Too Damaging to Release, ah Hillary???

Official: Some Clinton emails ‘too damaging’ to release

FNC: EXCLUSIVE: The intelligence community has now deemed some of Hillary Clinton’s emails “too damaging” to national security to release under any circumstances, according to a U.S. government official close to the ongoing review. A second source, who was not authorized to speak on the record, backed up the finding.

The decision to withhold the documents in full, and not provide even a partial release with redactions, further undercuts claims by the State Department and the Clinton campaign that none of the intelligence in the emails was classified when it hit Clinton’s personal server.

Fox News is told the emails include intelligence from “special access programs,” or SAP, which is considered beyond “Top Secret.”A Jan. 14 letter, first reported by Fox News, from intelligence community Inspector General Charles McCullough III notified senior intelligence and foreign relations committee leaders that “several dozen emails containing classified information” were determined to be “at the CONFIDENTIAL, SECRET, AND TOP SECRET/SAP levels.”

The State Department is trying to finish its review and public release of thousands of Clinton emails, as the Democratic presidential primary contests get underway in early February.

Under the Freedom of Information Act, or FOIA, there is an exemption that allows for highly sensitive, and in this case classified, material to be withheld in full — which means nothing would be released in these cases, not even heavily redacted versions, which has been standard practice with the 1,340 such emails made public so far by the State Department.

According to the Justice Department FOIA website, exemption “B3” allows a carve-out for both the CIA and NSA to withhold “operational files.” Similar provisions also apply to other agencies.

Fox News reported Friday that at least one Clinton email contained information identified as “HCS-O,” which is the code for intelligence from human spying.

One source, not authorized to speak on the record, suggested the intelligence agencies are operating on the assumption there are more copies of the Clinton emails out there, and even releasing a partial email would provide enough clues to trace back to the original – which could allow the identification of “special access programs” intelligence.

There was no comment to Fox News from the Office of the Director of National Intelligence, the Office of the Intelligence Community Inspector General, or the agency involved. Fox News has chosen not to identify the agency that provided sworn declarations that intelligence beyond Top Secret was found in the Clinton emails.

Reached for comment by Fox News, a State Department official did not dispute that some emails will never be made public.

We continue to process the next set of former Secretary Clinton’s emails for release under the FOIA process and will have more to say about it later,” the official said. “As always, we take seriously our responsibilities to protect sensitive information.”

The State Department was scheduled to release more Clinton emails Friday, while asking a D.C. federal court for an extension.

FBI investigators looking into the emails are focused on the criminal code pertaining to “gross negligence” in the handling and storage of classified information, and “public corruption.”

“The documents alone in and of themselves set forth a set of compelling, articulable facts that statutes relating to espionage have been violated,” a former senior federal law enforcement officer said. The source said the ongoing investigation along the corruption track “also stems from her tenure of secretary. These charges would be inseparable from the other charges in as much as there is potential for significant overlap and correlation.”

Based on federal regulations, once classified information is spilled onto a personal computer or device, as was the case with Clinton and her aides, the hardware is now considered classified at the highest classification level of the materials received.

While criticized by the Clinton campaign, McCullough, an Obama administration appointee, was relaying the conclusion of two intelligence agencies in his letter to Congress that the information was classified when it hit Clinton’s server — and not his own judgment.

Joseph E. Schmitz, a former inspector general of the Department of Defense, called the attacks on McCullough a “shoot the watchdog” tactic by Clinton’s campaign.

The developments, taken together, show Clinton finding herself once again at the epicenter of a controversy over incomplete records.

During her time as the first female partner at the Rose Law firm in Arkansas during the mid-1980s, she was known as one of the “three amigos” and close with partners Webb Hubbell and Vince Foster. Hubbell ended up a convicted felon for his role in the failure of the corrupt Madison Guaranty, a savings and loan which cost taxpayers more than $65 million. Hubbell embezzled more than a half-million dollars from the firm.

