What the Hell is the Army Thinking? Bergdahl Picked up at Pot Farm

OMG, this man, a deserter got a pass from the Army to go to Mendocino County, California and well there was a raid. Then the Army, yes the Army sent a plane to go get him. WHAT???

US Army confirms to @FoxNews that Bowe Bergdahl was up in Mendocino County at Pot Farm, released back to his command at Fort Sam Houston. 8:10 PM, EST July 23, 2015

Fresh details here.

From NBC, Bay Area:

Bowe Bergdahl — the once-missing U.S. soldier in Afghanistan who was accused of desertion — was spotted hanging out at a Mendocino County marijuana farm during a raid.
According to the The Anderson Valley Advertiser, Bergdahl was an “unexpected visitor” in Mendocino County, where he was visiting old friends when the “local dope team arrived on a marijuana raid.”
Bergdahl arrived Friday at the farm, which is located in a remote part of Redwood Valley.
Bergdahl, who is awaiting military court martial, had an Army pass allowing him to be in Mendocino County, the Advertiser reported, adding he was “not connected to the dope grow in any way.”
The Mendocino Sheriff Department confirmed the report to NBC Bay Area, stressing Bergdahl was not arrested during the raid.
However, the Advertiser reported that military officials were notified and, after “calls all the way up to the Pentagon,” Bergdahl was escorted by military personnel sent to Ukiah. The sheriff told the Advertiser that Bergdahl was “above politeness” and even produced his military ID when people from the house he was visiting were being arrested.
The Sheriff’s Department was able to confirm that Bergdahl was on authorized leave to visit his friends and was not involved with the production of marijuana.
At the request of the Pentagon, Bergdahl was transported to Santa Rosa by the sheriff’s department. An Army major was expected to take him to his duty station near Washington.

As a side note, when Bergdahl as picked up from the Haqqani network, he was stoned then as well.

IRS Against You, They Redact, Encrypt, Lose or Destroy

It is broken, you know that most transparent administration in history. Barack Obama, the ‘not a smidgeon of corruption’ line he used, now blames the Republicans for the corruption within the IRS when he appeared on the Jon Stewart show.

Let us take a look at one incident when the IRS responded to a Freedom of Information Act request.

IRS Encrypts An Entire CD Of Redacted Documents In Response To FOIA Request

from the how-nice-of-them dept

Muckrock has a story of Alex Richardson, seeking information on the IRS’s Whistleblower Office, which has been receiving some scrutiny lately. Richardson filed a bunch of FOIA requests and discovered that the IRS apparently would like to make his life as difficult as possible. First he got an infamous GLOMAR “neither confirm nor deny” response — which was supposed to be limited to national security issues. However, with at least one request, a package with a CD just arrived… and Richardson was dismayed to find the contents of the CD encrypted.
That seems a bit strange for a response to a FOIA request, since whatever is being delivered is supposed to be public, but whatever. The letter accompanying the CD explains, for reasons unknown, that while the IRS was only returning 6 of the 23 pages that had been located, it was doing so with encryption, and it would send the key separately.
Again, this seems like weird operational security for public documents. Now, also, in the response letter, it noted that the reason only 6 pages are included is because the rest were withheld under FOIA exemptions:
So you had to imagine that in those 6 pages, there should at least be some relevant information. Nope. It appears that the IRS went through all that to give a final middle finger to Richardson, because when he finally decrypted the documents… they’re all redacted too. Six pages, entirely blacked out. Which makes you wonder why the other 17 were “withheld” in the first place. What difference could it have made? Original Document (PDF) »

 
Judicial Watch: New Documents Show IRS Used Donor Lists to Target Audits

(Washington, DC) – Judicial Watch announced today that it has obtained documents from the Internal Revenue Service (IRS) that confirm that the IRS used donor lists to tax-exempt organizations to target those donors for audits.  The documents also show IRS officials specifically highlighted how the U.S. Chamber of Commerce may come under “high scrutiny” from the IRS.  The IRS produced the records in a Freedom of Information lawsuit seeking documents about selection of individuals for audit-based application information on donor lists submitted by Tea Party and other 501(c)(4) tax-exempt organizations (Judicial Watch v. Internal Revenue Service (No. 1:15-cv-00220)).

