the law of war, and consistent with applicable domestic and international law for such detentions. More here.

Obama Admin Secretly Scouted U.S. Cities to Move Gitmo Terrorists

Administration effort violated U.S. law, lawmakers charge

The Obama administration secretly used taxpayer money to fund an official inspection of several U.S. cities as possible locations to move terrorist inmates held at the Guantanamo Bay prison camp in violation of federal law, the Washington Free Beacon has learned.

The Obama administration ordered the Pentagon to spend U.S. taxpayer funds for a domestic search of “possible Guantanamo detainee relocation” sites, according to documents obtained by the Free Beacon. United States law bars the administration from spending taxpayer money on its effort to move Gitmo inmates onto American soil.

Related reading: Fact sheet on Guantanamo

The disclosure has prompted a congressional inquiry to determine who in the Obama administration ordered the relocation search and how taxpayer funds were authorized for that purpose, according to a formal letter sent by lawmakers to the Defense Department on Monday and obtained by the Free Beacon.

The disclosure of this activity by the Obama administration has renewed concerns on Capitol Hill that the White House will make a last-minute effort to shutter the Gitmo prison and ship the remaining inmates to the United States, despite laws prohibiting the transfers.

Kansas Attorney General Derek Schmidt informed lawmakers in a letter late last month that he had discovered documentation showing the Obama administration spent more than $25,000 to scout potential relocation sites in Fort Leavenworth, Kansas, Charleston, South Carolina, and Florence, Colorado.

Schmidt obtained this information from the Pentagon only after threatening to sue the administration for its refusal to produce documentation on the matter.

“While the amount of money is relatively small—a total of$25,909.53, of which $7,687.20 was spent on the site survey for Fort Leavenworth—the admission raises the concern that the Department of Defense violated the law by knowingly expending these funds while federal law enacted by Congress expressly prohibited the agency from doing so,” Schmidt informed lawmakers in the letter, a copy of which was obtained by the Free Beacon.

The administration’s behavior has raised concerns in Congress that it is secretly planning to relocate detainees to United States cities without informing local officials and residents.

Rep. Mike Pompeo (R., Kansas) told the Free Beacon that Americans should not have the most “hardened terrorists” secretly transferred to their towns by the Obama administration.

“Americans, and particularly Kansans, understand that President Obama’s desire to bring hardened terrorists from Guantanamo Bay to the U.S. would make our country less safe,” Pompeo said. “In completing these site surveys, the Department of Defense followed neither the letter, nor the spirit of American law. I am proud to stand with my colleagues in condemning this illegal action and encouraging all states to pursue appropriate legal action.”

Pompeo, along with fellow Kansas Republican Reps. Lynn Jenkins and Kevin Yoder, are demanding the Pentagon explain its intentions and why it violated U.S. law in its effort to bring Gitmo inmates to America, according to the Monday letter obtained by the Free Beacon.

“Rather than spending zero dollars on site surveys, as mandated by U.S. law, the Department of Defense has spent over $25,000,” the lawmakers wrote. “This is following neither the letter, nor the spirit of the law.”

The lawmakers seek to determine who in the Pentagon authorized the site surveys, when they took place, and how the taxpayer funds were spent, according to the inquiry. The letter also demanded the names of Obama administration officials and outside contractors who participated in the Gitmo relocation sites surveys.

“We stand with our Senate colleagues in condemning this illegal action and encouraging all states to pursue the appropriate legal action in response,” the lawmakers concluded.

Guantanamo Bay inmates who have been released continue to reengage in terrorism. At least two former inmates have participated in terror operations against U.S. forces since January.

The Obama administration continues to pursue an aggressive effort to free as many inmates as possible before leaving office.

****

The Departments of State and Defense, through the offices of the Special Envoys for

Guantanamo Closure, are implementing an engagement strategy for the 35 detainees currently

approved for transfer, focused on engaging with countries that can accept detainees under

conditions that satisfy both our national security requirements (to substantially mitigate the risk

the detainees pose to the United States or U.S. persons or interests) and our humane treatment

standards. In Fiscal Year 2015, the United States transferred 35 detainees from Guantanamo to

ten countries: Afghanistan (4), Estonia (1), Georgia (3), Kazakhstan (5), Morocco (1), Oman

(10), Saudi Arabia (2), Kuwait (1), Slovakia (2), and Uruguay (6). Thus far in Fiscal Year 2016,

the United States has transferred 23 detainees from Guantanamo to nine countries: Mauritania

(1), the United Kingdom (1), the United Arab Emirates (5), Ghana (2), Kuwait (1), Saudi Arabia

(1), Oman (10), Montenegro (1), and Bosnia-Herzegovina (1). The Administration has

commitments from, or is pursuing commitments from, foreign governments that account for the

remaining 35 detainees approved for transfer. Read the closure plan here which was submitted to key members of Congress.

