Breitbart News has obtained confirmation on State Department letterhead that Hillary Clinton did NOT sign a mandatory OF-109 “Separation Statement” when she left the State Department.
That statement would have required her to affirm that she had returned all classified materials in her possession. Clinton’s top aide Cheryl Mills also avoided signing a separation statement.
Additionally, Clinton never certified that she went through a mandatory security debriefing to learn how to handle classified information. State Department officials, meanwhile, admitted that they “mistakenly” mailed out sensitive information involving the Clinton case.
Citizen researcher Larry Kawa has provided to Breitbart News the most clear-cut evidence to date that Clinton avoided going through mandatory channels to return classified government information.
Clinton failed to sign a separation agreement when she left the State Department, around the time she was required to give back all of her classified materials. Clinton signed a “Classified Information Nondisclosure Agreement” on January 22, 2009. This document is known as an SF-312. It is standard for government employees to sign an SF-312 when they begin working in a role that gives them access to classified information. But she was also required to sign an OF-109, or “Separation Statement,” when she left the job.
That OF-109 document would have required her to affirm the following:
I have surrendered to responsible officials all classified or administratively controlled documents and material with which I was charged or which I had in my possession. I am not retaining in my possession, custody, or control, documents or material containing classified or administratively controlled information furnished to me during the course of such employment or developed as a consequence thereof…
But Clinton never signed an OF-109, even though the State Department Foreign Affairs Manual requires all employees to do so. The office of the Speaker of the House and others have been desperately trying to figure out if Clinton signed an OF-109. Now we know.
On September 11, 2015, researcher Larry Kawa received a letter from State Department official Clarence N. Finney Jr. from the Office of Executive Secretariat Staff (S/ES-S). Finney claimed that, “Departing secretaries of state do not complete an OF-109 due to their continued need for a security clearance after their resignation.”
***
In other words, the State Department claimed that Clinton, as Secretary of State, was exempt from the requirement in the Foreign Affairs Manual. But Kawa was not satisfied.
Kawa wrote to State Department Office of Information Programs and Services director John Hackett on November 19 and asked, “Can you please forward me written documentation that allows for the exemption of the Secretary of State?”
“Mr. Kawa, I do not have this information at hand. I recommend that you submit an additional FOIA request,” Hackett replied. Kawa submitted another FOIA request two days later seeking evidence for the exemption, but his FOIA request was never returned.
The State Department’s Foreign Affairs Manual Volume 12 Section 564.4 is crystal clear that all employees must sign a separation agreement and undergo a security debriefing:
a. A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more.The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4).
b. AID’s Office of Security, IG/SEC, will conduct a security debriefing upon the separation of AID employees.
Kawa asked State Department Office of Information Programs and Services litigation and appeals branch chief Brandi Garrett for the “pertinent exemption” that would have allowed Clinton to skip out on signing a separation statement, but Garrett did not provide any evidence to show that Clinton was exempt.
Cheryl Mills also skipped the exit procedure.
A Separation Statement exists for top Clinton aide Cheryl Mills, and a copy of it was quietly released by the State Department.
You might notice something fairly jarring: the statement was never signed, by Mills or anyone else. It was left blank.
Cheryl Mills, like Clinton, avoided having to affirm that she “surrendered to responsible officials all classified or administratively controlled documents and material with which I was charged or which I had in my possession.”
Unlike Mills, Clinton aide Huma Abedin signed a separation statement and security debriefing acknowledgment in February 2013.
Citizen researcher Larry Kawa found the information during a series of exchanges with State Department officials in which the Department admitted to “mistakenly” mailing out sensitive information on the Clinton case.
On the evening of Friday November 13, 2015, Kawa received an email from Deputy Assistant Secretary of State Martha Grafeld. That same night, he received a voicemail message from State Department information officer John Hackett. Both Grafeld and Hackett told Kawa that he had been mailed sensitive information about Clinton and her aides. Even though Kawa had not received any information, the State Department officials seemed panicked.
They both asked him to return the sensitive information as soon as he gets it in the mail. They also both warned him not to disclose any of the information they thought he’d been sent.
Audio of Hackett’s voice mail message, reviewed by Breitbart News, referred to information that was “mistakenly” sent out:
Mr. Kawa, this is John Hackett with the Department of State. Area code [redacted]. The documents we recently mailed you relating to your FOIA request, um, these documents were mistakenly mailed to you without proper processing. They may contain, um, information that is exempt from public disclosure including Social Security numbers. We ask that you not distribute or disseminate these documents. We’ll be sending you an email to ask you to return these documents. Um, also we’ll be sending you a link where these documents that have been properly processed may be found. We regret any inconvenience. If you have any questions, please don’t hesitate to give me a call. Thanks a lot. Bye now.
