Freed Dealer, Obama Released, Kills 3

Crack Dealer Freed Early Under Obama Plan Murders Woman, 2 Kids

JW: A convicted crack dealer who left prison early as part of the Obama administration’s mass release of federal inmates has been indicted by a grand jury for fatally stabbing his ex-girlfriend and her two kids in Columbus, Ohio. The gory crime drew national attention because the children, ages 7 and 10, were murdered to eliminate them as witnesses in the brutal massacre of their 32-year-old mother.

This week a grand jury in Franklin County returned a 10-count, death-penalty indictment against the ex-con, 35-year-old Wendell Callahan, for the triple murders. Callahan broke into his ex-girlfriend’s apartment and stabbed the three victims, according to a statement issued by Franklin County Prosecutor Ron O’Brien announcing the indictment. The bloody crime scene was discovered by the woman’s current boyfriend, who subsequently engaged in a fight with Callahan before he fled. The indictment includes charges of aggravated murder with prior calculation and design and aggravated murder of victims under the age of 13. “There are multiple charges regarding the three victim deaths because there are different methods to commit the crime of murder and the Prosecutor’s Office typically charges all methods”, O’Brien stated. Callahan is in jail on $3 million bail and is scheduled to be arraigned later this week.

Callahan should have been in jail when the crimes occurred, but he was released four years early because federal sentencing guidelines for crack dealers got reduced. The change is part of President Obama’s effort to reform the nation’s justice system as a way of ending racial discrimination. The initiative was technically launched back in 2010 when the president signed a measure that for the first time in decades relaxed drug-crime sentences he claimed discriminated against poor and minority offenders. This severely weakened a decades-old law enacted during the infamous crack cocaine epidemic that ravaged urban communities nationwide in the 1980s. As part of the movement the U.S. Sentencing Commission lowered maximum sentences for drug offenders and made it retroactive, leading to the early release of thousands of violent thugs like Callahan.

In November the administration began releasing 6,000 drug convicts coined “non-violent” offenders whose sentences were too long under the old guidelines. News reports quickly surfaced contradicting the administration’s assessment that the newly released convicts were not violent. Among them was the leader of a multi-million dollar operation that smuggled drugs from Canada to Maine. Prosecutors refer to the 29-year-old con as a “drug kingpin” who was one of “America’s Most Wanted.” Shortly before the administration’s mass release of drug convicts, federal prosecutors warned that drug trafficking is inherently violent and therefore the phrase “non-violent drug offenders” is a misnomer. The nation’s prosecutors also cautioned that reducing prison sentences for drug offenders will weaken their ability to bring dangerous drug traffickers to justice.

As if it weren’t bad enough that the administration is rewarding thousands of criminals with get-out-of-jail cards, huge amounts of taxpayer dollars are being spent on programs to help them find housing and jobs. In the aftermath of the mass release of federal prisoners Judicial Watch reported on two “re-entry” programs to ease the transition from jail. One received $1.7 million and ordered public housing facilities not to reject tenants with criminal records. The other allocated $20 million to the Department of Labor (DOL) to help ex-cons find work and thus end the “cycle of poverty, criminality and incarceration.”

More here including photos.

Hillary calls for sentencing reform too.

This all began in 2013 between Obama and Eric Holder and Loretta Lynch continues to carry the baton.

U.S. Attorney General Eric Holder has announced a major shift in how the federal government plans to prosecute nonviolent criminals involved in drug crimes, with the aim of easing overcrowding in the nation’s prisons.

Holder outlined several policy changes in a speech to the American Bar Association meeting in San Francisco.

The attorney general said too many Americans go to prison for far too long and for no truly good law enforcement reason.  His main focus was low-level drug crimes that can often bring minimum mandatory sentences of five or 10 years in prison.

Holder says the federal government will now follow the lead of several states that emphasize drug treatment and community service programs as alternatives for non-violent drug offenders who are not associated with criminal gangs or drug cartels.

“Widespread incarceration at the federal, state and local levels is both ineffective and unsustainable,” he said. “It imposes a significant economic burden totalling $80 billion in 2010 alone and it comes with human and moral costs that are impossible to calculate.”

Hey SEALS, Turnover your Weapons

Twisted priorities at the Pentagon, mandated by the White House and congressional budgets, then couple that with waste, fraud and abuse, ladies and gentlemen, our problems are much worse than can be defined.

Just WHOA…

SOCOM investigating Navy SEAL weapons shortages

STRIPES: WASHINGTON — The general in charge of U.S. Special Operations Command said Tuesday that he is looking into claims that Navy SEALs and other elite forces have shortages of key equipment.

Gen. Joseph Votel assured House lawmakers that the command will resolve any problems that it discovers in equipping special operators, such as a lack of service weapons, in preparation for increasingly common missions around the world.

