WH Conference Calls on SCOTUS Nominations

White House Reaches Out to Asian-American Leaders About Supreme Court Seat

NationalLawJournal: A White House official held a conference call Thursday evening with Asian-American and Pacific Islander leaders to discuss the U.S. Supreme Court. Several Asian-American judges have been discussed as leading candidates for the late Justice Antonin Scalia’s seat.

Judges considered possible nominees include Sri Srinivasan of the U.S. Court of Appeals for the D.C. Circuit, Jacqueline Nguyen of the Ninth Circuit and Judge Denny Chin of the Second Circuit.

(l-r) Denny Chin, Sri Srinivasan, and Jacqueline Nguyen.

Invitations to join the call—which was off the record, according to a copy of the invitation email obtained by The National Law Journal—were disseminated by email and on social media. The Asian American Bar Association of New York posted a notice about it on its Facebook page.

Tina Tchen, an assistant to President Barack Obama and chief of staff to First Lady Michelle Obama, led the Thursday call, according to the email invitation.

The email invitation about the call from the White House did not include details about what would be discussed. A lawyer who was on the call said that Tchen did not identify possible nominees. The call was focused generally on motivating and organizing the Asian American community to support the president’s nominee.

Tina Matsuoka, executive director of the National Asian Pacific American Bar Association in Washington, said the call signaled the White House’s acknowledgement of excitement in the Asian-American community that the next Supreme Court justice could become the first Asian-American to sit on the high court.

“This meeting is consistent with this administration’s engagement with various constituent groups,” Matsuoka said. “I think it’s consistent with their efforts to focus on diversity inclusion on the federal bench.”

At a press briefing earlier this week, White House spokesman Josh Earnest said that officials were “going to engage with outside groups as the President makes a decision about who to put forward for a nomination to the Supreme Court” and would continue to engage those groups after a nominee was announced “in terms of making the case that the Senate should fulfill its constitutional obligations.”

“The truth is the engagement on the part of the White House with outside organizations that are interested in being involved in the political process is something that happens every day on a wide variety of issues,” Earnest said. “Obviously the Supreme Court is different and unique because it’s not something that comes up every year, it only comes up every once in a blue moon. And sometimes, like this year, it can come up unpredictably, without any advance warning.”

The White House has not said when President Obama will announce a nominee for Scalia’s seat. Obama was traveling in Milwaukee on Thursday afternoon. A White House spokesman, Eric Schultz, told reporters on Thursday that “this is something the president is spending a lot of time on … reviewing potential candidates, meeting with his team, and really looking for the best person for the job.”

The New York Times reported Wednesday that Jane Kelly, a judge on the U.S. Court of Appeals for the Eighth Circuit, was being considered. The NLJ reported last week that the White House was also reviewing Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia.

Matsuoka said she and other members of the Asian-American community were looking for assurance from the White House that Asian-American candidates are “seriously considered for the vacancy.”

“We’ve been really excited that there’s a number of Asian-Americans who have been talked about in the mainstream press, and it’s really galvanized the community,” Matsuoka said.

The White House has met with constituent and advocacy groups in the leadup to Supreme Court nominations in the past. As Obama considered candidates for the seat that would eventually go to Justice Sonia Sotomayor in 2010, the White House met with liberal advocacy groups, including Hispanics for a Fair Judiciary Coalition, CNN reported at the time.

Read more: http://www.nationallawjournal.com/id=1202751291108/White-House-Reaches-Out-to-AsianAmerican-Leaders-About-Supreme-Court-Seat#ixzz41tBs0TR6

 

When Sharia/ISIS Goes Capitalist and Trading

Islamic State ‘earning millions by playing the stock market’

Group using cash looted from banks in Mosul to speculate on international currency markets

Telegraph: Isil is making millions of dollars for its war chest by playing foreign currency markets under the noses of bank chiefs, it was revealed today.