Grafeld wrote:
I am writing to follow up on a phone call you received today. In that call, our staff informed you that documents you recently received in the mail from the Department of State were mistakenly mailed to you without proper processing, as they include information that is exempt from disclosure, potentially including Social Security numbers. The Department asked that you not distribute or disseminate these documents or copies of these documents. Substitute documents that have been properly processed are posted at: https://foia.state.gov/Search/Results.aspx?collection=HRC_NDAS.
We will forward to you a prepaid envelope to return to us the documents that were mistakenly sent and any copies you may have made. This return will be at no cost to you.
As you may know, many states have enacted privacy laws that prohibit the disclosure of the Social Security number of another person. With that in mind, we appreciate your safeguarding the Social Security numbers on the documents mistakenly sent to you.
We regret any inconvenience that this may cause you and appreciate your cooperation.
Clinton’s lack of an OF-109 is especially relevant in light of her SF-312, a sworn agreement in 2009 that she made to return all classified materials “upon the conclusion of my employment”:
7…I agree that I shall return all classified materials which have, or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of my employment or other relationship with the Department or Agency that last granted me a security clearance or that provided me access to classified information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Sections 793 and/or 1924, Title 18, United States Code, a United States criminal law.
But Clinton did not return her private server, with classified information on it, when she left the State Department in January 2013. She only gave her private server to an inter-agency task force led by the FBI in August 2015, more than two years after her employment with the State Department came to an end.
Thus, Clinton violated her sworn SF-312 statement and could have violated the Title 18 sections cited in the agreement: Section 793, on “Gathering, transmitting, or losing defense information,” and Section 1924, on “Unauthorized removal and retention of classified documents or material.” If she is convicted of violating either of those sections, she could face prison time.
Clinton did not sign the second line on the bottom of the SF-312 document, the “Security Debriefing Acknowledgment.” The signature line was left blank. Thus, Clinton did not certify that she was debriefed on her security obligations regarding classified information.
The Hillary Clinton campaign and the State Department did not return requests for comment for this report.
Category Archives: Votes voting
Jeh Johnson’s State of DHS, Judge for Yourself
Remarks by Secretary of Homeland Security Jeh C. Johnson on the State of Homeland Security
Washington, D.C.
Woodrow Wilson Center
(As delivered)
Good morning everyone. Thank you Jane and the Wilson Center for hosting me again for this annual ritual. Jane is a terrific supporter of our Department and our homeland security mission, and a voice of strength and common sense in this town. Jane, for the third year in a row, I continue to appreciate your leadership and mentorship. Thank you again.
Today I will outline progress we made in 2015 and the goals the President and I have for the Department of Homeland Security in 2016. In the remaining 344 days of this Administration, there is much to do. I intend to make every day count. The former president of my alma mater, Morehouse College, used to tell his students we only have just a minute, but eternity is in it, and it’s up to us to use it. With Deputy Secretary Alejandro Mayorkas as my partner, we will push an aggressive agenda to the end.
I begin these remarks with a shout-out to the men and women of DHS, led by the terrific component heads seated before me. It’s the nature of our business in homeland security that no news is good news. But no news is very often the product of the hard work and extraordinary, courageous effort our people put in every day to keep the American public safe.
Last fiscal year, for example, TSA screened 695 million passengers (3 million more than the year before); screened 450 million pieces of checked luggage (the highest in six years), and, at the same time, seized a record number 2,500 firearms from carry-on luggage, 84 percent of which were loaded.
Last fiscal year CBP screened 26.3 million containers, 11.3 million commercial trucks, 1 million commercial and private aircraft, 436,000 buses, ferries and trains, 103 million private vehicles, and 382 million travelers at land, marine and air ports of entry to the United States. At the same time, CBP collected nearly $46 billion in duties, taxes, and fees, making it the second largest revenue collector in the U.S. government.
Last fiscal year, HSI made a record high 33,000 criminal arrests, including 3,500 alleged members of transnational criminal gangs, and 2,400 alleged child predators.
Last fiscal year the Coast Guard saved over 3,500 lives, and seized 319,000 pounds of cocaine and 78,000 pounds of marijuana worth a total of $4.3 billion wholesale. In just one mission off the coast of Central and South America, the National Security Cutter STRATTON alone seized over $1 billion in cocaine, along with two drug cartel-owned submersibles.
Last year the Secret Service successfully orchestrated what may have been the largest domestic security operation in the history of this country, by providing physical security to 160 world leaders at the UN General Assembly, and, at the same time, providing security for Pope Francis as he visited New York, Washington, and Philadelphia.
Last year FEMA provided over $6 billion in federal disaster assistance, and was there to help communities recovering from flooding in Texas and South Carolina, tornadoes in Oklahoma, and typhoons in the Western Pacific.
