Category Archives: Media corruption

H.R. 1987 versus President Trump

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Primer: Try performing an internet search of any of the names below as an introduction to their own individual scandals. Two congressional committees are assigned to this bill, they are the House Rules Committee and the House Judiciary Sub-Committee on the Constitution and Civil Justice.

The Washington Post is ‘all-in’ on advancing this legislation and is likely aiding the committees with alleged facts, all yet to be proven true or accurate. This is tiresome and impedes the people’s business of that of representatives of the House…continuity of government and the transfer of power means nothing to these people. America suffers. Additionally, these democrats are using taxpayer dollars and legislative time to do this.

Further, there is already a lot of chatter inside the Beltway about the 25th Amendment. So, here it is for your use and reference.

25th Amendment

The 25th Amendment, proposed by Congress and ratified by the states in the aftermath of the assassination of President John F. Kennedy, provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.  The Watergate scandal of the 1970s saw the application of these procedures, first when Gerald Ford replaced Spiro Agnew as vice president, then when he replaced Richard Nixon as president, and then when Nelson Rockefeller filled the resulting vacancy to become the vice president.  Read more from the Congressional Research Service here….

Amendment XXV

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

H.R. 1987 was introduced in April and the co-sponsor list of signatories is growing:

Mr. Raskin (for himself, Mr. Conyers, Mr. McGovern, Ms. Lee, Ms. Jayapal, Mr. Blumenauer, Mr. Doggett, Mr. Soto, Ms. Jackson Lee, Mr. Cohen, Mr. Gutiérrez, Ms. Judy Chu of California, Mr. Grijalva, Ms. Lofgren, Mr. Brown of Maryland, Mr. Cicilline, Mr. Takano, Ms. Wasserman Schultz, Mr. Evans, and Mr. Nadler) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned…

A BILL

To establish the Oversight Commission on Presidential Capacity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Oversight Commission on Presidential Capacity Act”.

SEC. 2. Establishment.

There is established a commission in the legislative branch to be known as the “Oversight Commission on Presidential Capacity” (in this Act referred to as the “Commission”). The Commission shall serve as the body provided by law by Congress to carry out section 4 of the 25th Amendment to the Constitution of the United States.

SEC. 3. Duty of Commission.

(a) In general.—If directed by Congress pursuant to section 5, the Commission shall carry out a medical examination of the President to determine whether the President is mentally or physically unable to discharge the powers and duties of the office, as described under subsection (b).

(b) Determination.—The determination under subsection (a) shall be made if the Commission finds that the President is temporarily or permanently impaired by physical illness or disability, mental illness, mental deficiency, or alcohol or drug use to the extent that the person lacks sufficient understanding or capacity to execute the powers and duties of the office of President.

SEC. 4. Membership.

(a) Number and appointment.—The Commission shall be composed of 11 members, appointed as follows:

(1) Two members appointed by the majority leader of the Senate.

(2) Two members appointed by the minority leader of the Senate.

(3) Two members appointed by the Speaker of the House of Representatives.

(4) Two members appointed by the minority leader of the House of Representatives.

(5) Two members—

(A) one of whom is appointed jointly by the two appointing individuals under paragraphs (1) through (4) who are members of, or caucus with, the Democratic party;

(B) one of whom is appointed jointly by the two appointing individuals under paragraphs (1) through (4) who are members of, or caucus with, the Republican party; and

(C) each of whom has served as President, Vice President, Secretary of State, Attorney General, Secretary of the Treasury, Secretary of Defense, or Surgeon General.

(6) One member, to serve as Chair of the Commission, appointed by simple majority vote of the 10 members appointed under paragraphs (1) through (5).

(b) Criteria for appointment.—

(1) IN GENERAL.—Each member appointed to the Commission under paragraphs (1) through (4) of subsection (a) shall be a physician. Of the two members appointed by each individual under such paragraphs, one shall be a physician with a specialty in psychiatry. The Chair shall be either a physician or an individual appointed under paragraph (5) of subsection (a), or both.

