DOJ | Le·gal In·sur·rec·tion - Part 32
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Posted by Fuzzy Slippers on September 11, 2016 9 Comments
In 2013, Florida's Attorney General, Pam Bondi, solicited a $25,000 donation from the Trump Foundation.  Coincidentally, this was the same period during which Bondi's office was purportedly investigating Trump University and determining whether or not to join New York's suit against Trump U.  Democrats jumped at the chance to point fingers and make accusations of pay-to-play / influence peddling. The Tampa Bay Times reports:
"I never, nor was my office, investigating him. Never. I would never lie. I would never take money. I've been obviously devastated over this," Bondi said in a voicemail message to a Times/Herald reporter. In a separate statement, Bondi called Monday's Associated Press report on the Trump University issue "misleading," adding: "No one in my office ever opened an investigation of Trump University, nor was there a basis for doing so." The AP account said Bondi "nixed" suing Trump, but it did not say that she had opened an investigation.

Posted by Mary Chastain on August 25, 2016 12 Comments
The Department of Justice has released a transgender training video for police, giving them guidance on how to handle situations they may come across with transgender people. The DOJ said:
“Transgender Americans, like all Americans, deserve to be treated with courtesy and respect by law enforcement officers,” said Acting Director Paul Monteiro of CRS [DOJ Community Relations Service]. “The information provided in this video will help strengthen the relationship between police and the transgender community, allowing for more effective investigations and safer encounters for officers and citizens alike.”

Posted by Mary Chastain on August 18, 2016 17 Comments
The State Department has confirmed the U.S. used the $400 million payment to Iran as leverage for the prisoners they released in January. From The New York Post:
State Department spokesman John Kirby was asked at Thursday’s press briefing: “In basic English, you’re saying you wouldn’t give them $400 million in cash until the prisoners were released, correct?” “That’s correct,” Kirby replied.

Posted by Mary Chastain on August 12, 2016 23 Comments
According to The Daily Caller and CNN, the FBI and several U.S. Attorney offices have opened an investigation into the Clinton Foundation even though the Department of Justice objected to one. The officials met several months ago about the possibility of a case:
At the time, three field offices were in agreement an investigation should be launched after the FBI received notification from a bank of suspicious activity from a foreigner who had donated to the Clinton Foundation, according to the official.

Posted by Mary Chastain on August 04, 2016 16 Comments
The Department of Justice did not want the Obama administration to send $400 million as Iran released four Americans due to the image it may portray. The administration struck down the request:
The timing and manner of the payment raised alarms at the Justice Department, according to those familiar with the discussions. “People knew what it was going to look like, and there was concern the Iranians probably did consider it a ransom payment,’’ said one of the people.

Posted by William A. Jacobson on July 05, 2016 61 Comments
FBI Director James Comey delivered the verdict on Hillary Clinton today - not guilty by reason of ... of ... of .... There are a lot of details on why this was a miscarriage of justice. The best starting place is Andy McCarthy's column at National Review, FBI Rewrites Federal Law to Let Hillary Off the Hook. But those are mere details. Important details, critical details, details worth writing about -- but not the big picture. Noah Rothman at Commentary wrote:
No amount of cynicism could have prepared Americans for what they witnessed on Tuesday morning, and 2016 has not been short on cynicism.
Getting closer. The best truly big picture view I saw was from Karol Markowicz, a columnist for the NY Post and an ex-Soviet who moved the the United States as a child. In response to the Comey verdict, Markowicz tweeted out a statement as to how others who came from the USSR expected no other result:

Posted by Mary Chastain on June 20, 2016 32 Comments
The FBI kept in Omar Mateen's pledge to the Islamic State (ISIS/ISIL) in the 911 transcript, but omitted the terrorist group's name. Mateen called 911 before he murdered 49 people at Pulse, a popular gay club in Orlando, FL. From the FBI news release:
Orlando Police Dispatcher (OD) Shooter (OM) OD: Emergency 911, this is being recorded. OM: In the name of God the Merciful, the beneficial [in Arabic] OD: What? OM: Praise be to God, and prayers as well as peace be upon the prophet of God [in Arabic]. I let you know, I’m in Orlando and I did the shootings. OD: What’s your name? OM: My name is I pledge of allegiance to [omitted]. OD: Ok, What’s your name? OM: I pledge allegiance to [omitted] may God protect him [in Arabic], on behalf of [omitted]. OD: Alright, where are you at? OM: In Orlando. OD: Where in Orlando? [End of call.]

