WH Ignoring Law Banning Russian Arms to Iran

Obama Admin Under Scrutiny for Ignoring U.S. Law Banning Russian Arms Sale to Iran

White House stalls congressional inquiry into its failure to invoke law

FreeBeacon: The Obama administration is stalling a congressional inquiry into its ongoing refusal to uphold a U.S. law that would sanction Russia for selling advanced missile systems to Iran, according to recent communications between the State Department and Congress exclusively obtained by the Washington Free Beacon.

President Obama has the authority under U.S. law to designate as illegal Russia’s recent sale to Iran of the advanced S-300 missile system, a long-range weapon that would boost the Islamic Republic’s military capabilities.

 

The administration has so far declined to exercise its sanction authority under law and has been stalling attempts by Congress to discern the rationale behind this decision, prompting accusations that the administration is ignoring U.S. law and “acquiescing” to the sale in order to preserve last summer’s comprehensive nuclear deal.

Rep. Steve Chabot (R., Ohio), who first launched an inquiry challenging the administration’s reluctance to sanction the sale in early April, told the Free Beacon that the White House is continuing to punt questions from lawmakers, jeopardizing efforts by Western nations to block the arms sale.

The administration informed Chabot on June 8—more than two months after his initial request—that it has not reached a determination as to whether it will move forward with sanctions as specified under the law.

Obama administration officials reiterated this stance when contacted by the Free Beacon late last week.

“Frankly, I’m disappointed in the administration’s response to my letter requesting a quick determination that Russia’s transfer of the S-300 missile system to Iran is progressing their efforts to acquire advanced conventional weapons systems,” Chabot told the Free Beacon. “Unfortunately, the administration’s abysmal response indicates that they are more than reluctant to provide a determination on this case—which is exceptionally disconcerting considering the administration admits they have been trying to persuade Russia not to proceed with the weapon transfer.”

U.S. officials continue to avoid specifying whether the president will use current U.S. laws to designate the sale as illicit and place sanctions upon Russia.

This power, granted under the Iran-Iraq Arms Nonproliferation Act of 1992, allows the president to sanction any sale of “advanced conventional weapons” to Iran by other nations.

Obama administration officials have not explained why the law is still not being followed months after Russia announced it had made good on the multi-million dollar arms sale to Iran.

“We regret the delay in responding to your inquiry,” the State Department informed Chabot in its most recent communication, according to a copy viewed by the Free Beacon.

While the administration remains “concerned” about the S-300 sale, it is not prepared to take action, according to the State Department, which was ordered by the White House to provide Chabot’s office with a response.

“We remain concerned about this and have strongly urged Russia not to proceed with the sale of an S-300 system to Iran, as the transfer of these surface-to-air weapons systems to Iran would add to tension in the region and be clearly inconsistent with our common nonproliferation goals,” the State Department wrote to Chabot.

“The Department will continue to implement, as required, the various sanctions authorities we have to support our non-proliferation priorities,” the letter adds.

A State Department official further told the Free Beacon it has not yet decided how to react to the sale.

“We’re continuing to closely follow reports concerning the delivery of the S-300 missile system from Russia to Iran,” said the official, who was not authorized to speak on record. “We have not yet made any determination as to whether this delivery, if and when complete, would trigger any actions under U.S. authorities.”

Lawmakers, as well as reporters, have been trying for months to obtain answers from the administration about the sale. So far, U.S. officials have declined to provide a rationale as to why the administration has not exercised its sanction authority.

“These systems would significantly bolster Iran’s offensive capabilities and introduce new obstacles to our efforts to eliminate the threat of an Iranian nuclear weapon. I believe existing U.S. sanctions should be used to deter Russia from transferring this or other dangerous weapons systems to Iran,” Chabot wrote in his initial inquiry to the White House.

Obama administration officials are fighting against enforcing U.S. laws designating the sale in order to keep Iran from breaking its commitments under the nuclear agreement, according to one foreign policy adviser who works intimately with Congress on the issue.

“The Obama administration seems willing to let Iran get away with anything, up to and including acquiring destabilizing weapons that will remake the military balance in the Middle East, just to preserve the nuclear deal,” the source said. “It’s difficult to imagine what would ever trigger U.S. action, if importing these missiles that make Iran immune from outside pressure isn’t enough. Critics of the Iran deal predicted a lot of this, but the collapse on S-300s is worse than many of them imagined.”