Rep. Duncan Hunter, R-Calif., and other House lawmakers raised the alarm earlier this month on supply shortages in the special operations community, causing soldiers to dip increasingly into their own pockets to purchase basic military gear such as helmets, global positioning devices and medical supplies.

Most concerning, according to Hunter, is SEALs are now asked to hand over their personalized weapons after returning from deployment so they can be handed off to other SEALs who are deploying.

“I look forward to talking to Navy Special Warfare Command about this specific issue and make sure we understand it,” said Votel, who was testifying to members of the House Armed Services Committee. “If there is something that we are contributing to that is impacting the readiness of our operators, we’ll certainly take immediate actions to kind of correct that.”

Votel said the issue might be related to maintenance and the high usage of SEAL weapons.

“These guys do put a lot of rounds through the weapons,” he said. “What we do try to do is ensure with that many rounds going through our weapons that they do have the right level of depot maintenance when they do come back from deployments or long training periods.”

Hunter, who wrote a letter in February to the Navy Special Warfare Command about the concerns, brushed aside the general’s suggestion.

“This is not a factor of too many rounds going through the weapon barrel, and then you just change out the barrel anyway,” Hunter said.

He said the weapons are the most important pieces of equipment for the SEALs. They put time into calibrating their weapons and applying optics and lasers, then are forced to turn them over for reconfiguration.

“I’ve had multiple SEALs at multiple times over the last six months come to me in San Diego … and tell me how things have changed dramatically from five or six years ago, meaning they don’t get weapons now to work up with for two years,” Hunter said. “They get their weapon when a guy comes back and hands over the weapon.”

The military has increased its reliance greatly on special operations forces since 9/11. As such operations hit a high mark, other reports of supply shortages have come up as well.

Last month, the nonprofit group Troops Direct reported the Marine Corps Fleet Anti-Terrorism Security Team deployed to Benghazi, Libya after the embassy attack there and lacked crucial equipment including sniper supplies and batteries.

Meanwhile, troops often have to buy their own medical equipment such as tourniquets, and shell out about $1,000 each for their own helmets or $500 for GPS devices, according to the group.

The shortfalls in SEAL weapons have surfaced, as the Navy Special Warfare Command budget increased by $11 million during the past couple of years, according to Hunter.

Rep. Richard Nugent, R-Fla., a member of the House Armed Services Committee, said he could not understand why the Navy would rotate SEALs’ service weapons and that he wanted answers.

“That’s the [weapon] you sleep with, the one you work with, so I will be interested to hear from Rep. Hunter the answer you come back with,” Nugent told Votel.

****

Lacking basic gear, special operators stuck buying their own equipment

STRIPES: WASHINGTON – Sean Matson, who recently left active-duty as a Navy SEAL, said the military measured his head four times – each time before deployment – with plans to provide him a more advanced ballistic helmet.

But the new helmet never materialized. During a deployment in Africa, Matson and six of his fellow SEALs each shelled out about $900 for updated helmets that held the lights, communications devices and batteries needed for their missions.

“There was never a clear solution to it, so guys were going out spending $800-$900 on their own ballistic helmet,” said Matson, who is now CEO of the military supply company Matbock.

Elite troops such as the SEALs are more and more forced to dip into their own pockets to purchase basic military gear such as helmets, global positioning devices and medical supplies, according to Matson and others involved in the military’s unofficial civilian-side supply network who came to Capitol Hill on Thursday.

House lawmakers have taken notice and said they will request an explanation from Defense Secretary Ash Carter.

“These are the guys we assume have the best gear all the time,” said Rep. Duncan Hunter, R-Calif., a Marine Corps combat veteran.

Hunter said special operations troops have been approaching him in his California district complaining about the inability to get needed materials and he has been investigating the issue.

Numerous individual instances point to a systemic problem in the military’s supply chain but a blind spot exists between Defense Department vendors and the troops who need the gear and supplies, Hunter said.

“It’s been impossible for me to find out how the money is getting stopped and why it is not going down to where it’s supposed to be,” he said.

Aaron Negherbon is the executive director of the nonprofit group Troops Direct, which ships needed and requested supplies – from boot laces to tablet devices — to servicemembers who cannot get it through their commands.

Less than two days after the attack on the U.S. embassy in Benghazi, Libya, Negherbon said he was contacted by the commander of a Marine Corps Fleet Anti-Terrorism Security Team that was being deployed there.

The commander told him the team lacked a variety of crucial equipment, including sniper supplies, he said.

“They came to us for…batteries because they didn’t have any of those … It is kind of like, ‘What the heck is going on?’” Negherbon said.

He said troops often have to buy their own medical equipment such as tourniquets, and shell out about $1,000 each for their own helmets or $500 for a GPS device that they need for duty during a deployment.