(2) LIMITATIONS.—A member appointed under subsection (a) may not, at the time the member is appointed or serving as a member on the Commission, be—

(A) an elected official to any Federal, State, or local office;

(B) an employee (as that term is defined in section 2105 of title 5, United States Code, including any employee of the United States Postal Service or the Postal Regulatory Commission); or

(C) a member of the Armed Forces, including reserve components thereof.

(3) PHYSICIAN DEFINED.—In this subsection, the term “physician” means a doctor of medicine licensed to practice medicine, surgery, or osteopathy in a State.

(c) Travel expenses.—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(d) Terms.—

(1) IN GENERAL.—Each member shall be appointed for a term of 4 years. A member may serve after the expiration of that member’s term until a successor has taken office.

(2) APPOINTMENT.—Each member shall be appointed during the period beginning on the date that a Presidential election is held and ending on the date that is 30 days after such election date.

(3) VACANCIES.—A vacancy in the Commission shall be filled in the manner in which the original appointment was made, not later than 30 days after the vacancy occurs. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.

SEC. 5. Examination of the President.

(a) In general.—A concurrent resolution described in this subsection is a concurrent resolution directing the Commission to conduct an examination of the President to determine whether the President is incapacitated, either mentally or physically, the title of which is “Directing the Oversight Commission on Presidential Capacity to conduct an examination of the President”, and the text of which consists solely of a directive to the Commission to conduct the examination.

(b) Procedures.—The provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of a concurrent resolution described in subsection (a) in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act.

(c) Special rules.—For purposes of applying subsection (b) with respect to such provisions, the following rules shall apply:

(1) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on the Judiciary of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on the Judiciary of the Senate.

(2) Any reference in subsection (c) to a “20-day period” shall be deemed a reference to a “48-hour period”.

(3) Any reference in subsection (d) to “the third day” shall be deemed a reference to “the first day”.

(4) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which a Member of Congress introduced a concurrent resolution described in subsection (a).

(d) Examination.—Not later than 72 hours after the adoption by Congress of the concurrent resolution described in subsection (a), the Commission shall conduct the examination described under such subsection.

SEC. 6. Report.

(a) In general.—Not later than 72 hours after completing the examination under section 4(d), and notwithstanding the HIPAA privacy regulations (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d–9(b)(3))), the Commission shall submit a report to the Speaker of the House of Representatives and the President pro tempore of the Senate describing the findings and conclusions of the examination.

(b) Consideration.—Any refusal by the President to undergo such examination shall be taken into consideration by the Commission in reaching a conclusion in the report under subsection (a).

Cyber Spy Weapons Software Used Against Activists and Journalists

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Mexico ranks 9th in journalists deaths. Find the list here by country.

Related reading: iPhone security flaw discovered, used by cyber weapons dealer

 Geek.com

Mexican Government was spying on Journalists and Activists with Pegasus Surveillance software

Journalists and activists in Mexico accused the government of spying on them with the powerful surveillance software Pegasus developed by the NSO Group.

Journalists and activists in Mexico accused the government of spying on them with a powerful surveillance software. According to the journalists, the authorities used an Israeli spyware to hack their mobile devices. The surveillance software is the questionable Pegasus that is developed by the Israeli surveillance NSO Group and sold exclusively to the governments and law enforcement agencies.

NSO Group is owned by US private equity firm Francisco Partners Management. it made the headlines after the investigation conducted by The New York Times.

People familiar with the NSO Group confirmed that the company has an internal ethics committee that monitors the sales and potential customers verifying that the software will not be abused to violate human rights.

Officially the sale of surveillance software is limited to authorized governments to support investigation of agencies on criminal organizations and terrorist groups.

Unfortunately, its software is known to have been abused to spy on journalists and human rights activists.

“There’s no check on this,” said Bill Marczak, a senior fellow at the Citizen Lab at the University of Toronto’s Munk School of Global Affairs. “Once NSO’s systems are sold, governments can essentially use them however they want. NSO can say they’re trying to make the world a safer place, but they are also making the world a more surveilled place.”

