Hey Comey, Your Friday Night DocDump Proves Intent

One has to wonder if James Comey even read the 302’s he approved for release late Friday. Seems all kinds of people were in fact sounding alarms and telling the truth but the FBI did not see anything related to intent? Wow….Hillary’s own close and long time friend as well as attorney, Cheryl Mills is at the core of this whole matter, but yet we are told by the House Oversight and Government Reform Committee Chairman, Jason Chaffetz that lil’ old Cheryl was given immunity. Full immunity? Good question, has anyone seen the immunity document granted by the Department of Justice? No…not yet.

 

All of us can officially declare that we have lost any hope for the Department of Justice practicing good law and sadly we can say that the Director of the FBI, James Comey too was part of this collusion. So, sit back and read these items if you can stand it. Fair warning…. this IS INTENT.

We will start with a Reuters piece in part:

A State Department employee, whose name was redacted, told investigators they believed senior department officials interfered with the screening of Clinton’s emails for public release last year in a way that helped Clinton.

The employee, who worked on the screening process, said there was pressure to obscure the fact they were finding classified information in the messages. John Kirby, a State Department spokesman, said in a statement the department “strongly disputes” the claim of interference. Clinton repeatedly said last year she never sent or received classified information, but now says she did not do so knowingly since the release of the FBI findings.

The employee also said the Defense Department told the State Department last year it had found about 1,000 emails between Clinton and David Petraeus in its records from his time as the director of the United States Central Command.

The State Department has said that Clinton did not include any of her emails with Petraeus when her lawyers screened and returned what they said were all her work emails in 2014. A single conversation of about 10 emails later emerged last year after the Defense Department provided it.

Spokesmen for Clinton have declined to discuss the omission, and did not respond to questions about the new interview summaries.

Kirby, the department spokesman, said he could not “speculate” whether the Defense Department had found more than just a single conversation between Clinton and Petraeus. “We can only speak to the records in our possession,” he said. Full article here.

Now for more disgusting details:

27 things we learned from Clinton’s FBI files

According to the witness, State Department officials at one point attempted to classify information in order to have an excuse to redact it even though the agency’s own Office of Legal Counsel thought the email was not worthy of classification.

The witness said he and other career officers, who were typically involved in the FOIA process and in responding to congressional inquiries, were “cut out of the loop” when Clinton’s emails needed processing. Instead, new staffers were “placed” by “top State officials” to take over the job of screening Clinton’s emails; the witness said the officials — whose identities were redacted — had “a very narrow focus on all Clinton-related items and were put in positions that were not advertised.”

FOIA reviews are supposed to be performed by career officials to prevent politics from affecting the government’s response, particularly in a case as politically fraught as the Clinton email situation.

Clinton deleted nearly 1,000 emails with Petraeus

In Aug. 2015, the Pentagon called the State Department and informed an unnamed official there that “CENTCOM records showed approximately 1,000 work-related emails between Clinton’s personal email and General David Petraeus.”

The FBI noted that “[m]ost of those 1,000 emails were not believed to be included in the 30,000 emails” that Clinton turned over to the State Department in Dec. 2014.

Officials felt ‘pressure’ not to classify any Benghazi emails

 

At least one witness told the FBI he felt “pressure” not to upgrade any information in a highly-anticipated batch of 296 emails related to Benghazi.

The witness said Patrick Kennedy, the State Department’s undersecretary for management, went to the FBI and “pointedly asked” the bureau “to change [its] classification determination” for a Benghazi email that had been marked classified.

The Benghazi-related emails were among the first records from Clinton’s private server to be made public.

Kennedy “categorically rejected” the notion that he would obstruct the FOIA process when he sat down with FBI agents in Dec. 2015.

Sidney Blumenthal advised more high-level officials

Clinton has often defended her relationship to longtime confidante Sidney Blumenthal by referring to his detailed missives — some of which are now at least partially classified — as unsolicited memos from an old friend.

But Jake Sullivan, Clinton’s former deputy chief of staff, told the FBI he also spoke directly with Blumenthal during his tenure.

Sullivan said he spoke by phone with Blumenthal and emailed with him occasionally, even acting as a go-between for Blumenthal and Clinton or other high-level officials.