DoJ’s Side Deal to Destroy the Laptops, EmailGate

Note: to destroy ‘both’ laptops.  BREAKING from Catherine Herridge: FBI made side deals with 2 HRC associates to “destroy” their laptops after inspecting them.

The full 3 page letter is here.

 

On Wednesday, September 28, 2016, Director James Comey testified before the House Judiciary Committee at an oversight hearing on the Federal Bureau of Investigation. At the hearing, members of the House Judiciary Committee pressed Director Comey on his recommendation and the Department of Justice’s decision to not prosecute Secretary Clinton for mishandling classified information through private email servers.

Background:
• On July 5, 2016, Director Comey announced that the FBI does not recommend criminal charges against former State Department Secretary Hillary Clinton, even though federal law criminalizes mishandling classified information with “gross negligence.” Following his announcement, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and over 200 members of Congress sent a letter to Director Comey pressing for more information regarding the many questions surrounding his recommendation.

• On July 11, 2016, Chairman Goodlatte and House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-Utah) requested that the Department of Justice open an investigation into whether Secretary Clinton committed perjury and made false statements when testifying under oath before Congress. Contrary to statements she made before the House Select Committee on Benghazi hearing in October 2015, Secretary Clinton sent and received emails that were marked classified at the time; her lawyers did not read each email in her personal account to identify all the work-related messages; she used several different servers and numerous devices to send and receive work-related emails; and she did not provide all of her work-related emails to the Department of Justice.

Hearing Takeaways:
• At the hearing, Director Comey defended the FBI’s conclusion of its investigation into Secretary Clinton, but new information casts serious doubts about whether the decision to not prosecute Hillary Clinton was made impartially.

• For example, Cheryl Mills, chief of staff and counselor to Secretary Clinton at the State Department, was granted immunity for the production of her laptop and was able to be in the room with Secretary Clinton while she was interviewed by the FBI. In all of his years in law enforcement, Director Comey admitted that he had never heard of a potential witness representing a subject of an investigation during an interview with investigators.

• The FBI never considered electronically recording Hillary Clinton’s interview with the FBI despite the fact that the Deputy Attorney General issued a memo to all DOJ components encouraging them to do just that in such situations.

Key Videos:

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) challenges the FBI’s conclusions in the Clinton investigation and presses Director Comey on Congress’ perjury referral and the immunity deals provided to key Clinton advisors:

“Hillary Clinton chose to send and receive Top Secret information over a personal, unsecure computer server housed in her various homes and once reportedly placed in a bathroom closet. These actions, without a doubt, opened these communications to hostile interception by our enemies and those who wish America harm …

“We, as Congress and the American people, are troubled how such gross negligence is not punished, and why there seems to be a different standard for the well-connected.”

Representative Trey Gowdy (R-S.C.), a former federal prosecutor, explains why Secretary Clinton should have been prosecuted:

“Intent is awfully hard to prove. Very rarely do defendants announce ahead of time ‘I intend to commit this crime on this date’ … So you have to prove it by circumstantial evidence. Such as whether or not the person intended to set up an email system outside the State Department; such as whether or not the person knew or should have known that his or her job involved handling classified information; whether or not the person was truthful about using multiple devices….

“The way to prove [intent] is whether or not someone took steps to conceal or destroy what they have done. That is the best evidence you have is that they knew it was wrong, that they lied about it.”

