Ex-Federal Employee Hounded by YouKnowWho Gets a GoFundMe For Legal Defense Fund

Posted: 3:50 am ET

 

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Ex-FSO William Syring Charged With Hate Crime and Threats to Arab American Institute Employees

Posted: 4:09 am ET

 

On February 21, USDOJ indicted former FSO William Patrick Syring for hate crime and threatening employees of the Arab American Institute. Below is the DOJ statement:

The Justice Department today charged William Patrick Syring, 60, from Arlington, Virginia, to four counts of threatening employees of the Arab American Institute (AAI) because of their race and national origin, three counts of threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and seven counts of transmitting threats to AAI employees in interstate commerce. A summons was issued for Syring to appear in federal court in Washington, D.C. AAI is a Washington D.C. based private non-profit organization whose purpose is to encourage the direct participation of Arab Americans in political and civic life in the United States.

Each charge of threatening AAI employees because of their race and national origin and because of their advocacy on behalf of AAI provides for a sentence of no greater than one year in prison, one year of supervised release, and a fine of up to $100,000. Each charge of transmitting a threat in interstate commerce provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000.

According to court documents, Syring previously pleaded guilty to threatening AAI employees through e-mails and voicemails sent in 2006. Syring was sentenced on July 11, 2008 to 12 months of imprisonment followed by three years of post-release supervision, 100 hours of community service, and was ordered to pay a $10,000 fine.

Following termination of his supervised release, Syring resumed communications with AAI employees, sending AAI employees over 350 e-mails from March 2012 to January 2018. Several of the e-mails Syring sent to AAI employees during this time period contained true threats using language similar to that which formed the basis of his prior conviction.

This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.

As noted in the current indictment, Syring was previously charged in 2006 for similar threats in four emails and three voicemails. The current indictment alleged he sent 350 e-mails from March 2012 to January 2018.

He retired from the State Department in July 2007 and he pleaded guilty in that previous case in June 2008. See an excerpt from the 2008 DOJ statement:

W. Patrick Syring, a former foreign service officer with the U.S. Department of State, pleaded guilty today in federal court in Washington, D.C., to federal civil rights charges for threatening employees of the Arab American Institute (AAI) because of their race and national origin. Syring is scheduled to be sentenced on June 30, 2008.

During his guilty plea hearing, Syring admitted that he sent a series of threatening email and voicemail communications to six employees of AAI in July 2006, that he intended to interfere with his victims’ employment, and that he sought to intimidate the victims because of their race as Arab- Americans and their national origin as Lebanese-Americans. AAI is a nonprofit organization based in Washington, D.C., that promotes Arab-American participation in the U.S. electoral system. In addition to pleading guilty to violating a federal civil rights statute that prohibits race- or national origin-based interference with employment, Syring pleaded guilty to a felony count of sending threatening communications in interstate commerce. Syring faces a maximum sentence of six years imprisonment.

According to the indictment, Syring sent four emails and three voicemails to AAI employees from approximately July 17 to 29, 2006. An additional email condemned AAI for a fatal shooting at the Jewish Federation of Greater Seattle in July 2006 that was committed by a lone gunman who had no affiliation with AAI.

A career foreign service officer and a resident of Arlington, Va., Syring retired from the US Department of State in July 2007.

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New Ambassador Stephen King Presents His Credentials in Prague

Posted: 3:44 am ET

 

AND NOW THIS —

In related news, they loved Stephen King over there, but the other Stephen King.

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Trump Fires FBI’s James Comey: Cartoonists Around the World React #ComeyFiring

Posted: 3:27 am ET
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The following is by Tjeerd Royaards, Editorial Cartoonist and Editor-in-Chief of  from Amsterdam, The Netherlands.

This is by Maarten Wolterink@mwcartoons, cartoonist for Joop.nl, Cartoon Movement, Cartooning for Peace, also from The Netherlands:

This one is from Martin Sutovec of Slovakia via @PRI:

The following is by Rod Emmerson@rodemmerson, the Editorial Cartoonist of The New Zealand Herald:

The following is by Michael de Adder@deAdderpolitical cartoonist and author from Halifax, Nova Scotia:

The following is by Ben Jennings, @BJennings90a London based cartoonist/illustrator whose work has appeared worldwide.

This one is by Christian Adams@Adamstoon1, the multi-award winning Political Cartoonist for the London Evening Standard.

From Matt Wuerker@wuerkerthe staff cartoonist and illustrator for POLITICO.

From Ann Telnaes@AnnTelnaes, “Pushy Nasty Woman Pulitzer prize winning editorial cartoonist for the Washington Post.”

