Redacted White House Emails on Net Neutrality

Posted on February 23, 2015February 23, 2015 by Denise Simon

The internet is not broken, what is there to fix?

In part from Vice.com: Congressman Jason Chaffetz, the chairman of the House Committee on Oversight and Government Reform, will chair a hearing Wednesday about whether the White House improperly influenced the independent agency and pressured its chairman, Tom Wheeler, to develop a net neutrality plan that mirrored recommendations President Barack Obama made last November. Obama had called on the FCC to classify broadband as a public utility and adopt open internet rules that would ensure that “neither the cable company nor the phone company will be able to act as a gatekeeper, restricting what you can do or see online.”

The congressional hearing was initiated after Chaffetz reviewed heavily redacted emails and other documents VICE News obtained from the FCC two weeks ago in response to a Freedom of Information Act (FOIA) request; the emails show White House officials and Wheeler communicating about net neutrality. VICE News sought comment from Chaffetz’s office about the email exchanges and shared the documents with him.

In a letter dated February 9 included with the batch of White House emails, Kirk Burgee, the chief of staff for the Wireline Competition Bureau, one of seven FCC bureaus that advises the commission on policy related to wireline telecommunications, said the emails were redacted at the behest of the White House.

Although we have not completed the consultation process with the Department of State, we have completed the consultation process with NTIA [National Telecommunications and Information Administration] and the White House. As a result of that consultation, we are releasing an email exchange among Larry Strickling (Associate Administrator of NTIA), Tom Power (Office of Science and Technology Policy (OSTP), White House), Ross David Edelman (OSTP), and Chairman Wheeler. These records have been redacted pursuant to FOIA exemptions 5 and 6 which are consistent with those recommended by NTIA and the White House. We are also releasing an email exchange between Tom Power and Chairman Wheeler (which includes an email exchange among FCC staff and Chairman Wheeler) and an email exchange between John Podesta and Chairman Wheeler (which includes an email exchange among Jeffrey Zients (Executive Office of the President (EOP), White House), Jason Furman (EOP, White House), and Tom Power). These documents also include redactions under Exemptions 5 and 6 consistent with those recommended by the White House.

Burgee’s letter footnoted two documents to justify the redactions: a January 29 email sent by associate White House counsel Nicholas McQuaid to Joanne Wall at the FCC’s office of general counsel; and a December 31, 2014 letter from Kathy D. Smith, chief counsel, NTIA, US Department of Commerce, to Elizabeth Lyle, the FCC’s assistant general counsel.

*** Going deeper and more that the Congressman is stressing:

In a letter to Wheeler Monday (Feb. 23), who last week declined to testify at a Feb. 25 hearing in the committee on the relationship between the White House and the FCC’s Title II based draft order, chairman Jason Chaffetz (R-Utah) asked him to reconsider the invitation to testify. Chaffetz also said he was still looking for copies of e-mails the committee had asked for by Feb. 6 as part of its investigation into that relationship.

An FCC spokesperson confirmed it had received the letter and was reviewing it, but a source speaking on background said that the document request was a very large one and that the FCC had asked for more time to produce the documents and was in the process of negotiating wiht the committee for that extra time.

Chaffetz echoed calls earlier in the day by FCC Republicans Ajit Pai and Michael O’Rielly for the chairman to delay the planned Feb. 26 vote on the new rules and publish the language of the draft to give the public more time to weigh in (Wheeler had countered that call by the minority commissioners in a tweet, saying that with 4 million-plus comments on new network neutrality rules, it was time to act).

Chaffetz pointed out that back in 2007, Senator Obama had asked Republican FCC chairman Kevin Martin to hold off on a vote on proposed media ownership rule changes until he had put out any changes in a public notice. Chaffetz noted that in a letter to Martin, Sen. Obama had said that “the commission has the responsibility to defend any new proposal in public discourse and debate.” Chaffetz also pointed out that the senator co-sponsored a bill to block a commission vote on the rulemaking “pursuant to a 90-day comment period.”

