DOJ Charges 6 Russian Military Hackers for Global Cyberattacks

FNC: The Justice Department on Monday announced the indictment of six military hackers with the Russian GRU who allegedly carried out a global conspiracy that included cyberattacks around the world.

The alleged attacks hit targets in Ukraine, the 2018 Winter Olympics in South Korea, and western Pennsylvania.

“No country has weaponized its cyber-capabilities as maliciously and irresponsibly as Russia,” Assistant Attorney General John C. Demers said at a DOJ press conference.

The defendants are six current and former members of GRU, Russia’s military intelligence service. The DOJ said the attacks began in November 2015 and continued until at least October 2019. The allegations do not include any interference in U.S. elections.

The alleged attacks include malware strikes against the Ukrainian power grid, Ministry of Finance, and State Treasury Service; spearphishing campaigns and attacks against French President Emmanuel Macron’s political party, local French governments, and French politicians before their 2017 elections; the global NotPetya malware attack that infected computer worldwide including those in medical facilities in western Pennsylvania and a large American pharmaceutical company; the Olympic Destroyer attack that targeted computers supporting the 2018 Olympics; a spearphishing campaign targeting South Korean officials and citizens, as well as Olympic athletes; another spearphishing campaign against the United Kingdom’s Defence Science and Technology Laboratory, and attacks targeting government entities and companies in Georgia.

(Source: FBI)

(Source: FBI)

The NotPetya attack alone allegedly resulted in nearly $1 billion in losses, the DOJ said.

The Olympic attacks allegedly came after Russian athletes were banned from competing under the Russia flag due to their country’s government-sponsored doping efforts. The defendants – Yuriy Sergeyevich Andrienko, Sergey Vladimirovich , Pavel Valeryevich Frolov, Anatoliy Sergeyevich Kovalev, Artem Valeryevich Ochichenko and Petr Nikolayevich Pliskin – are charged with conspiracy, computer hacking, wire fraud, aggravated identity theft and false registration of a domain name.

“The crimes committed by these defendants,” said Western District of Pennsylvania U.S. Attorney Scott Brady, “are truly breathtaking in their scope, scale, and impact.”

The Justice Department thanked tech companies including Google, Facebook and Twitter for assisting them in their investigation, but did not explain how they helped.

***

In part from the Justice Department: These GRU hackers and their co-conspirators engaged in computer intrusions and attacks intended to support Russian government efforts to undermine, retaliate against, or otherwise destabilize: (1) Ukraine; (2) Georgia; (3) elections in France; (4) efforts to hold Russia accountable for its use of a weapons-grade nerve agent, Novichok, on foreign soil; and (5) the 2018 PyeongChang Winter Olympic Games after Russian athletes were banned from participating under their nation’s flag, as a consequence of Russian government-sponsored doping effort.

Their computer attacks used some of the world’s most destructive malware to date, including: KillDisk and Industroyer, which each caused blackouts in Ukraine; NotPetya, which caused nearly $1 billion in losses to the three victims identified in the indictment alone; and Olympic Destroyer, which disrupted thousands of computers used to support the 2018 PyeongChang Winter Olympics.  The indictment charges the defendants with conspiracy, computer hacking, wire fraud, aggravated identity theft, and false registration of a domain name.

According to the indictment, beginning in or around November 2015 and continuing until at least in or around October 2019, the defendants and their co-conspirators deployed destructive malware and took other disruptive actions, for the strategic benefit of Russia, through unauthorized access  to victim computers (hacking).  As alleged, the conspiracy was responsible for the following destructive, disruptive, or otherwise destabilizing computer intrusions and attacks:

  • Ukrainian Government & Critical Infrastructure: December 2015 through December 2016 destructive malware attacks against Ukraine’s electric power grid, Ministry of Finance, and State Treasury Service, using malware known as BlackEnergy, Industroyer, and KillDisk;
  • French Elections: April and May 2017 spearphishing campaigns and related hack-and-leak efforts targeting French President Macron’s “La République En Marche!” (En Marche!) political party, French politicians, and local French governments prior to the 2017 French elections;
  • Worldwide Businesses and Critical Infrastructure (NotPetya): June 27, 2017 destructive malware attacks that infected computers worldwide using malware known as NotPetya, including hospitals and other medical facilities in the Heritage Valley Health System (Heritage Valley) in the Western District of Pennsylvania; a FedEx Corporation subsidiary, TNT Express B.V.; and a large U.S. pharmaceutical manufacturer, which together suffered nearly $1 billion in losses from the attacks;
  • PyeongChang Winter Olympics Hosts, Participants, Partners, and Attendees: December 2017 through February 2018 spearphishing campaigns and malicious mobile applications targeting South Korean citizens and officials, Olympic athletes, partners, and visitors, and International Olympic Committee (IOC) officials;
  • PyeongChang Winter Olympics IT Systems (Olympic Destroyer): December 2017 through February 2018 intrusions into computers supporting the 2018 PyeongChang Winter Olympic Games, which culminated in the Feb. 9, 2018, destructive malware attack against the opening ceremony, using malware known as Olympic Destroyer;
  • Novichok Poisoning Investigations: April 2018 spearphishing campaigns targeting investigations by the Organisation for the Prohibition of Chemical Weapons (OPCW) and the United Kingdom’s Defence Science and Technology Laboratory (DSTL) into the nerve agent poisoning of Sergei Skripal, his daughter, and several U.K. citizens; and
  • Georgian Companies and Government Entities: a 2018 spearphishing campaign targeting a major media company, 2019 efforts to compromise the network of Parliament, and a wide-ranging website defacement campaign in 2019.

Cybersecurity researchers have tracked the Conspirators and their malicious activity using the labels “Sandworm Team,” “Telebots,” “Voodoo Bear,” and “Iron Viking.”

Trump Working to Free American Hostages, Including Austin Tice

Some things just cannot be mentioned by President Trump on the campaign trail for fear of damage to existing talks and harm to the hostages. Such is true with those that the President is working diligently to release. Further, it should be noted that under the Obama/Biden administration, the notable hostages released include the treasonous Bowe Bergdahl for 5 Gitmo detainees and likely some other side deals, yet to still be determined beyond the Taliban’s diplomatic facility in Qatar.

There were also 4 Americans that were released by Iran and thankfully so, however that included an exchange of at least 7 Iranians imprisoned in the United States and that pesky pile of money alleged to have been $150 billion.

But read on and give a hat tip to the Trump White House for all of these efforts.

WSJ: A top White House of­fi­cial re­cently trav­eled to Dam­as­cus for se­cret talks with the As­sad regime, mark­ing the first time such a high-level U.S. of­fi­cial has met in Syria with the iso­lated gov­ern­ment in more than a decade, ac­cord­ing to Trump ad­min­is­tra­tion of­fi­cials and oth­ers fa­mil­iar with the ne­go­ti­a­tions.

Journalist Austin Tice went missing in Syria in 2012 and hasn’t been heard from since.
Photo: Fort Worth Star-Telegram/Zuma Press

Kash Pa­tel, a deputy as­sistant to Pres­i­dent Trump and the top White House coun­tert­error­ism of­fi­cial, went to Dam­as­cus ear­lier this year in an ef­fort to se­cure re­lease of at least two Amer­i­cans be­lieved to be held by Pres­i­dent Bashar al-As­sad, the of­fi­cials said. Of­fi­cials fa­mil­iar with the trip de­clined to say whom Mr. Pa­tel met with dur­ing his trip.

The last known talks be­tween White House and Syr­ian of­fi­cials in Dam­as­cus took place in 2010. The U.S. cut off diplo­matic re­la­tions with Syria in 2012 to protest Mr. As­sad’s bru­tal crack­down on pro­testers call­ing for an end to his regime.

