Why is China Protecting North Korea? Reasons Abound

Primer:

The United States Computer Emergency Readiness Team (US-CERT) issued a technical alert about the activity of the North Korea’s ‘Hidden Cobra’ APT group.
The joint Technical Alert (TA) report is the result of the efforts between of the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI).

The US Government has tracked the hacker group as Hidden Cobra, but the APT is most popular as the Lazarus APT Group.

The activity of the Lazarus Group surged in 2014 and 2015, its members used mostly custom-tailored malware in their attacks and experts that investigated on the crew consider it highly sophisticated.

This threat actor has been active since at least 2009, possibly as early as 2007, and it was involved in both cyber espionage campaigns and sabotage activities aimed to destroy data and disrupt systems.  Security researchers discovered that North Korean Lazarus APT group was behind recent attacks on banks, including the Bangladesh cyber heist.

According to security experts, the group was behind, other large-scale cyber espionage campaigns against targets worldwide, including the Troy Operation, the DarkSeoul Operation, and the Sony Picture hack.

The joint alert from the FBI and the DHS further details on the group, including indicators of compromise (IoC) for its DeltaCharlie botnet involved in the “Operation Blockbuster” to power DDoS attacks. More here.

*** Most of North Korea’s cyber operations are located in China hosted on Chinese communications internet/communications platforms. It is espionage of an epic standard. But let us go deeper.

Related reading: The North Korea-Cuba Connection including arms sales

Related reading: DPRK-Cuba relations showcase mutual support and solidarity 

(Remember, Obama removed Cuba in 2015 from the terror list as a means to establish the process to normalize relations)

 

*** Image result for north korea minerals

Few think of North Korea as being a prosperous nation. But it is rich in one regard: mineral resources.

Currently North Korea is alarming neighbors with its frequent missile tests, and the US with its attempts to field long-range nuclear missiles that can hit American cities. A sixth nuclear test could be imminent. An attack on the US or its allies would be suicidal, so Pyongyang probably aims to extract “aid” from the international community in exchange for dismantling some of its weaponry—rewind about 10 years to see the last time it pulled off the old “nuclear blackmail” trick.

 AP

But however much North Korea could extract from other nations that way, the result would pale in comparison to the value of its largely untapped underground resources.

Below the nation’s mostly mountainous surface are vast mineral reserves, including iron, gold, magnesite, zinc, copper, limestone, molybdenum, graphite, and more—all told about 200 kinds of minerals. Also present are large amounts of rare earth metals, which factories in nearby countries need to make smartphones and other high-tech products.

Image result for north korea minerals NKNews

Estimates as to the value of the nation’s mineral resources have varied greatly over the years, made difficult by secrecy and lack of access. North Korea itself has made what are likely exaggerated claims about them. According to one estimate from a South Korean state-owned mining company, they’re worth over $6 trillion. Another from a South Korean research institute puts the amount closer to $10 trillion.

State of neglect

North Korea has prioritized its mining sector since the 1970s (pdf, p. 31). But while mining production increased until about 1990—iron ore production peaked in 1985—after that it started to decline. A count in 2012 put the number of mines in the country at about 700 (pdf, p. 2). Many, though, have been poorly run and are in a state of neglect. The nation lacks the equipment, expertise, and even basic infrastructure to properly tap into the jackpot that waits in the ground.

In April, Lloyd R. Vasey, a senior adviser at the Center for Strategic and International Studies, noted that:

North Korean mining production has decreased significantly since the early 1990s. It is likely that the average operational rate of existing mine facilities is below 30 per cent of capacity. There is a shortage of mining equipment and North Korea is unable to purchase new equipment due to its dire economic situation, the energy shortage and the age and generally poor condition of the power grid.

It doesn’t help that private mining is illegal in communist North Korea, as are private enterprises in general (at least technically). Or that the ruling regime, now led by third-generation dictator Kim Jong-un, has been known to, seemingly on a whim, kick out foreign mining companies it’s allowed in, or suddenly change the terms of agreements.

Despite all this, the nation is so blessed with underground resources that mining makes up roughly 14% of the economy.

A “cash cow”

China is the sector’s main customer. Last September, South Korea’s state-run Korea Development Institute said that the mineral trade between North Korea and China remains a “cash cow” for Pyongyang despite UN sanctions, and that it accounted for 54% (paywall) of the North’s total trade volume to China in the first half of 2016. In 2015 China imported $73 million in iron ore from North Korea, and $680,000 worth of zincin the first quarter of this year.

North Korea has been particularly active in coal mining in recent years. In 2015 China imported about $1 billion worth of coal from North Korea. Coal is especially appealing because it can be mined with relatively simple equipment. Large deposits of the stuff are located near major ports and the border with China, making the nation’s bad transportation infrastructure less of an issue.

For years Chinese buyers have purchased coal from North Korea at far below the market rate. As of last summer, coal shipments to China accounted for about 40% (paywall) of all North Korean exports. But global demand for coal is declining as alternatives like natural gas and renewables gain momentum, and earlier this year Beijing, in line with UN sanctions, began restricting coal imports from its neighbor.