Martin responded by releasing the changes and opened a four-week comment period, the congressman pointed out, but only after it had conducted many public hearings and published the changes and provided for comment, he said.

What is sauce for the senator is sauce for the President, Chaffetz suggested. “The current drafting and scheduled vote on net neutrality rules has afforded none of these opportunities for public airing and only raised concerns regarding the process,” Chaffetz said

Mall of America Under Terror Threat

Posted on February 23, 2015February 23, 2015 by Denise Simon

A new video from Al Shabaab purportedly shows the terror group calling for an attack on Mall of America, in Bloomington, Minn.

According to Fox 9, the mall is one of three similar targets the terror group specifically names, including West Edmonton Mall in Canada and the Oxford Street shopping area in London.

The video purportedly shows 6 minutes of graphic images and the terrorists celebrating the 2013 Westgate Mall attack in Nairobi, Kenya, that killed more than 60 people.

The narrator, his face wrapped in a black-and-white kaffiyeh-type scarf and wearing a camouflage jacket, spoke with a British accent and appeared to be of Somali origin. He accused Kenyan troops in Somalia of committing abuses against Somali Muslims.

He ended the video by calling on Muslim men to attack other shopping malls in Western countries. ***

To be an armed shopper or no? The Mall has signs that say NO.

Minnesota state Rep. Tony Cornish says the al-Shabaab threat against the Mall of America should be enough to motivate mall owners to drop their “no guns” policy so citizens can protect themselves.

Mr. Cornish, a Republican who also chairs the House Public Safety Committee, said the Mall of America has interpreted state concealed carry laws incorrectly, and he’s intent on challenging them for it, a local CBS affiliate reported.

“This is completely ridiculous. The complete opposite of what they should be doing,” he said. “If we’re threatened with an attack, the last thing you want to do is disarm citizens.”

The Republican’s comments come after a tweet sent from the Mall of America’s Twitter account said, “The mall bans all guns from the premises, you’ll note this clearly at each entrance door.” *** So how did we get to this condition in Minnesota? ***

(CNSNews.com) – The sheriff of Hennepin County, Minn., told the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security on Wednesday about the threat of Somali gangs in his jurisdiction.

“I have been asked to testify today about the specific emergence of Somali gang-related issues we are having in my county,” Rich Stanek said in his prepared testimony.

Stanek represented the National Sheriffs’ Association at the hearing on “America’s Evolving Gang Threat.” He also serves on the U.S. Department of Homeland Security’s inter-agency Threat Assessment and Coordination Group and is president of the Major County Sheriffs’ Association.

Stanek said Minnesota is a “designated U.S. Refugee Resettlement Area,” with a Somali population ranging from 80,000 to 125,000 in the state. As a result, Stanek said, while the African population in the U.S. as a whole is about four percent, 18 percent of the Minnesota population is African because of the large Somali presence.

Stanek said he wanted to “state for the record” that most Somalis are “law-abiding citizens” who contribute to the community, but those who have joined gangs are committing crimes across the state.

“Somali gangs are unique in that they are not necessarily based on the narcotics trade as are other traditional gangs,” Stanek said, adding that “turf” is also not a motivating factor in Somali gang criminal activities.

“Gang members will often congregate in certain areas, but commit their criminal acts elsewhere,” Stanek said. “Criminal acts are often done in a wide geographic area that stretches outside of the Twin Cities seven county metro area.

“Their mobility has made them difficult to track,” Stanek said.

Stanek listed five “typical crimes” committed by Somali gang members, including credit card fraud, cell phone and gun store burglaries, and witness intimidation. The fifth type of criminal activity is tied to international terrorism, Stanek said.

