No White House is above the law

Impeachment is a serious decision, but the Constitution provides Congress with this “indispensable” tool to hold officials to their oath of office. It is a tool to be used on the rarest of occasions when an official poses such a threat to the functioning of our democracy that Congress needs to determine if they are fit for office. POGO Supports House Vote To Impeach President Trump Impeachment is a serious decision, but the Constitution provides Congress with this “indispensable” tool to hold officials to their oath of office. It is a tool to be used on the rarest of occasions when an official poses such a threat to the functioning of our democracy that Congress needs to determine if they are fit for office. The Project On Government Oversight supports the House vote to impeach President Donald Trump and to proceed to the Senate for a trial, which should be fairly administered and should provide an additional opportunity for evidence to be presented. POGO is a nonpartisan organization. We believe that the law should be fairly applied to everyone regardless of party affiliation. But being nonpartisan does not mean we must be silent in the face of wrongdoing. Nonpartisanship means we believe no party, no administration, is immune from accountability. No White House is above the law. Keep reading ❄️ Happy Holidays ❄️ From all of us at POGO, we wish you a safe and happy holiday! This newsletter will be on hiatus for the holidays until Saturday, January 11th, 2020. Contractors Use Shell Games to Hide Owners, Cheat Taxpayers Contractors using shell companies to hide their ownership are ripping off the Pentagon and endangering national security, according to a sobering report the Government Accountability Office (GAO) released last month. Read more Adding up the Cost of Our Never-Ending Wars The Pentagon, whether reporting on wars or weapons, is remarkably opaque when it comes to spelling out how much they cost. Read more Spending Data Has Improved—Probably The instructions changed significantly between the 2017 and 2019 audits, which means that the reported results aren’t consistent over time and can not be compared to assess progress accurately. Read more End-of-Year Match: $10,000 Individual supporters like you are the driving force behind our work, and there’s never been a better time to make a gift. Take advantage of this chance to double your impact before 2020! Donate now to have your gift doubled! POGO in the News The National Interest Report: Defense Contractors Hiding Behind Shell Companies are “Ripping off the Pentagon" Defense contractors hiding behind shell companies are “ripping off the Pentagon and endangering national security,” one watchdog group concluded after reading a “sobering” November 2019 report from the Government Accountability Office. The GAO report underscores a problem that has become “a worldwide concern,” noted Neil Gordon, an investigator for the Washington, D.C.-based Project on Government Oversight. POGO has ideas for how the Pentagon can begin to address the problem. While the GAO didn’t identify the fraudulent party in that case, Gordon made an educated guess. “This appears to reference Allied Components LCC, a military hardware supplier whose owner pleaded guilty in 2013 to providing F-15 fighter aircraft parts that were not only defective but also made in India even though the contract required the parts to be U.S.-made, and to passing along information about nuclear-powered submarines to India without the required government approval.” “Altogether, four of the 32 cases involved contractors using U.S.-based shell companies to conceal that the work was really being done by a foreign-based company,” Gordon explained. “Concealing beneficial ownership in this manner increases the chance that ‘adversaries seeking to act against the government’s interests’ will gain access to sensitive government information or installations, according to the report.” A case the GAO cited as an example of contractors inflating prices by concealing their ownership and control of subcontractors is apparently that of Supreme Foodservice, which pleaded guilty in 2014 to major fraud against the United States and paid a total of $434 million in penalties. And the unnamed contractor executives who admitted to “creating fictitious, inflated bids that were not from actual businesses” and fraudulently inflating invoices is an unmistakable reference to Glenn Defense Marine Asia and the massive “Fat Leonard” Navy contract corruption scandal. The most rampant form of abuse documented in the report—accounting for 20 of the 32 cases—is contractors falsely posing as being eligible for contracts set aside for small businesses owned by “service-disabled veterans, women, minorities or economically and socially disadvantaged individuals.” The report describes what POGO determined is likely a recent case involving a Kansas City, Missouri-area construction company owner who was sentenced to 18 months in prison last year for falsely claiming the company was managed by a service-disabled veteran in order to win more than $13.7 million in contracts. POGO recommended three remedies. “The easiest one, which the GAO recommends, is for the Pentagon to conduct a systematic ‘department-wide assessment of risks posed by contractor ownership,’” Gordon explained. The watchdog group proposed two additional reforms. “First, the government must revamp the system for reporting contractor ownership information,” Gordon wrote. Companies wishing to do business with the government register in a database called the System for Award Management. However, the system currently doesn’t require the disclosure of beneficial owners; instead, contractors are only required under law to disclose their “highest-level” and “immediate” owners. Subcontractors are not required to register. Any company that receives federal funds—from a prime contractor to the lowest-tier subcontractor—should be required to register and disclose their beneficial owners. And the system must be audited periodically to ensure the data is timely and accurate. Second, a centralized database of corporate beneficial ownership information would greatly help government contracting officials identify and verify contractors’ real owners. There is currently an effort underway to lay the groundwork for such a database as part of a growing worldwide campaign to impose greater transparency on corporations. The government should do all it can to support this effort. The Daily Beast Consulting Firm Accidentally Doxxed Thousands of Employees at America’s Top Defense Contractor “I think the biggest risk is that a malicious hacker might try to use this info in combination with the fact that all these individuals signed up for this campaign for a phishing attack,” Laperruque said in an email. “So for example, a hacker might send emails or texts to everyone on the list pretending to be Watch U.S. Fly or another Boeing funding campaign, asking individuals to click a link to join another petition.” Quartz Feds say the US military was duped into buying “American-made” equipment from China “We’ve seen these kinds of cases for many years,” added Neil Gordon, who investigates federal contractor misconduct for the nonprofit Project on Government Oversight. “The government doesn’t always exercise adequate oversight on these contracts, partially because there’s just not enough staff or resources, or they’re in a rush to get the goods or services.” Federal News Network Why DoD may have given Amazon every reason to protest JEDI “Due to all of the controversies surrounding the JEDI contract, I would have thought that the Defense Department would have bent over backwards to justify its award decision,” said Scott Amey, the general counsel at the Project on Government Oversight. “Why continue to give contractors more reasons to question this contract and slow down the process?” Real Clear Defense Morning Recon newsletter "It might help to think of the nation’s post-9/11 wars in Afghanistan and Iraq like a pair of icebergs. The Pentagon has a web page that tells us how much we’ve each paid for the wars. But that only tells us how much of those icebergs we can see above the waves." Business Insider The US Army's oldest regiment spent at least $26,000 partying at Trump's luxury DC hotel "If federal funds were not used, the event avoided potential constitutional violations for President Trump," Amey said. "Questions still remain about why the hotel was selected and the impression given off by holding a military function at Trump's DC hotel, which has been the subject of lawsuits, congressional inquires, and political debate. It could be a simple night out at a trendy DC hotel or a show of support for the commander in chief, but only the organizers can answer that." Center for Public Integrity Center for Public Integrity Challenges Trump Administration Over Heavily Redacted Ukraine Emails “Excessive government secrecy around the issues at the heart of the impeachment inquiry don’t serve the public nor do they serve the president, unless the defense offered by the House GOP isn’t supported by these documents.” Neuse News The reality show president That kind of promotional tweet would be a violation of ethics rules said Liz Hempowicz, the director of public policy at the Project on Government Oversight, a nonpartisan government watchdog group. Daily Maverick The Year of the Whistle-blower, once more “Through his more than 50 subsequent appearances on Capitol Hill, said Danielle Brian, executive director of the Project on Government Oversight (POGO), Mr. Fitzgerald all but single-handedly ‘created the concept of Pentagon waste and fraud. People didn’t even think about it. And now they very much understand it is happening,’ even as policymakers have failed ‘to listen to his message’, she said.

