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UNESCO declares Hebron shrine Palestinian

  Israeli soldier guards at the Tomb of the Patriarchs in Hebron

You would think by virtue of a UN heritage committee known as United Nations Educational, Scientific and Cultural Organization, they would get history right. Israel has provided proof and historical evidence, where is that from the Palestinians?

The Tomb and the city of Hebron is the second holiest site in Judaism, after the Temple Mount and its Western Wall, he noted. The Bible clearly records its purchase by Abraham. The committee of T21  members are: Angola, Azerbaijan, Burkina Faso, Croatia, Cuba, Finland, Indonesia, Jamaica, Kazakhstan, Kuwait, Lebanon, Peru, Philippines, Poland, Portugal, Republic of Korea, Tunisia, Turkey, United Republic of Tnzania, Vietnam and Zimbabwe. Anymore questions on the countries that refuse history and remain Anti-Semitic?

Now is the time for the United States to defund UNESCO and the UNRWA.

Following the resolution passed by the UNESCO World Heritage Committee regarding the Tomb of the Patriarchs, Prime Minister Benjamin Netanyahu, today (Friday, 7 July 2017), decided to cut an additional $1 million from the membership funds that Israel pays to the UN and to transfer it to the establishment of “The Museum of the Heritage of the Jewish People in Kiryat Arba and Hebron” and to additional heritage projects related to Hebron.

Against UNESCO’s denial of the past, Prime Minister Netanyahu is determined to present to the entire world the historic truth and the Jewish People’s deep connection – of thousands of years – to Hebron.

***

Tomb of Sarah, wife a Patriarch Abraham

JERUSALEM (Reuters) – The U.N. cultural organisation declared an ancient shrine in the occupied West Bank a Palestinian heritage site on Friday, prompting Israel to further cut its funding to the United Nations.

UNESCO designated Hebron and the two adjoined shrines at its heart – the Jewish Tomb of the Patriarchs and the Muslim Ibrahimi Mosque – a “Palestinian World Heritage Site in Danger”.

Israeli Prime Minister Benjamin Netanyahu called that “another delusional UNESCO decision” and ordered that $1 million be diverted from Israel’s U.N. funding to establish a museum and other projects covering Jewish heritage in Hebron.

The funding cut is Israel’s fourth in the past year, taking its U.N. contribution from $11 million to just $1.7 million, an Israeli official said. Each cut has come after various U.N. bodies voted to adopt decisions which Israel said discriminated against it.

Palestinian Foreign Minister, Reyad Al-Maliki, said the UNESCO vote, at a meeting in Krakow, Poland, was proof of the “successful diplomatic battle Palestine has launched on all fronts in the face of Israeli and American pressure on (UNESCO) member countries.”

Hebron is the largest Palestinian city in the occupied West Bank with a population of some 200,000. About 1,000 Israeli settlers live in the heart of the city and for years it has been a place of religious friction between Muslims and Jews.

Jews believe that the Cave of the Patriarchs is where Abraham, Isaac and Jacob and their wives, are buried. Muslims, who, like Christians, also revere Abraham, built the Ibrahimi mosque, also known as the Sanctuary of Abraham, in the 14th century.

The religious significance of the city has made it a focal point for settlers, who are determined to expand the Jewish presence there. Living in the heart of the city, they require intense security, with some 800 Israeli troops protecting them.

Even before Netanyahu’s budget announcement, Internal Security Minister Gilad Erdan signalled Israel would seek to further make its mark at the Hebron shrine, tweeting: “UNESCO will continue to adopt delusional decisions but history cannot be erased … we must continue to manifest our right by building immediately in the Cave of the Patriarchs.”

(Additional reporting by Ali Sawafta in Ramallah and Nidal al-Mughrabi in Gaza; Editing by Robin Pomeroy)

Report: Terror Acts Committed by Refugees

Terror-related acts committed by refugees widespread, according to new report

FNC: At least 61 people who came to the United States as refugees engaged in terrorist activities between 2002 and 2016, according to an explosive new report coming on the heels of the Supreme Court’s reinstatement of much of President Trump’s travel ban.

The alarming report by the Heritage Foundation identified scores of refugees, including many who came prior to 2002, as having taken part in activities ranging from lying to investigators about terror plots, to actually taking part in them. The report, aimed at reforming the U.S. Refugee Admissions Program, or USRAP, calls for stricter limits and restrictions on refugees.

“There is no universal right to migrate, resettlement is not the solution to mass displacement, and U.S. policymakers have a responsibility to ensure that the United States takes in only as many refugees as it can safely vet and assimilate,” the report states. “The United States operates the program not because it is obligated to resettle refugees, but because the U.S. is a humane country and USRAP serves its national interests.”

The report, written by policy analyst David Inserra, could lend weight to the Trump administration’s effort to curtail the number of refugees who come to the U.S. every year. But perhaps most worrisome, the report warns that no amount of refugee vetting can account for the “1.5 generation” — those who come to the U.S. with peaceful intentions and then become radicalized while living in America.

ISIS GUNNED DOWN PREGNANT WOMEN, BABIES, FORMER NAVY SEAL RECALLS

“Given the threat that we found in the 1.5 generation, more needs to be done in the U.S. assimilation process,” said John Cooper, spokesman for the Heritage Foundation. “We can’t vet an 8-year-old to see if he will become a terrorist when he turns 18 or 28. Instead, we as a country need to rethink the way we assimilate refugees, and immigrants as a whole for that matter.

“In the past few decades, the United States has drifted from its strong assimilation ethos, and the terrorism in Europe paints a disturbing picture of where non-assimilation leads,” he added.

The Trump administration has taken measures to both limit and more tightly screen refugees. Earlier this year, the administration reduced the number of refugees that it would accept this fiscal year from the Obama administration’s intended 110,000 to 50,000 – and that cap has almost been reached.

“A review is especially critical following the Obama administration’s rapid, and largely unprecedented, expansion of the program in the final year of his administration,” Cooper added. “Any administration has a responsibility to ensure all existing refugee and immigration programs, including the USRAP, best serve U.S. interests.”

A U.S. State Department official told Fox News the administration will soon provide guidance regarding those already scheduled for travel before last week’s Supreme Court decision lifting an injunction against Trump’s executive order banning travel from six mostly Muslim countries plagued by terror.

