Yup, More Hillary Emails, Bigger Violations Surface

Another day of CSS….Clinton Saturation Syndrome…

Judicial Watch: New Abedin Emails Reveal Top Clinton Foundation Executive Doug Band Sought Diplomatic Passport from Clinton State Department

Abedin responded to Band request: ‘Ok will figure it out’

Emails also reveal Bill Clinton/Doug Band Sought State Department Favors for Foundation supporters Paul Liveris, Chris Ruddy, and Lynn de Rothschild

(Washington, DC) – Judicial Watch today released 510 pages of new State Department documents, including a 2009 request by Clinton Foundation executive Doug Band for diplomatic passports for himself and an associate.  Former Secretary of State Hillary Clinton’s aide Abedin responded to Band’s request positively, saying, “Ok will figure it out.”  The emails show Hillary Clinton forwarding classified information to Abedin’s unsecured, non-state.gov account. The emails also show Bill Clinton sought a meeting with Mrs. Clinton for a major Clinton donor with State Department officials and Hillary Clinton herself pushed for a joint event with the Clinton Global Initiative.  Band also pushed for and obtained special help from Abedin for seven-figure Clinton Foundation donor Chris Ruddy, of Newsmax.com.

Although an exchange sent from Sidney Blumenthal to Hillary Clinton concerning the “disastrous nature of the Obama trip” and the U.S. being “totally out of the loop in Berlin – no ambassador” with the expectation that “Germans and Russians will now cut their own separate deals on energy, regional security, etc….” had previously published by the State Department, it was unknown until now that Clinton forwarded this exchange containing classified information that was redacted for security reasons to Abedin’s unsecure non-state.gov account

The new documents included 37 Hillary Clinton email exchanges not previously turned over to the State Department, bringing the known total to date of such emails uncovered by Judicial Watch to 228 of new Clinton emails (not part of the 55,000 pages of emails that Clinton turned over to the State Department).  These records further appear to contradict statements by Clinton that, “as far as she knew,” all of her government emails were turned over to the State Department.

The Band request for a special diplomatic passport for himself and his associates – an unidentified “JD” and apparently Justin Cooper, formerly a key member of Bill Clinton’s personal office and the Clinton Foundation who has been linked to registration documents for and the shutting down of the email server at the center of Mrs. Clinton’s State Department emails controversy.

 

The Band-Abedin exchange went as follows:

From: Doug Band

To: Huma Abedin

Sent: Jul 27, 2009 10:32 AM

Subject:

Need get me/ justy and jd dip passports

We had them years ago but they lapsed and we didn’t bother getting them

From: Huma Abedin [[email protected]]

Sent: Monday, July 27, 2009 10:38:39 PM

To: Doug Band

Subject: Re:

Ok will figure it out

The U.S. Code of Federal Regulations strictly limits the granting of diplomatic passports to members of the Foreign Service, their family members, or those working on U.S. government contracts. According to 22 CFR 51.3:

A diplomatic passport is issued to a Foreign Service officer or to a person having diplomatic status or comparable status because he or she is traveling abroad to carry out diplomatic duties on behalf of the U.S. Government. When authorized by the Department, spouses and family members of such persons may be issued diplomatic passports. When authorized by the Department, a diplomatic passport may be issued to a U.S. Government contractor if the contractor meets the eligibility requirements for a diplomatic passport and the diplomatic passport is necessary to complete his or her mission.

The newly released Abedin emails also contain additional instances of the Clinton State Department’s granting special favors to major contributors to the Clinton Foundation. A July 27, 2009, exchange of emails begins with Abedin advising Clinton scheduler Lona Valmoro that “wjc” (William Jefferson Clinton) wants special treatment for high-dollar Foundation donor and Dow Chemical’s CEO Andrew Liveris. Dow donated between $1 million and $5 million to the Clinton Foundation, making it one of the largest corporate donors in Foundation history.

From: Huma Abedin [email protected]

To: Valmoro, Lona J

Sent: Monday, Jul 27 06:02:01 2009

Subject:

Wjc wants to be sure hrc sees Andrew Liveris, ceo of dow tomorrow night. Apparently he is head of us china business council. Is he definitely going to be there?

From: Valmoro, Lona J [[email protected]

Sent: July 27, 2009 6:03:54 AM

To: Huma Abedin

Subject: Re:

I will check. He declined our invitation to dinner tonight at State.

From: Valmoro, Lona J

Sent: Monday, July 27, 2009 9:24:08 AM

To: Huma Abedin; Narain, Paul F [Clinton aide]

Subject: Re: CEO of dow

Paul, Andrew Leveris, CEO of Dow Chemical, is going to be at the dinner tomorrow night. We would like HRC to see him, perhaps they can do a brief pull aside upon arrival. Huma, would that work for you?

From: Huma Abedin [[email protected]]

Sent: Monday, July 27, 2009 9:24:55 AM

To: Valmoro, Lona J, Huma Abedin, Narain, Paul F

Subject: Re: CEO of dow

Yes pull aside on arrival

From: Narain, Paul F

Sent, Monday, July 27, 2009 7:56 PM

To: Valmoro, Lona, Abedin Huma

Subject: RE: CEO of dow

Lona, I have arranged this pull aside for on the arrival in the Hold Room across the hall from the ballroom, immediately prior to the Secretary’s entrance and remarks.

The Abedin emails include a mid-August 2009, email exchange in which Band urges Abedin to follow up on a request from Newsmax CEO Chris Ruddy to set up a meeting with then-Ambassador to Panama Barbara Stephenson on behalf of lobbyist Amb. Otto Reich, President Reagan’s ambassador to Venezuela who maintained high-level government positions during the tenure of both President George H.W. Bush and President George Bush.  In early September, Ruddy then was contacted by State Department Deputy Assistant for the Bureau of Western Hemisphere Affairs, Roberta S. Jacobson, at the behest of Band and Abedin, in reference to Ruddy’s concerns about Wilson Lucom, whose estate was embroiled in a heated multi-million-dollar lawsuit.  Ruddy’s Newsmax Media Inc, made a contribution to the Clinton Foundation of between $1 million and $5 million. The emails show the responsible official was put in contact with Ruddy.

