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July 29, 2016 / 23 Tammuz, 5776

Posts Tagged ‘probe’

FBI Backs Down, Hillary Clinton Not Charged on Personal Server Use at State Dept.

Tuesday, July 5th, 2016

FBI Director James B. Comey told reporters on Tuesday (July 5) he would not advise the Justice Department to file criminal charges against Democratic presidential candidate Hillary Clinton over her use of personal servers for all emails during her tenure at the U.S. State Dept.

“No reasonable prosecutor would bring such a case,” he said, explaining that in order to file criminal charges, the agency needed to prove deliberate intent to send and receive classified and/or secret information on a personal server.

However, he said, “There was evidence that [she and others with whom she communicated] were extremely careless in their handling of very sensitive and classified information,” Comey told reporters at a news conference in Washington DC.

Clinton clearly put national security at risk, he acknowledged. Any regular government official could have faced administration penalties for the same actions, he said.

Over the past year, the agency scrutinized 30,000 emails, checked numerous servers and spoke with dozens of aides and other staff members. Of the emails that were examined over the past year, 110 emails in 52 chains contained classified information; 36 chains were determined to contain “Secret” information. Nine chains contained “Top Secret” information and eight chains contained “Classified information. Thousands of emails were not turned over to the authorities.

But that’s not all: At least 34,000 emails were destroyed by Clinton and her attorneys, who reportedly made the decision on which ones who permanently destroy by sorting them using keywords and scanning with subject lines, Fox News reported.

The former Secretary of State was questioned three days ago by the FBI, just after her husband and former President Bill Clinton hopped aboard a plane on the tarmac before Justice Department Attorney General Loretta Lynch could disembark. The two chatted for about 30 minutes “allegedly “only” about their grandchildren, and former colleagues,” Lynch said later when asked by reporters.

But the whiff of other issues was unmistakable, and Hillary Clinton’s session with the FBI followed soon after, after a year of resistance and very involved, dragged out scrutiny into how and where her long-lost emails had gone missing. Lynch subsequently said she would most likely stand by the FBI’s recommendations regarding any indictment following the investigation into Clinton’s use of her personal server.

Some of those emails were destroyed by Clinton’s own attorneys, who reportedly made the decision on which ones to ditch by sorting with keywords and scanning the subject lines, according to a report broadcast on Fox News.

When considering the standard regulations, at the very least the State Department should revoke Hillary Clinton’s Top Secret security clearance at this point, given the concrete evidence uncovered thus far. But “should” does not seem to apply in this campaign, let alone in the legal sphere when it comes to Hillary Clinton, according to former U.S. District Attorney and New York City Mayor Rudy Giuliani.

The investigation was focused on whether or not Clinton violated 18 U.S.C. Section 793 of the Espionage Act — which Comey contends that she did not, due to lack of “intent.”

But Giuliani disagreed in an interview on Fox News Tuesday afternoon, pointing out that provision (f) in the code is very specific, defining “extreme carelessness” as “gross negligence.” That, he said, is a felony under the law — which means that Hillary Clinton broke the law. Repeatedly:

Whoever, being entrusted with or having lawful possession or control of any document. . .relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer, Shall be fined under this title or imprisoned not more than ten years, or both.

Hana Levi Julian

NYPD Caught in Crossfire While FBI Probes Mayor De Blasio’s Business Contacts

Wednesday, April 6th, 2016

The New York Police Department’s top brass — as well as those in the lower echelons — are being questioned by the FBI in a probe that extends all the way to Mayor Bill de Blasio.

The investigation developed as the result of two-year-old corruption probe that began with the 20-year head of a union representing NYC corrections officers, and a second individual who retired in 2014 as the police department’s top uniformed official.

The federal agency is now also focusing on two members of the Orthodox Jewish community in Brooklyn who apparently have ties to the mayor, according to local sources. The specific allegations against the two are unclear.

Both allegedly raised a large amount of money for de Blasio’s mayoral election campaign and served on his inaugural committee in 2013. Neither has been charged with a particular crime, according to The New York Times.