Blumenthal’s controversial style prompted the Obama White House to ban him from working in the administration. However, Clinton’s private emails exposed the informal position he held within Clinton’s State Department.

 

Sullivan described Blumenthal as someone who “likes to help the cause.”

State Department officials definitely knew about the server

Many high-level agency staffers, including Kennedy, have claimed they knew nothing of Clinton’s private email server until they saw stories about it in the news.

A common defense for officials who could be implicated if they admitted prior knowledge of the network has been to acknowledge Clinton’s occasional use of a personal address to send messages but to deny awareness of the hardware that sat in her basement.

One unnamed witness who worked in the State Department’s IT office told the FBI he was aware of the server system since the day Clinton was sworn in.

That was because the witness was forced to work with Bryan Pagliano, the technology specialist who had built the server for Clinton, in order for the server to accommodate Clinton’s government work.

For example, the witness “interacted with [Pagliano] to keep [the server] communicating with State systems” during the “5-6 instances” in which Clinton’s private emails were intercepted by the government’s security systems before they could reach the .gov inboxes of her colleagues.

Although the witness helped Pagliano keep the server running remotely, the individual told the FBI “he did not know how the server was paid for or where it was physically located.”

At least three people had emails on the ‘clintonemail.com’ network

Besides Clinton, the only other individual known to have used an email address on the “clintonemail.com” domain was Huma Abedin, then her deputy chief of staff.

Justin Cooper, a former aide to Clinton’s husband and to the Clinton Foundation, told the FBI that at least one other person used an account on that network “as part of their association or work for Hillary Clinton.”

That person’s name, or multiple other names, were redacted by the FBI. Clinton has sworn under penalty of perjury that Cheryl Mills, her former chief of staff, did not use an account on the server.

Pagliano tried to sound the alarm

In a Dec. 2015 interview with the FBI, Clinton’s former IT aide said he had repeatedly attempted to warn her team about the potential record-keeping implications of her unauthorized network.

Pagliano said he had been called into a high-level State Department official’s office in summer 2009 and asked if he knew about the existence of a “clintonemail.com” domain in use by the former secretary of state.

When Pagliano relayed the incident to individuals whose names were redacted, an unidentified witness had a “visceral” reaction and “didn’t want to know anymore.”

One unidentified witness told Pagliano in 2009 that Clinton’s private email use “may be a federal records retention issue” and stated “that he wanted to convey this to Hillary Clinton’s inner circle, but could not reach them.”

Pagliano said he “then approached Cheryl Mills in her office and relayed [redacted]’s concerns regarding federal records retention and the use of a private email server.”

However, Mills dismissed the concerns by arguing other former secretaries of state had done the same thing — an assertion later proven false.

Witnesses were nervous about talking to the FBI

One former State Department aide told investigators she was worried Clinton would be angry if she learned the unnamed individual had spoken to the FBI.

At the end of her Dec. 2015 interview, the witness told agents “she had not mentioned the interview to Clinton or any of [her] contacts from [State Department].” That witness explained her concerns that Clinton and her staff “could be upset to learn she spoke with the FBI without telling them.”

President Obama used a fake name

During an interview with Abedin, FBI agents presented the longtime Clinton aide with a copy of an email from Obama to Clinton.

The president had used a pseudonym to communicate with Clinton on her private server.

“How is this not classified?” Abedin “exclaimed,” according to the FBI’s summary of its conversation with her.

Abedin explained that Clinton had notified the White House when she changed her primary email address because Obama’s network was set up to block unfamiliar accounts from sending him messages.

The new revelation has raised questions about the president’s claims to have had no knowledge of Clinton’s private email use before March 2014, since her private address had to be added manually to a list of accounts with permission to communicate with his own server.

FBI agents conducted interviews in Denver, San Francisco

FBI agents traveled to Denver in September of last year to question employees of Platte River Networks, the Colorado company Clinton hired in 2013 to manage her email network.

At least one employee of Platte River, Paul Combetta, was granted an immunity agreement in exchange for information.

Combetta was asked to delete emails in defiance of a preservation order for those documents that had been issued by the House Select Committee on Benghazi.