Foster killed himself in Washington, D.C., in July 1993. As Clinton’s partner in the Rose Law firm, he had followed the Clintons into the White House where he served as the Clintons’ personal lawyer and a White House deputy counsel.

Clinton’s missing Rose Law billing records for her work for Guaranty during the mid-1980s were the subject of three intense federal investigations over two years. Those records, in the form of a computerized printout of her work performed on behalf of Guaranty, were discovered under mysterious circumstances in the Book Room of the private White House living quarters.

The discovery of those records was announced during a  blizzard in January 1996 by attorney David Kendall, who still represents Hillary Clinton. After Clinton testified before a grand jury, prosecutors concluded there was insufficient evidence to prove beyond a reasonable doubt she committed perjury or obstruction of justice.

Despite Clinton’s recent public statements about not knowing how the technology works, at least one email suggests she directed a subordinate to work around the rules. In a June 2011 email to aide Jake Sullivan, she instructed him to take what appeared to be classified talking points, and “turn into nonpaper w no identifying heading and send nonsecure.”

A State Department spokesman could not say whether such a fax was sent.

Another Blackberry Lost, Cheryl Mills Worried

Clinton Chief Of Staff Lost Her Personal Blackberry, Which Contained Classified Emails

 Ross/DailyCaller: While working as Hillary Clinton’s chief of staff at the State Department, Cheryl Mills lost her personal Blackberry, on which she sent emails that the State Department has determined contain classified information. Records obtained by The Daily Caller through a Freedom of Information Act lawsuit show Mills revealed that she lost her Blackberry in a March 20, 2010 email she sent to Bryan Pagliano, the State Department IT staffer who managed Clinton’s private email server.
“Somewhere b/w my house and the plane to nyc yesterday my personal bb got misplaced; no on [sic] is answering it thought [sic] I have called,” Mills wrote from her personal email account to the address Pagliano used when he worked on Hillary Clinton’s 2008 presidential campaign.
Other State Department records indicate that Mills’ personal Blackberry appears to have been synced with her Gmail account. Many of the emails she sent from the personal account include footers which show they were sent from a Blackberry powered by AT&T.

Some of the emails Mills sent and received on the account contain information that the State Department has retroactively determined to have classified information.

In one such email, from Dec. 24, 2009, Clinton forwarded Mills a message she had received from Johnnie Carson, then the Assistant Secretary of State for African Affairs, who provided details from a conversation he had with French foreign minister Bernard Kouchner about a situation in Guinea.

“Pls review so we can discuss,” Clinton wrote to Mills and Jake Sullivan, her foreign policy aide.

In a Jan. 14, 2014 email, Rajiv Shah, who was in charge of U.S. Agency for International Development, emailed Clinton and Mills about Haiti. The email is heavily redacted because it contains now-classified information. The State Department has retroactively classified more than 1,300 emails housed on Clinton’s private server, though Clinton and the State Department maintain that the information was not considered classified when it was originated.

It is unclear if Mills recovered her Blackberry after first losing it. Her attorney did not return a request for comment. It is also unclear what other sensitive, government-related information Mills sent on her Blackberry and personal email account to other federal officials.

Blackberry usage by Clinton and her inner circle has been a growing area of focus in the ongoing scandal involving the Democratic presidential candidate’s use of a personal email account and a private server.

The Daily Caller reported earlier this month that in Aug. 2011, a top State Department official offered to provide Clinton with a government-issued Blackberry equipped with a state.gov email account after her personal Blackberry went on the blink. But Clinton aide Huma Abedin rejected the offer, claiming that the idea “doesn’t make a lot of sense.”

And on Monday, Fox News reported a video from 2013 in which Wendy Sherman, who served as Under Secretary of State for Political Affairs under Clinton, admitted that Clinton and other State Department officials frequently used their Blackberries to send information that “would never be on an unclassified system.”

Clinton used only a personal Blackberry throughout her tenure at the State Department. Mills and Abedin used both personal and government-issued Blackberries.