Representative John Ratcliffe (R-Texas) presses Director Comey about why Secretary Clinton was not charged with obstruction of justice:

“I want to make sure the record is clear about the evidence that you did not have [in the investigation]:

The FBI did not have the Clintons’ personal Apple server used for Hillary Clinton’s work emails …
An Apple MacBook laptop and thumb drive that contained Hillary Clinton’s email archives was lost …
Two blackberry devices provided didn’t have SIM cards or SD data cards …
13 Hillary Clinton personal mobile devices were lost, discarded, or destroyed with a hammer …
Various sever backups were deleted over time …
After the State Department, and my colleague Mr. Gowdy here notified Ms. Clinton that her records would be sought by the Benghazi Committee, copies of her emails on laptops of both of her lawyers were wiped clean with BleachBit …
After those emails were subpoenaed, Hillary Clinton’s email archives were also permanently deleted from the Platt River Network with BleachBit …
And also after the subpoena, backups of the Platt River server were manually deleted.

“Collectively this list screams obstruction of justice.”

JASTA Sees its First Lawsuit, this one Against Iran

Post reporter Jason Rezaian and his family file federal lawsuit against Iranian government

Washington Post reporter Jason Rezaian and his family filed a federal lawsuit Monday against the Iranian government, claiming he was taken hostage and psychologically tortured during his 18 months in prison in an effort by Tehran to influence negotiations for a nuclear agreement with Iran.

Related reading: JASTA, Saudi Arabia

The suit, filed in U.S. District Court in the District of Columbia, says Rezaian was targeted for arrest to gain advantage in a prisoner exchange and to “extort” concessions from the U.S. government in the multinational talks over lifting sanctions if Iran agreed to limits on its nuclear program.

Iranian officials repeatedly told Rezaian and his wife, Yeganeh Salehi, who also was detained for more than two months, that Rezaian had “value” as a bargaining chip for a prisoner swap, the suit says. The filing also links key moments in the nuclear negotiations to Rezaian’s treatment in the judicial system, from arrest to conviction to sentencing, and ultimately his release on the day the deal was implemented. “For nearly eighteen months, Iran held and terrorized Jason for the purpose of gaining negotiating leverage and ultimately exchanging him with the United States for something of value to Iran,” the suit states.

Rezaian, his brother, Ali Rezaian, and their mother, Mary Rezaian, are asking for an unspecified sum for damages under the “terrorism exception” to the Foreign Sovereign Immunities Act. That law generally bars U.S. citizens from suing foreign governments in domestic courts, but exceptions are made for terrorist acts, torture or hostage-taking by countries — including Iran — that the State Department has designated as state sponsors of terrorism. The suit accuses Iran of all three.

Rezaian and Salehi, who was born in Iran and married Rezaian there, were arrested on July 22, 2014, by Iranian agents wearing surgical masks who forced their way into their apartment and took them for questioning at Evin Prison, a notorious site for political prisoners. Salehi was freed 71 days later on a $32,000 bail provided by her brother-in-law, Ali.

Rezaian was eventually tried and convicted of espionage and related charges, according to Iranian state media accounts. But the Iranian government has never officially disclosed the specifics of his conviction in a closed-door trial, or the sentence imposed by a judge known for meting out harsh punishments.

The lawsuit provides details of Rezaian’s incarceration that have never been publicly revealed before.

Both Rezaian and Salehi were repeatedly subjected to psychological and physical abuse during lengthy interrogations, the suit says. Their captors at turns threatened to dismember or execute them. Interrogated in isolation and often deprived of sleep, each also was warned that the other might be maimed or executed, and the same fate could befall other family members in Iran, according to the filing.

The ordeal was so intense that Rezaian, Salehi and Rezaian’s brother, Ali, all contemplated suicide, the suit says. Now — almost nine months after Rezaian and four other U.S. citizens were released on the day the nuclear deal was implemented—Salehi, the Rezaian brothers and their mother are still afflicted with trauma and guilt, according to the suit.

“For 544 days, Jason suffered such physical mistreatment and severe psychological abuse in Evin Prison that he will never be the same,” the suit states. “He will require specialized medical and other treatment for the rest of his life.”

Salehi is not a plaintiff in the suit. Nor is The Washington Post. Rezaian is currently on leave from The Post for a year as a Nieman fellow at Harvard University.

“Iran’s unconscionable actions have inflicted deep and lasting wounds on The Washington Post’s Jason Rezaian and his family,” said Executive Editor Martin Baron, who during the reporter’s imprisonment often criticized what he called Iran’s “system of injustice.”

“This legal filing is a stark telling of Iran’s brutal and heartless treatment of an innocent journalist and his wife, and the impact on those who love him. While this legal action is being taken solely by Jason and his family, The Post continues to support the Rezaians through their long and painful recovery.’’