From: Christopher [Redacted]

To: Doug Band [Redacted]

Sent: Mon Aug 17 3:40:56 2009

Subject: Panama

Otto Reich is arriving in Panama tonite on the matter I discussed. He was hoping to meet with Barbara Stephenson or her Charge this week. He has not heard back from her. Any “air’ support you can give for this meeting would be helpful. Thanks! – Christopher Ruddy

From: Doug Band

To: Huma Abedin

Sent: Aug 18, 2009 10:37 PM

Subject: Fw: Panama

Would be good to do quickly.

Even a call

From: Huma Abedin

To: Doug Band

Sent: Wed Aug 19 4:51:35 2009

Subject: Re: Panama

Both of our point people are out on vacation. I can ask someone junior to deal with this?

From: Doug Band

Sent: Wednesday, August 19, 2009 5:20:13 PM

To: Huma Abedin

Subject: Re: Panama

Sure

From: Jacobson, Roberta S

Sent: Friday, September 04, 2009 7:32 AM

To: ruddy [Redacted]

Subject: Panama case

Mr. Ruddy: Your inquiry about the Lucom case has been passed to the Bureau of Western Hemisphere Affairs here at State. I apologize for not getting you a response on our position last evening, but we will get back to you as soon as possible today. Many thanks. Roberta Jacobson.

From: Christopher Ruddy

To: dband

Sent: Fri Sep 04, 08:01:20 2009 7:32 AM

Subject: FW: Panama case

From: Doug Band

To: Huma Abedin

Sent: Fri Sep 04 08:18:43 2009

Subject: Fw: Panama case

From: Huma Abedin

Sent: Friday, September 04, 2009 8:37:21 AM

To: Doug Band

Subject: Re: Panama case

She’s the dep assistant secretary for the whole bureau.

The Panama desk guy is on leave so I asked that she at least reach out.

(Newsmax publishes a regular Judicial Watch column.)

The new Abedin emails also include an email exchange between Sidney Blumenthal and the then-Secretary of State in which Blumenthal proposes a Clinton Global Initiative meeting in Ireland. Hillary Clinton forwarded Blumenthal’s email to Abedin, Cheryl Mills, and Doug Band saying, “I think this is a good idea and see no conflict.” Band then responded that he and Bill Clinton think it is as “great idea.”

Again, Hillary Clinton’s involvement her ethics pledge to stay of out of Clinton Foundation and Clinton Global Initiative business.  Secretary of State-designate Hillary Clinton on January 5, 2009, in a letter to State Department Designated Agency Ethics Official James H. Thessin:

“For the duration of my appointment as Secretary if I am confirmed, I will not participate personally and substantially in any particular matter involving specific parties in which The William J. Clinton Foundation (or the Clinton Global Initiative) is a party or represents a party….”

In an email exchange in late August 2009, billionaire businesswoman Lynn Forester de Rothschild intervened directly with then Hillary Clinton to set up a Parade magazine interview for journalist Les Gelb, assuring Clinton, “He said he would give you a veto over content and looked me in the eye and said, ‘she will like it.’” Abedin then instructed State Department aide Phillip Reines. Reines acquiesced responding, “Yes, we’re trying to find a date that works for Les, but he is a little, shall we say, picky.” Rothschild is a longtime Clinton Foundation supporter who in mid-May of this year held a $100,000-a-plate fundraiser for the presidential candidate.

Also in the documents is an August 2009 communication from Hillary Clinton to her aides Abedin and Lauren Jiloty asking for the phone numbers of Declan Kelly, Clinton’s former economic envoy to Northern Ireland who is co-founder and CEO of Teneo.

“The idea that the State Department would even consider a diplomatic passport for Clinton Foundation executive is beyond belief,” stated Judicial Watch President Tom Fitton.  “These emails show various violations of national security laws and ethics rules and further confirm that Hillary and Bill Clinton are personally implicated in the Clinton Foundation pay to play scandal.”

This is the eleventh set of records produced for Judicial Watch by the State Department from the non-state.gov email accounts of Huma Abedin.  The documents were produced under a court order in a May 5, 2015, Freedom of Information (FOIA) lawsuit against the State Department (Judicial Watch, Inc. v. U.S. Department of State (No. 1:15-cv-00684)) requiring the agency to produce “all emails of official State Department business received or sent by former Deputy Chief of Staff Huma Abedin from January 1, 2009 through February 1, 2013, using a ‘non-state’.gov email address.”

On August 22, Judicial Watch released 725 pages of new State Department documents, including previously unreleased email exchanges in which Hillary Clinton top aide Huma Abedin provided influential Clinton Foundation donors special, expedited access to the secretary of state. In many instances, the preferential treatment provided to donors was at the specific request of Clinton Foundation executive Douglas Band.

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Taxpayer $’s Paid for the Clinton Server(s) and Bed Bug Problems

This is going to be a long item but stick with it and you will learn some disgusting facts.

Primer:

The Former Presidents Act (FPA; 3 U.S.C. §102 note) was enacted to “maintain the dignity” of the Office of the President. The act provides the former President—and his or her spouse—certain benefits to help him respond to post-presidency mail and speaking requests, among other informal public duties often required of a former President. Prior to enactment of the FPA in 1958, former Presidents leaving office received no pension or other federal assistance. The FPA charges the General Services Administration (GSA) with providing former U.S. Presidents a pension, support staff, office support, travel funds, and mailing privileges.