There is some evidence that the State Department was concerned with the use of personal Blackberries separate and apart from the risk posed by losing them.

“I cannot stress too strongly… that any unclassified BlackBerry is highly vulnerable in any setting to remotely and covertly monitoring conversations, retrieving emails, and exploring calendars,” wrote Eric Boswell, then the head of State’s Bureau of Diplomatic Security, in a March 2009 memo.

Boswell also warned that the bureau had intelligence concerning “vulnerability” to Clinton’s Blackberry during her Feb. 9, 2009 trip to China. He also issued a warning about using Blackberries on “Mahogany Row,” the floor that houses the offices of top State Department officials at headquarters in Foggy Bottom.

In Feb. 2014, well before the Clinton email scandal broke, State Department spokeswoman Jen Psaki spoke to the issue using personal digital assistants (PDA) — such as Blackberries — that were not government issued.

“Classified processing and classified conversation on a personal digital assisted device is prohibited,” she told reporters.

 

Cheryl Mills Loses Personal Blackberry

New Technology for Diplomacy, the Blackberry for Wendy/Hillary

Primer: Anyone subpoena the Blackberry call records and meta-data?

Wendy Sherman worked for both the Clinton administration and the Obama administration. Wendy’s early background included: She has formerly worked as a social worker, the director of EMILY’s list, the director of Maryland’s office of child welfare, and the founding president of the Fannie Mae Foundation. During the Clinton Administration, she served as Counselor of the United States Department of State and Special Advisor to the President and Secretary of State and North Korea Policy Coordinator. In the latter role, she was instrumental in negotiations related to North Korea’s nuclear weapon and ballistic missile programs that failed to stop North Koreas nuclear program. She was also the lead negotiator for the Iran nuclear deal. She currently serves as a resident fellow at the Harvard Kennedy School Institute of Politics (IOP). Sherman directed Campaign ’88 for the Democratic National Committee, where she oversaw field and political operations, communications, Congressional relations, constituency operations, issue development and coordination with all federal, state and local campaigns during the 1988 general election. Wendy Sherman was the Clinton administration’s policy coordinator for North Korea. The Clinton Administration had first arrived at the 1994 Agreed Framework under which, North Korea agreed to freeze and dismantle its nuclear weapons program, including its main reactor at Yongbyon (Sherman continues to defend the 1994 deal and her involvement in it, stating that “during the Clinton administration not one ounce of plutonium was added to the North Korean stockpile”). Sherman later headed North Korean negotiation policy until 2001.

Fox: 2013 Video Shows Wendy Sherman Boasting About Clinton Using Blackberry to Send Classified Material

FreeBeacon: Fox News correspondent Ed Henry reported Monday on a 2013 video showing State Department official Wendy Sherman boasting at a private event about Hillary Clinton and her aides sending, as Henry put it, “sensitive information on unclassified systems.”

“Now we have Blackberries, and it has changed the way diplomacy is done,” Sherman says in the 2013 tape. “Things appear on your Blackberries that would never be on an unclassified system, but you’re out traveling. You’re trying to negotiate something.“

Henry said Fox News had exclusively obtained the clip, where Sherman is shown speaking with the American Foreign Service Association.

“Sherman cited the example of Clinton’s September 2011 visit to the United Nations General Assembly, where the then-Secretary of State met with Lady [Catherine] Ashton of the European Union, and they conducted delicate Middle East peace negotiations,” Henry said.

The clip then returned to Sherman in 2013.

“And so they sat there as they were having the meeting with their Blackberries transferring language back and forth, between them and between their aides, to multitask in quite a new fashion,” Sherman said.

Fox reports:

Previous email releases by the State Department of Clinton’s official correspondence show that in September 2011, Clinton aide Jake Sullivan forwarded her an email chain on the Quartet statement.

The State Department considered the correspondence sensitive enough that the department deemed some of those emails to now be classified, and officials redacted details before the emails were released to the public.

