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In a stunning report issued today by the Wall Street Journal, it was revealed that Obama has continued to spy on certain international allies even after pledging not to more than two years ago. The Wall Street Journal “conducted interviews with more than two dozen current and former U.S. intelligence officials. Government officials representing Israel, Germany and France all declined to comment to the Journal. The Office of the Director of National Intelligence and the NSA also declined.”
While conducting the surveillance, “the National Security Agency’s targeting of Israeli leaders and officials also swept up the contents of some of their private conversations with U.S. lawmakers and American-Jewish groups.”
What’s more, the White House wished avoid both political risk and a permanent record on the matter, and ceded their authority to the NSA to achieve those ends. “White House officials believed the intercepted information could be valuable to counter Mr. Netanyahu’s campaign. They also recognized that asking for it was politically risky. So, wary of a paper trail stemming from a request, the White House let the NSA decide what to share and what to withhold.”
The entire report is worthwhile to read in its entirety. I have reprinted it below:
President Barack Obama announced two years ago he would curtail eavesdropping on friendly heads of state after the world learned the reach of long-secret U.S. surveillance programs.
But behind the scenes, the White House decided to keep certain allies under close watch, current and former U.S. officials said. Topping the list was Israeli Prime Minister Benjamin Netanyahu.
The U.S., pursuing a nuclear arms agreement with Iran at the time, captured communications between Mr. Netanyahu and his aides that inflamed mistrust between the two countries and planted a political minefield at home when Mr. Netanyahu later took his campaign against the deal to Capitol Hill.
The National Security Agency’s targeting of Israeli leaders and officials also swept up the contents of some of their private conversations with U.S. lawmakers and American-Jewish groups. That raised fears—an “Oh-s— moment,” one senior U.S. official said—that the executive branch would be accused of spying on Congress.
White House officials believed the intercepted information could be valuable to counter Mr. Netanyahu’s campaign. They also recognized that asking for it was politically risky. So, wary of a paper trail stemming from a request, the White House let the NSA decide what to share and what to withhold, officials said. “We didn’t say, ‘Do it,’ ” a senior U.S. official said. “We didn’t say, ‘Don’t do it.’ ”
Stepped-up NSA eavesdropping revealed to the White House how Mr. Netanyahu and his advisers had leaked details of the U.S.-Iran negotiations—learned through Israeli spying operations—to undermine the talks; coordinated talking points with Jewish-American groups against the deal; and asked undecided lawmakers what it would take to win their votes, according to current and former officials familiar with the intercepts.
Before former NSA contractor Edward Snowden exposed much of the agency’s spying operations in 2013, there was little worry in the administration about the monitoring of friendly heads of state because it was such a closely held secret. After the revelations and a White House review, Mr. Obama announced in a January 2014 speech he would curb such eavesdropping.
In closed-door debate, the Obama administration weighed which allied leaders belonged on a so-called protected list, shielding them from NSA snooping. French President François Hollande, German Chancellor Angela Merkel and other North Atlantic Treaty Organization leaders made the list, but the administration permitted the NSA to target the leaders’ top advisers, current and former U.S. officials said. Other allies were excluded from the protected list, including Recep Tayyip Erdogan, president of NATO ally Turkey, which allowed the NSA to spy on their communications at the discretion of top officials.
Privately, Mr. Obama maintained the monitoring of Mr. Netanyahu on the grounds that it served a “compelling national security purpose,” according to current and former U.S. officials. Mr. Obama mentioned the exception in his speech but kept secret the leaders it would apply to.
Israeli, German and French government officials declined to comment on NSA activities. Turkish officials didn’t respond to requests Tuesday for comment. The Office of the Director of National Intelligence and the NSA declined to comment on communications provided to the White House.
This account, stretching over two terms of the Obama administration, is based on interviews with more than two dozen current and former U.S. intelligence and administration officials and reveals for the first time the extent of American spying on the Israeli prime minister.
Taking office
After Mr. Obama’s 2008 presidential election, U.S. intelligence officials gave his national-security team a one-page questionnaire on priorities. Included on the form was a box directing intelligence agencies to focus on “leadership intentions,” a category that relies on electronic spying to monitor world leaders.
The NSA was so proficient at monitoring heads of state that it was common for the agency to deliver a visiting leader’s talking points to the president in advance. “Who’s going to look at that box and say, ‘No, I don’t want to know what world leaders are saying,’ ” a former Obama administration official said.
In early intelligence briefings, Mr. Obama and his top advisers were told what U.S. spy agencies thought of world leaders, including Mr. Netanyahu, who at the time headed the opposition Likud party.
Michael Hayden, who led the NSA and the Central Intelligence Agency during the George W. Bush administration, described the intelligence relationship between the U.S. and Israel as “the most combustible mixture of intimacy and caution that we have.”