The sanctions game

After North Korea conducted its first nuclear test in 2006, the UN began imposing ever stronger sanctions against it. Last year the nation’s underground resources became a focus. In November 2016, the UN passed a resolution capping North Korea’s coal exports and banning shipments of nickel, copper, zinc, and silver. That followed a resolution in March 2016 banning the export (pdf) of gold, vanadium, titanium, and rare earth metals.

The resolutions targeting the mining sector could hurt the Kim regime. Before they were issued, a 2014 report on the country’s mining sector by the United States Geological Survey noted that (pdf, p. 3), “The mining sector in North Korea is not directly subject to international economic sanctions and is, therefore, the only legal, lucrative source of investment trade available to the country.”

That is no longer the case.

Of course, Pyongyang has grown adept at evading such sanctions, especially through shipping. Glimpses of its covert activities come from occasional interceptions of vessels. Last August Egyptian authorities boarded a ship laden with 2,300 tons (2,087 metric tons) of iron ore heading from North Korea to the Suez Canal (they also found 30,000 rocket-propelled grenades below the ore).

Earlier this year a group of UN experts concluded that North Korea, despite sanctions, continues to export banned minerals. They determined, as well, that North Korea uses another mineral—gold—along with cash to “entirely circumvent the formal financial sector.”

Interested neighbors

Meanwhile China’s overall trade with North Korea actually increased 37.4% (paywall) in the first quarter compared to the same period last year. Its imports of iron ore from North Korea shot up 270% in January and February from a year ago. Coal dropped 51.6%.

North Korea’s neighbors have long had their eyes on its bonanza of mineral wealth. About five years ago China spent some $10 billion on an infrastructure project near the border with North Korea, primarily to give it easier access to the mineral resources. Conveniently North Korea’s largest iron ore deposits, in Musan County, are right by the border. An analysis of satellite images published last October by 38 North, a website affiliated with Johns Hopkins University, showed mining activity was alive and well in the area.

China particularly covets North Korea’s rare earth minerals. Pyongyang knows this. It punished Beijing in March by suspending exports of the metals to China in retaliation for the coal trade restrictions.

Meanwhile Russia, which also shares a (smaller) border with North Korea, in 2014 developed plans to overhaul North Korea’s rail network in exchange for access to the country’s mineral resources. That particular plan lost steam (pdf, p. 8), but the general sentiment is still alive.

But South Korea has its own plans for the mineral resources. It sees them as a way to help pay for reunification (should it finally come to pass), which is expected to take decades and cost hundreds of billions or even trillions of dollars. (Germany knows a few things about that.) Overhauling the North’s decrepit infrastructure, including the aging railway line, will be part of the enormous bill.

In May, South Korea’s Ministry of Land, Infrastructure and Transport invited companies to submit bids on possible infrastructure projects in North Korea, especially ones regarding the mining sector. It argued that (paywall) the underground resources could “cover the expense of repairing the North’s poor infrastructure.”

It was, of course, jumping the gun a bit. For now South Korea—and the world—is stuck with a bully in the mineral-blessed North.

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China is undergoing a major military build up around the world and has even included collaboration with Pakistan.

The new assessment focuses instead on the buildup on Spratly Islands, noting that previous year the Mischief, Subi and Fiery Cross Reefs, three of the largest outposts, saw the construction of 24 administration buildings, barracks, fixed weapons positions, communication facilities and fighter-sized hangars by China, each of them with runways 8,800 feet long.

While the report notes that China has not undertaken any new land reclamation projects on disputed features in the South China Sea during 2016, it did accuse China of further militarizing the contested Spratly Islands via the construction of 24 hangars capable of housing fighter aircraft, fixed weapons positions, barracks and communication facilities.

Beijing has opposed the deployment of a U.S. missile shield in South Korea to defend against attacks from North Korea, in part because it says it could be used to counter China’s capabilities.

Meanwhile Pakistan itself has not made any comments about this statement.

Published Tuesday, the Pentagon report estimated that China spent US$180 billion previous year on its military – the world’s largest – a figure well over the country’s official US$140 billion defence budget.

The report made “irresponsible remarks on China’s national defense development and reasonable actions in defending our territorial sovereignty and security interests in disregard of the facts“, foreign ministry spokeswoman Hua Chunying told reporters yesterday.

China likely will seek to establish additional military bases in countries with which it has longstanding, friendly relationships“, the report predicts.

China has cited anti-piracy patrolling as one of the reasons for developing what it calls a naval logistics center in Djibouti.

“China’s expanding global economic interests are increasing demands for the [Chinese Navy] to operate in more distant maritime environments to protect Chinese citizens, investments, and critical sea lines of communication”, the report reads.