Pursuant to statute, former Presidents currently receive a pension that is equal to pay for Cabinet Secretaries (Executive Level I), which for calendar year 2015 was $203,700. Executive Level I pay was increased to $205,700 for calendar year 2016. In addition to benefits provided pursuant to the FPA, former Presidents are also provided Secret Service protection and financial “transition” benefits to assist their transition to post-presidential life. Pursuant to the FPA, former Presidents are eligible for benefits unless they hold “an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate.”

The President’s FY2017 budget request seeks $3,865,000 in appropriations for expenditures for former Presidents, an increase of $588,000 (17.9%) from the FY2016 appropriation level. The increase in requested appropriations for FY2017 anticipates President Barack Obama’s transition from incumbent to former President. For FY2016, President Obama requested and received appropriations of $3,277,000 for expenditures for former Presidents—an increase of $25,000 from FY2015 appropriated levels.

By the way, former Vice Presidents have the same privilege.

***** Now for the real disgusting Clinton thing….

 Getty

Great investigative reporting by Politico: Bill Clinton used a decades-old federal government program, originally created to keep former presidents out of the poorhouse, to subsidize his family’s foundation and an associated business, and to support his wife’s private email server, a POLITICO investigation has found.

Taxpayer cash was used to buy IT equipment — including servers — housed at the Clinton Foundation, and also to supplement the pay and benefits of several aides now at the center of the email and cash-for-access scandals dogging Hillary Clinton’s presidential campaign.

This investigation, which is based on records obtained from the General Services Administration through the Freedom of Information Act, does not reveal anything illegal. But it does offer fresh evidence of how the Clintons blurred the line between their non-profit foundation, Hillary Clinton’s State Department and the business dealings of Bill Clinton and the couple’s aides.

The thousands of pages of newly uncovered records reveal sometimes granular detail about how Bill Clinton’s representatives directed the spending of taxpayer cash allocated by the GSA under the Former President’s Act.

The Act authorizes the GSA to fund the pensions, correspondence, support staff and travel of ex-presidents. It was passed in 1958 to “maintain the dignity” of the presidency by helping former commanders in chief avoid hard times like those that befell Harry S. Truman. He complained that, without help from Uncle Sam, he would be forced to “go ahead with some contracts to keep ahead of the hounds.”

The Clintons did not have this problem.

After leaving the White House “dead broke”, in the words of Hillary Clinton, they quicklyraked in tens of millions of dollars from book deals, speaking fees and consulting gigs. At the same time, Bill Clinton was relying on his connections to some of the world’s deepest-pocketed donors, corporations and governments to seed a global philanthropy operation that overlapped with his consulting work and speaking fees and his wife’s work as Secretary of State — and served as a jumping off point for her presidential campaign.

But even as the Clintons got rich and grew their foundation into a $2 billion organization credited with major victories in the fights against childhood obesity and AIDS — while paying six figure salaries to top aides — Bill Clinton continued drawing more cash from the Former President’s Act than any other ex-president, according to a POLITICO analysis. The analysis also found that Clintons’ representatives, between 2001, when the Clintons left the White House, and the end of this year, had requested allocations under the Act totaling $16 million. That’s more than any of the other living former presidents — Jimmy Carter, George H. W. Bush and George W. Bush — requested during that span.

The program supplemented the income of Clinton’s staff, while providing them with coveted federal government benefits, alleviating the need for the Clinton Foundation or other Clinton-linked entities to foot the bill for such benefits. Similarly, Clinton aides got the GSA to pay for computer technology used partly by the foundation.

An analysis of the records provided by GSA, combined with Clinton Foundation tax returns, found that at least 13 of the 22 staffers who have been paid by GSA to work for Clinton’s personal office also worked for the Clinton Foundation.

A Clinton aide said his boss’s use of the GSA program is entirely consistent with the Former Presidents Act.

Generally, the aide explained that Clinton “wears several hats — among them being former President of the United States and the founder of the Clinton Foundation. His staffing reflects those roles.”

The aide added “there is no legal prohibition that would preclude the former president’s staff from receiving compensation from other sources or doing personal work for the former presidents. We are unaware of any legal prohibition that would preclude these activities.”

The aide wouldn’t discuss specific employees, or their sources of income, explaining “the Office of Former President Bill Clinton does not discuss personnel matters.”

But using the GSA records, POLITICO pieced together a list of Clinton loyalists who at various times have had their earnings supplemented by federal payments of about $10,000-a-year using funds from the Former Presidents Act.

The list reads like a field guide to Clinton World.

It includes longtime Bill Clinton aide Justin Cooper, who despite not having a security clearance, any apparent training in cyber-security or a job at the State Department, in early 2009 helped set up the private email account that Hillary Clinton would use to send and receive classified information as Secretary of State. Her use of that system was dubbed “extremely careless” by the FBI director. Cooper continued working to maintain Clinton’s private email system — including advising her top aides Huma Abedin and Cheryl Mills on attempted hacks — through at least 2012, according to emails released by the State Department.

During some of that period, Cooper was on the GSA payroll, drawing a federal government stipend from February 2011 through 2013, according to the records obtained by POLITICO.

At the same time, though, Cooper was working with Doug Band, a trusted Bill Clinton lieutenant, and Declan Kelly, a top Hillary Clinton fundraiser-turned-State Department official, to launch a global consulting firm called Teneo. It did lucrative work for foundation donors and entities with business before Clinton’s State Department. And it signed a contract reportedly worth $3.5 million with Bill Clinton to serve as a “honorary chairman” (though the former president ultimately kept only $100,000 of that, according to his tax returns and a source familiar with the arrangement). Teneo also paid Abedin as a “senior advisor.”

All the while, Band and Abedin were working together to broker meetings between Secretary of State Clinton and donors to the foundation, where Band served as an official until 2012, drawing a salary that in some years exceeded $111,000-a-year.

Yet, despite the profitable consulting business and his foundation compensation, Band continued drawing a taxpayer-funded stipend from the GSA until 2013.

