• Veteran’s Day: State Department Sleaze Flows Unabated and Unpunished

    November 11, 2013 // 0 Comments

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    Posted in: Embassy/State

    We pause to honor America’s veterans today, and recognize their sacrifices. At the same time, we wish to let those still on active duty, living in the mud, eating MREs away from their families and of course putting their lives at risk, what some have called “America’s Other Army,” the Department of State, has been up to home and abroad.

    That said, we’ve tried to keep up with the near-continuous flow of sleaze at the State Department, but it a tough job. Luckily, the New York Post has also been keeping track, and presents us with some updates.

    (This blog’s catalog of sleaze is here if you need to refresh your memory)

    From the Post:

    — Chuck Lisenbee, a former Beirut security officer who was being probed for allegedly sexually assaulting local guards, is now a special agent in Washington for the Office of Diplomatic Vehicles, Enforcement and Outreach, according to a State Department phone directory. Agents were only given three days to investigate the allegations against him, according to a memo seen by the Post.

    An alert blog reader has submitted in the comments below: “More details on Lisenbee: he first got into trouble when he tried to make out with a fellow (male) ARSO in Baghdad. His depredations against local guards in Liberia were then discovered. Lisenbee started every lunch with prayer because “Jesus Christ, my lord and savior, is the most important thing in my life” (exact quote heard by this source on at least 50 occasions). ”

    — Brett McGurk — a former senior adviser to the ambassador to Iraq — was appointed the deputy assistant secretary for Iraq and Iran in August, according to the State Department Web site. He was President Obama’s nominee for ambassador to Iraq but withdrew after his extramarital affair with a Wall Street Journal reporter was exposed. Apparently, investigators never interviewed McGurk because Clinton’s chief of staff, Cheryl Mills, intervened. (this blog has A LOT more on McGurk’s dalliances; and you’ll see a lot more of Under Furher Cheryl Mills in the Hillary Clinton administration)

    — Former Ambassador to Belgium Howard Gutman was allowed to retire in July. A State Department investigator believed Gutman solicited “sexual favors from both prostitutes and minor children,” according to the Post. The IG’s Office is reviewing the charges and the Department’s procedures and plans to release a followup report. Howard Gutman and members of Clinton’s security detail were also accused of hired prostitutes.

    — An alert blog reader has submitted in the comments below: “Remember old Linda Howard, profiled on this blog for holding her Ethiopian housekeeper as a slave. She lost a big lawsuit over that. The U.S. Attorney was unable to prosecute her and her husband, Russell, because Linda’s sex parties in Yemen were really popular and the “semi-pro” Ethiopian girls in attendance made a lot of money at them. As a result, they didn’t make terribly good witnesses. The Howard’s are currently hiding out in an undisclosed SouthEast Asian country (Russell used to be a diplomatic courier in the Australian Foreign Service).”


    Meanwhile, a quick update also on America’s Favorite Diplomatic Security agent, Chris Deedy. Deedy shot and killed an unarmed man in Hawaii while there on official State Department business (albeit off duty when he pulled the trigger multiple times), guarding Hillary Clinton during APEC meetings. The judge declared a mistrial, released the jury and stated she was thinking about scheduling a retrial for May or June 2014. The killing took place in 2011. At last report, the victim remains dead. Much more here about this story; Deedy remains a full-time paid employee of the State Department.

    The Honolulu Star Advertiser and HawaiiNewsNOW have filed a complaint in state Supreme Court to force the judge to release transcripts of the parts of the Deedy trial where she kicked everyone out of the courtroom, saying the judge violated the U.S. Constitution by holding closed-door court proceedings.

    Deedy’s support group is also busy, asking readers to donate their frequent flyer miles and hotel points so Deedy can fly and stay in Hawaii for free. Jump on over to their site if you want to pony up.

    Also, Benghazi.



    And don’t miss more State sleaze later this week, with a blog post we’ll call “Sex, Lies and Rotten Meat at the American Consulate in Naples.”



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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • State Department Sleaze Accumulates without Real Response

    June 16, 2013 // 0 Comments

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    Posted in: Embassy/State


    Breaking Bad! Two new sleazy State Department actions– a sweetheart consulting deal for one of Hillary’s best buds and accusations of an affair and hookers for a senior State official. See below!

    Attempted suicide after a harsh interrogation? Hiring armed guys with criminal backgrounds? Senior officials having sex with subordinates, prostitutes and minors? Investigations into all of the above covered up or halted? That’s the news, not from Gitmo or some banana republic, but from your U.S. Department of State. Better get out the hand sanitizer, this blog post gets filthy fast.

    A Sad Pattern of Sleaze from America’s Diplomats

    Ever since the story broke on CBS News that the State Department covered up numerous allegations of wrong-doing to protect its public image, the details of said wrong-doing have been leaking out.

    The reasons to care about this are many, and all the Hillary-love and attempts to just call it (just) a Republican witch hunt are a smokescreen. The obvious reason to care is that these people represent America abroad, and we need to ask what image they are projecting. In addition, such crimes and personal traits as alleged below make them vulnerable to blackmail, either by other members of the USG (promote me, give me a better assignment, or else…) or foreign intelligence (turn over the secrets or the photos go to the press). The fact that the organization apparently cannot police itself internally raises questions about competence (and the former SecState saying she was wholly ignorant of all this sludge is not a defense that actually makes her look presidential), and about what if anything it is accomplishing on America’s behalf.

    Here’s a roundup to date:

    — As a special shout-out to We Meant Well regulars, USA Today claims it has a memo detailing how Hillary Clinton’s chief of staff, Cheryl Mills, allegedly interceded in an investigation by Diplomatic Security into an affair between failed-Iraq ambassador-designate Brett McGurk and Wall Street Journal reporter Gina Chon.

    — Cheryl Mills again: Mills, a longtime confidante of Hillary, reportedly played a key role in the State Department’s damage-control efforts on the Benghazi attack last year and was also named in accusations that department higher-ups quashed investigations into diplomats’ potential criminal activity. Cheryl Mills, who served in a dual capacity in recent years as general counsel and chief of staff to Clinton, was accused of attempting to stifle congressional access to a diplomat who held a senior post in Libya at the time of the attack.

    — U.S. ambassador to Belgium Howard Gutman accused of soliciting “sexual favors from both prostitutes and minor children.” The ambassador “routinely ditched his protective security detail in order to solicit sexual favors from both prostitutes and minor children,” according to documents obtained by NBC News. State Department Undersecretary for Management Patrick Kennedy ordered an end to the investigation. “The ambassador’s protective detail and the embassy’s surveillance detection team [Note: A State Department team that conducts counterespionage surveillance, watching State Department officials to see if they are being watched by foreign spies] . . . were well aware of the behavior.”

    The ambassador explained that sometimes he fights with his wife, needs air and he goes for a walk in the park because he likes it. The Atlantic reported that the park Gutman trolled, Parc Royal Warandepark, was well-known as a place to pick up adult homosexual and adolescent boy prostitutes.

    A Belgian newspaper described the park: “I see young children go to adult waiting. Later, another adult waits, often to extort money from the victim after. I’ve been awakened by cries and my terrace, I saw someone being beaten. I had my legs were shaking. Time to call the police, I saw the victim painfully get up and go.”

    — A State Department security official in Beirut “engaged in sexual assaults” with foreign nationals hired as embassy guards. State’s former regional security officer in Beirut, Chuck Lisenbee, allegedly sexually assaulted guards and was accused of similar assaults in Baghdad, Khartoum and Monrovia. Justine Sincavage, then-director of Diplomatic Security Service, called the allegations a “witch hunt” and gave agents “only three days” to investigate, and no charges were brought, according to USA Today.

    — Members of former Secretary of State Hillary Clinton’s security detail “engaged prostitutes while on official trips in foreign countries,” a problem the report says was “endemic.” Three members of Clinton’s security detail admitted to hiring prostitutes while on foreign trips and were given suspensions of one day. An investigator for Diplomatic Security launched an investigation into similar allegations against four other members of Clinton’s security detail but was ordered by Kimber Davidson, chief of the special investigations division, and Rob Kelty, his deputy, to shut down the investigation.

    — The State Department has hired an “alarming number of law-enforcement agents with criminal or checkered backgrounds” because of a flawed hiring process, a stunning memo obtained by The New York Post reveals. “Too many people entering the [Diplomatic Security and Information Management] communities end up as subjects of [Special Investigation Division] investigations and HR adjudications, become Giglio-impaired and can play only limited roles thereafter,” according to the memo. “Giglio” refers to a US Supreme Court case dealing with jury notification that witnesses have made deals with the government to induce testimony. Some Diplomatic Security field offices “have major problems just waiting to be discovered,” the memo adds.

    — In one case, aggressive interrogation techniques by Diplomatic Service agents “drove an employee to attempt suicide” when accused of raping his maid in Bangkok, Thailand, a memo suggests. “After “being told he would end up in a Thai prison, his wife would lose her job and his children would be pulled out of school, [the man] attempted suicide by jumping out of the 16th-story window at a hotel in Bangkok.” The guy lived, and was flown back to Washington for in-patient psychiatric care, where the agents continued to harass him. The rape charges were ultimately dropped.

    — The same Diplomatic Security memo cites eight cases involving Diplomatic Security agents who resorted to “false, misleading or incomplete statements in reports,” “privacy-act violations” or “lack of objectivity” in investigations.

    — Diplomatic security agents learned that James Combs, a senior diplomatic security agent in Baghdad and formerly of the DS Office of Professional Standards, was having an extramarital affair with a subordinate and had numerous affairs with men over a 30-year span without the knowledge of his wife. This presented “counterintelligence concerns,” but the investigation never reached a conclusion.

    — A security contractor in Baghdad died of an overdose of methadone, which he was taking to counteract an addiction to the painkiller oxycodone. An underground drug ring may have been supplying the drugs, but State’s regional security officer did not allow a special investigations agent to pursue that possibility.

    — In Miami, agents investigating a car accident by diplomatic security agent Evelyn Kittinger learned that she had been claiming full pay for several years “but had actually only worked very few hours.” State Department supervisors told the investigator to advise her to resign to avoid facing criminal charges and a major fine.

    — Another report states that a top State Department official stymied investigators trying to get to the bottom of four killings in Honduras involving DEA agents and local police. The incident ended in the deaths of two pregnant women and two men last year, after Honduran national police opened fire from a State Department-owned helicopter on a small boat. Honduran police said drugs were involved, but locals said the boat was full of fishermen.

    –ADDED: Sen. Charles Grassley is probing longtime Hillary Clinton aide Huma Abedin’s employment status, asking how she got a sweetheart deal to be a private six-figure consultant while still serving as a top State Department official. Abedin, one of Clinton’s most loyal aides, is of course married to former Rep. Anthony Weiner, who’s in the midst of a vigorous effort to beat off his own sexting scandal and become mayor of New York. Abedin hauled in as much as $350,000 in outside income on top of her $135,000 government salary. She was redesignated a “special government employee” who was able to haul in cash as a private contractor while still on the government dole.

    –ADDED: Consulate General Naples’ Kerry Howard says she was bullied, harassed and forced to resign after she exposed Consul General Donald Moore’s alleged office trysts with subordinates and hookers. “When our diplomats disrespect the Italians by hiring and firing them because they have seen too much — or use them for ‘sex-ercise’ — we have to question why we have diplomats abroad at taxpayer expense,” said Howard. As a senior foreign-service officer, Moore makes as much as $179,700 a year. His first office romance supposedly occurred within days of his arrival in Italy, when he allegedly bedded a consulate employee, a single mom who fell in love with him. Moore was honored as “Consular Officer of the Year” (Barbara Watson Award) in 2005.

    — A Foreign Service Officer, Michael Todd Sestak, 41, has been arrested and charged with conspiracy to defraud the United States and conspiracy to commit bribery and visa fraud. Dude was a senior visa official in Ho Chi Minh City, Vietnam and supposedly pocketed some $2 million dollars for his work.

    It appears that Foggy Bottom has sprung multiple leaks as hard-working folks grow tired of their bosses being allowed to do just about anything without punishment. What is going on? I don’t recall this much garbage coming into the daylight ever before. I assume it was happening all the same forever, but not this much in the public eye. I think it is time for Kerry to say something about at least trying to control his organization.

    And of course someone should throw Under Secretary for Management Pat Kennedy out. He *may* be getting the message that in this internet age if you don’t give people a realistic internal avenue to fix things they’ll just go outside. That’s kinda what I did… So there is no doubt much more to come…


    State Department Responds

    The State Department spokesman said, “We hold all employees to the highest standards.” Spokeswoman Jennifer Psaki told reporters repeatedly this week that the accusations are “unsubstantiated.”

    So that’s that apparently. No reporter has seen it useful to ask why for more than four and a half years, the State Department has had no appointed inspector general, the longest such vacancy of any federal agency. Or why, during his entire time in office, Obama has not nominated anyone to fill the slot. Or why during her four years as Secretary of State Hillary Clinton did not demand an inspector general for her organization.

    Hillary Responds

    A spokesman said Clinton was completely unaware of any of the investigations mentioned in the Office of the Inspector General’s reports and memos, including the case involving her personal security detail allegedly soliciting prostitutes. “We learned of it from the media and don’t know anything beyond what’s been reported.”

    It means nothing that a candidate who will no doubt cite her endless efforts on behalf of women everywhere remained unaware of sex crimes occurring, well, under her.

    Opposition researchers and taxpayers alike, once again, Hillary Clinton’s defense is that she was totally unaware of what was going on in the organization she lead and managed, up to and including the actions of her own lifelong advisor and chief of staff, as well senior officials who reported directly to her. She’ll make a great president!

    Oh wait– these are just “allegations.” They need to be investigated. Well, the problem of course is that one of the allegations is that powerful trolls inside State prevented or derailed any investigations, and indeed the over-arching allegation is that Diplomatic Security, charged with investigations, is riddled with political considerations that prevent full and transparent investigations. So that’s a pretty weak excuse to blow off everything said.

    That said, maybe some are false. OK, but if even a small number of these serious accusations are true (rape, murder, minors) then even that suggests an organization operating without internal controls and the best defense its leader can come up with is her own ignorance. Not a good thing.




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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • The Revenge of Stormy Daniels?

    March 30, 2023 // 0 Comments

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    Posted in: Democracy, Trump

    Convicting Donald Trump for some sort of crime connected to his alleged affair with porn star Stormy Daniels means taking the word of that porn star and a guy like Michael Cohen, serial liar and convicted felon, over the word of someone many people think has the disposable morality of a porn star and the trustworthiness of a serial liar, Trump himself. That’s likely going to be up to a Manhattan jury if the long-rumored indictment comes through. Next for any of this to matter Trump would have to be reconvicted in the court of public opinion, something that has largely already passed as the rough details of Trump and Stormy’s relationship (financial and otherwise, though Trump denies having an affair with Daniels) have long been chewed over by everyone from law reviews to late night comics. About the only people who really think the walls are closing in, again, are in the cheap seats of blue check Twitter.

