Category Archives: Industry Jobs Oil Economics

14th Amendment Does Not Give Birthright Citizenship

Posted on by
It is about time that this matter gets full attention and debate.
The most important word is but 2 letters: We the People OF meaning loyalty, honor and duty.

He unabashedly wades into politically dangerous territory and yet continues to be rewarded by favorable poll results. He has clearly tapped into a reserve of public resentment for inside-the-Beltway politics. How far this resentment will carry him is anyone’s guess, but the Republican establishment is worried. His latest proposal to end birthright citizenship has set off alarm bells in the Republican party.

The leadership worries that Trump will derail the party’s plans to appeal to the Latino vote. Establishment Republicans believe that the future of the party depends on being able to capture a larger share of this rapidly expanding electorate. Trump’s plan, however, may appeal to the most rapidly expanding electorate, senior citizens, and may have an even greater appeal to the millions of Republicans who stayed away from the polls in 2012 as well as the ethnic and blue-collar Democrats who crossed party lines to vote Republican in the congressional elections of 2014. All of these voters outnumber any increase in the Latino vote that Republicans could possibly hope to gain from a population that has consistently voted Democratic by a two-thirds majority and shows little inclination to change.

And Nothing Odd About Supporting Such a Reading Critics say that Trump’s plan is unrealistic, that it would require a constitutional amendment because the 14th Amendment mandates birthright citizenship and that the Supreme Court has upheld this requirement ever since its passage in 1868. The critics are wrong. A correct understanding of the intent of the framers of the 14th Amendment and legislation passed by Congress in the late 19th century and in 1923 extending citizenship to American Indians provide ample proof that Congress has constitutional power to define who is within the “jurisdiction of the United States” and therefore eligible for citizenship. Simple legislation passed by Congress and signed by the president would be constitutional under the 14th Amendment.

Birthright citizenship is the policy whereby the children of illegal aliens born within the geographical limits of the U.S. are entitled to American citizenship — and, as Trump says, it is a great magnet for illegal immigration. Many of Trump’s critics believe that this policy is an explicit command of the Constitution, consistent with the British common-law system. This is simply not true. Congress has constitutional power to define who is within the “jurisdiction of the United States” and therefore eligible for citizenship. Although the Constitution of 1787 mentioned citizens, it did not define citizenship. It was in 1868 that a definition of citizenship entered the Constitution with the ratification of the 14th Amendment. Here is the familiar language: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Thus there are two components to American citizenship: birth or naturalization in the U.S. and being subject to the jurisdiction of the U.S.

Today, we somehow have come to believe that anyone born within the geographical limits of the U.S. is automatically subject to its jurisdiction; but this renders the jurisdiction clause utterly superfluous. If this had been the intention of the framers of the 14th Amendment, presumably they would have said simply that all persons born or naturalized in the U.S. are thereby citizens.

Indeed, during debate over the amendment, Senator Jacob Howard, the author of the citizenship clause, attempted to assure skeptical colleagues that the language was not intended to make Indians citizens of the United States. Indians, Howard conceded, were born within the nation’s geographical limits, but he steadfastly maintained that they were not subject to its jurisdiction because they owed allegiance to their tribes and not to the U.S. Senator Lyman Trumbull, chairman of the Senate Judiciary Committee, supported this view, arguing that “subject to the jurisdiction thereof” meant “not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States.”

