John Kerry tries to regroup after Israel suspends peace talks

Published April 25, 2014 4:00am ET



A State Department spokeswoman said the U.S. remains committed to peace talks led by Secretary of State John Kerry even after Israel pulled out of them indefinitely.

The Israeli government said it had suspended the negotiations in retaliation for a unity pact between the Palestinian leadership and the Islamist Hamas movement, which refuses to recognize Israel’s right to exist.

The Israeli move came after a five-hour meeting of Israeli Prime Minister Benjamin Netanyahu’s security cabinet. Afterward, Netanyahu called the Palestinian reconciliation deal a “giant leap backwards.”

“The pact with Hamas kills peace,” Netanyahu said.

“I think it’s important to remember, as from the beginning of this process, that it’s always been up to the parties to decide whether to pursue a path to peace,” State Department spokeswoman Jen Psaki told reporters.

“There have been unhelpful steps taken by both parties. … Still, this process needs to work its way through, and we have been in touch with both parties.”

Kerry called Palestinian Authority President Mahmoud Abbas to express his disappointment with the reconciliation agreement.

Kerry told Abbas that any Palestinian government should maintain the principles that Abbas has previously advocated, including a commitment to nonviolence, recognition of the state of Israel and acceptance of previous commitments between the two parties, Psaki said.

Speaking to journalists in Washington, Kerry said talks could still go on if both sides make compromises. The U.S. “will never give up our hope or our commitment for the possibilities of peace,” he said.

— Susan Crabtree, White House Correspondent

 

ISSA SEEKS ANSWERS ABOUT JUSTICE’S ROLE IN IRS TARGETING

Rep. Darrell Issa, chairman of the House Oversight and Government Reform Committee, is raising new questions about the Justice Department’s role in the IRS targeting of conservative groups.

Issa wants more answers from the Obama administration about a previously unreleased email between a DOJ official and former Internal Revenue Service official Lois Lerner about potential prosecutions of conservative groups that had applied for tax-exempt status.

In the email, Richard Pilger, director of the Election Crimes Branch of the DOJ’s Public Integrity Section, wrote Lerner, “When you have a moment, will you call me? I’ve been asked to run something by you.”

Pilger doesn’t say who had asked him to contact Lerner but provides some context for the prospective conversation, saying he wanted to know who at the IRS “DOJ folks could talk to” about ways to target 501(c)(4) nonprofit groups that may be pushing the boundaries of the law with their political activity.

Pilger sent the note two days before Lerner disclosed the targeting of conservative groups and apologized at a conference sponsored by the American Bar Association.

Issa argues that the email shows that the DOJ was considering prosecuting the groups for actions that are legal for 501(c)(4) nonprofits under federal tax law — “that is, engaging in political speech.”

The California Republican sent a letter to Attorney General Eric Holder asking him to produce documents and allow the committee to interview Pilger on why his office was considering prosecuting the tax-exempt groups already improperly targeted by the IRS.

“Mr. Pilger’s communications with Ms. Lerner are also striking for their timing,” Issa argued in the letter. “They show that the IRS and the Justice Department were actively considering efforts to target tax-exempt organizations just two days before Ms. Lerner’s public apology for the targeting.”

A Justice Department spokesman said the “alleged misconduct by the IRS” predated the phone call mentioned in the email and noted that the Justice Department didn’t pursue any investigations.

Lerner later explained the context for Pilger’s email in a separate email to Nikole Flax, then-chief of staff to acting IRS Commissioner Steve Miller.

She said Pilger was trying to follow up on an idea Sen. Sheldon Whitehouse, D-R.I., expressed at a hearing that DOJ “could piece together false statement cases about applicants who ‘lied’ on their 1024s — saying they weren’t planning on doing political activity, and then turning around and making large visible political expenditures.”

Lerner then asked IRS official Nan Marks to arrange a meeting.

The IRS did not respond to a request for comment.

— Susan Crabtree, White House Correspondent

 

SENATE REPUBLICANS WARN THAT OBAMA DEPORTATION REVIEW WILL LEAD TO WEAKENED ENFORCEMENT

Senate Republicans are voicing concerns about the Obama administration’s formal review of the deportation process for illegal immigrants, warning that the White House intends to halt enforcement.