    Goodness help us, here’s the rest of the raw material of this criminal caper. Trump may soon be indicted on some sort of campaign finance law violation. This means Manhattan district attorney Alvin Bragg for the State of New York (Federal prosecutors have long signed out of the cheesy political revenge fantasy business) has convinced a grand jury there is enough evidence to charge Trump with the crime. A grand jury setting means Bragg faced no opposition in laying out his case, as the not-quite-a-defendant is not represented. So no cross examination, no motions to suppress evidence, no hammering away at Michael Cohen as perhaps the least credible witness of all time, and thankfully, no hoary Godfather references to it all in the media. The old joke is you can indict a ham sandwich if the DA is any good, and if Trump is indicted that motto holds true here. Indicted means only the case moves on to the next stage ahead of a possible trial anyway.

    Stormy Daniels, a porn star whose very NSFW antics are all over the internet, has sex with a businessman. She then takes more money to sign a nondisclosure agreement (NDA) to keep silent. Sensing an opportunity when the businessman later runs for president, she willfully violates the NDA to revive her career. Meanwhile, when faced with jail time for all sorts of dirty deeds, the businessman’s now disbarred lawyer, a felon himself, violates attorney-client privilege to claim on his word the NDA payoffs (inherently legal) were actually complex technical violations of campaign finance law. And, oh yeah, most of this naughtiness happened way back in 2006, before Trump was even president. That’s the basic case to bring down Citizen Trump in the ultimate act of political revenge. Fuhgettaboutit!

    It will be interesting in a stop-and-stare-at-a-car-wreck kinda way to  see how DA Bragg presents his case. Problem One is that with paying money as part of an NDA is not illegal; lawyers regularly obtain (here’s a fill-in-the-blanks NDA) discreet resolutions of issues threatening the interests of their clients (“settlements.”) Without admitting guilt, money is paid from Party A to Party B in return for Party B dropping all future claims, agreeing to never mention something again, handing over documents or photos, whatever you’d like. It happens all the time, and in fact is the dirty little secret which keeps sexual harassment alive and well. Wealthy men pay women to remain silent under NDAs. It does not change the legality of all this even if the media calls those payments hush money or payoffs and Michael Cohen a “fixer.”
    Problem Two for Bragg is any criminality must come from twisting a not uncommon occurrence into a violation of a campaign finance law. When Trump had sex with Stormy he was just another philanderer. However, a few years later Trump became a philandering presidential candidate, and that money shifted, maybe, from a legal NDA payoff to something akin to a campaign contribution. The what in this case (money for silence) is clear. It is the why that matters most.
    So Problem Three, and it is a big one, is intent. You have to intend to violate campaign finance laws, not make a mistake or just act like a sleaze. Any illegality comes from the supposition by Michael Cohen that he can speak to Trump’s intent, that the NDA was not, say, to spare Trump’s marriage from new embarrassment, but “for the principal purpose of influencing an election” amid everyone already knowing Trump was a serial philanderer. If the whole was primarily for the purpose of hiding Stormy from voters instead of hiding Stormy from Trump’s wife and kids, then the money was essentially a campaign contribution and whole new set of laws kick in. But “it should be clear,” said the New York Law Journal, “Cohen’s plea, obtained under pressure and with the ultimate aim of developing a case against the president, cannot in and of itself establish whether Trump had the requisite mental state.”
    Thus Cohen’s testimony does not prove Trump knew the payments made to Stormy were illegal. Prosecutors would have to prove that willingness by Trump alongside proving his principal goal was to influence the election. If this ever reaches court, Trump will simply deny that and no jury can say weighing one man’s word against another, especially these mooks, eliminates all reasonable doubt. Felons testifying out of self interest make poor witnesses. Michael Cohen pleaded guilty to eight criminal offenses, including lying to Congress, tax fraud, and campaign finance violations. Cohen will face questions of personal bias, given his own multiple lawsuits against Trump. He will face questions about whether he received a benefit from prosecutors, early release from prison, for cooperating. If a liar like Cohen is your only witness on Trump’s intent, you really have no witnesses.
    There’s more. Problem Four is prosecutors also have to connect Trump directly to the payment. The check for $35,000 from Trump to Cohen, which was supposedly part of $135k paid to Stormy Daniels, Michael Cohen displayed at his 2019 Congressional hearing and ten others alleged to exist do not show what the payments were for. The checks do not have Stormy’s name on them. Cohen simply claimed they were part of his reimbursement for “illegal hush money I paid on his behalf.” The check(s) are not receipts; they could have been for anything. They do potentially expose Trump to another crime, falsifying business records, a misdemeanor in New York.
    They are receipts for a crime only because Cohen says they are. Under direct questioning when he testified before Congress, Cohen claimed unfortunately there was no corroborating evidence. He said he sent fake invoices to Trump only for “legal retainer fees,” so don’t bother with the invoices as evidence because Cohen now says he lied on them claiming it was a retainer fee. The checks total over $400k, because supposedly Trump rolled Cohen’s fee and bonus into the amount, so we just have to take his word for it $135k of that money was for Stormy. Cohen said some of the checks were signed by Don, Jr. and the felony-convicted tax cheat Trump Organization CFO. That means the checks would be used to implicate personally a person who did not sign them. If this all sounds complicated, it’s because it is.
    Problem Five, for Stormy’s payoff to be illegal, it will also be necessary to determine the money came from campaign funds. If it was Trump’s private money, even private money he donated to his own campaign, there is likely no case. Even if the money is shown to be campaign funds, illegality is based on the $2,000 donation limit imposed on the supposed “giver,” Michael Cohen in this case who has already been convicted, a limit which does not apply to the candidate himself. The payment is also not a donation if it was made for an expense that would have been paid even if there were no campaign, like hiding an affair from your wife.
    And so what? There is nothing to stop Trump from running for president if he is under indictment, or even found guilty and serving time. His affair with Stormy, which may be offensive to some voters, has sadly been part of the public conversation around Trump for years. Anyone who has wanted to see Stormy in the buff has done the requisite searches. Trump is not former Democratic vice-presidential nominee John Edwards, who was found guilty in 2012 and withdrew from the race. Edwards was accused of illegally arranging for two wealthy supporters to pay $925,000 to keep his pregnant mistress out of public view during the campaign. This all is no knock-out blow for 2024. Trump’s spokesperson said in a statement, “The Manhattan District Attorney’s threat to indict President Trump is simply insane.” You literally cannot embarrass Trump into quitting. The Dems are going to have to beat Trump another way.

     

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • Twitter vs. the First Amendment in Social Media Censorship

    October 24, 2020 // 0 Comments

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    Posted in: Democracy

    Twitter and Facebook are the censors the Founders feared when they wrote the First Amendment. In the 18th century, none of those forward-thinking men could have envisioned a day when technology and global corporations would overshadow the power of governments to control information. But that day is here, and @jack and his colleagues are trying to steal an election for Joe Biden in real time.
    The social media giants this week tried to disappear a story from the New York Post claiming Hunter Biden had sold access to his father Joe to a Ukrainian company. I’m afraid to include a link to the story, for fear this article too will be blocked and made to disappear. See, you can’t tweet a link to the Post’s story or send it as a direct message on Twitter and you can’t post it on Facebook without some sort of red flag. If you’re an unimportant person your message will just be blocked. If you are important, like the White House press secretary, @Team Trump, or a conservative journalist trying to report out the fuller story, your account will be locked. The NY Post, one of the largest mass circulation dailies, can’t RT its own article on Twitter. In my case, I was life banned from Twitter years ago, censored so broadly I can’t even buy a ticket for this ride. Orwell of course anticipated all this, creating the term “unperson” for someone erased from society. But he, too, did not anticipate the power of the electronic media companies or he would have likely also created the term “unthought.”
    The goal of Twitter and Facebook censorship is unthought, to make the NY Post story go away to the extent possible, and to delegitimize it as much as possible in those spaces the giants do not yet control because it might hurt Biden’s chances in the election. They have reimagined free speech as a liability to democracy. They have also crossed some border into the bizarro world by claiming the NY Post story is unproven after years of pressing untrue Russiagate stories into the public conscious, and after featuring NYT stories on Trump’s taxes based on purloined documents never made public. They have given voice to their self-created Blue Check experts who, simply based on imagination, claim the Post story has been spiked directly into the American vein by the Russians. The latter is especially insidious, using a fully disproven story (the Russians controlled the 2016 election) to support another new unproven accusation. This is sadly consistent with another blow to democracy, the media’s abandonment of any commitment to objectivity in favor of ideological activism. This election, there is a Right Candidate and a Wrong Candidate and it is the media’s job to use the tools of censorship, propaganda, and now unthought to direct your vote accordingly.
    We have no protection. For something like this to be unconstitutional or illegal, the denial has to come from the government. Facebook and others can deny  speech rights anytime they want. We now know the argument only the government is covered by the 1A has reached its limit. Technology and market dominance give great power with no responsibility to a handful of global companies even as the law hides behind the simplicity of the 18th century. That way of thinking requires you to believe that Facebook, et al, would never act as a proxy, barring viewpoints on behalf of a politician who would not be allowed to do it himself.
    We are approaching a time when the freedom to speak will no longer exist independent of the content of speech. What you’re allowed to say could depend on media’s opinion of how it will affect others, in this case, electing Joe Biden. Maybe you like Joe, but do I really have to include here “but what about the next time they use this power, maybe against something believe in?”
    For those muttering “it can’t happen here,” look how American tech companies are already employing their tools to serve the 1A-free China market’s social control needs. Companies exist to make money. You can’t count on them past that. Handing over free speech rights to an entity whose core purpose has nothing to do with free speech means it will inevitably quash ideas when they conflict with profits; it just happens to be going your way right now. Those who gleefully celebrate that the anthropomorphized @jack and good old ‘Zuck are not held back by the 1A and can censor at will seem to believe they will always yield power in the way “we” want them to. And trading away a little free speech, especially from a journalistic roach like the NY Post seems reasonable compared to another four years of Trump.

    It makes sense for them to unabashedly mainstream unthought and censorship Because Trump. Never before have a large number of Americans feared a politician more. Trump isn’t just against what you are for, he is someone literally out to kill you, via COVID, via some war, your life is in danger. He is not just bad, he is a pure strain of evil without goodness, like a pedophile.

    Google first introduced censorship in the most well-intentioned way: to stop child predators. The Internet giant tweaked its search results to block sites it believed linked to child porn. It went on to do the same for terrorist sites, and sites that encouraged suicide. But Google can skew search results any way it wants. It knows the higher an item appears on a list of search results, the more users will click on it. In a test, placing links for one candidate above another in a rigged search increased the undecided voters who chose that candidate by 12 percent. Burying an idea can have a similar effect; 21st century free speech is as much about finding an audience as it is about finding a place to speak. Censorship in the 21st century targets both speakers (example: Twitter blocks someone) and listeners (Google hides that person’s articles). There will soon be no fear anyone will lock up dissident thinkers in some old-timey prison to silence them; impose a new Terms of Service and they are effectively dead. As are their ideas.

    The argument Twitter, Facebook, and Google are private companies, that no one forces you to use their services, and in fact you are free to switch to MySpace, is an out-of-date attempt to justify end runs around the First Amendment. Platforms like Twitter are the public squares of the 21st century (seven of 10 American adults use a social media site), and should be governed by the same principles, or the First Amendment will become in practical terms irrelevant.

    Pretending a corporation with the reach to influence elections is just another company that sells stuff is to pretend the role of unfettered debate in a free society is outdated. These corporations understand their power to influence. They feel morally required in using it for partisan goals. They have exercised it for Joe Biden. When that happens, elections can be stolen in real time. Just watch.

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • What Republicans Must Ask the Whistleblower

    November 19, 2019 // 0 Comments

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    Posted in: Democracy, Impeachment, Trump


    The whistleblower needs to be front and center in the impeachment proceedings on TV. Here’s why.

    As the latest public spectacle unironically displaces daytime soap operas, the picture is starting to become clearer. The people testifying aren’t there to save America. They are a group of neo-somethings inside the administration who disagreed with Trump’s Ukraine policy and decided to derail it.

    The plan was unlikely intended to lead to impeachment when things began to move back in May, after then-Ambassador to the Ukraine Marie Yovanovitch was fired. Contrary to the president’s policy the taxpayers paid her to represent, she had her own, and promoted confrontation with Russia over Ukraine and sought more military aid. Bill Taylor was then installed as a figurehead in the embassy and Ukraine policy was taken away from hardliners at the State Department and NSC and handed over to America’s favorite knucklehead, Rudy Giuliani, and the inexperienced, Trump-appointee, Gordon Sondland.

    The bureaucracy called a Code Red. They were needed on that wall to stand against Russia. It seemed easy enough. Ukraine was off most of the public’s radar, so some Op-Eds, Trump’s men nudged aside, and the mini-coup over Ukraine policy would have worked. John Bolton, who could have stepped in and told everyone to return to their seats or no snack time, was agog at the amateur efforts by Giuliani, and certainly no fan of a less robust Ukraine policy anyway.

    Things got out of the group’s hands when Democrats, desperate for something to impeach on after Russiagate imploded, seized on the objections over Ukraine policy as slightly more than the nothing they otherwise had (the alternative was resurrecting the Stormy Daniels-Michael Avenatti-Michael Cohen sleaze fest.) An objection over policy and who would run it was transformed into a vague smatter of quid pro quo based on that July 25 phone call, using a whistleblower’s undergrad-level prank “complaint” as the trigger.

    And that’s why the whistleblower is very relevant. He knows nothing first-hand himself (neither does anyone else, see below, but someone had to go first) admitting in his complaint all his information is second hand. He is not anonymous; Google “who is the whistleblower” and you too can know everything official Washington and the media already know about him, back to his college days. So no one needs to fret about his safety, and no one needs to ask him any questions about the July 25 call.

    Here is the question the whistleblower must be asked: how did this jump from policy disagreements among like-minded people (you, Vindman, Taylor, et al) to claims of an impeachable offense? Who engineered that jump? Was it Adam Schiff’s staffers who first met with the whistleblower? Schiff lied about that contact. Or was it a partisan D.C. lawyer who has been trolling Twitter since Trump’s election looking for someone to hand him raw material he’d lawyer into a smoking gun (an organization he is connected with had mobile billboards advertising for whistleblowers circling the White House, the Capitol, the Pentagon, the CIA and the National Security Agency to try to attract clients)?

    Did the whistleblower make himself into a pawn, or was he made into a pawn? The answer is very important because at this point how the whistleblower came to be at the ground zero of electoral politics tells us if this is a legitimate impeachment or a political assassination. The voters will have to judge that in about a year independent of the partisan votes (the weakness of the actual impeachment case is explained here) taken in the House and Senate.