Jurisdiction understood as allegiance, Senator Howard explained, excludes not only Indians but “persons born in the United States who are foreigners, aliens, [or] who belong to the families of ambassadors or foreign ministers.” Thus, “subject to the jurisdiction” does not simply mean, as is commonly thought today, subject to American laws or courts. It means owing exclusive political allegiance to the U.S. Furthermore, there has never been an explicit holding by the Supreme Court that the children of illegal aliens are automatically accorded birthright citizenship. In the case of Wong Kim Ark (1898) the Court ruled that a child born in the U.S. of legal aliens was entitled to “birthright citizenship” under the 14th Amendment. This was a 5–4 opinion which provoked the dissent of Chief Justice Melville Fuller, who argued that, contrary to the reasoning of the majority’s holding, the 14th Amendment did not in fact adopt the common-law understanding of birthright citizenship.
The framers of the Constitution were, of course, well-versed in the British common law, having learned its essential principles from William Blackstone’s Commentaries on the Laws of England. As such, they knew that the very concept of citizenship was unknown in British common law. Blackstone speaks only of “birthright subjectship” or “birthright allegiance,” never using the terms “citizen” or “citizenship.” The idea of birthright subjectship, as Blackstone admitted, was derived from feudal law. It is the relation of master and servant: All who are born within the protection of the king owed perpetual allegiance as a “debt of gratitude.” According to Blackstone, this debt is “intrinsic” and “cannot be forfeited, cancelled, or altered.” Birthright subjectship under common law is the doctrine of perpetual allegiance. America’s Founders rejected this doctrine. The Declaration of Independence, after all, solemnly proclaims that “the good People of these Colonies . . . are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved.” So, the common law — the feudal doctrine of perpetual allegiance — could not possibly serve as the ground of American citizenship. Indeed, the idea is too preposterous to entertain.
For All GOP Candidates Consider as well that, in 1868, Congress passed the Expatriation Act. This permitted American citizens to renounce their allegiance and alienate their citizenship. This piece of legislation was supported by Senator Howard and other leading architects of the 14th Amendment, and characterized the right of expatriation as “a natural and inherent right of all people, indispensable to the enjoyment of the right of life, liberty and the pursuit of happiness.” Like the idea of citizenship, this right of expatriation is wholly incompatible with the common-law understanding of perpetual allegiance and subjectship. One member of the House expressed the general sense of Congress when he proclaimed: “The old feudal doctrine stated by Blackstone and adopted as part of the common law of England . . . is not only at war with the theory of our institutions, but is equally at war with every principle of justice and of sound public policy.” The notion of birthright citizenship was characterized by another member as an “indefensible doctrine of indefeasible allegiance,” a feudal doctrine wholly at odds with republican government. Nor was this the only legislation concerning birthright citizenship that Congress passed following the ratification of the 14th Amendment. As mentioned above, there was almost unanimous agreement among its framers that the amendment did not extend citizenship to Indians. Although born in the U.S., they were not subject to the jurisdiction of the U.S. Beginning in 1870, however, Congress began to pass legislation offering citizenship to Indians on a tribe-by-tribe basis.
Finally, in 1923, there was a universal offer to all tribes. Any Indian who consented could become a citizen. Thus Congress used its legislative authority under Section Five of the 14th Amendment to determine who was within the jurisdiction of the U.S. It could make a similar determination today, based on this legislative precedent, that children born in the U.S. to illegal aliens are not subject to the jurisdiction of the United States. A constitutional amendment is no more required today than it was in 1923. A nation that cannot determine who becomes citizens or believes that it must allow the children of those who defy its laws to become citizens is no longer a sovereign nation. Legislation to end birthright citizenship has been circulating in Congress since the mid ’90s and such a bill is circulating in both houses today. It will, of course, not pass Congress, and if it did pass it would be vetoed. But if birthright citizenship becomes an election issue and a Republican is elected president, then who knows what the future might hold. It is difficult to imagine that the framers of the 14th Amendment intended to confer the boon of citizenship on the children of illegal aliens when they explicitly denied that boon to Indians who had been born in the United States. Those who defy the laws of the U.S. should not be allowed to confer such an advantage on their children. This would not be visiting the sins of the parents on the children, as is often claimed, since the children of illegal aliens born in the U.S. would not be denied anything to which they otherwise would have a right. Their allegiance should follow that of their parents during their minority. A nation that cannot determine who becomes citizens or believes that it must allow the children of those who defy its laws to become citizens is no longer a sovereign nation. No one is advocating that those who have been granted birthright citizenship be stripped of their citizenship. Equal protection considerations would counsel that citizenship once granted is vested and cannot be revoked; this, I believe, is eminently just. The proposal to end birthright citizenship is prospective only.
Political pundits believe that Trump should not press such divisive issues as immigration and citizenship. It is clear, however, that he has struck a popular chord — and touched an important issue that should be debated no matter how divisive. Both the Republican party and the Democratic party want to avoid the issue because, while both parties advocate some kind of reform, neither party has much interest in curbing illegal immigration: Republicans want cheap and exploitable labor and Democrats want future voters. Who will get the best of the bargain I will leave for others to decide.
*** For more reading and to see who are in this fight…
Further, Jeb Bush was actually correct too when it comes to the Chinese and their operation to gain birthright citizenship.

 

We Are the Government, Here to Help Local Communities

Posted on by

Creepy and shovel ready, kinda sorta…

From the White House:

Here’s How the Federal Government is Working with Local Communities to Create Change, in One Map:

Summary:
Get the facts and data behind the programs the Obama administration has put in place in partnership with the communities they intend to serve, all across the country.

As the Director of the Office of Management and Budget, it’s my job to oversee the implementation and enforcement of the President’s priorities across the Administration.

You might call us the nerve center where goals become initiatives, and initiatives become programs at work on the ground in local communities and states across the country.

With that in mind, let’s go back to basics for a second and focus on something we can all agree on:

Any plans that we want to make for improving communities across the country need to be hatched in partnership with those communities — by the people who live in them, work in them, and stand to benefit from them.

Take a look at the federal programs at work in your area.

This week marks ten years since the neighborhoods of New Orleans were left devastated by Hurricane Katrina. Since then, community partnerships with the federal government have helped revitalize those communities. They’ve made sure the city’s vital health clinic system stays funded and delivering high quality services. They’ve laid the groundwork to open the Loyola Avenue-Union Passenger Terminal Streetcar Line in the city’s business district. They’ve brought the number of homeless veterans in New Orleans to a functional zero by December of 2014 – more than a year ahead of the proposed goal. (Hear straight from a New Orleanian about the role open data played in the city’s transformation.)

There are projects like these at work across the country, whether you realized it or not.

Over the course of the past six years, this Administration has been steadily creating programs in partnership with the communities they intend to serve – from southeastern Kentucky to Fresno to Detroit.