The NSA helped Israel expand its electronic spy apparatus—known as signals intelligence—in the late 1970s. The arrangement gave Israel access to the communications of its regional enemies, information shared with the U.S. Israel’s spy chiefs later suspected the NSA was tapping into their systems.
When Mr. Obama took office, the NSA and its Israeli counterpart, Unit 8200, worked together against shared threats, including a campaign to sabotage centrifuges for Iran’s nuclear program. At the same time, the U.S. and Israeli intelligence agencies targeted one another, stoking tensions.
“Intelligence professionals have a saying: There are no friendly intelligence services,” said Mike Rogers, former Republican chairman of the House Intelligence Committee.
Early in the Obama presidency, for example, Unit 8200 gave the NSA a hacking tool the NSA later discovered also told Israel how the Americans used it. It wasn’t the only time the NSA caught Unit 8200 poking around restricted U.S. networks. Israel would say intrusions were accidental, one former U.S. official said, and the NSA would respond, “Don’t worry. We make mistakes, too.”
In 2011 and 2012, the aims of Messrs. Netanyahu and Obama diverged over Iran. Mr. Netanyahu prepared for a possible strike against an Iranian nuclear facility, as Mr. Obama pursued secret talks with Tehran without telling Israel.
Convinced Mr. Netanyahu would attack Iran without warning the White House, U.S. spy agencies ramped up their surveillance, with the assent of Democratic and Republican lawmakers serving on congressional intelligence committees.
By 2013, U.S. intelligence agencies determined Mr. Netanyahu wasn’t going to strike Iran. But they had another reason to keep watch. The White House wanted to know if Israel had learned of the secret negotiations. U.S. officials feared Iran would bolt the talks and pursue an atomic bomb if news leaked.
The NSA had, in some cases, spent decades placing electronic implants in networks around the world to collect phone calls, text messages and emails. Removing them or turning them off in the wake of the Snowden revelations would make it difficult, if not impossible, to re-establish access in the future, U.S. intelligence officials warned the White House.
Instead of removing the implants, Mr. Obama decided to shut off the NSA’s monitoring of phone numbers and email addresses of certain allied leaders—a move that could be reversed by the president or his successor.
There was little debate over Israel. “Going dark on Bibi? Of course we wouldn’t do that,” a senior U.S. official said, using Mr. Netanyahu’s nickname.
One tool was a cyber implant in Israeli networks that gave the NSA access to communications within the Israeli prime minister’s office.
Given the appetite for information about Mr. Netanyahu’s intentions during the U.S.-Iran negotiations, the NSA tried to send updates to U.S. policy makers quickly, often in less than six hours after a notable communication was intercepted, a former official said.
Emerging deal
NSA intercepts convinced the White House last year that Israel was spying on negotiations under way in Europe. Israeli officials later denied targeting U.S. negotiators, saying they had won access to U.S. positions by spying only on the Iranians.
By late 2014, White House officials knew Mr. Netanyahu wanted to block the emerging nuclear deal but didn’t know how.
On Jan. 8, John Boehner, then the Republican House Speaker, and incoming Republican Senate Majority Leader Mitch McConnell agreed on a plan. They would invite Mr. Netanyahu to deliver a speech to a joint session of Congress. A day later, Mr. Boehner called Ron Dermer, the Israeli ambassador, to get Mr. Netanyahu’s agreement.
Despite NSA surveillance, Obama administration officials said they were caught off guard when Mr. Boehner announced the invitation on Jan. 21.
Soon after, Israel’s lobbying campaign against the deal went into full swing on Capitol Hill, and it didn’t take long for administration and intelligence officials to realize the NSA was sweeping up the content of conversations with lawmakers.
The message to the NSA from the White House amounted to: “You decide” what to deliver, a former intelligence official said.
NSA rules governing intercepted communications “to, from or about” Americans date back to the Cold War and require obscuring the identities of U.S. individuals and U.S. corporations. An American is identified only as a “U.S. person” in intelligence reports; a U.S. corporation is identified only as a “U.S. organization.” Senior U.S. officials can ask for names if needed to understand the intelligence information.
The rules were tightened in the early 1990s to require that intelligence agencies inform congressional committees when a lawmaker’s name was revealed to the executive branch in summaries of intercepted communications.
A 2011 NSA directive said direct communications between foreign intelligence targets and members of Congress should be destroyed when they are intercepted. But the NSA director can issue a waiver if he determines the communications contain “significant foreign intelligence.”
The NSA has leeway to collect and disseminate intercepted communications involving U.S. lawmakers if, for example, foreign ambassadors send messages to their foreign ministries that recount their private meetings or phone calls with members of Congress, current and former officials said.
“Either way, we got the same information,” a former official said, citing detailed reports prepared by the Israelis after exchanges with lawmakers.
During Israel’s lobbying campaign in the months before the deal cleared Congress in September, the NSA removed the names of lawmakers from intelligence reports and weeded out personal information. The agency kept out “trash talk,” officials said, such as personal attacks on the executive branch.