    The popular impression is men like the whistleblower, Bill Taylor, and Alex Vindman are non-partisan, and there is some truth to that. They came up through a system which strongly emphasized service to the president, whomever that is. But it would be wrong to equally claim they are policy agnostic; in fact, likely quite the opposite. They see themselves as experts, and in Vindman’s case, a native son, who know better. That’s why they were hired, to advise, and under Obama their advice (for better or worse, they wanted to bring us to war with Russia) was generally followed.

    They knew they knew better than the Orange Clown who somehow ended up in the Oval Office and ignored them. They knew he was wrong, and talked and texted about it among themselves. That’s OK, normal even. But it appears they came to see Trump not just as wrong but as dangerous. Add in some taint of self-interest on Trump’s part, and he became evil. They convinced themselves it was a matter of conscience, and wrapped their opposition in the flagged courage of a (created?) whistleblower. Certainly if one hadn’t existed it would have been necessary to invent him.

    With their testimony focused mostly on their disagreements with Trump’s Ukraine policy, and their own intellectual superiority, it seems such proclamations of conscience have more to do with what outcomes and policy the witnesses support and less to do with understanding that without an orderly system of government with a functioning chain of command all is chaos. The Trump-deranged public is overlooking the dark significance of serving officials undermining the elected president because of policy disagreements. They hate Trump so much they are tolerating insubordination, even cheering it. Now that’ll bite America back soon enough. You don’t join government to do whatever partisan thing you think is right; you serve under a system and a chain of command. There is no Article 8 in the Constitution saying “but if you really disagree with the president it’s OK to just do what you want.”

    I served 24 years in such a system, joining the State Department under Ronald Reagan and leaving during the Obama era. That splay of political ideologies had plenty of things in it my colleagues and I disagreed with or even believed dangerous. Same for people in the military, who were told who to kill on America’s behalf, a more significant moral issue than a boorish phone call. But we also knew the only way for America to function credibly was for to follow the boss, the system created by the Constitution, and remembering we weren’t the one elected, and that we ultimately worked for those who did the electing. So let’s hear from the whistleblower and all the witnesses about that, not their second hand knowledge of Trump’s motivations, but their first hand knowledge of their own motivations.

    Americans in government and military are mostly decent people. Unlike some who hold power in banana republics, they are unlikely to be convinced to undermine the president for personal gain. But give them a crusade, tell them they are heroes Mueller failed to be, and they will convince themselves anything is justified. Those impure motivations are what transformed the witnesses now driving impeachment from being dissenters to insubordinate into convincing themselves they needed to make a stand. Vindman gives it away, saying he twice “registered internal objections about how Mr. Trump and his inner circle were treating Ukraine,” out of what he called a “sense of duty.” Duty to what?

    The not very anonymous whistleblower is only 33-years-old, but of the mold. Ivy League, CIA, language guy, a Ukraine specialist who found himself and his knowledge embraced by Obama and Biden — the right guy in the right place — until he was set aside by Trump with new policy. Taylor fancies himself the last honest man, shepherding U.S.-Ukrainian policy through rough waters, having been ambassador to Ukraine 2006-2009. Yovanovitch was a partisan, representing her own vision, not that of the elected leadership, because she was sure she knew better after her years at State. Best and the brightest. They were professional, seasoned dammit, look at their resumes! The uniform!

    If they came to being whistleblowers and then players in politics honestly, then were simply side-slipped into becoming pawns, they should be quietly retired, this generation’s Colin Powell. But if they are agent provocateurs, they need to be fired. That’s why we need to talk to the whistleblower, to understand that difference.

     

    That’s for them, now for us. If this all was just a hearing on bad policy planning and what happens when knuckleheads like Rudy Giuliani get involved, it would make interesting history. If this was a long-overdue review of U.S. relations with Ukraine, it would be welcome. But as an attempt to impeach the president, it is a sordid, empty, brazen, political tactic hardly worthy of the term coup. It sets a terrible example of what we will tolerate from the bureaucracy if we hate the incumbent president enough. It opens the door to political opportunism, and informs real would-be insubordinates how to proceed more effectively. It signals chaos to our allies and opens opportunity to our enemies.

    There’s a fine line between necessary dissent and wicked insubordination, between conscience and disobedience, but there is a line and it appears to have been crossed here. The attack is no longer on policy, on which Taylor and Vindman may lay some claim, it is on the president and only the voters should have that say.

     

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • Five Questions for Joe Biden

    September 19, 2019 // 0 Comments

    Tags: , , ,
    Posted in: 2020, Democracy


     
    I was inadvertently left off the list of pundits encouraged to submit questions for the last Democratic debate; meh, my questions were all for Tulsi Gabbard anyway. But in the spirit of open inquiry, I put together some queries directed at the front runner, Joe Biden, anyway.

    Q: Joe, how’s the asthma?

    Reason why I’m asking is you received five student draft deferments during the Vietnam War draft, the same number as Donald Trump and Dick Cheney, and in 1968, when your student status was wrapping up, you were medically reclassified as “not available” due to asthma as a teenager. In your autobiography, you described your active youth, you being a lifeguard and playing high school football and all. You also lied (note Biden lies are usually called gaffes) about being on the University of Delaware football team. Was all that hard with asthma? Were you diagnosed for asthma in 1968 by a podiatrist? Your vice presidential physicals mention multiple aneurysms. Asthma, no.

    Let me read you a quote, Joe. “You have somebody who thinks it’s alright to have somebody go in his place into a deadly war and is willing to pretend to be disabled to do it. That is an assault on the honor of this country.” Pete Buttigieg said that about President Bonespurs. Senator Tammy Duckworth, who was wounded in Iraq, called Trump a “coward” over the draft. Do you agree with those quotes?

    Q: Joe, can you explain your recent financial success?

    In 2008 you earned $165,200 salary as a senator, supplemented with $20,500 as an adjunct professor at Widener University Law School. You got an advance of $112,500 for your book Promises to Keep. Your wife Jill taught at a community college while you were Vice President. You two reported a combined income of $396,000 in 2016, your last year in the Obama administration.

    Then you and Jill made more than $15 million since leaving the Obama administration, mostly via a new book deal. In fact, you and your wife made nearly twice as much in 2017 than in the previous 19 years combined.

    Now we know about inflation and everything, but you were given $10 million for your 2017 memoir, Promise Me, Dad, roughly ten times what your first book pulled in. Jill was paid more than $3 million for her book, Where the Light Enters in 2018, same publisher as you, Joe.

    We all know how publishing works: The publisher, Flatiron, pays you, the author, an advance. Profits from book sales are subtracted from that advance. For a publisher to be successful, they need to sell more than they paid out for the advance, and because of this successful publishers like Flatiron get pretty good at estimating those numbers. Forbes reports your new book sold 300,000 copies against that $10 million, meaning you, Joe, took home about $33 per copy on a book Amazon is selling for only $13.99. Of course it is more complicated , but off the cuff do you feel you pocketing $33 on a $13.99 sale is a good deal for you?

    And speaking of which, a friend passes along her respect. Hillary Clinton only earned around $5 million from her campaign book.

    Your teaching pay went up nicely as well. You got $20,500 for teaching when you entered the White House. After you left the office, the University of Pennsylvania gave you $775,000 to teach, and then was nice enough to offer you indefinite leave of absence from actually teaching anything while you campaign. And you got signed for that gig only a month after leaving the White House. Side question: did you post your resume on Monster or Indeed.com?

    What role do you think your being the likely nominee played in how much you were paid? It’s almost as if people are giving you free money to be your friend. Is there a definition of corruption which might encompass that?

    Another friend sends his respect, too, Joe. He’s jealous almost no one talks about how you charge the Secret Service $2200 a month rent for a cottage on your property so they can protect you! He wants to ask if you jokingly call the cottage “Biden Tower.”

    Q: The cost of higher education is a major 2020 campaign issue. How much have you contributed to raising the price? No, no, sorry, that’s not fair. Joe, can you name a speaker you think is worth $180,000?

    The reason I ask is because Education Next calls you the “Higher Education Millionaire” based on the fees you and your wife collected from various schools. Those include Drew University $190,000, Lake Michigan College $182,679, Vanderbilt University $180,000, University of Buffalo $179,489, Southern Connecticut State University $124,515, Long Island University $100,000, Brown University $92,642, and Jill at Foothill-De Anza Community College District $66,400, Stanford University $37,853 and Loyola University of Chicago $36,000. Jill had some more speaking engagements and other gigs as well, for a total income of $560,000. There’s a full accounting here.

    And hey, Joe, did you know your 30 minute speech at the University of Buffalo was partially funded by “voluntary” student government ticket purchases? Anyway, at a total cost to the school of $230,000, that works out to about $7,600 a minute for your time in Buffalo. By comparison, a high-class escort there runs, albeit at a one hour minimum, about $400 (link NSFW.)

    Overall you are quite a talker, Joe. Since leaving office you made $1.8 million on book tour events and $2.4 million over 19 speaking engagements.

    Actually you were paid a lot more for your speaking than those disclosed fees would have us believe. Your gassing at the University of Buffalo, for example, included $10,000 for travel expenses. Your speech at Southwestern Michigan in October 2018 included $50,000 in travel expenses. Do you order a lot of room service, or are you padding your speaking fees with exaggerated travel expenses that you do not have to claim as income for tax purposes?

    Now we all remember Old Man Bernie chastising Candidate Clinton in 2016 for the large sums of money she received for private speaking engagements, what some called “Pay to Play” as powerful organizations, donors, and lobbyists paid jumbo fees to a candidate for a speech in lieu of simply bribing them directly by handing cash over in a paper bag. Can you explain how what you and Jill are doing is different?

    Q: Joe, do you remember the tax loophole you and Obama tried to close, S Corporations? Since leaving office you and your wife laundered money through S Corps to save millions in taxes ordinary Americans have to pay. Why the change of heart, Joe?

    In 2012 you said paying higher taxes on higher incomes was patriotic. You told us “We’re not supposed to have a system with one set of rules for the wealthy and one set of rules for everyone else.” Along those lines, you and Obama sought to end a well-known dodge, the use of S Corporations to avoid paying Social Security and Medicare taxes.

    You remember, Joe: By creating a paper S Corporation, an individual receives money for things like book advances and speaking fees not directly, which would cause him to have to pay Social Security and Medicare taxes as with salaries, but laundered as divestitures from a corporation he owns. As corporate money, nasty personal taxes are fully avoided, and the corporation can claim nearly unlimited “business expenses” to be deducted against those profits, as well as benefit from other tax rules which favor companies over individual earners.

    So Joe, it seems after trying to close that S-Corp loophole while in the White House you and Jill are now fans. In fact, your lucrative deals are funneled to you through two S-Corps, CelticCapri for Joe and Giacoppa for Jill. Your S-Corp is registered at 1201 North Orange in Wilmington, Delaware. That’s a popular block; right nearby is 1209 North Orange, the legal address of 285,000 separate businesses. Delaware, in fact, is ground zero for corporate tax shell companies; Michael Cohen had his there for Trump’s use as well.

    Delaware has more (paper) corporate entities than people. Joe, you of course were one of Delaware’s senators for decades. So you knew how things worked when you established your his-and-her S-Corps only days after leaving the White House. As a corporate entity, S-Corps can also make political contributions. Joe, your own S-Corp did so, neatly donating money to your own political PAC, American Possibilities.

    So Joe, the question is: is everything regarding your taxes a load of malarkey?

     

    Q: Final question, because I know you’re getting tired. How do you intend to debate Trump when corruption, tax fudging, and skipping out on military service come up?

    Are you just going to rely on the MSM not to ask about those things? Or are you going to go with Trump’s sleaze is worse than yours and you’re the lesser of two evils candidate because that worked out so well as a strategy in 2016?

     
     
    Bonus Sixth Question! Joe, name a couple of substantive accomplishments for your eight years as Vice President.

    Cat got your tongue? The Obama White House official archives include some of these as your accomplishments, Joe. Ring any bells?

    You led the Administration’s Skills Initiative to improve effectiveness of federal workforce training. Big one. You chaired the Middle-Class Task Force, which was “a guiding force in the Administration’s efforts to improve the livelihoods of middle-class families.” How’d that work out? You “unveiled” It’s On Us, a campaign to engage students and bystanders in preventing sexual assault. You also lead a national “Cancer Moonshot” to dramatically accelerate efforts to prevent, diagnose, and treat cancer. Any luck with that? You “engaged the leadership in both Japan and the Republic of Korea to improve relations among two of the United States’ closest allies.” That’s going well, right? Do you plan to feature any of these accomplishments in your debate presentation?

      

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • Why Trump is Unlikely to Be Indicted or Impeached for Campaign Finance Crimes

    December 12, 2018 // 0 Comments

    Tags: , , , , , ,
    Posted in: Democracy, Trump

    Almost overnight the focus of Russiagate shifted from treason and Trump as a Russian asset to a hyperfocus on payoffs to two women Trump slept with years ago. But even if it can be shown Donald Trump’s actions toward those two women are actually chargeable crimes, he will not be indicted while in office.

    That leaves impeachment, over acts the president did before being elected. We are in a load of trouble if there is a way to impeach a president essentially retroactively, for things done before he assumed office. This is Twitter-think gone wild, destroying people for old Tweets written in some cases years ago, or holding a Supreme Court nomination hostage to yearbook scribbles. The politics of personal destruction. Let’s see where things stand.

     

    Indictment?

    Before getting into the specifics of Trump, Cohen and those payoffs, it is clear the attorneys of the Southern District of New York (SDNY), under the control of the U.S. Department of Justice, will not be permitted to break long tradition (here’s the document from the Office of the Legal Counsel which establishes it would be unconstitutional to indict) and indict a sitting president. No one will say it, but no one wants that door opened, even to get Trump; if it is, every future president can expect to find himself endlessly enveloped in frivolous indictments from prosecutors seeking to make a name for themselves and/or score political points by turning an opinion into a headline. Nope, nobody is throwing Baby political safety out with the bathwater of Trump.

    There is also crazy talk SDNY is preparing the indictment against Trump now, to file against him the day he leaves office in 2021 (assuming he loses the election to Hillary/Beto or whomever), a new level of pointless revenge in America that won’t happen. No newly-elected Democratic president wants to send that Third World vengeance message alongside of obligatory “time to heal” rhetoric. And of course if Trump is elected to a second term the SDNY indictments disappear; there is a five year statute of limitations on any 2016 election finance crimes such as Trump might be accused of. As New York magazine put it in a headline, “Trump 2020 Shaping Up to Be a Campaign to Stay Out of Prison.”

    Indictment of trump, now or in the future, seems headed nowhere. But we’ll talk about it endlessly anyway.

     

    A Tale of Two Women

    So bottom line: SDNY isn’t going to do anything. It’s impeachment or nothing from the Democratic House starting in January.