While there are a lot of things we have been up to from addressing climate change to poverty alleviation, we are taking a new approach — one that relies on communities developing plans that best fit their needs rather than the laundry list of programs the government has. It’s pretty simple. First, we partner with communities by seeking out their plans or vision. Second, we take a one-government approach that crosses agency and program silos to support communities in implementing their plans for improvement. Finally we focus on what works, using data to measure success and monitor progress.

Take a look at how local programs have changed New Orleans communities.
Construction and development of the Loyola Avenue-Union Passenger Terminal Streetcar Lines had stalled out, leaving low-income areas underserved for decades. A $45 million TIGER grant ensured the streetcar expansion was completed by 2013, and has connected residential neighborhoods — including low-income communities — directly with Amtrak and intercity bus service.
See how local programs have transformed communities within Fresno, CA.
The plot of land at Belmont and Poplar Avenues was virtually abandoned. AmeriCorps National Civilian Community Corps has since installed water-saving irrigation, cleaned up the alleys, built a community garden, and planted native trees.

 

We wanted to give the American public a sense of exactly what that looks like – and give you the opportunity to take a look at what’s at work in your area. So today, we released a snapshot view of the Obama administration’s community-based initiatives. It combines datasets from initiatives across more than 15 Federal agencies – and we’re adding datasets and features as we continue building it.

Take a look – see what’s at work in your area.

Then, share how you’ve seen these programs at work in your community. If you’ve got a photo, share that with us, too.

From the start, this map has been built in the open, and source code is available on GitHub. We want to know what you think, and how we can improve it – so share your thoughts with us here.

IAEA out of Inspection Money While PMD’s Expand

Posted on by

Cash-Strapped IAEA to Stop Monitoring Iran Next Month?

“Yukiya Amano, head of the UN’s International Atomic Energy Agency (IAEA), announced on Tuesday that his organization’s funds to monitor Iran’s nuclear program will run out next month, indicating a potential road block for last month’s Iran nuclear deal…

The IAEA chief asked member states to fork over more funds to continue the monitoring of the Islamic regime, revealing that the 800,000 euros ($924,000) a month that it has received to this point will run out by the end of September.

Amano detailed the expenses needed in order to monitor Iran until the nuclear deal is implemented – presumably early next year – listing them at 160,000 euros (over $184,000) per month. He added that 9.2 million euros (over $10.5 million) a year will be needed by the IAEA to monitor Iran under the framework of the deal.

The IAEA’s annual budget hit 350 million euros (over $402 million) last year, and according to Amano he will seek to incorporate the costs of monitoring Iran as part of the deal into the IAEA’s regular annual budget starting in 2017.

Aside from the Iran nuclear deal signed between the Islamic regime and world powers, Iran sealed a classified deal with the IAEA on the same day that the US Congress is not being allowed to review.

At least one caveat from those side deals has come out, and according to it Iran will inspect its own covert nuclear facility Parchin…”

Meanwhile…Iran has expanded nuclear sites….

Iran may have built extension at disputed military site: U.N. nuclear watchdog

Reuters: Iran appears to have built an extension to part of its Parchin military site since May, the U.N. nuclear watchdog said in a report on Thursday delving into a major part of its inquiry into possible military dimensions to Tehran’s past atomic activity.

A resolution of the International Atomic Energy Agency’s Parchin file, which includes a demand for fresh IAEA access to the site, is a symbolically important issue that could help make or break Tehran’s July 14 nuclear deal with six world powers.

The confidential IAEA report, obtained by Reuters, said:

“Since (our) previous report (in May), at a particular location at the Parchin site, the agency has continued to observe, through satellite imagery, the presence of vehicles, equipment, and probable construction materials. In addition, a small extension to an existing building appears to have constructed.”

The changes were first observed last month, a senior diplomat familiar with the IAEA investigation said.

The IAEA says any activities Iran has undertaken at Parchin since U.N. inspectors last visited in 2005 could jeopardize its ability to verify Western intelligence suggesting Tehran carried out tests there relevant to nuclear bomb detonations more than a decade ago. Iran has dismissed the intelligence as “fabricated”.

Under a “roadmap” accord Iran reached with the IAEA parallel to its groundbreaking settlement with the global powers, the Islamic Republic is required to give the Vienna-based watchdog enough information about its past nuclear activity to allow it to write a report on the long vexed issue by year-end.

“Full and timely implementation of the relevant parts of the road-map is essential to clarify issues relating to this location at Parchin,” the new IAEA report said.

According to data given to the IAEA by some member states, Parchin might have housed hydrodynamic experiments to assess how specific materials react under high pressure, such as in a nuclear blast.

“We cannot know or speculate what’s in the (extended) building. The building itself is not related to the most interesting building for us … It’s something we will technically clarify over the course of the year,” the senior diplomat said.

GROUNDBREAKING NUCLEAR ACCORD

Under its Vienna accord with the powers, Iran must put verifiable limits on its uranium enrichment program to create confidence it will not be put to developing nuclear bombs, in exchange for a removal of sanctions crippling its oil-based economy. Iran has said it seeks only peaceful nuclear energy.