A letter dated September 28, 2010, then-Democrat Senate Finance Committee Chairman Max Baucus (D-MT) informs then-IRS Commissioner Douglas Shulman: “   I request that you and your agency survey major 501(c)(4), (c)(5) and (c)(6) organizations …”  In reply, in a letter dated February 17, 2011, Shulman writes: “In the work plan of the Exempt Organizations Division, we announced that beginning in FY2011, we are increasing our focus on section 501(c)(4), (5) and (6) organizations.”

In 2010, after receiving Baucus’s letter, the IRS considered the issue of auditing donors to 501(c)(4) organizations, alleging that a 35 percent gift tax would be due on donations in excess of $13,000.  The documents show that the IRS wanted to cross-check donor lists from 501(c)(4) organizations against gift tax filings and commence audits against taxpayers based on this information.

A gift tax on contributions to 501(c)(4)’s was considered by most to be a dead letter since the IRS had never enforced the rule after the Supreme Court ruled that such taxes violated the First Amendment.  The documents show that the IRS had not enforced the gift tax since 1982.

But then, in February 2011, at least five donors of an unnamed organization were audited.

The documents show that Crossroads GPS, associated with Republican Karl Rove, was specifically referenced by IRS officials in the context of applying the gift tax.  Seemingly in response to the Crossroads focus, on April 20, IRS attorney Lorraine Gardner emails a 501(c)(4) donor list to former Branch Chief in the IRS’ Office of the Chief Counsel James Hogan. Later, this information is apparently shared with IRS Estate Gift and Policy Manager Lisa Piehl while Gardner seeks “information about any of the donors.”

Emails to and from Lorraine Gardner also suggested bias against the U.S. Chamber of Commerce.  An IRS official (whose name is redacted) emails Gardner on May 13, 2011, a blog post responding to the IRS targeting of political and other activities of 501(c)(4), (5) and (6) organizations:

The U.S. Chamber of Commerce is a 501(c)(6) organization and may find itself under high scrutiny.  One can only hope.

The subject line of the email highlights this anti-Chamber of Commerce comment:  “we are making headlines notice the end regarding 501(c)(6) applicability enjoy.”  This critical comment is forwarded to other IRS officials and shows up attached to another Gardner IRS email chain with the subject line “re: 501(c)(4)” that discusses a pending decision about a tax-exempt entity.

In early May, once the media began reporting on the IRS audits of donors, IRS officials reacted quickly.  One official acknowledges the issue “is a biggy” when a reporter from The New York Times contacts the IRS on May 9.

On May 13, 2011, former IRS Director of Legislative Affairs Floyd Williams discusses compliance with “interest” from Capitol Hill: “Not surprisingly, interest on the hill is picking up on this issue … with Majority Leader Reid’s office, has suggested the possibility of a briefing for the Senate Finance Committee staff on general issues related to section 501(c)(4) organizations I think we should do it as interest is likely to grow as we get closer to elections.”

Later that day, then-Director of the Exempt Organizations Lois Lerner weighs in with an email that confirms that she supported the gift tax audits.  Lerner acknowledges that “the courts have said specifically that contributions to 527 political organizations are not subject to the gift tax–nothing that I’m aware of that about contributions to organizations that are not political organizations.” Section 501(c)(4) organizations are not “political organizations.”  [Emphasis in original]

Lerner’s involvement and support for the new gift tax contradicts the IRS statement to the media at the time that audits were not part of a “broader effort looking at donations 501(c)(4)’s.”  In July 2011, the IRS retreated and soon-to-be Acting IRS Commissioner Steven Miller directed that “examination resources should not be expended on this issue” and that all audits of taxpayers “relating to the application of gift taxes” to 501(c)(4) organizations “should be closed.”