EUROPEANS VOW MORE HELP TO STEM LIBYA-ITALY MIGRANT FLOW

But the report leaves little doubt that the perpetrators of future terror attacks are already here, including some who may not yet be radicalized. It recommends a long-term focus be placed on migrants “embracing an American creed, learning English and gaining an education” which will in turn help them to develop and sustain “an American identity and sense of belonging.”

The report also supported the widely reported claim that refugees coming to the U.S undergo more vetting than any other immigrants coming to the country under other types of programs and visa categories. The vetting process for refugees typically takes 18 to 24 months from the time of the initial referral by the U.N. refugee agency, but “in the waning months of the Obama administration the U.S. reduced the time to as little as three months for Syrians by surging resources to the region.”

It also mandated that a “foolproof vetting system” is impossible, with obvious limitations, such as lack of identification or forged documents especially when fleeing war.

“To be as cost-effective as possible – which saves the most lives – the U.S. should focus the majority of its refugee efforts on helping front-line states care for the refugees they shelter,” the report states.

Specifically, the report suggests that the U.S. can do more to urge Middle Eastern countries – most notably the oil-wealthy Gulf States – to resettle Syrian and Iraqi refugees.

“Many Syrian and Iraqi refugees share similar cultural and religious values with the people of the Gulf States, which have the financial capacity for resettlement,” the report found. “Saudi Arabia, Qatar and the United Arab Emirates have donated hundreds of millions of dollars each for relief efforts, but the U.S. should urge the Gulf States to increase their aid for their Arab Muslim neighbors by resettling Syrians with all the rights and protections due to refugees.”

As it stands, the Gulf States are not signatories to the U.N. Refugee Protocol and thus do not offer refugee status. They will admit some primarily as migrant workers or to reunify families.

Fraud is also a cause for concern, according to the report. It cites as an example the Dadaab refugee camp in northern Kenya, which was exposed several years ago for developing an entire industry centered on “coaching applicants” and selling resettlement slots for as much as $10,000.

The report goes on to outline ways in which the U.S. could minimize fiscal costs and improve economic outcomes by establishing private resettlement programs on a trial basis rather than relying solely on government. But above all, the report emphasizes the need to ensure the program first and foremost puts America first.

It argues that refugee resettlement can indeed advance national interests by enabling the U.S. to “assert American leadership in foreign crisis,” providing “the U.S. with a way to respond positively to intractable crisis” and assisting allies and partners in crisis. But reviews by the Trump team to the program to achieve this objective are crucial.

***

Deeper dive from the U.S. State Department:

What is the Bureau’s role in the Department of State?

The Bureau of Population, Refugees, and Migration (PRM) is one of the State Department’s “functional,” as opposed to “geographic” bureaus. This indicates a Bureau that focuses on a particular issue wherever it arises around the world. As described in our mission statement, our focus is refugees, other migrants, and conflict victims. Our goal is to protect these people, who are often living in quite dangerous conditions.

The Bureau’s mission statement:

The mission of the Bureau of Population, Refugees, and Migration (PRM) is to provide protection, ease suffering, and resolve the plight of persecuted and uprooted people around the world on behalf of the American people by providing life-sustaining assistance, working through multilateral systems to build global partnerships, promoting best practices in humanitarian response, and ensuring that humanitarian principles are thoroughly integrated into U.S. foreign and national security policy.

What does the Bureau do internationally?

The Bureau works with the international community to develop humane and what are termed “durable” solutions to their displacement. The three durable solutions, are:

  • Repatriation – going home when they are no longer at risk of persecution
  • Local Integration – settling permanently in the country to which they have fled
  • Resettlement – settling permanently in a third country

According to the United Nations High Commissioner for Refugees (UNHCR), fewer than 1% of refugees worldwide are ever resettled. However, although resettlement often is the durable solution of “last resort,” it remains a vital tool for providing international protection and for meeting the special needs of individual refugees who are unable to return home.

Are internally displaced persons (IDPs) part of the Bureau’s portfolio?

Internally displaced persons are people who have been displaced from their homes but who have not crossed an internationally recognized border. The Bureau supports the work of UNHCR and ICRC when these organizations respond to the needs of internally displaced persons.

Numerous other organizations, such as UNICEF, the World Food Program, and others also provide assistance to IDPs that complement the activities of UNHCR and ICRC. The U.S. Agency for International Development (USAID) funds the work of these other international organizations as well as non-governmental organizations to respond to IDP needs as well.

Who does the work?

The Bureau of Population, Refugees and Migration (PRM) has approximately 130 civil service and foreign service staff. On the foreign aid side, we are divided into geographic offices. Our program to resettle refugees in the United States is handled by our Admissions Office. We also have a policy office that monitors and evaluates the relief work conducted by the organizations we fund.

How does the Bureau deliver assistance to refugees?

The Bureau does not operate refugee camps, or otherwise give aid directly to refugees. Instead, in the interests of effectiveness and efficiency, we work with the United Nations (UN) and other international organizations, as well as with non-governmental organizations, that operate these programs. The Bureau manages the contributions to these organizations, and monitors the programs we fund: we make sure they are working properly and ascertain that they are in line with U.S. government policies.

For instance, take the refugee relief set-up on the border between Thailand and Burma. Many of the camps were built with assistance from the United Nations High Commissioner for Refugees. The Burmese refugees receive health services, in part, from a private American charity, International Medical Corps. In Bangkok, the refugee resettlement center, called an “overseas processing entity,” handles cases of Burmese referred for resettlement, and is managed by another U.S.-based group, the International Rescue Committee. All these groups receive funding from the Bureau.

PRM Year in Review 2016 Infographic
[text, larger graphic, and PDF versions]

Date: 12/21/2016 Description: Infographic of PRM Bureau Year in Review - 2016. Text version is at http://www.state.gov/j/prm/about/265944.htm. - State Dept Image

Allowing Kaspersky Labs in the U.S. Defies Logic

Germany next:Germany big target of cyber espionage and attacks: government report

Barack Obama’s sanction and executive order hardly went far enough on Russia. For Russian Laws and Regulations and Implications for Kaspersky Labs and certificates, go here.

Documents link Russian cybersecurity firm to spy agency

WASHINGTON — U.S. intelligence agencies have turned up the heat on Kaspersky Lab, the Moscow-based cybersecurity giant long suspected of ties to Russia’s spying apparatus.