Administration and intelligence officials said the White House didn’t ask the NSA to identify any lawmakers during this period.
“From what I can tell, we haven’t had a problem with how incidental collection has been handled concerning lawmakers,” said Rep. Adam Schiff, a California Democrat and the ranking member of the House Permanent Select Committee on Intelligence. He declined to comment on any specific communications between lawmakers and Israel.
The NSA reports allowed administration officials to peer inside Israeli efforts to turn Congress against the deal. Mr. Dermer was described as coaching unnamed U.S. organizations—which officials could tell from the context were Jewish-American groups—on lines of argument to use with lawmakers, and Israeli officials were reported pressing lawmakers to oppose the deal.
“These allegations are total nonsense,” said a spokesman for the Embassy of Israel in Washington.
A U.S. intelligence official familiar with the intercepts said Israel’s pitch to undecided lawmakers often included such questions as: “How can we get your vote? What’s it going to take?”
NSA intelligence reports helped the White House figure out which Israeli government officials had leaked information from confidential U.S. briefings. When confronted by the U.S., Israel denied passing on the briefing materials.
The agency’s goal was “to give us an accurate illustrative picture of what [the Israelis] were doing,” a senior U.S. official said.
Just before Mr. Netanyahu’s address to Congress in March, the NSA swept up Israeli messages that raised alarms at the White House: Mr. Netanyahu’s office wanted details from Israeli intelligence officials about the latest U.S. positions in the Iran talks, U.S. officials said.
A day before the speech, Secretary of State John Kerry made an unusual disclosure. Speaking to reporters in Switzerland, Mr. Kerry said he was concerned Mr. Netanyahu would divulge “selective details of the ongoing negotiations.”
The State Department said Mr. Kerry was responding to Israeli media reports that Mr. Netanyahu wanted to use his speech to make sure U.S. lawmakers knew the terms of the Iran deal.
Intelligence officials said the media reports allowed the U.S. to put Mr. Netanyahu on notice without revealing they already knew his thinking. The prime minister mentioned no secrets during his speech to Congress.
In the final months of the campaign, NSA intercepts yielded few surprises. Officials said the information reaffirmed what they heard directly from lawmakers and Israeli officials opposed to Mr. Netanyahu’s campaign—that the prime minister was focused on building opposition among Democratic lawmakers.
The NSA intercepts, however, revealed one surprise. Mr. Netanyahu and some of his allies voiced confidence they could win enough votes.
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The Government Accounting Office (GAO) concluded that the EPA violated federal law and participated in “covert propaganda” through social media in order to encourage passage of Obama’s new and controversial “Clean Water Rule.”
From the report:
“The use of appropriated funds associated with implementing EPA’s Thunderclap campaign and establishing hyperlinks to the NRDC and to the Surfrider Foundation webpages violated prohibitions against publicity or propaganda and grassroots lobbying contained in appropriations acts for FYs 2014 and 2015. Because EPA obligated and expended appropriated funds in violation of specific prohibitions, we also conclude that EPA violated the Antideficiency Act, 31 U.S.C. § 1341(a)(1)(A), as the agency’s appropriations were not available for these prohibited purposes.”
This is not the first time this year that the EPA has not followed law. Don’t forget, in July, the EPA “was accused of colluding with left wing environmental groups to push its new carbon regulations.” A month later, “the EPA was responsible for a toxic spill at an abandoned mine that polluted rivers in three states.” And in October, “a federal appeals court said the EPA broke the law when it illegally approved a pesticide.”
Let’s hope that the Clean Water Rule does not come to fruition.
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The cynic in me was wholly unsurprised when the Associated Press reported the Department of Justice (DoJ) concluded that no formal charges would be filed against any of the IRS officials embroiled in the IRS scandal of 2013. In a letter to Congress, the DoJ announced that they found “no evidence that any IRS official acted based on political, discriminatory, corrupt or other inappropriate motives that would support a criminal prosecution.”
Never mind the fact that computer hard drives and emails disappeared, secret email accounts were maintained, interoffice messaging systems were used to avoid written records, only one conservative group received approval under Lerner in three years, and some groups remain unapproved after 5 years — all while Obama’s brother received retroactive tax-exempt approval in less than 30 days.
According to the DoJ letter, such actions were merely, “mismanagement, poor judgment and institutional inertia.” That is utter nonsense.
Stephen Dinan at the Washington Times did a decent round up of the news and reactions to the decision.
“The IRS did mishandle tea party and conservative groups’ nonprofit applications, but their behavior didn’t break any laws, the Justice Department said in a letter to Congress Friday that cleared the tax agency and former senior executive Lois G. Lerner of any crimes.