“These documents that we had to force out of the IRS prove that the agency used donor lists to audit supporters of organizations engaged in First Amendment-protected lawful political speech,” said Judicial Watch President Tom Fitton.  “And the snarky comments about the U.S. Chamber of Commerce and the obsession with Karl Rove’s Crossroads GPS show that the IRS was targeting critics of the Obama administration.  President Obama may want to continue to lie about his IRS scandal.  These documents tell the truth – his IRS hated conservatives and was willing to illegally tax and audit citizens to shut down opposition to Barack Obama’s policies and reelection.”

Judicial Watch had filed a separate lawsuit for records about targeting of individuals for audit in November 2013.  In that litigation, the IRS had refused to search any email systems, including Lerner’s records. A federal court ruled the IRS’ search was sufficient and dismissed the lawsuit earlier this month.

In September 2014, another Judicial Watch FOIA lawsuit forced the release of documents detailing that the IRS sought, obtained and maintained the names of donors to Tea Party and other conservative groups. IRS officials acknowledged in these documents that “such information was not needed.” The documents also show that the donor names were being used for a “secret research project.”

The House Ways and Means Committee announced at a May 7, 2014, hearing that, after scores of conservative groups provided donor information “to the IRS, nearly one in ten donors were subject to audit.”  In 2011, as many as five donors to the conservative 501(c)(4) organization Freedom’s Watch were audited, according to the Wall Street Journal. Bradley Blakeman, Freedom’s Watch’s former president, also alleges he was “personally targeted” by the IRS.

In February 2014, then-Chairman of the Ways and Means Committee Dave Camp (R-MI) detailed improper IRS targeting of existing conservative groups:

Additionally, we now know that the IRS targeted not only right-leaning applicants, but also right-leaning groups that were already operating as 501(c)(4)s.  At Washington, DC’s direction, dozens of groups operating as 501(c)(4)s were flagged for IRS surveillance, including monitoring of the groups’ activities, websites and any other publicly available information.  Of these groups, 83 percent were right-leaning.  And of the groups the IRS selected for audit, 100 percent were right-leaning.

 

 

Naturalized Citizens can Omit the Pledge to America Per Obama

What say you America? No requirement of loyalty to the United States of America. ‘We the People OF the United States’ has no meaning anymore.

Under this edict by Barack Obama, El Chapo Guzman and Osama bin Ladin would be accepted as a U.S. citizen. Under this scenario, how does anyone take the oath to join the military?

Obama: New citizens can skip pledge to take up arms and defend the U.S.

Washington Examiner:

U.S. Citizenship and Immigration Services on Tuesday said it will no longer require incoming U.S. citizens to pledge that they will “bear arms on behalf of the United States” or “perform noncombatant service” in the Armed Forces as part of the naturalization process.

Those lines are in the Oath of Allegiance that people recite as they become U.S. citizens. But USCIS said people “may” be able to exclude those phrases for reasons related to religion or if they have a conscientious objection.

USCIS said people with certain religious training or with a “deeply held moral or ethical code” may not have to say the phrases as they are naturalized.

The agency said people don’t have to belong to a specific church or religion to use this exemption, and may attest to U.S. officials administering the oath that they have these beliefs.

USCIS said it would take “feedback” on this policy change through August 4, 2015.

The current naturalization oath reads as follows:

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

 

 

Iran Deal, Deviled Details White House is Avoiding

Iran Inspections in 24 Days? Not Even Close

Hillel Fradkin & Lewis Libby

The Obama administration assures Americans that the Iran deal grants access within 24 days to undeclared but suspected Iranian nuclear sites. But that’s hardly how a recalcitrant Iran is likely to interpret the deal. A close examination of the Joint Comprehensive Plan of Action released by the Obama administration reveals that its terms permit Iran to hold inspectors at bay for months, likely three or more.