Now, official Kremlin documents reviewed by McClatchy could further inflame the debate about whether the company’s relationship with Russian intelligence is more than rumor.

The documents are certifications issued to the company by the Russian Security Service, the spy agency known as the FSB.

Unlike the stamped approvals the FSB routinely issues to companies seeking to operate in Russia, Kaspersky’s include an unusual feature: a military intelligence unit number matching that of an FSB program.

“That strikes me as much more persuasive public evidence,” said Paul Rosenzweig, a former deputy secretary for policy at the Department of Homeland Security. “It makes it far more likely that much of the rumor and uncertainty about Kaspersky are true.”

For years, suspicions that Kaspersky is connected to Russia’s spying network have dogged the company, a leading global seller of anti-virus programs. Founder and CEO Eugene Kaspersky studied cryptography, programming and mathematics at an academy operated by the KGB, the FSB’s Soviet-era predecessor, and then worked for the Ministry of Defense.

Since he established the company, it has grown to serve more than 400 million users worldwide, according to its website, and is the largest software vendor in Europe. Its security software is also widely available in the United States.

U.S. agencies also use it, with Kaspersky a subcontractor on federal software contracts. The Democratic National Committee has also used the software, even after its emails were breached last summer by Russian hackers.

But during investigations into Russia’s meddling in last year’s U.S. elections, concerns have grown that Kaspersky software could somehow be used to launch a cyberattack on the U.S. electric grid or other critical infrastructure, such as railroads, airlines or water utilities. ABC News reported in May that the FBI warned industry leaders about those risks last year at a meeting confirmed by McClatchy.

One of Kaspersky’s certificates that carries a military intelligence unit number.
GREG GORDON/MCCLATCHY/TNS

In recent days, two events kept Kaspersky in the news: FBI agents fanned out to interview Russian Kaspersky employees based in the United States, and a Senate committee approved legislation to curb federal use of the company’s products.

Even so, no proof has ever been made public to refute the company’s denials that it has connections to Russian intelligence.

The documents obtained by McClatchy, however, could provide additional evidence that the clandestine FSB has a tight relationship with Kaspersky.

In a statement to McClatchy, the company did not directly address the reference to an FSB military unit number in several of its certificates dating to 2007. The certificates are posted on Kaspersky’s website.

Kaspersky said the FSB’s certification review “is quite similar to that of many countries,” including those of the European Union and the United States. It includes an analysis of the company’s source code “to ensure that undeclared functionality and security issues — like backdoors — do not exist,” the company said.

However, Russia’s certification reviews do not require the company to divulge “the necessary information to permit those (spy) organizations to bypass products’ security mechanisms,” Kaspersky said.

After this story was initially published, the company said it and other high-tech companies that seek to sell products to the Russian government receive their certifications from the Center for Information Protection and Special Communications, known by the FSB military unit number on Kaspersky’s certificates.

A former Western intelligence official who examined the documents for McClatchy described as “very unusual” the assignment of a military intelligence number on Kaspersky’s certificates.

In Russia’s closed society, the FSB retains the right to access any company’s data transmissions, and no firm is allowed to use encryption to block the intelligence agency’s intrusions, the former Western spy said.

Kenneth Geers, a former NATO expert who is a fellow at the Washington-based Atlantic Council, also reviewed the company’s FSB certificate.

Geers said he could not say with certainty the degree to which the documents show a connection between Kaspersky and the FSB.

But “the suggestion is that this is a government op (operation), a unit with a direct government affiliation,” he said.

“No one should be surprised if there are closer relationships between IT vendors and law enforcement, worldwide, than the public imagines,” Geers said.

Case in point: Whistleblower Edward Snowden revealed that American telecommunications companies shared vast amounts of personal data with the U.S. National Security Agency, where Geers once worked.

It’s possible, Geers said, that Kaspersky’s software contains a secret “backdoor” to allow Russian special services access for law enforcement and counterintelligence purposes.

“If such a secret backdoor exists, I would not be shocked,” Geers said. “A worldwide deployment of sensors may be too great a temptation for any country’s intelligence services to ignore.

“Kaspersky may also have been required by Russian authorities to participate in a quiet business partnership with the government,” he said.

A former CIA station chief in Moscow agreed that Kaspersky may have had little choice.

“These guys’ families, their well-being, everything they have is in Russia,” said Steve Hall, who later headed the agency’s Russian operations before retiring in 2015.

Kaspersky is “a Russian company,” Hall said. “Any time (Russian President Vladimir Putin) wants Kaspersky to do something — anything — he’ll remind them that’s where their families are and where their bank accounts are. There’s no doubt in my mind it could be, if it’s not already, under the control of Putin.”

Kaspersky has rejected any notion that it might be an intelligence front, citing its years of delivering quality products.

“As a private company, Kaspersky Lab has no ties to any government, and the company has never helped, nor will help, any government in the world with its cyber espionage efforts,” Eugene Kaspersky said in May during an “Ask Me Anything” session on the website Reddit.

Many cyber experts, including those with federal government backgrounds, have praised the quality of Kaspersky software. The company also has a record of exposing cyberattacks, including the U.S. government’s Stuxnet attack that disabled Iran’s nuclear weapons development even though the Iranian equipment wasn’t connected to the Internet.

But several other experts said they were “not shocked” by the disclosure of the language in Kaspersky’s FSB certificate.

“It is common view around the intelligence community that (Kaspersky) is treated (by the Kremlin) like an arm of the Russian government,” said a former Obama administration cyber official, who asked for anonymity because of the sensitivity of the matter.

Kaspersky has attracted an unwanted spotlight lately in the Justice Department’s investigation headed by special counsel Robert Mueller into whether the Kremlin colluded with President Donald Trump’s 2016 campaign.

At a Senate Intelligence Committee hearing in May, Sens. Marco Rubio, R-Fla., and Joe Manchin, D-W.Va., raised concerns about Kaspersky.

Rubio asked of intelligence agency chiefs, “Would any of you be comfortable with the Kaspersky Lab software on your computers?”

Before him were, among others, the leaders of the FBI, CIA and the National Security Agency.

Each said “no.”

The FBI interviews of Kaspersky employees were conducted June 27, after disclosures that the company paid retired Army Lt. Gen. Michael Flynn more than $11,000 in consulting fees last fall before he began a short-lived stint as Trump’s national security adviser.

The day after the interviews, the Senate Armed Service Committee approved legislation that would bar the Pentagon from buying Kaspersky products.

