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50 STATES AND DC, CONGRESS AND THE PRESIDENT

FBI Docs: Hillary Deleted Nearly 1,000 Emails With David Petraeus By Debra Heine

A potentially explosive nugget from the FBI’s Friday document dump of investigatory notes from the Clinton email probe has been all but ignored by the media. And that is the revelation that Hillary Clinton deleted 1,000 work-related emails between herself and General David Petaeus from his time as the director of the United States Central Command.

Via the Washington Examiner:

In Aug. 2015, the Pentagon called the State Department and informed an unnamed official there that “CENTCOM records showed approximately 1,000 work-related emails between Clinton’s personal email and General David Petraeus.”

The FBI noted that “[m]ost of those 1,000 emails were not believed to be included in the 30,000 emails” that Clinton turned over to the State Department in Dec. 2014.

Hillary has long maintained that the emails her lawyers unilaterally deleted were personal emails pertaining to “yoga routines, family vacations” and other matters that had nothing to do with government. She repeated the same nonsense to Congress while under oath. In August of 2015, she signed a statement to a federal judge declaring “under penalty of perjury” that she turned over all work-related emails.

Now we find out that 1,000 emails between Clinton and General Petraeus were not turned over. This should be a bigger story. Petraeus started out as the leader of U.S. Central Command and then became the director of the CIA during Clinton’s tenure as secretary of State, so not only were those emails obviously work related, they very likely were highly classified. The implications here are staggering.

But it gets worse. CONTINUE AT SITE

Transcripts Show ISIS Influence on Orlando Gunman Omar Mateen cited the death of an Islamic State leader as a motivation for the June massacreBy Dan Frosch and Nicole Hong

Holed up in an Orlando nightclub and surrounded by police, Omar Mateen told a hostage negotiator that he was angry about the death of a top Islamic State operative, according to recently released transcripts of their phone conversations during Mateen’s massacre earlier this year.

The new details of the conversations, released by Orlando Police last week, show Mateen had more than a passing interest in Islamic State, counterterrorism experts said. He specifically singled out the death of Abu Wahib, one of the more visible leaders of the terror group, as one of the main motivations for his attack. Abu Wahib was killed in an airstrike in Iraq just weeks before Mateen opened fire at the Pulse nightclub in June in an attack that killed 49 people and wounded 53. Mateen died in a shootout with police.

“Yo, the airstrike that killed Abu Wahid a few weeks ago—That’s what triggered it, okay?” he told the police negotiator, an apparent reference in the transcript to the Islamic State commander.

Abu Wahib, whose real name is Shaker Wahib al-Fahdawi, was known as one of the group’s more Internet-savvy leaders, often appearing in propaganda videos.

Only an “avid consumer” of Islamic State propaganda would know when Abu Wahib was killed, said Seamus Hughes, the deputy director of George Washington University’s Program on Extremism.

“This isn’t somebody who decided that night he was going to wrap his personal grievances around ISIS,” Mr. Hughes said.

Islamic State supporters in the U.S. more commonly cite as inspirations people like Islamic State leader Abu Bakr al-Baghdadi or Anwar al-Awlaki, the American-born al Qaeda recruiter who was killed in a U.S. drone strike in 2011. While talking to the 911 operator the night of the Orlando shooting, Mateen also pledged allegiance to Mr. Baghdadi, according to a partial version of transcripts released by the Federal Bureau of Investigation in June.

It is unclear when precisely Mateen, 29, was radicalized, though he had aroused the FBI’s suspicion after making claims of ties to terrorists in 2013.

At a hearing before the Senate Homeland Security Committee, FBI Director James Comey on Tuesday defended his agency’s handling of probes into Mateen, as well as into Ahmad Khan Rahami. Mr. Rahami is awaiting trial on charges he placed bombs around New York and New Jersey earlier this month that injured 31 people.