U.S. of­fi­cials are hop­ing a deal with Mr. As­sad would lead to free­dom for Austin Tice, a free­lance jour­nal­ist and for­mer Ma­rine of­fi­cer who dis­ap­peared while re­port­ing in Syria in 2012, and Majd Ka­mal­maz, a Syr­ian-Amer­i­can ther­a­pist who dis­ap­peared af­ter be­ing stopped at a Syr­ian gov­ern­ment check­point in 2017. At least four other Amer­i­cans are be­lieved to be held by the Syr­ian gov­ern­ment, but lit­tle is known about those cases.

Ibrahim Ka­mal­maz, one of Mr. Ka­mal­maz’s sons, wel­comed Mr. Pa­tel’s trip as a pos­i­tive step in try­ing to bring his fa­ther home.

“This ad­min­is­tra­tion is com­mit­ted to our dad’s case, and we con­tinue to speak with of­fi­cials at the high­est lev­els of the U.S. Gov­ern­ment to bring dad home,” he said Sun­day.

A State De­part­ment spokes­woman de­clined to com­ment. White House of­fi­cials didn’t re­spond to re­quests for com­ment. The Syr­ian mis­sion to the United Na­tions didn’t im­me­di­ately re­spond to a re­quest for com­ment on the visit.

Both the Trump and Obama ad­min­is­trations worked to iso­late Mr. As­sad, who has en­listed help from Rus­sia and Iran to sup­press pop­u­lar protests and armed re­sis­tance that has un­suc­cess­fully sought to force him from power. The nearly decade­ long war has frac­tured the coun­try and left nearly a half-mil­lion peo­ple dead. Ear­lier this year, the Trump ad­min­is­tra­tion im­posed pun­ish­ing new eco­nomic sanc­tions on Syria that have fur­ther mar­gin­al­ized the As­sad regime.

 

In March, Mr. Trump wrote Mr. As­sad a pri­vate let­ter propos­ing a “di­rect di­a­logue” about Mr. Tice, and ad­min­is­tra­tion of­fi­cials have tried a va­ri­ety of ways to ne­go­ti­ate a deal.

Last week, Lebanon’s top se­cu­rity chief, Ab­bas Ibrahim, met at the White House with Robert O’Brien, the White House na­tional se­cu­rity ad­viser, to dis­cuss the Amer­i­cans held in Syria, ac­cord­ing to peo­ple in­volved in the talks.

Mr. Ibrahim, head of Lebanon’s Gen­eral Se­cu­rity agency, has served as a vi­tal me­di­a­tor be­tween the U.S. and Syria. Last year, he helped to se­cure the re­lease of Sam Good­win, an Amer­i­can trav­eler held for more than two months while vis­it­ing Syria as part of an at­tempt to visit every coun­try in the world.

Mr. Trump has boasted in re­cent months of his ad­min­is­tra­tion’s ef­forts in cam­paign ral­lies, and the Re­pub­li­can con­ven­tion fea­tured a video of Mr. Trump meet­ing with Amer­i­cans who had been held in In­dia, Iran, Syria, Tur­key and Ve­nezuela.

Last week, Mr. Pa­tel helped bro­ker a deal that led to the re­lease of two Amer­i­cans held by Iran-backed Houthi forces in Yemen in ex­change for the re­turn of more than 200 Houthi loy­al­ists stuck out­side the frac­tured Mid­dle East na­tion.

The Trump ad­min­is­tra­tion is also try­ing to press Ve­nezuela to re­lease six oil ex­ec­u­tives held since 2017. Two other Amer­i­cans were ar­rested in May af­ter en­ter­ing Ve­nezuela to al­legedly take part in an at­tempted coup to over­throw Pres­i­dent Nico­las Maduro.

The fam­i­lies of both Mr. Tice and Mr. Ka­mal­maz be­lieve that the two men are alive, but Syr­ian of­fi­cials haven’t of­fered de­finitive proof.