Iran has for years been stonewalling the IAEA inquiry into possible military dimensions (PMD) to its nuclear project. But the Islamic Republic delivered on a pledge under the roadmap to turn over more information by Aug. 15.

The IAEA report said the agency was still reviewing the PMD information Iran provided. Agency Director-General Yukiya Amano said on Tuesday that the information was substantive but it was too early to say whether any of it was new.

A second diplomat familiar with the Iran file said he did not expect any breakthrough from the documents provided by Iran.

While sticking to its mandate of securing compliance with its non-proliferation mandate, diplomats see the IAEA as being keen not to imperil Iran’s pact with the powers, who tout it as crucial to reducing conflict in the Middle East.

The success of that deal will hinge on IAEA verification of Iranian compliance, but the agency must still issue reports that are technically sound. “It’s a question of how they will reflect this in a more or less elegant way,” a third diplomat said.

The IAEA has come under pressure, especially from U.S. lawmakers who will hold a critical vote next month on whether to ratify the deal between Iran and the powers, for not publishing its roadmap agreement with Tehran.

On that point, the senior diplomat said: “The agency is doing nothing in Iran in this area that it hasn’t been doing or is not doing somewhere else. There are no cutting corners in Iran.”

Amano last week rejected as “a misrepresentation” suggestions from hawkish critics of the nuclear accord that the IAEA had quietly agreed to allow Iran to inspect sections of Parchin on the agency’s behalf.

Hillary’s Pay for Weapons State Department

Posted on by

There is not much we can point to when it comes to tangible and valuable achievements within the Hillary Clinton State Department of 4 years. Perhaps she and her deputies were busy processing orders and depositing checks.

Further, if the world was not so unbalanced and in complete turmoil due to civil wars, terror groups and evacuations of those fleeing their home countries, would countries really need to increase their weapons arsenals? This unto itself is a failure of Barack Obama’s lack of leadership and strategy, that lil miss Hillary exploited.

Too bad she could not find time to approve the Keystone XL pipeline…

Clinton Foundation Donors Got Weapons Deals From Hillary Clinton’s State Department

IBTimes: Even by the standards of arms deals between the United States and Saudi Arabia, this one was enormous. A consortium of American defense contractors led by Boeing would deliver $29 billion worth of advanced fighter jets to the United States’ oil-rich ally in the Middle East.

Israeli officials were agitated, reportedly complaining to the Obama administration that this substantial enhancement to Saudi air power risked disrupting the region’s fragile balance of power. The deal appeared to collide with the State Department’s documented concerns about the repressive policies of the Saudi royal family.

But now, in late 2011, Hillary Clinton’s State Department was formally clearing the sale, asserting that it was in the national interest. At a press conference in Washington to announce the department’s approval, an assistant secretary of state, Andrew Shapiro, declared that the deal had been “a top priority” for Clinton personally. Shapiro, a longtime aide to Clinton since her Senate days, added that the “U.S. Air Force and U.S. Army have excellent relationships in Saudi Arabia.”

These were not the only relationships bridging leaders of the two nations. In the years before Hillary Clinton became secretary of state, the Kingdom of Saudi Arabia contributed at least $10 million to the Clinton Foundation, the philanthropic enterprise she has overseen with her husband, former president Bill Clinton. Just two months before the deal was finalized, Boeing — the defense contractor that manufactures one of the fighter jets the Saudis were especially keen to acquire, the F-15 — contributed $900,000 to the Clinton Foundation, according to a company press release.

The Saudi deal was one of dozens of arms sales approved by Hillary Clinton’s State Department that placed weapons in the hands of governments that had also donated money to the Clinton family philanthropic empire, an International Business Times investigation has found.

Under Clinton’s leadership, the State Department approved $165 billion worth of commercial arms sales to 20 nations whose governments have given money to the Clinton Foundation, according to an IBTimes analysis of State Department and foundation data. That figure — derived from the three full fiscal years of Clinton’s term as Secretary of State (from October 2010 to September 2012) — represented nearly double the value of American arms sales made to the those countries and approved by the State Department during the same period of President George W. Bush’s second term.

The Clinton-led State Department also authorized $151 billion of separate Pentagon-brokered deals for 16 of the countries that donated to the Clinton Foundation, resulting in a 143 percent increase in completed sales to those nations over the same time frame during the Bush administration. These extra sales were part of a broad increase in American military exports that accompanied Obama’s arrival in the White House. The 143 percent increase in U.S. arms sales to Clinton Foundation donors compares to an 80 percent increase in such sales to all countries over the same time period.

American defense contractors also donated to the Clinton Foundation while Hillary Clinton was secretary of state and in some cases made personal payments to Bill Clinton for speaking engagements. Such firms and their subsidiaries were listed as contractors in $163 billion worth of Pentagon-negotiated deals that were authorized by the Clinton State Department between 2009 and 2012.

The State Department formally approved these arms sales even as many of the deals enhanced the military power of countries ruled by authoritarian regimes whose human rights abuses had been criticized by the department. Algeria, Saudi Arabia, Kuwait, the United Arab Emirates, Oman and Qatar all donated to the Clinton Foundation and also gained State Department clearance to buy caches of American-made weapons even as the department singled them out for a range of alleged ills, from corruption to restrictions on civil liberties to violent crackdowns against political opponents.