 

Demand the Pen and Phone for the Alien Enemies Act

 

   

8 Terror Attacks in Almost 8 Years: America Has Averaged One Terror Attack a Year Under Obama’s Watch

NYPost: America has now averaged one serious Islamic terrorist attack a year on President Obama’s watch, yet he still insists the threat from radical Islam is overblown and that he’s successfully protecting the nation.

If only hubris could be weaponized!

In the wake of Omar Mateen’s Orlando massacre, Obama whined about growing criticism of his terror-fighting strategy. But boy, does he deserve it. His record on terrorism is terrible, and Hillary Clinton should have a tough time defending it.

Here we are in the eighth year of his presidency, and the nation has now suffered eight significant attacks by Islamist terrorists on US soil or diplomatic property — an average of one attack a year since Obama’s been in office, with each new attack seemingly worse than the last.

And there’s six long months left to go.

Obama said Orlando “marks the most deadly shooting in American history.” Actually, it was the second-worst act of Islamic terrorism in American history, replacing in six short months the San Bernardino massacre as the deadliest terrorist attack on US soil since 9/11.

Here are the previous seven:

December 2015: Syed Farook and Tashfeen Malik, a married Pakistani couple, stormed a San Bernardino County government building with combat gear and rifles and opened fire on about 80 employees enjoying an office Christmas party. They killed 14 after pledging loyalty to ISIS. A third Muslim was charged with helping buy weapons.

July 2015:
Mohammad Abdulazeez opened fire on a military recruiting center and US Navy Reserve center in Chattanooga, Tenn., where he shot to death four Marines and a sailor. Obama refused to call it terrorism.

May 2015: ISIS-directed Muslims Nadir Soofi and Elton Simpson opened fire on the Curtis Culwell Center in Garland, Texas, shooting a security guard before police took them down.

April 2013:
Dzhokhar and Tamerlan Tsarnaev, Muslim brothers from Chechnya, exploded a pair of pressure-cooker bombs at the Boston Marathon, killing three and wounding more than 260. At least 17 people lost limbs from the shrapnel.

September 2012: Terrorists with al Qaeda in the Maghreb attacked the US Consulate in Benghazi, Libya, killing the US ambassador, a US Foreign Service officer and two CIA contractors. Obama and then-Secretary of State Clinton misled the American people, blaming the attack on an anti-Muslim video.

November 2009: Army Maj. Nidal Hasan opened fire on fellow soldiers at Fort Hood, Texas, killing 13. Obama ruled it “workplace violence,” even though Hasan was in contact with an al Qaeda leader before the strikes and praised Allah as he mowed down troops.

June 2009:
Al Qaeda-trained Abdulhakim Muhammad opened fire on an Army recruiting office in Little Rock, Ark., killing Pvt. William Long and wounding Pvt. Quinton Ezeagwula.

So there you have it — an average of one serious terror strike against the United States every year on Obama’s watch. And we’re not even counting the underwear bomber, Times Square bomber, Fed Ex bombs and other near-misses.

History will not be kind to this president’s record.

When he came into office, Obama vowed to defeat terrorism using “all elements of our power”: “My single most important responsibility as president is to keep the American people safe. It’s the first thing that I think about when I wake up in the morning. It’s the last thing that I think about when I go to sleep at night.”

But it soon became clear he wasn’t serious.

In June 2009, Obama traveled to Cairo to apologize to Muslims the world over for America’s war on terror. Then he canceled the war and released as many terrorists as he could from Gitmo, while ordering the FBI and Homeland Security to delete “jihad” and other Islamic references from their counterterrorism manuals and fire all trainers who linked terrorism to Islam, blinding investigators to the threat from homegrown jihadists like Mateen.

Obama also stopped a major investigation of terror-supporting Muslim Brotherhood front groups and radical mosques, while opening the floodgates to Muslim immigrants, importing more than 400,000 of them, many from terrorist hot spots Syria, Iraq, Somalia, Saudi Arabia and Pakistan.

Attack after attack, the president has ridiculously maintained that global warming is a bigger threat than global terrorism. Americans are fed up. Even before San Bernardino and Orlando, polls showed Obama was widely viewed as soft on Islamist terrorists. He has an absolutely awful record keeping us safe from terrorism.

And this is the security mantle Hillary is so proud to inherit? Good luck with that.

Paul Sperry is author of “Infiltration: How Muslim Spies and Subversives Have Penetrated Washington” and “Muslim Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America.”