Here’s next week’s cover, “Ejected,” by Barry Blitt, who also did “Broken Windows”  via

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@StateDept OMS Arrested/Charged With Concealing Extensive Contacts With Chinese Intel Agents

Posted: 5:17 pm ET
Updated: March 30, 4:18 am ET  
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On March 29, the Justice Department announced the arrest of State Department employee, Candace Marie Claiborne, 60, of Washington, D.C. for obstructing an official proceeding and making false statements to the FBI, both felony offenses, and for allegedly concealing numerous contacts that she had over a period of years with foreign intelligence agents.  The State Department phone directory dated March 27, 2017 lists Candace Claiborne as an Office Management Specialist (OMS) at the Office of Caucasus Affairs and Regional Conflicts (EUR/CARC). This office has desk officers for Armenia, Georgia, and Azerbaijan, as well as the Minsk Group Co-Chair.  The Minsk Group  provide a forum for negotiations towards a peaceful settlement in the Nagorno-Karabakh conflict involving Armenia and Azerbaijan.

The DOJ announcement notes that Claiborne has been an Office Management Specialist (OMS) for the Department of State in since 1999 and has served overseas at a number of posts, including embassies and consulates in Baghdad, Iraq, Khartoum, Sudan, and Beijing and Shanghai, China.  Given the lengths of the tours of duty, we suspect that she was in more than four posts in 18 years, but we have yet to see a copy of the FBI complaint. OMSs provide office management and administrative support including managing the calendar(s) and schedule(s) for senior staff, proofing, editing, tracking and filing documents, preparing agenda and materials for meetings, providing computer and mobile device support, knowledge management, and planning and assisting with official events and visitors. Read more about OMSs here.

According to the FBI agent’s affidavit supporting the criminal complaint and arrest warrant, “there is probable cause to believe that Claiborne made materially false statements to federal law enforcement officers, in violation of 18 U.S.C. 1001, and conspired with Co-Conspirators A B, and C to obstruct an official proceeding, in violation of 18 U.S.C. 1512. These criminal violations werc either begun or committed in Washington D.C., where Claiborne resides and works, and where the Department of State is headquartered or were begun or committed overseas, out of the jurisdiction of any particular state.”  But who’s Co-Conspirator A, and why wasn’t he charged?

Read the criminal complaint here via Politico. It looks pretty bad. 

Below is the DOJ announcement:

State Department Employee Arrested and Charged With Concealing Extensive Contacts With Foreign Agents

A federal complaint was unsealed today charging Candace Marie Claiborne, 60, of Washington, D.C., and an employee of the U.S. Department of State, with obstructing an official proceeding and making false statements to the FBI, both felony offenses, for allegedly concealing numerous contacts that she had over a period of years with foreign intelligence agents.

The charges were announced by Acting Assistant Attorney General Mary B. McCord for National Security, U.S. Attorney Channing D. Phillips of the District of Columbia and Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office.

“Candace Marie Claiborne is a U.S. State Department employee who possesses a Top Secret security clearance and allegedly failed to report her contacts with Chinese foreign intelligence agents who provided her with thousands of dollars of gifts and benefits,” said Acting Assistant Attorney General McCord. “Claiborne used her position and her access to sensitive diplomatic data for personal profit. Pursuing those who imperil our national security for personal gain will remain a key priority of the National Security Division.”

“Candace Claiborne is charged with obstructing an official proceeding and making false statements in connection with her alleged concealment and failure to report her improper connections to foreign contacts along with the tens of thousands of dollars in gifts and benefits they provided,” said U.S. Attorney Phillips. “As a State Department employee with a Top Secret clearance, she received training and briefing about the need for caution and transparency. This case demonstrates that U.S. government employees will be held accountable for failing to honor the trust placed in them when they take on such sensitive assignments”

“Candace Claiborne is accused of violating her oath of office as a State Department employee, who was entrusted with Top Secret information when she purposefully mislead federal investigators about her significant and repeated interactions with foreign contacts,” said Assistant Director in Charge Vale. “The FBI will continue to investigate individuals who, though required by law, fail to report foreign contacts, which is a key indicator of potential insider threats posed by those in positions of public trust.”

The FBI arrested Claiborne on March 28. She made her first appearance this afternoon in the U.S. District Court for the District of Columbia.