Also receiving a salary from both the GSA and the Clinton Foundation was Laura Graham, who remained in extremely close contact with Clinton’s top aide at the State Department, swapping emails about sensitive foreign policy issues. During most of her time on the GSA payroll, Graham was earning a six-figure salary from the Clinton Foundation, which topped out at $190,000 per year in 2014.

Cooper, Band and Graham are no longer on the GSA payroll, nor are they working for the foundation. They all either declined to comment or did not respond to questions about the overlap between their taxpayer-funded work, the foundation and the State Department.

According to several people familiar with the former president’s operation, the rationale behind the interwoven payrolls is that they allow for a small team to assist Clinton in a variety of settings without having to do logistically complicated hockey-like line changes. In a given day, Clinton might deliver a paid private speech (during which time his employees’ salaries could be paid by the executive services corporation) and a public speech in his capacity as a former president (during which his staff could be paid by the GSA funds). And he could attend events for the foundation (where staff time would be paid by the foundation) as well as his wife’s presidential campaign (staff time would be paid by the campaign).

The records provided by GSA show that for each pay period, Clinton’s office submitted a list of personnel to GSA who were eligible to receive pay or reimbursement for travel done on behalf of the former president, along with the number of hours worked by each Clinton aide.

For many years, that list included two influential Clinton confidants who were listed as having worked zero hours each pay period — John Podesta, the former Clinton White House chief of staff who served as the foundation’s temporary CEO in 2011, and Bruce Lindsey, the Clintons’ Arkansas confidant who served as the foundation’s CEO from 2004 through mid-2013.

A spokesman for Hillary Clinton’s presidential campaign said Podesta, who is the campaign’s chairman, was on the list because, in 2001, he was paid less than $500 for helping “transition President Clinton from the White House to a DC-based personal office to the Harlem office. Beyond that, he received no compensation for his work.”

It’s unclear if Lindsey ever received GSA payments for work or travel on behalf of the former president. Neither he nor Podesta responded to requests for comment.

A GSA spokesperson declined to comment on specific employees, but said ex-presidents have broad discretion over how they choose to divvy up the $96,600 they are provided each year for staffing. They can give the entire sum to a single employee or divide it among multiple employees.

George H. W. Bush has four people on his taxpayer-funded staff, while Bill Clinton has 10, which has been roughly his staffing level for most of his post-presidency, according to the GSA documents. That means that each earned about $9,600 a year — far from a living wage in Manhattan, where both the Clinton Foundation and Clinton’s personal office are located.

But most Clinton aides on the GSA payroll also earned far more from other groups in the Clinton orbit — from the foundation to Teneo to an entity funded by the Clintons’ personal funds called the Clinton Executive Services Corporation or CESC.

The aide to Bill Clinton said that the former president “personally pays the costs over and above what is provided for by GSA,” adding that Clinton’s contribution “far exceeds the $96,000 provided by GSA.”

The key reason for adding staffers to the GSA payroll, according to two people familiar with the Clintons’ staffing arrangements, was that each employee became eligible for full federal employee benefits, including health and life insurance and pensions. The two people familiar with Bill Clinton’s staffing said the employees on his GSA payroll almost never received benefits from either the Clinton Foundation or the CESC.

Neither the CESC nor the Clinton Foundation are obligated to release their full payrolls, and GSA wouldn’t release the names of the staff being paid through the Former President’s Act.

So POLITICO in March 2015 filed a request under the Freedom of Information Act for GSA records detailing payments made through the Act to the offices of all former presidents between 1999 and the present. Nearly 18 months later, the agency partially fulfilled the request, this week delivering thousands of pages of emails, invoices and payroll documents covering 2009 through this year.

Correspondence related to Clinton’s payroll and requested purchases of computer equipment and other office gear through GSA under the Act comprise the overwhelming majority of the records provided in response to POLITICO’s FOIA request.

That could be a quirk of the FOIA search process.

But Clinton’s reimbursement requests also seem to generate far more back-and-forth with GSA about the justification for the spending (for instance, a GSA official asked in response to a request for a bed bug removal service, “is there currently a bed bug issue … or is the request for some type of on-going maintenance services.” The answer is not included in the documents). And Clinton’s requested purchases also prompted more debate about what’s allowable under the Act.

Part of that likely stems from Clinton’s approach to his ex-presidency, which is far more active and public than that of his former commander-in-chief peers — and that’s even before factoring in his wife’s history-making political career. But the GSA records also reveal just how tricky it can be to separate the various entities, players and controversies that have circulated for decades around Bill and Hillary Clinton.

In several cases, GSA officials raised questions about whether requested furniture and IT equipment including servers were intended for the Clinton Foundation, rather than Clinton’s personal office. In at least one instance, GSA paid to purchase and maintain a specialty Lockheed Martin database system called Intranet Quorom, the supporting systems for which were housed at one time at the Clinton Foundation’s offices, and used by both foundation staff and Bill Clinton’s personal office staff to store and process his correspondence.

The Clinton aide said servers supporting the Intranet Quorom system — which is used for data storage, not email — were the only pieces of equipment purchased by GSA that were housed at the Clinton Foundation at one point, but he said it was justified by the specific circumstances around it.

“As staff needs to have the full picture of all correspondence sent by President Clinton, both staff from the Office of the Former President and the Foundation have access to, and can input into, the Intranet Quorum database,” the aide said.

The Clinton Foundation’s website suggests that there’s a strict wall between the foundation and the ex-president’s personal office. “All Foundation employees are paid for work through the Foundation payroll,” the website says. “No Foundation staff are paid for Foundation work with taxpayer dollars.”

But the aide acknowledged “staff at the Foundation and staff at the Office of the Former President may have similar tasks, and need to coordinate this work — specifically staff that handles President Clinton’s correspondence.”

That shared work is facilitated by the Lockheed Martin IQ database system, the aide said.

But the system’s dual purpose raised questions among GSA officials, who pressed Clinton’s representatives when they submitted an invoice in September 2011 to the GSA to purchase a $7,700 Dell server and other IT equipment to support the Lockheed Martin IQ database.