“In 2007, the local Somali community started to report that some of the youth in the area had essentially disappeared without warning,” Stanek said. “It was later learned that 20 young men had left Minneapolis to travel to Somalia to receive training and fight as members of al- Shabaab. “One individual had moved to Minneapolis as a teenager in 1993,” Stanek said. Following a shoplifting arrest, he fell into the violent street gang called the ‘Somali Hot Boyz.’ After a short period of time, he emerged as a recruiter for al-Shabaab, which eventually led him to leave Minneapolis for the Horn of Africa in 2008.

“Later, it was learned this individual was killed in fighting between al-Shabaab and Somali government forces,” Stanek said.

“We are clearly faced with a challenge that requires an innovative approach including new investigative tools and focused resources,” Stanek said.

According to the Health and Human Services’ Administration for Children and Families’ Office of Refugee and Resettlement, refugee programs and resettlement sites exist in 49 states and the District of Columbia and are operated through partnerships between the federal government and faith-based and other non-governmental refugee support organizations in those states and the District.

A spokesperson for the office told CNSNews.com that the United States admits on average about 70,000 refugees a year, with each required to be designated as individuals who face danger in their homeland. Every refugee has to be cleared by the Department of Homeland Security before being allowed to resettle in the United States, the spokesperson said.

A wide range of considerations about where to relocate individuals is considered, including family ties, language and available resources, the spokesperson said. But once they are living in the United States, refugees are free to live anywhere in the country.

Rep. James Sensenbrenner (R-Wis.), chairman of the subcommittee, opened the hearing with statistics on the gang threat in the United States.

“According to the 2011 National Gang Threat Assessment there are approximately 1.4 million gang members belonging to more than 33,000 gangs in the United States,” Sensenbrenner said. “It has been reported that the number of gang members in the U.S. has increased by 40 percent since 2009.”

Tucson Military Recruiters Ran Cocaine

Posted on February 23, 2015February 23, 2015 by Denise Simon

Back in 2002 there was an FBI sting mission called Operation Lively Green. There are some real additional questions that need to be asked given the sentencing imposed below. Here is a condition that goes unknown or forgotten.

A small number of undocumented immigrants in the U.S. will have an opportunity to join the military for the first time in decades under a new Department of Defense policy unveiled Thursday.

The new rules will expand an existing program allowing recruiters to target foreign nationals with high-demand skills, mostly rare foreign language expertise or specialized health care training.

For the first time, the program — known as Military Accessions in the National Interest, or MAVNI — will be open to immigrants without a proper visa if they came to the U.S. with their parents before age 16. More specifically, they must be approved under a 2012 Obama administration policy known as Deferred Action for Child Arrivals, or DACA.

The new Pentagon policy may be the first phase of a broader government-wide effort to ease pressure on immigrants and create new paths to citizenship. President Barack Obama, frustrated with the failure of Congress to pass any substantial immigration reform, has vowed to aggressively use his presidential authority to change the way immigration policies are carried out.

The Pentagon program is capped at 1,500 recruits per year. Officials say it’s unclear how many of those might be unlawful DACA status immigrants as opposed to others who are also eligible for military service under MAVNI, including those with legal, nonpermanent visas such as students or tourists.

WASHINGTON—A former member of the Arizona Army National Guard was sentenced today to 52 months in prison for his role in a scheme to accept bribes from purported drug traffickers in exchange for using his military position to protect shipments of cocaine during transportation, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.

Raul Portillo, 42, of Phoenix, Arizona, pleaded guilty on Nov. 21, 2014, to one count of conspiracy to commit bribery and interfere with commerce by attempted extortion. U.S. District Judge James A. Soto of the District of Arizona imposed the sentence.

According to admissions made in connection with his guilty plea, Portillo, a sergeant in the Arizona Army National Guard, conspired with others from the Arizona Army National Guard to accept cash bribes to protect narcotics traffickers who were purportedly transporting and distributing cocaine from Arizona to other locations in the southwestern United States. Unbeknownst to Portillo and the other co-conspirators, however, the supposed narcotics traffickers were actually undercover FBI agents.