Talks with the As­sad regime haven’t got­ten very far, ac­cord­ing to peo­ple briefed on the ne­go­ti­a­tions.

The As­sad regime has re­peat­edly de­manded that the U.S. with­draw all its forces from Syria. Sev­eral hun­dred Amer­i­can forces help pro­tect oil fields in the north­east­ern part of the coun­try as part of an ef­fort to pre­vent Is­lamic State from re­gain­ing a foothold in the coun­try.

Con­cerns about the fate of both men was height­ened by the death of Layla Shweikani, a 26-year-old Illi­nois na­tive, who hu­man rights groups said was de­tained, tor­tured and ex­e­cuted by the As­sad regime in 2016 af­ter work­ing as an ac­tivist and aid worker in Syria.

Mr. Trump has taken a per­sonal in­ter­est in try­ing to se­cure Mr. Tice’s free­dom, men­tion­ing his case in a March news con­fer­ence and is­su­ing a state­ment on the eighth an­niver­sary of his dis­ap­pear­ance.

 

Declassified Notes, Brennan Briefed Obama on Hillary’s RussiaGate Plot

Primer:

CIA Director, Gina Haspel was the London Chief of Station from 2014 to 2017 under Director John Brennan. It is reported that Haspel is stonewalling the release of key documents related to RussiaGate.

Gina Haspel confirmed as first woman CIA director

This past August, Durham reportedly questioned former CIA Director John Brennan at CIA headquarters for eight hours on Friday, although Nick Shapiro, an adviser for Brennan, says the former spy chief was assured that he is not a target of Durham’s criminal investigation.

*** As Brennan hearing opens, mounting questions on how Obama ...

But DNI John Ratcliffe has provided documents to the House and Senate Intelligence Committees. So, on each side, at the very least Adam Schiff and Chris Murphy should be not only embarrassed, but should publicly apologize and both not only be removed from their respective committee assignments, but their security clearances should be terminated.

With that read on…

FNC Exclusive:

Director of National Intelligence John Ratcliffe on Tuesday declassified documents that revealed former CIA Director John Brennan briefed former President Obama on Hillary Clinton’s purported “plan” to tie then-candidate Donald Trump to Russia as “a means of distracting the public from her use of a private email server” ahead of the 2016 presidential election, Fox News has learned.

Ratcliffe declassified Brennan’s handwritten notes – which were taken after he briefed Obama on the intelligence the CIA received – and a CIA memo, which revealed that officials referred the matter to the FBI for potential investigative action.

The Office of the Director of National Intelligence transmitted the declassified documents to the House and Senate Intelligence Committees on Tuesday afternoon.

“Today, at the direction of President Trump, I declassified additional documents relevant to ongoing Congressional oversight and investigative activities,” Ratcliffe said in a statement to Fox News Tuesday.

A source familiar with the documents explained that Brennan’s handwritten notes were taken after briefing Obama on the matter.

“We’re getting additional insight into Russian activities from [REDACTED],” Brennan notes read. “CITE [summarizing] alleged approved by Hillary Clinton a proposal from one of her foreign policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by the Russian security service,” Brennan’s notes read.

The notes state “on 28 of July.”  In the margin, Brennan writes “POTUS,” but that section of the notes is redacted.

“Any evidence of collaboration between Trump campaign + Russia,” the notes read.

The remainder of the notes are redacted, except in the margins, which reads:  “JC,” “Denis,” and “Susan.”

** ENCLOSURE_1__Brennan_Notes__U

The declassification comes after Ratcliffe, last week, shared newly-declassified information with the Senate Judiciary Committee which revealed that in September 2016, U.S. intelligence officials forwarded an investigative referral on Hillary Clinton purportedly approving “a plan concerning U.S. presidential candidate Donald Trump and Russian hackers hampering U.S. elections” in order to distract the public from her email scandal.

That referral was sent to then-FBI Director James Comey and then-Deputy Assistant Director of Counterintelligence Peter Strzok.