The discovery is the result of an investigation conducted by Mexican NGOs and the CitizenLab organization.

R3D, SocialTic, Article 19 and CitizenLab published a report that details the surveillance illegally operated by the Mexican government through the spyware.

Authorities have been sending malicious links to individuals’ phones, in order to trick victims into opening the messages they were specifically crafted and in some cases, the attack involved also family members if the victims were not compromised.

“The targets received SMS messages that included links to NSO exploits paired with troubling personal and sexual taunts, messages impersonating official communications by the Embassy of the United States in Mexico, fake AMBER Alerts, warnings of kidnappings, and other threats.” states the report. “The operation also included more mundane tactics, such as messages sending fake bills for phone services and sex-lines. Some targets only received a handful of texts, while others were barraged with dozens of messages over more than one and a half years. A majority of the infection attempts, however, took place during two periods: August 2015 and April-July 2016″.

Mexican Govenment surveillance

The Pegasus spyware leverages zero-day exploits to compromise both iOS and Android devices.

The government targeted individuals that exposed evidence on government corruption and activists who revealed human rights violations by the Mexican Government.

The researchers observed at least two periods of intense targeting:

  • Period 1 (August 2015) when the Mexican President was officially exonerated for his role in the “Casa Blanca” scandal on which Carmen Aristegui, a well-known reporter, had first reported, and Carlos Loret de Mola was questioning the government’s role in extrajudicial killings. Aristegui revealed that President Enrique Pena Nieto’s wife had bought a $7 million Mexico City mansion from a government contractor.
  • Period 2 (April- July 2016) when revelations of government involvement in human rights abuses and extra-judicial killings were made public.

Mexican Government spyware

According to the New York Times report, at least three Mexican federal agencies have purchased some $80 million of spyware from NSO Group since 2011.

Companies like the NSO Group operate in the dark, in a sort of “legal gray area,” despite the Israeli government exercises strict control of the export of such kind of software, surveillance applications could be abused by threat actors and authoritarian regimes worldwide.

Let me close with Key Findings of the report

  • Over 76 messages with links to NSO Group’s exploit framework were sent to Mexican journalists, lawyers, and a minor child (NSO Group is a self-described “cyber warfare” company that sells government-exclusive spyware).
  • The targets were working on a range of issues that include investigations of corruption by the Mexican President, and the participation of Mexico’s Federal authorities in human rights abuses.
  • Some of the messages impersonated the Embassy of the United States of America to Mexico, others masqueraded as emergency AMBER Alerts about abducted children.
  • At least one target, the minor child of a target, was sent infection attempts, including a communication impersonating the United States Government, while physically located in the United States.

***

Then comes former National Security Council advisor for President Trump Michael Flynn.

Cyberweapons Group Sold Spyware Used Against Political Dissidents

He earned nearly $1.5 million last year as a consultant, adviser, board member, or speaker for more than three dozen companies and individuals, according to financial disclosure forms released earlier this year.

Two of those entities are directly linked to NSO Group, a secretive Israeli cyberweapons dealer founded by Omri Lavie and Shalev Hulio, who are rumored to have served in Unit 8200, the Israeli equivalent of the National Security Agency.

Flynn received $40,280 last year as an advisory board member for OSY Technologies, an NSO Group offshoot based in Luxembourg, a favorite tax haven for major corporations. OSY Technologies is part of a corporate structure that runs from Israel, where NSO Group is located, through Luxembourg, the Cayman Islands, the British Virgin Islands, and the U.S.

Flynn also worked as a consultant last year for Francisco Partners, a U.S.-based private equity firm that owns NSO Group, but he did not disclose how much he was paid. At least two Francisco Partners executives have sat on OSY’s board.

Flynn’s financial disclosure forms do not specify the work he did for companies linked to NSO Group, and his lawyer did not respond to requests for comment. Former colleagues at Flynn’s consulting firm declined to discuss Flynn’s work with NSO Group. Executives at Francisco Partners who also sit on the OSY Technologies board did not respond to emails. Lavie, the NSO Group co-founder, told HuffPost he is “not interested in speaking to the press” and referred questions to a spokesman, who did not respond to queries.