    There are two women, Stormy Daniels and Karen McDougal, at the center of all this. Both are alleged to have had affairs with Trump, and both are said to have received money to not speak of those affairs (though they have.) You can in fact pay people to shut up about affairs. That happens all the time. It is not illegal.

    The fact is Trump could have made the payment himself without violating the law. In the simplest version, if Trump had paid the women with money clearly his own, with a note attached saying “No politics, this is only to spare my family shame, you filthy bimbo,” there would be absolutely no crime. Sleaze, disgrace, cravenness, yes, of course. But the crime, if it exists, is based on the way this was done, not that it was done. So can any of this be criminalized to the extent that it becomes the “high crime or misdemeanor” necessary to impeach Trump?

    Let’s start with Stormy.

    Stormy Daniels

    For Stormy’s $130,000 payoff to morph into something illegal, it will be necessary for someone to determine the money paid her came from campaign funds, that it was a donation. If it was 100% Trump’s private money, there is no case. Nothing Mueller or the SDNY has released has said where the money came from. Think about think how complex Trump’s finances are. Proving the money was campaign funds is a critical part of this. Keep in mind the idea that campaign funds are illegal to use here hinges on none of this cash was Trump’s own money, even money he donated himself to his own campaign. The illegal part is based mostly on a $2,700 donation limit imposed on the supposed “giver,” Michael Cohen in this case, a limit which does not apply to the candidate himself. The campaign funds part comes in in tracking the source of the cash used to reimburse Cohen.

    In short, the payment is not a donation if it was made for an expense that was independent of the campaign – that is, money that would have been paid even if there were no campaign.

    If the money can be shown to be campaign funds or a donation by Cohen, one next has to prove the purpose of the payoff was to influence the election, not say to prevent shaming Trump’s family. Absent hard information to the contrary, Trump could claim he wanted to hide the affair say from his young son reading about it in the media, and maybe even show he’s been paying off women for decades, long before he ran for president, as proof that Stormy was just another in a long line of galpals paid to shut up after the deed.

    If the money can be shown to be campaign funds and somehow intent was clear, then impeachment would still require tying all that to Trump, because as things stand at this moment, it was Trump lawyer Michael Cohen who paid the money out with whatever intent Cohen himself had at that time. Trump himself did not pay anything to Stormy per se.

    Cohen, in his guilty pleas seeking lenient sentences on his unrelated tax cheating convictions, says that was the case, for him, that his intent was to influence the election. We currently have only his word that it was also Trump’s intent when (again, only on Cohen’s word) Trump ordered him to make the payoff. Absent additional information, those key elements of the crime depend on convicted felon Michael Cohen’s impeachment testimony from his jail cell as to culpability and intent of the president.

    Then there is the question of the money again. Cohen claims he paid Stormy using his own personal funds, and then was reimbursed by Trump. Assuming that is true, then step one (above) would be to prove the reimbursement money came from campaign donations and Trump knew the money was being reimbursed for the payoff specifically. Intent is very much a factor in proving a crime here. So if say Cohen sent an unitemized invoice (as Rudy Giuliani has suggested) to Trump for a dollar amount simply for “services rendered” (call it plausible denial), Trump can claim he had no idea the money was being used illegally. So hopefully someone will produce a receipt annotated “Shady Payoff to Stormy.”

    This is a complicated case to prove — that the payoffs were in fact “campaign donations,” that the intent was to influence an election after Trump had already made clear to the electorate his sleazy background with women, that Trump knew in detail what Cohen said was done by him, and that Trump ordered these things to happen. That would mostly leave Trump guilty of some sort of “conspiracy to…” charge, something second hand the public might see as short of impeachable.

    The fact that Cohen chose to plead guilty to campaign finance crimes seeking a lighter sentence means that none of these questions were ever contested in a court, nothing was proven, no evidence produced, and no witnesses called and examined. Cohen’s choice to plead guilty is not prima facie evidence of the truth of any of this. His guilty plea is not “evidence” in the impeachment of Trump, though Cohen would obviously be a key witness.

    One can imagine the media circus as Cohen, maybe clad in an orange jumpsuit on day pass from some Federal prison, testifies alongside Stormy Daniels, whose skills at anal sex are watchable on Porhub turning breaks in the proceedings. Also,

    A federal judge on Tuesday ordered Stormy Daniels to pay nearly $300,000 in legal fees to Trump over a defamation lawsuit dismissed on October 15 to add to the gathering of shame. Bazinga!

     

    Karen McDougal

    If the number of elements which must be proven to impeach Trump over what happened with Stormy seems a long road, the case of Karen McDougal is even more complex.

    In McDougal’s case, Cohen claims he paid $150,000 in Trump money to David Pecker (you can’t make this stuff up), who runs American Media, which controls the National Enquirer. Pecker then supposedly used that money to buy exclusive rights to McDougal’s story of sex with Trump with the intent of never publishing the tale, thus burying it. Although Cohen said he would reimburse Pecker (and then Cohen would be reimbursed by Trump), the reimbursement did not happen. So the crime here is Cohen causing a third party (Pecker) to make an illegal contribution.

    Illegal contribution? Well, that’s another point in both cases, Stormy and McDougal. For these cases to add up to crimes, instead of a legal payoff to remain quiet/buy the rights to a story, the House would have to somehow conclude the money was actually a contribution to Trump’s campaign, a contribution either made illegally beyond allowable limits, or made illegally to influence the election, or made illegally just because it wasn’t disclosed. If the whole mess was to be heard in a real court, this point of law would be a showstopper, and a focal point for both sides to contest. How it will be adjudicated in front of Congress is anyone’s guess, but expect Trump’s defense team, if things get that far, to try and move the question out of Congress and into a real court.

    Another element is it must be shown Pecker spiked the McDougal story to influence the election, not simply as an editorial decision. Fun fact: prosecutors first granted Pecker (and another American Media executive, Dylan Howard) immunity to testify in this case. They then announced a “Non-Prosecution Agreement” with American Media, which quickly said the whole thing was political. No one is above the law, unless you are willing to testify against someone more important than you, in which case you get off scot-free for your own crimes!

    And maybe someday we can talk about the third world system we are watching play out where plea bargains and lesser sentences are bartered for nasty testimony.

     

    The Jury of Us

    Proving the many legal points is hard enough, but that’s just the beginning of the real test. This is all about the politics of destruction; Democrats couldn’t beat Trump n 2016, they couldn’t gin up enough Russia-fever to get him, and so may choose to settle on working these payoffs as their last act.

    Keep in mind all of the above elements will need to be proven in hearings held in the House, with witnesses and defense teams, all no doubt televised. There is a difference between what a prosecutor asserts in a one-sided filing designed (see the job title, “to prosecute,” the other side is called the defense) to present someone as guilty, and proving those same elements of an actual on-the-books crime, with evidence. There is a difference between what you so desperately want to believe is true, and what actually is true under the Rule of Law you also believe is so in danger but would throw away in a heartbeat to oust Trump.

    Democrats will have to answer in a way average Americans will agree with how this is all so different from when it was discovered Barack Obama’s 2008 presidential campaign was guilty of violations involving nearly $2 million – an amount that dwarfs the $280,000 in Cohen’s case – the Obama Justice Department decided not to prosecute. Instead, the matter was quietly disposed of by a $375,000 fine by the Federal Election Commission. How’d we go from a fine to impeachment anyway?

    To be sure, SDNY prosecutors have charged election finance violations as felonies before, most notably in 2014 against conservative Dinesh D’Souza, whom Trump later pardoned. That no doubt displeased the folks at SDNY, so there’s an element of shallow revenge for the public to chew on as well.

    Politics

    The story will unfold in the context of hearings where the real jury are the Americans who’ll vote in 2020. Since absent some bombshell the Republican Senate will never convict Trump no matter what the House does, this is all for show, and we’re the audience. Democrats thinking this all through must remember the dumpster fire of the Bill Clinton impeachment, where in return for their efforts to trump up similar charges and their actual impeachment vote against Clinton, they ended up with the voters turning against them, sick of the whole thing and ultimately taking Bill’s side more or less-ish.

    Can the Democrats really expect to convince a large number of Americans that in his third year in office, Trump needs to be impeached over a violation of conspiracy to violate Section 30116(a)(7)(A) of the election laws which occurred before he was even elected? That the 2016 election needs to be overturned for that, for the good of the country, and that this wasn’t just the politics of personal destruction out of control again, as we saw with Kavanaugh?

    They might. The Democrats from Day One have wanted to put an asterisk by Trump’s election. The Russiagate-collusion narrative has turned dusty and old. It isn’t as easy to understand or as sexy as a pee tape, but in its place Dems may try and use Trump’s payments to two mistresses as a way of locking in their narrative that Trump won by cheating. Mueller is a man of the Deep State, a fixer for them, and his dirty hands are being well-employed with fixing the problem of Trump being elected when the Plan was always for Hillary.

    Or maybe not. I don’t think the Dems will risk it. I don’t think Trump is going to face impeachment, or indictment. There will be a flow of noise and threats and dire Maddow-esque predictions, but this all ends one way or another with the election of 2020, not impeachment or indictment.

     

    BONUS

    It’s easy to forget the special prosecutor who sent Bill Clinton into impeachment began with the financial mess of Whitewater and ended with Monica Lewinsky and lying to Congress, even as Mueller started with Putin controlling the Oval Office and seems likely to end with payoffs to a porn star.

    The concept of appointing a Special Prosecutor with the task of finding SOMETHING to try and overthrown an election is an ugly one. While so many Americans are near-joyful over each crumb that suggests Trump is in deeper trouble, I wonder how they’ll feel when a Special Prosecutor becomes a standard opposition weapon used against a president they like. A reminder you can’t put the genie back in the bottle.

    BONUS BONUS

    And yes, to save some time, let’s just assume all the people who have commented for 2.5 years “But just wait!” have already done that again here, ‘kay?

     

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  • Clinton, Wasserman Schultz and the Wheezing Corpse of the Democratic Process Revealed

    July 25, 2016 // 0 Comments

    Posted in: Democracy

    hillary


    Wikileaks over the last few days dumped tens of thousands of emails hacked from the Democratic National Committee (DNC) server.

    The disclosures of dirty tricks directed against Bernie Sanders contained in those emails are startling, and only add to the whirlpool of corruption and sleaze surrounding Hillary Clinton and the wheezing corpse of the democratic process.



    There’s a lot to unpack here:

    — The same people on the Clinton team who made enormous efforts to claim her private email server, which operated unencrypted over the Internet for three months including during trips to China and Russia and which contained Top Secret national security data, was not hacked by the Russians now are certain that the DNC server was hacked by the Russians.

    — Many in Camp Clinton and the media labeled Bernie Sanders’ supporters are paranoid when they made claims during the primaries that the DNC was working against them. The hacked emails confirm the DNC was working against them, including suggestions that the DNC find ways to suggest Sanders was an atheist to discredit him in religious areas.

    — Persons who claimed many in the media, including CNN, were biased in favor of the Clinton campaign during the primaries were dismissed. The hacked emails confirm the DNC was working closely with the media to seek negative coverage of Sanders and positive coverage of Clinton.

    — Politico now admits it was a “mistake” sending the DNC an article draft in advance. The writer showed the draft to the DNC even before his own editors saw it.

    — Facebook admits to blocking Wikileaks links to the DNC email hack from its newsfeeds (but blames spam filters.)

    — The DNC appears to have expended significantly more efforts toward defeating Bernie Sanders than they did against any of the Republican candidates.

    And some more:

    — Instead of focusing on the contents of the hacked emails and the dirty tricks they exposed, many mainstream media outlets headlined instead the Clinton campaign talking points that the Russians hacked the emails and released them in an effort to derail her candidacy in favor of Donald Trump. Many of the same stories suggest Trump is some sort of pro-Putin stooge.

    — On 60 Minutes, Clinton refused to say intervention by the DNC to favor one candidate was “improper.” Her non-answer was edited out of the interview broadcast.

    — After DNC chair Debbie Wasserman Schultz announced her resignation following this week’s Democratic convention, the Clinton campaign announced Wasserman Schultz would be hired by them as “honorary chair of Hillary’s campaign’s 50-state program to elect Democrats in every part of the country, and as a surrogate for her campaign nationally.”

    — Debbie Wasserman Schultz will be replaced as DNC chair by (only now former) CNN commentator Donna Brazile. Brazile argued the pro-Clinton side of debates on CNN throughout the primary season.

    — In the hacked emails, Brazile said “I will cuss out the Sanders camp!” over complaints by Sanders of inadequate representation by the DNC. In March while still employed by CNN, Brazile called Sanders’ decision to run as a Democract for the additional media exposure “extremely disgraceful.”

    And very sadly:

    — Bernie Sanders, his campaign sabotaged by the DNC with what were once “paranoid” accusations now proved, still endorses Hillary Clinton and will still speak at the Democratic National Convention.

    It pains me to say as his once-supporter that the man has no courage. Even Ted Cruz stood up for himself in front of the Republicans in Cleveland. It is a sad day when we learn Ted Cruz has more balls than Bernie Sanders.

    Those who are calling all this a coup of sorts, they’re wrong. It’s a surrender. But in the words of Hillary Clinton, what difference does it make?




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  • Follow the Money? Not with Hillary, Follow Pat…

    August 28, 2015 // 0 Comments

    Tags: ,
    Posted in: Embassy/State, Iraq

    pat kennedy


    The old adage, “follow the money,” is still not a bad way to suss out wrongdoing. Originated during the Watergate era, the term says if you follow the trail of money through an organization or a caper, you’ll find the guilty people at the end.

    With the State Department and Hillary Clinton, the advice should read: “Follow Pat Kennedy.”



    Meet Pat Kennedy

    The name of long-time State Department Under Secretary for Management, Patrick Kennedy, pictured, is unknown to most journalists and nearly all of the public, but he in fact is present at every significant public issue State confronts. Take a look…



    Kennedy and Manning

    Do a little Googling around, and there’s Pat helping drive nails into Chelsea Manning’s coffin, testifying at his trial about the “grave damage” done to America’s national security. Kennedy in September 2013 admitted his testimony “contained misstatements,” which he said were “inadvertent.” Kennedy also oversaw State’s internal report on Wikileaks’ impact and ran the working group that was supposed to identify people at risk because their names appeared in the State Department cables online.



    Kennedy and Benghazi

    And at the Congressional Benghazi hearings, there’s Pat testifying Clinton did no wrong, that State as an institution did no wrong, and helping throw a few lesser officials under the bus in hopes of making it all go away.

    One of those officials Pat helped deep six later came out as a whistleblower, suggesting Clinton’s staff skimmed incriminating documents off the pile turned over to Congress.

    Kennedy also was the one who hand-picked the members of State’s internal Accountability Review Board that failed in December 2012 to find any senior official at fault for any wrongdoing in the run-up to Benghazi. That Review Board chose not to interview Secretary of State Clinton about her role in Benghazi.