This past Sunday, DHS personnel from the Secret Service, TSA, CBP, HSI, FEMA, I&A, NPPD, the Coast Guard, and other components led the federal effort to provide ground, air, maritime and cyber security for Super Bowl 50.
Then there are the individual acts of good and heroic work by our people, to save lives and go above and beyond the call of duty.
In late December nine Border Patrol agents traveled miles on foot or by horseback to come to the aid of an Arizona rancher who had fallen off her horse in a remote, mountainous area.
Last March two uniformed Secret Service officers helped save the life of a journalist who suffered a heart attack in the East Room of the White House.
Last July Coast Guard Petty Officer Darren Harrity swam nearly a mile, at night, in 57-degree water and 30-mph winds, to save the lives of four stranded fishermen.
Finally, we honor those killed in the line of duty. HSI Agent Scott McGuire was killed last month by a hit and run driver in Miami. I was glad to at least have had the opportunity to visit with Scott’s wife and five-year-old son, and hold Scott’s hand before he was officially declared brain dead. His funeral was 10 days ago in New Orleans.
Our people do extraordinary work every day to protect the homeland. Please consider thanking a TSO, a Coastie, a Customs officer, or a Border agent next time you see one.
Management Reform
Though our people do extraordinary work, I know we must improve the manner in which the Department conducts business. Like last year, reforming the way in which the Department of Homeland Security functions, to more effectively and efficiently deliver our services to the American people, is my New Year’s resolution for 2016. We’ve done a lot in the last two years, but, under the leadership of our Under Secretary for Management Russ Deyo, there is still much we will do.
My overarching goal as Secretary this last year is to continue to protect the homeland, and leave the Department of Homeland Security a better place than I found it.
The centerpiece of our management reform has been the Unity of Effort initiative I announced in April 2014, which focuses on getting away from the stove pipes, in favor of more centralized programming, budgeting, and acquisition processes.
We have transformed our approach to the budget. Today, we focus Department-wide on our mission needs, rather than through component stove pipes. With the support of Congress, we are moving to a simplified budget structure, in which line items mean the same across all components.
We have transformed our approach to acquisition. Last year I established a DHS-wide Joint Requirements Council to evaluate, from the viewpoint of the Department as a whole, our components’ needs on the front end of an acquisition.
We have launched the “Acquisition Innovations in Motion” initiative, to consult with the contractor community about ways to improve the quality and timeliness of our contracting process, and the emerging skills required of our acquisition professionals. We are putting faster contracting processes in place.
We are reforming our HR process. We are making our hiring process faster and more efficient. We are using all the tools we have to recruit, retain and reward personnel.
As part of the Unity of Effort initiative, in 2014 we created the Joint Task Forces dedicated to border security along the southern border. Once again, we are getting away from the stove pipes. In 2015, these Task Forces became fully operational. In 2016, we are asking Congress to officially authorize them in legislation.
We are achieving more transparency in our operations. We have staffed up our Office of Immigration Statistics and gave it the mandate to integrate immigration data across the Department. Last year, and for the second year in a row, we reported our total number of repatriations, returns and removals on a consolidated, Department-wide basis.
The long-awaited entry/exit overstay report was published in January, providing a clearer picture of the number of individuals in this country who overstay their visitor visas. It reflects that about one percent of those who enter this country by air or sea on visitor visas or through the Visa Waiver Program overstay.
We are working with outside, non-partisan experts on a project called BORDERSTAT, to develop a clear and comprehensive set of outcome metrics for measuring border security, apprehension rates, and inflow rates.
Since 2013 we’ve spearheaded something called the “DHS Data Framework” initiative. For the protection of the homeland, we are improving the collection and comparison of travel, immigration and other information against classified intelligence. We will do this consistent with laws and policies that protect privacy and civil liberties.
As we have proposed to Congress, I want to restructure the National Protection and Programs Directorate from a headquarters element to an operational component called the “Cyber and Infrastructure Protection” Agency.
I am very pleased with the 2016 DHS budget adopted by Congress and signed by the President as part of the omnibus spending deal reached in December. I’m very pleased with that. It funds all of our homeland security priorities, including, finally, the completion of the main building of the new DHS headquarters at St. Elizabeths campus in SE Washington. I will never get to work there, but perhaps they will name a courtyard or conference room after me.
The President’s budget request for 2017, released two days ago, funds our key priorities, to include aviation security, the Secret Service, recapitalization of the Coast Guard, and provides a huge increase in funding for cybersecurity.
Finally, we will improve the levels of employee satisfaction across the Department. We’ve been on an aggressive campaign to improve morale over the last two years. It takes time to turn a 22-component workforce of 240,000 people in a different direction. Though the overall results last year were still disappointing, we see signs of improvement. Employee satisfaction improved in a number of components, including at DHS headquarters.