Many government and military officials have moved through the revolving door between government agencies and private cybersecurity companies. The major players in the cybersecurity contracting world ― SAIC, Booz Allen Hamilton, CACI Federal and KeyW Corporation ― all have former top government officials in leadership roles or on their boards, or have former top executives working in government.

But it’s less common for former U.S. intelligence officials to work with foreign cybersecurity outfits. “There is a lot of opportunity in the U.S. to do this kind of work,” said Ben Johnson, a former NSA employee and the co-founder of Obsidian Security. “It’s a little bit unexpected going overseas, especially when you combine that with the fact that they’re doing things that might end up in hands of enemies of the U.S. government. It does seem questionable.”

What is clear is that during the time Flynn was working for NSO’s Luxembourg affiliate, one of the company’s main products — a spy software sold exclusively to governments and marketed as a tool for law enforcement officials to monitor suspected criminals and terrorists — was being used to surveil political dissidents, reporters, activists, and government officials. The software, called Pegasus, allowed users to remotely break into a target’s cellular phone if the target responded to a text message.

Last year, several people targeted by the spyware contacted Citizen Lab, a cybersecurity research team based out of the University of Toronto. With the help of experts at the computer security firm Lookout, Citizen Lab researchers were able to trace the spyware hidden in the texts back to NSO Group spyware. After Citizen Lab publicized its findings, Apple introduced patches to fix the vulnerability. It is not known how many activists in other countries were targeted and failed to report it to experts.

NSO Group told Forbes in a statement last year that it complies with strict export control laws and only sells to authorized government agencies. “The company does NOT operate any of its systems; it is strictly a technology company,” NSO Group told Forbes.

But once a sale is complete, foreign governments are free to do what they like with the technology. Read more here.

Kushner in Israel, with ‘Allen Plan’ in Hand?

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President Trump’s son-in-law Jared Kushner meets with Israeli Prime Minister Netanyahu hoping for a breakthrough on peace talks between Israel and the Palestinians. After this session, Kushner goes to Ramallah to meet with Palestinian Mahmoud Abbas. This is the 50th anniversary of the 1967 Mideast war where Israel captured the West Bank, East Jerusalem and Gaza.

One of the big issues with the Palestinians is the construction of ‘settlements’ which this site takes extreme exception to that term. The other term used by the Palestinians which should never be accepted is ‘occupation’.

So, as the title of the article includes the ‘Allen Plan’….exactly what is that?

It refers to General Allen and 1967 lines, proposed during Obama’s term as president. Israel is always prepared for these types of meetings and had already formally rejected any re-proposal for The Allen Plan.

Does this look like Israel can defend itself reverting to 1967 lines? Further, that proposal demands Israel to relinquish the most sacred historical territory.

Image result for israel 1967 lines map

Image result for general john allen john kerry

EXECUTIVE SUMMARY: The Trump White House is currently reexamining the Allen Plan, an Obama-era proposal that calls for a Palestinian state in the 1967 borders with no IDF presence whatsoever. This plan is dangerous. If it is implemented, Israel will have to rely on foreign forces for its security, a situation that has not worked in the past. More than that, it is antithetical to the Israeli ethos of self-defense and self-preservation in the Jewish homeland.

Col. Kris Bauman’s appointment as Israel adviser to the US National Security Council is a noteworthy event. He assisted Gen. John Allen in formulating recommendations for security arrangements for Israel in the context of a permanent settlement, to which then-Secretary of State John Kerry aspired. This set of recommendations came to be known as the Allen Plan.

Gen. Allen’s vision was detailed in a comprehensive document prepared at a US research institute by two Israelis and two Americans: Gen. (res.) Gadi Shamni and Nimrod Novik, along with Ilan Goldenberg and Col. Kris Bauman.