“The following information is provided for the exclusive use of your bureau for background investigative action or lead purposes as appropriate,” the CIA memo to Comey and Strzok stated.

“This memorandum contains sensitive information that could be source revealing. It should be handled with particular attention to compartmentation and need-to-know. To avoid the possible compromise of the source, any investigative action taken in response to the information below should be coordinated in advance with Chief Counterintelligence Mission Center, Legal,” the memo, which was sent to Comey and Strzok, read. “It may not be used in any legal proceeding—including FISA applications—without prior approval…”

** ENCLOSURE_2__DCIA_Memo_09-07-16__U

“Per FBI verbal request, CIA provides the below examples of information the CROSSFIRE HURRICANE fusion cell has gleaned to date,” the memo continued. ““An exchange [REDACTED] discussing US presidential candidate Hillary Clinton’s approval of a plan concerning US presidential candidate Donald Trump and Russian hackers hampering US elections as a means of distracting the public from her use of a private email server.”

The memo is heavily redacted.

Ratcliffe informed the committee last week that the Obama administration obtained Russian intelligence in July 2016 with allegations against Clinton, but cautioned that the intelligence community “does not know the accuracy of this allegation or the text to which the Russian intelligence analysis may reflect exaggeration or fabrication.”

According to Ratcliffe’s letter, the intelligence included the “alleged approval by Hillary Clinton on July 26, 2016, of a proposal from one of her foreign policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by Russian security services.”

Nick Merrill, Clinton’s spokesperson, called the allegations “baseless b———t.”

But Ratcliffe, in a statement released after the information was made public, pushed back on the idea he was advancing “Russian disinformation.”

“To be clear, this is not Russian disinformation and has not been assessed as such by the Intelligence Community,” Ratcliffe said in a statement to Fox News. “I’ll be briefing Congress on the sensitive sources and methods by which it was obtained in the coming days.”

A source familiar with the documents told Fox News on Tuesday that the allegation was “not disinformation.”

“This is not Russian disinformation. Even Brennan knew, or he wouldn’t be briefing the president of the United States on it,” the source said. “There is a high threshold to orally brief the president of the United States and he clearly felt this met that threshold.”

Another source familiar with the documents told Fox News that “this information has been sought by hundreds of congressional requests for legitimate oversight purposes and was withheld for political spite—and the belief that they’d never get caught.”

The source added that the Brennan notes are significant because it is “their own words, written and memorialized in real time.”

Meanwhile, last week, during a hearing before the Senate Judiciary Committee, Comey was asked whether he received an investigative referral on Clinton from 2016, but he said it didn’t “ring any bells.”

“You don’t remember getting an investigatory lead from the intelligence community? Sept. 7, 2016, U.S. intelligence officials forwarded an investigative referral to James Comey and Strzok regarding Clinton’s approval of a plan [about] Trump…as a means of distraction?” Graham asked Comey.

“That doesn’t ring any bells with me,” Comey said.

“That’s a pretty stunning thing that it doesn’t ring a bell,” Graham fired back. “You get this inquiry from the intelligence community to look at the Clinton campaign trying to create a distraction, accusing Trump of being a Russian agent or a Russian stooge.”

Graham questioned “how far-fetched is that,” citing the fact that Clinton campaign and the Democratic National Committee, through law firm Perkins Coie, hired Fusion GPS and ex-British intelligence officer Christopher Steele to author and compile information for the controversial and unverified anti-Trump dossier.

The Clinton campaign and the Democratic National Committee, through law firm Perkins Coie, hired Fusion GPS and ex-British intelligence officer Christopher Steele to author and compile information for the controversial and unverified anti-Trump dossier.

The dossier contains claims about alleged ties between Donald Trump and Russia that served as the basis for Foreign Intelligence Surveillance Act (FISA) warrants obtained against former Trump campaign aide Carter Page.

Comey maintained that the referral did not “sound familiar.”