“Ineffective management is not a crime,” Assistant Attorney General Peter J. Kadzik said in a letter to the House Ways and Means Committee. “The Department of Justice’s exhaustive probe revealed no evidence that would support a criminal prosecution. What occurred is disquieting and may necessitate corrective action — but it does not warrant criminal prosecution.”
The decision comes more than two years after the IRS’s internal watchdog reported that auditors singled out tea party groups’ applications for special scrutiny and delayed those applications beyond reasonable timelines, preventing the groups from being able to say they were officially recognized nonprofits.
The agency initially admitted its bad behavior, and President Obama vowed an investigation — but he later said, in the middle of the probe, that there was no evidence of corruption.
Some Republicans have questioned the validity of the probe from the beginning, after learning that one of the Justice Department lawyers assigned to the investigation was a contributor to Mr. Obama’s political campaigns.
In its letter Friday the Justice Department specifically cleared Ms. Lerner, a senior executive in charge of approving the groups’ applications, who had authored a number of emails that suggested a bias against the tea party movement.
Investigators said none of the witnesses they interviewed believed Ms. Lerner acted out of political motives, and said that Ms. Lerner seemed to try to correct the inappropriate scrutiny once she “recognized that it was wrong.”
“In fact, Ms. Lerner was the first IRS official to recognize the magnitude of the problem and to take concerted steps to fix it,” Mr. Kadzik wrote.
Congressional Democrats said the decision confirmed what they’d figured out years ago — that there was no underhanded political dealing at the agency.
“Over the past five years, Republicans in the House of Representatives have squandered literally tens of millions of dollars going down all kinds of investigative rabbit holes — IRS, Planned Parenthood, Benghazi — with absolutely no evidence of illegal activity,” said Rep. Elijah E. Cummings of Maryland, the top Democrat on the Benghazi investigation and ranking member of the House Oversight Committee.
The House Ways and Means Committee conducted its own investigation into the IRS’s tea party targeting, as did the Senate Finance Committee. The House panel was the one that voted to refer Ms. Lerner’s behavior to the Justice Department for criminal investigation.
Rep. Paul Ryan, the chairman of the Ways and Means Committee, called the Friday letter “deeply disappointing,” but said it wasn’t a surprise given the bent of the Obama administration.
He said his committee’s probe did find “serious and unprecedented actions” by Ms. Lerner that deprived tea party groups of their rights.
“The American people deserve better than this. Despite the DOJ closing its investigation, the Ways and Means Committee will continue to find answers and hold the IRS accountable for its actions,” he said.
Ms. Lerner’s lawyers, in a statement, said they were “gratified but not surprised” by the announcement.
“Anyone who takes a serious and impartial look at the facts would reach the same conclusion as the Justice Department,” they said, adding that she cooperated with the investigators and answered their questions.
That stands in contrast to her interaction with Congress, where she refused to answer questions, invoking her Fifth Amendment right to remain silent — but only after she delivered a statement declaring her innocence.
The House Oversight Committee concluded that she was not, in fact, able to invoke the Fifth Amendment at that point, and when she refused to answer questions, the House voted to hold her in contempt of Congress.
The Justice Department declined to pursue that case, too, arguing that her claim of Fifth Amendment rights was likely to succeed.
Groups that faced targeting by the IRS were infuriated by Friday’s decision.
“To say there is no evidence of discrimination makes a mockery of all we witnessed in the last two years,” said Catherine Engelbrecht, founder of True the Vote, which had its application for nonprofit status delayed as it and another group she was involved in faced scrutiny by everyone from the FBI to federal occupational health authorities.“
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The only reason why I am mentioning this plan is the sheer ridiculousness of its foundation. In his editorial in the Wall Street Journal today, Santorum announces that he will pay for his tax plan by “repealing ObamaCare and all of its associated taxes.” That is patently absurd. No matter how much I may dislike Obamacare, the likelihood that it will be entirely repealed is slim to none. To stake an entire tax plan (flat tax at that) on something likely to be unattainable, is a bit foolish and naive.
You can read the plan below in its entirety:
Since 2007, 15,000 American factories have shut down and more than two million manufacturing jobs have been lost. Wages have flatlined; American families are struggling.
In every recovery since 1960, real GDP grew by 4% a year, according to a report from the Congressional Joint Economic Committee. The Obama-Biden policies have resulted in a paltry 2.3% annual growth since the recession ended in 2009. This growth gap has cost the country $5.4 trillion in lost economic output and 5.5 million fewer jobs than would have been expected during a normal recovery.
So what is Hillary Clinton’s vision to get the economy moving? She wants to slam investors with higher capital gains taxes. Bernie Sanders wants to raise the top personal-income tax rate to 90%.
Donald Trump’s plan to make America great again? He’s offering a complicated tax cut that the Tax Foundation reports will explode the deficit by more than $10 trillion over a decade. Are any Republicans offering serious, specific proposals to scrap the toxic tax code? Jeb Bush wants three rates. Marco Rubio wants two. Rand Paul has proposed a single rate and creating a European-style value-added tax.