The plan envisages a Palestinian state with full sovereignty inside the 1967 borders, its capital in east Jerusalem, with minor modifications for settlement blocs. The plan is based on complete acceptance of the Palestinian demand for full sovereignty. This means no IDF soldiers anywhere in their state, which would extend from the Jordan River to the 1967 line.

In lieu of Israel’s demands regarding defensible borders, which include an Israeli military presence in the Jordan Valley to ensure the Palestinian state’s demilitarization, the plan proposes a varied and complex security solution. One element would be a US military force that would operate in the Jordan Valley. As the document’s Executive Summary states,

The purpose of this study is to demonstrate that well-thought-through security measures in the context of the two-state solution can provide Israelis and Palestinians with a degree of security equal or greater to that provided today by Israel’s deployment into the West Bank…

The basic problem is the notion that Israel will rely for its security on foreign forces. Not only is it difficult to ensure that such forces would fulfill their duty successfully, but it is uncertain whether or not they would stay in place – particularly after they have suffered casualties like those they have suffered in Afghanistan and Iraq over the past decade.

Recall that during the waiting period before the Six-Day War, the security guarantee given by President Eisenhower to Ben-Gurion after the 1956 Sinai Campaign evaporated. When he demanded that Israel withdraw unconditionally from the Sinai Peninsula, Eisenhower promised that if the Straits of Tiran were ever again closed to Israeli shipping, the US would intervene. Yet when Israeli foreign minister Abba Eban came to Washington in May 1967, President Johnson candidly explained to him that Eisenhower’s promise – however estimable – was no longer a practical proposition. With his army bogged down in Vietnam, Johnson apparently could not have gained the nation’s or Congress’s support for an intervention in the Straits of Tiran even if he had wanted to.

The main concern is that the existence of the Greater Tel Aviv area – indeed, the daily routine of the State of Israel – will come to be dependent on the goodwill of foreign forces. That is the heart of the matter. Do we want Israel to be no more than a haven for persecuted Jews where they can subsist under foreign protection? Or do we want Israel to be a place of freedom, a homeland, in which we alone are responsible for our own security and sovereignty?

The authors of the Allen document emphasize that Israel’s security would continue to be based on the IDF’s power. But it is hard to imagine under what circumstances Israel would attain the international legitimacy to pursue an offensive deep within the Palestinian state, should the need arise. Regarding the conditions that could justify an IDF operation in Palestinian territory, the document says:

The Palestinians will never agree to an Israeli right of re-entry, but there could be a side agreement between Israel and the United States on the conditions under which the United States would support unilateral Israeli action. Ultimately, Israel is a sovereign state that enjoys the right of self-defense. Thus, it can unilaterally violate the sovereignty of another state, but with the attendant risks that would have to be weighed by Israeli leadership.

Should the IDF evacuate the territories completely, as envisaged by this plan, the Palestinians would certainly employ their carefully honed tactical and strategic talent for nonaccountability and ambiguity. They would take care to ensure that the Palestinian state cannot be defined as a hostile entity against which a “just war” can be declared. Whether deliberately or not, they would be able to let “rogue,” non-state forces do their work for them, and avoid taking responsibility. What then?

There is also good reason to doubt whether conditions for demilitarization can be maintained. In an era of global arms proliferation, and of forms of smuggling that elude surveillance (as in the flow of weapons to Hamas in Gaza and to Hezbollah in Lebanon), along with increasingly sophisticated local arms manufacture, there is no way to guarantee real demilitarization without a constant effort to keep the territory fully isolated and to operate within it.

We must also take into account the possibility that war could erupt in more than one arena at at a time. If war were to break out with the state of Palestine in the West Bank, it could happen simultaneously in Lebanon, Gaza, and so on. The IDF would be unable to concentrate its efforts in the West Bank arena – which, because of its geographic proximity to Israel’s population centers, could inflict a heavy blow. Under the new conditions of war, which are fundamentally different from those that prevailed in June 1967, reconquering the territory would be incomparably more difficult.