Specifically, Portillo admitted that he wore his official uniform, carried official forms of identification, used official vehicles and used his official authority, where necessary, to prevent police stops and searches as he drove cocaine shipments through checkpoints manned by the U.S. Border Patrol, the Arizona Department of Public Safety, and Nevada law enforcement officers. Portillo admitted that he took bribe payments totaling $12,000 for transporting cocaine on two separate occasions. Portillo also admitted that he accepted a $2,000 cash payment in exchange for recruiting an Immigration and Customs Enforcement inspector into the conspiracy.

Although Portillo was identified by the FBI as a suspect, he mysteriously was never charged and he allegedly fled to Mexico. “In the case of Portillo, as well as other soldiers and sailors involved in criminal enterprises, the Defense Department and law enforcement agencies appear to be complicit in covering up the crime and misconduct cases involving enlisted ‘undocumented immigrants,'” said former NYPD police officer Iris Aquino. “If they’re undocumented, how do you know they’re not criminals or terrorists signing up to serve in the U.S. military?” she asked.

*** Hatip B

Once the November elections were over, President Barack Obama’s program appeared to be replacing American citizens, who are being terminated from their military units with illegal aliens in all branches of the U.S. Armed Forces, and the Pentagon is once again seeking to attract so-called undocumented recruits in the next several weeks, according to Military Times. Yet, neither the White House nor the Justice Department will acknowledge how many of the up to 58 National Guard troops arrested are immigrants.

According to his confession, Portillo admitted that he wore his official uniform, carried official forms of identification and weapons, used official military vehicles, in addition to using his official authority to bypass police stops and searches. He also drove through law enforcement checkpoints manned by agents from U.S. Border Patrol, officers from the Arizona Department of Public Safety, and Nevada law enforcement officers.

Portillo also confessed to taking payments totaling $12,000 for his transport and protection services for two large cocaine shipments. Portillo also shocked those hearing his allocution when he told the sentencing judge that he was paid a bonus of $2,000 by a Mexican drug gang for his success in recruiting an Immigration and Customs Enforcement inspector. To date, 58 defendants have been convicted and sentenced for charges stemming from this investigation and it’s believed they will be more arrests and convictions.

Kamala Harris, Enjoined in Lawsuit

Posted on February 23, 2015February 23, 2015 by Denise Simon

SACRAMENTO — A Virginia-based conservative group filed a federal First Amendment lawsuit this week accusing California Attorney General Kamala Harris of engaging in the kind of activity that was the subject of the recent scandal involving the Internal Revenue Service. Are state officials trying to chill the speech of conservative nonprofits?

“Not only did IRS employees improperly target groups based on politics, but they also improperly demanded a host of details about the groups’ activities, according to a report on the abuses by a Treasury Department inspector general,” according to a Washington Post report about the federal scandal. The IRS even demanded information about some of these groups’ smallest donors.

Now the Americans for Prosperity Foundation is saying the state of California is improperly demanding information about its donors – and is threatening unusually harsh penalties if the group doesn’t comply. One other conservative group has filed a separate lawsuit against the attorney general, which is now in the Ninth Circuit.

**** Now comes the court’s decision on her collusion.

Court enjoins California AG Kamala Harris on First Amendment grounds

Stopping acts statutorily related to some of Lois Lerner’s abuse of First Amendment rights of nonprofit organizations, a federal judge has enjoined California attorney general and Democrat candidate for U.S. Senate Kamala Harris from obtaining donor records of 501(c)(4) organizations.

Without express state statutory authority, and allegedly in violation of federal law protecting the confidentiality of donors listed in Schedule B, Ms. Harris demanded that organizations that register with her office under California’s charitable solicitation law disclose their largest donors. She threatened fines against those who did not comply with her lawless, ultra vires demands.

Most states have charitable solicitation statutes requiring nonprofit organizations to pay fees and obtain a license before asking the public for contributions. These state statutes typically require nonprofits to file their tax return, IRS Form 990, as part of their annual licensing application, but allow Schedule B listing top donors to be redacted.