Meanwhile, House Intelligence Committee Ranking Member Devin Nunes, R-Calif., called the information, and potentially forthcoming documents “smoking guns.”

“The documents that are underlying that we now have seen, I have only seen a few of those – they’re smoking guns,” Nunes said on “Sunday Morning Futures” this week. “That information definitely needs to be made available to the American public.”

Nunes added that there is “even more underlying evidence that backs up” the information Ratcliffe released, and called the amount of time it took for allies of the president to get the information declassified and made public “mind-boggling.”

“This has been a very difficult task for us to get to the bottom of, because you have corrupt officials,” Nunes said.

Attorney General Bill Barr last year appointed U.S. Attorney of Connecticut John Durham to investigate the origins of the FBI’s Russia probe shortly after special counsel Robert Mueller completed his years-long investigation into whether the campaign colluded with the Russians to influence the 2016 presidential election.

It is unclear whether this information will be considered part of Durham’s investigation.

Voting is Protected Speech but so is Not Voting

Primer: There are going to be countless legal challenges to vote results nationwide, it cannot be avoided. Just prepared for a mess larger than that of the Bush-Gore results which took 36 days.

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.

Discrimination occurs when the civil rights of an individual are denied or interfered with because of the individual’s membership in a particular group or class. Various jurisdictions have enacted statutes to prevent discrimination based on a person’s race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances sexual orientation.

Civil Rights and Civil Liberties

People often confuse civil rights and civil liberties. Civil rights refer to legal provisions that stem from notions of equality. Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected by the Bill of Rights. For example, the First Amendment’s right to free speech is a civil liberty.

Read on however and give this a bit of critical thinking.

Free speech protected by the 1st Amendment has thousands of moving parts including voting or not voting. There are many times where free speech is not only challenged but removed as a civil right as noted in the case of a criminal conviction of a felony.

Wearing a t-shirt or a hat with a logo or slogan is free speech just as much as flying a flag at your home or not doing so.

Mandatory Voting Will Build Resentment, Not Democracy ...

Additional reading: Mandatory Voting Will Build Resentment, Not Democracy/ Fining non-voters would show that government is all about forcing people to do things just to make politicians happy.

So, when it comes to ballot harvesting, consider that forcing votes by turning in ballots for tabulation is against free speech. This all stems from voter rolls (databases) that are not audited, purged, corrected or amended. People move away, people die, people change names and people request ballots using phony names and addresses. Mass mailings of the entire database is not representative of quality and current data. Then there is the matter of ballot design that is challenged making it confusing for the voter or the matter of mistakes made in the comparisons of signatures on file to the actually submitted ballot. How about errors made in names and addresses in the mass mailings where it does not at all match yet the ballots are mailed? What about people tailing the Post Office and delivery personnel and grabbing ballots out of mail trays or slots or simply offering a stipend to fill out the ballot for the alleged voter on their behalf?

There is still the matter of voter ID which has yet to be resolved in many states.

But now we are hearing many other incidents of ballot malfunctions including 100,000 in New York.

Valerie Vazquez-Diaz, a spokesperson for the board, told CNN that 99,477 voters in Brooklyn were affected by an issue with the “oath” envelope for their absentee ballot.

The envelopes—which include the voter’s name, address and voter ID—were sent with the wrong name and address, a problem that was first reported Monday by confused voters, though its scope was unknown.

 

Here too it is important to note that many candidate vote results come down to a mere few hundred votes where absentee ballots or provisional ballots come into question.

For the matter of not voting…this matter of ballot harvesting is forcing a name in many cases as a vote where otherwise there may not be a vote at all and that too is free speech. One has to ask is this a violation of the civil rights of an individual? Of course it is….perhaps a person is apathetic, disgusted or otherwise not engaged at all in any part of government affairs or policy? That is fine too under the 1st Amendment.

The media should really challenge the whole matter of civil rights violations and ballot harvesting.