***** Now for the human dimension to protect the homeland.

Obama has the authority to use his pen and phone on two options, declare a presidential proclamation or apply the law, The Alien Enemies Act. This can only be done during a time of war, such that the United States remains in a war since 2001. There is no question that the battlefields have remained the same while additional areas of hostilities have been added. The enemy is dynamic and has moved for at least a decade and the terror soldiers wear no flag patch of loyalty to a country but rather to a militant Islamic doctrine. Former President George W. Bush using all the legal and historical experts was correct in using the term ‘enemy combatant’.

As noted above, in the last 8 years, enemy combatants have brought the war, the hostilities and death to the homeland. This is the time for the sitting president to apply his authority which would provide more aggressive actions be taken by all law enforcement and investigative agencies in the United States asserting a higher level of protection. To not do so, is reckless, antithetical to his oath and to all the others that pledge the same oath. The United States is in a national security crisis and it must be declared. Consider, this is not just about the homeland, all foreign locations such as diplomatic posts or embassies are part of U.S. sovereign land where any location that is attack would also require presidential action.

The Alien Enemies Act is still on the books today, such that it is extraordinary that no one in Congress has in fact demanded it be applied. There are those that walk among us in this nation that are from and loyal to hostile nations.

Related reading:  Proclamation 2685–Removal of alien enemies

Related reading: Truman, Proclamation 2685

Related reading: Executive Order 9066

While this summary could be considered rhetorical, nonetheless it is real and this is our mission, our battle to win or lose.

SECTION 1. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United Slates, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Read the full Act here.

1.0 Million Green Cards to be Issues by DHS

1M Immigrants From Muslim Countries Admitted During Obama’s Presidency

The Obama Administration is on track to issue 1 million green cards to immigrants from countries where Muslims are in the majority, according to an analysis of Department of Homeland Security data released Friday.

According to the DHS Yearbook of Immigration Statistics, green cards were issued to 832,014 people from Muslim-majority countries in the first six fiscal years of the Obama administration, from fiscal years 2009-2014, the Senate Subcommittee on Immigration and the National Interest report shows.

In addition, the numbers of green cards increased dramatically in the last two fiscal years of the report, for 2013 and 2014. The records show that 117,423 green cards were issued in fiscal year 2013, compared to 148,810 in fiscal year 2014, for an increase of nearly 27 percent.

The reports show that in the first six fiscal years President Barack has held office, the United States issued green cards to an average of 138,669 migrants from Muslim-majority countries every year, and if the trends continue, the United States will have issued green cards to at least 1.1 million migrants from such countries by the time Obama leaves office in January.  Read more here from NewsMax.

 

The vetting for migrants and refugees is performed by the UN High Commission for Refugees. The UNHCR operates in panic mode, simply rubber-stamping approval due to volume. So, let’s make a movie.

Stars ask you to stand #WithRefugees

More than 60 stars of film, TV and music have joined refugees, faith leaders and UNHCR to back a petition highlighting the plight of forcibly displaced people.

 

GENEVA, June 16 (UNHCR) – More than 60 stars from the worlds of film, TV and music joined refugees, faith leaders and UN Refugee Agency staff today to urge you to stand #WithRefugees and sign a petition on behalf of the world’s forcibly displaced.

The petition aims to gather public support for the growing number of families forced to flee conflict and persecution worldwide, who currently face heightened anti-refugee rhetoric coupled with greater restrictions to asylum.

It calls on governments to ensure every refugee child gets an education; that every refugee family has somewhere safe to live, and can work or learn skills to make a positive contribution to their community.

Despite the fact that the FBI and CIA director have said that Syrian refugees cannot be screened properly, Barack Obama has put the program to resettle Syrian refugees in the country on the fast track.

The AP reported that so far only about 1,000 Syrian families have been brought to the US but that was because the process took 18 to 24 months.  The US now has a speeded up “surge operation” in place.

“The 10,000 (figure) is a floor and not a ceiling, and it is possible to increase the number,” Kassem told reporters. High-risk groups are given priority to include unaccompanied minor, victims of torture and gender-based violence. The UNHCR insists that the US resettle 65,000 Syrian refugees. 

In part from FNC: The danger posed by people coming from terrorism-infested regions has been a hotly contested issue, as is the potentially outsized impact on the small American communities often called upon to receive them. What does not appear in doubt is the hefty price tag, which is projected to total some $644 million over those refugees’ first five years in the United States.

Unlike other classes of immigrants, refugees are immediately eligible for a full range of welfare benefits.

The figure comes from an analysis performed by the Center for Immigration Studies, which looked at processing and administrative costs of the federal agencies, money for assistance provided to refugees directly or through federally funded nonprofit organizations and consumption of government-assistance programs. Unlike other classes of immigrants, refugees are immediately eligible for a full range of welfare benefits.