In order to put the pieces together, FBI agents have questioned police officials from the very top of the food chain all the way down to a detective in Brooklyn’s 66th precinct, The New York Post reported Tuesday. That precinct is located in the heart of the deeply Jewish neighborhood of Borough Park.

The list of those questioned included police department chiefs, inspectors, captains and other police officials. A union head for top brass said members have been and still are cooperating with the probe. All have been told they are not the targets of this investigation; but if wrongdoing is uncovered, they could face administrative charges or dismissal. In such cases, “wrongdoing” can include acceptance of gifts, free meals or vacations and similar favors.

The investigation is being conducted with prosecutors from the U.S. Attorney’s Office in Manhattan.

At least police detective has declined so far to answer questions before a federal grand jury that began hearing evidence in the case.

Police Commissioner William J. Bratton told reporters at an unrelated news briefing Tuesday that the unnamed officer has been stripped of his badge and weapon, and placed on modified assignment until the investigation wraps up.

Hana Levi Julian

IDF, Independent UN Commission to Probe Events at UNRWA Schools

Wednesday, September 10th, 2014

The IDF and the United Nations are both investigating the events that took place in Gaza this summer during Israel’s counter terror Operation Protective Edge, particularly at United Nations-run facilities.

The Chief Military Prosecutor of the Israel Defense Forces, Maj.-Gen. Dani Efroni has opened two criminal investigations: one into the July 16 air strike on a Gaza beach that left four Arab boys dead, and another into an attack at a United Nations school on July 24 in which 14 Gaza residents were killed.

Six teams of military experts who underwent specialized legal training and who are reserve officers have been assigned the task of investigating the incidents. A senior IDF officer was quoted by The Jerusalem Post as saying the teams would be able to render detailed decisions in a reasonable amount of time, inasmuch as they are not part of the chain of command due to their reserve status.

All told, the IDF MAG (Military Advocate General) Corps has opened reviews into 44 events that took place during this summer’s 50-day counter terror Operation Protective Edge. In addition, another 55 cases are to be investigated in the coming weeks, military sources told journalists on Wednesday. Two cases have already been referred for criminal investigation. Seven were closed, three are pending but may go to criminal investigations, and 12 others are being scrutinized.

One of the three pending cases involves a claim by a 17-year-old Gaza youth who said he was detained and held for five days by IDF soldiers. The youth said the soldiers beat him while moving him from place to place. The second incident involves alleged looting by an IDF soldier in Gaza City. The third investigation revolves around the death of a Gaza woman who coordinated an exit from her home, but ended up shot and killed.

Meanwhile, United Nations Secretary-General Ban Ki-moon is also setting up a separate, independent commission of inquiry to look into the events that took place at UNRWA (UN Relief and Works Agency) facilities in Gaza during the war. The separate commission, said Ban, will investigate attacks on UNWRA schools, and destruction of UNRWA facilities, the injuries and deaths of UNRWA employees in Gaza, as well as the use of UNRWA facilities as weapons storage areas by Hamas and allied terrorist organizations, “no matter what.”

The IDF has amassed a myriad of satellite photos and other concrete evidence documenting the exploitation of UNRWA facilities by Hamas and other terrorists.

Ban told the Arabic-language Al Hayat newspaper on Wednesday the special commission would operate independently from that established by the UN Human Rights Council, headed by anti-Israel Canadian law professor William Schabas. The UNHRC investigating committee was set up solely to investigate alleged human rights violations and suspected war crimes committed by the IDF during the operation.

The IDF still has a list of incidents to be checked out, military sources said. A few were closed after it was ascertained no criminal wrongdoing had occurred — for example, a strike on a journalist in Gaza who was later discovered to have actually been a terrorist. He was suspected of transporting a missile in his car.

In another incident, on July 8, eight members of the Kaware family were killed in an IDF air strike on a home in Gaza. Israeli fighter pilots had first fired a small ‘knock on roof’ dud missile to warn the family of an impending attack and the family members did indeed leave the home. But then, inexplicably, they ran back into the house after a second, armed missile had already been fired at the target. All were killed.