And what of the document’s validity under changing conditions? The security solution the document proposes must be weighed in terms of the time dimension, and in circumstantial contexts that are subject to change. If a solution is responsible and workable, what time span is envisaged? Who knows under what evolving circumstances the solution will be required to provide protection to a state of Israel that has been trimmed down to the coastal plain? Is there not also a need for responsible risk management regarding contingencies that are still beyond the horizon?

We must ask to what extent we ourselves, with the excessive emphasis we have placed on security concerns in recent decades as a key criterion by which to assess any prospective solution, have laid the groundwork for Gen. Allen’s plan. His security document is, after all, intended expressly to offer a technical solution to all the familiar security issues. It would leave the Israeli leadership without the faintest possibility of invoking a security pretext to ward off the “peace solution.”

In describing Kerry’s efforts, Thomas Friedman asserted (The New York Times, February 17, 2013) that in light of Gen. Allen’s solution for Israel’s security concerns, the Israeli government had reached a juncture where it would have to choose between peace and ideology.

Perhaps we have forgotten that protecting the national existence, in terms of how the IDF defines national security, does not pertain solely to ensuring the physical existence of the citizens of the country but also to safeguarding national interests. A national interest – such as the sovereignty of the people of Israel in their capital, Jerusalem – can go far beyond the technical contents of a plan for security arrangements, however worthy. Security is only a means, not an end in itself.

From a practical, professional standpoint, Gen. Allen’s plan leaves much to be desired. But on a deeper level, it completely ignores the possibility that the people of Israel, in renewing their life in their homeland, are motivated by something much greater than the need for a technical solution to security concerns.

Terror Funding, Likely Given their Names

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21 MEN INDICTED IN MASSIVE CIGARETTE SMUGGLING SCHEME

AFTER INVESTIGATION BY BRONX DA, NYPD, NYS TAX DEPT.,

HOMELAND SECURITY INVESTIGATIONS

Nearly 10,000 Cartons Seized, Alleged Tax Fraud is $20 Million

Cheap Cigarettes Sold in Stores Citywide, Undercutting Law-Abiding Merchants (official indictment here)

Bronx cigarette smuggling could be financing more than just fancy houses and jewels; police worry about terror funding

THE BRONX — When police raided the Bronx home of cigarette smuggling suspect, Hector Rondon, on Leland Avenue recently, they didn’t find him right away.

Then, one of the agents felt something odd under a rug in Rondon’s bedroom.

It turned out to be a trap door that led to a crawl space.

That’s where Hector Rondon was found naked — his hiding spot a failure.

Rondon is one of three, accused ringleaders in a massive cigarette smuggling ring with roots in North Carolina.

That’s where cartons of cigarettes were purchased for about $50 a piece, far cheaper than the sales price in New York of $120 to $130 a carton.

The ring allegedly purchased 5,000 cartons of cigarettes every week in North Carolina and Virginia and sent them to New York.

A $5.00 pack of cigarettes down south can fetch $8.00 on the black market in New York, where heavily-taxed smokes normally sell for $13.00 a pack.

“It’s an incredibly lucrative business,” said Jean Walsh, Chief of Investigations for the Office of Bronx District Attorney, Darcel Clark. “In many ways, it’s more lucrative than drug dealing.”

Walsh believes millions in illegal proceeds could have been transferred overseas, although her office has also accounted for millions in real estate, gold, and jewelry.

“Cash is very difficult to track,” Walsh told PIX11. “They know that. They know we know that.”

Shareef Moflehi, 30, was at the top of the hierarchy of 21 men who were indicted.

Walsh said he recently bought a Mediterranean-style villa in Mount Vernon, New York for $675,000 cash.

Now, the District Attorney’s Civil Forfeiture Unit will try to seize $15,210,000 in assets from Moflehi and his alleged cohorts.

It will seek to take $1,757,945 from another defendant, Saleh Ali Qasem of the Bronx.

The DA is looking to seize five houses, cash, jewelry, and gold.

Jean Walsh told PIX11 her office is still working to track all the money, but she and the NYPD, along with state investigators and federal agents, are well aware of how cigarette smuggling has been tied to terror funding in the past.