Agents also traveled to San Francisco to question Lewis Lukens, a former State Department official during Clinton’s tenure.

Clinton’s team tried to mop up emails after NYT story

In March 2015, an unspecified individual from Clinton’s staff reached out to Platte River to determine how many emails existed and where those records were stored. The New York Times exposed Clinton’s private email use in a story on March 1 of that year.

Clinton’s team sprang into action in the immediate aftermath of that story, scrambling to account for the location of any email she might have sent during her State Department tenure in the days between the initial Times story and her first public statements on the controversy at a press conference on March 10, 2015.

Another unnamed employee at the firm said he received an email from Clinton’s staff on March 9 of that year but told FBI agents he “did not recall seeing” the preservation order attached to that email by David Kendall, Clinton’s primary attorney.

Yet another unnamed staffer from Platte River told investigators he genuinely believed the archive of Clinton’s emails “should still be on the server in possession of the FBI.”

He said only two people in the world had the authorization to delete an entire mailbox. The names of those two individuals were redacted.

A dated list of files on the server indicated the archive of Clinton’s emails was still on the server by the time the list was generated in Jan. 2015 — a month after the original batch of 30,000 emails was provided to the State Department.

But at some point over the next few months, someone scrubbed the archive from the server.

Staffers shattered discs that stored emails

After Cheryl Mills, Clinton’s former chief of staff, asked a Platte River staffer in July 2014 to hand over all of Clinton’s correspondence with any address that ended in “.gov,” the employee burned the emails onto DVDs and prepared to ship them to Mills.

However, Mills said she didn’t want the discs to be transferred via mail and instead asked the tech specialist to arrange a “secure electronic transfer” of the emails. The Platte River staffer said he “destroyed the DVDs by breaking them in half” once the digital transfer was complete.

The July 2014 request came just two months after the House Select Committee on Benghazi was created

Witnesses pleaded the 5th during FBI interviews

One employee of Platte River was advised by the company’s lawyer to invoke his Fifth Amendment rights and refuse to answer any further questions when FBI investigators started asking about what the technology specialist had discussed with Kendall.

The agents referred to documentation that the employee had spoken to Mills and Kendall on a March 31, 2015 conference call.

That employee used a digital deletion tool called Bleachbit to scrub emails from the server on the very same day.

The State Department timeline doesn’t fit

Multiple witnesses told the FBI that Mills asked them to round up all of Clinton’s work-related emails in July of 2014. The timing of the request described to investigators fits with the progression of the Benghazi committee’s probe.

But the State Department has said it did not ask Clinton for her emails until Oct. 2014, and claims it only did so because officials realized they had no emails from previous secretaries of state.

Clinton has long touted the fact that the State Department sent letters to other secretaries of state requesting copies of personal emails.

The new timeline confirmed by the FBI suggests it took Clinton’s staff five months to prepare her work-related emails for submission to the State Department. The 30,000 emails she ultimately provided were not given to the agency until early Dec. 2014.

Clinton relied on staff outside State

Justin Cooper, an aide to Clinton’s husband and a former Clinton Foundation adviser, supported Clinton’s staff during her time at the State Department.

Monica Hanley, Clinton’s assistant, told the FBI she would contact Cooper each time she needed to synch Clinton’s BlackBerry with the server that was partially under Cooper’s care.

What’s more, Hanley said she would contact Cooper — not anyone at the State Department — “when [she] needed reimbursement for items she purchased for Clinton.”

Like Pagliano, Cooper performed services for Clinton that were related to her State Department work but that were paid for out of the Clinton’s own pocket.

There’s a lost thumb drive with all the emails on it

Hanley was tasked with transferring all of Clinton’s emails onto a laptop Cooper provided from the Clinton Foundation. That laptop eventually got lost in the mail, a detail that was revealed in the 58 pages of notes the FBI released on Sept. 2.

But Hanley also transferred all of Clinton’s emails onto a thumb drive at the same time. She told the FBI she “could not recall what happened to the thumb-drive.”

The transfer came in spring 2013, shortly after longtime Clinton confidante Sidney Blumenthal’s inbox was breached by a Romanian hacker. Platte River advised the former secretary of state to change email addresses, touching off the shuffle of records onto devices that were ultimately lost.