Clinton Foundation officials explained to the GSA that they wanted the Dell server housed at foundation headquarters rather than at Clinton’s personal office. They explained in an email that the foundation office had better air conditioning, allowing it to support “about 10-15 more servers,” and also it was where IT staff were based, so “trouble shooting with the servers can be done ASAP.”

The GSA staff asked Graham, then serving as the foundation’s COO, to demonstrate that “safeguards are in place to ensure that the servers are solely for use by” Clinton’s personal office. A note affixed to the bottom of an email produced pursuant to POLITICO’s FOIA indicates that the GSA ultimately decided not to purchase the Dell server.

Asked about the reasoning this week, a GSA spokesman suggested that Clinton’s representatives failed to provide sufficient evidence that the Dell server was not for use by the foundation.

“Consistent with the support we provide to every former President, GSA does not approve purchases for entities other than the offices of former Presidents,” the spokesman said. “In this case, GSA staff sought clarification about the intended use of proposed purchases. Ultimately, the referenced server was not purchased.”

But, perhaps highlighting the confusion caused by the overlapping spheres in the Clinton’s universe, the Clinton aide offered a different recollection. “We believe that the information GSA provided you with is incomplete. Our files show that GSA purchased the Dell server that operates the IQ database in 2010.”

Rachael Bade, Cory Bennett and Eric Geller contributed to this report.

 

 

 

 

 

 

 

Document: How Trump Forces Mexico to Pay for the Wall

Mexico Payment Plan for the Wall

Memo explains how Donald Trump plans to pay for border wall

In a two-page memo to The Washington Post, Trump outlined for the first time how he would seek to force Mexico to pay for his 1,000-mile border fence, which Trump has made a cornerstone of his presidential campaign and which has been repeatedly scoffed at by current and former Mexican leaders. Read about Trump’s plan

Mexico Payment Plan for the Wall  <— Full text here.

 

Hillary’s Responses are Under Oath

If anyone believes that Hillary herself will be crafting the responses to the 25 questions, you need to think again. Hillary likely wont even be in the same room, a fleet of lawyers will assume the task in full.

Personally, I have several additional questions that should be asked. 1. How many servers, where are they and what is being used today? 2. Where did you received classified and top secret communications? 3. Where are the communications between you, Mrs. Clinton and the Pentagon and or the White House? 4. Where are the communications regarding Syria, Russian and Iran? 5. Where are all the hardcopies of top secret materials that were delivered to you on a daily basis assuring all were placed in burn bags? 6. Where are the communications regarding the countless waivers to law you signed and list what they were and why?

Hillary Clinton to explain to court who ‘recommended’ secret email account

WashingtonTimes: Hillary Clinton will get a chance to explain why she continued to use her secret home email account for government business in defiance of repeated security warnings from her underlings — just some of the 25 questions she’ll have to answer, in writing and under oath, to a federal court.

Judicial Watch, a conservative public interest law firm, submitted the 25 questions to Mrs. Clinton Tuesday, and she now has a month to respond under the procedure set by Judge Emmet G. Sullivan.

Among the questions are who “recommended” that she use a secret email account in the first place, whether she ever told the officials responsible for archiving records that she had the secret account, and what steps she took after attempts to hack her account.

Mrs. Clinton could also have to answer whether she destroyed work-related emails.

“These are simple questions about her email system that we hope will finally result in straightforward answers, under oath, from Hillary Clinton,” Judicial Watch President Tom Fitton said in a statement as he released the 25 questions.

Mrs. Clinton eschewed a state.gov account during her time in office and instead used an account tied to a server she kept at her home in New York. That arrangement effectively thwarted open-records laws and shielded her communications from public view for more than six years.

After prodding by Congress, the State Department demanded she return her emails, and she turned over about 30,000 messages she said were work-related, and said she deleted another 30,000 that were personal — and then wiped her server.

The FBI, after a yearlong investigation, recovered thousands of work-related messages it said Mrs. Clinton failed to turn over, and said there may have been others that investigators were unable to recover thanks to Mrs. Clinton’s thoroughness in wiping the server.

Judicial Watch had tried to force Mrs. Clinton to testify in person under oath but Judge Sullivan ruled against that, instead saying that the former Cabinet official, senator and first lady, and current Democratic presidential candidate, could testify in writing.

The questions are supposed to focus on the creation, use and handling of Mrs. Clinton’s emails under open-records laws.

Mrs. Clinton has said she thought her messages were being captured because she regularly emails fellow employees on their official State Department accounts. She estimated to Congress that as many as 95 percent of the messages should have been stored that way.

But her campaign has been unable to back up that number, and Judicial Watch said that has little bearing on the other messages Mrs. Clinton exchanged with those outside of the State Department, whose mail wasn’t part of the department’s system.

“What was your understanding about how such emails would be maintained, preserved, or searched by the Department in response to FOIA requests?” Judicial Watch said in one of its questions to Mrs. Clinton.

The FBI turned over some 15,000 messages it recovered that it said Mrs. Clinton didn’t turn over to the government. It’s unclear how many of those are personal, but at least several dozen are related to the 2012 Benghazi terrorist attack, department lawyers told a federal judge Tuesday.

The State Department is now fending off a barrage of requests to go through the 15,000 messages and release them ahead of the election.

The campaign of GOP presidential nominee Donald J. Trump said the surfacing of additional Benghazi emails was troubling.

Hillary Clinton swore before a federal court and told the American people she handed over all of her work-related emails. If Clinton did not consider emails about something as important as Benghazi to be work-related, one has to wonder what is contained in the other emails she attempted to wipe from her server,” said Jason Miller, a spokesman for the campaign.