“The question is, why can’t you get this?” Negherbon said.

Often the answer seems to be a higher command does not have the money budgeted or the equipment was approved but not available from vendors.

“That is a good thing, we know where the problem is but [those issues] are very profound,” he said.

A small group of House Republican lawmakers gathered Thursday to hear the concerns.

Rep. Adam Kinzinger, R-Ill., an Air Force combat veteran, said the military has to weigh the concerns of supplying needed equipment with the desire of troops to always have the newest gear on the market.

Still, Kinzinger said the shortfalls in the supply chain could become a major issue if deployments ramp up again to the levels seen during the height of the Iraq and Afghanistan wars.

Rep. Chris Gibson, R-N.Y., an Army veteran, said the group should write a letter to Carter, saying they have serious concerns about supply breakdowns, including the inability of Matson and his fellow SEALs to get helmets capable of mounting lights, though the equipment was approved.

“If you’ve got a situation where unit is approved for an Ops-Core [brand ballistic] helmet and it’s not getting it, we need to understand what the problem is … that is unacceptable,” he said.

UK Muslim Brotherhood, Cross/Double-Cross

The Court Telling Texas NO on Barring Refugees

Federal Court Declines to Bar the Resettlement of

Syrian Refugees in Texas

02/26/2016

FAS: In a decision issued on February 8, 2016, a federal district court denied the State of Texas’s request that the federal

government and a private refugee relief organization be temporarily barred from resettling Syrian refugees within the

state pending resolution of Texas’s challenge to such resettlement. Texas had filed this suit in December 2015, after

terrorist attacks in Paris, France and San Bernardino, California, perpetrated by persons with ties or allegiance to the

Islamic State, due to concerns that terrorists could enter the United States through the refugee resettlement program.

The court’s decision focused on the standards that plaintiffs must meet to obtain a preliminary injunction, discussed

below. However, in so doing, the court construed language in Section 412 of the Immigration and Nationality Act

(INA) requiring the federal government to “consult regularly … with State and local governments” about refugee

placement. The court’s reading of this provision could have implications for certain congressional proposals to give

states greater control over refugee resettlement.

Overview of the Court’s Decision

The court denied the preliminary injunction, in part, because it found that Texas had failed to establish a substantial

threat of irreparable injury if the federal government and the private refugee relief organization were allowed to resettle

Syrian refugees in Texas. Such a showing is required for a preliminary injunction, along with a showing that (A) the

party seeking the injunction has a substantial likelihood of success on the merits; (B) the alleged injury, if the injunction

is denied, outweighs any harm that would result if the injunction is granted; and (C) the grant of an injunction will not

disserve the public interest.

In finding that Texas failed to meet its burden of showing irreparable injury, the court noted that the evidence produced

by Texas showed only that “Syrian refugees pose some risk.” Texas did not, in the court’s view, demonstrate that

terrorists have infiltrated the refugee program, or that the particular individuals whose settlement Texas sought to block

are refugees “intent on causing harm.” It thus found the evidence “insufficient” to establish a substantial risk of

irreparable injury. The court similarly rejected Texas’s argument that it was irreparably harmed because the defendants’

failure to provide Texas with detailed information about any refugees settled in Texas deprived Texas of an alleged

statutory right to foreknowledge” of refugees’ backgrounds that had been created by INA §412’s requirement that

federal agencies consult with state and local governments about refugee placement. The court further found that a

clause in Texas’s contract with the relief organization, which purported to establish a presumption of irreparable harm

if the organization were to breach the contract was immaterial, since the clause is not binding on the court and does not,

in itself, justify the “extraordinary relief” of a preliminary injunction.

The court also found that Texas was unlikely to succeed on the merits of its challenge to the refugee resettlement plans

because “it has no viable cause of action” against the federal government. Texas’s argument here had been based, in

part, on its view that the federal government’s actions in resettling refugees in Texas run afoul of INA § 412, which, in

relevant part, provides that federal officials:

shall consult regularly (not less often than quarterly) with State and local government and private nonprofit

voluntary agencies concerning the [refugee] sponsorship process and the intended distribution of refugees among

the States and localities before their placement in those States and localities.

In particular, Texas took the view that this provision, along with the terms of its contract with private relief

organization, required it to receive detailed demographic, medical, security, and other information about individual

refugees before they are resettled in Texas.

The court did not reach the merits of this argument, instead finding that Texas cannot sue to enforce INA § 412 because

this provision does not create a private right of action. The court based this conclusion on Supreme Court precedents

finding that private rights of action to enforce federal law must be created by Congress, and the “judicial task is to

interpret the statute Congress passed to determine whether it displays an intent to create” such a right. In INA § 412,

the court found no such intent since the provisions of this section do not “confer any rights directly on the States.”