Clinton’s attorney was cleaning up

In addition to the conference call with a Platte River employee that prompted that employee to suddenly invoke his Fifth Amendment rights, Kendall contacted Hanley in “March or April 2015,” shortly after the New York Times story was published.

Hanley did not describe what she and Kendall discussed, but she immediately cleaned out State Department records from her inbox after she spoke with him.

“Following her conversation with Kendall, Hanley searched the Gmail account she used while at [State Department] for any email communications with state.gov accounts and deleted emails associated with state.gov accounts,” the FBI wrote in its report.

An aide left classified documents in a Russian hotel room

Hanley was given “verbal security counseling” after she accidentally left a classified document and a sensitive “briefing book” in a Russian hotel suite she was using with Clinton.

Diplomatic security officers “found a classified document from the briefing book in the suite during a sweep following Clinton and Hanley’s departure” and later told Hanley “the briefing book and the document should never have been in the suite.”

Kennedy may have misled the inspector general

Patrick Kennedy, the undersecretary for management with a history of blocking inspector general probes, assured State Department Inspector General Steve Linick that Clinton had turned over electronic copies of her emails in a July 2015 meeting with the watchdog.

Then, when Linick requested the electronic file for those emails, Kennedy said he only had hard copies.

Linick also referred the FBI to additional witnesses who alleged current employees at the State Department have been “meddling with the FOIA review process.” Other witnesses pointed to Kennedy as a potential interference in the document screening that took place before Benghazi-related records were provided to Congress.

During his internal probe of agency email practices, Linick said Pagliano refused to be interviewed by the inspector general’s team about his involvement with the Clinton network.

Clinton ‘could not use a computer’

Abedin told the FBI Clinton conducted most of her work in person or on paper due to her limitations with technology.

“Abedin explained that Clinton could not use a computer and that she primarily used her iPad or BlackBerry for checking emails,” the FBI wrote of its April interview with Abedin.

Another witness told the FBI Clinton had “little patience” for technology problems.

State officials weren’t buying Clinton’s email excuses

Clinton continues to stress the fact that most of the classified emails found on her server were only retroactively designated as such — that is, they were not classified at the time they were written, but merely upgraded to classified at a later date due to a change in circumstances regarding the information.

An unnamed witness told the FBI he had “heard the argument” but didn’t quite buy it.

“It was very rare for something that was actually unclassified to become classified years after the fact,” the witness told investigators.

Including the retroactively classified documents, there were more than 2,000 classified records on Clinton’s server.

Clinton left the doors of her SCIF open when she wasn’t home

The State Department had installed SCIFs, or areas designed for the secure consumption of classified material, in both her her New York and Washington, D.C. homes.

Clinton did not always keep those areas secure, however. Cooper told the FBI she was careless when it came to keeping the SCIFs locked.

“The SCIF doors at both residences were not always secured, including times when Clinton was not at the residences,” Cooper told the FBI, according to its summary of their second of three interviews with the former Clinton family aide.

State officials worried about Clinton and classified material from the start

Eric Boswell, assistant secretary for diplomatic security for most of Clinton’s tenure, said his team had concerns about how the incoming secretary of state and her staff would treat classified areas from the beginning of their tenures.

Specifically, diplomatic security personnel worried that Clinton and her team would use their BlackBerrys inside the SCIF that encompasses much of the seventh floor at State Department headquarters, an area known as “Mahogany Row.”

Clinton’s staff had asked for a classified-enabled BlackBerry upon joining the agency, but Boswell said no such device exists.

“There was some general concern within [State Department] security personnel that Clinton’s executive staff may try to use their Blackberries [sic] in the SCIF as they were almost all brought on to [State Department] from Clinton’s campaign team, and thus were very accustom to using their Blackberries [sic],” the FBI wrote in a summary of its Feb. 2016 interview with Boswell.

Clinton frequently used a flip phone

Clinton cycled through eight BlackBerry while she was secretary of state for a total of 13 devices throughout the life of her email server, the FBI revealed earlier this month.

But she also used a flip phone to make calls, Cooper said, because she found the device “more comfortable to talk on.”