This year we will see an improvement in employee satisfaction across DHS.
Counterterrorism
In 2016, counterterrorism will remain the cornerstone of the Department of Homeland Security’s mission. The events of 2015 reinforce this.
As I have said many times, we are in a new phase in the global terrorist threat, requiring a whole new type of response. We have moved from a world of terrorist directed attacks to a world that includes the threat of terrorist inspired attacks – in which the terrorist may have never come face to face with a single member of a terrorist organization, lives among us in the homeland, and self-radicalizes, inspired by something on the internet.
By their nature, terrorist-inspired attacks are harder to detect by our intelligence and law enforcement communities, could occur with little or no notice, and in general makes for a more complex homeland security challenge.
So, what are we doing about this?
First, our government, along with our coalition partners, continues to take the fight militarily to terrorist organizations overseas. ISIL is the terrorist organization most prominent on the world stage. Since September 2014, air strikes and special operations have in fact led to the death of a number of ISIL’s leaders and those focused on plotting external attacks in the West. At the same time, ISIL has lost about 40 percent of the populated areas it once controlled in Iraq, and thousands of square miles of territory it once controlled in Syria.
On the law enforcement side, the FBI continues to do an excellent job of detecting, investigating, preventing, and prosecuting terrorist plots here in the homeland.
As for the Department of Homeland Security, following the attacks in Ottawa, Canada in 2014, and in reaction to terrorist groups’ public calls for attacks on government installations in the western world, I directed our Federal Protective Service to enhance its presence and security at various U.S. government buildings around the country.
Given the prospect of the terrorist-inspired attack in the homeland, we have intensified our work with state and local law enforcement. Almost every day, DHS and the FBI share intelligence and information with Joint Terrorism Task Forces, fusion centers, local police chiefs and sheriffs.
In FY 2015 we provided over $2 billion in homeland security assistance to state and local governments around the country, for things such as active shooter training exercises, overtime for cops and firefighters, salaries for emergency managers, emergency vehicles, and communications and surveillance equipment. We helped to fund an active shooter training exercise that took place in the New York City subways last November and a series of these exercises just last weekend in Miami, Florida.
As I said at a graduation ceremony for 1,200 new cops in New York City in December, given the current threat environment, it is the cop on the beat who may be the first to detect the next terrorist attack in the United States.
We are enhancing information sharing with organizations that represent businesses, college and professional sports, faith-based organizations, and critical infrastructure.
We are enhancing measures to detect and prevent travel to this country by foreign terrorist fighters.
We are strengthening our Visa Waiver Program, which permits travelers from 38 different countries to come here without a visa. In 2014, we began to collect more personal information in the Electronic System for Travel Authorization, also known as the “ESTA” system, that travelers from Visa Waiver countries are required to use. As a result of these enhancements, over 3,000 additional travelers were denied travel here in FY 2015.
In August 2015, we introduced further security enhancements to the Visa Waiver Program.
Through the passage in December of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, Congress has codified into law several of these security enhancements, and placed new restrictions on eligibility for travel to the U.S. without a visa. We began to enforce these new restrictions on January 21. Waivers from these restrictions will only be granted on a case-by-case basis, when it is in the law enforcement or national security interests of the United States to do so. Those denied entry under the Visa Waiver Program as a result of this new law may still apply for a visa to travel to the U.S.
We are expanding the Department’s use of social media for various purposes. Today social media is used for over 33 different operational and investigative purposes within DHS. Beginning in 2014 we launched four pilot programs that involved consulting the social media of applicants for certain immigration benefits. USCIS now also reviews the social media of Syrian refugee applicants referred for enhanced vetting. Based upon the recent recommendation of a Social Media Task Force within DHS, I have determined that we must expand the use of social media even further, consistent with law.
CBP is deploying our Customs personnel at various airports abroad, to pre-clear air travelers before they get on flights to the United States. At present, we have this pre-clearance capability at 15 airports overseas. And, last year, through pre-clearance, we denied boarding to over 10,700 travelers (or 29 per day) seeking to enter the United States. As I said here last year, we want to build more of these. In May 2015, I announced 10 additional airports in nine countries that we’ve prioritized for preclearance.
For years Congress and others have urged us to develop a system of biometric exit – that is, to take the fingerprints or other biometric data of those who leave the country. CBP has begun testing technologies that can be deployed for this nationwide. With the passage of the omnibus bill, Congress authorized $1 billion in fee increases over a period of ten years to pay for the implementation of biometric exit. I have directed CBP begin implementing the system, starting at airports, in 2018.
Last month I announced the schedule for the final two phases of implementation of the REAL ID law, which goes into effect two and then four years from now. At present 23 states are compliant with this law, 27 have extensions, and 6 states or territories are out of compliance. Now that the final timetable for implementation of this law is in place, we will urge all states, for the good of their residents, to start issuing REAL ID-complaint drivers’ licenses as soon as possible.