The terror group is earning up to $20m (£14.29m) a month by funnelling dollars looted from banks during its takeover of the Iraqi city of Mosul into legitimate currency markets in the Middle East.

It then makes huge returns on currency speculation, which are then wired back via unsuspecting financial authorities in Iraq and Jordan, a parliamentary committee was told on Wednesday.

Islamic State of Iraq and the Levant’s (Isil) extraordinary venture into white collar crime is now a major source of income, along with oil smuggling and extortion from people living in Isil-controlled areas.

Details of the scam emerged during a hearing of a specially-convened Foreign Affairs sub-committee set up to examine Britain’s role in Isil financing.

The hearing was told that Isil finance chiefs would play the international stock markets using cash looted during their 2014 take over of Mosul, in which the group got its hands on an estimated $429m from the city’s central bank.

They also used money “siphoned off” from pension payments that are still being made by the Iraqi government to civil servants living in the city.

The details were revealed to the hearing by John Baron, the sub-committee’s chair, who demanded to know whether the British government – which has pledged to help cut off Isil’s finance networks – was taking proper action against it.

“The cash that Isil has looted, along with siphoned off pension payments, is routed into Jordanian banks and brought back into the system via Baghdad,” he said. “That allows the system to be exploited by Isil, in that they take a turn (profit) on the foreign currency actions and siphon that cash back.”

The profits were channeled back into Isil coffers by “hawala” transfers, an unregulated system of money transfer whereby cash payments are made via agents in one country after a similar amount is presented as collateral in another.

Infographic: How Does ISIS Fund Itself?  | Statista

Tobias Ellwood, a junior Foreign Office minister, admitted to the committee that there was a “porousness” in the local financial system but said that work was now underway to shut it down. It had been done without the active connivance of bank staff, he added.

In December, the Central Bank of Iraq named 142 currency-exchange houses in Iraq that the US suspected of moving funds for Islamic State. It banned them from its twice-monthly dollar auctions in a bid to stop the terror group getting its hands on the cash – a main source of exchange in war-torn Iraq.

But Mr Ellwood conceded: “Iraq could have moved faster on this”. Asked if the similar moves had been made in Jordan, he said he was unable to give an answer.

“Jordan plays an important role in the (anti-Isis) coalition,” he added. “Work is being done to close it down, I don’t think there is anything near as much from that source of revenue as before.”

The committee heard claims that Isil’s “rake off” from foreign currency speculation was a “significant part of their income stream”, although Mr Ellwood said he thought that estimates of $20m were excessive.

**** 

Spiegel: Some members of the intelligence community even view spying in the global financial system with a certain amount of concern, as revealed by a document from the NSA’s British counterpart — the Government Communications Headquarters (GCHQ) — that deals with “financial data” from a legal perspective and examines the organization’s own collaboration with the NSA. According to the document, the collection, storage and sharing of “politically sensitive” data is a highly invasive measure since it includes “bulk data — rich personal information. A lot of it is not about our targets.”

Indeed, secret documents reveal that the main NSA financial database Tracfin, which collects the “Follow the Money” surveillance results on bank transfers, credit card transactions and money transfers, already had 180 million datasets by 2011. The corresponding figure in 2008 was merely 20 million. According to these documents, most Tracfin data is stored for five years.

Monitoring SWIFT

The classified documents show that the intelligence agency has several means of accessing the internal data traffic of the Society for Worldwide Interbank Financial Telecommunication (SWIFT), a cooperative used by more than 8,000 banks worldwide for their international transactions. The NSA specifically targets other institutes on an individual basis. Furthermore, the agency apparently has in-depth knowledge of the internal processes of credit card companies like Visa and MasterCard. What’s more, even new, alternative currencies, as well as presumably anonymous means of payment like the Internet currency Bitcoin, rank among the targets of the American spies.