The flip phone allowed her to check emails on her Blackberry while talking on the phone, Cooper told the FBI. He could not identify what model she used and it is unclear whether the FBI ever recovered any of the flip phones in Clinton’s possession.

Tech aides described ‘Hillary cover-up operation’

Platte River employees sent emails describing the ‘Hilary [sic] coverup [sic] operation’ after Clinton’s staff asked them to begin wiping emails in Dec. 2014.

The unnamed employee who authored the phrase told FBI agents that his reference to the “cover-up” was a joke.

Clinton created second personal account when server crashed

The former secretary of state set up a previously undisclosed email account to communicate when her private server system was down.

Hanley told FBI investigators that Clinton likely created the second private account — a “gmail.com” address — to send messages when her server crashed in 2011 during a trip to Croatia.

Clinton’s top aides were hacked

Stephen Mull, a top record-keeping official at the State Department, told the FBI that “sometime in 2011,” he learned from diplomatic security officers about “concern over the possibility that some personal email accounts of [State Department] employees were hacked.”

Mull said Sullivan, who was one of the aides most frequently in contact with Clinton on her email, was among those hacked in the breaches.

Blame Loretta Lynch, Beth Wilkinson and the White House

 

Political activism is the real job of those inside the beltway. Everything and everyone outside of that perimeter is not part of reality, or at least that is how the Federal government operates. The House Oversight and Government Reform Committee is our method to checks and balances and yet, not one case they have been burdened to investigate has proven fruitful at all. What say you? We don’t see any recoil on this and this precisely how the Obama system has worked for 8 years. It is federal legal terror.

Top Clinton aide Cheryl Mills granted partial immunity in email investigation

A source says the immunity offer came after the FBI interviewed Mills when investigators asked to go through her computers to see if it still contained classified information.

Politico: Top Hillary Clinton aide Cheryl Mills received an immunity deal from the Justice Department in the FBI’s investigation into the former secretary of state’s private email server, records shown to Congress revealed Friday, re-injecting the email controversy into the presidential campaign just days before her first debate with Donald Trump.

In addition to Mills, Clinton’s former chief of staff at State, grants of partial immunity were also extended to former Clinton aide Heather Samuelson, who worked as State’s White House liaison and later as a private attorney for Clinton and to John Bentel, who was director of the the Information Resources Management section in the secretary of state’s office, lawmakers said.

The newly disclosed information brings to five the number of individuals known to have received some form of immunity in connection with the FBI probe, which ended with the bureau recommending that no charges be brought against Clinton or her aides for mishandling classified information.

“This is beyond explanation. The FBI was handing out immunity agreements like candy,” House Oversight Chairman Jason Chaffetz (R-Utah) said Friday in a statement. “I’ve lost confidence in this investigation and I question the genuine effort in which it was carried out. Immunity deals should not be a requirement for cooperating with the FBI.”

The immunity grants to Mills and Samuelson were narrow, covering only their handover of laptops used in 2014, after Clinton left State, to conduct a review of the former secretary’s emails to separate work-related messages from those purely personal in nature. The immunity came after the women were interviewed by the FBI and did not cover any of their statements. People familiar with the immunity offer said it was not related to the lawyers’ testimony, noting that FBI Director James Comey said in July there was no evidence of a deletion aimed at frustrating the investigation.

A lawyer for Mills and Samuelson, Beth Wilkinson, said she requested the immunity grants because of inter-agency disputes about whether some information in Clinton’s emails was classified.

“As the government indicated in these letters, the DOJ and FBI considered my clients to be witnesses and nothing more. Indeed, the Justice Department assured us that they believed my clients did nothing wrong. At all points my clients cooperated with the government’s investigation, including voluntarily participating in interviews with the FBI and DOJ,” Wilkinson said in a statement.

“The letters released to the Hill today only covered the computers that my clients had used in performing their legal work,” Wilkinsion added. “Because of the confusion surrounding the various agencies’ positions on the after-the-fact classification decisions, I advised my clients to accept this letter from DOJ.”

Bentel, however, received immunity before speaking with the FBI, people familiar with the situation said. Former State employees told agency investigators Bentel brushed back their concerns about Clinton’s email setup.