The defence ministry in a statement refuted the U.S. assessment, saying “China is not doing any military expansion and does not seek a sphere of influence”. Pakistan has also emerged as the biggest market for Chinese arms exports, a focus area in Beijing’s expansion plans, the report titled “Military and Security Developments Involving the People’s Republic of China 2017″, said. He harshly criticized China’s construction in the South China Sea and became the first member of President Donald Trump’s cabinet to lay out a comprehensive strategy on Asia. That region accounted for almost half of China’s over $20 billion in arms exports from 2011 to 2015.

Countries including Pakistan and Afghanistan welcome it as a path out of poverty. “To support this modernisation, China uses a variety of methods to acquire foreign military and dual-use technologies, including cyber theft, targeted foreign direct investment and exploitation of the access of private Chinese nationals to such technologies”, the report said.

Regarding the Senkaku Islands, a group of East China Sea islets controlled by Japan but claimed by the mainland and Taiwan, the Pentagon said that previous year Beijing continued to use law-enforcement ships and aircraft to “patrol” near the islands in an attempt to undermine Japan’s administration of them.

China has also always been a strong military, economic, and diplomatic supporter of Pakistan and is considered Islamabad’s largest trade and defense partner.

At Least 34 Years of Immigration Debate, Loopholes and Dollars

Image result for executive office of immigration review

The proposed Department of Justice budget request for 2018 for the Executive Office of Immigration is $421.5 million and includes 2600 employees with 831 lawyers. Judges assigned to immigration courts are being hired, shuffled around the country and have in some areas have a five year base backlog.

Image result for immigration court FoxLatino

The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA or Board) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS) (now part of the Department of Homeland Security). Besides establishing EOIR as a separate agency within DOJ, this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of Federal immigration laws. The Office of the Chief Administrative Hearing Officer (OCAHO) was added in 1987. In 2013, EOIR observed its 30th anniversary.

EOIR is also separate from the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ Civil Rights Division and the Office of Immigration Litigation in the DOJ Civil Division.

As an office within the Department of Justice, EOIR is headed by a Director who reports directly to the Deputy Attorney General. Its headquarters are located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.

New York City Law Creates Loophole To Avoid Deporting Criminal Illegal Immigrants

A New York City law that reclassifies several low-level offenses as non-criminal went into effect Tuesday, allowing citizen offenders to keep clean records and illegal immigrant offenders to potentially avoid deportation.

The law, passed by the city council and signed by Mayor Bill de Blasio in 2016, allows police to classify trial summonses for petty crimes as civil summonses, rather than criminal summonses. The change would affect crimes including public urination and drinking and staying in the park after dark, DNA Info reports. The change critically affects the impact of an executive order from President Donald Trump this spring ordering the deportation of illegal immigrants convicted of crimes.

Under the new law, illegal immigrants convicted of these crimes would receive a civil rather than criminal summons, which frees local law enforcement from the obligation of reporting the offender’s immigration status to Immigration and Customs Enforcement (ICE).

The law would affect cases such as Alejandro Luna, a former gang member and an illegal immigrant caught in central park after dark June 5 who now faces deportation. This would be Luna’s second deportation, the first came in 2006 after he was convicted of home-invasion and robbery. He then illegally entered the country again only to be detained on the June 5 park offense. More here.

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Illegals presently have access to government funded healthcare. However:

The ‘Verify First Act’ by Rep. Lou Barletta (R-PA) would subsequently end American taxpayer-funded money going to illegal aliens in the form of healthcare insurance credits. The plan is being supported by NumbersUSA, a group which has staunchly advocated for Trump’s America First agenda.

“We applaud Rep. Lou Barletta for introducing the Verify First Act to ensure that illegal aliens cannot qualify for taxpayer-funded health insurance credits,” NumbersUSA Peter Robbio said in a statement. “We are grateful that the Ways and Means Committee and House Republican Leadership agreed to move this important bill forward.”

Since Obamacare’s enactment, illegal immigrants received more than $700 million in healthcare insurance credits by 2015, according to the Senate Committee on Homeland Security and Governmental Affairs.

In Barletta’s plan, healthcare insurance recipients through the American Health Care Act (AHCA) would have their citizenship and immigration statuses verified by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). More here.

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In part: Traditional sanctuary policies are often described as falling under one of three categories. First, so-called “don’t enforce” policies generally bar the state or local police from assisting federal immigration authorities. Second, “don’t ask” policies generally bar certain state or local officials from inquiring into a person’s immigration status. Third, “don’t tell” policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities.

State or local measures limiting police participation in immigration enforcement are not a recent phenomenon. Indeed, many of the recent “sanctuary”-type initiatives can be traced back to

activities carried out by churches that provided refuge—or “sanctuary”—to unauthorized Central American aliens fleeing civil unrest in the 1980s.13 A number of states and municipalities issued declarations in support of these churches’ actions.14 Others went further and enacted more substantive measures intended to limit police involvement in federal immigration enforcement activities.15 These measures have included, among other things, restricting state and local police from arresting persons for immigration violations, limiting the sharing of immigration-related information with federal authorities, and barring police from questioning a person about his or her immigration status.16

Still, there is no official definition of a “sanctuary” jurisdiction in federal statute or regulation.17 Broadly speaking, sanctuary jurisdictions are commonly understood to be those that have laws or policies designed to substantially limit involvement in federal immigration enforcement activities,18 though there is not necessarily a consensus as to the meaning of this term.19 Some jurisdictions have self-identified as sanctuary cities.