Project On Government Oversight (POGO) 1100 G Street NW Suite 500, Washington, DC

Andy Borowitz | Andrew Johnson Horrified That History Books Will Mention Him in Same Sentence as Trump

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Andy Borowitz | Andrew Johnson Horrified That History Books Will Mention Him in Same Sentence as Trump

Andy Borowitz, The New Yorker
Borowitz writes: "In a rare public statement from beyond the grave, Andrew Johnson, the seventeenth President of the United States, said that he was 'horrified' that history books will now mention him in the same sentence as Donald J. Trump."
READ MORE

An independent investigation found that Washington state Representative Matt Shea has taken part in acts of political intimidation and domestic terrorism. (photo: Dorothy Edwards/Crosscut)

GOP Lawmaker Participated in 3 Armed Standoffs Against US Government, Report Says
Alberto Luperon, Law & Crime
Luperon writes: "A Republican lawmaker in Washington state participated in three armed standoffs against the United States from 2014 through 2016, said a report written for the Washington State House of Representatives."

Some of the details about Rep. Matt Shea were already known, but the results of this investigation led to renewed calls for his resignation.

The report said the lawmaker participated in, helped plan, or otherwise supported three armed standoffs.

• Rancher Cliven Bundy‘s armed stand off with the U.S. government in resistance to a federal court order.


• A standoff in Bonner County, Idaho. There was going to be a planned lawful removal of guns from a military veteran who had been added to the National Instant Criminal Background System because a healthcare professional determined he was ineligible to buy firearms, said the report.< The takeover of the Malheur National Wildlife Refuge in Harney County, Oregon. The report states he engaged in significant pre-planning for the 41-day standoff.

“Representative Shea on or about January 3, 2016, created a detailed military styled operation plan entitled ‘Operation Cold Reality’ that included roles and responsibilities of [his group the Coalition of Western States] members and militia leadership in support of the armed occupation of the Malheur National Wildlife Refuge in Harney County, Oregon,” the report stated.

Other findings included Shea using intimidation tactics against a political opponent. According to the report, he posted a picture of himself on his Facebook page in front of the opponent’s home, but refused to take it down at the request of that opponent, party affiliates, and law enforcement officials.

Shea dismissed the report on his Facebook account.

“Like we are seeing with our President this is a sham investigation meant to silence those of us who stand up against attempts to disarm and destroy our great country,” he wrote. “I will not back down, I will not give in, I will not resign. Stand strong fellow Patriots.”