The Supreme Court has acknowledged that states may require registration of nonprofits before solicitation of contributions so long as their laws do not violate the First Amendment. The February 17 injunction against Harris noted that she threatened to suspend the solicitation license of plaintiff Americans for Prosperity unless it disclosed its largest donors. The district court found that she could not assure that donor records would be kept confidential under her policies, which are not based in any concrete state law, and that would have a chilling effect on First Amendment rights.

AFP presented evidence that its donors, which include the Koch brothers, have received threats. The court found that AFP raised “serious questions going to the merits” of the larger case, which was sufficient for the injunction.

Federal law requires that donor information on IRS Form 990 Schedule B be kept confidential, with both civil and criminal penalties for disclosure by government officials. Last year the IRS was fined $50,000 for unlawfully leaking the names of donors to the National Organization for Marriage.

Judicial Watch uncovered e-mails linking Lois Lerner to the IRS’s inappropriately collecting donor names of conservative organizations filing for tax-exempt status. E-mails also indicate that Ms. Lerner unlawfully disclosed confidential tax information of Tea Party applicants to the Federal Election Commission. She was eventually referred for criminal prosecution by the House Ways and Means Committee for, among other things, “exposing, and [potentially disclosing], confidential taxpayer information, in apparent violation of Internal Revenue Code section 6103 by using her personal email to conduct official business.”

Ms. Harris, who has been repeatedly described as the “female Barack Obama,” is running to fill the U.S. Senate seat being vacated by Barbara Boxer. She has taken the side of supporting warrantless searches of cell phones, but a unanimous Supreme Court ruled in Riley v. California that the government needs a warrant.

Feds on the Move to Counter Judge’s Immigration Stay

Posted on February 23, 2015February 23, 2015 by Denise Simon

Recently, Judge Hanon issued a temporary stay order against the Obama regime to stop the White House DAPA order on immigration. Now the Feds are on the move.

HOUSTON (CN) – The 5th Circuit on Monday will be asked to decide whether the Obama administration’s deferred deportation programs for immigrants who were brought to the United States as children are permissible because of prosecutorial discretion.
The Justice Department on Friday said it will ask the 5th Circuit today to stay an injunction that prevented hundreds of thousands of undocumented immigrants from applying for amnesty.
Twenty-six Republican-led states sued Department of Homeland Security Secretary Jeh Johnson and other top immigration officials late last year, claiming Obama’s executive actions are unconstitutional.
U.S. District Judge Andrew Hanen, granted an injunction against the programs last week. Critics claim that the Republican states forum-shopped to sue in Hanen’s court. Hanen, a George W. Bush appointee, was well known as a critic of Obama’s immigration policies.

Hanen did not rule that Obama’s programs are unconstitutional, but that they cannot take effect until legal questions are settled.
The Texas-led plaintiffs claim that because Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) would allow qualifying immigrants to apply for work permits and driver’s licenses, the states will be stuck with the cost of processing them.
The U.S. Citizenship and Immigrations Services already has the authority to grant undocumented immigrants work permits, Immigration and Customs Enforcement spokesman Greg Palmore said. Immigration and Customs Enforcement (ICE) and USCIS both are branches of the Department of Homeland Security.
Obama’s programs are simply an element of the process of prosecutorial discretion, which immigration officials use to decide who should be deported, according to Palmore.
“Under the deferred action process, and prosecutorial discretion as a whole, ICE is screening every alien we encounter, including those in custody,” Palmore said Friday.
“Decisions are based on the merits of each case, the factual information provided to the agency and the totality of the circumstances,” Palmore said.
“ICE is focused on smart and effective immigration enforcement that prioritizes the removal of convicted criminal aliens, recent border-crossers and immigration fugitives who have failed to comply with final orders of removal issued by the nation’s immigration courts.”
Palmore said ICE would not discuss how it handles a particular case without the immigrant’s consent, as that information is protected by the Privacy Act.
The American Center for Law & Justice, a Christian conservative law firm based in Washington, D.C., joined 27 Republican congressmen in an amicus brief supporting the states’ lawsuit.
It claims Obama’s amnesty offer goes beyond the powers held by immigration agencies.
“As the judge indicated, there is no express or implied statutory authority to create entire new legal programs that go well beyond individualized discretion or resource-based priority determinations and extend into new, large-scale entitlements that actually contradict Congress’s expressed intent,” the firm said Friday in a statement.