The collected information often provides a complete picture of individuals, including their movements, contacts and communication behavior. The success stories mentioned by the intelligence agency include operations that resulted in banks in the Arab world being placed on the US Treasury’s blacklist.

In one case, the NSA provided proof that a bank was involved in illegal arms trading — in another case, a financial institution was providing support to an authoritarian African regime. Full article here.

Freed Dealer, Obama Released, Kills 3

Crack Dealer Freed Early Under Obama Plan Murders Woman, 2 Kids

JW: A convicted crack dealer who left prison early as part of the Obama administration’s mass release of federal inmates has been indicted by a grand jury for fatally stabbing his ex-girlfriend and her two kids in Columbus, Ohio. The gory crime drew national attention because the children, ages 7 and 10, were murdered to eliminate them as witnesses in the brutal massacre of their 32-year-old mother.

This week a grand jury in Franklin County returned a 10-count, death-penalty indictment against the ex-con, 35-year-old Wendell Callahan, for the triple murders. Callahan broke into his ex-girlfriend’s apartment and stabbed the three victims, according to a statement issued by Franklin County Prosecutor Ron O’Brien announcing the indictment. The bloody crime scene was discovered by the woman’s current boyfriend, who subsequently engaged in a fight with Callahan before he fled. The indictment includes charges of aggravated murder with prior calculation and design and aggravated murder of victims under the age of 13. “There are multiple charges regarding the three victim deaths because there are different methods to commit the crime of murder and the Prosecutor’s Office typically charges all methods”, O’Brien stated. Callahan is in jail on $3 million bail and is scheduled to be arraigned later this week.

Callahan should have been in jail when the crimes occurred, but he was released four years early because federal sentencing guidelines for crack dealers got reduced. The change is part of President Obama’s effort to reform the nation’s justice system as a way of ending racial discrimination. The initiative was technically launched back in 2010 when the president signed a measure that for the first time in decades relaxed drug-crime sentences he claimed discriminated against poor and minority offenders. This severely weakened a decades-old law enacted during the infamous crack cocaine epidemic that ravaged urban communities nationwide in the 1980s. As part of the movement the U.S. Sentencing Commission lowered maximum sentences for drug offenders and made it retroactive, leading to the early release of thousands of violent thugs like Callahan.

In November the administration began releasing 6,000 drug convicts coined “non-violent” offenders whose sentences were too long under the old guidelines. News reports quickly surfaced contradicting the administration’s assessment that the newly released convicts were not violent. Among them was the leader of a multi-million dollar operation that smuggled drugs from Canada to Maine. Prosecutors refer to the 29-year-old con as a “drug kingpin” who was one of “America’s Most Wanted.” Shortly before the administration’s mass release of drug convicts, federal prosecutors warned that drug trafficking is inherently violent and therefore the phrase “non-violent drug offenders” is a misnomer. The nation’s prosecutors also cautioned that reducing prison sentences for drug offenders will weaken their ability to bring dangerous drug traffickers to justice.

As if it weren’t bad enough that the administration is rewarding thousands of criminals with get-out-of-jail cards, huge amounts of taxpayer dollars are being spent on programs to help them find housing and jobs. In the aftermath of the mass release of federal prisoners Judicial Watch reported on two “re-entry” programs to ease the transition from jail. One received $1.7 million and ordered public housing facilities not to reject tenants with criminal records. The other allocated $20 million to the Department of Labor (DOL) to help ex-cons find work and thus end the “cycle of poverty, criminality and incarceration.”

More here including photos.

Hillary calls for sentencing reform too.

This all began in 2013 between Obama and Eric Holder and Loretta Lynch continues to carry the baton.

U.S. Attorney General Eric Holder has announced a major shift in how the federal government plans to prosecute nonviolent criminals involved in drug crimes, with the aim of easing overcrowding in the nation’s prisons.

Holder outlined several policy changes in a speech to the American Bar Association meeting in San Francisco.