In the current threat environment, there is a role for the public too. “If You See Something, Say Something™” must be more than a slogan. We continue to stress this. DHS has now established partnerships with the NFL, Major League Baseball and NASCAR, to raise public awareness at sporting events. An informed and vigilant public contributes to national security.
In December we reformed “NTAS,” the National Terrorism Advisory System. In 2011, we replaced the color-coded alerts with NTAS. But, the problem with NTAS was we never used it. It consisted of just two types of Alerts: “Elevated” and “Imminent,” and depended on the presence of a known specific and credible threat. This does not work in the current environment, which includes the threat of homegrown, self-radicalized, terrorist-inspired attacks.
So, in December we added a new form of advisory – the NTAS “Bulletin” – to the existing Alerts. The Bulletin we issued in December advises the public of the current threat environment, and how the public can help.
Finally, given the nature of the evolving terrorist threat, building bridges to diverse communities has become a homeland security imperative. Well informed families and communities are the best defense against terrorist ideologies. Al Qaeda and the Islamic State are targeting Muslim communities in this country. We must respond. In my view, this is as important as any of our other homeland security missions.
In 2015 we took these efforts to new levels. We created the DHS Office for Community Partnerships, headed by George Selim. George and this office are now the central hub of the Department’s efforts to counter violent extremism in this country, and the lead for a new interagency CVE Task Force that includes DHS, DOJ, the FBI, NCTC and other agencies.
Aviation Security
We are taking aggressive steps to improve aviation and airport security. The traveling public should be aware that, because of this and increased traveler volume, overall wait times have increased somewhat at airports, but we believe this is necessary for the public’s own safety.
Since 2014 we have enhanced security at overseas last-point-of-departure airports, and a number of foreign governments have replicated these enhancements.
As many of you know, in May of last year a certain classified DHS Inspector General’s test of TSA screening at eight airports, reflected a dismal fail rate and was leaked to the press. I directed a 10-point plan to fix the problems identified by the IG. Under the new leadership of Admiral Pete Neffenger over the last six months, TSA has aggressively implemented this plan. This has included “back to basics” retraining of the entire TSO force, increased use of random explosive trace detectors, testing and re-evaluating the screening equipment that was the subject of the IG’s test, a rewrite of the standard operating procedures manual, increased manual screening, and less managed inclusion. These measures were implemented on or ahead of schedule.
We are also focused on airport security. In April of last year TSA issued guidelines to domestic airports to reduce access to secure areas, to require that all airport and airline personnel pass through TSA screening if they board a flight, to conduct more frequent screening of airport and airline personnel, and to conduct continuous criminal background checks of airport and airline personnel. Since then employee access points have been reduced, and random screening of personnel within secure areas has increased four-fold. We are continuing these efforts in 2016. Two days ago TSA issued guidelines to further enhance the screening of aviation workers in the secure area of airports.
Cybersecurity
While counterterrorism remains a cornerstone of our Department’s mission, I have concluded that cybersecurity must be another. Making tangible improvements to our Nation’s cybersecurity is a top priority for me and President Obama before we leave office.
Two days ago the President announced his “Cybersecurity National Action Plan,” which is the culmination of seven years of effort by his Administration. The Plan includes a call for the creation of a Commission on Enhancing National Cybersecurity, additional investments in technology, federal cybersecurity, cyber education, new cyber talent in the federal workforce, and improved cyber incident response.
DHS has a role in almost every aspect of this plan.
As reflected in the President’s 2017 budget request, we want to expand our cyber response teams from 10 to 48.
We are doubling the number of cybersecurity advisors to in effect make “house calls,” to assist private sector organizations with in-person, customized cybersecurity assessments and best practices.
Building on DHS’s Stop.Think.Connect campaign, we will help promote public awareness on multi-factor authentication.
We will collaborate with Underwriters Laboratory and others to develop a Cybersecurity Assurance Program to test and certify networked devices within the “Internet of Things” — such as your home alarm system, your refrigerator, or even your pacemaker.
Last year we greatly expanded the capability of DHS’s National Cybersecurity Communications Integration Center, or “NCCIC.” The NCCIC increased its distribution of information, the number of vulnerability assessments conducted, and the number of incident responses.
At the NCCIC, last year we built a system to automate the receipt and distribution of cyber threat indicators in near real-time speed. We built this in a way that also includes privacy protections. We did this ahead of schedule.
I have issued an aggressive timetable for improving federal civilian cybersecurity, principally through two DHS programs:
The first is called EINSTEIN. EINSTEIN 1 and 2 have the ability to detect and monitor cybersecurity threats in our federal civilian systems, and are now in place across all federal civilian departments and agencies.