*****

The questions are:

  1. Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.
  1. Describe the creation of your clintonemail.com email account, including who decided to create it, when it was created, why it was created, and, if you did not set up the account yourself, who set it up for you.
  1. When did you decide to use a clintonemail.com email account to conduct official State Department business and whom did you consult in making this decision?
  1. Identify all communications in which you participated concerning or relating to your decision to use a clintonemail.com email account to conduct official State Department business and, for each communication, identify the time, date, place, manner (e.g., in person, in writing, by telephone, or by electronic or other means), persons present or participating, and content of the communication.
  1. In a 60 Minutes interview aired on July 24, 2016, you stated that it was “recommended” you use a personal email account to conduct official State Department business. What recommendations were you given about using or not using a personal email account to conduct official State Department business, who made any such recommendations, and when were any such recommendations made?
  1. Were you ever advised, cautioned, or warned, was it ever suggested, or did you ever participate in any communication, conversation, or meeting in which it was discussed that your use of a clintonemail.com email account to conduct official State Department business conflicted with or violated federal recordkeeping laws. For each instance in which you were so advised, cautioned or warned, in which such a suggestion was made, or in which such a discussion took place, identify the time, date, place, manner (e.g., in person, in writing, by telephone, or by electronic or other means), persons present or participating, and content of the advice, caution, warning, suggestion, or discussion.
  1. Your campaign website states, “When Clinton got to the Department, she opted to use her personal email account as a matter of convenience.” What factors other than convenience did you consider in deciding to use a personal email account to conduct official State Department business? Include in your answer whether you considered federal records management and preservation requirements and how email you used to conduct official State Department business would be searched in response to FOIA requests.
  1. After President Obama nominated you to be Secretary of State and during your tenure as secretary, did you expect the State Department to receive FOIA requests for or concerning your email?
  1. During your tenure as Secretary of State, did you understand that email you sent or received in the course of conducting official State Department business was subject to FOIA?
  1. During your tenure as Secretary of State, how did you manage and preserve emails in your clintonemail.com email account sent or received in the course of conducting official State Department business, and what, if anything, did you do to make those emails available to the Department for conducting searches in response to FOIA requests?
  1. During your tenure as Secretary of State, what, if any, effort did you make to inform the State Department’s records management personnel (e.g., Clarence Finney or the Executive Secretariat’s Office of Correspondence and Records) about your use of a clintonemail.com email account to conduct official State Department business?
  1. During your tenure as Secretary of State, did State Department personnel ever request access to your clintonemail.com email account to search for email responsive to a FOIA request? If so, identify the date access to your account was requested, the person or persons requesting access, and whether access was granted or denied.
  1. At the time you decided to use your clintonemail.com email account to conduct official State Department business, or at any time thereafter during your tenure as Secretary of State, did you consider how emails you sent to or received from persons who did not have State Department email accounts (i.e., “state.gov” accounts) would be maintained and preserved by the Department or searched by the Department in response to FOIA requests? If so, what was your understanding about how such emails would be maintained, preserved, or searched by the Department in response to FOIA requests?
  1. On March 6, 2009, Assistant Secretary of State for Diplomatic Security Eric J. Boswell wrote in an Information Memo to your Chief of Staff, Cheryl Mills, that he “cannot stress too strongly, however, that any unclassified BlackBerry is highly vulnerable in any setting to remotely and covertly monitoring conversations, retrieving email, and exploiting calendars.” A March 11, 2009 email states that, in a management meeting with the assistant secretaries, you approached Assistant Secretary Boswell and mentioned that you had read the “IM” and that you “get it.” Did you review the March 6, 2009 Information Memo, and, if so, why did you continue using an unclassified BlackBerry to access your clintonemail.com email account to conduct official State Department business? Copies of the March 6, 2009 Information Memo and March 11, 2009 email are attached as Exhibit A for your review.
  1. In a November 13, 2010 email exchange with Huma Abedin about problems with your clintonemail.com email account, you wrote to Ms. Abedin, in response to her suggestion that you use a State Department email account or release your email address to the Department, “Let’s get a separate address or device.” Why did you continue using your clintonemail.com email account to conduct official State Department business after agreeing on November 13, 2010 to “get a separate address or device?” Include in your answer whether by “address” you meant an official State Department email account (i.e., a “state.gov” account) and by “device” you meant a State Department-issued BlackBerry. A copy of the November 13, 2010 email exchange with Ms. Abedin is attached as Exhibit B for your review.
  1. Email exchanges among your top aides and assistants in August 30, 2011 discuss providing you with a State Department-issued BlackBerry or State Department email address. In the course of these discussions, State Department Executive Secretary Stephen Mull wrote, “[W]e are working to provide the Secretary per her request a Department issued BlackBerry to replace her personal unit which is malfunctioning (possibly because of her personal email server is down). We will prepare two versions for her to use – one with an operating State Department email account (which would mask her identity, but which would also be subject to FOIA requests).” Similarly, John Bentel, the Director of Information and Records Management in the Executive Secretariat, wrote, “You should be aware that any email would go through the Department’s infrastructure and [be] subject to FOIA searches.” Did you request a State Department issued Blackberry or a State Department email account in or around August 2011, and, if so, why did you continue using your personal device and clintonemail.com email account to conduct official State Department business instead of replacing your device and account with a State Department-issued BlackBerry or a State Department email account? Include in your answer whether the fact that a State Department-issued BlackBerry or a State Department email address would be subject to FOIA affected your decision. Copies of the email exchanges are attached as Exhibit C for your review.
  1. In February 2011, Assistant Secretary Boswell sent you an Information Memo noting “a dramatic increase since January 2011 in attempts . . . to compromise the private home email accounts of senior Department officials.” Assistant Secretary Boswell “urge[d] Department users to minimize the use of personal web-email for business.” Did you review Assistant Secretary Boswell’s Information Memo in or after February 2011, and, if so, why did you continue using your clintonemail.com email account to conduct official State Department business? Include in your answer any steps you took to minimize use of your clintonemail.com email account after reviewing the memo. A copy of Assistant Secretary Boswell’s February 2011 Information Memo is attached as Exhibit D for your review.
  1. On June 28, 2011, you sent a message to all State Department personnel about securing personal email accounts. In the message, you noted “recent targeting of personal email accounts by online adversaries” and directed all personnel to “[a]void conducting official Department business from your personal email accounts.” Why did you continue using your clintonemail.com email account to conduct official State Department business after June 28, 2011, when you were advising all State Department Personnel to avoid doing so? A copy of the June 28, 2011 message is attached as Exhibit E for your review.
  1. Were you ever advised, cautioned, or warned about hacking or attempted hacking of your clintonemail.com email account or the server that hosted your clintonemail.com account and, if so, what did you do in response to the advice, caution, or warning?
  1. When you were preparing to leave office, did you consider allowing the State Department access to your clintonemail.com email account to manage and preserve the official emails in your account and to search those emails in response to FOIA requests? If you considered allowing access to your email account, why did you decide against it? If you did not consider allowing access to your email account, why not?
  1. After you left office, did you believe you could alter, destroy, disclose, or use email you sent or received concerning official State Department business as you saw fit? If not, why not?
  1. In late 2014, the State Department asked that you make available to the Department copies of any federal records of which you were aware, “such as an email sent or received on a personal email account while serving as Secretary of State.” After you left office but before your attorneys reviewed the email in your clintonemail.com email account in response to the State Department’s request, did you alter, destroy, disclose, or use any of the email in the account or authorize or instruct that any email in the account be altered, destroyed, disclosed, or used? If so, describe any email that was altered, destroyed, disclosed, or used, when the alteration, destruction, disclosure, or use took place, and the circumstances under which the email was altered, destroyed, disclosed, or used? A copy of a November 12, 2014 letter from Under Secretary of State for Management Patrick F. Kennedy regarding the State Department’s request is attached as Exhibit F for your review.
  1. After your lawyers completed their review of the emails in your clintonemail.com email account in late 2014, were the electronic versions of your emails preserved, deleted, or destroyed? If they were deleted or destroyed, what tool or software was used to delete or destroy them, who deleted or destroyed them, and was the deletion or destruction done at your direction?
  1. During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.
  1. Identify all communications between you and Brian Pagliano concerning or relating to the management, preservation, deletion, or destruction of any emails in your clintonemail.com email account, including any instruction or direction to Mr. Pagliano about the management, preservation, deletion, or destruction of emails in your account when transferring the clintonemail.com email system to any alternate or replacement server. For each communication, identify the time, date, place, manner (e.g., in person, in writing, by telephone, or by electronic or other means), persons present or participating, and content of the communication.