DEFENDANTS’ EMERGENCY EXPEDITED MOTION TO STAY THE COURT’S

FEBRUARY 16, 2015 ORDER PENDING APPEAL AND SUPPORTING

MEMORANDUM

INTRODUCTION AND SUMMARY OF THE ARGUMENT

Defendants respectfully move for a stay, pending appeal, of the preliminary injunction entered in this case on February 16, 2015 [ECF No. 144], concerning the November 20, 2014, memorandum issued by the Secretary of Homeland Security (“Secretary”), setting forth guidelines for the consideration of deferred action for the parents of U.S. citizens or lawful permanent residents (“DAPA”) and modifying existing guidelines for the consideration of deferred action for certain individuals who came to the United States as children (“modified DACA”) (collectively, “Deferred Action Guidance” or “Guidance”). Defendants have filed a Notice of Appeal [ECF No. 149] from the Court’s February 16, 2015 Opinion and Orders granting Plaintiffs’ Motion for Preliminary Injunction [ECF Nos. 144 & 145].

A stay pending appeal is necessary to ensure that the Department of Homeland Security (“DHS” or “Department”) is able to most effectively protect national security, public safety, and the integrity of the border. Specifically, the Deferred Action Guidance enjoined by this Court is an integral part of the Department’s comprehensive effort to set and effectuate immigration enforcement priorities that focus on the removal of threats to public safety, national security risks, and recent border crossers, thereby best securing the Homeland in the face of limited resources.

Absent a stay, DHS will sustain irreparable harm—harm that would not be cured, even if Defendants ultimately prevail on that appeal. Allowing the preliminary injunction to remain in place pending appeal would also harm the interests of the public and of third parties, who will be deprived of the significant law enforcement and humanitarian benefits of prompt implementation of the Guidance. When these harms are weighed against the financial injuries claimed by Plaintiffs (and found by the Court only as to Texas), the balance of hardships tips Case 1:14-cv-00254 Document 150 Filed in TXSD on 02/23/15 Page 5 of 24 decidedly in favor of a stay; the harms claimed by Plaintiffs are not imminent and are fully within their power to avoid.

A stay is also warranted in view of Defendant’s substantial case that the preliminary injunction was issued in error—all that Defendants must establish concerning a likelihood of success in order to warrant the requested stay. Defendants’ case is substantial indeed: the Court lacked authority to issue the preliminary injunction, both because Plaintiffs lack standing and because the Deferred Action Guidance is an exercise of prosecutorial discretion by the Secretary that is neither subject to challenge by the States, nor required to be issued through notice-and comment rulemaking. That the Court’s reasoning on standing and the merits has been rejected by other district courts further underscores the fact that Defendants have a substantial case on appeal.

Read the entire Federal appeal here that was filed today.

DHS was to begin accepting requests for modified DACA on February 18, 2015. On February 16, 2015, the Court granted Plaintiffs’ Motion and preliminarily enjoined Defendants from “implementing any and all aspects or phases” of DAPA and modified DACA, as set forth in the Guidance. Order of Temporary Inj. (“Order”) at 1-2 [ECF No. 144]. The Court found that “at least” Texas has standing to sue, stating that Texas would be required under the existing terms of state law to expend funds to provide driver’s licenses to individuals who receive DAPA and modified DACA at some point in the future. Mem. Op. & Order (“Op.”) at 22-36 [ECF No. 145].