Plea Deal for 7th Indictment in Brian Terry’s Murder

In August of 2014, per the Justice Department, Rosario Rafael Burboa-Alvarez became the 7th man charged in the death of Border Patrol Agent Brian Terry. Burboa was part of the rip-crew and recruited others for continued operations.

The rip crew did not have weapons on them when their backpacks were searched, but the weapons they used were instead in a hidden cached location and retrieved by the rip crew only hours later.

He and others were monitored by several U.S. agencies that included ATF, FBI and DEA. Yet he is a happier man, due to a plea deal. He pled guilty to the death of Brian Terry.

N4T Investigators: Plea deal given to man indicted in murder of Border Patrol agent Brian Terry

One of the men charged in the murder of U.S. Border Patrol agent Brian Terry pleaded guilty to one count of murder, Monday morning. Once a potential candidate for the death penalty after the murder of the agent, the drawn up plea deal now states that the U.S. and the defendant will ask for 360 months imprisonment, with credit for time served since his arrest in October 2012.

The Justice Department indicted Rosario Rafael Burboa Alvarez last summer in connection with the killing. Alvarez was identified as the recruiter for the rip-off crew that ran into Terry’s elite BORTAC unit in the desert in December 2010. Terry was killed in the ensuing gunfight with the rip-off crew and later two AK-47 variants found at the crime scene were identified as part of the notorious Bureau of Alcohol, Tobacco, Firearms and Explosives gunwalking operation, Operation Fast and Furious. The scandalous operation was supposed to link guns bought at a Phoenix-area gunstore to cartel gunmen trafficking the weapons to Mexico. Instead, ATF lost more than 2,000 of those weapons. Resulting congressional investigations found that the men linked to the gun purchases were being monitored by different U.S. federal agencies like DEA, the FBI and ATF, but agents weren’t sharing the information with the other agencies.

Burboa was often identified in federal search warrants and charging papers as the recruiter of the group. Burboa, the U.S. said, recruited rip-off crews to rob drug smugglers of their marijuana loads, then paid them after they performed the robbery and returned to Sinaloa. In early December, the rip-off crew entered the U.S. from Mexico, retrieved a stash of weapons and food and went to work, hunting smugglers. Instead, they encountered Terry’s tactical unit that had taken position at the top of a wash.

As part of the plea agreement, the United States agreed not to execute Burboa and to dismiss all other charges against him, including charges of interfering with federal officers and killing Terry with “malice aforethought” the second charge in the superseding indictment.

The plea deal also notes that Burboa had already been ordered expelled from the U.S., though it is not clear if the expulsion order derives from Terry’s murder or from a previous crime.

Burboa’s 30 year sentence is in line with the sentence handed to Manuel Osorio-Arellanes, the man wounded during the firefight. Osorio-Arellanes faced life but was ultimately sentenced to 30 years in 2012. Jaime Avila, Jr., the Operation Fast and Furious gunbuyer who purchased the two AK-47s found at the murder scene was also sentenced in 2012. He received a 57 month sentence.

Dark Money Still Flows, Hillary’s Campaign and More Connections

Group backing Clinton gets $1M from untraceable donors


WASHINGTON (AP) — Hillary Rodham Clinton told a cheering crowd at her largest rally so far that “the endless flow of secret, unaccountable money” must be stopped. Two weeks later, the main super PAC backing her bid for the Democratic presidential nomination accepted a $1 million contribution that cannot be traced.

The seven-figure donation, made June 29 to the pro-Clinton Priorities USA Action, came from another super political action committee, called Fair Share Action. Its two lone contributors are Fair Share Inc. and EnvironmentAmerica Inc., according to records filed with Federal Election Commission.

Those two groups are nonprofits that are not legally required to reveal information about their donors. Such contributions are sometimes called “dark money” by advocates for stricter campaign finance rules.

“This appears to be an out-and-out laundering operation designed to keep secret from the public the original source of the funds given to the super PAC, which is required to disclose its contributors,” said Fred Wertheimer, director of one such group, the Washington-based Democracy 21.

Wertheimer urged Priorities to return the money and said that Clinton should demand that the super PAC “publicly disclose all of the original sources of money” of any contribution it receives. More details here.