The federal government’s power to regulate immigration is both substantial and exclusive.23 This authority is derived from multiple sources, including Congress’s Article I powers to “establish a uniform Rule of Naturalization” and “regulate commerce with foreign nations, and among the several states,”24 as well as the federal government’s “inherent power as a sovereign to conduct relations with foreign nations.”

The Supreme Court’s 2012 ruling in Arizona v. United States—which invalidated several Arizona laws designed “to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States”28 as preempted by federal law—reinforced the federal government’s pervasive role in creating and enforcing the nation’s immigration laws.29 “The Government of the United States,” the Court said, “has broad, undoubted power over the subject of immigration and the status of aliens.”30

Yet despite the federal government’s sweeping authority over immigration, the Supreme Court has cautioned that not “every state enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted” by the federal government’s exclusive power over immigration.39 Accordingly, in Arizona the Supreme Court reiterated that, “[i]n preemption analysis, courts should assume that the historic police powers of the States are not superseded unless that was the clear and manifest purpose of Congress.”40 For example, in Chamber of Commerce of the U.S. v. Whiting, the Supreme Court upheld an Arizona law—related to the states’ “broad authority under their police powers to regulate the employment relationship to protect workers within the State”41—that authorized the revocation of licenses held by state employers that knowingly or intentionally employ unauthorized aliens.42 Even though the Immigration Reform and Control Act of 1986 (IRCA) expressly preempted “any State or local law imposing civil or criminal sanctions … upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens,” the Supreme Court concluded that Arizona’s law fit within IRCA’s savings clause for state licensing regimes and thus was not preempted.43

Accordingly, based on current jurisprudence, federal measures that impose direct requirements on state or municipal authorities appear most likely to withstand an anti-commandeering challenge if they (1) are not directed at a state’s regulation of the activities of private parties; and (2) apply to the activities of private parties as well as government actors.

Finally, Congress does not violate the Tenth Amendment when it uses its broad authority to enact legislation for the “general welfare” through its spending power,62 including by placing

conditions on funds distributed to the states that require those accepting the funds to take certain actions that Congress otherwise could not directly compel the states to perform.63 However, Congress cannot impose a financial condition that is “so coercive as to pass the point at which ‘pressure turns into compulsion.’”64 For example, in National Federation of Independent Business v. Sebelius, the Supreme Court struck down a provision of the Patient Protection and Affordable Care Act of 2010 (ACA) that purported to withhold Medicaid funding to states that did not expand their Medicaid programs.65 The Court found that the financial conditions placed on the states in the ACA (withholding all federal Medicaid funding, which, according to the Court, typically totals about 20% of a state’s entire budget) were akin to “a gun to the head” and thus unlawfully coercive.66

violations of federal immigration law may be criminal or civil in nature, with alien removal understood to be a civil proceeding.71 Some immigration-related conduct potentially constitutes a removable offense and also may be subject to criminal sanction. For example, an alien who knowingly enters the United States without authorization is not only potentially subject to removal,72 but could also be charged with the criminal offense of unlawful entry.73 Other violations of the INA are exclusively criminal or civil in nature. Notably, an alien’s unauthorized immigration status makes him or her removable, but absent additional factors (e.g., having reentered the United States after being formally removed),74 unlawful presence on its own is not a criminal offense.

Some jurisdictions have adopted measures that restrict or bar police officers from making arrests for violations of federal immigration law. In some jurisdictions restrictions prohibit police from detaining or arresting aliens for civil violations of federal immigration law, like unlawful presence.75 Other jurisdictions prohibit police from making arrests for some criminal violations of federal immigration law, like unlawful entry.76 Still others prohibit assisting federal immigration authorities with investigating or arresting persons for civil or criminal violations of U.S. immigration laws.77 And some other jurisdictions have prohibitions that are broader in scope, such as a general statement that immigration enforcement is the province of federal immigration authorities, rather than that of local law enforcement.

Some states and localities have restricted government agencies or employees from sharing information with federal immigration authorities, primarily to prevent federal authorities from using the information to identify and apprehend unlawfully present aliens for removal.88 For instance, some jurisdictions prohibit law enforcement from notifying federal immigration authorities about the release status of incarcerated aliens, unless the alien has been convicted of certain felonies.89 Similarly, other jurisdictions prohibit their employees from disclosing information about an individual’s immigration status unless the alien is suspected of engaging in illegal activity that is separate from unlawful immigration status.90 Some jurisdictions restrict disclosing information except as required by federal law91—sometimes referred to as a “savings clause”—although it appears that the Department of Justice has interpreted those provisions as conflicting with federal information-sharing provisions. For the full summary and context with access to footnotes, go here.