EINSTEIN 3A is the newest iteration of the system, and has the ability to actually block potential cyber attacks on our federal systems. Thus far E3A has actually blocked 700,000 cyber threats, and we are rapidly expanding this capability. About a year ago, E3A covered only about 20 percent of our federal civilian networks. In the wake of the OPM attack, in May of last year I directed our cybersecurity team to make at least some aspects of E3A available to all federal departments and agencies by the end of last year. They met that deadline. Now that the system is available to everyone, 50 percent are actually on line, including OPM, and we are working to get all federal departments and agencies on board by the end of this year.
The second program, called Continuous Diagnostics and Mitigation, helps agencies detect and prioritize vulnerabilities in their networks. In 2015, we provided CDM sensors to 97 percent of the federal civilian government. Next year, DHS will provide the second phase of CDM to 100 percent of the federal civilian government.
We have worked with OMB and DNI to identify the government’s high value systems, and we are working aggressively with the owners of these systems to increase their security.
In September, DHS awarded a grant to the University of Texas San Antonio to work with industry to identify a common set of best practices for the development of Information Sharing and Analysis Organizations, or “ISAOs.”
Finally, I thank Congress for passing the Cybersecurity Act of 2015. This new law is a huge assist to DHS and our cybersecurity mission. We are in the process of implementing this new law now.
Immigration/Border Security
Turning to immigration and border security:
As I explain it to both Democrats and Republicans, immigration policy must be two sides of the same coin. The resources we have to enforce immigration laws are finite, and they must be used wisely. This is true of every aspect of law enforcement. It’s referred to as “prosecutorial discretion.”
With the immigration enforcement resources we have, ICE is focused more sharply on public safety and border security. Those who are convicted of serious crimes or who are apprehended at the border are top priorities for removal. And we will enforce the law in accordance with these priorities.
Accordingly, over the last several years deportations by ICE have gone down, but an increasing percentage of those deported are convicted criminals. And, an increased percentage of those in immigration detention, around 85 percent, are in the top priority for removal. We will continue to focus our resources on the most significant threats to public safety and border security.
In furtherance of our public safety efforts, in 2014 we did away with the controversial Secure Communities program and replaced it with the new Priority Enforcement Program, or “PEP.” PEP fixes the political and legal controversies, in my judgment, associated with Secure Communities and enables us to take directly into custody from local law enforcement the most dangerous, removable criminals. Since PEP was created, cities and counties that previously refused to work with Secure Communities are coming back to the table. Of the 25 largest counties that refused to work with ICE before, 16 are now participating in PEP. In 2016, we want to get more to participate.
And, because we are asking ICE immigration enforcement officers to focus on convicted criminals and do a job that’s more in line with law enforcement, last year we reformed their pay scale accordingly. Now these immigration officers are paid on the same scale as the rest of federal law enforcement.
We have also prioritized the removal of those apprehended at the border. We cannot allow our borders to be open to illegal migration.
Over the last 15 years, our Nation – across multiple administrations — has invested a lot in border security, and this investment has yielded positive results. Apprehensions – which are an indicator of total attempts to cross the border illegally – are a fraction of what they used to be.
In FY 2014, overall apprehensions increased, as we saw a spike in the number of families and unaccompanied children from Central America during the spring and summer of 2014. That year the overall number of apprehensions was 479,000. Across the government, we responded aggressively to this surge and the numbers fell sharply within a short period of time.
In FY 2015, the number of those apprehended on the southwest border was 331,000 – with the exception of one year, this was the lowest number since 1972.
From July to December 2015 the numbers of migrants from Central America began to climb again.
In January I announced a series of focused enforcement actions to take into custody and remove those who had been apprehended at the border in 2014 or later and then ordered removed by an immigration court. I know this made a lot of people I respect very unhappy. But, as I said, we must respect the law in accordance with our priorities and enforce it.
In January overall apprehensions on the southwest border dropped 36 percent from the month before. At the same time, the number of unaccompanied children apprehended dropped 54 percent, and the number of those in families dropped 65 percent. So far in February, the numbers have remained at this decreased level. This six-week decline is encouraging, but it does not mean we can dial back our efforts. We will continue to enforce the law consistent with our priorities for enforcement, which includes those apprehended at the border in 2014 or later.
Then there is the other side of the coin. The new enforcement policy the President and I announced in November 2014 makes clear that our limited resources will not be focused on the removal of those who have committed no serious crimes, have been in this country for years, and have families here. Under our new policy, these people are not priorities for removal, nor should they be.
In fact, the President and I want to offer, to those who have lived here for at least five years, are parents of U.S. citizens or lawful permanents residents, and who have committed no serious crimes, the opportunity to request deferred action on a case-by-case basis, to come out of the shadows, get on the books, and be held accountable. We are pleased that the Supreme Court has agreed to hear the case of Texas v. United States, which involves the new deferred action policies we announced in November 2014.