“The ties between Kaspersky Lab and the Kremlin are very alarming,” said Sen. Jeanne Shaheen, D-N.H. “This has led to a consensus in Congress and among administration officials that Kaspersky Lab cannot be trusted to protect critical infrastructure, particularly computer systems vital to our nation’s security.”

Her amendment to the defense authorization bill prohibiting Pentagon purchase of the software as of October 2018 won overwhelming approval.

If the amendment becomes law, there could be consequences, a Russian news agency reported. It quoted a top Kremlin communications official, Nikolai Nikiforov, as warning that if the United States freezes out Kaspersky, Putin’s government could not rule out retaliation.

The FBI declined to comment. But the bureau has long suspected that some of Kaspersky’s American-based employees were engaging in intelligence activities, said a U.S. government official, who declined to be identified because of the sensitivity of the matter.

Federal agencies have at least 20 contracts in which Kaspersky products are used. The General Services Administration makes them available on an approved product list for much of the government.

CDW, a top government tech contractor that has provided Kaspersky software and maintenance through four contracts with the Consumer Safety Product Commission (as recently as May 23), declined to say whether it plans to continue offering Kaspersky software.

Dell, the giant computer manufacturer, offers Kaspersky in many of its products. The company did not respond to a request for comment.

So why do federal agencies still use Kaspersky software if there has been such uneasiness about it inside national security circles?

“Under acquisition rules, it is very difficult for an agency to rely on classified information in order to make purchasing decisions,” said J. Michael Daniel, White House cybersecurity coordinator during the Obama administration.

“A lot of acquisition officers didn’t seek out that information because they couldn’t use it in the decision-making process,” said Daniel, now president of the Cyber Threat Alliance, a group committed to improving cyber defenses.

The U.S. intelligence community’s conclusion that Russian cyber operatives pirated thousands of emails from the Democratic National Committee beginning in 2015 helped trigger the inquiries into possible Kremlin interference in the election.

But two months after the DNC disclosed that its servers had been hacked — in an apparent attempt to help prevent further intrusions — the party purchased Kaspersky software on Aug. 25, 2016, for $137.46, according to Federal Election Commission records. It was the only federal political committee that reported buying Kaspersky software in the 2016 cycle, according to FEC records.

A DNC spokesman did not respond to a request for comment.

For its part, the company publishes a blog that advises consumers about computer viruses. The U.S. government official said, though, that in the past Kaspersky has aroused suspicions as to why it warns about some computer bugs but not others.

The firm’s presence has become so embedded in the U.S. economy that the company sponsors a Ferrari Formula One racing team, robotic competitions for children and is among the corporate sponsors of an upcoming conference of the National Conference of State Legislatures.

“They have a big public relations wing,” said the U.S. government official who spoke on condition of anonymity. “They’re fully aware they’re under the microscope.”

Supreme Court and the no-croak Frog

And you think government is not broken? Hold on for this one. It is legal terrorism.

The phone call came out of the blue in 2011.

A federal biologist on the other end of the line told Edward B. Poitevent II that the U.S. Fish & Wildlife Service intended to designate a large swath of Louisiana woods that had been in his family for generations a “critical habitat” for the endangered dusky gopher frog.

Poitevent was confused because the frog had been neither seen nor its croak heard on the land since the 1960s. Later he would learn that his land is not, in fact, a suitable habitat for the frog anyway.

“No matter how you slice it or dice it, it’s a taking of my land in that I can’t use it or sell it now,” said Poitevent, a New Orleans lawyer.

A half century after disappearing from the 1,500-acre parcel in Louisiana, the dusky gopher frog will likely appear this month in filings urging the U.S. Supreme Court to settle the matter after years of costly litigation.

The dusky gopher frog.

In one sense, the case illustrates the conflicts that arise as conservationists and the government use the Endangered Species Act to protect privately held lands. But legal scholars say the absent amphibian could provide a broader test of just how far the government’s regulatory reach can extend under the Constitution.

The case offers the high court a chance to revisit its “Chevron deference” precedent, named for a landmark 1984 ruling involving the oil giant and environmental activists. It held that when a federal law contains ambiguous language, the courts should defer to the agency’s interpretation unless it is unreasonable. Given that many laws contain ambiguous language – and that “unreasonable” is also a squishy term – Chevron gives federal agencies wide authority not just to interpret but to make law, many critics say.

Although the Trump administration has declared its intentions to rein in the regulatory state, the Interior Department declined to comment on this case, as did the Justice Department’s Office of the Solicitor General. Regardless, only the Supreme Court can overturn Chevron, and it is unclear how the addition of Justice Neil Gorsuch, a noted Chevron skeptic, may influence the litigation. But Columbia Law School professor Philip Hamburger, a trenchant critic of America’s administrative law system, doubts the dusky frog will join BrownRoe and Citizens United in the annals of court history.

“I would love for them to take it up and overturn Chevron — and this is an opportunity for them to do so if they were so inclined,” he said, “but they’ve shown remarkable dexterity in avoiding it.”

Nevertheless, the case’s history demonstrates how Chevron can force judges to rule against what some perceive as simple common sense. From the outset of this process, some judges who have ruled against Poitevent and fellow plaintiffs have insisted their hands were tied.

“The Court has little doubt that what the government has done is remarkably intrusive and has all the hallmarks of government insensitivity to private property,” U.S. District Judge Martin L.C. Feldman wrote in his 2014 decision siding with the wildlife service and environmental advocacy groups. “The troubling question is whether the law authorizes such action and whether the government has acted within the law. Reluctantly, the Court answers ‘yes’ to both questions.”

The dusky gopher frog, a largely subterranean critter, is on a long list of species whose endangered designations restrict private land use. Currently, development rights are being challenged to protect the habitats of at least four other creatures: the Riverside fairy shrimp (California); the Northern spotted owl (Oregon, Washington and California); the Gunnison sage grouse (Colorado and Utah); and the jaguar (Arizona and New Mexico).

But the Louisiana case stands out because of the frog’s long absence from the land in question.

M. Reed Hopper, an attorney with the Pacific Legal Foundation, which sued in 2013 on behalf of some of Poitevent’s relatives, called the gopher frog case an “extreme example” of officials enforcing the Endangered Species Act “contrary to its terms, without regard for other social values such as housing, jobs, food, and production, or when the burdensome cost of species protections fall unfairly on a few landowners that should be shared by society as a whole.”