Paragraphs 74 to 78 govern the International Atomic Energy Agency’s access to suspect sites. First, the IAEA tells Iran “the basis” of its concerns about a particular location, requesting clarification. At this point Iran will know where the IAEA is headed. Iran then provides the IAEA with “explanations” to resolve IAEA concerns. This stage has no time limit.

Opportunities for delay abound. Iran will presumably want to know what prompted the IAEA’s concern. The suspect site identified by the IAEA is likely to be remote, and Iran will no doubt say that it must gather skilled people and equipment to responsibly allay IAEA concerns. Iran may offer explanations in stages, seeking IAEA clarifications before “completing” its response. That could take a while.

Only if Iran’s “explanations do not resolve the IAEA’s concerns” may the IAEA then “request access” to the suspect site. Oddly, the agreement doesn’t specify who judges whether the explanations resolve concerns. If Iran claims that it has a say in the matter, the process may stall here. Assuming Iran grants that the IAEA can be the judge, might Iran claim that the “great Satan” improperly influenced IAEA conclusions? Let’s assume that Tehran won’t do that.

Now the IAEA must provide written reasons for the request and “make available relevant information.” Let’s assume that even though the IAEA may resist revealing the secret sources or technical means that prompted its suspicions, Iran acknowledges that a proper request has been supplied.

Only then do the supposed 24 days begin to run. First, Iran may propose, and the IAEA must consider, alternative means of resolving concerns. This may take 14 days. Absent satisfactory “arrangements,” a new period begins.

During this period Iran, “in consultation with” the Joint Commission, will “resolve” the IAEA concerns “through necessary means agreed between Iran and the IAEA.” The Joint Commission includes China, France, Germany, Russia, the U.K, the U.S., the European Union and, of course, Iran. Not exactly a wieldy bunch.

The Iranians will likely claim that “consultation” with the Joint Commission doesn’t bind Tehran, just as the U.S. president isn’t bound by consultations with Congress. The agreement says the consultation process will not exceed seven days, but Iran can point out that the nuclear deal doesn’t specify when Iran and the IAEA must reach agreement and “resolve” IAEA concerns.

In the absence of Iran-IAEA agreement, a majority of the Joint Commission has seven days to “advise” on the “necessary means” to resolve the matter. Iran may fairly argue that the commission’s right to “advise” is not the same as a right to “determine” the “necessary means.” Lastly, the agreement provides that “Iran would implement the necessary means within 3 additional days.” But what “necessary means” are these? As noted, the agreement refers to “necessary means agreed between Iran and the IAEA.” So these additional three days don’t even begin until an agreement is reached.

Now what? Well, the U.S. may take a “Dispute” to the Joint Commission, on which Iran sits, which has 15 days to resolve the issue. Parties may or may not invoke a similar 15 days for foreign ministers to act. Parties may also request a nonbinding opinion within 15 days from an advisory board consisting of three members, one appointed by Iran, one by the complaining country and “a third independent member.”

But Iran may argue that nothing in the nuclear deal specifies how quickly a country must appoint its advisory-board member or even how the “independent member” is selected. In short, this stage may take at least 30 days and possibly 45 of consideration at the different levels, but Iran may argue that the last 15 days don’t start until an advisory board has been duly formed. Then we get another five days of Joint Commission deliberation, before a disappointed U.S. or other commission member seeking IAEA inspections can hobble off to the United Nations seeking resolutions reimposing sanctions.

In short, as Iran is free to interpret the agreement, 63 or even 78 days may pass, plus three potentially lengthy periods that Iran can stretch out: One of “explanations” before the clock starts, one to agree on necessary means and “resolve concerns,” and one for advisory-board selection near the end.

So from the moment the IAEA first tips its hand about what it wants to inspect, likely three or more months may pass. All along, the Joint Commission is required to act in “good faith,” and to make only “minimum necessary” requests limited to verification, not “interference.” Tehran could also cite these terms to challenge particular requests.

The description of this process is based on the English-language text of the nuclear agreement. The text lacks a provision that it is the entire agreement, so Iran may claim support in supposed side agreements or statements during negotiations.

