SCOTUS Ruled and EPA Ignores

Posted on April 28, 2016April 28, 2016 by Denise Simon

EPA Continues To Implement Global Warming Plan Supreme Court Said It Couldn’t

DailyCaller: Environmental Protection Agency (EPA) officials are moving ahead with a key part of the Clean Power Plan (CPP) despite the Supreme Court issuing a stay against the agency’s global warming plan in February.

The EPA submitted a proposal to the White House for green energy subsidies for states that meet the federally mandated carbon dioxide reduction goals early. The Clean Energy Incentive Program would give “credit for power generated by new wind and solar projects in 2020 and 2021” and a “double credit for energy efficiency measures in low-income communities,” according to Politico’s Morning Energy.

Te move seems to violate the Supreme Court’s stay against CPP preventing the EPA from implementing its plan to cut carbon dioxide emissions from U.S. power plants. EPA, however, argues it’s doing this for states that want to voluntarily cut emissions — despite this being part of CPP.

“Many states and tribes have indicated that they plan to move forward voluntarily to work to cut carbon pollution from power plants and have asked the agency to continue providing support and developing tools that may support those efforts, including the CEIP,” reads a statement provided to Politico from EPA.

EPA Administrator Gina McCarthy is set to talk more about the plan Wednesday afternoon and will no doubt defend it from critics who will say the agency is violating a Supreme Court order.

“Sending this proposal to OMB for review is a routine step and it is consistent with the Supreme Court stay of the Clean Power Plan,” the EPA said.

EPA has been moving forward with aspects of the CPP despite the Supreme Court’s decision. After the court’s February decision, EPA began signalling it would continue to work with states that want to “voluntarily” move forward.

“Are we going to respect the decision of the Supreme Court? You bet, of course we are,” McCarthy told utility executives in February. “But it doesn’t mean it’s the only thing we’re working on and it doesn’t mean we won’t continue to support any state that voluntarily wants to move forward.”

Likewise, the head of EPA’s air and radiation office, Janet McCabe, has also suggested the rule will eventually be upheld.

“EPA utility rules have been stayed twice before, and ultimately upheld,” McCabe said while participating in a panel discussion in Bloomington, Ind., last week. “It’s only smart for states to keep working on this.”

“We stand ready at EPA to help any state that wants to move forward with their planning activities,” McCabe said, noting that some states pledged to cut CO2 after the Supreme Court stayed CPP.

McCabe was referring to an agreement signed by 17 states in the aftermath of the Supreme Court decision pledging to push forward fighting global warming. The agreement, signed mostly by Democratic governors, promotes cooperation between states in promoting green energy, not explicitly mentioning global warming.

McCabe neglected to mention the 30 states and state agencies suing EPA to get CPP struck down. That coalition of states was also joined by dozens of business groups, the coal industry and labor unions fighting to keep coal-fired power plants from being forced to close.

“EPA has crossed a line by assigning itself vast regulatory authority that surpasses anything ever contemplated by Congress,” Jeffrey Connor, interim CEO of the National Rural Electric Cooperative Association (NRECA), said in a statement. NRECA opposes CPP.

“The fact is that EPA didn’t produce a rule simply to reduce emissions — it crafted a radical plan to restructure the U.S. power sector,” Connor said.

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From the White House:

The Clean Power Plan

The Clean Power Plan sets achievable standards to reduce carbon dioxide emissions by 32 percent from 2005 levels by 2030. By setting these goals and enabling states to create tailored plans to meet them, the Plan will:

Protect the health of American families. In 2030, it will:

Prevent up to 3,600 premature deaths
Prevent 1,700 non-fatal heart attacks
Prevent 90,000 asthma attacks in children
Prevent 300,000 missed workdays and schooldays

Boost our economy by:

Leading to 30 percent more renewable energy generation
in 2030
Creating tens of thousands of jobs
Continuing to lower the costs of renewable energy

Save the average American family:

Nearly $85 a year on their energy bills in 2030
Save enough energy to power 30 million homes
in 2030
Save consumers $155 billion from 2020-2030

Illegal Immigration, Refusing to Deport is a Deadly Option

Posted on April 28, 2016April 28, 2016 by Denise Simon

Hat tip to this site for listing the victims of illegal immigrants.