Mr. Comey was repeatedly pressed by lawmakers about whether the FBI should have investigated longer before closing its probes into Mateen and Mr. Rahami, which took place well before their deadly attacks. Mr. Comey acknowledged that in the case of Mateen, agents had not searched his online activity for indications of radicalization.

In the series of phone calls with the negotiator during the Orlando massacre, Mateen also railed against U.S. airstrikes in Syria and Iraq, saying they were killing women and children.

“What am I to do here when my people are getting killed over there. You get what I’m saying?” he said.

Mateen’s constant references to U.S. airstrikes are a “basic regurgitation of the propaganda he’s consuming,” said Brig Barker, a retired FBI special agent who focused on counterterrorism. CONTINUE AT SITE

Fact-Checking Lester Holt Here’s the legal back story on that stop-and-frisk ruling.

We told you Tuesday that Donald Trump was right when he pushed back on debate moderator Lester Holt over “stop and frisk” policing. But the story deserves a more complete explanation, not least because the media are distorting the record.

Mr. Trump invoked stop and frisk as a way to “take the gun away from criminals” in high-crime areas and protect the innocent. That provoked Mr. Holt, who said that “stop and frisk was ruled unconstitutional in New York.” Mr. Trump then noted that the ruling in the case came from a “very against police judge” who later had the case taken away from her. Mrs. Clinton then echoed Mr. Holt.

Here’s what really happened. The federal judge in the stop-and-frisk case was Shira Scheindlin, a notorious police critic whose behavior got her taken off the case by the Second Circuit Court of Appeals. The appellate court put it this way:

“Upon review of the record in these cases, we conclude that the District Judge ran afoul of the Code of Conduct for United States Judges . . . and that the appearance of impartiality surrounding this litigation was compromised by the District Judge’s improper application of the Court’s ‘related case rule’ . . . and by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court.”

The court then remanded the case to another judge who would not present an appearance of bias against the police. In a follow-up opinion, the appellate judges cited a New Yorker interview with Judge Scheindlin that included a quote from a former law clerk saying “what you have to remember about the judge is that she thinks cops lie.”

This is an extraordinary rebuke by a higher court and raises doubts that the merits of her ruling would have held up on appeal. As Rudolph Giuliani makes clear nearby, the judge’s ruling of unconstitutionality applied only to stop and frisk as it was practiced in New York at the time. Such police search tactics have long been upheld by higher courts.

James Comey’s Clinton Immunity More questions about the FBI’s special handling of the email case.

FBI Director James Comey appears Wednesday before the House Judiciary Committee, where he’ll get another chance to explain his agency’s double standard regarding Hillary Clinton. His probe of the former Secretary of State’s private email server is looking more like a kid-glove exercise with each new revelation.

House Oversight Chairman Jason Chaffetz on Friday disclosed that the FBI granted immunity to Mrs. Clinton’s top aides as part of its probe into whether Mrs. Clinton mishandled classified information. According to Mr. Chaffetz, this “limited” immunity was extended to former chief of staff Cheryl Mills and senior adviser Heather Samuelson, in order to get them to surrender their laptops, which they’d used to sort through Mrs. Clinton’s work-versus-personal emails.

Why the courtesy? “If the FBI wanted any other Americans’ laptops, they would just go get them—they wouldn’t get an immunity deal,” Ohio Rep. Jim Jordan told Politico. He’s right. The FBI merely had to seek a subpoena or search warrant. By offering immunity, the FBI exempted the laptops and their emails as potential evidence in a criminal case.

Beth Wilkinson, who represents Ms. Mills and Ms. Samuelson, says the immunity deals were designed to protect her clients against any related “classification” disputes. This is an admission that both women knew their unsecure laptops had been holding sensitive information for more than a year. Meanwhile, Mr. Comey also allowed Ms. Mills and Ms. Samuelson to serve as lawyers for Mrs. Clinton at her FBI interview—despite having been interviewed as witnesses and offered immunity.