(Fair Share Action founded and funded by Tim Gill, owner of an internet technology company and an LGBT activist. Further behind the cause is Tom Steyer with Environment America, the NEA and Mark Udall. )

Then we still have Planned Parenthood and the Unions when both are fully supported by the White House and received federal dollars. Even with the 5 videos released by Planned Parenthood, not only Hillary Clinton but many others in Congress continue to stand with Planned Parenthood.

FreeBeacon:   Unions, Planned Parenthood Exchange Donations, Political Cash

Unions received hundreds of thousands of dollars from Planned Parenthood over the past five years, while shelling out more than $1 million to the nation’s largest abortionist.

Since 2011 politically powerful labor unions and Planned Parenthood have exchanged lucrative gifts for “charitable” endeavors and political advocacy.

Planned Parenthood, which is in the midst of a scandal after a pro-life group released videos detailing potentially illegal organ harvesting techniques and sales, has contributed more than $350,000 to three labor unions. The largest donation went to Service Employees International Union (SEIU), one of the nation’s top political spenders, with nearly all of its money going to Democrats. SEIU received more than $285,000 from the group in 2011. The contribution was described as “charitable” in nature, according to federal labor filings.

Two $8,500 donations by Planned Parenthood to the National Education Association, the nation’s largest teachers’ union, were also described as charitable.

Unions also engaged in charitable giving to the billion-dollar organization, pouring $520,000 into Planned Parenthood coffers in the name of donating to a non-profit organization. The New York City chapter of American Federation of Teachers (AFT) was responsible for nearly half of those donations with two $125,000 donations in 2012 alone.

Most of the transactions between Planned Parenthood and unions involved political activities. Labor giant AFL-CIO cashed a check for $50,000 from the organization for an “issue advocacy group,” and the American Federation of State, County, and Municipal Employees contributed $400,000 of the $600,000 in total donations that Planned Parenthood’s political operations have received since 2011.

These transactions came from some of the most influential and largest unions in the country, including AFL-CIO, United Autoworkers Union, National Education Association, SEIU, AFT, United Food and Commercial Union, and several local affiliates.

Only one of the labor unions responded to requests for comment about the nature of their relationships with the Planned Parenthood and whether they would continue in the wake of scandal.

The New York City teachers union made a $125,000 contribution to Planned Parenthood, which does not provide mammogram services, lost cancer-screening funding from the anti-breast cancer Susan G. Komen Foundation. Komen’s funding was later restored.

A spokesman for AFT in New York City indicated that the union still supports Planned Parenthood, pointing to a resolution urging “all our members to support Planned Parenthood as members and contributors.”

Planned Parenthood did not return request for comment.

Labor watchdogs said they were not surprised at the close ties between two of the Democratic Party’s biggest constituencies. Patrick Semmens, a vice president at the National Right to Work Foundation, said there is a big gap between the beliefs of union leadership and union members. There is little that workers can do to avoid running afoul their own principles as long as states do not give them the option to break ties with membership as a condition of employment.

 

“Whether it is sending dues money to Planned Parenthood, the Clinton Foundation, ACORN or any other organization that has nothing to do with representing rank-and-file workers, employees will have no way to hold union bosses accountable for how their money is spent as long as union officials are empowered by law to make payment to the union mandatory,” Semmens said.

Some members are now suing to overturn coercive unionism in order to avoid violating their religious beliefs. California teacher Rebecca Friedrichs is suing to break ties with the California Education Association, claiming that mandatory agency fee payments to support the union’s operation violates her rights to free association and to live by her conscience.

The Center for Individual Rights (CIR), a non-profit group, helped file Friedrichs’ case in federal court.

“Partisan donations aren’t remotely related to the union’s collective bargaining mission.  Forcing teachers to pay dues to support donations to Planned Parenthood is compelled speech of the most egregious kind.  That’s why the First Amendment protects the right of teachers to decide for themselves whether to pay fees to teachers unions,” CIR President Terry Pell said.

The Supreme Court will hear the case during its next session.

White House Continues to Ignore Russian Aggressions and Violations

First, Russia has laid claim to territory in the Artic and the White House waved off any concern.

Then the White House left the matter of seizing the chemical weapons being used by Bashir al Assad in Syria to Russia while chlorine and napalm is being used to kill people in Syria today.

Then Russia and several other countries within BRICS have established a large fund and alternative currency system bypassing all Western monetary funds and the White House along with the U.S. Treasury looks the other way.