In an April 24 letter to President Obama, nearly two dozen Senate Republicans question whether the purpose of the Department of Homeland Security’s “enforcement review” is to loosen the standards for deporting illegal immigrants and weaken border security. Senate Republicans are urging Obama to strengthen both.

“We write to express our grave concerns over the immigration ‘enforcement review’ that you ordered after meeting with advocacy groups on March 13, 2014, and that is now being carried out by the Department of Homeland Security (DHS),” the Republican senators wrote. “According to reports, the changes under consideration would represent a near complete abandonment of basic immigration enforcement and discard the rule of law and the notion that the United States has enforceable borders.”

Among those signing the letter were Minority Leader Mitch McConnell of Kentucky, Ted Cruz of Texas and Orrin Hatch of Utah, the top Republican on the Finance Committee, who is considered a supporter of comprehensive immigration reform.

Some political observers believe Obama plans to act unilaterally to relax immigration enforcement in a bid to boost Hispanic voters’ support for Democrats in the midterm elections. Some Republicans believe that the only way to head off such action is for their party to support comprehensive immigration reform in Congress this year.

— David M. Drucker, Senior Congressional Correspondent

 

WHITE HOUSE CONDEMNS ATTACK ON CHRISTIAN HOSPITAL IN KABUL

A White House official condemned an attack at an American-run Christian hospital in Kabul that killed three American medical staff members and wounded several others.

“The United States condemns the attack today in Kabul that killed three Americans working to provide health care to Afghans,” White House National Security Council spokeswoman Caitlin Hayden said. “Any such attack on civilians at a hospital is despicable and cowardly. We send our deepest condolences to the families of all those killed and injured.”

The attack by a Afghan government security guard occurred at 9 a.m. when doctors and nurses were just arriving for work at Cure Hospital, one of several medical facilities operated by a Pennsylvania-based charity, officials said. The hospital reportedly provides medical care to poor Afghan children.

— Susan Crabtree, White House Correspondent

 

US SENDING TROOPS TO EASTERN EUROPE FOR MILITARY EXERCISES

The U.S. is sending 600 troops to Eastern Europe to take part in military exercises to “reassure allies and partners” amid growing tensions with Russia over Ukraine’s sovereignty.

Pentagon press secretary Rear Admiral John Kirby told reporters that a roughly a “company-size contingent of paratroopers from the U.S. Europe’s 173rd Infantry Brigade Combat Team airborne, which is based in Vicenza, Italy,” will head to four countries to conduct exercises with local troops.

The troops were heading to Poland, Lithuania, Latvia and Estonia.

Kirby said the exercises will last for about a month and that the U.S. would “rotate fresh troops” for further training activities.

He did not say how long the exercises would continue, but said the Pentagon was “looking at trying to keep this rotational presence persistent throughout the rest of this year.”

“But beyond that, it could go beyond the end of this year,” he added. “We just don’t know. We’re just going to have to see how it goes.”

Other allies also could see U.S. troops arrive for exercises, and Kirby said the Obama administration was in discussions with NATO members and other partners.

“Since Russia’s aggression in Ukraine, we have been constantly looking at ways to reassure allies and partners,” he added.

The administration has urged Russia to take steps to de-escalate the crisis in eastern Ukraine, where pro-Russian militant groups are seeking autonomy from Kiev.

Ukraine and Russia negotiated a diplomatic deal in Geneva April 17, but Russian separatists are refusing to stand down after seizing government buildings and territory in Ukraine.

Obama has said he has further sanctions “teed up” against Russia if the Kremlin does not act to honor the Geneva deal.

— Meghashyam Mali, Assistant Managing Editor

 

SUPREME COURT RAISES CONCERNS OVER OHIO LAW THAT PUNISHES CAMPAIGN LIES

The Supreme Court appeared doubtful of the constitutionality of an Ohio law aimed at stopping false accusations made against political candidates during campaigns.

During oral arguments on a key free speech case, most justices seemed willing to allow anti-abortion group Susan B. Anthony List to proceed in its First Amendment challenge against former Rep. Steve Driehaus.

Justice Anthony Kennedy suggested the Ohio law could stifle constitutionally guaranteed debate during political campaigns.

“Don’t you think there’s a serious First Amendment concern with a state law that requires you to come before a [state elections] commission to justify what you are going to say?” Kennedy said.