Fifteen states have filed amicus briefs with the plaintiffs seeking some restriction on federal regulatory reach within critical habitats. But Feldman, an advocate of judicial restraint appointed by President Reagan, wrote in his ruling that in his view a court would be overreaching were it to side with the property owners. He hinted, perhaps facetiously, that what the land owners really needed was an activist judge. Otherwise, he said, Congress would have to amend the Endangered Species Act for the co-litigants to get relief.

Edward B. Poitevent II
Credit: Stone Pigman

Other jurists disagree. U.S. Appeals Court Judge Priscilla Owen, who dissented in the 5th Circuit’s initial upholding of Feldman’s ruling, said there must be regulatory limits. Otherwise the wildlife service would be able to declare any land at all “critical habitat.”

“If the Endangered Species Act permitted the actions taken by the Government in this case, then vast portions of the United States could be designated as ‘critical habitat’ because it is theoretically possible, even if not probable, that land could be modified to sustain the introduction or reintroduction of an endangered species,” she wrote.

What seems highly impractical is the reintroduction of the dusky gopher frog on the Louisiana tract. The dark, warty creature has very particular needs. It can only breed in ephemeral, or temporary, ponds, so no pesky fish can eat its tadpoles. It lives much of its life burrowed underground beneath a longleaf pine canopy. At the moment, about 100 of the creatures are believed to inhabit a small area in and around the DeSoto National Forest in Mississippi, some 80 miles due east of the Poitevent family’s land in St. Tammany Parish, near the Mississippi-Louisiana border.

Ephemeral ponds do form on the Louisiana tract, but the canopy of loblolly pines isn’t conducive to their survival. Additionally, the lack of regular fires creates underbrush the frog dislikes. In other words, the land could become a suitable habitat only if the landowners spent heavily to transform the foliage and re-introduced the frog – steps the government concedes it cannot compel.

So how did the Louisiana tract become entangled with the dusky gopher frog in the first place? Poitevent believes, and the record seems to support, that the case wouldn’t exist but for the prodding of the Center for Biological Diversity, a national environmental advocacy group. The frog was added to the endangered list in 2002 as a result of a lawsuit filed by the center against federal agencies, and it was another center lawsuit that first secured “critical habitat beyond the frog’s main home pond” in 2007. But the center felt those steps were insufficient for the frog’s survival and threatened yet another lawsuit in 2010. Poitevent’s land appears to have been a sacrificial pawn in this maneuvering, and the fateful call to him from the federal biologist came soon after.

Collette Adkins, a senior attorney with the advocacy group, said the frog’s needs trump a landowner’s rights. The fact that its former Louisiana home became uninhabitable because of natural rather than manmade changes does not mean people bear no responsibility for keeping the critter alive, she said. Taking a larger and longer view, she argues that human activity in that region over the centuries has reduced the frog’s habitat. “We are the ones who drove them to extinction,” she said.

At present, the lumber company Weyerhaeuser owns 5 percent of the land in question and has a timber management contract on the remainder with Poitevent and some of his relatives. But the land’s potential value lies in much more than timber. The wildlife service’s own economic impact study estimated the value at some $33 million – if development were unrestricted. But because the wildlife service decided there was no other potentially suitable gopher frog habitat besides his land, no buyer will touch it, Poitevent said.

Campers in DeSoto National Forest in Mississippi, habitat of the dusky gopher frog.

At least one outside environmentalist thinks a more compromising approach in such conflicts could satisfy the ambitions of landowners and the needs of endangered animals. “This isn’t about biological diversity; this is about land management,” said Reed Watson, executive director of the Property and Environment Research Center in Montana.

The wildlife service disputes the notion it is “taking” any land. The owners aren’t losing their title, regulators insist, just facing limits on what they can do with it. In comments made five years ago that the service says still reflect its position, an assistant regional director for ecological services said regulators would be happy to work with the Poitevents and other land owners.

“We don’t want to take his land,” assistant director Leopoldo Miranda said in a wildlife service video in 2012. “It’s his land to manage. This designation does not stop future development or land use.

“In fact, the service regularly works with landowners around the country to accommodate development while finding creative ways to save the wildlife that our citizens demand we protect.”

Poitevent is unconvinced. “This is a land grab by radical environmentalists,” he said.

FBI v. Presidents; Presidents v. FBI

Today, we have a breakdown in trust not only with media but with any and all White House personnel. There is no presidential administration that is exempt since Nixon for sure.

The American people must keep an unemotional and clinical posture with what is being told to us to maintain a clearer capacity for critical thinking.

It all came to a head during the Nixon administration regarding taping conversations inside the White House and the Oval Office. These operations and equipment are managed, maintained, stored and investigated by the U.S. Secret Service.

An unknown factoid is the White House has microphones all over it and several taping units, while Camp David is not excluded.

For a fascinating read on the Nixon White House taping facts, check this document. The Secret Service coordinates and collaborates with the FBI on such investigations.

Image result for nixon watergate tapes  NYTimes

Secret_Service_Nixon_taping

Technology has advanced by leaps and bounds since the Nixon days, adding even more curious questions as to what subsequent presidents have used with taping equipment. In fact technology has taken us to the advanced digital realm. Ever wonder what we really don’t know?

Much has been said about tapes in the Trump White House, to which Trump denied having tapes of Former FBI Director Comey and Trump conversations. Okay, but is that really true? There are legacy FBI agents that well remember countless cases and heated interactions with presidents. We then hear this new term of ‘deep state’, where anonymous sources and leaks are causing scandals and headaches for the Trump White House. Can we know who those are alleged to be part of the ‘deep state’? Much of the blame is being pointed to Comey as the leaker. Well, maybe, or it could be the Secret Service. Remember Kerry O’Grady who refused to protect President Trump? Are there others? Conversely, there were Secret Service agents that had big issues with previous presidents and their wives, one notable scandal throughout the agency was due to Hillary Clinton.

We also cannot overlook all the Secret Service scandals under the Obama administration as some cases involved the USSS erasing tapes. Other cases included USSS and hookers in Cartegena, car accidents and drunk agents that had to be flown home in disgrace.

Image result for secret service white house video tapes CNN

Beyond the Secret Service, how about Obama loyalists that remain behind? This site published a piece in January of 2017 regarding Obama’s appointments of key loyalists that have ‘forever’ government positions, known as burrowing in.