Russia has hacked into classified and protected government computer networks with no consequence even while Russia bombers have flown within airspace challenging NORAD with provocative aggressions.

Wait, there is more.

In part from the FreeBeacon:

The White House is blocking the release of a Pentagon risk assessment of Russia’s violation of the 1987 Intermediate-range Nuclear Forces Treaty, according to a senior House leader.

Rep. Mike Rogers, chairman of the House Armed Services strategic forces subcommittee, disclosed the existence of the Pentagon assessment last month and said the report is needed for Congress’ efforts to address the problem in legislation.

“As we look to the near-term future, we need to consider how we’re going to respond to Russia’s INF violations,” Rogers said in an Air Force Association breakfast July 8. “Congress will not continue to tolerate the administration dithering on this issue.”

Rogers said the assessment was conducted by chairman of the Joint Chiefs of Staff Gen. Martin Dempsey, and noted that it outlines potential responses to the treaty breach.

However, Rogers noted that the assessment “seems to stay tied up in the White House.”

At the Pentagon, spokesman Capt. Greg Hicks said: “The Chairman’s assessment of Russia’s Intermediate-range Nuclear Forces (INF) Treaty violation is classified and not releasable to the public.”

Also from FNC in part:

Two Russian warships have docked in northern Iran for a series of naval training exercises with the Islamic Republic, according to Persian-language reports translated by the CIA’s Open Source Center.

The two Russian ships docked in Iran’s Anzali port on Sunday and will hold “joint naval exercises during the three-day stay of the warships in Iran,” according to a Persian-language report in Iran’s state-controlled Fars News Agency.

“The [Russian] warships, Volgodonsk and Makhachkala docked in Anzali Port [near the Caspian Sea], in the fourth naval zone, on the afternoon of 9 August,” the report says.

The war exercises come just weeks after Iran and global powers inked a nuclear accord that will provide Iran with billions of dollars in sanctions relief in return for slight restrictions on the country’s nuclear program.

Russian and Iran have grown close in recent years, with delegations from each country regularly visiting one another to ink arms deals and other agreements aimed at strengthening Iran’s nuclear program.

One last item but certainly not last, the Saudis have attempted several times to work with Russia on Syria with no viable solution.

Reuters:

Russia and Saudi Arabia failed in talks on Tuesday to overcome their differences on the fate of Syrian President Bashar al-Assad, a central dispute in Syria’s civil war that shows no sign of abating despite renewed diplomacy.

Russia is pushing for a coalition to fight Islamic State insurgents — who have seized swathes of northern and eastern Syria — that would involve Assad, a longtime ally of Moscow. But, speaking after talks in Moscow, Saudi Foreign Minister Adel al-Jubeir reiterated Riyadh’s stance that Assad must go.

“A key reason behind the emergence of Islamic State was the actions of Assad who directed his arms at his nation, not Islamic State,” Jubeir told a news conference after talks with Russia’s Sergei Lavrov.

So, with these recent events, is the White House intimidated by Russia, cooperating with Russia or just ignoring Russia or perhaps a combination of all three and then exactly why. Your comments are invited.

 

What you Need to Know About the Visa Waiver Program

There are 38 countries that participate in the State Department Visa Waiver Program. There are very few conditions for people traveling to the United States from those countries to enter our country. There are countless problems with this program most of which is those that over-stay and never go home.

Europe has an unspeakable problem with Islamic State sympathizers and those from the UK are allowed to travel to the U.S. without any real conditions.

To make America safer immediately a first step is to suspend this program immediately and for at least two years.

Have no fear…yeah sure. The program is getting tighter security measures.

DHS Announces Security Enhancements to Visa Waiver Program

By: Amanda Vicinanzo, Senior Editor

Just days ago, Adil Batarfi, one of Al Qaeda in the Arabian Peninsula’s (AQAP) senior commanders, issued a threat against America and the West if they continue to blasphemy Islam. Amid these continued calls for terrorist attacks on the homeland, the Department of Homeland Security (DHS) announced new security enhancements to the US Visa Waiver program (VWP).

The VWP is administered by DHS and enables eligible citizens or nationals of designated countries to travel to the United States for tourism or business for 90 days or less without first obtaining a visa. The VWP constitutes one of a few exceptions under the Immigration and Nationality Act (INA) in which foreign nationals are admitted into the United States without a valid visa.