Justice Antonin Scalia suggested that even if a false accusation under the law is “minimal” and likely to be later dismissed, “you are forcing them … to go through this procedure in the midst of an election campaign.”

The case centers on a dispute between Driehaus and the Susan B. Anthony List, which waged an aggressive attack on the Ohio Democrat’s failed re-election bid in 2010.

The group aired radio ads and tried to post billboards in Driehaus’ Cincinnati-area district accusing him of supporting “taxpayer-funded” abortions when he voted for President Obama’s Affordable Care Act months earlier.

The Ohio Democrat filed a complaint with state election officials that the radio ads and signs were illegal under Ohio’s “false statements” law. The billboard company, not wanting to be added to the complaint, refused to put up the signs.

The Susan B. Anthony List challenged the state law governing false claims, saying it violated its First Amendment free-speech rights.

Michael Carvin, an attorney representing the group, said that giving the Ohio election board the power to determine what can and cannot be said during political campaigns amounts to a de facto “Ministry of Truth.”

Ohio Attorney General Mike DeWine, in his amicus brief, said the Supreme Court’s ruling in a 2012 First Amendment case left him with “serious concerns about the constitutionality” of the law.

— Sean Lengell, Congressional Correspondent

 

EX-SUPREME COURT JUSTICE PUSHES SECOND AMENDMENT REWRITE

Retired Supreme Court Justice John Paul Stevens is pushing to change the Constitution’s Second Amendment in a way that could lead to massive gun confiscations in states.

The outspoken, liberal 94-year-old, who retired in 2010, would rewrite the Second Amendment in a way that would allow only state militia members to be armed, a radical change from what has been spelled out in several high court decisions.

In his new book, Six Amendments: How and Why We Should Change the Constitution, Stevens would make clear that only militias, not citizens, have a right to guns.

The current wording is: “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” His proposal would read: “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms when serving in the militia shall not be infringed.”

In his book and interviews to promote it, Stevens said that shootings like the December 2012 school slayings in Newtown, Conn., sparked his anti-gun plan and made him more passionate about speaking out against private gun ownership, especially of handguns.

He told the PBS NewsHour that federal judges should not be involved in deciding gun ownership. “Well, it would be my ultimate hope that legislatures would decide the issues, and not be hampered by constitutional restrictions, because clearly, legislators are in a much better position than judges are to decide what could be permissible in different contexts.”

The National Rifle Association was quick to react. “We strongly disagree with his viewpoint,” said spokesman Andrew Arulanandam from Indianapolis, where the NRA was holding its week-long annual meeting. “Our Founding Fathers believed that the Second Amendment is the one right that secures all the others; while former Justice Stevens may disagree with them, this remains a historical fact.”

In his book, Stevens says the court has wrongly expanded the Second Amendment. He was disturbed by a 2008 ruling that the Second Amendment protects a civilian’s right to keep a handgun in his home for self-defense.

— Paul Bedard, Washington Secrets Columnist

 

OBAMA VISITS OSO AFTER DEADLY MUDSLIDE

President Obama visited the town of Oso, Wash., which was hit by a devastating mudslide, and assured the town’s residents that the nation would do everything it could to help them recover.

“We aren’t going anywhere, we’ll be here as long as it takes,” Obama said from the local firehouse after meeting with victims’ families and rescue workers.

A massive mudslide struck Oso a month ago, killing 41 and leaving at least two still missing. A hillside gave way after heavy rainfall, covering the town with a fast-moving torrent of mud. In some places rescue workers faced 70 feet of mud and debris, hampering efforts to locate survivors.

The president viewed the site of the disaster during a flyover aboard Marine One, accompanied by Gov. Jay Inslee and Sens. Patty Murray and Maria Cantwell. According to reports, much of the disaster’s impact was still visible with debris covering the hillside and first responders seen searching for the missing.

In brief remarks from the firehouse, Obama pledged that authorities would be “relentless” in making sure Oso had the resources needed to rebuild.

“The country is thinking about all of you and have been throughout this tragedy,” Obama said, adding that the town’s response to the disaster had inspired the nation.

“We’ve all been inspired by the way the community has come together and shown the love and support they have for each other in ways large and small.

“This is what America is all about. When times get tough we look out for each other. We get each others’ backs,” the president added.