As secretary of state, Hillary Clinton also accused some of these countries of failing to marshal a serious and sustained campaign to confront terrorism. In a December 2009 State Department cable published by Wikileaks, Clinton complained of “an ongoing challenge to persuade Saudi officials to treat terrorist financing emanating from Saudi Arabia as a strategic priority.” She declared that “Qatar’s overall level of CT cooperation with the U.S. is considered the worst in the region.” She said the Kuwaiti government was “less inclined to take action against Kuwait-based financiers and facilitators plotting attacks.” She noted that “UAE-based donors have provided financial support to a variety of terrorist groups.” All of these countries donated to the Clinton Foundation and received increased weapons export authorizations from the Clinton-run State Department.

Hillary Clinton’s presidential campaign and the Clinton Foundation did not respond to questions from the IBTimes.

In all, governments and corporations involved in the arms deals approved by Clinton’s State Department have delivered between $54 million and $141 million to the Clinton Foundation as well as hundreds of thousands of dollars in payments to the Clinton family, according to foundation and State Department records. The Clinton Foundation publishes only a rough range of individual contributors’ donations, making a more precise accounting impossible.

Click here to get the interactive chart data.

Winning Friends, Influencing Clintons

Under federal law, foreign governments seeking State Department clearance to buy American-made arms are barred from making campaign contributions — a prohibition aimed at preventing foreign interests from using cash to influence national security policy. But nothing prevents them from contributing to a philanthropic foundation controlled by policymakers.

Just before Hillary Clinton became Secretary of State, the Clinton Foundation signed an agreement generally obligating it to disclose to the State Department increases in contributions from its existing foreign government donors and any new foreign government donors. Those increases were to be reviewed by an official at the State Department and “as appropriate” the White House counsel’s office. According to available disclosures, officials at the State Department and White House raised no issues about potential conflicts related to arms sales.

During Hillary Clinton’s 2009 Senate confirmation hearings, Sen. Richard Lugar, R-Ind., urged the Clinton Foundation to “forswear” accepting contributions from governments abroad. “Foreign governments and entities may perceive the Clinton Foundation as a means to gain favor with the secretary of state,” he said. The Clintons did not take Lugar’s advice. In light of the weapons deals flowing to Clinton Foundation donors, advocates for limits on the influence of money on government action now argue that Lugar was prescient in his concerns.

“The word was out to these groups that one of the best ways to gain access and influence with the Clintons was to give to this foundation,” said Meredith McGehee, policy director at the Campaign Legal Center, an advocacy group that seeks to tighten campaign finance disclosure rules. “This shows why having public officials, or even spouses of public officials, connected with these nonprofits is problematic.”

Hillary Clinton’s willingness to allow those with business before the State Department to finance her foundation heightens concerns about how she would manage such relationships as president, said Lawrence Lessig, the director of Harvard University’s Safra Center for Ethics.

“These continuing revelations raise a fundamental question of judgment,” Lessig told IBTimes. “Can it really be that the Clintons didn’t recognize the questions these transactions would raise? And if they did, what does that say about their sense of the appropriate relationship between private gain and public good?”

National security experts assert that the overlap between the list of Clinton Foundation donors and those with business before the the State Department presents a troubling conflict of interest.

While governments and defense contractors may not have made donations to the Clinton Foundation exclusively to influence arms deals, they were clearly “looking to build up deposits in the ‘favor bank’ and to be well thought of,” said Gregory Suchan, a 34-year State Department veteran who helped lead the agency’s oversight of arms transfers under the Bush administration.

As Hillary Clinton presses a campaign for the presidency, she has confronted sustained scrutiny into her family’s personal and philanthropic dealings, along with questions about whether their private business interests have colored her exercise of public authority. As IBTimes previously reported, Clinton switched from opposing an American free trade agreement with Colombia to supporting it after a Canadian energy and mining magnate with interests in that South American country contributed to the Clinton Foundation. IBTimes’ review of the Clintons’ annual financial disclosures also revealed that 13 companies lobbying the State Department paid Bill Clinton $2.5 million in speaking fees while Hillary Clinton headed the agency.

Questions about the nexus of arms sales and Clinton Foundation donors stem from the State Department’s role in reviewing the export of American-made weapons. The agency is charged with both licensing direct commercial sales by U.S. defense contractors to foreign governments and also approving Pentagon-brokered sales to those governments. Those powers are enshrined in a federal law that specifically designates the secretary of state as “responsible for the continuous supervision and general direction of sales” of arms, military hardware and services to foreign countries. In that role, Hillary Clinton was empowered to approve or reject deals for a broad range of reasons, from national security considerations to human rights concerns.

The State Department does not disclose which individual companies are involved in direct commercial sales, but its disclosure documents reveal that countries that donated to the Clinton Foundation saw a combined $75 billion increase in authorized commercial military sales under the three full fiscal years Clinton served, as compared to the first three full fiscal years of Bush’s second term.