To enhance the security of the program, DHS Secretary Jeh Johnson announced a number of additional or revised security criteria for all participants—both current and new members— in the VWP. The new criteria include the following:

  • Required use of e-passports for all Visa Waiver Program travelers coming to the United States;
  • Required use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders; and
  • Permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the United States.

“As I have said a number of times now, the current global threat environment requires that we know more about those who travel to the United States,” Johnson said. “This includes those from countries for which we do not require a visa.”

Johnson said the new enhancements build on a number of changes implemented last September. DHS required travelers from the 38 VWP countries where a visa is not required for US entry to provide additional passport data, contact information and other potential names or aliases in their travel application submitted via the Electronic System for Travel Authorization (ESTA) before they could travel to the US.

DHS took steps to improve the program in the wake of the adoption of United Nations (UN) Security Council Resolution 2178 last September, which urged member nations to do more to address the growing threat of foreign terrorist fighters.

“The security enhancements we announce today are part of this department’s continuing assessments of our homeland security in the face of evolving threats and challenges, and our determination to stay one step ahead of those threats and challenges,” Johnson said. “And, it is our considered judgment that the security enhancements we announce today will not hinder lawful trade and travel with our partners in the Visa Waiver Program. These measures will enhance security for all concerned.”

Homeland Security Today reported earlier this year that lawmakers have become concerned that the program could be used as a gateway for terrorists to enter the United States. Sen. Dianne Feinstein (D-Calif.), vice chairman of the Senate Select Committee on Intelligence, called the VWP the “Achilles’ heel of America,” saying citizens from visa waiver countries could travel to Syria to fight for jihadist groups and return home to conducts attacks.

A UN report from earlier this year revealed that the number of foreign fighters leaving their home nations to join extremist groups in Iraq, Syria and other nations has hit record levels, with estimates of over 25,000 foreign fighters coming from nearly 100 countries.

Rep. Michael McCaul (R-Texas), chairman of the House Committee on Homeland Security, has raised similar concerns. During an interview with CBS’ “Face the Nation,” McCaul said, “We have a visa waiver-free system where they can fly in the United States without even having a visa. We need to look at all sorts of things like that.”

However, defenders of the program believe VWP is critical to national security. At a speech at The Heritage Foundation, former Secretary of Homeland Security Michael Chertoff made the case for continuing the VWP.

“Now is not the time to handicap or dismantle our intelligence collection programs … that have literally been at the cornerstone of protecting the United States since 2001.” VWP is “a plus-plus for our national security and our economic security,” Chertoff said.

IRS: Lois Lerner, Texas and Abraham Lincoln

Lerner Lincoln Email

From the Federalist:

“As you can see, the Lone Star State is just pathetic as far as political attitudes are concerned,” Lerner’s friend Mark Tornwall wrote in 2014.

“Look my view is that Lincoln was our worst president not our best,” Lerner responded, according to USA Today. “He should’ve let the south go. We really do seem to have 2 totally different mindsets.”

Finance Committee Releases Bipartisan IRS Report

Committee Concludes Two-Year Investigation into the IRS’s Treatment of Tax-Exempt Organizations

WASHINGTON – Finance Committee Chairman Orrin Hatch (R-Utah) and Ranking Member Ron Wyden (D-Ore.) today released the Committee’s bipartisan investigative report detailing their investigation into the Internal Revenue Service’s (IRS) treatment of organizations applying for tax-exempt status after the Committee voted to report out the findings in a closed executive session.  As required by law, members were briefed by Committee staff with 6103 authority to review private taxpayer information in a number of closed-door briefings on the findings and recommendations of the report before the vote.

“This bipartisan investigation shows gross mismanagement at the highest levels of the IRS and confirms an unacceptable truth: that the IRS is prone to abuse,” Hatch said.  “The Committee found evidence that the administration’s political agenda guided the IRS’s actions with respect to their treatment of conservative groups.  Personal politics of IRS employees, such as Lois Lerner, also impacted how the IRS conducted its business.  American taxpayers should expect more from the IRS and deserve an IRS that lives up to its mission statement of administering the tax laws fairly and impartially – regardless of political affiliation. Moving forward, it is my hope we can use this bipartisan report as a foundation to work towards substantial reforms at the agency so that this never happens again. ”

“The results of this in-depth, bipartisan investigation showcase pure bureaucratic mismanagement without any evidence of political interference,” said Wyden.  “Groups on both sides of the political spectrum were treated equally in their efforts to secure tax-exempt status.  Now is the time to pursue bipartisan staff recommendations to ensure this doesn’t happen again.”