Today in the House is a hearing questioning Sarah Saldana, the Director of the DHS for Immigration and Customs Enforcement. Several terrifying facts were revealed and there are solutions to the policies, one is to simply enforce the law and quit with the exceptions. Further, stop releasing into the general population detained illegals arrested and sentenced with discretion. What about Congress eliminating the discretion clause? How about allowing local law enforcement to fully handle cases at the local level? There is additional legislation for loopholes including H.R. 2793 for sex offenders.

Further, what about the victim or the survivors of the victims? They just get a letter in the mail, stating what is not certain.

There is a database for all illegals that have been officially detained for any reason, but local law enforcement does not have the jurisdiction or authority to handle inside cases, they are referred to ICE. Not all jurisdictions participate in the database operation, it is not a mandated procedure. What? . Of note, inside cases means arrests made by agencies other than Customs and Border Patrol.

All 58 immigration courts are managed by the U.S. Department of Justice….this is where the politics enter the fray. Additionally, when a court does in fact order a foreign national to be deported, yet another cycle of paperwork and diplomatic procedures is started. Consider, there are many countries that refuse to take back their own citizens and in some cases even after approval when the plane is on the runway. Haiti is one such country. So, the matter is in the hands of the U.S. State Department, do we need to say more?

The statute says there is discretion in all cases. So, in 2015, 19723 criminal illegal aliens have been released for felonies including kidnapping and homicide. An order of removal is required to deport them but that is done by a judge….but if they have requested asylum or other exceptions, it is more often than not granted. For those that have been ordered for deportation, there is a maximum bed space of 33,000 waiting to leave, if those beds are full, then they too are released.

Secure Communities was an immigration enforcement program administered by U.S. Immigration and Customs Enforcement (ICE) from 2008 to 2014.

The program was replaced by Priority Enforcement Program (PEP) in July 2015. Obama ordered this program terminated.

PEP: The Department of Homeland Security’s (DHS) Priority Enforcement Program (PEP) enables DHS to work with state and local law enforcement to take custody of individuals who pose a danger to public safety before those individuals are released into our communities. PEP was established at the direction of DHS Secretary Jeh Johnson in a November 20, 2014 memorandum, entitled Secure Communities, that discontinued the Secure Communities program. PEP focuses on convicted criminals and others who pose a danger to public safety.

How it works

PEP begins at the state and local level when an individual is arrested and booked by a law enforcement officer for a criminal violation and his or her fingerprints are submitted to the FBI for criminal history and warrant checks. This same biometric data is also sent to U.S. Immigration and Customs Enforcement (ICE) so that ICE can determine whether the individual is a priority for removal, consistent with the DHS enforcement priorities described in Secretary Johnson’s November 20, 2014 Secure Communities memorandum. Under PEP, ICE will seek the transfer of a removable individual when that individual has been convicted of an offense listed under the DHS civil immigration enforcement priorities, has intentionally participated in an organized criminal gang to further the illegal activity of the gang, or poses a danger to national security.

Here is a simple case from April of 2016. Illegal immigrants arrested during Alabama theft, kidnapping mission for Honduran drug enforcer, records state. You are encouraged to read those details.

Here is yet another bizarre case: An illegal immigrant with a 12-year criminal history and 35 arrests under his belt cannot be deported back to Palestine because the U.S. will not recognise his homeland as a country. What? We give millions to the Palestinian Authority and Obama, Hillary and John Kerry have all met with the Palestinian Authority for peace talks with Israel.

Bashir al Assad’s Alawite Sect Fissures, Talks Fail

Posted on April 27, 2016April 27, 2016 by Denise Simon

AFP, Syria’s Alawites are closely associated with Bashar al-Assad (R) and his late father Hafez (L)

‘Muslim quality’

In part from BBC: The Alawites emerged in the 10th Century in neighbouring Iraq.

Little has been confirmed about their beliefs and practices since then because, according to the leaders, they had to be hidden to avoid persecution.

However, most sources say the name “Alawite” refers to their veneration of the first Shia imam, Ali, the son-in-law and cousin of the Prophet Muhammad.

AFP: Shia power Iran and Lebanon’s Shia Hezbollah movement are assisting the Assad regime

For full comprehensive summary by the BBC, go here.