The conservative super PAC America Rising declared that under National Archives guidelines, the information deemed classified involves “foreign relations or foreign activities of the United States, including confidential sources,” so it was born classified when the emails were created.

“Despite her numerous protests, evidence continues to grow showing Secretary Clinton knowingly sent and received classified material using her private email,” Jeff Bechdel, communications director for America Rising, said in a written statement. “This new video again puts Clinton on defense, forcing the former Secretary of State to explain why she put U.S. intelligence at risk by exclusively [using] a private email account for government business.”

A Clinton aide would not comment on the video, which was revealed as new Fox News polls showed a tightening race between Clinton and Democratic Sen. Bernie Sanders. Clinton’s once double-digit lead in Iowa has dwindled to just 6 points, while Sanders has opened a 22-point lead in New Hampshire.

Both Iowa and New Hampshire polls showed that a candidate’s trustworthiness topped the qualities Democratic voters look for most in their preferred candidates.

Clinton House of Cards Falling?

The Hill:

It is the beginning of the end of the House of Clinton:

1. There is the stench of political death around Hillary, Bill, Chelsea and the entire House of Clinton.

2. You could feel it when Republican front-runner Donald Trump hit back — hard — over the “penchant for sexism” charge by basically calling Hillary Clinton an enabler in the former president’s sexual shenanigans.

3. When have we ever seen the Clintons back off? But they did.

4. Then came further reports about an expanded FBI probe of her handling of secure information; the nexus of State Department favors for donors to the Clinton Foundation; and the story that Hillary Clinton or her staff might have lied to FBI agents in this probe.

5. All of this has raised the speculation, yet again: Will President Obama stop the Department of Justice (DOJ) from indicting her if the eight-person DOJ team working with over 100 FBI agents recommends criminal charges?

6. The president will be in an odd situation: He ran against the Clintons. He is known to loathe Bill Clinton. He apparently does not want the Clintons back in charge of the Democratic Party (thus removing the thousands of Obama acolytes with cushy patronage jobs).

7. So: If the DOJ recommends an indictment and he K.O.’s it, he will have his own legacy smeared with a permanent taint of having covered up for the Clintons.

8. If he allows an indictment to move ahead, that will be the end of Hillary Clinton’s campaign. Period. She may think she can march on despite charges, but that would be self-delusional. Her campaign will be finished the day charges are filed by Obama’s Justice Department.

9. She can’t claim “politics as usual” or that old “right-wing conspiracy” nonsense as this will be Obama’s Justice Department — not a Republican-controlled entity — bringing these charges.

10. Now, even without an indictment, Hillary Clinton’s fortunes are rapidly sinking.

11. As of today, she is on track to lose both the Iowa caucuses and the New Hampshire primary — to an unelectable 72-year-old Vermont socialist!

12. That tells us how politically weak and out of it the Clinton machine has become.

13. It is no coincidence that Vice President Joe Biden has suddenly resurfaced — first in a Hartford, Conn. TV interview stating that he regrets not running “every day,” and then by softly criticizing Hillary Clinton for not leading on the anti-1 percent front.

14. Biden may very well be warming up in the bullpen for a possible emergency entry into the Democratic field once Clinton is charged and has to withdraw.

15. In the meantime, we see a frantic, panic-stricken Clinton family out on the stump hitting Sen. Bernie Sanders (I-Vt.) on healthcare and guns. But they’re hitting him from the center on healthcare — not the left, where the votes are.

16. They are running national TV ads on guns on MSNBC; there are ads every few minutes. If Team Clinton members think they can turn around her negative trajectory over guns, they are sorely mistaken.

17. Economics is the main issue.

18. And Hillary Clinton is seen as being in the tank for corporate interests, while Sanders has stood up to them. Period. That is the race.