America deserves better. That’s why, in my first 100 days as president, I will submit to Congress a comprehensive Economic Freedom Agenda that will abolish the existing tax code. Under “The 20/20 Flat Tax: A Clear Vision For America,” individuals will pay a simple, low 20% individual rate that will be applied to all streams of income. It eliminates the marriage penalty, death tax and alternative minimum tax. It will treat every American the same. No longer will savings and investment be penalized.
Individuals will receive a $2,750 credit, which will replace the standard deduction and personal exemption. The credit will be refundable and replace the Earned Income Tax Credit. The child tax credit will remain. For low- and middle-income workers, the provision will shield much of their basic wages from federal income taxes. They can keep more of what they earn.
In exchange for the refundable tax credit and low rate, itemized deductions will be eliminated, except for two. Charitable giving in any amount will be fully deductible, to affirm and encourage Americans’ generosity. Mortgage interest—up to $25,000 a year—will also be deductible, as a means of helping low- and middle-income workers buy and maintain their family home without subsidizing millionaires and billionaires.
Businesses too will benefit from a flat 20% tax rate. It will replace the current corporate income-tax rate of 39.1% that is only exceeded by Chad and the United Arab Emirates. An initial 0% tax rate on American manufacturers, phasing up to 20% over two years, will help make America the No. 1 manufacturer in the world again.
Companies will be allowed to deduct 100% of their capital costs in the first year. Full expensing will eliminate complicated depreciation schedules and encourage investment in new plants and equipment. To encourage American companies to bring revenues home and reinvest the $2.1 trillion in profits that have been parked overseas, my plan calls for a low 10% rate on business income that is repatriated.
I will eliminate the deductibility of interest and corporate welfare, including all carve-outs, loopholes and tax shelters. No more special deals and favors for the rich and powerful and their lawyers and lobbyists.
An analysis of my plan by the Tax Foundation found that GDP would rise by 10.2% above the Obama-Biden trajectory over 10 years. Capital investment would grow by almost 30% and wages would increase by 7.3%. More than 3.1 million additional jobs would be created beyond current projections.
I will pay for my plan by repealing ObamaCare and all of its associated taxes. My flat tax will reduce federal revenues by $1.1 trillion over 10 years, after accounting for increased GDP growth and job creation. But according to the Congressional Budget Office, repealing ObamaCare will reduce federal spending by $1.7 trillion over 10 years and increase economic growth by 0.7% annually.
Thus, the 20/20 Flat Tax will not increase the deficit. It will allow us to make needed reforms, such as the expansion of Health Savings Accounts, to give patients and doctors, not Washington bureaucrats, more freedom and control over their health care, and to expand coverage. The new tax code will also provide the resources needed to rebuild our military in an increasingly volatile world.
To maximize the country’s economic potential I will, on my first day in office, repeal each and every Obama-administration regulation that creates an economic burden of more than $100 million. The Keystone XL pipeline will be approved, and expanded production of domestic fuels will be encouraged, not hobbled by federal regulations.
As a U.S. senator I never voted for a tax increase, and the first two bills I co-sponsored were the Balanced Budget Amendment and the Line Item Veto. I always fought for bold tax cuts and government reform. My administration will be no different.
The stakes for America are too high for the GOP to nominate untested newcomers, first-term senators, or governors without proven national results. I offer Americans a clear conservative vision, serious plans for reform and the experience to get the job done.
Mr. Santorum, a former U.S. senator from Pennsylvania, is a Republican candidate for president.
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Ron DeSantis (R., Fla.) chairman of the House Oversight and Government Reform Subcommittee on National Security and Jim Jordan (R., Ohio), chairman of the Subcommittee on Health Care, Benefits, and Administrative Rules, also recently called on President Obama to remove John Koskinen from the head of the IRS. Alternatively, they propose Congressional impeachment if Obama does not due his due diligence and remove Koskinen himself.
DeSantis and Jordan made their case in the pages of the Wall Street Journal and is reprinted below in its entirety, as it provided a thorough summation of Koskinen’s incompetence:
“Internal Revenue Service Commissioner John Koskinen needs to go.
When it was revealed in 2013 that the IRS had targeted conservative groups for exercising their First Amendment rights, President Obama correctly called the policy “inexcusable” and pledged accountability. He even fired the then-acting IRS commissioner because he said it was necessary to have “new leadership that can help restore confidence going forward.”
Unfortunately, Commissioner Koskinen, who took over in the wake of the IRS targeting scandal, has failed the American people by frustrating Congress’s attempts to ascertain the truth. A taxpayer would never get away with treating an IRS audit the way that IRS officials have treated the congressional investigation. Civil officers like Mr. Koskinen have historically been held to a higher standard than private citizens because they have fiduciary obligations to the public. The IRS and Mr. Koskinen have breached these basic fiduciary duties:
• Destruction of evidence. Lois Lerner, at the time the director of the IRS’s exempt-organizations unit, invoked the Fifth Amendment on May 22, 2013, when appearing before Congress; her refusal to testify put a premium on obtaining and reviewing her email communications. On the same day the IRS’s chief technology officer issued a preservation order that instructed IRS employees “not to destroy/wipe/reuse any of the existing backup tapes for email, or archiving of other information from IRS personal computers.”