Obamacare Rising Costs Here and Details of New Proposal

Brady: “Obamacare is imploding, and we’re just seeing prices skyrocket”

Our health care system continues to deteriorate under Obamacare. Americans are facing fewer choices, higher costs, and less access to the care they need. Just look at the news from last week:

  • Premiums have more than doubled under Obamacare. According to data from the previous Administration, millions of Americans are now paying twice as much—on average $3,000 more—for insurance on the individual marketplaces than they were in 2013.
  • 25 more counties will have zero Obamacare insurance options. The last Obamacare insurer in parts of Missouri, Blue Cross Blue Shield of Kansas City, announced its decision to withdraw from Obamacare’s individual marketplace in 2018. That leaves hundreds of thousands more Americans with few, if any, places to turn for coverage.

Describing the urgent need to repeal and replace Obamacare, economist Stephen Moore wrote in The Washington Times:

“If we stay with Obamacare, within a few years tens of millions will have no insurance at all that is even remotely affordable. Aetna, Humana, and other major insurers in just recent months have fled Obamacare. The Titanic has hit the iceberg and it is rapidly sinking … Here’s a prediction: by the end of the year we could have nearly half the country without insurers if this spiral continues.”

House Republicans took action to rescue the American people from this failing law by passing the American Health Care Act, which the Congressional Budget Office confirmed:

  • Lowers average premiums in the individual marketplace by 4 to 30 percent or more, depending on the state.
  • Delivers nearly $1 trillion of relief from Obamacare taxes.
  • Provides individuals and families freedom to choose a health care plan that is right for them.Obamacare keeps wreaking havoc across the country:
    • Major insurers continue to abandon the individual insurance market in different states, making it more difficult for Americans to access coverage.
    • Humana and Aetna announced they would withdraw from Obamacare’s individual exchanges entirely in 2018.
    • The last remaining insurer in Iowa could exit the exchanges next year—leaving families in 94 out of 99 counties without a single insurer to turn to for their coverage.
    • Connecticut, Maryland, New York, Oregon, and Virginia have already projected double-digit premium rate increases for next year.

    As Ways and Means Republicans explain, Obamacare’s latest failures underscore the urgent need for the American Health Care Act—legislation passed by the House to fix our broken health care system:

    On Delivering Relief from Obamacare

    Rep. Diane Black (R-TN), Budget Committee Chairman, in RealClearPoliticsObamacare is a disaster, and in Tennessee, its collapse is creating dire circumstances for our citizens. Massive premium increases are making insurance unaffordable for more and more Tennesseans and rising deductibles are making it harder to get health care, even for those who have insurance. Doing nothing is not an option. Congress has taken the first step to keep our promise of repealing and replacing Obamacare.” 

    Rep. Kevin Brady (R-TX), Ways and Means Committee Chairman, in the Conroe Courier“Although this is just the first step, it is a giant pivot in the right direction so that Americans no longer have to struggle under the $1 trillion in tax hikes brought on by Obamacare. Under the bill, Americans, especially small businesses, will no longer be forced to buy healthcare they do not want or cannot afford.” 

    Rep. Jackie Walorski (R-IN) in the South Bend Tribune“Obamacare came with a lot of promises. But these promises were broken, and now many Hoosiers face higher premiums, fewer options, and a collapsing system … [AHCA] rescues Americans from the instability of Obamacare and begins a stable transition to a better system. It will lower premiums and strengthen markets so patients have real options they can actually afford. It will empower patients, not bureaucrats, to make health care decisions.”

    On Protecting Patients with Pre-Existing Conditions

    Rep. Erik Paulsen (R-MN) in the Minneapolis Star Tribune“Nothing in this bill would allow an insurance company to deny someone coverage, including to those with a preexisting condition. Nothing would allow an insurance company to cancel someone’s insurance policy should they become sick. Despite claims from opponents, the bill does not classify sexual assault as a preexisting condition. For those who maintain continuous coverage, the bill does not allow insurance companies to charge an individual more simply because they have a preexisting condition. It’s also worth noting that this bill includes $138 billion to assist states in making sure everyone, including those with preexisting conditions, has access to high-quality, affordable health care.” 

    Rep. Adrian Smith (R-NE) in the Grand Island Independent“I firmly believe we can protect access to care for those with preexisting conditions while lowering costs for the millions of Americans currently facing premiums and deductibles they cannot afford. Passing the American Health Care Act in the House was the first step, and we will continue our work in Congress to revive the health care marketplace.”

    Rep. Jackie Walorski (R-IN) in the South Bend Tribune“This bill maintains critical protections for patients with pre-existing conditions. I have always said any replacement must protect these patients, and we make sure no one can be denied coverage due to a pre-existing condition. States can obtain a waiver of some individual and small group insurance regulations to help lower premiums or increase the number of people with coverage, as long as they implement plans—such as high risk pools—to ensure affordable coverage for those with costly medical conditions. Under these waivers, insurers can only charge high-risk patients more if they have a two-month lapse in coverage, and the bill dedicates $8 billion to help patients in such situations.” 