Posted by William A. Jacobson on June 19, 2016 49 Comments
I opposed the confirmation of Loretta Lynch to be Attorney General because her confirmation hearing testimony led me to believe that she would be too political in her handling of the job, just as Eric Holder had been. On the Sunday morning shows today Lynch demonstrated, once again, a troubling politicization of the function of the Department of Justice. Lynch announced that the audio of the 911 calls from Orlando terrorist Omar Mateen will not be released, and the transcripts will remove the portion where he pledged allegiance to ISIS. Real Clear Politics reports, Lynch: "Partial Transcript" Of Orlando 911 Calls Will Have References To Islamic Terrorism RemovedShare Video:

Posted by Fuzzy Slippers on May 28, 2016 11 Comments
We've been covering the Hillary Clinton email scandal here at LI, and now it seems that the Obama administration is actively working to prevent her deposition. The Hill reports:
The Obama administration is trying to prevent former Secretary of State Hillary Clinton from being deposed in an ongoing open records case connected to her use of a private email server. Late Thursday evening, the Justice Department filed a court motion opposing the Clinton deposition request from conservative legal watchdog Judicial Watch, claiming that the organization was trying to dramatically expand the scope of the lawsuit.
Judicial Watch is “seeking instead to transform these proceedings into a wide-ranging inquiry into matters beyond the scope of the court’s order and unrelated to the FOIA request at issue in this case,” government lawyers wrote in their filing, referring to the Freedom of Information Act. The Hill continues:
The lawyers wrote that the request to interview Clinton “is wholly inappropriate” before depositions are finished in a separate case also concerning the email server.

Posted by Kemberlee Kaye on May 23, 2016 14 Comments
Virginia's Democratic Governor Terry McAuliffe is in a bit of hot water. Monday, CNN was the first to report McAuliffe was under the FBI and Justice Department microscope. At the center of the investigation -- whether certain donations to his election campaign were extra-legal. McAuliffe served as a board member for former President Clinton's Clinton Global Initiative. His time there is also part of the federal investigation.

Posted by New Neo on May 16, 2016 13 Comments
National Review's David French suggests that states should reject federal funding if they wish to remain free from executive actions such as the Obama administration's directive on school bathrooms [emphasis mine]:
Without an act of Congress, without a ruling from the Supreme Court, and without even going through the motions of the regulatory rule-making process, the administration issued a letter drafting every single public educational institution in the country to implement the extreme edge of the sexual revolution... ...We must fix our education system or slowly but surely lose our culture. Indeed, virtually every other conservative endeavor — whether it’s winning elections, transforming media, or infiltrating pop culture — will fail if the entire edifice of public education is arrayed against us. The system, however, can’t be reformed from within: It’s stacked top-to-bottom with progressive activists even in red states.

Posted by Taryn O'Neill on February 11, 2016 5 Comments
Following through with a threat made last week, a group of hackers released data pertaining to as many as 30,000 federal government employees. Hacktivists released the information in two waves via a Twitter account by the name of @DotGovs. The data was posted on the encrypted text-sharing website by the name of Cryptobank. The first release took place place shortly after kickoff on Super Bowl Sunday and included a directory of names, job titles, and contact information of 9,355 employees of the U.S. Department of Homeland Security. The second directory was released on Monday and contained subsequent information on 20,000 employees of the FBI. This is more than half of FBI personnel. Tweets from the @DotGovs account were filled with pro-Palestine hashtags. One tweet was directed towards the U. S., saying the hackers would not stop "until they cut relations with Israel."

Posted by William A. Jacobson on January 29, 2016 56 Comments
The political interference by the White House in the investigation of Hillary Clinton just took a big step up. Previously, in a 60 Minutes interview in October 2015, Obama pretty much signaled Justice to lay off Hillary (emphasis added):
Steve Kroft: Did you know about Hillary Clinton’s use of private email server– President Barack Obama: No. Steve Kroft: –while she was Secretary of State? President Barack Obama: No. Steve Kroft: Do you think it posed a national security problem? President Barack Obama: I don’t think it posed a national security problem. I think that it was a mistake that she has acknowledged and– you know, as a general proposition, when we’re in these offices, we have to be more sensitive and stay as far away from the line as possible when it comes to how we handle information, how we handle our own personal data. And, you know, she made a mistake. She has acknowledged it. I do think that the way it’s been ginned-up is in part because of– in part– because of politics. And I think she’d be the first to acknowledge that maybe she could have handled the original decision better and the disclosures more quickly. But–

Posted by William A. Jacobson on January 24, 2016 45 Comments
From the moment the Hillary email server scandal broke, there have been conflicting reports and claims about if and how the server was "wiped" clean. At an August 2015 appearance, Hillary famously said she didn't know if it was wiped:
“Did you try to wipe the hard drive?” “I have no idea… that’s why we turned it over … “You were in charge of it, did you wipe the server?” “What, with a cloth or something? …. No”
Since then there are reports that the most sensitive, highest-levels of classified information were found in emails, including human source intel. The material is so sensitive that lawmakers are not even permitted to view the intel that was on Hillary's home server.