Democrats on the House Oversight Committee stressed in a statement emailed to reporters that the immunity offers to Mills and Samuelson were “very limited.”

“These very limited immunity agreements did not extend to any testimony before Congress, statements to the FBI, or assertions to any other investigators,” they said.

The Clinton campaign attributed the information’s release to the proximity of Monday’s presidential debate.

“House Republicans are trying to make something out of nothing by rummaging through the files of a Justice Department investigation that was closed months ago without any charges whatsoever, and leaking selective details three days before the first presidential debate,” Clinton spokesman Brian Fallon said in a statement, noting that Mills and Samuelson cooperated fully with the FBI’s inquiry and “had already given full interviews to the investigators.”

A top aide to Donald Trump’s presidential campaign said word of the additional immunity grants underscored the recklessness of Clinton’s conduct.

“Revelations that three additional individuals, including Cheryl Mills, were granted immunity from prosecution in Hillary Clinton’s email scandal shows this was without a doubt a criminal scheme,” Trump aide Jason Miller said in a statement. “At its heart, Clinton’s secret server was an end run around government transparency laws designed to hide corruption between the Clinton Foundation and her State Department, an arrangement which ultimately put our national security and sensitive diplomatic efforts at risk. No one with judgment this bad should be allowed to serve as president of the United States or hold any public office.”

Miller also suggested that the immunity grants were aimed at preventing Clinton from facing justice in the case.

“What has become abundantly clear is that the Obama administration is protecting Hillary Clinton from accountability at all costs because she will keep the rigged system in Washington in place. In light of this development, Hillary Clinton must immediately come forward and promise the American people that none of these individuals will ever serve in any capacity in her administration,” the Trump aide added.

For weeks, House Republicans have been seeking the FBI’s full file in the probe and, last week, issued a subpoena demanding the records.

Republicans disclosed the immunity agreements just after learning about them in investigative records shown to congressional staff by the Justice Department on Friday.

Immunity offers to witnesses are not made by the FBI, but by the Justice Department. A department spokesman declined to comment. A spokeswoman for the FBI had no immediate comment.

It was previously disclosed that prosecutors granted immunity to former State Department computer specialist Bryan Pagliano and to a computer technician Clinton hired through a private firm, Paul Combetta of Denver-based Platte River Networks. The immunity deals for the two appear to be broader than those given to Mills and Samuelson, although no one in the probe is known to have received full immunity.

Read more: http://www.politico.com/story/2016/09/mills-immunity-228580#ixzz4L71Eulie
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Read more: http://www.politico.com/story/2016/09/mills-immunity-228580#ixzz4L711E9w4
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Hoorah for Senator(s) Grassley/Johnson, Shame on WH/DHS

Primer: The OIG report is here.

FreeBeacon: The number of individuals who were supposed to have been deported but were instead granted citizenship is far higher than was initially reported by media covering the Department of Homeland Security Inspector General’s office report on the matter.

On Monday, the Inspector General reported that 858 individuals from “special interest countries” — meaning countries that are considered to be “of concern to the national security” of the US — were supposed to have been deported but were instead granted US citizenship.

The Department of Homeland Security Inspector General’s office said in a footnote that 1,811 people had been granted citizenship wrongly. More here.

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Email shows federal immigration bosses in OT push to swear in new citizens ‘due to election’

FNC: An internal Obama administration email shows immigration officials may be literally working overtime to swear in as many new “citizen voters” as possible before the Nov. 8 presidential election, a powerful lawmaker charged Thursday.

The email, from a U.S. Citizenship and Immigration Services field office chief and part of a chain of correspondence within the agency, urges the unnamed recipient to swear in as many citizens as possible “due to the election year.”

“The Field Office due to the election year needs to process as many of their N-400 cases as possible between now and FY 2016,” reads the email, which was disclosed to FoxNews.com by Sen. Ron Johnson, R-Wis., who chairs the Committee on Homeland Security and Governmental Affairs.

“If you have cases in this category or other pending, you are encouraged to take advantage of the OT if you can,” the email continues. “This will be an opportunity to move your pending naturalization cases. If you have not volunteered for OT, please consider and let me know if you are interested.”