Our immigration enforcement priorities, the ending of Secure Communities, and the new deferred action policy now in the courts are among 10 executive actions the President and I announced in November 2014 to fix our broken immigration system.
We also issued a proposed rule to expand eligibility for “provisional” extreme hardship waivers of the 3- and 10-year bars to all persons who statutorily qualify for a waiver. The comment period is closed, and we are now preparing to issue the final rule on provisional waivers.
We published new guidance for public comment on the “extreme hardship” requirement. The comment period is closed and we plan to issue final guidance on extreme hardship very soon.
We are about to publish a final rule to strengthen the program that provides Optional Practical Training for students in STEM fields studying at U.S. universities.
We finalized a new rule that allows spouses of high-skilled H-1B workers who are here in the United States under H-4 visas to apply for work authorization.
We are working with the Department of Labor and other agencies to ensure, for the protection of workers, the consistent enforcement of federal labor, employment and immigration laws.
We are promoting and increasing access to citizenship through the new White House Task Force on New Americans. The week of September 14-21 we celebrated the “Stand Stronger Commit to Citizenship Campaign.” In that one week, USCIS naturalized 40,000 people.
We now permit credit cards as a payment option for naturalization fees.
Our overall policy is to focus our immigration resources more effectively on threats to public safety and border security, and, within our existing legal authority, do as much as we can to fix the broken immigration system. We’re disappointed that Congress has not been our partner in this effort, by passing comprehensive immigration reform legislation.
Finally, we recognize that more border security and deportations may deter illegal migration, but they do nothing to overcome the “push factors” that prompt desperate people to flee Central America in the first place. We are preparing to offer vulnerable individuals fleeing the violence in Central America a safe and legal alternate path to a better life. We are expanding our Refugee Admissions Program to help vulnerable men, women and children in Central America who qualify as refugees. We are partnering with the UN High Commissioner for Refugees and non-governmental organizations in the region to do this as soon as possible. This approach builds on our recently established Central American Minors program, which is now providing an in-country refugee processing option for certain children with lawfully present parents in the United States.
Refugees
We are doing our part to address the Syrian refugee crisis. USCIS, in conjunction with the Department of State, is working hard to meet our commitment to admit at least 10,000 Syrian refugees by the end of this fiscal year. We will do this carefully, screening refugees in a multi-layered and intense screening process involving multiple law enforcement, national security, and intelligence agencies across the Federal Government.
U.S. Secret Service
Over the last year, Director Joe Clancy of the Secret Service has done a tremendous job reforming his agency, including hiring a chief operating officer from outside the Secret Service, altering the structure and management of the agency, ramping up efforts to hire new members of its workforce, and expanding training opportunities. In 2016 we will continue to work on areas that still need improvement.
The U.S. Coast Guard
With the help of Congress, in 2016 we will continue to rebuild the Coast Guard fleet. This year Congress provided funding for a ninth National Security Cutter, design funding for the Offshore Patrol Cutter, and funding to continue production of our Fast Response Cutter. As reflected in the President’s 2017 Budget Request, we will also seek $150 million for the design of a new heavy icebreaker, in recognition of the expanding commercial activity in the Arctic.
FLETC
Since 2012, our Federal Law Enforcement Training Centers (FLETC) has trained more than a quarter million federal, state and local officers and agents. At the same time, FLETC continually updates its curriculum to address the biggest challenges facing law enforcement, to include training for active shooter situations, in cyber forensics, and in human trafficking.
FEMA
In 2016 FEMA will continue to do its extraordinary job of supporting the American people and communities to prepare for, respond to, and recover from various disasters. FEMA will continue to focus on efforts to enhance resilience and mitigation measures before disaster strikes, to prevent loss and save lives.
Lawful Trade and Travel
We continue to promote lawful trade and travel. We will continue to pursue the President’s U.S.-Mexico High Level Economic Dialogue and his Beyond the Border Initiative with Canada. We are implementing the “Single Window,” which, by December 2016, will enable the private sector to use just one portal to transmit information to 47 government agencies about exports and imports, thereby eliminating over 200 different forms and streamlining the trade process.
Last week the Secretary of Commerce and I joined the President of Mexico to open a new six-lane bridge near El Paso that will replace a 78-year-old two-lane one. Next week I will join the Mexican Secretary of Finance to inaugurate a pre-inspection pilot in Laredo, Texas.
Conclusion
In conclusion, according to Time Magazine, I have “probably the hardest job in America.” That’s not true. The President has the hardest job in America. But I may rank in the top ten. I have a lot of challenges, a lot of problems and a lot of headaches. There is also far too much partisanship in Washington, and, especially during an election year, politics has become a blood-sport in this town. Too often it is more important to score political points than achieve smart, sound government policy on behalf of the American people.