According to the affidavit in support of the complaint and arrest warrant, which was unsealed today, Claiborne began working as an Office Management Specialist for the Department of State in 1999. She has served overseas at a number of posts, including embassies and consulates in Baghdad, Iraq, Khartoum, Sudan, and Beijing and Shanghai, China. As a condition of her employment, Claiborne maintains a Top Secret security clearance. Claiborne also is required to report any contacts with persons suspected of affiliation with a foreign intelligence agency.

Despite such a requirement, the affidavit alleges, Claiborne failed to report repeated contacts with two intelligence agents of the People’s Republic of China (PRC), even though these agents provided tens of thousands of dollars in gifts and benefits to Claiborne and her family over five years. According to the affidavit, the gifts and benefits included cash wired to Claiborne’s USAA account, an Apple iPhone and laptop computer, Chinese New Year’s gifts, meals, international travel and vacations, tuition at a Chinese fashion school, a fully furnished apartment, and a monthly stipend. Some of these gifts and benefits were provided directly to Claiborne, the affidavit alleges, while others were provided through a co-conspirator.

According to the affidavit, Claiborne noted in her journal that she could “Generate 20k in 1 year” working with one of the PRC agents, who, shortly after wiring $2,480 to Claiborne, tasked her with providing internal U.S. Government analyses on a U.S.-Sino Strategic Economic Dialogue that had just concluded.

Claiborne, who allegedly confided to a co-conspirator that the PRC agents were “spies,” willfully misled State Department background investigators and FBI investigators about her contacts with those agents, the affidavit states. After the State Department and FBI investigators contacted her, Claiborne also instructed her co-conspirators to delete evidence connecting her to the PRC agents, the affidavit alleges.

Charges contained in a criminal complaint are merely allegations, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

The maximum penalty for a person convicted of obstructing an official proceeding is 20 years in prison. The maximum penalty for making false statements to the FBI is five years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

At her court appearance today, Claiborne pleaded not guilty before the Honorable Magistrate Judge Robin M. Meriweather. A preliminary hearing was set for April 18.

The FBI’s Washington Field Office is leading the investigation into this matter. The case is being prosecuted by Assistant U.S. Attorneys John L. Hill and Thomas A. Gillice for the District of Columbia and Trial Attorney Julie Edelstein of the National Security Division’s Counterintelligence and Export Control Section.

It looks like the arrest warrant was issued yesterday, and the complaint was unsealed today, but we have yet to locate the charging document.  As with the DOJ statement, we should note that charges contained in a criminal complaint are allegations, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

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USA Offers Up to $5 Million #Reward For Information on Joel Shrum Murder in #Yemen

Posted: 2:47 am ET
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On March 15, in partnership with the U.S. Department of State’s Rewards for Justice program, the FBI announced a reward of up to $5 million for information on the murder of U.S. citizen Joel Wesley Shrum in Ta’izz, Yemen in 2012. The RFJ announcement notes that at the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children. Below is the FBI announcement:

The FBI Washington Field Office, in partnership with the U.S. Department of State’s Rewards for Justice program, announced today a reward of up to $5 million for information leading to the arrest or conviction in any country of any individual who committed, conspired to commit, or aided or abetted in the commission of, the murder of U.S. citizen Joel Wesley Shrum.

On March 18, 2012, Joel Wesley Shrum, 29, was driving to his place of employment in Ta’izz, Yemen when two gunmen armed with AK-47s approached Shrum’s vehicle on a motorcycle and fired on the vehicle. Shrum was pronounced dead on the scene. Al Qaeda in the Arabian Peninsula (AQAP) claimed responsibility for the murder. The U.S. State Department designated AQAP as a Foreign Terrorist Organization in 2010. At the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children.

Individuals with information concerning the shooting of Joel Shrum are asked to contact the FBI or the nearest American Embassy or Consulate or submit a tip on the FBI’s website by visiting tips.fbi.gov. Tips can remain confidential. Additional information regarding Joel Shrum, including a seeking information poster with his picture, is available on the FBI’s website at http://www.fbi.gov/wanted/seeking-info or on the U.S. Department of State’s Rewards for Justice program website at www.rewardsforjustice.net.

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Burn Bag: Where Grievances Won’t Get Brushed Under the Rug?

Via Burn Bag:

“For the person who got sexually assaulted while working as a FSO at the State Department at one of their missions, and who doesn’t want to report it to State Dept officials and/or the police, he/she can always go to the Legat office, or at a smaller Embassy find out which Legat covers their Embassy and report the crime to their office.  Legats and Assistant Legats are FBI agents who work overseas, and they are not affiliated with the State Dept.  Therefore, their grievances won’t get brushed under the rug, and they can make sure some REAL accountability is obtained.”

via tenor.co

 

Related posts:

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Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Posted: 8:20 pm ET
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As of 8:06 pm ET, January 29, the Trump Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] for 90 still has to show up on the White House website. A copy is available from the LA Times here,  but we are reposting it below in full text for easy reference:

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release

January 27, 2017

EXECUTIVE ORDER

PROTECTING the Nation from Foreign Terrorist Entry into the United States

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1 . Purpose . The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.

Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.

Sec . 2 . Policy . It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.

Sec . 3 . Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern

(a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.

(c)  To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

(d)  Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.

(e)  After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

(f)  At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g)  Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

(h)  The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.

Sec . 4 . Implementing Uniform Screening Standards for All Immigration Programs

(a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.

(b)  The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.

Sec . 5 . Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017

(a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.

(b)  Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.  Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

(c)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.

(d)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

(e)  Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.

(f)  The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.

(g)  It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.  To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec . 6 . Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility

The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.

Sec . 7 . Expedited Completion of the Biometric Entry-Exit Tracking System

(a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b)  The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section.  The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order.  Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.

Sec . 8 . Visa Interview Security

(a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

Sec . 9 . Visa Validity Reciprocity

The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.

Sec . 10 . Transparency and Data Collection

(a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i)   information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to aterrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii)   information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii)  information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later;

and

 (iv)   any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

 (b)  The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.

Sec . 11 . General Provisions

(a) Nothing in this order shall be construed to impair or otherwise affect:

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

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

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

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

 

DONALD J. TRUMP

THE WHITE HOUSE,

January 27, 2017.

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CCTV and Starbucks Receipt Help Identify Zia Zafar in Attempted Murder of U.S. Diplomat in Mexico

Posted: 2:44 am ET
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Via USDOJ | january 10, 2016 | Zafar Photos

Zia Zafar, 31, of Chino Hills, California, made his initial appearance here today after being charged with the attempted murder of a diplomat stationed at the U.S. Consulate in Guadalajara, Mexico.

According to the criminal complaint, on January 6, Zafar disguised himself and followed a Vice Consul of the U.S. Consulate in Guadalajara through a parking garage to his vehicle. After the Vice Consul got into his car and drove towards the garage exit, Zafar allegedly shot him once in the chest and fled. The Vice Consul was taken to a local hospital, where he currently remains. Zafar was subsequently detained by Mexican authorities.

Zafar was deported from Mexico yesterday afternoon and arrived in the United States last night. He was immediately arrested and charged with attempted murder of an internationally protected person. Zafar faces a maximum penalty of 20 years in prison if convicted. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

The Department of Justice gratefully acknowledges the government of Mexico, to include the Secretaría de Relaciones Exteriores, Procuraduria General de la Republica, Fiscalia del Estado de Jalisco and Instituto Nacional de Migracion for their extraordinary efforts, support and professionalism in responding to this incident.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Leslie R. Caldwell, Assistant Attorney General of the Justice Department’s Criminal Division; George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office; and Bill A. Miller, Director of the U.S. Department of State’s Diplomatic Security Service (DSS), made the announcement after Zafar’s initial appearance before U.S. Magistrate Judge John F. Anderson. The case is being prosecuted by Assistant U.S. Attorney William M. Sloan, and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section.

The FBI and DSS are investigating the case in close cooperation with Mexican authorities and with assistance from the Justice Department’s Office of International Affairs, DEA and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The Justice Department notes that the charges in the criminal complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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Zafar was charged with the attempted murder of Christopher Ashcraft, an “internationally protected person outside the United States, in violation of Title 18, United States Code, Section 1116(a)”.  Court records  indicate that Zafar is represented by Whitney E.C. Minter of the Office of the Federal Public Defender (Alexandria, VA).

Below is an excerpt from the affidavit executed by David J. DiMarco, Special Agent of the Federal Bureau of Investigation (FBI) in support of criminal complaint application and arrest warrant in this case:

Probable Cause and Details of the Investigation

8. On or about January 6, 2017, Christopher Ashcraft visited a gym adjacent to a shopping center located at Avenida Vallarta #3300 in Guadalajara, Mexico. At approximately 6:19 p.m., an individual later identified as the Defendant, ZIA ZAFAR, shot Ashcraft with a pistol as Ashcraft was leaving the gym parking lot in his personal vehicle. The round struck Ashcraft in the chest. Ashcraft was taken to a local hospital for medical treatment, where he currently remains.