    Kennedy and Child Prostitution Cover-Up

    It was Pat who helped former American Ambassador to Belgium Howard Gutman retire in order to curtail a public investigation.

    A State Department investigator asserted Gutman solicited “sexual favors from both prostitutes and minor children.” Howard Gutman and members of Clinton’s security detail were also accused of hiring prostitutes. According to an internal memo prepared by the State Department Inspector General in October 2013, Kennedy personally called off an investigation.



    Kennedy and Iraq

    Pat was also one of the primary justifiers for the $3.5 billion spent on building America’s largest embassy in the world, in Baghdad. He oversaw parts of the Blackwater investigation and contracting.

    Kennedy was also the central figure in the First Amendment struggle over my Iraq book critical of the State Department, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People



    Dirty Deeds Done Dirt Cheap

    There’s more, but you get the picture. When dirty deeds need to be done dirt cheap to protect Clinton and State, Pat’s your man.

    So it is little surprise that media reports now tell us that the Under Secretary Patrick Kennedy is now in charge of running interference on Capitol Hill regarding the Clinton email controversy.

    Kennedy reportedly visited lawmakers in July and argued that the Abedin email along with another one sent in 2012 by another Clinton aide, Jake Sullivan, are not classified. The Under Secretary also argued that the information in the emails was already public.

    However, one source said that it was odd that Kennedy wanted to discuss the matter in a secure facility for classified information while simultaneously arguing that the Abedin email was not classified.

    The source also said that Kennedy cited a report from the Irish Times in 2011 as evidence, but that the details were not comparable. Kennedy also said that someone from the CIA agreed with his conclusion. However, the CIA was not the agency that sent the email.



    The Fixer

    Kennedy likely has more in the fire with the Clinton emails than his usual dollops of blind institutional loyalty.

    Given his role at State, Pat Kennedy is very likely to be the most senior official below the Secretary of State’s own staff to have either signed off on Hillary’s email server or passively fended off concerns from the rank and file about it. There are no doubt interesting emails with his name on them to be FOIAed or subpoenaed about all that. Pat no doubt hopes like hell a Democrat wins the presidential election or he is toast.

    So, mark this down: when Pat Kennedy steps into the picture, State/Clinton knows it is in real trouble and is calling in its Fixer of Last Resort. Journalists would be wise to keep on eye on Kennedy’s schedule over the coming months.



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  • Clinton Responds to Bad $$ Accusations by Asking for More $$ to Fight Accusations of Bad $$

    May 16, 2015 // 0 Comments

    Tags: ,
    Posted in: Iraq

    Hillary-Money

    The Clinton campaign, responding to snowballing accusations of influence buying through massive foreign donations to the Clinton Foundation both before, during and after the Hillary Era as Secretary of State, has made a statement: give us more money.

    Never one to miss a chance at hypocrisy, the Hillary Clinton campaign is now fundraising off new reporting in the new Peter Schweizer book Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich.

    In an email to supporters, Clinton campaign chairman John Podesta writes:

    There’s a new book out — written by a former Republican operative with ties to a Koch-funded organization — that uses allegations and conspiracy theories to stitch together a false narrative about Hillary without producing a single shred of evidence.

    We’re only two weeks into the election and we’re already up against these baseless attacks.

    If we don’t fight back now, we send a signal to our opponents that we’ll shrivel in the face of whatever will follow. This is an important moment in this campaign.

    Podesta ends his email with a large Donate button.

    Sleaze Aside…

    Sleaze aside, if the money accusations have any effect on the voting populace (and so far their impact is unclear; people just may not care about anything anymore unless it involves Bruce Jenner’s gender transition), they will interfere with the carefully crafted Clinton 2016 narrative.

    Clinton has outlined her election platform. One major plank already in direct conflict with the Clinton Foundation money is her stated desire to fix “our dysfunctional political system and get unaccountable money out of it once and for all, even if that takes a constitutional amendment.”

    The other Clinton theme, some gobbledygook about righting the wrongs of our 1:99 percent economy, also withers in the face of the massive flow of money into the Foundation.



    Rules are for Fools

    Lastly, for now at least, is the question of transparency. Already dinged by the use of a personal email server during her State Department tenure, a move that has shielded the majority of her actions and decisions from public scrutiny, Clinton now has new questions to answer about donations made to the Clinton Foundation.

    Clinton’s disclosures have been somewhere between limited and non-existent. The New York Times:

    As the Russians gradually assumed control of Uranium One in three separate transactions from 2009 to 2013, Canadian records show, a flow of cash made its way to the Clinton Foundation. Uranium One’s chairman used his family foundation to make four donations totaling $2.35 million. Those contributions were not publicly disclosed by the Clintons, despite an agreement Mrs. Clinton had struck with the Obama White House to publicly identify all donors.

    “This failure,” says the New York Times editorial page, “is an inexcusable violation of her pledge.” The issue is not whether Hillary handed out favors as Secretary, but whether or not she can be trusted at all.

    Your call, America.




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  • Who Asked for Leniency for Petraeus for Leaking Classified Material? It’s Classified

    April 30, 2015 // 0 Comments

    Tags: , ,
    Posted in: Iraq, Post-Constitution America

    Petraeus Resigns

    Sluts all.

    After selling America a bill of goods that he claimed won Iraq War 2.0 (i.e., “The Surge,” yeah, how’d that work out Dave?), General Dave went on to head the CIA, where he strongly supported long prison terms for whistleblowers like Chelsea Manning and John Kiriakou, claiming in the latter case that secrecy oaths “do matter.”

    Then of course when it became his turn, General Dave happily handed over higher classified data than either Manning or Kiriakou even had access to, all to his adulterous lover and so-called biographer, Paula Broadwell. How’s that for a two-fer, violating both his oath of secrecy and his oath of marriage in one soggy gesture?

    But this is America, where justice is blind and all. Right?

    So when when David Petraeus was sentenced last week to a mere two years of probation and a fine that is only a fraction of what he gets paid to make a speech these days, questions were asked. Why did Petraeus get off, so to speak, so easily?

    Apart from the general sleaze in Washington DC, U.S. Magistrate Judge David Keesler said as part of the plea deal he received letters supporting leniency for the general. In fact, Keesler received nearly three dozen such letters, including some from “high-level military and government officials.”

    “The letters paint a portrait of a man considered among the finest military leaders of his generation who also has committed a grave but very uncharacteristic error in judgment,” Keesler said at the sentencing hearing.

    It might be interesting to see who in Washington supported a confessed leaker of highly-classified documents. But despite Petraeus’ light sentence being based in part on those letters, no one can see them. The letters were filed under seal by Petraeus’ lawyers, which the judge agreed to. No explanation was given by the lawyers or the judge about what public interest was served by keeping the authors and the contents of the support letters hidden.

    Several media outlets, from The Associated Press to The Washington Post, filed suit Monday with Keesler demanding that he unseal them. But unless the judge is also sleeping with Paula Broadwell (who, by the way, was never charged with unlawfully receiving classified documents) and also, um, leaks, we may never know.



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  • Colombian Oil Money, Moroccan Cash, Flows into Clinton Foundation

    April 10, 2015 // 0 Comments

    Tags: , , ,
    Posted in: Embassy/State

    colombia



    The flow of money from foreign governments seeking influence over Candidate/President Hillary Clinton continues at a steady pace; get used to it folks, it could be a long eight years of influence-buying.


    And have you money ready people, and step right up! No need to push and shove, there’s enough sleaze available for everyone!



    Moroccan Cash

    We start with the most current example, a $1 million donation from OCP, a phosphate exporter owned by Morocco’s leaders, to hold a high-profile conference next month in Marrakech. According to Clinton Foundation records, OCP previously donated between $1 million and $5 million to the charity in 2013.

    The OCP firm’s CEO is Mostafa Terrab, who also lobbied on behalf of the Kingdom of Morocco in 2013 and 2014, according to Justice Department records. Terrab filed papers under the federal Foreign Agents Registration Act showing that he worked for Morocco between November 2013 and May 2014, advising Moroccan government officials and helping them prepare for meetings with U.S. officials about economic development issues relating to Africa.

    Hillary is currently still scheduled to appear at what is called the Clinton Global Initiative Middle East and Africa Meeting, on May 5-7. Even if Hillary bows out, Bill and Chelsea will join Moroccan King Mohammed. Who else is expected? Executives from OCP and Coca-Cola, as well as the presidents of Rwanda and Tanzania, and senior officials from the United Arab Emirates and Egypt.

    Who are these nice folks Hillary will be hanging out with? The president of Rwanda, according to Human Rights Watch, heads a country where “freedom of expression and association remain tightly controlled. The government obstructed opposition parties and independent civil society organizations, and threatened its critics. Parliamentary elections resulted in an overwhelming majority for the ruling party, with no meaningful challenge. The leadership of one of the last remaining independent human rights organizations was taken over by pro-government elements.”

    Given Hillary’s campaign meme of support for women and girls, she probably already knows that “child marriage in Tanzania limits girls’ access to education and exposes them to serious harm. Human Rights Watch documented cases in which girls as young as seven were married.”

    At least everyone will have plenty to talk about as they stand around counting the money.

    So how’d the Clinton’s get hooked up with all these nice folks? OCP, the company who shelled out the $1 million on behalf of the government of Morocco, was connected with the Clinton Foundation by longtime Clinton supporter Stuart Eizenstat, of the powerhouse law firm Covington and Burling, which represents OCP in Washington.

    Eizenstat is a major Democratic donor who maxed out to Hillary Clinton’s 2008 presidential campaign and gives generously himself to the Clinton Foundation. And small world — During Clinton’s State Department years, OCP paid a team led by Eizenstat $760,000 to lobby federal agencies. Eizenstat previously served as Deputy Secretary of the Treasury, among other jobs, in the Bill Clinton administration. Oh, and remember Coca Cola, who’ll be at the conference? Eizenstat sits on their International Advisory Board.


    Colombian Oil Money

    According to International Business Times, as union leaders and human rights activists conveyed reports of labor violence to then-Secretary of State Clinton in late 2011 (the photo shows Clinton on a visit to Colombia as Secretary), urging her to pressure the Colombian government to protect labor organizers, she responded with silence. The State Department publicly praised Colombia’s progress on human rights, thereby permitting hundreds of millions of dollars in U.S. aid to flow to the same Colombian military that labor activists say helped intimidate workers.

    At the same time that Clinton’s State Department was lauding Colombia’s human rights record, her family was forging a financial relationship with Pacific Rubiales, the sprawling Canadian petroleum company at the center of Colombia’s labor strife. The Clintons were also developing commercial ties with the oil giant’s founder, Canadian financier Frank Giustra, who now occupies a seat on the board of the Clinton Foundation.

    IBT claims after millions of dollars were pledged by the oil company to the Clinton Foundation, supplemented by millions more from Giustra himself, Secretary Clinton abruptly changed her position on the controversial U.S.-Colombia trade pact.

    Having opposed the deal as a bad one for labor rights back when she was a presidential candidate in 2008, Clinton promoted it as Secretary of State, calling it “strongly in the interests of both Colombia and the United States.” The change of heart by Clinton and other Democratic leaders enabled congressional passage of a Colombia trade deal that experts say delivered big benefits to foreign investors like Giustra.

    The examples of Morocco and Colombia are only the most recent; read more about the way money flows from foreign governments and corporate donors through the Clinton charities.




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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

  • State Department Diplomatic Security Employee Arrested on Child Porn Charge

    March 21, 2015 // 0 Comments

    Tags: , ,
    Posted in: Embassy/State

    peter-meyers-300x194

    A State Department Diplomatic Security employee with high-level access to government IT and security resources was arrested in Broward County, Florida on a federal charges of possessing child pornography.


    FBI agents took Peter Meyers, 53, pictured, into custody. Law enforcement officials stated they found 50 video files and eight image files depicting child pornography on Meyers’ computers and laptops. Meyers was making the videos and images available to pedophiles worldwide via file-sharing networks.

    Some of the files were named “Bedtime Rape” and “Camping Tent Incest” and showed girls and boys, including toddlers and children as young six and nine years old, being sexually abused. Meyers said the computers were for personal use, agents said.

    Investigators said he came to their attention in February when they identified an Internet address in Broward County that was sharing computer files depicting the sexual abuse and exploitation of underage children.

    According to his Facebook and LinkedIn pages, Meyers has worked as a security technical specialist for the U.S. Department of State since 2003. His work duties included testing security systems, assisting in the technical aspects of criminal investigations and traveling to overseas embassies and consulates, according to his online resume.

    A State Department spokesperson said “The employee’s security clearance will be suspended and he will be put on administrative leave while this proceeds through any judicial process.

    Want more State Department sleaze? Here you go.



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  • State Department’s Top Counter-Terrorism Official Arrested in Child Sex Sting

    February 25, 2015 // 0 Comments

    Tags: , ,
    Posted in: Embassy/State

    rosen

    Who are the real terrorists threatening actual citizens?

    Daniel Rosen, the State Department’s top counter-terrorism official, was arrested Tuesday for allegedly soliciting sex from a minor. If found guilty, Rosen faces up to 30 years in prison.

    Fairfax County, Virginia law enforcement officials say Rosen, age 44, was arrested at his home after he allegedly sought sex with a minor. A female officer working in the county’s Child Exploitation Unit had been posing as the minor in online exchanges with Rosen, police said.

    The State Department’s spokeswoman said “We are aware that a State Department employee has been arrested and charges have been issued. For issues related to Department personnel and for privacy reasons, we are not able to confirm the identity of the individual or specific charges. His security clearance will be suspended and he will be put on administrative leave while this proceeds to its end through any judicial process. We are following standard procedure in this case.”

    “Administrative Leave” means that Rosen will be paid his full salary and accrue benefits for the indeterminate future.

    Fox News reports a source with Diplomatic Security, the State Department internal police force, said that law enforcement officers were “hitting [Rosen’s] phones,” meaning that a search warrant had been issued so police could examine the devices for additional evidence.

    The Los Angeles Times reports that it is unclear whether Rosen is alleged to have used personal or State Department-issued devices to troll for underage sex online.

    Rosen’s LinkedIn profile claims he is responsible for all of State’s Counter-Terrorism Bureau’s strategic planning, policy planning, program and budget planning and oversight, and legislative relations and interaction, and that he oversees a budget of $300 million per year. He is State’s primary representative on terrorism at interagency and international meetings, conferences, and Congressional briefings.

    It appears Rosen is not a career State Department employee, having been with the agency since 2008. It is unclear whether he is a Civil Servant or a political appointee. His name appears to have quickly been deleted from the State Department website.


    BONUS: Rosen joins a long list of alleged and actual State Department employees involved in sex crimes!



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  • Barrett Brown Went to Jail for My Sins

    January 23, 2015 // 0 Comments

    Tags: , ,
    Posted in: Democracy, Post-Constitution America



    This– THIS LINK— could have sent me to jail. Another link came very, very close to sending Barrett Brown to jail. Brown was just sentenced to five years in jail on other charges that the government could make stick, in another step towards the criminalization of everything.