The attorney general said too many Americans go to prison for far too long and for no truly good law enforcement reason.  His main focus was low-level drug crimes that can often bring minimum mandatory sentences of five or 10 years in prison.

Holder says the federal government will now follow the lead of several states that emphasize drug treatment and community service programs as alternatives for non-violent drug offenders who are not associated with criminal gangs or drug cartels.

“Widespread incarceration at the federal, state and local levels is both ineffective and unsustainable,” he said. “It imposes a significant economic burden totalling $80 billion in 2010 alone and it comes with human and moral costs that are impossible to calculate.”

Hey SEALS, Turnover your Weapons

Twisted priorities at the Pentagon, mandated by the White House and congressional budgets, then couple that with waste, fraud and abuse, ladies and gentlemen, our problems are much worse than can be defined.

Just WHOA…

SOCOM investigating Navy SEAL weapons shortages

STRIPES: WASHINGTON — The general in charge of U.S. Special Operations Command said Tuesday that he is looking into claims that Navy SEALs and other elite forces have shortages of key equipment.

Gen. Joseph Votel assured House lawmakers that the command will resolve any problems that it discovers in equipping special operators, such as a lack of service weapons, in preparation for increasingly common missions around the world.

Rep. Duncan Hunter, R-Calif., and other House lawmakers raised the alarm earlier this month on supply shortages in the special operations community, causing soldiers to dip increasingly into their own pockets to purchase basic military gear such as helmets, global positioning devices and medical supplies.

Most concerning, according to Hunter, is SEALs are now asked to hand over their personalized weapons after returning from deployment so they can be handed off to other SEALs who are deploying.

“I look forward to talking to Navy Special Warfare Command about this specific issue and make sure we understand it,” said Votel, who was testifying to members of the House Armed Services Committee. “If there is something that we are contributing to that is impacting the readiness of our operators, we’ll certainly take immediate actions to kind of correct that.”

Votel said the issue might be related to maintenance and the high usage of SEAL weapons.

“These guys do put a lot of rounds through the weapons,” he said. “What we do try to do is ensure with that many rounds going through our weapons that they do have the right level of depot maintenance when they do come back from deployments or long training periods.”

Hunter, who wrote a letter in February to the Navy Special Warfare Command about the concerns, brushed aside the general’s suggestion.

“This is not a factor of too many rounds going through the weapon barrel, and then you just change out the barrel anyway,” Hunter said.

He said the weapons are the most important pieces of equipment for the SEALs. They put time into calibrating their weapons and applying optics and lasers, then are forced to turn them over for reconfiguration.

“I’ve had multiple SEALs at multiple times over the last six months come to me in San Diego … and tell me how things have changed dramatically from five or six years ago, meaning they don’t get weapons now to work up with for two years,” Hunter said. “They get their weapon when a guy comes back and hands over the weapon.”

The military has increased its reliance greatly on special operations forces since 9/11. As such operations hit a high mark, other reports of supply shortages have come up as well.

Last month, the nonprofit group Troops Direct reported the Marine Corps Fleet Anti-Terrorism Security Team deployed to Benghazi, Libya after the embassy attack there and lacked crucial equipment including sniper supplies and batteries.

Meanwhile, troops often have to buy their own medical equipment such as tourniquets, and shell out about $1,000 each for their own helmets or $500 for GPS devices, according to the group.

The shortfalls in SEAL weapons have surfaced, as the Navy Special Warfare Command budget increased by $11 million during the past couple of years, according to Hunter.

Rep. Richard Nugent, R-Fla., a member of the House Armed Services Committee, said he could not understand why the Navy would rotate SEALs’ service weapons and that he wanted answers.

“That’s the [weapon] you sleep with, the one you work with, so I will be interested to hear from Rep. Hunter the answer you come back with,” Nugent told Votel.