Did Barack Obama tape conversations? According to Jim Acosta at CNN, the answer is no, but in the same article, the answer is yes and there was also a stenographer.

The White House press office had a stenographer in meetings with journalists in order to have an independent transcript of the interviews, a common practice, the former official said.   
“None of that was hidden,” the former official said. “The stenographer sat in interviews with a tape recorder and sometimes even a boom mic — the same stenographers would tape and transcribe press briefings and gaggles. Journalists who interviewed President Obama would have been familiar with that.”
Below is a long but fascinating read. You can be sure that agents within the Secret Service, the FBI and the investigative wing at Department of Homeland Security have many stories to tell. To have some perspective, this gem if historical summary allows the reader to see facts and settings through the eyes of assigned agents.
Enjoy:
John Mindermann is part of an unusual fraternity. A former agent with the Federal Bureau of Investigation, now 80 and retired in his hometown, San Francisco, he is among the relative handful of law-enforcement officials who have investigated a sitting president of the United States. In June, when it was reported that the former F.B.I. director Robert Mueller would investigate whether President Trump had obstructed the federal inquiry into Russia’s meddling in the 2016 presidential election, I called Mindermann, who told me he was feeling a strong sense of déjà vu.

Mindermann joined the F.B.I. 50 years ago, after a stint with the San Francisco police force, whose corruption he was happy to leave behind. He was soon transferred to the bureau’s Washington field office, housed in the Old Post Office building on Pennsylvania Avenue — the same 19th-century edifice that is now a Trump hotel. On the afternoon of Saturday, June 17, 1972, he was in the shower at home when the phone rang.

An F.B.I. clerk told him that there had been a break-in overnight at the Democratic Party headquarters in the Watergate complex. He was to go to the Metropolitan Police Department headquarters and see the detective on duty. Then, lowering his voice, the clerk confided that the bureau had run a name check on one of the burglars, James McCord. It revealed that McCord had worked at both the F.B.I. and the C.I.A. He would later be identified as the chief of security at the Committee to Re-elect the President, the Nixon campaign operation known as Creep.

Mindermann met the detective, who was wearing a loud sports jacket and smiling widely. The detective strode into the walk-in evidence vault and, wearing latex gloves, produced nearly three dozen crisp new $100 bills, each in a glassine envelope. He fanned them out on a desk, like a magician performing a card trick. They had been seized from one of the burglars. Mindermann noticed the consecutive serial numbers. ‘‘That alone told me that they came from a bank through a person with economic power,’’ Mindermann told me. ‘‘I got this instant cold chill. I thought: This is not an ordinary burglary.’’

McCord had been carrying wiretapping gear at the Watergate. This was evidence of a federal crime — the illegal interception of communications — which meant the break-in was a case for the F.B.I. Wiretapping was standard practice at the F.B.I. under J. Edgar Hoover, who had ruled the bureau since 1924. But Hoover died six weeks before the Watergate break-in, and L. Patrick Gray, a lawyer at the Justice Department and a staunch Nixon loyalist, was named acting director. ‘‘I don’t believe he could bring himself to suspect his superiors in the White House — a suspicion which was well within the Watergate investigating agents’ world by about the third or fourth week,’’ Mindermann said.

A month after the break-in, Mindermann and a colleague named Paul Magallanes found their way to Judy Hoback, a Creep accountant. The interview at her home in suburban Maryland went on past 3 a.m. By the time Mindermann and Magallanes stepped out into the cool night air, they had learned from Hoback that $3 million or more in unaccountable cash was sloshing around at Creep, to finance crimes like the Watergate break-in. Both men sensed instinctively that ‘‘people in the White House itself were involved,’’ Magallanes, who is now 79 and runs an international security firm near Los Angeles, told me. Mindermann said he felt ‘‘a dark dread that this is happening in our democracy.’’ By 10:45 that morning, the agents had typed up a 19-page statement that laid out Creep’s direct connections to Nixon’s inner circle.Mindermann, the young ex-cop with five $27 department-store suits to his name, remembers the president’s men who stonewalled the investigation throughout 1972 and early 1973 as ‘‘Ivy Leaguers in their custom-fitted finery — these privileged boys born to be federal judges and Wall Street barons. They were gutless and completely self-serving. They lacked the ability to do the right thing.’’ By late April 1973, however, the stonewalls were crumbling. On Friday, April 27, as Nixon flew off to Camp David for the weekend, mulling his dark future, the F.B.I. moved to secure White House records relevant to Watergate.

At 5:15 p.m., 15 agents arose from their dented metal desks in the Old Post Office building and marched in tight formation, fully armed, up Pennsylvania Avenue. On Monday, a highly agitated Nixon returned to the White House to find a skinny F.B.I. accountant standing watch outside a West Wing office. The president pushed him up against a wall and demanded to know how he had the authority to invade the White House. Mindermann laughed at the memory: ‘‘What do you do,’’ he said, ‘‘when you’re mugged by the president of the United States?’’

‘‘I take the president at his word — that I was fired because of the Russia investigation,’’ James Comey, the former F.B.I. director, said in June, testifying before the Senate Intelligence Committee a month after his abrupt dismissal from his post by the president. Comey was referring to the account Trump gave in an NBC interview on May 11 — and Comey fought back on the rest of the story as Trump told it. Trump, he said, ‘‘chose to defame me and, more importantly, the F.B.I. by saying that the organization was in disarray, that it was poorly led, that the work force had lost confidence in its leader. Those were lies, plain and simple.’’

Trump, Comey said, had asked his F.B.I. director for his loyalty — and that seemed to shock Comey the most. The F.B.I.’s stated mission is ‘‘to protect the American people and uphold the Constitution of the United States’’ — not to protect the president. Trump seemed to believe Comey was dutybound to do his bidding and stop investigating the recently fired national security adviser, Lt. Gen. Michael Flynn. ‘‘The statue of Justice has a blindfold on because you’re not supposed to be peeking out to see whether your patron is pleased or not with what you’re doing,’’ Comey said. ‘‘It should be about the facts and the law.’’