    On Putting the American People Back in Control of Their Care

    Rep. Carlos Curbelo (R-FL) in the Miami Herald“I made a promise that I would fight for better healthcare for our country, for a market-based system where Americans, not special interests, are in control and can make the best healthcare choices for themselves and their families. The legislation before Congress today gets us closer to such a system.”

    Rep. Erik Paulsen (R-MN) in the Minneapolis Star Tribune“[This debate] is about Nyla, a recently widowed mother of four who saw her premiums jump to $1,000 per month with a $13,000 deductible… this debate is about Taryn, who, after being diagnosed with a brain tumor, suddenly had her plan canceled when her insurer pulled out of the market … [AHCA] is aimed at addressing many of the shortcomings of the ACA by stabilizing insurance markets and beginning to bring down premiums. Rather than the one-size-fits-all Washington approach, we can empower states and consumers to take control of their own health care outcomes.”

    CLICK HERE to read Ways and Means Committee Chairman Brady’s statement on the AHCA.

    CLICK HERE to read a summary of the AHCA.

    CLICK HERE to read the section-by-section description of the AHCA.

U.S. of Paris Accord, will take 3 Years However

Paris Accord TALKERS

Topline: The Paris Accord is a BAD deal for Americans, and the President’s action today is keeping his campaign promise to put American workers first. The Accord was negotiated poorly by the Obama Administration and signed out of desperation. It frontloads costs on the American people to the detriment of our economy and job growth while extracting meaningless commitments from the world’s top global emitters, like China. The U.S. is already leading the world in energy production and doesn’t need a bad deal that will harm American workers.

UNDERMINES U.S. Competitiveness and Jobs

According to a study by NERA Consulting, meeting the Obama Administration’s requirements in the Paris Accord would cost the U.S. economy nearly $3 trillion over the next several decades.

By 2040, our economy would lose 6.5 million industrial sector jobs including 3.1 million manufacturing sector jobs

It would effectively decapitate our coal industry, which now supplies about one-third of our electric power

The deal was negotiated BADLY, and extracts meaningless commitments from the world’s top polluters

The Obama-negotiated Accord imposes unrealistic targets on the U.S. for reducing our carbon emissions, while giving countries like China a free pass for years to come.

 Under the Accord, China will actually increase emissions until 2030

The U.S. is ALREADY a Clean Energy and Oil & Gas Energy Leader; we can reduce our emissions and continue to produce American energy without the Paris Accord

America has already reduced its carbon-dioxide emissions dramatically.

Since 2006, CO2 emissions have declined by 12 percent, and are expected to continue to decline.

According to the Energy Information Administration (EIA), the U.S. is the leader in oil & gas production.

The agreement funds a UN Climate Slush Fund underwritten by American taxpayers

President Obama committed $3 billion to the Green Climate Fund – which is about 30 percent of the initial funding without authorization from Congress

With $20 trillion in debt, the U.S. taxpayers should not be paying to subsidize other countries’ energy needs.

The deal also accomplishes LITTLE for the climate

According to researchers at MIT, if all member nations met their obligations, the impact on the climate would be negligible. The impacts have been estimated to be likely to reduce global temperature rise by less than .2 degrees Celsius in 2100.

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The Legal and Economic Case Against the Paris Climate Treaty

Canceling U.S. Participation Protects Competitiveness and the Constitution

President Trump should keep his two-part campaign promise to cancel U.S. participation in the Paris Climate Agreement and stop all payments to United Nations global warming programs. The Paris Agreement is a costly and ineffectual solution to the alleged climate crisis. It is also plainly a treaty, despite President Obama’s attempt to implement it without the Senate’s advice and consent. Failure to withdraw from the agreement would entrench a constitutionally damaging precedent, set President Trump’s domestic and foreign policies in conflict, and ensure decades of diplomatic blowback.

For those and other reasons, the Paris Agreement imperils both America’s economic future and capacity for self-government.

The Paris Agreement and the 1992 treaty it purports to modify, the United Nations Framework Convention on Climate Change, both contain provisions for withdrawal. Concerns about diplomatic blowback if President Trump withdraws from the Agreement or submits it for the Senate’s advice and consent actually confirm the wisdom of exercising one of those options. The Paris Agreement is designed to institutionalize a running campaign of diplomatic blowback unless the U.S. submits to ever-tightening constraints, ratcheting up every five years. If Trump withdraws, any diplomatic blowback would largely be a muted one-off event, without the economic, political, and security costs that staying in the Paris Agreement entails.