Bipartisan findings of the report include:

  • During the years 2010 to 2013, IRS management failed to provide effective control, guidance and direction over the processing of applications for tax-exempt status.
  • Top IRS managers did not keep informed about the applications involving possible political advocacy and thereby forfeited the opportunity to provide the leadership that the IRS needed to respond to the legal and policy issues presented by these applications.
  • Lois Lerner, who headed the Exempt Organizations Division, became aware of the Tea Party applications in early 2010, but failed to inform her superiors about their existence.  While under Lerner’s leadership, the Exempt Organizations Division undertook no less than seven poorly planned and badly executed initiatives aimed at bringing the growing number of applications from Tea Party and other groups to decision.  Every one of those initiatives ended in predictable failure and every failure resulted in months and years of delay for the organizations awaiting decisions from the IRS on their applications for tax-exempt status.
  • The Committee also found that the workplace culture in the Exempt Organizations Division placed little emphasis or value on providing customer service.
    • Few if any of the managers were concerned about the delays in processing the applications, delays that possibly harmed the organizations ability to function for their stated purposes.
  • The Committee made a number of recommendations to address IRS management deficiencies as follows:
  • The Hatch Act should be revised to designate all IRS, Treasury and Chief Counsel employees who handle exempt organization matters as “further restricted.”  “Further restricted” employees are precluded from active participation in political management or partisan campaigns, even while off-duty.
  • The IRS should track the age and cycle times of applications for tax-exempt status to detect backlogs early in the process and allow management to take steps to address those backlogs.
  • The Exempt Organizations Division should track requests for assistance from both the Technical Branch and the Chief Counsel’s office to ensure the timely receipt of that assistance.
  • A list of over-age applications should be sent to the Commissioner on a quarterly basis.
  • Internal IRS guidance should require that employees reach a decision applications no later than 270 days after the IRS receives that application.  Employees and managers who fail to comply with these standards should be disciplined.
  • Minimum training standards should be established for all managers within the EO Division to ensure that they have adequate technical ability to perform their jobs.

Issuance of the report was delayed for more than a year after the IRS belatedly informed the Committee that it had not been able to recover a large number of potentially responsive documents that were lost when Lois Lerner’s hard drive crashed in 2011.

  • By failing to locate and preserve records, making inaccurate assertions about the existence of backup data, and failing to disclose to Congress the fact that records were missing, the IRS impeded the Committee’s investigation.  These actions had the effect of denying the Committee access to records that may have been relevant and, ultimately, delayed the investigation’s conclusion by more than one year.

A table of contents for the appendix can be found here. The appendicies can be found below:

Part 1 here.

Part 2 here.

Part 3 here.

Part 4 here.

A timeline can be found here.

Additional views from Chairman Hatch can be found here. A summary can be found here.

Additional views from Ranking Member Wyden can be found here. A summary can be found here.

 

Background:

On May 20, 2013, the leaders of the Senate Finance Committee sent a detailed, 41-question document request to the Internal Revenue Service (IRS) seeking information about the alleged targeting by the IRS of certain social welfare organizations applying for tax-exempt status based on those organizations’ presumed political activities. That letter marked the beginning of a bipartisan investigation by the Committee into the IRS’ activities related to the review of tax-exempt applications and related issues raised by the Treasury Inspector General for Tax Administration (TIGTA) in his May 14, 2013, report.

In June 2014, the Committee learned that Lois Lerner had experienced a hard drive failure in 2011, which raised questions about the IRS’s ability to produce all the documents necessary to complete the Senate Finance Committee investigation. As a result, Chairman Hatch and Ranking Member Wyden asked TIGTA to investigate the matter. Specifically, TIGTA looked into: 1) what records the IRS lost; 2) if there was any attempt to deliberately destroy records, or otherwise impede congressional and federal investigations; and 3) whether any of the missing information can be recovered.

TIGTA provided their findings to the Committee on June 30, 2015.

Upon completing the report, Committee investigators had interviewed more than 32 current and former IRS and Treasury employees and reviewed nearly 1.5 million pages of documents.