Hana Levi Julian

Former NY Supreme Court Judge to Join UN Panel Probing Israel

Monday, August 25th, 2014

A member of the commission who carried out the follow-up to the United Nations Human Rights Commission’s Goldstone Report has been tapped to serve as the third member of the newest probe committee.

Former New York Supreme Court Judge Mary McGowan Davis is to take the place of British Lebanese attorney Amal Alamuddin, who declined the invitation to serve on the panel led by Canadian law professor William Schabas. The two will be joined by Doudou Diene.

The commission is intended to investigate whether the Israel Defense Forces were guilty of committing war crimes in countering terrorist activity this summer in Gaza, Judea, Samaria and Jerusalem; however, the panel is beginning its work without even acknowledging the basic definition of Hamas as a terrorist organization.

At present, Israel has decided not to cooperate with the panel in its investigation, based on past experience with probes that led to skewed conclusions based on false Gaza testimony and Israeli evidence omitted from reports.

Jewish Press News Briefs

Netanyahu: ‘UNHRC Legitimizes Hamas & ISIS; Nothing to Look For Here’

Thursday, August 14th, 2014

Israel is not likely to cooperate with a “kangaroo court” style investigation under the auspices of a committee set up by the biased United Nations Human Rights Commission.

Prime Minister Binyamin Netanyahu made that clear in his response to Canadian legal professor William Schabas, the head of the committee, who advised on Tuesday that it is in Israel’s “best interest” to cooperate with his investigation into Israel’s defense against Palestinian Arab terror — and particularly Hamas efforts to terrorize — Israeli citizens.

Netanyahu spoke with reporters in a news briefing following a meeting with New York Governor Andrew M. Cuomo, who flew to Israel to show his solidarity with the Jewish State.

“New York has always had a special relationship with Israel,” Cuomo told reporters. “As Hamas and other terrorist organizations continue to threaten Israel, now is the time to deliver that message of solidarity in person.”

The prime minister, who was asked whether Israel will cooperate with the UNHRC investigation, had some advice of his own for the committee (video is in Hebrew).

“The UN Human Rights Council gives legitimacy to murderous terrorist organizations such as Hamas and ISIS (Islamic State in Iraq and Syria),” he said.

“Instead of inquiring into Hamas’s attacks on Israeli civilians and its use of the residents of Gaza as human shields, and instead of inquiring into the massacres that Assad is perpetrating against the Syrian people or that ISIS is perpetrating against the Kurds, the UN has decided to come and check Israel – the only democracy in the Middle East, a democracy which is acting legitimately to defend its citizens against murderous terrorism.

“The report of this committee has already been written,” he said.

“The committee chairman (Canadian law professor William Schabas) has already decided that Hamas is not a terrorist organization; therefore, they have nothing to look for here.

“They should visit Damascus, Baghdad and Tripoli; they should go see ISIS, the Syrian army and Hamas – there they will find war crimes,” Netanyahu advised.

“Not here.”

Hana Levi Julian

Anti-Israel UN Investigator Prof. William Schabas ‘Can’t Say’ If Hamas is Terrorist Entity

Wednesday, August 13th, 2014

The man chosen to head the United Nations Human Rights Council’s latest probe into the war in Gaza won’t state clearly whether Hamas is a terror group. Moreoever, he says “some believe Israel ‘gets off easy’ at the UN Security Council.”

International Law Professor William Schabas, appointed to head the UNHRC probe into Operation Protective Edge, also claimed in an interview with Israel’s Channel 2 television news anchor Danny Kushmaro Tuesday that past comments he has made on the record, accusing Israel’s government leaders of war crimes were “exaggerated.”

Schabas was questioned about his alleged bias against Israel, which has led the foreign ministry to advise the prime minister not to cooperate with the investigation.

The man selected to investigate Israel’s counter terror operation against Hamas and allied terrorists in Gaza, Judea, Samaria and eastern Jerusalem this summer said a year ago that Prime Minister Binyamin Netanyahu would be his choice of a leader to send to the International Criminal Court (ICC) at The Hague.

Israel’s Channel 2 television news anchor Danny Kushmaro began the interview with a polite, if not cordial tone.

“Good evening Professor Schabas. Shall we say congratulations?”

“Uh… perhaps,” Schabas answered carefully.