Trump might have been less confused about how Comey saw his job if he had ever visited the F.B.I. director in his office. On his desk, under glass, Comey famously kept a copy of a 1963 order authorizing Hoover to conduct round-the-clock F.B.I. surveillance of the Rev. Dr. Martin Luther King Jr. It was signed by the young attorney general, Robert F. Kennedy, after Hoover convinced John F. Kennedy and his brother that King had Communists in his organization — a reminder of the abuses of power that had emanated from the desk where Comey sat.

One of history’s great what-ifs is whether the Watergate investigation would have gone forward if Hoover hadn’t died six weeks before the break-in. When Hoover died, Nixon called him ‘‘my closest personal friend in all of political life.’’ Along with Senator Joseph McCarthy, they were the avatars of anti-Communism in America. Hoover’s F.B.I. was not unlike what Trump seems to have imagined the agency still to be: a law-enforcement apparatus whose flexible loyalties were bent to fit the whims of its director. In his half-century at the helm of the F.B.I., Hoover rarely approved cases against politicians. In the 1960s, he much preferred going after the civil rights and antiwar movements and their leaders, and his agents routinely broke the law in the name of the law.

In 1975, however, Congress, emboldened by Watergate and newly attuned to its watchdog responsibilities, began its first full-scale investigation of this legacy, and of similar abuses at the C.I.A. Edward Levi, Gerald Ford’s attorney general, gave the F.B.I. an unprecedented assignment: investigating itself. Fifty-three agents were soon targets of investigations by their own agency, implicated in crimes committed in the name of national security. Mark Felt, the agency’s second-in-command (who 30 years later revealed himself to have been Bob Woodward’s source ‘‘Deep Throat’’), and Ed Miller, the F.B.I.’s intelligence director, were convicted of conspiring to violate the civil rights of Americans. (President Ronald Reagan later pardoned them.) The F.B.I.’s rank and file felt it was under attack. ‘‘Every jot of wrongdoing — whether real, imagined or grossly exaggerated — now commands an extraordinary amount of attention,’’ Clarence Kelley, the F.B.I. director under Presidents Nixon, Ford and Jimmy Carter, said in 1976. The American people, he argued, could not long endure ‘‘a crippled and beleaguered F.B.I.’’

The Iran-contra scandal provided the bureau with its first great post-Watergate test. On Oct. 5, 1986, Sandinistas in Nicaragua shot down a cargo plane, which bore an unassuming transport-company name but was found to contain 60 Kalashnikov rifles, tens of thousands of cartridges and other gear. One crew member was captured and revealed the first inklings of what turned out to be an extraordinary plot. Reagan’s national-security team had conspired to sell American weapons to the Iranian Revolutionary Guard and, after marking up the price fivefold, skimmed the proceeds and slipped them to the anti-Communist contra rebels in Nicaragua. This was a direct violation of federal law, as Congress had passed a bill cutting off aid to the rebels, which made Iran-contra a case for the F.B.I.

In a major feat of forensics, F.B.I. agents recovered 5,000 deleted emails from National Security Council office computers, which laid out the scheme from start to finish. They opened a burn bag of top-secret documents belonging to the N.S.C. aide Oliver North and found a copy of elaborately falsified secret testimony to Congress. They dusted it for fingerprints and found ones belonging to Clair George, chief of the clandestine service of the C.I.A. In short order, an F.B.I. squad was inside C.I.A. headquarters, rifling through double-locked file cabinets. Almost all the major evidence that led to the indictments of 12 top national-security officials was uncovered by the F.B.I.

George H. W. Bush pardoned many of the key defendants at the end of his presidency, on Christmas Eve 1992 — just as Reagan pardoned Mark Felt and Ford pardoned Nixon. This was the limit of the agency’s influence, the one presidential power that the F.B.I. could not fight. But over the course of two decades and five presidents, the post-Hoover relationship between the F.B.I. and the White House had settled into a delicate balance between the rule of law and the chief of state. Presidents could use secrecy, and sometimes outright deception, to push their executive powers to the limit. But the F.B.I., through its investigative brief, retained a powerful unofficial check on these privileges: the ability to amass, and unveil, deep secrets of state. The agency might not have been able to stop presidents like Nixon and Reagan from overreaching, but when it did intervene, there was little presidents could do to keep the F.B.I. from making their lives very difficult — as Bill Clinton discovered in 1993, when he appointed Louis J. Freeh as his F.B.I. director.

Freeh was an F.B.I. agent early in his career but had been gone from the agency for some time when he was named to run it — so he was alarmed to discover, shortly after he started his new job, that the F.B.I. was in the midst of investigating real estate deals involving the Clintons in Arkansas. Freeh quickly turned in his White House pass. He saw Clinton as a criminal suspect in the Whitewater affair, in which the F.B.I. and a special prosecutor bushwhacked through the brambles of Arkansas politics and business for four years — and, through a most circuitous route, wound up grilling a 24-year-old former White House intern named Monica Lewinsky in a five-star hotel. The bureau, through the White House physician, had blood drawn from the president to match the DNA on Lewinsky’s blue dress — evidence that the president perjured himself under oath about sex, opening the door to his impeachment by the House of Representatives.

‘‘He came to believe that I was trying to undo his presidency,’’ Freeh wrote of Clinton in his memoir. Clinton’s allies complained after the fact that Freeh’s serial investigations of the president were not just a headache but also a fatal distraction. From 1996 to 2001, when Al Qaeda and Osama bin Laden bombed two American Embassies in Africa and plotted the Sept. 11 attacks, the F.B.I. spent less time and money on any counterterrorism investigation than it did investigating claims that Chinese money bought influence over President Clinton though illegal 1996 campaign contributions — an immense project that eventually became a fiasco on its own terms. One of the F.B.I.’s informants in the investigation was a socially promi­nent and politically connected Californian named Katrina Leung. At the time, Leung was in a sexual relationship with her F.B.I. handler, James J. Smith, chief of the bureau’s Los Angeles branch’s China squad. Smith had reason to suspect that Leung might be a double agent working for Chinese intelligence, but he protected her anyway.

The F.B.I. buried the scandal until after Clinton left the White House in 2001. By the time it came to light, Freeh was out the door, and President George W. Bush had chosen Robert Mueller as the sixth director of the F.B.I.