Parts of the email were redacted before it was disclosed to FoxNews.com, but it was sent by the branch chief of the Houston Field Office District 17. It was not clear to whom it was addressed.

“I couldn’t have said it better!” reads the July 21 note introducing the forwarded missive. “It’s the end of the year crunch time, so let’s get crunchy! Go Team Houston! Thanks for all your hard work!”

Johnson and Sen. Charles Grassley, R-Iowa, in a Wednesday letter to Department of Homeland Security Secretary Jeh Johnson, said it appears the agency is trying to swear in new citizens as the election between Democrat nominee Hillary Clinton and GOP choice Donald Trump approaches.

“Your department seems intent on approving as many naturalization cases as quickly as possible at a time when it should instead be putting on the brakes and reviewing past adjudications,” the senator’s letter read.

Johnson referred to a report this week from the Department of Homeland Security’s Inspector General that found at least 858 people from terror hotspots and other countries of concern had been mistakenly granted citizenship despite facing orders of deportation under other identities.

“Considering that USCIS already has a troubling record of inadequate review of naturalization applications, and mistakenly giving away citizenship to terrorists, criminals and other fraudsters, it is disturbing that they are now in full and blind rubber stamp mode to crank out new citizens,” said Jessica Vaughan, director of Policy Studies for the Center for Immigration Studies.

In a USCIS planning document submitted to Congress earlier this year, USCIS reported it expected to receive 828,000 total applications this year, up from a planned 815,000 last year, an increase of 13,000, Vaughan said.

A DHS official did not immediately offer comment on the matter.

The effort is reminiscent of a similar bid to bring in new voters when Bill Clinton ran for re-election in 1996, said Claude Arnold, a retired U.S. Immigration and Customs Enforcement special agent in charge of Homeland Security Investigations.

“I am not at all surprised by this revelation,” Arnold said. “This is a repeat of the Clinton election playbook. Then it was to help re-elect Bill Clinton, this time it is to help elect Hillary Clinton.”

The all-out push shows the Obama administration is using levers to help Clinton win, said Dan Stein, president of Federation for American Immigration Reform.

“In the pursuit of a partisan advantage, one party has decided integrity in the system is irrelevant,” Stein said. “They don’t really care about checking backgrounds or verifying status and eligibility – it is more about increasing the number of eligible voters in the upcoming election.”

 

Ineligible Individuals Have Been Granted U.S. Citizenship

Sheesh….fingerprints eh? And those migrants, refugees and asylees don’t have any reference database for fingerprint history much less any travel documents applications.

As citizens they can vote, seek and hold sensitive jobs and more. Don’t you just wonder what DHS Secretary Jeh Johnson has to say on this? Oh wait….more money from Congress will solve it all.

Summary of the Inspector General’s report:

USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not available. The digital records were not available because although USCIS procedures require checking applicants’ fingerprints against both the Department of Homeland Security’s and the Federal Bureau of Investigation’s (FBI) digital fingerprint repositories, neither contains all old fingerprint records. Not all old records were included in the DHS repository when it was being developed. Further, U.S. Immigration and Customs Enforcement (ICE) has identified, about 148,000 older fingerprint records that have not been digitized of aliens with final deportation orders or who are criminals or fugitives. The FBI repository is also missing records because, in the past, not all records taken during immigration encounters were forwarded to the FBI. As long as the older fingerprint records have not been digitized and included in the repositories, USCIS risks making naturalization decisions without complete information and, as a result, naturalizing additional individuals who may be ineligible for citizenship or who may be trying to obtain U.S. citizenship fraudulently.

As naturalized citizens, these individuals retain many of the rights and privileges of U.S. citizenship, including serving in law enforcement, obtaining a security clearance, and sponsoring other aliens’ entry into the United States. ICE has investigated few of these naturalized citizens to determine whether they should be denaturalized, but is now taking steps to increase the number of cases to be investigated, particularly those who hold positions of public trust and who have security clearances.