— Meghashyam Mali, Assistant Managing Editor

 

SUPREME COURT UPHOLDS MUCHIGAN’S BAN ON RACE-BASED COLLEGE ADMISSIONS

Six Supreme Court justices voted to uphold Michigan’s ballot proposal that amended the state constitution to ban race-based affirmative action in college admissions, reversing a lower court ruling that said the ban burdened minorities.

“[The case] is not about the constitutionality, or the merits, of race-conscious admissions policies in higher education,” Justice Anthony Kennedy wrote in the opinion announcing the court’s ruling.

“The question here concerns not the permissibility of race-conscious admissions policies under the Constitution but whether, and in what manner, voters in the states may choose to prohibit the consideration of racial preferences in governmental decisions, in particular with respect to school admissions.”

The court upheld the constitutional amendment, saying that it refused to rule that “the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate,” as Kennedy put it.

Chief Justice John Roberts and Justice Samuel Alito joined in that opinion. Justice Antonin Scalia wrote a concurring opinion that Justice Clarence Thomas joined, while Justice Stephen Breyer — who often rules with the liberal bloc of the court — wrote his own concurring opinion. Justice Elena Kagan recused herself from the case.

Justice Sonia Sotomayor wrote a 58-page dissent, which Justice Ruth Bader Ginsburg joined. “[T]he majority of Michigan voters changed the rules in the middle of the game, reconfiguring the existing political process in Michigan in a manner that burdened racial minorities.

“The one and only policy a Michigan citizen may not seek through this long-established process is a race-sensitive admissions policy that considers race in an individualized manner when it is clear that race-neutral alternatives are not adequate to achieve diversity. For that policy alone, the citizens of Michigan must undertake the daunting task of amending the state Constitution. Our precedents do not permit political restructurings that create one process for racial minorities and a separate, less burdensome process for everyone else.”

The constitutional amendment passed on a 58-percent to 42-percent vote in 2006, when Michigan voters also re-elected Democratic Gov. Jennifer Granholm with 56 percent of the vote.

— Joel Gehrke, Commentary Writer

 

WHITE HOUSE ‘CLOSELY’ WATCHING NORTH KOREA AMID NUCLEAR TEST FEARS

The White House said it would “closely monitor” North Korea amid reports that Pyongyang is increasing activity at a nuclear test site.

“We closely monitor actions such as that,” said White House press secretary Jay Carney aboard Air Force One. “North Korea has a history of taking provocative actions, and we are always mindful of the possibility that such an action could be taken.”

South Korea said it had seen signs that the North might be planning a new nuclear test.

Carney said the U.S. had seen the reports, but declined to say if U.S. intelligence had picked up similar signs.

“I’m not in a position to discuss the information we have and how we evaluate what’s happening in North Korea,” he said. “We’ve certainly seen the public reports and the press reports. And again, I would note that there is a kind of cyclical nature to the provocative actions that North Korea tends to take, and we’ll be watching it very closely.”

— Meghashyam Mali, Assistant Managing Editor

 

MISBEHAVING IRS EMPLOYEES STILL GOT BONUSES, IG FINDS

Internal Revenue Service employees with disciplinary issues received millions of dollars in bonuses between 2010 and 2012, the agency’s inspector general found.

More than 2,800 employees with “conduct issues” received more than $2.8 million in monetary awards, more than 27,000 hours in time-off awards and 175 quality step — or pay grade — increases, according to the Treasury Inspector General for Tax Administration.

The awards were given between October 2010 and December 2012 to employees ranging from general schedule employees to managers, according to the audit.

For example, more than 1,100 IRS employees had either paid their taxes late or not at all — but received $1.1 million in cash and 10,582 hours in time-off awards.

Other serious violations found were government travel card misuse, misconduct actions such as drug use and violent threats, and fraud such as claiming unemployment benefits and wrongly submitted work attendance.

The issues did, however, result in “written reprimands, suspensions and removal,” the audit said.

The awards are meant to “recognize and reward IRS employees for their performance,” the audit said.

IRS officials stated that it does not consider conduct issues when giving out awards other than a permanent pay increase, according to TIGTA.