Born into a wealthy family, Mueller exemplified ‘‘the tradition of the ‘muscular Christian’ that came out of the English public-school world of the 19th century,’’ Maxwell King, Mueller’s classmate at St. Paul’s, the elite New England prep school, told me. Mueller arrived at F.B.I. headquarters with a distinguished military record — he earned a bronze star as a Marine in Vietnam — and years of service as a United States attorney and Justice Department official. It was a week before the Sept. 11 attacks, and he was inheriting an agency ill suited for the mission that would soon loom enormously before it. Richard A. Clarke, the White House counterterrorism czar under Clinton and Bush, later wrote that Freeh’s F.B.I. had not done enough to seek out foreign terrorists. Clarke also wrote that Freeh’s counterterror chief, Dale Watson, had told him: ‘‘We have to smash the F.B.I. into bits and rebuild it.’’

Mueller had already earned the respect of the F.B.I. rank and file during his tenure as chief of the criminal division of the Justice Department. When he started work at the Justice Department in 1990, the F.B.I. had been trying and failing for two years to solve the bombing of Pan Am Flight 103 over Lockerbie, Scotland. ‘‘The F.B.I. was not set up to deal with a major investigation like this,’’ Richard Marquise, an F.B.I. intelligence analyst who became the leader of the Lockerbie investigation under Mueller, said in an F.B.I. oral history. ‘‘I blame the institution.’’

Mueller used his power under law to obliterate the F.B.I.’s byzantine flow charts of authority in the case. ‘‘We literally cut out the chains of command,’’ Marquise said. ‘‘We brought in the C.I.A. We brought the Scots. We brought MI5 to Washington. And we sat down and we said: ‘We need to change the way we’re doing business. . . . We need to start sharing information.’ ’’ It was a tip from the Scots that put Marquise on the trail of the eventual suspect: one of Col. Muammar el-Qaddafi’s intelligence officers, whose cover was security chief for the Libyan state airlines. Qaddafi’s spy, Abdel Basset Ali al-Megrahi, was indicted in 1991. It took until the turn of the 21st century, but he was convicted.

It meant a great deal to Mueller, in the Lockerbie case, that the evidence the F.B.I. produced be deployed as evidence in court, not justification for war. In a speech he gave at Stanford University in 2002, concerning the nation’s newest threat, he spoke of ‘‘the balance we must strike to protect our national security and our civil liberties as we address the threat of terrorism.’’ He concluded: ‘‘We will be judged by history, not just on how we disrupt and deter terrorism, but also on how we protect the civil liberties and the constitutional rights of all Americans, including those Americans who wish us ill. We must do both of these things, and we must do them exceptionally well.’’

These views made Mueller something of an outlier in the Bush administration; five days after the Sept. 11 attacks, Vice President Dick Cheney was warning that the White House needed to go over to ‘‘the dark side’’ to fight Al Qaeda. Among the darkest places was a top-secret program code-named Stellar Wind, under which the N.S.A. eavesdropped freely in the United States without search warrants.

By the end of 2003, Mueller had a new boss: James Comey, who was named deputy attorney general. Comey was read into the Stellar Wind program and deemed it unconstitutional. He briefed Mueller, who concurred. They saw no evidence that the surveillance had saved a single life, stopped an imminent attack or uncovered an Al Qaeda member in the United States. In the first week of March, the two men agreed that the F.B.I. could not continue to go along with the surveillance programs. They also thought Attorney General John Ashcroft should not re-endorse Stellar Wind. Comey made the case to Ashcroft.

In remarkable congressional testimony in 2007, Comey would describe what happened next: Hours later, Ashcroft keeled over with gallstone pancreatitis. He was sedated and scheduled for surgery. Comey was now the acting attorney general. He and the president were required to reauthorize Stellar Wind on March 11 for the program to continue. When Comey learned the White House counsel and chief of staff were heading to the hospital of the night of March 10 to get the signature of the barely conscious Ashcroft, Comey raced to Ashcroft’s hospital room to head them off. When they arrived, Ashcroft lifted his head off the pillow and told the president’s men that he wouldn’t sign. Pointing at Comey, he said: ‘‘There is the attorney general.’’

Bush signed the authorization alone anyway, asserting that he had constitutional power to do so. Mueller took meticulous notes of these events; they were partly declassified years later. On March 11, he wrote that the president was ‘‘trying to do an end run around’’ Comey, at the time the nation’s chief law-enforcement officer. At 1:30 a.m. on March 12, Mueller drafted a letter of resignation. ‘‘I am forced to withdraw the F.B.I. from participation in the program,’’ he wrote. If the president did not back down, ‘‘I would be constrained to resign as director of the F.B.I.’’ And Comey and Ashcroft would go with him.

Seven hours later, with the letter in the breast pocket of his suit, Mueller sat alone with Bush in the Oval Office. Once again, the F.B.I. had joined a battle against a president. Mueller’s notes show that he told Bush in no uncertain terms that ‘‘a presidential order alone’’ could not legalize Stellar Wind. Unless the N.S.A. brought Stellar Wind within the constraints of the law, he would lose his F.B.I. director, the attorney general and the acting attorney general. In the end, Bush relented — it took years, but the programs were put on what Mueller considered a defensible legal footing.

Trump’s showdown with Comey and its aftermath is the fifth confrontation between the F.B.I. and a sitting president since the death of J. Edgar Hoover, and the first in which the president’s principal antagonists, Mueller and Comey, have been there before. When Bush faced the same two men, he was acutely aware of the history that attended their confrontation. He wrote later that he realized their resignations could be the second coming of the Saturday Night Massacre, the penultimate disaster of Nixon’s presidency, when the embattled president keelhauled the special prosecutor pursuing the secret White House tapes and lost his attorney general and deputy attorney general in the process. The question is whether Trump cares enough about the consequences of history to avoid repeating it.

For the Watergate veterans John Mindermann and Paul Magallanes, the news of recent weeks has come with a certain amount of professional gratification. When I spoke with them on June 14, both agents said they wanted the bureau’s role as a check on the president to be in the public eye. For years, they felt that their own work had gone unacknowledged. ‘‘We never got an ‘attaboy’ letter from our superiors,’’ Mindermann said. ‘‘But we changed history, and we knew it.’’ Magallanes had always been bothered by how, in the collective American memory, Nixon’s downfall was attributed to so many other authors: Woodward and Bernstein, crusading congressional committees, hard-nosed special prosecutors. To the agents who were present at the time, it was first and foremost an F.B.I. story. ‘‘We were the people who did the work,’’ Magallanes told me. ‘‘It was we, the F.B.I., who brought Richard Nixon down. We showed that our government can investigate itself.’’