19. The 2016 campaign is a political revolution.

20. The House of Bush is also falling.

21. So is the Establishment of both political parties.

22. Who is more establishment than the Clintons and the Bushes?

23. Who has milked the political system for more money, gigs, access and cushy jobs for cronies than the Clintons and the Bushes?

24. But this is the year that the public is standing up to the status quo.

25. We are witnessing history: the fall of the Houses of Clinton and Bush.

26. Who is rising?

27. The outsiders.

Further reading from a former Hillary senior aide: Admits Bill’s exploitation of women…

Politico: For the better part of the last month, Donald Trump has hit Hillary Clinton for playing the “woman’s card” in her attacks against him, frequently mentioning her husband’s past affairs in an attempt to discredit her argument that she would be champion for women in the White House.

For one of Clinton’s closest senior advisers as first lady, however, those arguments ring hollow.

“Here’s what I think about that: I think what Bill Clinton did in terms of infidelity was absolutely horrible. A shitty thing to do,” Patti Solis Doyle told David Axelrod in the latest episode of his “The Axe Files” podcast for the University of Chicago Institute of Politics, where she is a resident fellow this winter.

Remarking again what a “shitty thing” it was “to do to her,” Solis Doyle emphasized that it was the president, not his wife, who did anything wrong.

“It was awful. You know, many of us thought about quitting after what he did,” she revealed. “But when we thought about it – when I thought about it – I thought, she didn’t do anything. He is the jerk here.”

Solis Doyle surmised at another point that Axelrod was alluding to a comment in private correspondence in which Clinton wrote to a friend that Lewinsky was a “narcisstic loony toon.”

“It’s not like she went on television or said it publicly. She didn’t say anything publicly about any of the… And, you know, as a woman, if my husband were having some sort of extramarital affair with another woman, I’m sure I wouldn’t have very nice things to say about that woman either. I mean, that’s just normal,” she added. “But she never said anything publicly. And I think it’s its own form of sexism to somehow blame the spouse for what the husband did. I think that’s its own form of sexism.”

Solis Doyle advised Clinton during both of her Senate campaigns as well as serving as her campaign manager during her 2008 presidential campaign until a third-place finish in Iowa necessitated a change. She then worked as a senior adviser to Barack Obama’s campaign, serving as Joe Biden’s campaign chief of staff.

This time, while acknowledging that Bill appears to be the Clinton more at ease at rallies and on the rope line, Solis Doyle remarked that she had “no doubt” that her former boss would be the Democratic nominee.

“You know, Bill Clinton, he gets so much energy from the people at his rallies. When he’s working a rope line, you can just see him light up. You know, she’s tired. She gets tired. She does it. She does it dutifully. Is it her most fun thing to do? No. Would she rather be looking at policy and going through legislation and working with a bunch of experts on how to, you know, improve the Affordable Care Act? Absolutely,” Solis Doyle explained. “This is not her favorite thing to do. It’s a mean, you know, to an end, I guess.”

At the same time, she said, Clinton “seems much more comfortable in her skin this time around than she did in 2008 and I think she’s much more comfortable as a candidate.”

“I think she’s much more prepared for the rigors of a campaign. I always think that you learn so much more from losing than from winning,” she continued. “You learn many more lessons from losing a campaign than from winning one. I think that nobody likes an inevitable frontrunner.”

“I was in a discussion today and I quoted the famous Mario Cuomo about campaigning – ‘you campaign in poetry and govern in prose.’ She doesn’t seem all that comfortable with the poetry,” Axelrod mused. “I used to say that President Obama – and I suspect President Clinton as well – was the guy who cracked the book open the night before the exam, you know, and got the A. And she was the one who stayed up all night and did the extra credit.”

Solis Doyle agreed, responding that Clinton “does her homework” and might not be “the most inspirational kid in the class, right?”

“But man, do you want her running the country? Absolutely,” she said. “She has a level of competency that no one else has in this field both on the Republican side and on the Democratic side and in these times – we’re in some very tenuous times – I think you want her there at the helm.”