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al-Arabiya: The most significant development coming from Syria in the last few days is not the killing of Al-Qaeda spokesperson in Idlib or the US-Russian chatter denying a plan to oust Bashar Al-Assad. It was a document leaked to the Western media and dubbed as the “declaration of identity reform” signaling signs of discontent from elders in the Alawite community towards the Syrian regime.

The news of the document is the most concrete evidence we have from Assad’s religious community since the beginning of the uprising in 2011, indicating that their patience is running out with the status-quo and they are openly seeking a third alternative. For such alternative to materialize, however, and for the Alawites to publicly start abandoning Assad, a political and security umbrella has to be extended from Russia and regional countries, guaranteeing their protection and role in a pluralistic future in a post-Assad Syria.

Alawite discontent

Syria’s Alawites have been both, the cornerstone for the regime’s survival and its Achilles’ heel. A 15% of Syria’s population (estimate of 3 million), the minority enjoys the lion’s share in the regime political and security hierarchy. Assad, the Chief of Staff of the Syrian Army, heads of the intelligence services are all from the powerful sect. When the state security proved not enough, a new militia was formed and allied with the regime and Iran to protect the Alawites along the coastline and in the mountain region over Latakia.

“The declaration from the Alawite leaders is a watershed moment in how the minority is publicly untying itself from Assad family, and attempting to pursue a pact of coexistence in Syria”, Joyce Karam.

The new declaration as leaked by European media, exposes fissures between the Alawites and the regime, and efforts to pursue a third option, instead of prolonging Assad’s military campaign, or getting overridden by extremist groups. According to the The Telegraph, the document authors “had been forced to act because of the extreme danger the sect was now facing” amid reports of enormous losses for the Alawites (a third of their young) in the 5-year-long war. In a political departure from the regime narrative, the declaration speaks of “a new relationship with Syria’s Sunni majority” while calling the regime as “totalitarian”, and the uprising “an initiative of noble anger”. The document also promotes a vision for secular, pluralist and democratic state of Syria.

By distancing themselves from the regime, the Alawite signatories are seeking a path that is not hostage to Assad’s strategy of war and outright military victories that could take years or lead to disintegration of Syria. From the beginning of the conflict, there were shy attempts from the Alawite community showing discontent with the Assad family and the war realities. In the last year the community has demonstrated in Latakia calling to execute Assad’s cousin, Suleiman, now serving a 20-year sentence in prison. In 2014, protests from members of the community broke out in Tartous and in Homs over the bombing of elementary schools and the failure of the security to protect their children.

Assurances from Region and Russia

The declaration from the Alawite leaders is a watershed moment in how the minority is publicly untying itself from Assad family, and attempting to pursue a pact of coexistence in Syria. However, and unless it’s met by political and security assurances from the West, the region and Russia, this momentum will not hold against a status quo of fear from extremism that forces Alawites to be more dependent on Assad and local militias.

For a minority whose roots are entrenched in the Levant and has survived the Mamluks, the Crusaders, and the Ottomans, it is only natural that its fate won’t be parallel and decided by the Assad family. It is the regime and not the family that holds higher priority for the Alawites, and even then, negotiating a new pact of governance is the most pragmatic and secure approach for the community’s future in Syria. The heavy toll of the war and the strong presence of Al-Qaeda’s Jabhat Nusra in Northern of the country are ominous signs of what could yet come if no political solution is achieved.

In that context, Russia’s intervention and establishing a presence in Khmeimim airbase in Latakia could make Moscow a key guarantor for the Alawites in a post-Assad Syria. Regional countries such as Saudi Arabia who helped assure the Lebanese Christians at the end of the civil war by brokering the Taif agreement, or Turkey who holds influence in Northern Syria could help in mediating between the Alawites and the opposition.

There is already plenty of buzz regionally of backchannel diplomacy to resolve the Syrian conflict, supervised by John Kerry and Sergei Lavrov, before U.S. President Barack Obama leaves office. There are also questions on recent reports of relieving Maher al-Assad of his duties in the Republican Guard, and what that could mean for the negotiations, for the Alawites and Moscow’s role.