“These are simple questions about her email system that we hope will finally result in straight-forward answers, under oath, from Hillary Clinton,” stated Judicial Watch President Tom Fitton.

In his opinion ordering Clinton to answer written questions under oath Judge Sullivan wrote:

The Court is persuaded that Secretary Clinton’s testimony is necessary to enable her to explain on the record the purpose for the creation and operation of the clintonemail.com system for State Department business.

In its July 2016 request to depose Hillary Clinton, Judicial Watch argued:

Secretary Clinton’s deposition is necessary to complete the record. Although certain information has become available through investigations by the Benghazi Select Committee, the FBI, and the State Department Inspector General, as well as through Plaintiff’s narrowly tailored discovery to date, significant gaps in the evidence remain. Only Secretary Clinton can fill these gaps, and she does not argue otherwise.

***

To [Judicial Watch’s] knowledge, Secretary Clinton has never testified under oath why she created and used the clintonemail.com system to conduct official government business. Her only public statements on the issue are unsworn.

Judge Sullivan also ordered that Judicial Watch may depose the former Director of Information Resource Management of the Executive Secretariat (“S/ES-IRM”) John Bentel by October 31.

The questions and deposition arise in a Judicial Watch Freedom of Information Act (FOIA) lawsuit before Judge Sullivan first filed in September 2013 seeking records about the controversial employment status of Huma Abedin, former Deputy Chief of Staff to Clinton.  The lawsuit was reopened because of revelations about the clintonemail.com system. (Judicial Watch v. U.S. Department of State (No. 1:13-cv-01363)).

Judicial Watch has already taken the deposition testimony of seven Clinton aides and State Department officials.

For further information on this case, click here.

Yup, He Commuted Another 111 Sentences

Obama Commutes Sentences Of 111 Federal Inmates Convicted Of Non-Violent Drug Charges

 

WASHINGTON (AP) — President Barack Obama has cut short the sentences of 111 federal inmates in another round of commutations for those convicted of nonviolent drug offenses

Obama has long called for phasing out strict sentences for drug offenses, arguing they lead to excessive punishment and incarceration rates unseen in other developed countries.

White House Counsel Neil Eggleston says the commutations underscore the president’s commitment to using his clemency authority to give deserving individuals a second chance.

He says that Obama has granted a total of 673 commutations, more than the previous 10 presidents combined. More than a third of the recipients were serving life sentences.

Eggleston says he expects Obama to continue granting commutations through the end of his administration, but only legislation can ensure the federal sentencing system operates more fairly.

Prisoner applications are being reviewed by more than 1,000 attorneys at 323 law firms and organizations nationwide, pro bono. In the meantime, more than 35,000 inmates — about 16 percent of the federal prison population — have applied to have their sentences shortened under the Justice Department-led initiative. More her from the WashingtonPost.

This the program began under Eric Holder.

Obama has enacted his own SAFE Act, legislation that has not advanced, so he is using his pen and phone instead. Note the title ‘SAFE’….safe for who exactly?

The Safe, Accountable, Fair, and Effective (SAFE) Justice Act Rep. Jim Sensenbrenner and Rep. Bobby Scott

States Lead the Way in Corrections Reform

Since 1980, Congress has steadily increased the size and scope of the federal criminal code and with it the federal prison population. In that period, the federal government has added an estimated 2,000 new crimes to the books, while the federal imprisonment rate has grown by an astounding 518 percent. During the same period, annual spending on the federal prison system rose 595 percent, from $970 million to more than $6.7 billion, after adjusting for inflation.