Instead, they are framed as a “general … command to a federal agency” to federal officials to consult with their state

counterparts. Such general prohibitions or commands have been seen as insufficient to create private rights of action in

other cases.

Implications of the Court’s Decision

The court’s finding that INA § 412 does not create a private right of action could have implications for certain proposals

in the 114th Congress to give states and localities greater input in the refugee resettlement process. Many proposed bills

would expressly authorize state officials to decline the resettlement of particular refugees within their jurisdictions, a

power which they lack under current law, as discussed in an earlier Sidebar posting. However, some bills take a

different approach and instead require that the federal government give state and local officials certain notices before

placing refugees within their jurisdiction. If Congress wants to ensure that states and localities can enforce such notice

requirements, it may wish to draft the latter type of measures in such a way that the statute can be seen as conferring

rights directly on the states and local governments, rather than imposing general commands on federal agencies. Only if

measures are so drafted would states and localities potentially be able to enforce the notice requirements (and even then

other limits on the federal courts’ jurisdiction could apply, such as the mootness doctrine, if for example, the refugees

are already settled within the state).

 

Pentagon’s Plan to Close Gitmo

Read it and permission granted to shake your head.

DOD Releases Plan to Close GTMO

02/23/2016

FAS: Conceding that “the politics of this are tough,” President Obama announced this morning the release of the Department

of Defense (DoD) plan to close the prison facility at the U.S. Naval Station, Guantanamo Bay, Cuba. The document

reiterates current procedures for transferring detainees to their home countries or other countries abroad, but perhaps

more controversially, promises to “work with Congress to relocate [certain detainees] from the Guantanamo Bay

detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S.

dispositions.” The plan does not specify a particular location within the United States where detainees would be housed

(although it states 13 possible sites have been identified), but emphasizes the Attorney General’s 2014 conclusion that

relocation to the United States would not risk ascribing to transferees additional rights under the U.S. Constitution or

immigration laws. (This analysis, required by section 1039 of the National Defense Authorization Act for FY 2014, is

attached as an appendix to the plan).

Predicting that the closure of the detention facility will save between $140 million and $180 million over FY 2015

operating costs, the plan lays out how the Administration hopes to resolve the disposition of the 91 detainees remaining

at Guantanamo Bay. The U.S. Government, it says, is pursuing three lines of effort:

1. identifying transfer opportunities for detainees designated for transfer;

2. continuing to review the threat posed by those detainees who are not currently eligible for transfer and who are

not currently facing military commission charges; and

3. continuing with ongoing military commissions prosecutions and, for those detainees who remain designated for

continued law of war detention, identifying individualized dispositions where available, including military

commission prosecution, transfer to third countries, foreign prosecutions or, should Congress lift the ban on

transfers to the United States, transfer to the United States for prosecution in Article III courts and to serve

sentences.

The plan acknowledges that current law prohibits the transfer of detainees into the United States. Current legislative

barriers to the transfer of Guantanamo detainees to the United States include two provisions in the 2016 NDAA (P.L.

114-92). Like previous provisions in national defense authorization and appropriations legislation (beginning with

section 14103 of the 2009 Supplemental Appropriations Act (P.L. 111-32)) section 1031 of the 2016 NDAA prohibits

the use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba,

to the United States. This prohibition expires on December 31, 2016. Section 1032, also reiterating prohibitions from

previous years, prohibits until December 31, 2016, the use of funds to construct or modify facilities in the United States

to house detainees transferred from Guantanamo Bay.

These provisions are also carried over in the 2016 Consolidated Appropriations Act (Omnibus) (P.L. 114-113), Division

B, Title V (Commerce, Justice and Science) sections 527 and 528, and Division C, Title VIII (Department of Defense)

sections 8103-8104, except that the prohibitions cover funds appropriated in “this or any other Act.” The transfer

provision is repeated in Division F, Title V (Homeland Security) section 532. Title IV, section 412 of Division J

(Military Construction and Veterans Affairs) repeats the prohibition on building modifications or construction in the

United States to house Guantanamo detainees. Title VI of Division M (Intelligence) repeats the prohibitions with

respect to the Intelligence Community.

The plan appears to be a response to a 2016 NDAA provision that directed DOD to submit a comprehensive detention

strategy, which included such elements as an assessment of possible detention sites within the United States. Some

have criticized the DoD plan as failing to address sufficiently the required elements of the report. Additionally,

although nothing in the DoD plan suggests that the White House is considering using an executive order to bypass the

statutory restrictions and transfer detainees into the United States, it has been suggested that the President has

constitutional authority to close the detention facility despite legislative prohibitions currently in force. Others,

however, disagree, and the Joint Chiefs of Staff have denied in a recent letter to certain Members of Congress that there

is any intent to take actions contrary to statutory restrictions.