 

 

The Biggest Silent Lie Yet?

Hillary’s fingerprints are all over this and it is likely the biggest betrayal to the families and the U.S. taxpayers yet. The shame never ends.

EXCLUSIVE: U.S. TAXPAYERS, NOT TEHRAN, COMPENSATED VICTIMS OF IRANIAN ATTACKS AGAINST AMERICANS
BY JONATHAN BRODER

Newsweek: A little-noticed side agreement to the Iran nuclear deal has unexpectedly reopened painful wounds for the families of more than a dozen Americans attacked or held hostage by Iranian proxies in recent decades. U.S. officials, the families say, insisted that Tehran would pay for financing or directing the attacks, but American taxpayers wound up paying instead.


The agreement, which resolved a long-running financial dispute with Iran, involved the return of $400 million in Iranian funds that the U.S. seized after the 1979 Islamic revolution, plus another $1.3 billion in interest. Announced on January 17—the same day the two countries implemented the nuclear deal and carried out a prisoner swap—President Barack Obama presented the side agreement as a bargain for the United States, noting that a claims tribunal in the Hague could have awarded Iran a much larger judgment. “For the United States, this settlement saved us billions of dollars that could have been pursued by Iran,” Obama said.


But for the victims, the side deal is a betrayal, not a bargain. In 2000, the Clinton administration agreed to pay the $400 million to more than a dozen Americans who had won judgments against Iran in U.S. courts. At the time, American officials assured the victims that the Treasury would be reimbursed from the seized Iranian funds. That same year, Congress passed a law empowering the president to get the money from Iran. “We all believed that Iran would pay our damages, not U.S. taxpayers,” says Stephen Flatow, a New Jersey real estate lawyer who received $24 million for the death of his 19-year-old daughter in a 1995 bus bombing in the Gaza Strip. “And now, 15 years later, we find out that they never deducted the money from the account. It makes me nauseous. The Iranians aren’t paying a cent.”
Flatow’s cohorts agree. They include the families and survivors of some of the most high-profile foreign attacks against Americans in recent decades. Among them: five former Beirut hostages whom the Iran-backed Islamist group Hezbollah held for years during the 1980s; the wife of U.S. Marine Colonel William Higgins, whom Hezbollah kidnapped in 1988, before torturing and hanging him; the family of Navy diver Robert Stethem, whom an Iranian-backed group murdered in Beirut during the 1985 hijacking of a TWA airliner; and a family whose daughter was killed in a Hamas bus bombing in Jerusalem in 1996.
Stuart Eizenstat, a deputy Treasury secretary in the Clinton administration who helped negotiate the settlement, admits he never told the victims and their families the truth about the money. Unbeknownst to the victims and their lawyers, he says, Tehran had filed a claim with the U.S.-Iran tribunal in the Hague over the funds. “We didn’t have the full freedom to say we’re just going to take the $400 million because that money was now part of a formal claim,” Eizenstat says.
What’s further angered the victims and their families: A senior Iranian military official now claims the $1.7 billion is effectively a ransom for the five American hostages Tehran released in January. “This money was returned for the freedom of the U.S. spies, and it was not related to the nuclear negotiations,” Brigadier General Mohammad Reza Naqdi said Wednesday, according to the state-run Fars News Agency. The Obama administration denies any link between the prisoners and the $1.7 billion. But Republicans, already fuming over the nuclear deal, are now calling for an inquiry. “It’s bad enough the administration is giving Iran over $100 billion in direct sanctions relief, resumed oil sales and new international trade,” says Republican Senator Mark Kirk of Illinois. “But now it’s using U.S. taxpayer money to pay the world’s biggest state sponsor of terrorism a $1.7 billion ‘settlement.’”
Administration officials are trying to play down the deal, noting it follows a 2000 law that created the compensation mechanism for the victims and their families. One official, speaking on the condition of anonymity in accordance with State Department protocol, says the law only required the U.S. government, acting in place of the victims, to deal with their damage claims “to the satisfaction of the United States, which was the case with this settlement.” A major reason the U.S. was satisfied: The U.S. and Iran disagreed over whether the $400 million should have been placed in an interest-bearing account in 1979. “We reached this settlement on interest,” the official says, “to avoid significant potential exposure we faced at the tribunal on that question.”