The FBI also offered immunity to John Bentel, who directed the State Department’s Office of Information Resources Management; to Bryan Pagliano, Mrs. Clinton’s IT guru; and to an employee of Platte River Networks (PRN), which housed the Clinton server. Usually, the FBI only “proffers” immunity deals in return for genuine information. In this case the FBI seemed not to make any such demands. The deals also did not include—as they often do—requirements that the recipients cooperate with other investigating bodies, such as Congress.

Meantime, the FBI waited until late Friday to dump another 189 pages of documents from its investigation, including notes from interviews with Ms. Mills and Ms. Samuelson, Mr. Pagliano, Clinton confidante Huma Abedin, and Platte River Network employees. They raise even more questions.

Was the FBI concerned that Ms. Mills in the fall of 2013 (after Congress began investigating the Benghazi attacks) called Mr. Pagliano to ask about software that could be used for “wiping computer data”? Or that a Platte River Networks employee, after getting instructions from Ms. Mills to begin deleting Clinton emails more than 60 days old, entitled the resulting work ticket the “Hillary coverup operation”? Or that a PRN employee was instructed by the company’s lawyer “not to answer any [FBI] questions related to conversations with” David Kendall, Mrs. Clinton’s personal lawyer?

The FBI documents also disclose that Mr. Pagliano admitted to having, at the beginning of Mrs. Clinton’s tenure, several conversations with unnamed State Department official(s) who expressed concern that her private server posed “a federal records retention issue,” and that it was likely transmitting classified information. When Mr. Pagliano relayed these concerns to Ms. Mills, she ignored them. CONTINUE AT SITE

MY SAY: NOTHING HAPPENED

Last night Trump got a C and Hillary got a B. He lost big opportunities to smash her arguments and challenge her integrity when he got on the defensive. But he didn’t erupt or insult.
She was smug and loaded for bear with the help of Lester Holt’s obvious bias.
Remember 2008? She won every debate with Barack Obama on policy, his inexperience, “training on the job” jabs, and his inability to handle the three o’clock A.M. call. She even threw in the race card when she opined that “white working class men” were more likely to vote for her. And she lost the primary and he won the election.
Those who prefer Trump still do and those who prefer Hillary still do. We’ll see what the poll weevils will say.

Obama’s Legacy of Demagoguery and Divisiveness The “Ferguson effect” takes its toll on the African-American community while race relations are at a nadir. Ari Lieberman

When Obama assumed office in 2009, there were high hopes that the first African American president with bi-racial parents would be able to bridge the racial divide and foster unity in the country. Those hopes were soon dashed. Nearly eight years later, the nation is more polarized than ever, as devastating race riots grip large metropolitan cities with alarming frequency.

Instead of offering hope, Obama gave us demagoguery. Instead of fostering unity he stoked and encouraged divisiveness. Instead of providing concrete solutions, he issued speeches laced with empty rhetoric and platitudes. Instead of calming the nation in times of crisis, he engaged in race baiting.

The first test of Obama’s seriousness in addressing race relations came just six months after being sworn in. Police officers in Cambridge Massachusetts received a call of a possible burglary in progress and responded. When arriving at the scene, they found Harvard professor Henry Louis Gates Jr. trying to force his way into his house through a malfunctioning door. The police were unfamiliar with his identity and asked for identification to establish residency. Gates instantly became irate, indignant and uncooperative. It went downhill from there. Gates was arrested for disorderly conduct, though the charges were later dropped.

An event that was essentially a misunderstanding and a local matter was suddenly thrust into the spotlight and propelled to the national stage. You see, Gates, an African American, cried racism. He also happened to be pals with Obama. Obama could have told Gates to work things out with the police or file a complaint with the Civilian Complaint Review Board if he felt slighted. Instead, Obama stoked the flames of hate by publicly siding with Gates, claiming the police “acted stupidly.”

Before ascertaining the facts, Obama rushed to judgment and immediately condemned those entrusted with safeguarding our security. His asinine response would set the administration’s tone for the next seven years. Obama later backtracked on his rush to judgment and offered the arresting police officer, Sgt. James Crowley, a beer but the damage had already been done. The only thing that the African American community took away from the encounter was that the police acted “stupidly,” thus reinforcing preexisting negative perceptions so prevalent within that community.