Several weeks later, on Aug. 2, the House Oversight Committee issued its first subpoena for IRS documents, including all of Ms. Lerner’s emails. On Feb. 2, 2014, Kate Duval, the IRS commissioner’s counsel, identified a gap in the Lerner emails that were being collected. Days later, Ms. Duval learned that the gap had been caused in 2011 when the hard drive of Ms. Lerner’s computer crashed.
Despite all this—an internal IRS preservation order, a congressional subpoena, and knowledge about Ms. Lerner’s hard-drive and email problems—the Treasury inspector general for tax administration discovered that the agency on March 4, 2014, erased 422 backup tapes containing as many as 24,000 emails. (Congress learned of the discovery only last month.)
Ms. Duval has since left the IRS and now works at the State Department, where she is responsible for vetting Hillary Clinton’s emails sought by congressional investigations of the Benghazi attacks.
• Failure to inform Congress. Mr. Koskinen was made aware of the problems associated with Ms. Lerner’s emails the same month Ms. Duval discovered the gap. Yet the IRS withheld the information from Congress for four months, until June 13, 2014, when the agency used a Friday news dump to admit—on page seven of the third attachment to a letter sent to the Senate Finance Committee—that it had lost many of Ms. Lerner’s emails.
During that four-month delay, Mr. Koskinen testified before Congress under oath four times. On March 26, 2014, he appeared before the Oversight Committee and pledged that the IRS would produce all of Ms. Lerner’s emails, not mentioning that the IRS already knew of the problems with her emails and hard drive. Mr. Koskinen deliberately kept Congress in the dark. Based on testimony received by the committee, we now know that the IRS appears to have spent the four months working with the Obama administration to fine-tune talking points to mitigate the fallout.
• False testimony before Congress. Mr. Koskinen made statements to Congress that were categorically false. Of the more than 1,000 computer backup tapes discovered by the IRS inspector general, approximately 700 hadn’t been erased and contained relevant information. But Mr. Koskinen testified he had “confirmed” that all of the tapes were unrecoverable.
He also said: “We’ve gone to great lengths, spent a significant amount of money trying to make sure that there is no email that is required that has not been produced.” In reality, the inspector general found that Mr. Koskinen’s team failed to search several potential sources for Ms. Lerner’s emails, including the email server, her BlackBerry and the Martinsburg, W.Va., storage facility that housed the backup tapes.
The 700 intact backup tapes the inspector general recovered were found within 15 days of the IRS’s informing Congress that they were not recoverable. Employees from the inspector general’s office simply drove to Martinsburg and asked for the tapes. It turns out that the IRS had never even asked whether the tapes existed.
Three weeks after the 422 other backup tapes were destroyed by the IRS, Mr. Koskinen told the committee that he would produce “all” Lerner documents. This statement was clearly false—you can’t give Congress “all” of the material if you know that you have already destroyed some of it.
• Failure to correct the record. After his false statements to Congress under oath, Mr. Koskinen refused to amend them when given the opportunity at a public hearing earlier this year. If a lawyer makes a false statement to a court, he has a duty to correct it. Civil officers like Commissioner Koskinen have a duty to the American people to revise their testimony when it contains inaccuracies.
• Failure to reform the IRS to protect First Amendment rights. Mr. Koskinen hasn’t acted on the president’s May 2013 promise to “put in place new safeguards to make sure this kind of behavior cannot happen again.” A Government Accountability Office report released last week found that the IRS continues to lack the controls necessary to prevent unfair treatment of nonprofit groups on the basis of an “organization’s religious, educational, political, or other views.” In other words, the targeting of conservative groups may very well continue.
If the president doesn’t remove Mr. Koskinen from his post, then Congress should remove him through impeachment. The impeachment power is a political check that, as Alexander Hamilton wrote in Federalist No. 65 in 1788, protects the public against “the abuse or violation of some public trust.”
Supreme Court Justice Joseph Story echoed Hamilton in 1833 when he distinguished impeachable offenses from criminal offenses, noting that they “are aptly termed political offenses, growing out of personal misconduct or gross neglect, or usurpation, or habitual disregard for the public interests . . . They must be examined upon very broad and comprehensive principles of public policy and duty.”
John Koskinen has violated the public trust, breached his fiduciary obligations and demonstrated his unfitness to serve. Mr. President, it’s time for Commissioner Koskinen to go. If you don’t act, we will.”