The Rezaian lawsuit is the latest attempt by Americans to have the U.S. justice system provide compensation for harms inflicted by the Iranian government — in particular, by the powerful and hard-line Islamic Revolutionary Guard Corps that fiercely opposed the nuclear deal and has tried to thwart many initiatives of President Hassan Rouhani, a relative pragmatist. The IRGC is named as a co-defendant in the suit.

“This was really one of the few ways they felt they could try to hold Iran publicly accountable,” said David Bowker, Rezaian’s attorney. “Ideally, it will deter this kind of behavior toward other innocent people.”

Rezaian and his family declined to discuss the case, deferring questions to their lawyer.

In a number of suits brought against it over the years, Iran has not responded, resulting in default judgments.

Congress and U.S. courts have provided a legal framework for Americans to sue Iran and be compensated. The State Department has labeled Iran the top state sponsor of terrorism in the world. Also on the list are Sudan and Syria.

In April, the U.S. Supreme Court upheld a law allowing American victims of terrorism and their families to collect almost $2 billion in seized Iranian assets. The case involved relatives of people killed or injured in the 1983 bombing of the U.S. Marine Corps barracks in Beirut. Iran labeled the decision “confiscation” and “theft.”

The closest precedent to Rezaian’s case involves Nik Moradi, an Iranian American who was seized during a family visit in 2007 and accused of spying for the United States. More than six months before his release on bail, he said he was subjected to physical and mental torture during interrogations. In 2013, Moradi and his wife sued Iran in U.S. federal court under the Foreign Sovereign Immunities Act. The couple was awarded $20 million in a default judgment after Iran failed to respond.

One possible venue for securing payment on a judgment is the Victims of State Sponsors of Terrorism Fund, created last year by Congress to compensate the Americans held hostage in Iran during the takeover of the U.S. Embassy in Tehran after the 1979 revolution. It also set aside money for victims with court judgments against state sponsors of terrorism, funded by money from a civil penalty paid by BNP Paribas bank for violating sanctions against Iran, Cuba and Sudan.

The lawsuit provides dark glimpses of Rezaian’s 50 days in solitary in a small, dank, cockroach-infested cell. Anxiety and depression made him hallucinate, as he perceived the walls moving and talking. The cell was constantly lit, and a noisy fan prevented sleep. He slept on the floor, and prison officials eventually gave him tranquilizers to induce sleep. His food sometimes had concrete, rocks, dirt and other inedible objects mixed in.

“During his time in solitary confinement, Jason believed he was losing his mind,” the suit says.

In the initial months of his imprisonment, Rezaian was taken blindfolded several times a day to an underground room for interrogations that lasted hours. He was forced to write down his answers, which prison officials translated into Farsi before trying to coerce him to sign without explaining the translations.

In an effort to get him to confess to espionage, the suit says, one interrogator threatened him with beheading. Another held out the carrot of a video confession as his only chance for freedom.

“They threatened Jason with physical mutilation, such as cutting off his limbs, and repeatedly told Jason that he would never see Yeganeh alive again,” the suit says.

Though Salehi is not a plaintiff, her agony is clear in the dry legalese.

During her detention, Salehi was blindfolded while interrogators hit the table, broke glass and kicked her chair, startling her. One interrogator threatened to cut off her left leg and right hand or arm. They told her they would throw her husband off a cliff if she did not incriminate him.

By the time she was released, her legs would go numb and she sometimes fainted when sitting down. She had to shear off her hair because it was so matted. She had skin lesions. On her infrequent prison visits to see her husband, she sometimes was made to don a prison uniform and told she might be detained again, the suit says. Convinced her husband would die in Evin Prison, she considered killing herself to draw attention to his plight.

Ali Rezaian, who quit his job to work full-time campaigning for his brother’s release, also grew despondent, according to the suit. Iranian agents tailed him when he went to Geneva to appeal for help from the U.N. Human Rights Council and his mother was held against her will in Iran.

“He contemplated suicide in the fall of 2015, having lost faith that his brother would ever be released,” the suit states. “At the time, Ali believed that only by ending his own life could he prompt action by defendants or others, to free Jason.”

Jason Rezaian now experiences depression, sleeplessness, short-term memory loss and other symptoms associated with post-traumatic stress disorder, the suit says. He grows anxious in large crowds, fears for his family’s safety and has grown more “detached” from them. He sees a psychologist.