There is no doubt that some level of tension exists between various police departments and members of the African American community but the president has a responsibility to calm frayed nerves and foster understanding and outreach. Instead, Obama has done the opposite. Race-baiting, tax cheats and serial liars like Al Sharpton are frequent guests of the White House. According to official records, Sharpton visited the White House on more than 100 occasions and that number excludes official administration visits to him.

Trump Takes on Holt and Hillary …and the whole system. Daniel Greenfield

Donald Trump’s main opponent in the first presidential debate wasn’t Hillary Clinton. It was NBC anchor Lester Holt. Hillary, with forced smiles as brittle as china and an eerie fake laugh, continued her primary debate strategy of repeating canned talking points while waiting for the moderator to knock off her opponent. Hillary wasn’t there to debate, but to once again seem like the only possible option.

Holt’s job was to make her seem like the only possible option by targeting Trump.

There were fears that Lester Holt would be another Candy Crowley. That was unfair to Crowley. The entire debate was structurally biased. Its general topics were framed in narrow left-wing terms, instead of discussing the economy and moving the country forward, Holt defined the topics as class warfare and racial divisiveness. Even national security was narrowed down to Obama’s favorite battlespace, cyberspace, rather than the actual battlefield.

Trump was hit with repeated personal attacks and gotcha questions by Holt, who then took to arguing with him over the facts. Hillary, despite having been under investigation by the FBI, received only a perfunctory offer from Lester Holt to comment on her emails after Trump had raised the issue.

But Holt’s overt bias also proved to be his undoing. Candy Crowley had been effective because her interjection into the debate between Obama and Romney had come as something of a surprise. Holt made his agenda clear at the outset. And it also made him easy to ignore, as Trump frequently did.

Like small boys jumping into a mud pile, media personalities had been urging each other on for weeks to abandon even the pretense of objectivity and just go after Trump. That’s what Holt did in his awkward and impotent way. And it proved to be ineffective as he quickly lost control of the debate. Holt, like the rest of his media cohort, had failed to understand that overt bias makes them less effective.

Hillary’s role in the debate was to grit her teeth and smile awkwardly, then deliver a few scripted attacks and lines that would allow her media allies to hail her as the winner. It was an easy job that she botched.

Debate Wrap-Up: Media Bashing of Lauer Has Desired Effect as Lester Holt Lets His Bias Fly Candy Crowley in a suit. By Stephen Kruiser

Forget everything you read or heard about Lester Holt being a Republican. After Matt Lauer dared to ask Hillary Clinton a couple of very fair questions at the Commander-in-Chief Forum and was savaged by the likes of WaPo, The New York Times and MSNBC, Lester Holt made sure that he didn’t end up being the story in the MSM tomorrow.

The first part of the debate was actually all right for Holt, but the wheels flew off when they got to how each candidate would handle healing the racial divide in the U.S. Holt went for the birther issue with Trump, which isn’t off the table but has very little relevance to what faces our next president. Had Hillary brought it up it would have been fine. For Holt to interject it during what was supposed to be a substantive discussion on race relations made it seem as if he were being fed questions directly from Clinton HQ.

Holt then hit Trump with a question about him saying that Hillary didn’t have a presidential “look,” which obviously just served as a platform for Hillary to call Trump a sexist. It was George- Stephanopoulos-are-you-going-to-ban-contraception bad.

His final question asked the candidates if they would both accept the will of the voters in November, which is the kind of thing one might find precocious and adorable if asked by a third grader but was groan-worthy coming from a grown man.

The number of vulnerable areas he pressed Hillary about was zero so I can’t give you any examples of those.