    The United States v. Barrett Brown

    Brown, pictured, 33-years-old, was arrested in 2012 after his and his mothers’ homes were raided and he used “threatening” language toward FBI officers in a response posted to YouTube. He was subsequently accused of working with hackers, whose efforts yielded a huge tranche of embarrassing and revealing information concerning misbehavior and sleaze at U.S. government contractors, primarily Stratfor.

    Among the secrets exposed were collaborative efforts between the government and private contractors to monitor social networks, and to develop online surveillance systems.

    The charges against Brown included the claim that merely linking to the leaked information was illegal, an alleged crime for which prosecutors sought decades in prison. Brown ultimately signed a plea deal on three lesser charges: transmitting a threat (the YouTube video), trying to hide a laptop computer during a raid, and to being “accessory after the fact in the unauthorized access to a protected computer.” He spent a year awaiting trial in federal prison, and was subject to a six-month gag order prohibiting him from even discussing his case with the media.

    On January 22, a Dallas court sentenced Barrett Brown to 63 months in federal prison, minus time already served. He was also ordered to pay $890,000 in restitution to the Stratfor Corporation.



    Who is Barrett Brown?

    Barrett Brown is an internet guy. He may or may not have been involved with web naughty boys Anonymous (he denies the association) and most certainly was deeply involved with broad free speech issues online. In 2011, Brown posted a link in a chatroom, pointing to data that was obtained during the late-2011 hack of Stratfor Global Intelligence. The link pointed to documents on the Wikileaks site. The docs are still there.

    The government arrested Brown and charged him with a number of offenses, the most significant of which was for posting that link. The link, the government contended, exposed enormous amounts of credit card information, a crime. Not mentioned by the government, the link also documented discussions of assassination, rendition and how to undermine journalists and foreign governments, plus the social media stuff mentioned above.

    To be clear, neither the government nor anyone else accused Brown of stealing the info himself, or misusing the info to use others’ credit cards, physically possessing the information, hosting it on a server he controlled or anything like that. His crime was simply linking to data that already existed on the Internet and which was already available worldwide for viewing.



    Looking for a Test Case

    Prior to Brown pleading guilty to the three lesser counts he was sentenced for January 22, the government dropped the other charges related to linking as a crime. Though the government in its Motion to Dismiss gave no reasons for its decision, the implication is that while they were clearly looking to set a precendent on the Brown case, they did not want that precedent to be a loss. Better to let a small fry like Brown swim away than risk the greater goal.

    What kind of test case? Having failed to find any legal or otherwise effective way to deal with sites like Wikileaks, or the publication of classified materials elsewhere on the Internet such as the Snowden documents, the government is taking a side-step in seeking to punish those that use, view or handle the material itself.

    For example, when the Wikileaks information first started pouring out across the web, most government agencies blocked access to the data via their firewalls, claiming the content was still classified and thus could not be viewed on a government computer even while it could be viewed on any other web-connected computer from Cleveland to Karachi. Similar blocks have been put in place to prevent much of the Snowden material from being viewed at various work sites.



    Before Barrett Brown, Me?

    The attempt by the government to punish people for links to “objectionable” material did not start with Brown. Though I can’t promise I was the first test case, I was certainly an early attempt.

    In 2010 the Department of State suspended the Top Secret security clearance I had held without incident or question for over twenty years because I linked to a supposedly classified document on the Wikileaks site from my blog.

    State referred my linkage to the Department of Justice for prosecution in fall 2010. When Justice declined without reason to pursue the case, State took the non-judicial action of “temporarily” suspending my security clearance indefinitely, because of the link. State claimed that via that link I revealed classified information publicly, a major no-no for cleared personnel and sought to fire me. As in the Brown case, in the end State choose not to pursue charges, again without comment. I was defended by several excellent lawyers, and retired from State on my own terms, including no gag orders.

    There may be other such link cases out there that we do not yet know of. They may be classified, or the parties involved may be under gag orders, as was Brown.

    Who’s Next?

    There appears little question that the government is testing the concept, looking for a case that it can win that would criminalize linking. From the government’s point of view, the win would pay off handsomely:

    — With use of their content criminalized, sites like Wikileaks would slip beneath the world radar. People would be increasingly afraid of reading them, and the crowdsourcing critical to sifting through millions of documents would slow down significantly.

    — In cases the government saw as particularly dangerous, people would disappear into jail. With a precedent set in a “good” test case, winning such prosecutions would be rote work for interns. Is there a link? Did Ms. X create the link? Does the link go to classified information? It’s a slam dunk.

    — Best of all from a control standpoint, prosecuting links will have a chilling affect. Many people will simply be afraid to take the chance of legal trouble and stop creating links or following them. That will certainly be the case among the main stream media, already far too skittish about security matters. One wonders what effect such prosecuting of links will have on search engines like Google, essentially little more than a collection of links.

    Another step toward a post-Constitutionalization of America is the creeping criminalization of everything. If every act is potentially cause for prosecution, the ability of the government to control what people do or say grows.

    So while we still can, better hit these links: Wikileaks, Cryptome, some Snowden.

    Who could have guessed that in 2015 a click of the mouse would be a subversive act?



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  • State Department Quashed Investigations into McGurk Sex Caper

    October 21, 2014 // 0 Comments

    Tags: , , , , ,
    Posted in: Embassy/State, Iraq

    mcgurk cheats


    Long-time readers of this blog will remember the name Brett McGurk. Embarrassing emails he sent using a U.S. government computer system in Iraq surfaced in 2012, just as he was heading into confirmation hearings to become America’s ambassador to Baghdad. We now learn that the State Department’s efforts to investigate the incident were quashed, in part by some of the same people involved in State’s handling of the post-Benghazi fall out.

    The McGurk Story

    McGurk worked in Iraq under multiple U.S. ambassadors and through both the Bush and Obama administrations. He was present at nearly every mistake the U.S. made during the years of Occupation. In return for such poor handling of so many delicate issues, McGurk was declared “uniquely qualified” and Obama nominated him as America’s ambassador to Baghdad in 2012.

    Unfortunately, around that same time a series of near-obscene emails appeared online, showing a sexual relationship between the then-married-to-someone else McGurk, and a then-married-to-someone else female reporter assigned to Baghdad. The emails suggested a) that official U.S. government communications were being used to arrange nooky encounters; b) that McGurk may have shared sensitive information exclusively with this one reporter as pillow talk; c) that he may have ditched his security detail to engage in his affair and d) rumors circulated that a McGurk sex tape, featuring a different woman, existed.

    McGurk withdrew his nomination for ambassador and was promptly appointed by the State Department as Deputy Assistant Secretary of State for Iraq and Iran, a position without the title of ambassador but one with a significant role in policy making. Conveniently, the position was not competed and did not require any confirmation process. McGurk just walked in to it with the thanks of a grateful nation.

    An Investigation

    Still, senior officials behaving poorly can damage the credibility of a nation, and so State’s Office of Diplomatic Security (DS) was asked to investigate McGurk’s actions. State’s Office of the Inspector General (OIG) later stepped in to look at the question of whether or not “undue influence” was applied by senior Clinton officials to that Diplomatic Security investigation so as to allow McGurk to emerge squeaky clean.

    It seems we now know what may have happened with that investigation. It was, in the words of CBS News, quashed.

    As part of a release of OIG reporting into various State Department acts of debauchery, prostitution, child solicitation and other such acts, we learn this:

    The third DS internal investigation in which OIG found an appearance of undue influence and favoritism involved the unauthorized release in mid-2012 of internal Department communications from 2008 concerning an individual who was nominated in early-2012 to serve as a U.S. Ambassador. (The nominee’s name was withdrawn following the unauthorized release.) DS commenced an internal investigation related to the unauthorized release of the internal communications. The then Chief of Staff and Counselor to the Secretary of State [Cheryl Mills] was alleged to have unduly influenced that investigation.

    OIG found no evidence of any undue influence by the Chief of Staff/Counselor. However, OIG did find that the Assistant Secretary of State in charge of DS [Eric Boswell] had delayed for four months, without adequate justification, DS’s interview of the nominee, and that delay brought the investigation to a temporary standstill. OIG concluded that the delay created the appearance of undue influence and favoritism. The case was ultimately closed in July 2013, after the nominee was interviewed and after DS conducted additional investigative work.


    Some are More Equal Than Others

    Small world: Both Cheryl Mills and Eric Boswell of the McGurk case were deeply involved in State’s post-Benghazi actions.

    Now, let’s break down some important parts of the OIG report. First, Diplomatic Security commenced its work by trying to track down the person who released the naughty emails, claiming they were “internal Department communications” even though they dealt with purely personal matters. Never mind what the emails revealed, DS’ first move was to try and hunt down the whistleblower.

    While OIG could not find evidence of undue influence per se, they certainly found an “appearance” of such. Finally, we learn that the center of all this, the man seeking a senior position inside State, McGurk, was never even interviewed for four months by Diplomatic Security, and no adequate reason was given for why that delay was allowed to take place. In the short-attention span of Washington and the media, four months might as well be four years.

    Where are They Now?

    It would be easy to dismiss all this as business as usual in Washington (it is), or sour grapes on my part (a little) or even an I-Told-You-So on my part given the role I played in seeing McGurk’s indiscretions reach a wide audience (guilty).

    But this is not just about me, no matter how much that was part of my motivation to write about the topic. It is, at the end of the day, about how our nation’s policies are created, managed an enacted, because the people and systems I’ve written about here do that.

    So where are they all now? McGurk, as we know, is deeply involved in America’s new war in Iraq. The reporter who appeared to have slept with her source still works for a major media outlet. Eric Boswell, who quashed the investigation into McGurk, was reassigned and then allowed to retire post-Benghazi. Cheryl Mills remains one of Hillary’s closest advisors and is expected to play a significant role in any Clinton administration.


    BONUS: The OIG report cited above was first surfaced by the best State Department blog out there, Diplopundit.



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  • The Tao of Political Ambassadors

    February 17, 2014 // 0 Comments

    Tags: ,
    Posted in: Afghanistan, Democracy, Embassy/State

    The United States is the only first world nation that allots ambassador jobs as political patronage.

    You don’t have to know anything, or have any specific background or training, to be the president’s personal representative abroad and conduct foreign policy on behalf of the World’s Most Powerful Nation (c). You do have to donate heavily to the president to buy one of those appointments.

    Back during my own 24 years working for the State Department as a diplomatic serf my mother asked what I’d have to do to make ambassador. The answer was simple: dad needed to die young, and mom should donate the entire inheritance to the winner of the next presidential election. I’d get appointed and hobnob with State’s elite!

    For so many reasons, I am glad dad is still alive.

    What is an Ambassador?

    The U.S. ambassador is the head of the embassy in a particular country, and serves as the senior representative for the United States there. S/he interacts personally with important leaders of the host country, negotiates on behalf of the U.S. and serves as America’s public face and mascot, appearing in the media, making public appearances and hosting social events that in some parts of the world are the primary venue for serious business. Some say it’s an important job. Guys like Ben Franklin and Thomas Jefferson did it once.

    Embassies are otherwise primarily staffed by foreign service officers, folks from the State Department who are diplomatic professionals. The question here is between those two groups– political hacks or trained professionals– who should be an ambassador?

    Is the U.S. Exceptional?

    The U.S. is exceptional, because every other major country in the entire known universe answered the question already: being an ambassador is a job for professionals. It makes sense that a person who likely has already served in a country, who probably speaks the language and who is familiar both with U.S. foreign policy and the mechanics of diplomacy might do a better job than a TV soap opera producer who turned over $800,000 to the president’s campaign (true; see below.) Why, in almost any other setting other than U.S. politics, that would be called corruption.

    Bipartisan Patronage

    A quick note to people of the internet. Every political party in power doles out ambassadorial appointments as patronage, and has, from the 19th century to the present day. Democrats, Republicans, Whigs, the Boston Tea Party and all the rest did it and do it. Obama is slightly ahead of the 30 percent historical average, though many pundits are over-weighing his second term picks because he is filling his First Class (i.e., political posts) before the generally mediocre locations allocated to career jobs. This is true bipartisan sleaze, an issue we can all get into regardless of our views on other issues.

    Yet despite the clear record of patronage, the State Department insists that political campaign donations have nothing to do with diplomatic nominations. “Either giving or not giving money doesn’t affect either way. It doesn’t make you more or less qualified,” deputy spokeswoman Marie Harf told reporters this week. Talk about your credibility. You could almost watch it drain out of the spokeswoman as she spoke the words with a straight face.

    Why It Matters

    Many, many politically appointed ambassadors are frighteningly unqualified. Sure, many don’t have a clue about the country they’ll serve in and very, very few have any language skills or experience in diplomacy. Some haven’t even been abroad, except maybe a bus tour or two. The latest crop, however, are reaching new heights of stupidity:

    –The nominee to China admitted he’s no expert on China;

    –The nominee to Argentina never set foot there and speaks no Spanish. Same for the nominee to Iceland, who never visited and also does not speak Spanish, though that is less important in Iceland;

    –The nominee to Norway insulted their government in his Senate approval hearing (he was approved by the Senate anyway!)

    –Then there is Colleen Bell, the nominee for Hungary, whose qualifications include being the producer of “The Bold and the Beautiful” TV soap opera, and of course raising $800,000 for Obama. She stammered her way through testimony to the point where John McCain basically begged her to just shut up as a kind of mercy killing.


    Political Appointees in the Wild

    What happens to these kinds of boneheads abroad is not hard to imagine. Some wonderfully extreme cases include the American ambassador to Finland, who sent out official Christmas cards with him in “Magic Mike” beefcake poses and whose signature accomplishment is basically renovating his own office. A political appointee ambassador to Kenya paralyzed his embassy with personnel demands, including internet access in his executive toilet. The political appointee ambassador to Belgium was accused of soliciting sexual favors from prostitutes and minor children.

    As for many other political appointees, some, like Caroline Kennedy in Japan, understand they are just living photo-ops and stay out of the way of the adults working (which may sum up Kennedy’s entire life.) A few appointees become sentient and actually turn out to be decent managers based on their business backgrounds before being sidelined by State’s incestuous culture. The best political appointees are old pols like Howard Baker, whose Washington connections and political savvy make them at least effective stooges for the president’s personal political agenda, if not always America’s.

    Why It May Not Matter

    The bad news is that there are equal inconsistencies on the side of State Department professionals who become ambassadors outside the political appointee spoils system.

    Many, especially to smaller nations (think Africa, parts of the Middle East), have spent most of their careers in the neighborhood, and have built up significant, trusted relationships. Many of these career ambassadors got to know young leaders long ago, and have kept the relationship intact as those men and women ascended into positions of authority. Pretty cool to call your old buddy and sort out a diplomatic problem using first names and shared experiences as a base.