More from Forbes in part:

New York City Mayor Bill de Blasio harshly criticized the NYC Board of Elections Tuesday morning: “This is appalling. It is so easy to avoid this mistake and it is very easy to fix this mistake.”

Key Background

This error comes amid continued attacks on mail-in voting from President Trump, who has insisted—without evidence—that the Democrats will use mail-in voting, “a whole big scam,” to steal the 2020 election. News from last week that a “small number” of ballots in Pennsylvania had been discarded further fueled the president’s accusations of widespread “voter fraud.”

Further Reading

“Pennsylvania Discarded Ballot Mishap Fuels Trump Attacks On Mail-In Voting” (Forbes)

“FBI Warns Cyber Criminals, Foreign Actors Spreading ‘False Claims’ About U.S. Voting To Undermine 2020 Election” (Forbes)

 

 

Trump’s EO Protects Vulnerable Newborn and Infant Children

One would have to look far and wide to see where media reported this. But Planned Parenthood did respond.

Planned Parenthood: The Bible Says Nothing About Abortion ...

Washington, D.C. — Today, the Clergy Advocacy Board of the Planned Parenthood Federation of America issued the following statement on Donald Trump’s new executive order, which he announced earlier this week at the National Catholic Prayer Breakfast and released last night:

“As clergy, people invite us into their lives when the unexpected arises. But in these times of overheated political rhetoric, we must clarify: politicians are creating a false narrative to score political points. We are clergy to people facing real-life health crises and we know this is not how medical care works. The situation this executive order pretends to address simply does not happen, but the cruel stigma it creates for those seeking abortions is very real.

“Our experience teaches, first and foremost, to avoid judging those who would seek an abortion, no matter the reason. When we are called upon to provide prayer, counsel, and support, we see that every pregnancy is different, and that pregnancy must not be taken for granted, especially in those circumstances when something goes horribly wrong. 

“We realize that many people’s faith will influence their decisions. We underscore the importance of allowing people to honor their differing faith teachings and personal conscience in these most trying and intimate moments of life. We respect these heartfelt personal decisions. 

“Meanwhile, we acknowledge that people disagree about abortion. Yet we underscore the importance of ensuring that everyone has access to high quality health care throughout their pregnancy. Health care providers and their patients need all of their options.

“As religious leaders, we believe that God created human beings with the capacity to make wise decisions that direct their personal, private lives. We believe that each person deserves access to quality health care and must be spared from unwanted interference by politicians and hostile rhetoric.

“We walk in no one’s shoes but our own, and we would all be wise to react with compassion for every pregnant person and their loved ones who face such an exceptional and sorrowful situation.” 

Background on the Planned Parenthood Federation of America Clergy Advocacy Board:

Building on the long history of faith leaders taking an active role in supporting reproductive health care, the Clergy Advocacy Board has been working with Planned Parenthood at the national and state levels to further the goal of full reproductive rights and freedom for all people for more than two decades. Its members, who are dedicated clergy and faith leaders from different denominations and communities throughout the U.S., lead a national effort to increase public awareness of the theological and moral basis for advocating reproductive health.

Trump Signs Executive Order Giving Healthcare Corporations ...

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1Purpose.  Every infant born alive, no matter the circumstances of his or her birth, has the same dignity and the same rights as every other individual and is entitled to the same protections under Federal law.  Such laws include the Emergency Medical Treatment and Labor Act (EMTALA), 42 U.S.C. 1395dd, which guarantees, in hospitals that have an emergency department, each individual’s right to an appropriate medical screening examination and to either stabilizing treatment or an appropriate transfer.  They also include section 504 of the Rehabilitation Act (Rehab Act), 29 U.S.C. 794, which prohibits discrimination against individuals with disabilities by programs and activities receiving Federal funding.  In addition, the Born-Alive Infants Protection Act, 1 U.S.C. 8, makes clear that all infants born alive are individuals for purposes of these and other Federal laws and are therefore afforded the same legal protections as any other person.  Together, these laws help protect infants born alive from discrimination in the provision of medical treatment, including infants who require emergency medical treatment, who are premature, or who are born with disabilities.  Such infants are entitled to meaningful and non-discriminatory access to medical examination and services, with the consent of a parent or guardian, when they present at hospitals receiving Federal funds.