The Clinton Foundation has not released an exact timetable of its donations, making it impossible to know whether money from foreign governments and defense contractors came into the organization before or after Hillary Clinton approved weapons deals that involved their interests. But news reports document that at least seven foreign governments that received State Department clearance for American arms did donate to the Clinton Foundation while Hillary Clinton was serving as secretary: Algeria, Oman, Qatar, Kuwait, Thailand, Norway and Australia.

Under a presidential policy directive signed by President Bill Clinton in 1995, the State Department is supposed to specifically take human rights records into account when deciding whether to approve licenses enabling foreign governments to purchase military equipment and services from American companies. Despite this, Hillary Clinton’s State Department increased approvals of such sales to nations that her agency sharply criticized for systematic human rights abuses.

In its 2010 Human Rights Report, Clinton’s State Department inveighed against Algeria’s government for imposing “restrictions on freedom of assembly and association” tolerating “arbitrary killing,” “widespread corruption,” and a “lack of judicial independence.” The report said the Algerian government “used security grounds to constrain freedom of expression and movement.”

That year, the Algerian government donated $500,000 to the Clinton Foundation and its lobbyists met with the State Department officials who oversee enforcement of human rights policies. Clinton’s State Department the next year approved a one-year 70 percent increase in military export authorizations to the country. The increase included authorizations of almost 50,000 items classified as “toxicological agents, including chemical agents, biological agents and associated equipment” after the State Department did not authorize the export of any of such items to Algeria in the prior year.

During Clinton’s tenure, the State Department authorized at least $2.4 billion of direct military hardware and services sales to Algeria — nearly triple such authorizations over the last full fiscal years during the Bush administration. The Clinton Foundation did not disclose Algeria’s donation until this year — a violation of the ethics agreement it entered into with the Obama administration.

The monarchy in Qatar had similarly been chastised by the State Department for a raft of human rights abuses. But that country donated to the Clinton Foundation while Hillary Clinton was running the State Department. During the three full budgetary years of her tenure, Qatar saw a 14-fold increase in State Department authorizations for direct commercial sales of military equipment and services, as compared to the same time period in Bush’s second term. The department also approved the Pentagon’s separate $750 million sale of multi-mission helicopters to Qatar. That deal would additionally employ as contractors three companies that have all supported the Clinton Foundation over the years: United Technologies, Lockheed Martin and General Electric.

Clinton foundation donor countries that the State Department criticized for human rights violations and that received weapons export authorizations did not respond to IBTimes’ questions.

That group of arms manufacturers — along with Clinton Foundation donors Boeing, Honeywell, Hawker Beechcraft and their affiliates — were together listed as contractors in 114 such deals while Clinton was secretary of state. NBC put Chelsea Clinton on its payroll as a network correspondent in November 2011, when it was still 49 percent owned by General Electric. A spokesperson for General Electric did not respond to questions from IBTimes.

The other companies all asserted that their donations had nothing to do with the arms export deals.

“Our contributions have aligned with our longstanding philanthropic commitments,” said Honeywell spokesperson Rob Ferris.

“Even The Appearance Of A Conflict”

During her Senate confirmation proceedings in 2009, Hillary Clinton declared that she and her husband were “committed to ensuring that his work does not present a conflict of interest with the duties of Secretary of State.” She pledged “to protect against even the appearance of a conflict of interest between his work and the duties of the Secretary of State” and said that “in many, if not most cases, it is likely that the Foundation or President Clinton will not pursue an opportunity that presents a conflict.”

Even so, Bill Clinton took in speaking fees reaching $625,000 at events sponsored by entities that were dealing with Hillary Clinton’s State Department on weapons issues.

In 2011, for example, the former president was paid $175,000 by the Kuwait America Foundation to be the guest of honor and keynote speaker at its annual awards gala, which was held at the home of the Kuwaiti ambassador. Ben Affleck spoke at the event, which featured a musical performance by Grammy-award winner Michael Bolton. The gala was emceed by Joe Scarborough and Mika Brzezinski, hosts of MSNBC’s Morning Joe show. Boeing was listed as a sponsor of the event, as were the embassies of the United Arab Emirates, Saudi Arabia, Kuwait and Qatar — the latter two of which had donated to the Clinton Foundation while Hillary Clinton was secretary of state.

The speaking fee from the Kuwait America Foundation to Bill Clinton was paid in the same time frame as a series of deals Hillary Clinton’s State Department was approving between the Kuwaiti government and Boeing. Months before the gala, the Department of Defense announced that Boeing would be the prime contractor on a $693 million deal, cleared by Hillary Clinton’s State Department, to provide the Kuwaiti government with military transport aircraft. A year later, a group sponsored in part by Boeing would pay Bill Clinton another $250,000 speaking fee.

“Boeing has sponsored this major travel event, the Global Business Travel Association, for several years, regardless of its invited speakers,” Gordon Johndroe, a Boeing spokesperson, told IBTimes. Johndroe said Boeing’s support for the Clinton Foundation was “a transparent act of compassion and an investment aimed at aiding the long-term interests and hopes of the Haitian people” following a devastating earthquake.

Boeing was one of three companies that helped deliver money personally to Bill Clinton while benefiting from weapons authorizations issued by Hillary Clinton’s State Department. The others were Lockheed and the financial giant Goldman Sachs.