— Kelly Cohen, Staff Writer

 

POSTAL SERVICE DOESN’T KNOW HOW MANY HISTORIC BUILDINGS IT OWNS

Postal Service managers don’t know how many historic buildings they own, how much it costs to maintain them or what happened to historic New Deal artwork in the buildings they have sold, according to a new report by the U.S. Postal Service inspector general.

The agency sold 22 historic post office buildings between October 2010 and June 2013 to help address its massive budget woes. But because the agency doesn’t separately track costs for historic buildings, it doesn’t know how much it was spending on those buildings.

Separately calculating the costs for historic building maintenance and repairs would take extra resources, making it “impractical,” USPS told the IG.

Not only does the Postal Service not know how much its historic buildings cost, but the agency doesn’t even know how many of them it owns, because its database doesn’t have a comprehensive list. When officials tried to update their database, the update corrupted files on historic buildings instead.

“Without accurate data in [the electronic Facilities Management System], the Postal Service cannot proactively identify, manage, and protect the historic properties in its inventory,” the IG said.

The Postal Service’s maintenance problems go beyond its failure to track the costs of historic building repairs. The agency also failed to fix more than 100 major problems at 75 historic buildings sold or listed for sale during the same period, including safety and security issues. One-quarter of the needed repairs were potential Occupational Safety and Health Administration violations that would have resulted in an estimated $57,000 in fines, according to the report.

Some post office buildings also house New Deal artwork, murals and sculptures commissioned between 1934 and 1944 specifically for USPS facilities. When buildings housing the art are sold, USPS is required to report the status of the artwork to the National Museum of American Art.

The Postal Service didn’t notify the museum about the artwork displayed in 10 of the buildings, blaming “limited resources and pressing priorities” for the failure.

“Without such notifications, the Postal Service is not transparent about the status and location of New Deal art,” the IG said.

— Michal Conger, Staff Writer

 

FDA PROPOSES BANNING SALES OF E-CIGARETTES TO YOUTHS

The Food and Drug Administration proposed new restrictions to regulate electronic cigarettes, including banning their sale to minors.

The move is aimed at extending government oversight to the new and mostly unregulated industry. E-cigarettes makers say the devices are safer than traditional cigarettes, but critics say more studies are needed to determine the products’ potential health risks.

“This proposed rule is the latest step in our efforts to make the next generation tobacco-free,” said outgoing Health and Human Services Secretary Kathleen Sebelius.

Under the proposed rule, the FDA’s authority would be extended to products the agency deems meet the statutory definition of a tobacco product, include e-cigarettes, cigars, pipe tobacco, nicotine gels, water pipes — or hookahs — and tobacco “dissolvables” not already under the FDA’s authority.

Federal law prohibits the sale of tobacco cigarettes to anyone under 18, but there is no such restriction for e-cigarettes. Limited federal oversight has led to a boom in the e-cigarette industry, with sales doubling annually since 2008. Revenue last year was expected to reach at least $1.5 billion.

E-cigarettes don’t burn tobacco. Instead, the battery-powered inhalers vaporize a mixture typically composed of liquid nicotine, propylene glycol and other chemicals.

The FDA will collect public comments on the proposed rule for 75 days. Officials announced no timetable for the new rule.

Consistent with currently regulated tobacco products, the proposed rule calls for e-cigarette makers to register with the FDA and report product and ingredient listings, and would be allowed to sell new products only after FDA review.

The proposal would bar e-cigarette companies from marketing their products as a healthier alternative to traditional cigarettes unless the FDA confirms confirms that scientific evidence supports the claim. Distribution of free samples also would be banned.

A ban on sales of the products to minors, public health warnings and restrictions on vending machine sales also are included.

Senate Majority Whip Dick Durbin, D-Ill., said that while the FDA proposal to ban e-cigarette sales to minors was a “positive step,” the agency’s proposal didn’t go far enough to keep the product out of the hands of children.

“Today, after years of waiting for the FDA to act, we are extremely disappointed by its failure to take comprehensive action to prevent e-cigarette companies from continuing to deploy marketing tactics aimed at luring children and teenagers into a candy-flavored nicotine addiction,” he said.

“As long as e-cigarette companies continue to take pages from Big Tobacco’s old and cynical marketing playbook, our children will remain vulnerable to the grave dangers of nicotine addiction.”

— Sean Lengell, Congressional Correspondent