Announcing this “comprehensive, long-term” deal, President Obama quoted President Kennedy’s 1961 call for negotiations with the Soviets. Kennedy reached two notable nuclear agreements. Mr. Obama didn’t mention that within a decade of Kennedy’s 1963 Limited Test Ban Treaty, Soviet nuclear forces—once a fraction of America’s—were at parity or had surpassed ours.

During the 1962 Cuban Missile Crisis, Kennedy reached secret agreements—undisclosed to Americans for decades—not to invade Cuba and to withdraw U.S. weapons from Turkey. By invoking Kennedy was President Obama signaling there is more to this “long-term” deal than we know?

He is a subtle man.

True to Form, Obama/Kerry Made a Side Deals with Iran

Shocked?

The IAEA Board of Governors report on Iran and the Nuclear Proliferation Treaty information of May 2015

Text in part from Congressman Pompeo:

Two side deals made between the Islamic Republic of Iran and the IAEA as part of the Joint Comprehensive Plan of Action (JCPOA) will remain secret and will not be shared with other nations, with Congress, or with the public. One agreement covers the inspection of the Parchin military complex, and the second details how the IAEA and Iran will resolve outstanding issues on possible military dimensions of Iran’s nuclear program.

Iran Truth: Congressmen Mike Pompeo of Kansas and Senator Tom Cotton of Arkansas issued a press release today in which they outlined aspects of the Iran deal which are being kept secret from the public and even the U.S. congress which will soon vote on whether or not to approve the deal.

Pompeo and Cotton met with the International Atomic Energy Agency (IAEA) in Vienna on Friday. During this meeting, it was disclosed that two undisclosed side deals are part of the greater agreement between Iran and the IAEA.

The first regards inspections of Iran’s Parchin military complex. The second has to do with the military aspect of Iran’s nuclear program.

From the press release:

“According to the IAEA, the Iran agreement negotiators, including the Obama administration, agreed that the IAEA and Iran would forge separate arrangements to govern the inspection of the Parchin military complex – one of the most secretive military facilities in Iran – and how Iran would satisfy the IAEA’s outstanding questions regarding past weaponization work. Both arrangements will not be vetted by any organization other than Iran and the IAEA, and will not be released even to the nations that negotiated the JCPOA.  This means that the secret arrangements have not been released for public scrutiny and have not been submitted to Congress as part of its legislatively mandated review of the Iran deal.”

The American public has not been given all the facts on the Iran deal, nor has congress. This is not only distressing but a violation:

“Even under the woefully inadequate Iran Nuclear Agreement Review Act, the Obama administration is required to provide the U.S. Congress with all nuclear agreement documents, including all “annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future.”

Both Pompeo and Cotton are U.S. military veterans.  Each of them included a personal statement in the press release:

Pompeo said: “This agreement is the worst of backroom deals. In addition to allowing Iran to keep its nuclear program, missile program, American hostages, and terrorist network, the Obama administration has failed to make public separate side deals that have been struck for the ‘inspection’ of one of the most important nuclear sites—the Parchin military complex. Not only does this violate the Iran Nuclear Agreement Review Act, it is asking Congress to agree to a deal that it cannot review.

“The failure to disclose the content of these side agreements begs the question, ‘What is the Obama administration hiding?’ Even members of Congress who are sympathetic to this deal cannot and must not accept a deal we aren’t even aware of. I urge my colleagues on both sides of the aisle to stand up and demand to see the complete deal.”

Cotton said: “In failing to secure the disclosure of these secret side deals, the Obama administration is asking Congress and the American people to trust, but not verify.  What we cannot do is trust the terror-sponsoring, anti-American, outlaw regime that governs Iran and that has been deceiving the world on its nuclear weapons work for years.  Congress’s evaluation of this deal must be based on hard facts and full information.  That we are only now discovering that parts of this dangerous agreement are being kept secret begs the question of what other elements may also be secret and entirely free from public scrutiny.”