Lockheed is a member of the American Chamber of Commerce in Egypt, which paid Bill Clinton $250,000 to speak at an event in 2010. Three days before the speech, Hillary Clinton’s State Department approved two weapons export deals in which Lockheed was listed as the prime contractor. Over the course of 2010, Lockheed was a contractor on 17 Pentagon-brokered deals that won approval from the State Department. Lockheed told IBTimes that its support for the Clinton Foundation started in 2010, while Hillary Clinton was secretary of state.

“Lockheed Martin has periodically supported one individual membership in the Clinton Global Initiative since 2010,” said company spokesperson Katherine Trinidad. “Membership benefits included attendance at CGI annual meetings, where we participated in working groups focused on STEM, workforce development and advanced manufacturing.”

In April 2011, Goldman Sachs paid Bill Clinton $200,000 to speak to “approximately 250 high level clients and investors” in New York, according to State Department records obtained by Judicial Watch. Two months later, the State Department approved a $675 million foreign military sale involving Hawker Beechcraft — a company that was then part-owned by Goldman Sachs. As part of the deal, Hawker Beechcraft would provide support to the government of Iraq to maintain a fleet of aircraft used for intelligence, surveillance and reconnaissance missions. Goldman Sachs has also contributed at least $250,000 to the Clinton Foundation, according to donation records.

“There is absolutely no connection among all the points that you have raised regarding our firm,” said Andrew Williams, a spokesperson for Goldman Sachs.

Federal records show that ethics staffers at the State Department approved the payments to Bill Clinton from Goldman Sachs, and the Lockheed- and Boeing-sponsored groups without objection, even though the firms had major stakes in the agency’s weapons export decisions.

Stephen Walt, a Harvard University professor of international affairs, told IBTimes that the intertwining financial relationships between the Clintons, defense contractors and foreign governments seeking weapons approvals is “a vivid example of a very big problem — the degree to which conflicts of interest have become endemic.”

“It has troubled me all along that the Clinton Foundation was not being more scrupulous about who it would take money from and who it wouldn’t,” he said. “American foreign policy is better served if people responsible for it are not even remotely suspected of having these conflicts of interest. When George Marshall was secretary of state, nobody was worried about whether or not he would be distracted by donations to a foundation or to himself. This wasn’t an issue. And that was probably better.”

UPDATE (7:38pm, 5/26/15): In an emailed statement, a spokeswoman for the Taipei Economic and Cultural Representative Office told IBTimes: “Taiwan’s 2003 donation was for the fund to build the Clinton Presidential Library. This was way before Mrs. Clinton was made the U.S. Secretary of State. We have neither knowledge nor comments concerning other issues.”

Dept. of Energy, Fleecing of the Taxpayers

Posted on by

Report: DOE Failed to Catch Solyndra’s Misrepresentations

by Lachlan Markay: Inspector general releases findings of years-long investigation into bankrupt solar company

A years-long investigation into the Department of Energy’s support for the bankrupt solar company Solyndra faults DOE officials, contractors, and the company itself for the department’s eventual loss of hundreds of millions of taxpayer dollars steered to the firm.

The DOE’s inspector general on Wednesday released the results of the investigation. It was undertaken in conjunction with the Department of Justice, which, the report reveals, decided early this year not to pursue any criminal charges in the matter.

Solyndra received a $535 million stimulus-backed DOE loan guarantee as part of the Obama administration’s early push for renewable energy subsidies. The company filed for bankruptcy in 2011 and laid off 1,100 employees, eventually costing taxpayers more than $500 million.

The company became a symbol of opposition to the administration’s green energy subsidy programs. Critics said its investors’ political connections had helped it to obtain taxpayer money despite obvious problems with its business.

Wednesday’s report, from DOE’s inspector general, notes these concerns, but says that the political factors supporting Solyndra’s government assistance were not examined during the investigation.

“While not the focus of the investigation, we were mindful of the concerns that had been raised regarding possible political pressure applied in the Solyndra decision-making process,” the report noted.

“Employees acknowledged that they felt tremendous pressure, in general, to process loan guarantee applications. They suggested the pressure was based on the significant interest in the program from Department leadership, the Administration, Congress, and the applicants.”

The report faults some unnamed DOE officials for failing to account for problems with the company’s business model shortly before it guaranteed financing for its solar panel production.

A week before the closing of Solyndra’s loan, an employee in the DOE’s Loan Programs Office (LPO) noticed a report from another branch of the department, the office of Energy Efficiency and Renewable Energy, that projected a per-watt cost of rooftop solar systems well below what Solyndra charged for its products.

According to the report, the LPO employee sent three emails to superiors noting the troubling data, yet no action was taken and DOE moved ahead with its Solyndra loan guarantee.

“This information should have raised serious questions concerning the viability of Solyndra’s financial model and Solyndra’s corresponding ability to service its debt payments. Instead, it was apparently disregarded,” the report found.

By that point, according to the report, Solyndra was already lying to the department about the company’s financial health: it inflated sales figures and misrepresented the costs of its solar panels to both DOE and engineering and financial contractors hired to assess its loan guarantee application.