9. Special Agents with the FBI interviewed Ashcraft at the hospital. During the interview, Ashcraft stated that when he exited the gym, he noticed the individual later identified as ZAFAR, who was wearing blue scrubs, white shoes, and what appeared to be a wig. Based upon ZAFAR’s behavior, Ashcraft felt as though ZAFAR was waiting for him. Ashcraft walked to a payment terminal to pay for his parking. When Ashcraft turned to walk towards his vehicle, he saw that ZAFAR was following him. Ashcraft felt threatened and walked to a populated area of the parking garage. Once ZAFAR was no longer following him, Ashcraft got into his vehicle and drove towards the garage exit. Ashcraft was shot once in the chest while exiting the garage.

10. Surveillance video from the shopping center and parking garage was obtained by Mexican law enforcement. The video shows a male (later identified as ZAFAR) wearing what appears to be a wig, sunglasses, blue scrubs, and white shoes. ZAFAR appears to be following Ashcraft as Ashcrafl exits the gym and pays for his parking at approximately 6:16 p.m. The video then shows ZAFAR following Ashcraft for approximately three seconds. As Ashcraft walks to a different area of the garage, the video shows ZAFAR walking up an incoming vehicle ramp at 6:17 p.m. Approximately one minute later, ZAFAR is seen at the top of the exit vehicle ramp, pacing back and forth with his right hand in his pocket. At approximately 6:19 p.m., Ashcraft’s vehicle pulls up to the garage exit. The video shows ZAFAR taking aim with a pistol and firing into the windshield. The video then shows ZAFAR fleeing the scene.

Identification of ZIA ZAFAR

1 1. On or about January 7, 2017, Mexican law enforcement obtained surveillance video from a nearby Starbucks located at Avenida Vallarta #3300, Guadalajara, Mexico. The Starbucks video, dated January 6, 2017, shows an individual matching the description of the above-referenced shooter. Mexican law enforcement obtained a Starbucks receipt dated January 6, 2017, 5:19 p.m. for a purchase totaling 58 Mexican Pesos, paid, by credit card, and signed by the purchaser bearing the name Zafar/Zia.

12. A search of a Mexican Immigration database revealed that ZAFAR, who entered Mexico on a student visa, was born on REDACTED 1985, and holds a U.S. Passport bearing the number REDACTED. A search of Department of Motor Vehicles (DMV) records from California revealed that ZIA ZAFAR, born on REDACTED 1985, holds a California driver’s license bearing the number REDACTED. The records obtained from the Califomia DMV include a signature which bears remarkable similarity to the signature on the aforementioned Starbucks receipt.

13. Mexican Immigration records revealed that ZAFAR reported his local residence in Mexico as in Guadalajara, Mexico. Mexican law enforcement conducted surveillance at the residence on January 7, 2017, at approximately 8:14 p.m. and noted the presence of a Honda Civic with California license plate number 4RZH452. A subsequent check of California DMV records revealed the car was registered to ZAFAR.

14. Mexican law enforcement subsequently detained ZAFAR inside the above-listed residence.

15. Mexican law enforcement searched the residence and recovered a pistol and several forms of identification bearing the name ZIA ZAFAR. A pair of sunglasses and a wig similar to the ones seen in the surveillance video were also recovered fiom the residence.

The court has ordered Zafar’s detention pending trial. In addition to safety of the community, other reasons cited for the detention includes “lack of significant community or family ties to this district”, “significant family or other ties outside the United States”, “history of violence or use weapon”, and “background information unknown or unverified.”

 

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DHS/FBI Issues Joint Analysis Report: GRIZZLY STEPPE – Russian Malicious Cyber Activity (Read Report)

Posted: 1:32 pm PT
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Related to the declaration of 35 Russian officials persona non grata for malicious cyber activity and harassment (see USG Declares 35 Russian Officials Persona Non Grata, Imposes New Sanctions), DHS and FBI also released a Joint Analysis Report (JAR) which provide details of the tools and infrastructure used by Russian intelligence services to compromise and exploit networks and infrastructure associated with the recent U.S. election, as well as a range of U.S. government, political and private sector entities. Below via us-cert.gov: from the JAR: GRIZZLY STEPPE – Russian Malicious Cyber Activity. Click on image below to read the full Joint Analysis Report from DHS/FBI: JAR_16-20296. Original document is posted here.

In spring 2016, APT28 compromised the same political party, again via targeted spearphishing. This time, the spearphishing email tricked recipients into changing their passwords through a fake webmail domain hosted on APT28 operational infrastructure. Using the harvested credentials, APT28 was able to gain access and steal content, likely leading to the exfiltration of information from multiple senior party members. The U.S. Government assesses that information was leaked to the press and publicly disclosed.  

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