Camarota, director of research for the Washington-based think tank, estimated costs of the federal welfare programs by examining five-year usage rates contained in a report by the Office of Refugee Resettlement. The most recent figures, show usage rates for welfare programs by refugees from the Middle East that are even higher for most programs than when Camarota first wrote the report.

Refugees from the Middle East use those programs at rates that far exceed participation by refugees from any other region. In five of seven programs, the percentage of Middle Eastern refugees participating are higher than those of refugees from Africa, the region with the next-highest usage rates. In some cases, the rates are substantially higher. Nearly nine in 10 were on food stamps, for instance, compared with 80 percent of African refugees.

“The Middle East really stands out,” said Camarota, who speculated that the disparity might be due to deficiencies in eduction, English proficiency or job skills. “There’s something special about Middle Easterners in the cost of these programs.”

The Office of Refugee Resettlement Report, however, indicates that Middle Easterners arrived with better English skills and more education than those from other parts of the world.

If the latest participation figures hold up for the Syrians admitted between Oct. 1 last year and Sept. 30 this year, Camarota’s five-year cost projection — $64,370 per person and $257,481 per household — may be low-ball estimates.

Ira Mehlman, a spokesman for the Federation of American Immigration Reform, said it would be more cost-effective for the United States to provide financial assistance to Jordan and Turkey, which are housing the bulk of refugees who fled war-torn Syria. Those refugees also would have an easier time returning home after the fighting ends.

“In terms of helping people, you get far more for your money helping people close to where they live,” he said. Read more details here.

 

 

This is the End of Integrity for the VA

Curious, but factual, it comes down to protecting the unions at the VA. Some locations operate with four unions, while the larger VA facilities have five unions, the worst being SEIU.

This is the reason, the Department of Justice is protecting legal actions at the VA and wont allow the FBI to do deeper investigations for fraud, waste and corruption. Need more proof?

Top VA benefits official Pummill retires

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AirForceTimes: Danny Pummill, who took over the post last October, said in a letter to VBA employees that he had planned to retire from his deputy post in 2015 but remained on the job after being asked to oversee the agency. The retired Army colonel has worked at VA since 2010.

The job of overseeing $90 billion in veterans benefits and dozens of regional offices nationwide now falls to acting principal deputy undersecretary Tom Murphy, who has been serving in that role since Pummill’s promotion last fall.

Pummill was suspended for two weeks in March for “lack of oversight” in a relocation scandal involving two other high-ranking VA administrators, a reprimand that irritated some lawmakers who wanted harsher punishment for what appeared to be unwarranted promotions for longtime bureaucrats. Read full summary here.

 

VA won’t use its fast-track firing powers anymore

MilitaryTimes: Veterans Affairs officials will stop using streamlined disciplinary powers to punish senior department executives after another legal challenge to the congressionally backed process, Capitol Hill officials said Friday.

The move all but resets VA accountability rules to two years ago, when the expedited removal authority was approved by lawmakers in the wake of the department’s wait times scandal.

It also provides new urgency for a series of VA-related accountability bills stalled in Congress, given elected officials’ belief that department leaders have not been aggressive enough in dealing with misbehavior and possible criminal activity among VA employees.

Senate Veterans’ Affairs Committee Chairman Johnny Isakson, R-Ga., called the department’s decision infuriating.

“It is outrageous and unconscionable that the VA is choosing to blatantly ignore all of the accountability reforms set in place by the Veterans Choice Act,” he said. “Two years ago, veterans were forced to wait far too long for care because of incompetent executives. Since then, we’ve seen scandal after scandal emerge at the department.

“While some progress has been made to hold bad actors accountable, there is still a long way to go and choosing to ignore these key reforms is a slap in the face to our veterans.”

VA leaders have long complained about the value of the new disciplinary powers, noting that as written they apply only to a small segment of department employees — senior executives — and create problematic legal questions about appeals.

Only a few individuals have been disciplined under the rules, and the Merit Systems Protection Board has overturned proposed punishment in several other cases.

Earlier this month, U.S. Attorney General Loretta Lynch said the new law speeding up executive firings is unconstitutional because it does not afford those workers proper appeals. The VA decision to dump the entire accountability process passed in 2014 comes as a direct result of that Justice Department stance.

Isakson said the announcement should be seen as a call for Congress to act quickly on new legislation.

“I am not going to stand by and watch the VA continue to look the other way while another one of its own gets away with egregious misconduct at the expense of veterans’ access to quality care and services,” he said.