Despite these laws, some hospitals refuse the required medical screening examination and stabilizing treatment or otherwise do not provide potentially lifesaving medical treatment to extremely premature or disabled infants, even when parents plead for such treatment.  Hospitals might refuse to provide treatment to extremely premature infants — born alive before 24 weeks of gestation — because they believe these infants may not survive, may have to live with long-term disabilities, or may have a quality-of-life deemed to be inadequate.  Active treatment of extremely premature infants has, however, been shown to improve their survival rates.  And the denial of such treatment, or discouragement of parents from seeking such treatment for their children, devalues the lives of these children and may violate Federal law.

Sec. 2Policy.  It is the policy of the United States to recognize the human dignity and inherent worth of every newborn or other infant child, regardless of prematurity or disability, and to ensure for each child due protection under the law.

Sec. 3.  (a)  The Secretary of Health and Human Services (Secretary) shall ensure that individuals responsible for all programs and activities under his jurisdiction that receive Federal funding are aware of their obligations toward infants, including premature infants or infants with disabilities, who have an emergency medical condition in need of stabilizing treatment, under EMTALA and section 504 of the Rehab Act, as interpreted consistent with the Born-Alive Infants Protection Act.  In particular, the Secretary shall ensure that individuals responsible for such programs and activities are aware that they are not excused from complying with these obligations, including the obligation to provide an appropriate medical screening examination and stabilizing treatment or transfer, when extremely premature infants are born alive or infants are born with disabilities.  The Secretary shall also ensure that individuals responsible for such programs and activities are aware that they may not unlawfully discourage parents from seeking medical treatment for their infant child solely because of their infant child’s disability.  The Secretary shall further ensure that individuals responsible for such programs and activities are aware of their obligations to provide stabilizing treatment that will allow the infant patients to be transferred to a more suitable facility if appropriate treatment is not possible at the initial location.

(b)  The Secretary shall, as appropriate and consistent with applicable law, ensure that Federal funding disbursed by the Department of Health and Human Services is expended in full compliance with EMTALA and section 504 of the Rehab Act, as interpreted consistent with the Born-Alive Infants Protection Act, as reflected in the policy set forth in section 2 of this order.

(i)   The Secretary shall, as appropriate and to the fullest extent permitted by law, investigate complaints of violations of applicable Federal laws with respect to infants born alive, including infants who have an emergency medical condition in need of stabilizing treatment or infants with disabilities whose parents seek medical treatment for their infants.  The Secretary shall also clarify, in an easily understandable format, the process by which parents and hospital staff may submit such complaints for investigation under applicable Federal laws.

(ii)  The Secretary shall take all appropriate enforcement action against individuals and organizations found through investigation to have violated applicable Federal laws, up to and including terminating Federal funding for non-compliant programs and activities.

(c)  The Secretary shall, as appropriate and consistent with applicable law, prioritize the allocation of Department of Health and Human Services discretionary grant funding and National Institutes of Health research dollars for programs and activities conducting research to develop treatments that may improve survival — especially survival without impairment — of infants born alive, including premature infants or infants with disabilities, who have an emergency medical condition in need of stabilizing treatment.

(d)  The Secretary shall, as appropriate and consistent with applicable law, prioritize the allocation of Department of Health and Human Services discretionary grant funding to programs and activities, including hospitals, that provide training to medical personnel regarding the provision of life-saving medical treatment to all infants born alive, including premature infants or infants with disabilities, who have an emergency medical condition in need of stabilizing treatment.

(e)  The Secretary shall, as necessary and consistent with applicable law, issue such regulations or guidance as may be necessary to implement this order.

Sec. 4General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.