“Plaintiffs live in constant fear that Iranian agents are spying on them, plotting additional acts of terrorism and planning ways to hurt them and their family members again,” the suit says.

Ann E. Marimow contributed to this report.

Supreme Court Rejects Obama’s Appeal for Re-Hearing

 

Primer: Donald Verrilli, the Department of Justice Solicitor General who argued these cases before the Supreme Court resigned in June. Verrilli successfully defended President Obama’s healthcare plan before the Supreme Court, is joining the Los Angeles law firm of Munger, Tolles & Olson.

Supreme Court declines to hear immigration and Redskins cases

WaPo: The Supreme Court will not reconsider President Obama’s plan to shield undocumented immigrants from deportation and denied the Washington Redskins’ bid to get its trademark case on this term’s docket.

With oral arguments postponed for a day because of the Rosh Hashana Jewish holiday, the first Monday in October that marks the beginning of the new Supreme Court term became a day of rejection. The court issued a thick stack of cases that had accumulated over the summer that the justices decided not to hear.

Among the other losers: the NCAA, which had asked the court to review an appeals court ruling about its policies involving the amateur status of college football and basketball players. The issue remains alive in other court proceedings.

The administration’s request was a longshot bid to salvage what had been the biggest legal defeat of Obama’s presidency. In June, a deadlocked court failed to revive his stalled plan to shield millions of undocumented immigrants from deportation and give them the right to work legally in the United States.

The justices’ votes at the time were not announced, but the court’s liberals and conservatives were split at oral argument last spring. The tie meant that a lower court’s decision that Obama probably exceeded his powers in issuing the executive action kept the plan from being implemented.

The court’s action affected about 4 million illegal immigrants estimated to be covered by Obama’s plan, which would have deferred deportation for those who have been in the country since 2010, have not committed any serious crimes and have family ties to U.S. citizens or others lawfully in the country.

The Supreme Court rarely grants motions for rehearing. But the administration’s lawyers made the request in hopes that by now the vacancy created by the death of Justice Antonin Scalia would be filled.

Instead, Senate Republicans have blocked consideration of Obama’s nominee to the court, appeals court judge Merrick Garland. They say the next president should fill the election-year opening.

This immigration case is the matter where the Judge ordered Department of Justice lawyers to attend an ethics class.

JonathanTurley: United States District Judge Andrew Hanen issued a remarkable opinion yesterday that found that Justice Department lawyers not only lied to him and opposing counsel but “it is hard to imagine a more serious, more calculated plan of unethical conduct.” What is even more remarkable however is that, after finding such calculated and unethical conduct, Hanen ordered the lawyers to simply take ethics classes rather than refer them to the bar for suspension or disbarment. Many attorneys object that government lawyers routinely escape serious punishment for false or misleading statements. In this case, the judge found that the Justice Department misled him and opposing counsel in a case by Texas and 25 other states that sought to block President Barack Obama’s controversial immigration programs. Hansen blocked the program. Notably, the Justice Department is even opposing ethical classes as a sanction.

The government misled the court on when the government would begin implementing one of the programs. The Justice Department team assured the court the government would not start implementing an expansion of a program called the Deferred Action for Childhood Arrivals until February 18, 2015. The court and opposing counsel relied on that date even though the government implemented a part of the program before February and granted over 100,000 applications. Hansen found that the “Justice Department lawyers knew the true facts and misrepresented those facts.”

Apparently, lawyers, somewhere in the halls of the Justice Department whose identities are unknown to this Court, decided unilaterally that the conduct of the DHS in granting three-year DACA renewals . . . was immaterial and irrelevant to this lawsuit and that the DOJ could therefore just ignore it. Then, for whatever reason, the Justice Department trial lawyers appearing in this Court chose not to tell the truth about this DHS activity. The first decision was certainly unsupportable, but the subsequent decision to hide it from the Court was unethical.

In an effort to convey how unethical the Justice Department acted in the case, Hanen even excerpted a portion of the film “Miracle on 34th Street” when a young Tommy Mara Jr. says “Gosh, everybody knows you shouldn’t tell a lie, especially in court.” Judge Hanen noted “There are certain attorneys in the Justice Department who apparently have not received that message.”

Here is the opinion: Immigration Decision.