Earlier this year Isakson introduced a sweeping veterans reform measure which includes new disciplinary rules, including a provision to requiring all appeals by executives to be heard by the VA secretary, and not an outside arbiter.

It would also grant other expedited firing and hiring authorities for more VA employees, and shorten the appeals process for every VA worker.

VA leaders have voiced support for the bill. Federal union officials have have objected to the provisions as too harsh, while congressional critics have labeled the plan too lenient. Isakson had hoped to move the measure through his chamber last month, but the legislation has remained stalled.

House lawmakers last summer passed a new VA accountability act along party lines, with revised whistleblower protections and different appeals provisions. That legislation has yet to move in the Senate.

VA leaders have repeatedly stated that they take disciplinary issues seriously, but also don’t see demotions and dismissals as the only way to improve service throughout the department.

Earlier this year, VA Secretary Bob McDonald told lawmakers that more than 2,600 department employees have been dismissed since he assumed office in August 2014, but lawmakers have questioned whether that figure shows an increase in accountability or normal turnover for the 300,000-plus-person bureaucracy.

States Complying with DOJ/FBI Facial Recognition Database

 

 

GAO: The Department of Justice’s (DOJ) Federal Bureau of Investigation (FBI) operates the Next Generation Identification-Interstate Photo System (NGI-IPS)— a face recognition service that allows law enforcement agencies to search a database of over 30 million photos to support criminal investigations. NGI-IPS users include the FBI and selected state and local law enforcement agencies, which can submit search requests to help identify an unknown person using, for example, a photo from a surveillance camera. When a state or local agency submits such a photo, NGI-IPS uses an automated process to return a list of 2 to 50 possible candidate photos from the database, depending on the user’s specification. As of December 2015, the FBI has agreements with 7 states to search NGI-IPS, and is working with more states to grant access. In addition to the NGI-IPS, the FBI has an internal unit called Facial Analysis, Comparison and Evaluation (FACE) Services that provides face recognition capabilities, among other things, to support active FBI investigations. FACE Services not only has access to NGI-IPS, but can search or request to search databases owned by the Departments of State and Defense and 16 states, which use their own face recognition systems. Biometric analysts manually review photos before returning at most the top 1 or 2 photos as investigative leads to FBI agents.

DOJ developed a privacy impact assessment (PIA) of NGI-IPS in 2008, as required under the E-Government Act whenever agencies develop technologies that collect personal information. However, the FBI did not update the NGI-IPS PIA in a timely manner when the system underwent significant changes or publish a PIA for FACE Services before that unit began supporting FBI agents. DOJ ultimately approved PIAs for NGI-IPS and FACE Services in September and May 2015, respectively. The timely publishing of PIAs would provide the public with greater assurance that the FBI is evaluating risks to privacy when implementing systems. Similarly, NGI-IPS has been in place since 2011, but DOJ did not publish a System of Records Notice (SORN) that addresses the FBI’s use of face recognition capabilities, as required by law, until May 5, 2016, after completion of GAO’s review. The timely publishing of a SORN would improve the public’s understanding of how NGI uses and protects personal information.

Prior to deploying NGI-IPS, the FBI conducted limited testing to evaluate whether face recognition searches returned matches to persons in the database (the detection rate) within a candidate list of 50, but has not assessed how often errors occur. FBI officials stated that they do not know, and have not tested, the detection rate for candidate list sizes smaller than 50, which users sometimes request from the FBI. By conducting tests to verify that NGI-IPS is accurate for all allowable candidate list sizes, the FBI would have more reasonable assurance that NGI-IPS provides leads that help enhance, rather than hinder, criminal investigations. Additionally, the FBI has not taken steps to determine whether the face recognition systems used by external partners, such as states and federal agencies, are sufficiently accurate for use by FACE Services to support FBI investigations. By taking such steps, the FBI could better ensure the data received from external partners is sufficiently accurate and do not unnecessarily include photos of innocent people as investigative leads.

*** The Privacy Act of 1974 places limitations on agencies’ collection, disclosure, and use of personal information maintained in systems of records.3 The Privacy Act requires agencies to publish a notice—known as a System of Records Notice (SORN)—in the Federal Register identifying, among other things, the categories of individuals whose information is in the system of records, and the type of data collected.4 Also, the E-Government Act of 2002 requires agencies to conduct Privacy Impact Assessments (PIA) that analyze how personal information is collected, stored, shared, and managed in a federal system.5 Agencies are required to make their PIAs publicly available if practicable.  See the entire report here from the General Accounting Office.