Going way back to 1993, financing for the first, World Trade Center bombing was directly linked to cigarette smuggling in Bay Ridge, Brooklyn.

Not long after the 9/11 terror attacks, two Lebanese-born brothers were convicted in North Carolina of sending their smuggling profits to Hezbollah, a group with a stated goal of wiping out Israel.

More recently, a 2015 cigarette smuggling ring in the Bronx was sending vast amounts of cash overseas to the Middle East and Africa.

New York smokers looking for a bargain may not be aware of all this.

But they’re very aware of the places that sell untaxed cigarettes—which they can find in 60 to 80 percent of the delis and smoke shops in New York City.

“There’s always a secret stash of the untaxed cigarettes that are just out of sight,” Tarek Rahman, Chief of the Special Investigations Bureau in the DA’s office, told PIX11.

****

DEFENDANTS

NOMAN ALBAHRI, 36, 1875 Gleason Ave, Bronx

SAMIR HOSIN, 29, 98 Ridgewood Ave, Bronx

OMAR JHURY, 26, 49 N. 10th Ave, Mount Vernon

JAMAL KARKAT, 26, 1735 Hobart Ave, Bronx

TAHIR KASTRATI, 50, 1723 Colden Ave, Bronx

HECTOR RONDON, 44, 826 A Leland Ave, Bronx

SHAREEF MOFLEHI, 30, 121 Stephens Ave, Bronx, & (recently) 369 Westchester Ave, Mount Vernon

PAZAL MOHAMMED (AKA JOHN), 30, 28 Bobwhite Plain, Hicksville, NY

ABRAHAM SHARHAN (AKA IBRAHIM), 34, 4165 Grace Ave, Bronx, 63 Sherwood Ave, Yonkers, NY

YASSER SUFYAN (AKA MALIK), 31, 191 Bennett Ave, Yonkers, NY

AMMAR SHAMAKH, 33, 101 Vincent Drive, Clifton, NJ

NAGIB MOHAMED SHARIF ALI, 39, 3746 Riverside Drive, Raleigh, NC

SHAHER DAHJAT DARI (AKA BOO BOO), 28, 1269 Waterloo Drive, Rocky Mount, NC

MAEEN M. ALSAYIDI, 34, 11 East 2nd Street, Clifton, NJ

OMAR NASSER, 22, 508 Woosdwalk Lane, Rocky Mount, NC

ILYAS MAMUN, 47, 3459 Dekalb Ave, Brooklyn, NY

ABDUL WAHED SALIM (AKA AMIGO), 32, 207 Maddux Drive, Pikesville, NC

SALEH ALI QASEM, 34, 1025 Underhill Ave, Bronx

MOHAMED SIDI AMAR, 39, 300 Addison way, Petersburg, VA

YAHI OULD CHEBIH, 36, 29 Craterwoods Court, Petersburg, VA

TAHIR OULD ELY LEMINE, 39, 169 Craterwoods Court, Petersburg, VA

 

Emoluments Clause v. Donald Trump, Expanded Investigation

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Update: June 16, 2017, 1:07 pm, est. One of President Trump’s own lawyers, Michael Cohen has now hired a lawyer, Stephen M. Ryan. Cohen apparently has agreed to testify before the House Intelligence Committee on September 5. Additionally, Michael Caputo, the White House advisor hired by Paul Manafort has been contacted by the FBI and too has hired a lawyer, Dennis Vacco. Vacco is a former New York state attorney general. Vice President Pence has hired a Virginia attorney, Richard Cullen.

Don’t shoot the messenger, this is merely an attempt to further explain the expanded Special Counsel Robert Mueller investigation into President Trump and others on his team. There is a multi-track investigation that has been launched by the Mueller team in addition to a multi-track investigation being performed by the Senate Judiciary Committee, which does include Loretta Lynch.

This post is an attempt to offer information on the other moving parts for some additional clarity.