The report primarily blames Solyndra for those misrepresentations, but it also faults LPO officials for failing to recognize apparent discrepancies in the information the company was providing.

In the run-up to the closing of its DOE-guaranteed loan, Solyndra assured the White House Office of Management and Budget and the credit rating agency Fitch, hired to assess the company’s financial prospects, that its panels were selling well and fetching a competitive price.

However, just weeks before, the company had provided DOE with a spreadsheet that “if read carefully” would have demonstrated to LPO officials that the company was inflating promises of future contracts and hiding the true costs of its products and that it “internally viewed the sales contracts as broken.”

“It is clear that there were shortcomings in the Department’s due diligence process,” the IG found, but it placed the bulk of the blame on the company itself for providing misleading and at times inaccurate information to department auditors and loan officials.

William Yeatman, a senior fellow and energy policy expert with the Competitive Enterprise Institute, said he was suspicious of IG findings that seemed to absolve the department of responsibility for ensuring the accuracy of information used to support the loan guarantee.

“The report raises more questions than answers,” Yeatman said in an email. “Outwardly, it passes the buck to Solyndra. But if you pay attention to the details, it demonstrates a woeful lack of due diligence by the Energy Department.”

“However, the IG refused to investigate a likely cause of this ineptitude—political pressure, which the report acknowledges was a factor—for whatever reason,” he added.

Since Solyndra’s bankruptcy, two other companies backed by the same loan guarantee program, Fisker Automotive and Abound Solar, have also filed for bankruptcy protection.

A third, Vehicle Production Group, ceased operations and laid off its entire staff in 2013. Another company, AM General, bought up VPG’s remaining assets, and its DOE-backed $50 million loan, for which it paid just $3 million.

Meanwhile:

EPA withholds mine spill documents from Congress

by Tori Richards: A congressional committee blasted the Environmental Protection Agency today for blocking release of documents related to the Gold King mine disaster, which poured deadly chemicals into the largest source of drinking water in the West.

“It is disappointing, but not surprising, that the EPA failed to meet the House Science Committee’s reasonable deadline in turning over documents pertaining to the Gold King Mine spill,” said Rep. Lamar Smith (R-TX). “These documents are essential to the Committee’s ongoing investigation and our upcoming hearing on Sept. 9. But more importantly, this information matters to the many Americans directly affected in western states, who are still waiting for answers from the EPA.”

Smith – who frequently spars with the EPA – is chairman of the House Science, Space, and Technology Committee. EPA director Gina McCarthy has been asked to appear and answer questions about the agency’s role in creating a 3-million-gallon toxic spill into Colorado’s Animas River on Aug. 5. Critics say McCarthy and the EPA have been unresponsive, secretive and unsympathetic toward millions of people who live in three states bordering the river.

For several days, the EPA didn’t notify the states of Utah, New Mexico or the Navajo Nation that the spill was coming their way. McCarthy waited a week before visiting Colorado and even then she refused to tour Silverton, the town nearest the Gold King mine where EPA contractors unleashed the toxic plume into waterways that feed the Colorado River. The agency withheld the name of the contractor working on the project and other details that are generally considered public information. Lastly, the Navajo Nation, which relies on the river for drinking water and farming, received an emergency supply from the EPA in oil-contaminated containers.

Smith also blasted McCarthy for traveling to Japan while controversy over the spill continues to swirl. He criticized President Barack Obama, as well.

“EPA Administrator Gina McCarthy is currently crusading on climate-change action in Japan while President Obama, who has yet to visit the areas affected by the spill, is touring the U.S. to tout EPA’s latest regulation that will do little to impact climate change and will only further burden Americans with higher electric bills,” Smith said.

And it’s not just the public and the media that have been frustrated by the EPA’s inaction.

“Time and again, the EPA has failed to be cooperative, forthright, or reasonable in its dealings with my Committee and with Congress in general,” Smith told Watchdog. “The agency embodies all the dysfunction, misguided priorities, and government overreach that angers so many Americans. The EPA seems to have a clear disregard for the very people it is intended to serve.”

The hearing is scheduled to last just a day and could include testimony from the firm that was contracted to stem the flow of toxic water from several mines above Silverton. Smith said in a statement last week that people affected by the spill continue to deal with limited information and uncertainty.

“As the agency entrusted by the American people to protect the environment and ensure the nation’s waters are clean, the EPA should be held to the highest standard,” Smith said. “The Science Committee needs to hear from the EPA about steps it is taking to repair the damage and to prevent this from ever occurring again.”

One official familiar with the committee but not authorized to speak said House members have been dismayed by an increased number of reports showing either incompetence or flat-out disregard in a variety of situations not limited just to the Animas River spill.

And at least one state senator has started an investigation into allegations that the EPA purposely caused the spill to create a Superfund site – a designation that the tiny town of Silverton has repeatedly rebuffed.

“EPA gets a failing grade from me for pursuing an extreme agenda at the expense of our nation’s economy, American interests, and, in this case, environmental protection,” Smith told Watchdog. “The more I review reports from the spill, the more questions I have about EPA’s faulty processes and failure to communicate with local residents and officials.”