The Alawite declaration this week from Syria, is a critical opportunity to start a conversation about the status of the minority in a post-Assad structure. Absent of guarantees in form of protection and political assurances, this paper will be shelved along a thick bundle of documents and goodwill gestures to resolve the conflict.

USAToday

*****

WSJ: GENEVA—Talks aimed at ending the five-year war in Syria ground to a halt with the government and opposition divided over fundamental issues, including whether President Bashar al-Assad’s political fate even belongs on the agenda.

The regime insists that Mr. Assad remain in power, and the opposition demands that he step down. With an August United Nations deadline looming to form a new government and the peace process floundering, participants in the talks have floated alternatives aimed at breaking the deadlock that appease some parties but anger others.

Among the ideas are to transfer Mr. Assad’s powers to a handful of deputies; to form a new ruling council comprised of Syrian military officials and moderate rebel leaders; and to coalesce around a new Syrian leader who feuding camps could support.

None of the alternatives has gained traction, and each would face serious, possibly insurmountable, obstacles even if they garnered support in the Geneva talks. The discussions around them are a sign of the lengths to which negotiators are going in an effort to maintain some form of dialogue.

“Geneva is a process without content,” a senior Western diplomat said. Much more here.

General Dunford: No Fair Fight

Posted on April 27, 2016April 27, 2016 by Denise Simon

Secretary Carter’s Opening Remarks

No Fair Fights for U.S. Troops, Chairman Says

DefenseDept: WASHINGTON, April 27, 2016 — The chairman of the Joint Chiefs of Staff repeated to the Senate Appropriations defense subcommittee what has become a mantra to him: he doesn’t believe the United States should ever send American service members into a fair fight.

“Rather, we have to maintain a joint force that has the capability and credibility to assure our allies and partners, deter aggression and overmatch any potential adversary,” Marine Corps Gen. Joe Dunford, who was joined by Defense Secretary Ash Carter, told the committee members.

Carter and Dunford provided testimony on Defense Department’s fiscal year 2017 budget request.

Improving current capabilities, restoring full-spectrum readiness and developing leaders for the future are key to maintaining the greatest advantage the U.S. military has over any rival — its people, the chairman said.

No Shortage of Challengers

The United States has no shortage of challengers from state adversaries to non-traditional foes. The five challenges the Defense Department’s fiscal year 2017 budget request focuses on are Russia, China, Iran, North Korea and violent extremism.

Russia, China, North Korea and Iran continue to invest in military capabilities that look for the soft spot in American defenses, Dunford said. “They are also advancing their interests through competition with a military dimension that falls short of traditional armed conflict and the threshold for a traditional military response,” he said.

The actions of Russia in Ukraine, China in the South China Sea and Iran throughout the Middle East are examples of the challenges the DoD must address, he said.

But the Islamic State of Iraq and the Levant and al-Qaida still pose dangers to the homeland, the American people and friends, allies and partners, the general said. “Given the opportunity, such extremist groups would fundamentally change our way of life,” he said.

Nuclear Capabilities

Added to these challenges is the priority to modernize the nuclear capabilities of the United States, Dunford said.

The nuclear triad underpins deterrence in the world, but new domains also must be considered, the chairman said. Space and cyberspace are now realms of combat, and the nation must develop and maintain credible capabilities in these realms as well, he said.

Underlying all these threats is the reality of the fiscal environment, Dunford added.

“Despite partial relief from Congress on sequester-level funding, the department has absorbed $800 billion in cuts and faces an additional $100 billion of sequestration-induced risk through fiscal 2021,” he said. “Absorbing significant cuts over the past five years has resulted in our under-investing in critical capabilities. Unless we reverse sequestration, we will be unable to execute the current defense strategy.”

Right Trajectory

Overall, he told the senators, DoD’s FY 17 budget request “puts us on the right trajectory, but it will require your support to ensure the joint force has the depth, flexibility, readiness and responsiveness that ensures our men and women will never face a fair fight.”

But, the chairman warned, a bow wave of requirements lie ahead, including those tied to the Ohio-class submarine replacement program, continued cyber and space investment programs and the B-21 long-range bomber program

Trump: America First, Foreign Policy Presentation

Posted on April 27, 2016April 27, 2016 by Denise Simon

Good for Donald Trump, America should be first when it comes to policy and diplomacy. Applause to the Donald for that standard. Well said.