To safeguard America’s economic future and capacity for self-government, President Trump should pull out of the Paris Agreement. There are several options for doing so, which are discussed in this paper. Regardless of which option Trump selects, his  administration should make the case for withdrawal based on the following key points:

  1. The Paris Climate Agreement is a treaty by virtue of its costs and risks, ambition compared to predecessor climate treaties, dependence on subsequent legislation by Congress, intent to affect state laws, U.S. historic practice with regard to multilateral environmental agreements, and other common-sense criteria.
  2. In America’s constitutional system, treaties must obtain the advice and consent of the Senate before the United States may lawfully join them. President Obama deemed the Paris Agreement to not be a treaty in order to evade constitutional review, which the Agreement almost certainly would not have survived.
  3. Allowing Obama’s climate coup to stand will set a dangerous precedent that will undermine one of the Constitution’s important checks and balances. It will allow a future president to adopt any treaty he and foreign elites want, without Senate ratification, just by deeming it “not a treaty.”
  4. The Agreement endangers America’s capacity for self-government. It empowers one administration to make legislative commitments for decades to come, without congressional authorization, and regardless of the outcome of future elections. It would also make U.S. energy policies increasingly unaccountable to voters, and increasingly beholden to the demands of foreign leaders, U.N. bureaucrats, and international pressure groups.
  5. The United States cannot comply with the Paris Agreement and pursue a pro-growth energy agenda. Affordable, plentiful, reliable energy is the lifeblood of modern economic life. Yet, the Paris Agreement’s central goal is to make fossil fuels, America’s most plentiful and affordable energy source, more expensive across the board. Implementing the agreement’s progressively more restrictive five-year emission-reduction pledges—called Nationally Determined Contributions (NDCs)—would destroy U.S. manufacturing’s energy price edge.
  6. The Agreement entails more cost and risk than the country is willing to bear. A majority of states have sued to overturn the Obama Environmental Protection Agency’s end-run around Congress, the Clean Power Plan, which is also the centerpiece of the U.S. NDC under the Paris Agreement. Yet, the CPP is only a start. All of Obama’s adopted and proposed climate policies would only achieve about 51 percent of just the first NDC, and the Paris Agreement requires parties to promise more “ambitious” NDCs every five years.
  7. The Agreement has no democratic legitimacy. President Obama kept mum about climate change during the 2012 elections. Only after being reelected did he unveil a climate agenda featuring an EPA-redesigned electric power system and the most “ambitious” climate agreement in history.
  8. Withdrawing from the Paris Agreement is a humanitarian imperative. The Agreement will produce no detectable climate benefits. Instead, it will divert trillions of dollars from productive investments that would advance global welfare to political uses. Worse, the Agreement’s mid-century emission-reduction goals cannot be achieved without drastically reducing energy-poor countries’ current access to affordable energy from fossil fuels.

For all the foregoing reasons, President Trump should stick to his campaign promises to end America’s participation in the Paris Climate Agreement and stop payments to the U.N. Green Climate Fund.

Remember ACORN? They are Back

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From their website in part:

CPD now has 51 staff, offices in New York City, Washington, DC, and Oakland, CA, and staff in Minnesota, Boston, Philadelphia, Los Angeles, Santa Barbara, and Chicago. We work with a remarkably strong cohort of 11 national partners and 43 state partner organizations in 30 states.

CPD’s model for change draws from the successful base-building and policy advocacy of partner organizations such as Make the Road New York (MRNY), CASA de Maryland, and PCUN in Oregon, as well as New York Communities for Change (NYCC), Alliance of Californians for Community Empowerment (ACCE) and Action Now in Illinois, among many others. Around the country, base-building organizations are demonstrating that it is possible to grow to scale, with strong institutional infrastructure and innovative organizing models, and leverage that strength to win cutting-edge policy victories at the federal, state and local levels. CPD grows out of this experience, to bring a range of additional capacities to the field to help base-building organizations scale up even further, to deepen and grow the progressive movement infrastructure, and to advance a pro-worker, pro-immigrant, racial and economic justice policy agenda nationwide.

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New $80M Anti-Trump Network Spearheaded by Soros-Funded Org With Former ACORN Employees

Network will focus on pushing back against voter laws leading up to the 2018 and 2020 elections

A new $80 million anti-Trump network is being led by an organization whose top funder is liberal billionaire George Soros and which employs former members of the controversial and now-defunct Association of Community Organizations for Reform Now (ACORN).

The Center for Popular Democracy Action Fund, the 501(c)(4) sister organization of the Center for Popular Democracy (CPD), a New York-based nonprofit that receives the bulk of its funding from George Soros, announced at their spring gala Tuesday that they will be heading up the new $80 million anti-Trump network that will span 32 states and have 48 local partners, CNN reported.

The network will seek to mobilize new voters and fight voter identification laws. It will also focus on gerrymandering and automatic voter registration programs with an eye on the 2018 and 2020 election cycles.

Rep. Keith Ellison (D., Minn.), the deputy chair of the Democratic National Committee, backed the new effort.