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Last month, Rep. Jason Chaffetz (R. Utah) wrote a letter regarding John Koskinen, the commissioner of the IRS, asking President Obama to remove him from his post. As the IRS is a part of the Department of the Treasury, it falls under the authority of Executive Branch.
Chaffetz rightly calls out Koskinen for “obstruction” with regard to the various congressional investigations, which have revealed bungled IRS responses to repeated inquiries. At the time of his letter in late July, it had recently been revealed that IRS workers destroyed Lerner’s backup tapes from 2010-2011, losing 24,000 emails in the processes.
Chaffetz has it right. Even now, a month after calling on Obama to dismiss Koskinen, there have been even more revelations of IRS misconduct. This include that fact that 10 groups have still yet to be approved for tax-exempt status — with some waiting as long as 5 years — due to a “backlog of cases”. Even more egregiously, the IRS only revealed last week during court proceedings that Lois Lerner used a second, private email account with the alias “Toby Miles” to conduct IRS business (on top of her IRS email and another private email account). The fact that after years into the investigations, only last week this information was disclosed to the public shows an unrepentant IRS.
If Obama is unwilling to actually dismiss Koskinen from his deplorable actions, it shows he lacks the fortitude to fix the critical problems at the IRS. In fact, it proves that he really is the root of the problem.
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As the Stock Market is swirling around today, I am reminded of an incident that began this day in 1982 and spanned several years; it involved illegal trading schemes, inside tips, and money. History.com has a good synopsis:
“Martin Siegel meets Ivan Boesky at the Harvard Club in New York City to discuss his mounting financial pressures. Arbitrageur Boesky offered Siegel, a mergers-and-acquisitions executive at Kidder, Peabody & Co., a job, but Siegel, who was looking for some kind of consulting arrangement, declined. Boesky then suggested that if Siegel would supply him with early inside information on upcoming mergers there would be something in it for him.
In January 1983, although little information had been exchanged, Boesky sent a courier with a secret code and a briefcase containing $150,000 in $100 bills to be delivered to Siegel at the Plaza Hotel.
Over the next couple of years, Siegel passed inside information to Boesky on several occasions. With Siegel’s inside tips, Boesky made $28 million dollars investing in Carnation stock before its takeover. But his success began to fuel investigative inquiries by both the press and the Securities and Exchange Commission. Rumors that Siegel and Kidder, Peabody & Co. were involved in illegal activities began floating around.
Despite the pressure, Siegel and Boesky met ata deliin January 1985, where Siegel demanded $400,000. This time, the cash drop-off was made at a phone booth. Siegel, who was apprehensive about his relationship with Boesky, decided to put an end to it after he had received his money. Still, he continued to trade inside information with other Wall Street executives.
In 1986, the illegal schemes, which by then included many of the biggest traders in the country, came crashing down. Arrests were made up and down Wall Street, and Boesky and Michael Milken, the junk bond king charged with violating federal securities laws, were no exception.
Siegel turned out to be one of the few cooperative witnesses for the government and virtually the only one who showed remorse for his role in the fraud, causing him to be ostracized on Wall Street. Nevertheless, he did fare better than the others: Milken received a 10-year sentence and Boesky received 3 years,but Siegel was only required to return the $9 million he had obtained illegally. The entire incident came to symbolize the era of unfettered greed on Wall Street in the mid-1980s.”
The big stock market crash, “Black Monday”, happened on October 19, 1987. Much of the Wall Street schemes noted above contributed greatly to the bull market which began in 1982, combined with low interest rates, mergers, and more. The fervor reached a crescendo in spectacular trading years of 1986-1987, before the stock market crashed. The Dow lost more than 22% of its value in the crash of 1987.
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Those responsible for the toxic EPA spill into the Animus River should be prosecuted to the fullest extent for their actions. Just as the EPA has gone after individuals and private companies for violating various EPA statutes, the EPA workers who released 3 million gallons should face the same fate.
Take the case of Lawrence Lewis, who, in 2007, was accused of violating the Clean Water Act, unknowingly, while executing accepted policy of relieving overflowing drain pipes into the street drainage system. Assisted by his long-time maintenance staff, Lewis “diverted a backed-up sewage system into an outside storm drain—one they long believed was connected to the city’s sewage-treatment system—to prevent flooding in an area where the sickest residents lived. In fact, the storm drain emptied into a creek that ultimately reaches the Potomac River.”
For this crime, Lewis was prosecuted; he pleaded guilty only in order to avoid jail time away from his family. Lewis was sentenced to one year’s probation and placed under court-ordered supervision, which included unannounced visits to his home and new place of employment.
The Wall Street Journal covered this atrocity:
In an interview [his lawyer said], “There was no fight to have. It was a strict liability case,” meaning the government didn’t have to prove Mr. Lewis knew he was doing anything wrong. “His good intentions did not matter.” The lawyer told Mr. Lewis that, to be found guilty, prosecutors needed only to prove that he was aware that sewage was being pumped into the storm drain that led to the creek.