***

Emoluments Clause

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Article I, Section 9, Clause 8

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almost 200 Democratic members of Congress to be filed against President Trump for violations of the “Foreign Emoluments Clause” of the Constitution. This is on top of another Emoluments Clause lawsuit brought by Maryland and D.C. earlier this week. The general theory is that under the Constitution, the President has an obligation to insulate himself from any foreign influence that would come in the shape of gifts or profits, and that the kinds of profits President Donald Trump receives through his international corporation are precisely the kind that violate such an obligation. In other words, presidents can’t take bribes, and doing business with foreign governments and large foreign companies is something of a bribe per se. Another similar case, CREW v. Donald J. Trump, was filed three days after the inauguration and is currently awaiting a response to Trump’s motion to dismiss in the Southern District of New York (that case is proceeding before Judge Ronnie Abrams, sister of LawNewz founder Dan Abrams).

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The Hill reports in part that Mueller is investigating the finances and business dealings of Kushner as well as other Trump associates.Those being looked into include former national security adviser Michael Flynn, former campaign chairman Paul Manafort and Carter Page, another campaign adviser to Trump.

“We do not know what this report refers to,” Jamie Gorelick, Kushner’s lawyer, told the newspaper.

“It would be standard practice for the Special Counsel to examine financial records to look for anything related to Russia. Mr. Kushner previously volunteered to share with Congress what he knows about Russia-related matters. He will do the same if he is contacted in connection with any other inquiry.”

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There is have significant pushback by the Trump White House and several outside advisors to Trump including Laura Ingraham, Sean Hannity, Newt Gingrich and recently hired by Trump, Jay Sekulow. All of these people are correct to earnestly object to continuing investigations with regard to the Russian election intrusion and Trump, at least it appears to be the case and former FBI Director James Comey noted several times.

However, the expanded track of the Mueller investigation team also goes to the financial realm which does include financial corruption, money laundering, public corruption, organized crime and violations of the False Claims Act.

Sounds creepy for sure. There is evidence in this area and the Mueller investigation is not exclusive to finding guilt, but also to eliminate guilt and intent. All investigations include those two conditions and it requires repeating. We cannot know in full what President Trump or those on his team fully revealed financially on paper which is required as a government employee and for security clearance purposes.

Those items are remain undisclosed at this time in open source, however in a classified or undisclosed condition, all financial traces are being requested, gathered and examined by experts.

It should be noted here that additional names could be added to the list under the expanded investigation.

Mueller was named to be special counsel by Deputy Attorney General Rod Rosenstein and Mueller has mobilized and interesting team so far. The backgrounds of the lawyers listed below provide an indication upon which Mueller is taking the investigation.

For your reference, they include:

Aaron Zebley, Former FBI assigned to global terrorism and cyber security

Steve Gaudin, Former FBI interrorgator and al Qaeda expert

James Quarles, Lawyer specializing in corporate and taxation law (Whitewater case)

Jeannine Rhee, Lawyer specializing in public corruption, criminal, securities enforcement

Andrew Weissmann, Former FBI and DOJ, criminal fraud division (Enron case)

Michael Dreeban, Former Solicitor General, criminal law

Lisa Page, FBI lawyer with organized crime, money laundering specialty, Russian/Soviet crime

*** Witness interviews have not begun and the time this article was published and Mueller’s office is located on D Street and has not been fully established. In full disclosure, three people on the Mueller team have previously donated to Democrats while one of the three also made donations to Republicans.

Lisa Page is of particular interest on this team due to her trial record which included on Semion Mogilevich. Several of Mogilevich’s associates own condos in Trump Tower in New York and the former felon and friend of Trump, Felix Sater was a Moglievich lieutenant. Additionally, Andrew Weissmann prosecuted several cases in US District Court in New York of mafia families and their infiltration of Wall Street.

For more details on those of the Mueller team, click here. Of note, this website has published more than one article regarding Felix Sater, Russian oligarch money laundering in the United States and Cyprus connections including documentation from the Panama Papers. The search feature is a useful tool to locate those articles.