Having said all that, Trump still could have done much better. He seemed like he was trying to cover ALL the ground with every answer. That meandering took away a lot of his bite. He would have been better off picking three or four really vulnerable areas (emails, Benghazi, etc.) and hammering away at those until she became irritated and imperious, as she always does. I know the press loves to talk about him being easily provoked, but she may still have the thinnest skin in this election. He wouldn’t have to push her buttons too many times to get her into the “We are not amused…” zone. CONTINUE AT SITE

U.S. Murders Increased 10.8% in 2015 The figures, released by the FBI, could stoke worries that the trend of falling crime rates may be ending By Devlin Barrett

Murders in the U.S. jumped 10.8% in 2015, according to figures released Monday by the Federal Bureau of Investigation—a sharp increase that could fuel concerns that the nation’s two-decade trend of falling crime may be ending.

The figures had been expected to rise, after preliminary data released earlier this year indicated violent crime and murders were climbing. But the double-digit increase in murders dwarfed any of the past 20 years, in which the biggest one-year jump was 3.7% in 2005.

In 2014, the FBI recorded violent crimes of all types narrowly falling, by 0.2%. In 2015, the number of violent crimes rose 3.9%, though the number of property crimes fell 2.6%, the FBI said.

Richard Rosenfeld, a criminologist at the University of Missouri-St. Louis, said a key driver of the jump in murders may be increasing distrust of police in major cities where controversial officer shootings of African-American residents have led to protests.

Members of minority and poor communities may be more reluctant to talk to police and help them solve crimes, part of the “Ferguson effect”—a term used by law-enforcement officials referring to the aftermath of the killing of an unarmed, black 18-year-old man in Ferguson, Mo., by a policeman in 2014.

Some law-enforcement officials, including FBI Director James Comey, have said that since the Ferguson shooting and protests, some officers may be more reluctant to get out of their patrol cars and engage in the kind of difficult work that reduces street crime, out of fear they may be videotaped and criticized publicly.

“This rise is concentrated in certain large cities where police-community tensions have been notable,’’ said Mr. Rosenfeld, citing Cleveland, Baltimore, and St. Louis as examples. The increase isn’t spread evenly around America, he pointed out, but centered on big cities with large black populations.

In all, there were 15,696 instances of murder and nonnegligence manslaughter in the U.S. last year, the FBI said.

A Drug Cartel at the FDA A new rule will produce a lawsuit rush and raise prices for generics.

The anaphylactic political shock over EpiPen prices continues, and last week a House committee dragged in the company CEO. But some outrage should land on the Food and Drug Administration, which won’t approve a generic stinger that would end Mylan’s monopoly power. Instead, the agency is finishing regulation that will restrict competition precisely as patients are demanding cheaper medicines.

The FDA will next year complete a new rule on labeling generic drugs, which are chemically no different from brand-name versions but sell at an average 80% discount. One reason generics are so much cheaper is that the drugs are approved under an expedited FDA process and bear identical labels to branded equivalents—side effects and so on. The FDA would allow generic producers to alter their own labels to include “up-to-date” safety risks, as the agency puts it.

That sounds innocuous, but here’s the fine print: Generic producers would be exposed to a crush of new lawsuits. The Supreme Court ruled in 2011 that generic drug makers are shielded from torts that accuse a company of failing to warn consumers of risks. The reason for the dispensation is that generic producers are not at liberty to tweak their labels. The FDA’s rule would skirt that precedent, and the law: The 1984 Hatch-Waxman Act requires branded and generic drugs to be identical “in all respects—including labeling,” to borrow from a 2014 letter from Congress to the FDA.

Unleashing the trial lawyers would increase generics spending by $5.6 billion in 2017, and the figure reaches $8.6 billion in 2024, according to a report by Alex Brill of Matrix Global Advisors. Consumers will pay for legal fees and settlements through higher drug prices. Small companies may not be able to absorb the expense. Even large firms will suffer because he industry sells its generic products near marginal cost. The result is likely to be less of the competition that drives down prices: A patient pays a mere 20% of the brand-name cost when eight generic firms are battling for market share, an FDA analysis found.