Through it all, I still love public service, and I am dedicated to serving the American people, protecting our homeland, and serving our President.
I find inspiration in the amazing stories of our workforce that I told you about at the beginning of this speech. I also find inspiration and strength in the weekly batch of letters I receive from the American people we serve, particularly from the school kids. Here’s one from a young man named Brett Shepard, handwritten in pencil:
“To Jeh Johnson…I just wanted to say I think you’re doing a good job… I ran for class president in my government class. I ended up becoming the Secretary of Homeland Security which honestly I would rather be … [president is] not all it’s cracked up to be.”
Like Brett, at this moment in the life of our Nation, there’s nothing I’d rather be than Secretary of Homeland Security. It is and always will be the highlight of my professional life. In the time left to me in office, I pledge all my energy to continue to protect the homeland and leave the Department of Homeland Security a better place than I found it.
Thank you very much.
Strategic Implications of the Transpacific Partnership
Document: Report to Congress on Strategic Implications of the Trans-Pacific Partnership
Summary
WTH is Wrong with the Law and Police in Britain?
Free speech in Britain is over with and coupled with phone call harassment is a double whamy. We have all the exact symptoms of this in America as well. What say you?
VIDEO: Watch Paul Golding and Jayda Fransen be arrested by Luton Police!
Due in part to the death of Supreme Court Justice Antoine Scalia, I am reminded of the Magna Carta. However, there is a document, the English Bill of Rights.
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:
Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;
By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;
By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;
By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;
By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;
By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
By violating the freedom of election of members to serve in Parliament;
By prosecutions in the Court of King’s Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;
And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;
And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;
And excessive fines have been imposed;
And illegal and cruel punishments inflicted;
And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;
All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;
And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;
And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare
That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;
That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
That election of members of Parliament ought to be free;
That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;
That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;
And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.
And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated.
I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.
I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God. Much more detail here.
The Constitutional Jurist, Scalia has Been Called Home
A man who understood every word of the U.S. Constitution and applied them in their original context. The law does not follow the mood or attitude of the country, rather the country must follow the mood and the attitude of the Constitution.
Two Texas news sources, confirmed by CBS and Fox News, report the sad news that Supreme Court Associate Justice Antonin Scalia is dead:
Scalia, 79, was a guest at the Cibolo Creek Ranch, a resort in the Big Bend region south of Marfa.
According to a report, Scalia arrived at the ranch on Friday and attended a private party with about 40 people. When he did not appear for breakfast, a person associated with the ranch went to his room and found a body.
Chief U.S. District Judge Orlando Garcia, of the Western Judicial District of Texas, was notified about the death from the U.S. Marshals Service.
U.S. District Judge Fred Biery said he was among those notified about Scalia’s death…
Texas Gov. Greg Abbott released a statement Saturday afternoon, calling Scalia a man of God, a patriot and an “unwavering defender of the written Constitution.”
“He was the solid rock who turned away so many attempts to depart from and distort the Constitution,” Abbott said. “We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law. Cecilia and I extend our deepest condolences to his family, and we will keep them in our thoughts and prayers.”
Scalia was nominated to the U.S. Supreme Court in 1986 by President Ronald Reagan.
Here is an interview our own Peter Robinson did with Justice Scalia about three years ago:
NationalLawJournal: U.S Supreme Court Justice Antonin Scalia, the intellectual leader of the court’s conservative wing, is dead at age 79. According to official reports from Texas, he died overnight at a ranch in west Texas where he had gone quail hunting.
His sudden death came as he was about to mark his thirtieth year on the court; he is the longest-serving current member. Appointed by President Ronald Reagan, Scalia is the father of nine and a former law professor.
Scalia’s death sets up a major battle over his successor. Because of Scalia’s pivotal role on the court’s right wing, Republicans could block almost any nominee put forward by President Barack Obama. Scalia once said he would never retired during the tenure of any president whose nominee would try to dismantle his jurisprudence.
Chief Justice John G. Roberts Jr. issued a statement Saturday afternoon: “On behalf of the Court and retired Justices, I am saddened to report that our colleague Justice Antonin Scalia has passed away. He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family.
Scalia was perhaps the court’s most bombastic and colorfulmember, with caustic dissents in some of the court’s most landmark decisions.
In the 2013 United States v. Windsor case, he dismissed the majority’s rationale for striking down the Defense of Marriage Act as “legal argle-bargle.” But his dissent proved prescient, forecasting the series of rulings that struck down state bans on same-sex marriage. “It is just a matter of listening and waiting for the other shoe,” Scalia wrote in his dissent.
Asked frequently about Bush v. Gore, the 2000 ruling that resolved the 2000 presidential election, Scalia would just say, “Get over it.”