****

In July 2014,3 OPS provided the Office of Inspector General (OIG) with the names of individuals it had identified as coming from special interest countries or neighboring countries with high rates of immigration fraud, had final deportation orders under another identity, and had become naturalized U.S. citizens. OIG’s review of the list of names revealed some were duplicates, which resulted in a final number of 1,029 individuals. Of the 1,029 individuals reported, 858 did not have a digital fingerprint record available in the DHS fingerprint repository at the time U.S. Citizenship and Immigration Services (USCIS) was reviewing and adjudicating their applications for U.S. citizenship.  

USCIS checks applicants’ fingerprint records throughout the naturalization process. By searching the DHS digital fingerprint repository, the Automated Biometric Identification System (IDENT) and the Federal Bureau of Investigation (FBI) digital fingerprint repository, the Next Generation Identification (NGI) system,5 USCIS can gather information about an applicant’s other identities (if any), criminal arrests and convictions, immigration violations and deportations, and links to terrorism. When there is a matching record, USCIS researches the circumstances underlying the record to determine whether the applicant is still eligible for naturalized citizenship.

If USCIS confirms that an applicant received a final deportation order under a different identity, and there are no other circumstances to provide eligibility, USCIS policy requires denial of naturalization. Also, USCIS may refer the applicant’s case to U.S. Immigration and Customs Enforcement (ICE) for investigation. Likewise, if a naturalized citizen is discovered to have been ineligible for citizenship, ICE may investigate the circumstances and refer the case to the Department of Justice for revocation of citizenship. Read the complete report here.

 

Happy Constitution Day, Every Day?

Appreciate Checks and Balances on Constitution Day

This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.

The Constitution deserves celebration.

Civil rights enshrined in the Bill of Rights ensure numerous freedoms absent in other parts of the world. We are not kidnapped and detained without cause. We are free to practice our faith, and wear religious garments as suits our conscience. And we are free to group together and participate in political debate.

But we often overlook the benefit of a checked and balanced government. The Constitution prescribed a three-branched government to ensure that no faction could unaccountably overstep its authority. As children learn, the legislative branch makes law, taxes, and spends (Article I), the executive branch enforces law (Article II), and the judicial branch resolves cases and controversies before it (Article III).

For most of the our history, the Constitution has limited the federal government’s capacity to create law, tax, regulate, and criminalize. The three branches have the power to check each other, and the ballot box ultimately holds politicians accountable.

But the Framers could not foresee the emergence of the regulatory state, which has effectively become the fourth branch of U.S. government.

Congress abdicated its lawmaking powers to literally countless agencies from the New Deal era to the present day. Agency bureaucrats can and do generate regulations autonomously. In 1946, Congress passed the Administrative Procedures Act, which prescribed the “notice-and-comment” process to constrain agency rulemaking, but this is a poor substitute for the accountable and divided government framed by the Constitution. While the public may comment on proposed regulations before enactment, regulators may ignore opposition to costly new rules, or even fabricate public support in favor of regulation.

Agencies increasingly avoid notice-and-comment rulemaking altogether using what Clyde Wayne Crews calls “regulatory dark matter”: industry guidance, opinions, and interpretations. Because many agencies have enforcement power, guidance and opinion letters—even blog posts—may effectively impose new requirements and certainly new compliance costs of businesses. Through new “interpretations,” agencies take advantage of the deference courts give them. Interpretations can effectively announce new rules by decree, as when the Department of Labor unexpectedly decided that a 1938 law makes certain independent contractors into employees.

Some agencies have also become adept at usurping legislative and judicial powers by settling lawsuits with non-government organizations, which creates de facto law without formal rulemaking or appropriation. For example, the EPA currently hopes to expand its authority by imposing clean fuel standards on Volkswagen to settle unrelated diesel fraud claims. The EPA has a track record of setting policy though settled litigation.

While the three canonical branches of government counterbalance each other, the “fourth branch” simply accumulates regulations and dark matter rules over time. Layers accumulate like debris in a neglected gutter. Regulations fossilize over time, as once-burdensome rules become the expectations of industry, deterring competition and hindering innovation. Volumes of code can block the flow of economic development indefinitely.

But there is hope: the Framer’s original design is still intact. Congress and the President can scrape off regulatory debris, banish regulatory dark matter, and prevent more from accumulating.

It would be a fitting tribute to the Constitution.