In court documents, the government argued that Mr. Lewis didn’t ensure the storm drain fed into a waste-treatment facility rather than the creek. About 30% of the city’s storm drains flow to a treatment plant, according to the D.C. Water and Sewer Authority. Plus, the government argued, Mr. Lewis was responsible for several prior discharges during his time at Knollwood.
Certainly, dumping 3 million gallons of materials into a river is far more serious than diverting a storm drain into a creek accidentally. If Mr. Lewis can endure a harsh sentence for his accidental crime, the EPA should most certainly follow through with their employees who are “very sorry”, for their massive pollution and make sure they receive the same swift justice that Mr. Lewis received.
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There’s not much more to say that what ATR lays out. In a nutshell, many IRS employees used an interoffice messaging chat system to communicate with one another, instead of email, because there was no archiving system turned on for that mode of communication — meaning there was no written trail of discussions. This methodology was discovered while looking at Lois Lerner’s emails.
From Americans for Tax Reform:
The IRS used a “wholly separate” instant messaging system that automatically deleted office communications, according to documentation released by the House Oversight Committee on Monday. The system appears to have been purposefully used by agency officials responsible for the targeting of conservative non-profits, in order to evade public scrutiny.
The system, known as “Office Communication Server” or OCS was used by IRS officials, including many in the Exempt Organizations (EO) Unit, which was headed by Lois Lerner.
As the Oversight Committee report states, the instant messaging system did not archive any communications, so it is not possible to know what employees of the EO unit discussed on it.
However, in an email uncovered by the Committee Lerner warns her colleagues about evading Congressional oversight:
“I was cautioning folks about email and how we have had several occasions where Congress has asked for emails and there has been an electronic search for responsive emails – so we need to be cautious about what we say in emails.”
Lerner then asks whether OCS is automatically archived. When informed it was not, Lerner responded “Perfect.”
While it is possible to set the instant messaging system to automatically archive messages, the IRS chose not to do so, according to one employee interviewed by the Committee. The fact that the agency chose not to archive messages raises questions about the true purpose of OCS and what discussions took place.
Needless to say, the apparent use of OCS to evade Congressional oversight once again shows that the IRS does not want the American people to learn the truth about the Lois Lerner targeting scandal.
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We have entered the Twilight Zone. Because there is virtually no other explanation of the latest crusade by labor leaders in Los Angeles. Union leaders are lobbying Los Angeles city council members to be EXEMPT from paying a $15 minimum wage in workplaces where unions exist. Tim Worstall from Forbes got it right in his opening salvo on the matter: “This is really quite glorious as a display of sheer naked chutzpah.”
The unions themselves have been some of the biggest supporters of the wage increase, not just in Los Angeles, but around the country. Now when it comes to actually paying that wage in Los Angeles, which is poised to be approved by city council, the unions want to retain their right to collective bargaining — which means paying a lower wage if they want. Here is the sheer hypocrisy:
“Rusty Hicks, who heads the county Federation of Labor and helps lead the Raise the Wage coalition, said Tuesday night that companies with workers represented by unions should have leeway to negotiate a wage below that mandated by the law.
“With a collective bargaining agreement, a business owner and the employees negotiate an agreement that works for them both. The agreement allows each party to prioritize what is important to them,” Hicks said in a statement. “This provision gives the parties the option, the freedom, to negotiate that agreement. And that is a good thing.”
You can’t make this up. Currently, businesses are not mandated to pay a $15/hour minimum wage and therefore really, truly, actually have, right now, what Mr. Union Rusty Hicks is asking for: “the option, the freedom, to negotiate” an agreement between a business owner and an employee for their wages, allowing “each party to prioritize what is important to them”. That’s what exists now. No mandated wage. Unions seem to be following the “Do as I say, not as I do” playbook.
What is really happening is that the unions want to be able to retain exclusivity on certain contracts. The exemption they are seeking is in places where unions exist in the workplace. By being exempt, this will give the unions the upper hand on contracts. If you were an employer who now will have to pay a $15/hour minimum wage, and the unions can come in and undercut that wage amount by negotiating $13/hour, which do you think an employer will pay? The $15/hour mandated wage for non unions, or the $13/hour union contract? The unions are fearful that leveling the playing field by mandating a $15/hour minimum wage for all will mean that they will lose some (or many) contract — meaning less money in the union’s pockets.
Now I’m not a fan of the proposed $15/hour minimum wage hike, ironically for some of the same reasons that the unions are pleading — a business owner and an employee ought to have the right to agree on wages without an artificial, arbitrary price floor. However, I’m even less of a fan of the idea that unions, or any other group, should be able to claim an exemption. If the city of Los Angeles is going to pass this legislation, then it should be binding for all. Either $15/hour is good for everyone, or no one. Shame on the unions for their brazen hypocrisy.