    There are exceptions to excellence; watch one of our career ambassador’s in a Congressional hearing not know how much money his embassy is spending in Afghanistan nor the U.S. death toll for the year.

    Unfortunately, even for out-of-the-way places, it is very hard to make it to ambassador without sucking up to State’s big shots, even if you have the chops to do the job well. Every careerist at State (i.e., everyone) wants that title, the big house and the limo that comes with the job. As an autocracy, just being the most qualified for anything inside State is rarely enough. That leaves plenty of suck ups, wankers and toadies of the higher ups mucking around to get into an ambassador’s chair. It’s unavoidable.

    The last sticking point on why foreign service officers can make lousy ambassadors is the dual nature of the job. While in most cases the ambassador’s primary task is headline-level “policy,” s/he also is the head of the embassy. Many administrative and personnel issues rise to the ambassador’s office. Most State Department ambassadors have gotten as far as they did based nearly 100 percent on those policy things, and many thus make very poor managers. The best defer the decisions to their own management staff; the worst dive in, wielding power without responsibility and the very worst use the position to settle old scores and promote the interests of their own lickspittles.

    Why It Really, Really Doesn’t Matter

    Critics of political appointee ambassadors inside State are quick to point out that people don’t get appointed as generals in the military. Senior leaders in the Army are expected to have come up through the ranks. Admirals have captained ships. Marine generals have eaten snakes, that sort of thing.

    The reason big campaign donors don’t get appointed as generals in the military is because what generals do can matter, matter beyond at least embarrassing the nation. Not to say all or even most generals make the right calls, but to say that generals need technical knowledge of the services they work for, and the decisions they make literally affect lives and can shape world events.

    Ambassadors are increasingly becoming curios left over from a distant past, before instant worldwide telephone and internet communications, before senior White House officials could jet around the world, a past when ambassadors actually had to make big decisions in far-off places. Nowadays most ambassadors don’t change their socks without “conferring with Washington.” Their own jobs matter less and less, as does the State Department they work with.

    So never mind ambassador slots, which often stay empty for months as donors wrangle for the prime positions. A Government Accountability Office (GAO) report shows that more than one fourth of all U.S. State Department Foreign Service positions are either unfilled or are filled with below-grade employees. These vacancies and stretches at State are largely unchanged from the last time the GAO checked in 2008.

    In government, what matters most gets funded most. There are more military band members than State Department foreign service officers. The whole of the Foreign Service is smaller than the complement aboard one aircraft carrier. The State Department is now a very small part of the pageant. The Transportation Security Administration has about 58,000 employees; the State Department has 22,000. The Department of Defense has nearly 450,000 employees stationed overseas, with 2.5 million more in the U.S.

    In an age of military ascendancy, when State and diplomacy are seen as tools to buy time for later military action instead of as potential solutions themselves, it just might not matter who is ambassador anymore. Of course the man or woman in the chair might best avoid sexual solicitation of minors and inane, embarrassing acts, but really, that’s just a nice thing, not a requirement.

    Old-school political patronage was about giveaways, handing over some largely ceremonial job to a hack. The medieval kings had it down, appointing dukes and grand viziers and equipping them with plumed hats and lots of gold braid while ensuring they stayed out of the way.

    Political appointee or career foreign service officer as ambassador? Why does it matter?



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  • The Sad Intramural Horseplay of a Decadent Organization Eating Itself

    February 7, 2014 // 0 Comments

    Tags: , ,
    Posted in: Embassy/State

    State Department employee Jeremy Yamin used official letterhead to write to Homeland Security about a visa for his maid.

    State said using its letterhead for this purpose was against its rules, and after a lengthy process, punished Yamin with a one-day suspension. Yamin challenged this through State’s internal process, and State was forced to rescind the one-day suspension.

    The process of defending himself cost Yamin over $71,000, and now he is suing in U.S. District Court for State to reimburse him, as, he contends, they are required to do. The process is headed into Year Two.

    CONCLUSION: The people at State are all clearly insane, and taxpayer money is being wasted on disciplinary processes that make no sense and do not stand up to scrutiny.

    The Facts

    According to court documents, Yamin was abroad and wrote four papers letters, on State Department printed letterhead stationery (remember that from grandpa’s office?), to the Department of Homeland Security regarding a work visa for his foreign maid. He wanted to bring the maid with him from overseas for his domestic assignment in Boston. That’s what happened, nothing more, nothing less. There were no accusations of fraud or any concerns on the part of State about the contents of the letters per se, only that they constituted “personal” use by Yamin of official stationery.

    COMMENT: For better or worse, many Foreign Service personnel bring domestic help from overseas back to the U.S. with them. This is a common thing. When hiring a domestic overseas, the U.S. embassy almost always is officially, directly in involved in the domestic’s visa processing with the host country. In many countries, an actual diplomatic note is formally issued by the embassy. Not withstanding any rules about stationery, it is not unreasonable to believe visa processing within the U.S. might fall within the broad realm of “official” correspondence, especially when the writer did not misrepresent himself i.e., “I am writing on behalf of the Government of the United States to inform you…” or his purpose.

    State nailed Yamin for his offensive use of stationery. Yamin fought back, employing a legal team, and won. State was forced to rescind the one-day suspension.

    In cases where State loses such grievances, the law allows for reimbursement of “reasonable attorney fees.” Yamin presented documents showing he paid out over $71,000 in such fees. For those of you lucky enough not to live in D.C., lawyers there charge $300 bucks an hour. State said they found only about $12,000 in fees “reasonable,” based on their own finding that Yamin’s lawyers held an “unnecessary” hearing, even though Yamin had a legal right to hold such a hearing. So, faced with over $59,000 in out-of-pocket costs, even though State was found wrong in punishing him as they did, Yamin is back in court suing State for the cash.

    Who Cares about the Taxpayer?

    At some level, who cares that State enthusiastically punishes lower level employees for minor infractions, while senior people’s actions end up under FBI investigation while they skate away unpunished. That’s just the sad intramural horseplay of a decadent organization eating itself.

    What we all should care about is the insane expenditure of taxpayer money in pursuing minor infractions, if they are in fact infractions, especially when State is clearly proven to have erred in its decision. Whatever Yamin did, compared to forced abortions, fake receipts and sex with subordinates in Naples, it was just not that big a deal. Even after Yamin’s lawyers pointed out State’s mistakes, the Department continued to fight to the bone not to admit them. When clearly found in the wrong, State doubled down to not pay legal costs and pushed the case into the courts. A government attorney will have to defend the case and, if State loses, the government will end up paying even more of our money out to Yamin’s attorneys.

    What it Means

    We have here an organization that has lost contact with the gravity that holds most of us to the earth. Minor things are conflated into big things, while big things are to the limits possible swept under the rug. Senior officials get away with much, lower officials get away with little. Taxpayer money is spent freely and irresponsibly to maintain such a system. Even when it realizes it is in the wrong, State doubles down to try and slam its own employees who dare challenge the great and powerful Oz. If an aggrieved employee does not hire a lawyer s/he is at the mercy of State. If a lawyer is hired, State will punish the grievant financially.

    BONUS: State makes no real effort to publish its grievances, and exerts much internal pressure on all parties to not bring the cases into daylight even when public courts are involved. Many thanks to Diplopundit for his/her efforts to keep these cases in front of the taxpayers.




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  • State Dept Whistleblower Email Hacked and Laptops Stolen from Lawyer’s Office

    January 29, 2014 // 0 Comments

    Tags: , , , ,
    Posted in: Embassy/State

    Probably just a coincidence but…

    The personal Gmail account of a State Department whis­tle­­blower, Richard P. Higbie, a diplomatic security agent, was hacked, and four years worth of messages — some detailing alleged wrongdoing at the agency — were deleted. The emails allegedly included evidence about misconduct by top officials at the Department, communications with other potential whistleblowers, and correspondence with members of Congress who are investigating allegations of misconduct by State Department employees to include use of prostitutes, soliciting child sex and more. See the sleazy details here.

    According to the New York Times, information hacked raises a flurry of questions about the management of the State Department under Hillary Rodham Clinton. Higbie, a senior criminal investigator and the second-highest-ranking agent with the service’s Dallas office, has an employment lawsuit against the State Department, alleging it retaliated against him.


    Another Coincidence

    Another coincidence is that in July 2013 Higbie’s lawyer’s office was broken into, though only three laptops were taken. Other valuables in clear sight were left untouched. The burglars entered the law offices by busting through a wall. The burglars were seen on surveillance video, and the lawyers claim they know where the laptops may be via IP tracking software, but so far no arrests have been made.

    Another Coincidence

    Another coincidence is that at the time of the break-in and stolen laptops, Higbie’s lawyers were also representing another State Department whistleblower, Aurelia Fedenisn, a former investigator for the Department’s inspector general. She revealed in June a pattern of alleged cover-ups by top department officials. The alleged cover-ups included keeping quiet separate IG investigations that found that members of then-Secretary Hillary Rodham Clinton’s security detail had engaged hookers and that the U.S. ambassador to Belgium solicited underage prostitutes. These were among a string of investigations by the service, responsible for protecting dignitaries and investigating crimes within the Department, that were allegedly derailed by senior officials, including one instance of interference by Clinton Chief of Staff Cheryl Mills. Mills is expected to play a significant role in a Hillary administration, and was also rumored to have squashed any investigation into the sexual shenanigans of State Department employee Brett McGurk.

    Another Coincidence

    The lawyers for both State Department whistleblowers made an interesting comment concerning the break-in at their offices. ““We do not believe the federal government officially authorized the actions. We are very suspicious and do believe it definitely has the insinuations of a political crime. Meaning, the individuals who broke into our office were looking for information that has significant ramifications.”

    Legal folks are familiar with the term cui bono, commonly used to suggest that the person or people guilty of committing a crime may be found among those who have something to gain. That said, any speculation that the email hacks and the break-ins have anything at all to do with protecting the reputation of Hillary Clinton are without evidence. For now.

    2016!!!!!!!!!!!!!!!!!!!!!!!



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  • Sex, Lies and Rotten Meat at the American Consulate in Naples

    November 13, 2013 // 0 Comments

    Tags: , ,
    Posted in: Embassy/State

    The New York Post reports that Ms. Kerry Howard, the community-liaison officer at the U.S. Consulate in Naples, claims she was run out of her job with the State Department after complaining about the consul general’s alleged office trysts with subordinates and hookers.

    Ms. Howard stated she had been bullied, harassed and forced to resign after she exposed US Consul General Donald Moore’s (pictured, left) alleged security-threatening shenanigans in the Naples, Italy, office. She explained that when she revealed allegations about her boss, State Department officials swept it under the rug, according to an Equal Employment Opportunity complaint she filed with the Department’s Office of Civil Rights. This blog has covered this story briefly before, but we now have new information, exclusive to this blog.

    Needless to say State declined to comment to the Post. Ms. Howard resigned. Consul General Moore took another assignment elsewhere for State. In the insular world of Foggy Bottom, problem solved.

    EXCLUSIVE: Here’s More about Moore

    Lawrence Kelly is an attorney in New York representing Kerry Howard, the woman in the New York Post articles who raised the concerns about Naples.

    Kelly’s bio has him previous serving as Senior Rule of Law Advisor for the State Department on a Provincial Reconstruction Team in southern Iraq. He also does pro bono works for 9/11 victims (Trial Lawyers Care) and with TSGLI, a lump sum disability benefit for seriously wounded service members. While we have no way to verify the following statements, the State Department sure as heck can, and we invite their comment.

    Here’s attorney Lawrence Kelly, today’s guest blogger, with more on Naples:

    When the United States is interested in a foreign country, it likes to have a big footprint. What happens to the locals who interact or work with Americans when the Americans lose interest? There is a precedent. In the seventy years since the end of World War II, generations of European families have worked in American embassies and consulates as locally employed staff. If the recent treatment of locally employed staff in the consulate in Naples Italy is any indication, the locals might want to keep a consigliere on retainer.

    The New York Post has done two stories on the consequences to the careers of American whistleblowers in the Foreign Service confronting the abysmal activities of senior management in these European posts. Even worse, and not yet disclosed in the media, are the stark consequences for the locally employed staff of being in the wrong place and observing the misbehavior of senior State Department staff. The United States has shown itself to be ungrateful, arrogant and malicious in destroying the lives of locally employed staff to cover up for American misdeeds.

    The State Department standard of care has devolved into the Clinton query “what difference does it make?” I have obtained statements from the locally employed staff separated from their Naples Consulate employment. Their observations include the following [Note: Kelly supplied these translations, along with Italian language originals]

    “XXX receives in his apartments women of dubious morality, sleeping with them during working hours. …More seriously, I have seen the falsifying of the accounts for food for guests and dignitaries. XXX making them much higher. In addition, he was seeing a psychiatrist attending many sessions and her diagnosis was is mentally unstable, how can it be that a man so mentally unstable be in such a position? During one attack of anger he destroyed the courtyard of the Consulate two metal umbrella containers, taking them kicking and throwing them from the apartments above.”

    “I have witnessed in my working things like; XXX received in his residence women who dressed as prostitutes…he had often the habit to cook rotten foods, for example when he was the host of the British Consul General he served meat that had expired in 2010. He also falsified receipts for the costs of his events.”

    “XXX (definitely a very despicable person in my opinion”)… advised (a locally employed staff member he had impregnated) forced is a more accurate term to have an abortion…XXX had promised her that she would be able to remain working at the consulate. There are close circuit television tapes that can confirm everything that I say….a man who forces a woman to have an abortion is what kind of man?”

    So, as Secretary Clinton would ask, what difference does it make? Families who served the United States for seventy years are thrown away by a feckless United States, discharged from their employment, because the State Department was unable to control or contain senior managers. During the entirety of the Clinton era at the State Department, there was no congressional designation of an Inspector General. Internal investigations were instead run by Foreign Service veterans with close personal ties to existing senior management. Locally employed staff were disposable during an era when suppression of embarrassing details were the governing rules of the road. Regional Security Officers were used to suppress dissent, and morally outraged foreign service officers who raised red flags were admonished, curtailed or forced to seek transfer out of the assignment.

    As for the future, it is little consolation that individuals at the top of the pyramid in Italy during this period have now been moved to the State Department nerve center, the Seventh Floor of Main State. David Thorne, John Kerry’s former brother in law and Yale roommate, was Ambassador to Italy during this time, and the consequences to the locally employed staff of his tenure are fairly represented by the termination of six long term employees whose crime was simply knowing the truth about the Americans in charge of the Consulate.

    The stark consequence to the local employees is that a message has been sent. Americans are not to be trusted. Even by their fellow Americans.

    We’ll have more on this situation in the near future Friday, November 15, so please check back!