Kushmaro then went right for the jugular, asking the UN investigator about his suggestion that Prime Minister Binyamin Netanyahu would be his “favorite” world leader to be brought before the International Criminal Court at The Hague to face war crimes charges.

“Not President Assad of Syria, Not Hamas leader Khaled Mashaal – you said, ‘Netanyahu.’ Can you explain why?’ the interviewer asked pointedly.

Schabas looked uncomfortable.

“We were having a discussion about the International Criminal Court,” he said, “and the fact that the International Criminal Court had focused all of its attention on African countries. I had referred to a statement by Archbishop Tutu, where he had said, ‘Tony Blair should be brought before the International Criminal Court to show that it can deal with Western countries as well as with countries from the south, and particularly from Africa.

“And so I said, well, uh, my favorite would be Netanyahu. I was, of course, echoing what was in the Goldstone Report, which is that the International Criminal Court should deal with the conclusions of the Goldstone Report, concluding the possibility that war crimes and crimes against humanity were committed during Operation Cast Lead.

“But as you know the International Criminal Court never did address those matters. So that was the context of my comment.”

Finance Minister Yair Lapid quickly pointed out in subsequent comments that the Goldstone Report was compiled during the administration of then-Prime Minister Ehud Olmert, not Netanyahu.

Schabas has also said he believes that former President Shimon Peres should stand trial before the Court as well.

The interviewer asked him whether he, as a professor of international law, would advise his own client to cooperate with “such an investigation” given what he had just heard.

“I think this is a great exaggeration of some of the statements. I expressed opinions about political leaders in the past. Is there a human being in Israel who’s never expressed political opinions about leaders in Israel? Once someone who sits in a commission or as a judge has to do is to put these things behind them, and start fresh, and this is of course what I intend to do.”

Kushmaro: Do you plan to investigate Hamas crimes as well? Are you really able to investigate a terror organization who threatens its own people?

Schabas: “I cannot tell you what the commission is going to do in terms of interpreting its mandate because I’m only one member and I haven’t had a meeting with the other commissioners. We will have to agree on the interpretation…

Hana Levi Julian

UNHRC Names Anti-Israel Critic to Probe Conflict with Hamas

Monday, August 11th, 2014

The United Nations Human Rights Council (UNHRC) on Monday named a panel of three in Geneva to determine whether human rights violations were committed in the conflict between Israel and Arab terrorists this summer.

The investigation by the UN Human Rights Council is to be led by a known critic of Israel, international Canadian legist William Schabas.

In the past, Schabas called for the indictment of Prime Minister Binyamin Netanyahu and former President Shimon Peres before the International Criminal Court at The Hague. He accused Israel of having committed war crimes during Operation Cast Lead in December 2008 and January 2009, and praised the author of the infamous UNHRC Goldstone Report – former South African Judge Richard Goldstone, who himself had second thoughts about the conclusions his panel reached after the report was submitted.

Also participating in the three-member panel will be Doudou diene of Senegal, a past UN special investigator on racism, racial discrimination, and xenophobia; and British-Lebanese attorney Amal Alamuddin, engaged to marry Hollywood actor George Clooney.

The three-member panel tasked with the probe is specifically assigned to find those responsible for “violations of international humanitarian law” in Judea, Samaria, eastern Jerusalem and Gaza.

Basically, a witch hunt.

The Foreign Ministry announced Israel does not plan to cooperate with the investigation, which it compared to a ‘kangaroo court.’

“When the decision about the creation of the committee was announced on July 23, the prime minister and foreign ministry announced the the human rights council had long ago become the Terrorists’ Rights Council, a kangaroo court in which the results of its ‘investigations’ are predetermined,” the Foreign Ministry said in a statement.

“If we need more evidence of this, the appointment of the chairman of the committee, whose opinions and positions on Israel are known to all, proves beyond any doubt that Israel cannot expect justice from this body, and that the committee’s report is already written. What has just been determined is who will sign it.”

Hana Levi Julian

Printed from: http://www.jewishpress.com/news/breaking-news/unhrc-names-anti-israel-critic-to-probe-conflict-with-hamas/2014/08/11/

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