****

Lacking basic gear, special operators stuck buying their own equipment

STRIPES: WASHINGTON – Sean Matson, who recently left active-duty as a Navy SEAL, said the military measured his head four times – each time before deployment – with plans to provide him a more advanced ballistic helmet.

But the new helmet never materialized. During a deployment in Africa, Matson and six of his fellow SEALs each shelled out about $900 for updated helmets that held the lights, communications devices and batteries needed for their missions.

“There was never a clear solution to it, so guys were going out spending $800-$900 on their own ballistic helmet,” said Matson, who is now CEO of the military supply company Matbock.

Elite troops such as the SEALs are more and more forced to dip into their own pockets to purchase basic military gear such as helmets, global positioning devices and medical supplies, according to Matson and others involved in the military’s unofficial civilian-side supply network who came to Capitol Hill on Thursday.

House lawmakers have taken notice and said they will request an explanation from Defense Secretary Ash Carter.

“These are the guys we assume have the best gear all the time,” said Rep. Duncan Hunter, R-Calif., a Marine Corps combat veteran.

Hunter said special operations troops have been approaching him in his California district complaining about the inability to get needed materials and he has been investigating the issue.

Numerous individual instances point to a systemic problem in the military’s supply chain but a blind spot exists between Defense Department vendors and the troops who need the gear and supplies, Hunter said.

“It’s been impossible for me to find out how the money is getting stopped and why it is not going down to where it’s supposed to be,” he said.

Aaron Negherbon is the executive director of the nonprofit group Troops Direct, which ships needed and requested supplies – from boot laces to tablet devices — to servicemembers who cannot get it through their commands.

Less than two days after the attack on the U.S. embassy in Benghazi, Libya, Negherbon said he was contacted by the commander of a Marine Corps Fleet Anti-Terrorism Security Team that was being deployed there.

The commander told him the team lacked a variety of crucial equipment, including sniper supplies, he said.

“They came to us for…batteries because they didn’t have any of those … It is kind of like, ‘What the heck is going on?’” Negherbon said.

He said troops often have to buy their own medical equipment such as tourniquets, and shell out about $1,000 each for their own helmets or $500 for a GPS device that they need for duty during a deployment.

“The question is, why can’t you get this?” Negherbon said.

Often the answer seems to be a higher command does not have the money budgeted or the equipment was approved but not available from vendors.

“That is a good thing, we know where the problem is but [those issues] are very profound,” he said.

A small group of House Republican lawmakers gathered Thursday to hear the concerns.

Rep. Adam Kinzinger, R-Ill., an Air Force combat veteran, said the military has to weigh the concerns of supplying needed equipment with the desire of troops to always have the newest gear on the market.

Still, Kinzinger said the shortfalls in the supply chain could become a major issue if deployments ramp up again to the levels seen during the height of the Iraq and Afghanistan wars.

Rep. Chris Gibson, R-N.Y., an Army veteran, said the group should write a letter to Carter, saying they have serious concerns about supply breakdowns, including the inability of Matson and his fellow SEALs to get helmets capable of mounting lights, though the equipment was approved.

“If you’ve got a situation where unit is approved for an Ops-Core [brand ballistic] helmet and it’s not getting it, we need to understand what the problem is … that is unacceptable,” he said.

Hey Pentagon, Hiring Hackers, a Good Idea?

Personally I do see some positives, but I see more downsides….what say you?

The Department of Defense announced today that it will invite vetted hackers to test the department’s cybersecurity under a unique pilot program.  The “Hack the Pentagon” initiative is the first cyber bug bounty program in the history of the federal government.

 

Under the pilot program, the department will use commercial sector crowdsourcing to allow qualified participants to conduct vulnerability identification and analysis on the department’s public webpages.  The bug bounty program is modeled after similar competitions conducted by some of the nation’s biggest companies to improve the security and delivery of networks, products, and digital services. The pilot marks the first in a series of programs designed to test and find vulnerabilities in the department’s applications, websites, and networks.