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  • Naw, This is Nothing (Break-in at State Dept Whistleblower Lawyer)

    July 28, 2013 // 0 Comments

    Tags: , , ,
    Posted in: Democracy, Embassy/State




    This article originally appeared on the Huffington Post.

    I get a lot of conspiracy emails at my blog, wemeantwell.com. Various “truthers” want me to believe that the CIA or the Mossad or the Spiders from Mars did 9/11, and that Obama was born on the Planet Mongo and is thus not even human, never mind an American Citizen. C’mon folks, try it again, using “facts” this time.

    At the same time, I find myself worrying a bit. Stuff that fell into the conspiracy theory catalog last year now is old news: the government is indeed reading your email, your snail mail, your Facebook, all the while listening in on your calls. Torture and indefinite extra-judicial imprisonment are just another thing the government does. Whatever really happened to bin Laden will likely never be known, as the records were secretly moved into CIA hands where they will not be subject to Freedom of Information Act requests. Drones have been used in the U.S. Oh, and a secret court is making secret laws that affect all of us, in secret.


    So, given all that, this next item is probably nothing. Another coincidence.


    Two burglars broke into a Dallas law firm, bashing through a wall, and stealing only three computers while leaving other valuables behind. The law firm targeted represents State Department whistleblower Aurelia Fedenisn. Fedenisn revealed that she’d seen internal investigations called off by higher ups. The State Department accused her of removing “highly sensitive, internal documents” containing “personal information and unsubstantiated allegations,” and explained that it was working to secure the documents once again. The thieves also tried to pry open a filing cabinet at the lawyer’s office. Coincidence.

    An office across the hallway from the whistleblower’s lawyers that was left unlocked and was full of valuables, as well as fourteen other computers, was untouched by the thieves. Coincidence.

    Not too long ago, a thief entered the offices of the Government Accountability Project, one of America’s premier whistleblower representatives, and stole only some attorney laptops. Nothing else, not even purses left out. The theft occurred just as the government’s case against NSA whistleblower Tom Drake was collapsing. His attorneys’ computers were taken. Coincidence.

    In 1971 John Ehrlichman, assistant to president Nixon, approved a covert operation to break into Pentagon Papers whistleblower Daniel Ellsberg’s psychiatrist’s office and examine his medical files. The purpose was to get a “mother lode” of information about Ellsberg’s mental state to use to discredit him.

    Naw, I think I’ve just seen to many spy dramas on TV lately. I mean, who could think that the government would be involved in anything like breaking into a law office in search of info on one of its whistleblower critics?

    Also coincidences: Death of Andrew Breitbart, the coroner who handled Breitbart’s case and died of arsenic poisoning, and Michael Hastings, where the LAPD refuses to release the accident and toxicology reports, or make the crashed Mercedes available for inspection. Nothing to see here you proles, go about your business.




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  • U.S. Wastes $2.3 Billion on Messed Up Afghan Air Force

    June 28, 2013 // 0 Comments

    Tags: ,
    Posted in: Afghanistan, Military

    In Afghanistan its money not trash thrown awayI usually don’t just re-sling press releases back at ya’ without too much comment or additional information, but the sleaze squirting out of the Special Inspector General for Afghan Reconstruction’s (SIGAR) office is almost impossible to otherwise keep track of in both volume and awfulness.

    To save you some time, I totaled up the expected costs mentioned below: $771.8 for aircraft purchase, $553 million to the Russians and, at $109 million a year for ten years for ongoing logistics support, over $1 billion. Total = over $2.3 billion dollars in blatant waste. Ka-ching!!!!!!!!

    So, without further introduction, here is another snapshot of how your tax money is being spent in America’s 51st state, Afghanistan.

    SIGAR’s audit of the Afghan Special Mission Air Wing (SMW) found that the Department of Defense is moving forward with a $771.8 million purchase of aircraft even though the Afghans lack the capacity to operate and maintain them. Furthermore, DOD awarded $553 million to Rosoboronexport, a Russian government agency, even after receiving SIGAR’s recommendations that moving forward was imprudent.

    Among the report’s findings:

    –NATO and DOD do not have a plan with milestones and dates for achieving full strength for the SMW to justify the fleet size.

    –DOD performs 50% of maintenance and repair, and 70% of critical maintenance & logistics management for SMW and does not have a plan for transferring these functions to the Afghans.

    –SMW had less than one-quarter of the 806 personnel needed to reach full strength and during the length of the audit made no tangible growth.

    –Only seven Afghan pilots are qualified to fly with night vision goggles, which is necessary for most counter-terrorism missions.

    –Difficulty finding recruits who are literate and do not have associations with criminal/insurgent activity has slowed the growth of the SMW.

    –Afghan Ministries of Defense and Interior do not have an agreement on the SMW command and control structure, impacting growth and capacity.

    –DOD task orders to provide maintenance, logistics, and supply services lack performance metrics and oversight has been inadequate.

    –DOD intends to provide an additional $109 million per year for oversight, maintenance, training, and logistics support for the next several years.

    –Training commander and U.S. contractors acknowledge the Afghan government will not be able to independently perform maintenance & logistics for the SMW for at least 10 years.




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  • Ghosts of Tom Joad, A Story of the #99Percent

    June 19, 2013 // 0 Comments

    Tags: ,
    Posted in: #99Percent, Democracy

    Ghosts of Tom Joad, A Story of the #99PercentIt is my pleasure to announce that my next book, Ghosts of Tom Joad, A Story of the #99Percent, will be published in Spring 2014 by Luminis Books.

    Ghosts of Tom Joad, A Story of the #99Percent is a fictional look at the New Economy, building on The Grapes of Wrath to examine the new Working Poor, and the non-working rich, to conclude we are all now the ghosts of Tom Joad.

    Ghosts of Tom Joad, A Story of the #99Percent is about growth, failure and redemption. Rich in allegory, it is funny and serious, Holden and Joe Dirt. Along the ride the story tackles bullying and suicide, first kisses and cunnilingus, and the protagonist’s struggle to overcome his father’s war that survived within him. It’s a question about how to still own something—your labor, your self-respect—you’d sold.

    The main character narrates:

    This used to be a country that talked about dreams with a straight face; it was never supposed to be the finite place we’re headed for. There were pieces of pieces of machinery from the abandoned factory left on the ground, too unimportant to sell off, too heavy to move, too bulky to bury, left scattered like clues from a lost civilization, the left droppings of our failure. Might as well been the bones of the men who worked there left. We were once the American Dream and now we just were what happened to it.


    Ghosts of Tom Joad, A Story of the #99Percent is about regime change, the death of manufacturing, the deindustrialization of America, and a way of life that was lost alongside those jobs. Wages never were higher than in 1973 and fell as poverty rose in almost equal proportion. How did we go from the booming prosperity of the 1950s and 60s to the Rust Belt of the late 1970s in the course of only two or three generations?

    A Personal Note

    For my many dear friends in State Department Diplomatic Security, I am sorry to say that the book contains nothing of official concern, and so sadly you are not going to be involved in this project. You unsuccessfully tried to sabotage my first book, We Meant Well, and now I am giving you the space to ignore me and focus on cleaning up your own house.

    For regular blog readers, Ghosts of Tom Joad, A Story of the #99Percent is the same story you may have previously known as The People on the Bus. There will be much more information to come, but trust me on this: This story will kick your ass.



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  • Iraq all Obama’s Fault

    September 29, 2012 // 0 Comments

    Tags: , , ,
    Posted in: Iran, Iraq, Military

    This article is hilarious, just LOL funny. I gotta catch my breath. OK, The piece is from the ultra-conservative Hoover Institute at Stanford (Motto: Opposing Whatever You Like), people who still think Condi Rice was a great leader and that George Bush had nothing at all– nothing– to do with the mess in Iraq.

    Ok, spoiler alert: It is all the black guy’s fault.

    Where to begin? The Hooverite says:

    Little more than two years ago, Iraq seemed headed on a sure path to stability. A new Iraqi state seemed to be emerging in which enduring U.S. interests—ensuring the stable flow of Iraq’s oil, denying Iraq as a base for terrorist groups, and preventing Iraq from destabilizing the broader region—would be secure.

    All true, as long as you also don’t believe in gravity (“just a theory”) and ignore the constant sectarian violence that has eaten Iraq alive since unleashed by the US invasion of 2003.

    Hooverville continues:

    The political pact among Iraq’s main parties—the accommodation that has guaranteed the dramatic reduction in violence since mid-2008—is unraveling. Whether driven by fear, or tempted by an opportunity not to be missed, or both, Prime Minister Nuri Maliki’s Da’wa party sparked a crisis on December 15 by moving to purge its top political rivals within hours of the ceremony marking the departure of the last U.S. forces.

    What political pact? The half-assed efforts wrought by the US, or the Shiite-dominated power structure put in place by the Iranians eight months after the last US-led election failures.

    More:

    Our troops have left Iraq because Prime Minister Maliki and his Da’wa party saw no compelling interest in our staying. Nor do Maliki and Da’wa see a compelling interest, at present, in securing the country against Iranian influence. This is because he and Da’wa are embarked on a project to consolidate power and permanently eliminate Baathism and former Baathists from public life, aims that our military presence tends to impede but that the Iranian regime and its Iraqi militant proxies often support.

    Where to begin. Removing the Baathists was America’s goal in 2003, dumbass. Maliki spent his Saddam years in exile in Iran, and came to power in 2010 through Iranian influence. Of course he will seek closer ties with Iran. Why could anyone possibly be surprised by this?

    Finally:

    Historians will puzzle over how a nine-year American military campaign resulted not in democracy, but in an Iraq led by a would-be strongman, riven by sectarianism and separatism, and increasingly aligned with America’s regional adversaries… Perhaps, in the end, this is what comes of having declared an end to a war that is not over.


    I am speechless. Hooverman, read my book if you want answers. If you don’t like my version, try Tom Rick’s Fiasco: The American Military Adventure in Iraq. America got exactly the Iraq we created. The problems began in 2003, because of 2003. Don’t try now to blame it on Obama.



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  • McGurk’s Latest Wife Whines: I’m a Victim Here

    June 17, 2012 // 0 Comments

    Tags: , , ,
    Posted in: Embassy/State, Iraq

    Gina Chon, previous mistress of ambassador-to-sleazeland Brett “The Stick” McGurk, for some ridiculous reason (probably because Dancing with the Stars was booked) did an interview with the Washington Post.

    The article states:

    Chon said in her message that the leaked e-mails were promoted to news outlets by a “disgruntled” employee on the eve of McGurk’s confirmation hearings, apparently in an attempt to undermine his nomination. She did not identify the State Department employee.

    I hope she isn’t referring to me, for I am not disgruntled in any way. Quite happy to be here, had a decent career with State until fairly recently, a career that I entered through a very competitive process and maintained over 24 years of up or out promotions– unlike McGurk who has been appointed to all his Iraq jobs.

    OK. But what about those emails Gina?

    She described her relationship with McGurk as “a fairly simple tale of two people who met in Baghdad, fell in love, got engaged and later married.” Their e-mails, she said, “reflected flirtatious banter and nothing more.”

    Of course Chon resigned/got fired for sharing her stories with McGurk ahead of publication, something known as “unethical” in the universe she and Brett don’t live in.

    But really, wow. Lots of people spent a year (or several) in Iraq and managed to stay married. Most of their flirtatious banter isn’t the sophomoric crap her emails reveal, with talk of blue balls and masturbation and sexy time hookups whilst ditching one’s spouse. There are also reports that Ms. Chon cheated on her spouse with a second dude.

    Added the disgruntled Chon:

    The question I continue to have is when will the conversation return to issues?

    Good idea. Let’s have a conversation about the unparalleled success of McGurk skateboarding America through nine failed years of war and occupation in Iraq. Take a look at his crap from 2006-2007, newly discovered blog posts, where he spinelessly defends the Bush policies and predicts happy sunshine for Team America in Iraq.

    Let’s also talk about whether not speaking any Arabic is a good or bad thing for McGurk. Let’s ask what experience he has had managing a $6.5 billion enterprise with 16,000 employees. Let’s ask what job if any he has held other than appointed political hack. Let’s talk about how many Iraqi groups see him as so close to PM Malaki that they initially refused to even work with him. Let’s talk about the little paid-for nooky at Harvard. Let’s talk about whether using US Government email to conduct an extra-marital affair suggests you have the discretion, maturity and personal credibility to be an ambassador. Let’s talk about John McCain’s objections. Let’s talk about Inoufe’s objections.

    Let’s talk about all those issues, and whether they add up to someone who deserves to be an ambassador.

    And as if to make sure the story drags on for another news cycle, Chon also spoke to CNN. Better yet, some apology email Chon sent to her “friends” ended up leaked to CNN by one of them. The embattled spouse told CNN:

    People have jumped to unfair and inaccurate conclusions using our own words against us.

    Oh, the old “using our own words” defense. We call that taking responsibility for what you say and write. And this woman worked for a major newspaper?

    Bottom line: If you did it yourself, you can’t claim yourself as the victim. The issue is not the leaking of the emails, it is the content of the emails and the fact that McGurk and the State Department tried to hide them from the Senate and the American People. I’m sorry it took a sex scandal to rouse the Senate from its nap to pay attention to this nominee, but it needs to pay attention to this nominee.

    Hang on Gina, your 15 minutes are about to end, and the reality TV offer can’t be far behind. Is that Bristol Palin on line one already?




    Bonus: with the Arab press all over this story (see here and here as examples) how effective could McGurk hope to be as ambassador anyway?



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  • You Stay Classy McGurk

    June 15, 2012 // 0 Comments

    Tags: , , ,
    Posted in: Embassy/State, Iraq

    In addition to sleazy emails trading sex for access (a two way deal between disgraced Brett “The Stick” McGurk and disgraced Wall Street Journal “journalist” Gina Chon), we add another pack of stained sheets to the pile.

    Sex on the Roof

    I hope no one missed commenter “William” who added to this blog:

    Yes, it is true, he had sex on the roof. Everyone knew it. I was there, not on the roof, but afterwards when everyone was talking about it and he was walking around like cool man on campus.

    He does lack key leadership jobs and it appears his expierience has been handed to him, but he found these positions because people like him and he does a good job. I will give him that – he is likable and does good work. He also has a talent for attracting the ladies.



    Sex at The Yard

    Meanwhile in sleaze land, the Washington Post reports that McGurk invited his then-mistress Chon to be a guest lecturer at a Harvard course he taught in 2009. Harvard students attending the class had no idea that their teacher was romantically involved with Chon, who spoke to them about her experience reporting getting inside info by sleeping with her sources in Iraq, according to a student who attended.

    (Sigh) Needless to say, both the Stickman and Chon were married to others when they arranged to have Harvard pay for Chon to spend some quality time with Brett on the university’s dime. Another classy move McGurk!

    No one at State was working on a warm Friday afternoon to comment on whether McGurk’s actions constitute the same “notorisouly disgraceful conduct” it beats off on its own employees for doing.




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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.