Like the federal government, states also recorded sharp increases in imprisonment and associated costs over the past 30 years. During the past decade, however, the states have responded by reducing their imprisonment rate by 4 percent while the federal imprisonment rate jumped 15 percent. The state drop was driven in large part by comprehensive reform efforts in more than two dozen states designed to protect public safety while containing costs and preventing further growth in government programs.

These state reforms have returned dividends to taxpayers many times over: from Texas and Wisconsin to Rhode Island, from Georgia and South Carolina to New York, 32 states have reduced both their crime and imprisonment rates over the past five years. Cumulative cost savings in a subset of these states exceed $4.6 billion, and millions have been reinvested in prison alternatives better at breaking the cycle of recidivism.

The Safe, Accountable, Fair, and Effective (SAFE) Justice Act

The SAFE Justice Act is bipartisan legislation that puts lessons learned in the states to work at the federal level. The legislation protects public safety and reins in escalating corrections costs by –

Curtailing overcriminalization – requires public disclosure of regulatory criminal offenses; allows victims of regulatory over-criminalization to contact the inspector general; restores discretion to judges to determine to what extent manipulated conduct that results from fictitious law enforcement “stings” may be considered in court; protects against wrongful convictions; creates procedures to simplify charging and safely reduce pre-trial detention; and eliminates federal criminal penalties for simple drug possession in state jurisdictions.

Increasing use of evidence-based sentencing alternatives – expands eligibility for pre-judgment probation; promotes greater use of probation for lower-level offenders; and encourages judicial districts to open drug, veteran, mental health and other problem solving courts.

Concentrating prison space on violent and career criminals – clarifies original Congressional intent by examining the role an offender plays in a drug offense and targeting higher-level traffickers for mandatory minimums and recidivist enhancements; applies life sentences for drug trafficking only in the most egregious cases; allows eligible offenders to petition for resentencing under new trafficking laws; modestly expands the drug trafficking safety valve; clarifies that mandatory minimum gun sentences can only run consecutively when the offender is a true recidivist; and expands compassionate release for lower-risk geriatric and terminally-ill offenders.

Reducing recidivism – expands earned time to encourage more inmates to participate in individualized case plans designed to reduce their likelihood of reoffending; seeks to boost success rates of offenders on probation and post-prison supervision by mandating swift, certain and graduated sanctions for violations and offering credits for those who are compliant; creates a performance-incentive funding program; creates mental health and de-escalation training programs for prison personnel; and mandates the use of performance-based contracting for half-way houses.

Increasing government transparency and accountability – requires fiscal impact statements for sentencing and corrections bills; requires sentencing cost analyses to be disclosed in pre-sentencing reports; adds a non-voting federal defender rep. on the U.S. Sentencing Commission; requires the calculation of good time as Congress intended; requires federal agencies to report on corrections populations and recidivism rates, among other indicators; reauthorizes the Innocence Protection Act and directs the Attorney General to develop best practices to reduce wrongful convictions; and encourages prison savings to be invested in strengthening safety measures for law enforcement.

The Research Foundation for the SAFE Justice Act

The SAFE Justice Act, like the comprehensive corrections reforms enacted in many states, draws from the large and growing body of research about what works to reduce recidivism, including the following principles:

To deter offending, use swift and certain responses – Research demonstrates that delayed, unpredictable, and severe responses are less effective than swift, certain, and fair sanctions. Swift and certain responses—both punishments and rewards—are more effective because they help offenders see the response as a direct consequence of their behavior and because offenders heavily discount uncertain and distant responses.

States that have implemented swift and certain responses include Washington, Georgia, and West Virginia.

Earned time policies can reduce recidivism – Research demonstrates that rewards and incentives can work to change offending behavior and reduce recidivism. The benefits of earned time policies for inmates and earned compliance credits for offenders under probation or post-release supervision include lower costs (through accelerated release) and lower recidivism (by shifting correctional resources to those offenders who continue to violate rules and break laws).

States that have built earned time into their prison systems include Kentucky, Maryland, and Louisiana. States that have built earned time into their supervision systems include South Dakota, Mississippi, and Arkansas.

For drug offenders, sentence strategically – The most vicious, predatory and high-level drug offenders warrant prison cells to avert the harm they cause to individuals and communities, but research shows that long terms of incarceration for the vast majority of mid-level couriers, distributors and dealers has little impact on public safety. While imprisonment may temporarily disrupt a drug market, the “replacement effect”—whereby new recruits quickly replace those imprisoned for mid-level roles—negates the impact of incarceration on drug price, availability, or related crime. Instead, prison time should be focused on violent or kingpin drug traffickers who are controlling the marketplace.

States that have recalibrated their drug sentencing systems to differentiate higher-level from lower-level offenders include South Dakota, Georgia, and South Carolina.

Focus on high-risk offenders – For many lower-level offenders, especially those whose criminal conduct is driven largely by substance abuse, alternatives like drug and mental health courts, treatment programs, and intensive supervision both hold offenders accountable and work better to reduce recidivism. In fact, research suggests that for many lower-risk and less serious offenders a prison sentence may actually be responsible for an increase in recidivism by encouraging anti-social ties and breaking bonds at home.

States that have encouraged diversion of lower-level offenders to prison alternatives include Mississippi, California, and Illinois.

Age matters – Research has long shown that age is one of the most significant predictors of criminality, with criminal or delinquent activity peaking in late adolescence and decreasing significantly with time. As a result, imprisonment of offenders into their 50s, 60s and 70s provides diminishing and often negligible public safety returns. Implementing smart, targeted geriatric release programs can ensure heinous offenders remain behind bars while cutting down on costs and maintaining public safety.

States that have implemented geriatric or compassionate release programs include Alabama, Colorado, and Montana.