But the revelation that Iran never paid the money has hit some of the families hard. They’ve lost the feeling that some measure of justice was served. “I feel like a schnorrer,” says Flatow, using the Yiddish term for a mooch, because U.S. taxpayers, not Iran, paid his damages. Other victims say they’re bothered by the administration’s reluctance to discuss the details of the side deal. It’s brought back memories from 20 years ago, when the victims won their judgments against Iran in U.S. courts, only to find themselves blocked at every turn by the Clinton administration. “There are limited ways to react to your child getting murdered,” says Leonard Eisenfeld, a Connecticut doctor whose son was killed in the 1996 bus bombing in Jerusalem. “Creating a financial deterrent to prevent Iran from more terrorism was one way, but we had to struggle very hard to do that.”
In a series of legal challenges, Clinton administration officials identified $20 million in Iranian assets in America. Among them: Tehran’s Washington embassy and several consulates around the country. But in arguments that sometimes echoed Tehran’s concerns, the officials maintained that attaching those assets to pay even a small portion the victims’ damages would violate U.S. obligations to respect the sovereign immunity of other countries’ diplomatic property.
Though their arguments succeeded in court, the optics were bad. The case caught the attention of the media and Congress, where many lawmakers openly supported the victims. The contours of a settlement began to emerge when lawyers for some of the victims, acting on a tip from a sympathizer inside the administration, located the $400 million in Iranian funds languishing in a foreign military sales (FMS) account at the Treasury. The money came from payments made by the shah for U.S. military equipment that was never delivered after the Iranian leader was overthrown in 1979. After several more clashes with the administration over the funds, first lady Hillary Clinton stepped in at a time when the bitter battles could have hurt her with Jewish voters in her 2000 bid for a New York Senate seat. She persuaded her husband to appoint Jacob Lew, director of the White House Office of Management and Budget, to negotiate a settlement that would utilize the frozen Iranian funds.
That same year, Congress passed the legislation that paved the way for an agreement. The legislation required the Treasury to pay the $400 million in damages and empowered the president to seek reimbursement from Iran. Flatow, who had insisted the payments come directly from the Iranian account, recalls his negotiations with Lew. “I said, ‘Jack, where’s the money coming from? Is it coming from the foreign military sales account?’ And he said, ‘No, Steve. All checks that the United States of America writes come from the United States Treasury. But the statute says that we have the right to offset any payments we make against that FMS money.’ So I said, ‘OK, it’s not what I was hoping for, but it’s a settlement.’ We got paid in 2001. And we all believed that the government would reimburse itself from Iran’s foreign military sales account.”
Lew, now Obama’s Treasury secretary, declined to comment, as did former officials from the George W. Bush administration, which also never reimbursed the Treasury from the Iran weapons account.

In retrospect, Eizenstat, the former deputy Treasury secretary, says it was a mistake to pay the judgments against Iran using U.S. funds with no financial consequences for Tehran. The payments have made Flatow, Eisenfeld and the others the only victims of Iranian attacks to receive compensation. That is expected to change this year now that Congress has established a $1 billion fund to begin paying other notable victims of Iranian attacks, including the Tehran embassy hostages and survivors of the 1983 bombings of the U.S. Embassy and the Marine barracks in Beirut. This time, however, the money for their damage judgments will come not from U.S. taxpayers but from fines collected from a French bank that laundered billions for Iran.
For Flatow and others like him, that’s little consolation. In the agreement, he notes, “there wasn’t a single sentence, not a single word that would ameliorate the pain of people who lost their loved ones. That’s very hurtful.”