Tell us again how to pronounce Tanzania or San Bernardino.

What was not said however is disturbing for those who have a keen interest in foreign policy. Of particular note, the Ambassador of Russia was sitting on the front row. Perhaps this is but one reason, Trump never mentioned Russia or Vladimir Putin.

Remember it was only recently that Russia has been more than provocative in reckless actions against a U.S. destroyer and U.S. military aircraft. This is a violation of the IncSea Treaty. This is not the first time either, noting Russian bombers off the West Coast and the same with our European allies. What about the Baltic States, Crimea or Ukraine? Anything?

What about the constant war in the cyber realm? Trump did mention artificial intelligence, does he know what that is? What about electronic or economic warfare?

al Qaeda, Boko Harem, Haqqani, Jabhat al-Nusra, Houthis? Nah….the plight of Jews and Christians, Yazidis, Peshmerga? Standing with France on their recent attacks? Nothing about China’s aggression with the new islands and fighter jets there?

Well said Donald on the destruction of Islamic State, high marks for that. Additional high marks for the IRGC and kidnapping our sailors.

Trump made a mere simple reference to Iran and their nuclear program, stating they will never have a nuclear weapon and the Joint Plan of Action was a bad deal. How come no reference to Iran being a violator of conventions, a rogue state sponsor of terror? Nothing about the Iranian Revolutionary Guard Corp or Hezbollah or IED’s made by Iran that killed and maimed our soldiers? What about Iran’s collusion with North Korea? Anything on that? No…

Does Trump approve of John Kerry’s work as the current Secretary of State? Humm, perhaps as Trump never mentioned Kerry.

Syria unleashed Islamic State? Really? Trump blames China for North Korea. Does Donald think that China is fully, exclusively responsible and accountable for Kim Jung Un?

Why no mention of foreign aid? There is likely a bailout coming for Puerto Rico. Does Trump have a clue on that? When it comes to NATO, Trump backed off and merely mentioned that only four member countries pay the 2% of GDP. Never a mention that countries do pay the United States for bases and protection like Philippines and Japan. Did Trump slight Israel by not stating nurturing and restoring the relationship or is he still in a neutral position when it comes to the Palestinians? Hamas? Anything on human rights violations? What about the corruption of the United Nations?

When referencing Cuba, Trump correctly stated that Obama was slighted at the airport with no Cuban official being on the formal reception. Is Trump cool with normalizing relations with Cuba considering the treatment of dissidents or U.S. criminals that have receive safe haven on the island or the debt Cuba owes to U.S. domestic corporations for nationalizing them? What about Guantanamo as a whole?

Forgotten is a war we are currently fighting against the Taliban in Afghanistan…not a word at all by Trump.

Trump did layout his policy on foreign matters stating diplomacy, caution and restraint. That is always the standard. Did Trump mention he was going to revisit or retool those approaches? No….

Most disturbing, included in Trump’s foreign policy speech was the feeble condition of our own nuclear program and the military as a whole. Why explain any weakness at all where adversaries are listening with a keen ear? The U.S. military is still today the most advanced power on the globe while new technologies and weapons systems are in the future pipelines. Hey Donald, how about making a positive declaration about the military condition and the work of the Pentagon and the military collaboration with allies that does demonstrate strength?

Well, here is the text of his speech for your reference.

For additional reference, those included on Trump’s foreign policy team are:

Zalmay Khalilzad, the former Ambassador to Iraq and Afghanistan. He is under investigation. Trump only met Khalilzad earlier in the day. Further, the Ambassador stated that if Hillary had asked him to be part of her team, he would gladly do so.

Walid Phares, a Lebanese Christian and commentator on Middle East Affairs.

George Papadopoulos, energy consultant

Carter Page, energy consultant and lobbyist for Gazprom, a Russian energy company

Joe Schmitz, fired as former Inspector General, Department of Defense, formerly of Blackwater and his sister is Mary Kay Letourneau gained infamy after having a sexual relationship with her 12-year-old student, to whom she is now married.

LTG Keith Kellogg (ret), Chief Operating Officer of the Coalition Provisional Authority in Baghdad, Iraq