Posted by Jonathan Levin on January 20, 2016 22 Comments
The Judiciary is taking a first, timid step toward interceding on Congress's side and against executive over-reach regarding the Operation Fast and Furious. On Tuesday, Judge Amy Berman Jackson of the United States District Court for the District of Columbia ruled that the Department of Justice must hand over to Congress documents pertaining to "Fast and Furious," despite President Obama's assertion of the "deliberative process" privilege.

Background

Fast and Furious was an operation by the Bureau of Alcohol, Tobacco and Firearms ("ATF") meant to identify Mexican gun-runners by intentionally putting firearms into the stream of illegal commerce and tracking their progress to roll-up the participants.  Instead, Fast and Furious inadvertently released thousands of firearms into criminal hands, some of which were connected to the murder of a U.S. Border Patrol agent in 2010.

Posted by Amy Miller on October 14, 2015 24 Comments
This week the Department of Justice created a new position aimed at coordinating investigations into the growth and threat of domestic terrorism. Current Assistant Attorney General John Carlin announced the move today during a speech focusing on the DOJ's efforts to combat extremism at home. From today's remarks at the George Washington University - Southern Poverty Law Center event [emphasis mine]:
At NSD [National Security Division], in order to ensure that we are gaining the benefits of the information and input from those eyes on the ground from around the country, and in recognition of a growing number of potential domestic terrorism matters around the United Sates, we have created a new position to assist with our important work in combatting domestic terrorism. Just this week, we appointed a new Domestic Terrorism Counsel to serve as our main point of contact for U.S. Attorneys working on domestic terrorism matters. The new DT Counsel will not only help ensure that DT cases are properly coordinated, but will also play a key role in our headquarters-level efforts to identify trends to help shape our strategy, and to analyze legal gaps or enhancements required to ensure we can combat these threats. The new counsel will also play an important role with the DTEC by providing its members with insights from cases and trends from around the country.

Posted by Mike LaChance on July 30, 2015 11 Comments
Chaka Fattah, a Democrat who represents Pennsylvania's second district, has been charged with racketeering conspiracy alongside four other people in a case that smacks of influence peddling. The Department of Justice announced the charges yesterday:
Congressman Chaka Fattah and Associates Charged with Participating in Racketeering Conspiracy A member of Congress and four of his associates were indicted today for their roles in a racketeering conspiracy involving several schemes that were intended to further the political and financial interests of the defendants and others by, among other tactics, misappropriating hundreds of thousands of dollars of federal, charitable and campaign funds. Congressman Chaka Fattah Sr., 58, of Philadelphia; lobbyist Herbert Vederman, 69, of Palm Beach, Florida; Fattah’s Congressional District Director Bonnie Bowser, 59, of Philadelphia; and Robert Brand, 69, of Philadelphia; and Karen Nicholas, 57, of Williamstown, New Jersey, were charged today in a 29-count indictment with participating in a racketeering conspiracy and other crimes, including bribery; conspiracy to commit mail, wire and honest services fraud; and multiple counts of mail fraud, falsification of records, bank fraud, making false statements to a financial institution and money laundering.
Naturally, Fattah denies the charges:

Posted by Mike LaChance on May 24, 2015 22 Comments
Department of Justice official Vanita Gupta has come under fire for suggesting the riots in Baltimore and Ferguson should be blamed in part on slavery and Jim Crow laws. J. Christian Adams of PJ Media recently wrote:
DOJ Official: Slavery to Blame for Riots in Ferguson and Baltimore Vanita Gupta, head of the Department of Justice Civil Rights Division, has told a lawyers group in Colorado that slavery and Jim Crow helped fuel the Ferguson and Baltimore riots. The last few days have seen a number of fanciful stories with the Obama administration seemingly questioning the authority of local police. I’ve long maintained that the administration is nakedly seeking to federalize policing standards — but get rid of local police? No way, that sounds like something broadcast from a shortwave station in Austin, Texas. But then up steps Vanita Gupta to lend some credibility to the idea that some want to disband local police and replace police powers with the federal government. Speaking to a group of left-wing lawyers in Colorado, Gupta had this to say:
The conversation in these rooms, however, is not about whether to have police or not but about what kind of policing communities want and deserve. There is no question that we need police in our communities.
The conversation? What conversation is Gupta hearing that needs to be corrected? Who brought up the idea we might not need police? Nobody sane, for sure.
Megyn Kelly recently discussed the subject with conservative author Michelle Malkin, who analyzed the issue in a political context.