 

Participants in the bug bounty will be required to register and submit to a background check prior to any involvement with the pilot program.  Once vetted, these hackers will participate in a controlled, limited duration program that will allow them to identify vulnerabilities on a predetermined department system.  Other networks, including the department’s critical, mission-facing systems will not be part of the bug bounty pilot program.  Participants in the competition could be eligible for monetary awards and other recognition.

This innovative project is a demonstration of Secretary Carter’s continued commitment to drive the Pentagon to identify new ways to improve the department’s security measures as our interests in cyberspace evolve.

Pentagon to Establish Defense Innovation Advisory Board

WASHINGTON, March 2, 2016 — In an effort to enhance the Defense Department’s culture, organization and processes by tapping innovators from the private sector in Silicon Valley and beyond, Defense Secretary Ash Carter announced plans today to establish a Defense Innovation Advisory Board, Pentagon Press Secretary Peter Cook said.

 Google, CEO

The initiative represents the secretary’s enduring commitment to building lasting partnerships between the public and private sectors, Cook said in a statement.

“Just as the Defense Business Board provides advice to the department on best business practices from the private sector, the Defense Innovation Advisory Board will provide advice on the best and latest practices in innovation that the department can emulate,” Cook added.

The board’s mandate is to provide department leaders independent advice on innovative and adaptive means to address future organizational and cultural challenges, the press secretary said, including the use of technology alternatives, streamlined project management processes and approaches — all with the goal of identifying quick solutions to DoD problems.

Areas Deeply Familiar in Silicon Valley

The board will seek to advise the department on areas that are deeply familiar to Silicon Valley companies, such as rapid prototyping, iterative product development, complex data analysis in business decision making, the use of mobile and cloud applications, and organizational information sharing, Cook said, and will not engage in discussion of military operations or strategy.

Alphabet Executive Chairman Eric Schmidt will chair the board, which will be composed of up to 12 people who have successfully led large private and public organizations and excelled at identifying and adopting new technology concepts, Cook said.

Carter and Schmidt will jointly select the board, Cook said. “Members will represent a cross-section of America’s most innovative industries, drawing on technical and management expertise from Silicon Valley and beyond,” he added.

As chairman of Alphabet and as the author of “How Google Works,” Schmidt has a unique perspective on the latest practices in harnessing and encouraging innovation and in the importance of technology in driving organizational behavior and business operations, Cook said.

**** Background

US spy chief James Clapper highlights cyber threats

BBC: US intelligence agencies have placed cyber attacks from foreign governments and criminals at the top of their list of threats to the country.

Online assaults would increasingly undermine US economic competitiveness and national security, said Director of National Intelligence James Clapper.

A report issued by his office said Russia’s military was setting up a cyber command to carry out attacks.

The report also describes China, Iran and North Korea as leading threats.

In testimony to a congressional committee on Thursday, Mr Clapper said he no longer believed the US faced “cyber Armageddon”.

The idea that major infrastructure such as financial networks or power grids could be disabled by hackers now looked less probable, he said.

However he warned: “We foresee an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on US economic competitiveness and national security.”

Mr Clapper highlighted the case of Russia, which he said posed the greatest a cyber risk to US interests. He said that threat from the Russian government was “more severe” than previously realised.

He also said profit-minded criminals and ideologically driven hackers were also increasingly active.

Over the past year there have been a series of high-profile cyber attacks against US targets.

North Korea was accused of being behind the theft of a huge data cache from Sony Pictures in November.

Mr Clapper also mentioned the example of an alleged Iranian attack on the Las Vegas Sands Casino Corporation last year.

Meanwhile in January the Twitter and YouTube accounts of the US military command were hacked by a group claiming to back Islamic State (IS).

During the hearing, Mr Clapper acknowledged that the US had its own “offensive capabilities”.

In 2010 Iran experienced a cyber attack on its nuclear program. Tehran accused Israel and the US of planting malware.