“This national network, led by working class people of color and immigrants, will supply the power and the fight we need to resist the Trump administration’s all-out assault on American values,” Ellison told CNN. “I look forward to standing with CPD Action’s leaders in the streets and in Congress to win real progressive change.”

The Center for Popular Democracy, which was founded in 2012, consists of old chapters of ACORN, the community-organizing group that was forced to close after being stripped of its federal funds following controversy in 2010.

Andrew Friedman, a co-executive director at the Center for Popular Democracy, co-founded Make the Road New York, a Latino immigrant group that has worked alongside CPD on a number of anti-Trump campaigns. Friedman serves on the board of Make the Road New York (MRNY) and Make the Road Action Fund, which are closely linked to CPD and contain many overlapping staffers.

Others in leadership roles at CPD have come directly from ACORN.

Brian Kettenring, the other co-executive director of the CPD, was an organizer for ACORN from 1995 to 2010.

Steve Kest, a senior advisor at CPD, worked for ACORN for 35 years and served as its national executive director.

Christina Livingston, a board member of CPD, is the executive director of the Alliance for Californians for Community Empowerment. Livingston previously organized for ACORN out of Los Angeles.

Steve Dooley, the director of partnerships at CPD, began his career at ACORN in D.C. Dooley later directed ACORN’s offices in the Dallas/Fort Worth area.

Greg Basta, the director of sustainability initiatives at CPD, worked as the statewide canvass director for the New York ACORN for five years.

Basta was a founding staff member of New York Communities for Change (NYCC), an ACORN offshoot that was founded in 2010.

The groups, which have combined to receive millions in funding from George Soros, funnel money to each other.

From 2012 to 2014, New York Communities for Change provided $81,700 to the Center for Popular Democracy, according to the group’s Form 990s up to 2014, the last available year. NYCC also passed $358,533 to the Make the Road New York Action Fund during this time.

The Center for Popular Democracy gave New York Communities for Change $406,667 between 2012 and 2014. CPD additionally gave Make the Road New York $173,955. CPD’s Action Fund added another $100,000 to New York Communities for Change.

The Center for Popular Democracy did not respond to inquiries on the new $80 million anti-Trump network. New York Communities for Change and Make the Road New York also did not return requests for comment.

CPD and MRNY have been extremely active in the anti-Trump arena, using protests and pressure campaigns.

The two groups recently “partnered” on a “Corporate Backers of Hate” campaign that targeted JPMorgan Chase, Wells Fargo, Goldman Sachs, Boeing, Disney, IMB, Uber, Blackrock, and Blackstone, corporations they say could profit from President Trump’s policies.

The “mass lobbying” campaign consists of directly pressuring higher ups at each company through emails and has been called “unprecedented” by corporate responsibility experts.

Make the Road was also reported to have organized the “spontaneous” protests at New York’s JFK Airport following Trump’s Muslim travel ban. However, it was later discovered that the protests had been planned since the day after the presidential election.

Uber, which had continued to pick up passengers from the airport during the event, found themselves in the center of the #DeleteUber pressure campaign following the protests. The CEO of Uber, Travis Kalanick, later stepped down from Trump’s advisory council.

The group is also behind the #GrabYourWallet campaign, which targets retailers for carrying Trump family products. Nordstrom ultimately pulled Ivanka Trump’s products, although the store had claimed they had dropped her brand due to declining sales.

The Center for Popular Democracy’s new multi-million dollar network falls in line with a number of major liberal groups who have reorganized to fight back against voter laws following Donald Trump’s victory.

Demos, a New York City-based progressive public policy group chaired by Sen. Elizabeth Warren’s (D., Mass.) daughter, has been assisting unions in pushing back against election lawsuits in number of states after counties had failed to properly maintain their voter rolls. Demos received hundreds of thousands in funding from Soros’ groups.

Marc Elias, Hillary Clinton’s former top campaign lawyer, recently joined the board of Priorities USA Action, a major Democratic super PAC that received $9.5 million from Soros during the 2016 election cycle.

Elias was tapped as the group shifts its focus on pushing back against state-level Republican efforts on voting laws. Every Citizen Counts, a nonprofit founded by Clinton allies focused on mobilizing African American and Latino voters, was absorbed into Priorities USA.

Elias will spearhead challenges against state voting laws from the organization’s nonprofit arm, which is building a national database to be a “one-stop inventory of restrictive voting measures” that they will share with other progressive groups.

Elias previously engaged in a multi-state effort to overturn voter ID laws leading up to the 2016 presidential election. The challenges were backed by millions of dollars from Soros.

Soros has a goal of enlarging the electorate by 10 million voters by 2018, the Washington Free Beacon discovered after a trove of hacked Soros documents were released last year by DC Leaks.

The plan to grow the electorate by millions of voters and combating “suppression” was listed as a top priority in a 220-page guide from his Open Society Foundations.

“The Open Society Foundations supports efforts to encourage wider participation in U.S. elections, and opposes measures used to try to suppress voter participation,” a spokesman from the Open Society Foundations told the Free Beacon at the time.