The report authors said he declined to be interviewed for the investigation.

Shea has been suspended from the House GOP caucus, said House Minority Leader Rep. J.T. Wilcox on Twitter.

Rep. JT Wilcox@jtwilcox111

Rep. Matt Shea has been suspended from any role in the House Republican Caucus. He should resign. He cannot use House Republican staff, he cannot meet with the caucus, his office will be moved. https://www.seattletimes.com/seattle-news/politics/washington-state-rep-matt-shea-engaged-in-domestic-terrorism-against-the-u-s-says-state-house-inquiry/?amp=1&utm_source=twitter&utm_medium=social&utm_campaign=article_inset_1.1&__twitter_impression=true …

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7:18 PM - Dec 19, 2019

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A number of controversial details in the investigation were previously reported by media outlets. For example, investigators determined Shea wrote a missive called the Biblical Basis for War. This document argued that the U.S. government should be replaced with a theocracy, and that men who oppose this idea should be killed. Shea also supported training minors and young adults for a “Holy war,” said the report.

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Matt Bevin looks out at the crowd during a campaign rally with President Trump in Lexington, KY, in November. (photo: Timothy D. Easley/AP)

Kentucky's Ex-Governor Pardoned a Child Rapist Because the 9-Year-Old Victim's Hymen Was Intact
Antonia Noori Farzan, The Washington Post
Farzan writes: "When the Louisville Courier-Journal revealed earlier this month that former Kentucky governor Matt Bevin had pardoned a slew of violent criminals during his final weeks in office, he cited his belief in second chances."
READ MORE

U.S. troops. (photo: Dept. of Defense)

Trump to Sign $738 Billion Defense Bill: What Does It Include?
Al Jazeera
Excerpt: "US President Donald Trump said he will sign a $738 billion defense policy bill on Friday that includes paid parental leave, the creation of a space force and a measure providing another means to punish Syrian President Bashar al-Assad and his allies with sanctions."

EXCERPT:

Democrats were forced to drop a provision to block Trump from transferring money from Pentagon accounts to construct a fence along the US-Mexico border. They also dropped protections for transgender troops and tougher regulations on toxic chemicals that are found in firefighting foam used at military installations.

Negotiations broke free, however, after Republicans agreed to accept a Democratic demand - endorsed by Trump in end-stage negotiations - for the landmark parental leave provision, which provides 12 weeks of paid parental leave to federal employees.

Syria, Russia, Iran

Democrats also let go of House-passed provisions to restrict Trump from waging war against Iran unless Congress approves; ban deployment of new submarine-launched, low-yield nuclear weapons; and ban US military assistance for attacks by Saudi-led forces in Yemen.

The bill contains a measure called the Caesar Act, which had failed to gain congressional approval in several previous attempts. It applies sanctions to supporters of Syrian President Bashar al-Assad's military efforts in the country's civil war, which include Russia and Iran. It also grants authorities to the US secretary of state to support those collecting evidence and pursuing prosecutions of people who have committed war crimes in Syria.

The popularity of the annual defence policy bill reflects strong support among members of Congress for military personnel and the economic boost that military installations and defence contractors provide back home. Recent defence increases have been a boon for contractors such as Lockheed Martin, lead manufacturer of the F-35 fighter.

Despite broad bipartisan support, a few left-leaning Democrats and libertarian-leaning Republicans voted against the NDAA because it did not include policy planks that would have restrained Trump's war powers, including the ban on support for Saudi Arabia's air campaign in Yemen.

Some also objected to the 2.8 percent increase in military spending, as the national debt is skyrocketing.

READ MORE

Santo Catalino López Velásquez poses with his baby daughter, toddler son and wife Fidelia Jaqueline García Álvarez inside a shelter for immigrants in Mexicali, Mexico. (photo: Emilio Espejel/Guardian UK)

Trump's 'Shameful' Migrant Stance Condemns Thousands to Violent Limbo in Mexico
Tom Phillips, Guardian UK
Phillips writes: "More than 57,000 asylum seekers have been forced to wait for their court hearings in Mexican border towns - some of the most violent places on Earth."
READ MORE

Palestinian protesters wave flags in front of Israeli soldiers on Gaza's border with Israel near Beit Lahiya. (photo: Adel Hana/AP)

ICC to Investigate Potential Israeli War Crimes in Palestinian Territories
Al Jazeera
Excerpt: "The chief prosecutor of the International Criminal Court has said she will launch a full investigation into alleged war crimes in the occupied Palestinian territories."

EXCERPT:

Bensouda launched a preliminary probe in January 2015 into allegations of war crimes and crimes against humanity in Israel and the Palestinian territories, in the wake of the 2014 Gaza war which left 2,251 dead on the Palestinian side, the majority civilians, and 74 on the Israeli side, most of them soldiers.

Israel and its ally, the United States, have both refused to sign up to the court, which was set up in 2002 to be the only global tribunal trying the world's worst crimes, war crimes and crimes against humanity.

READ MORE

Newly planted oil palm plantation in Aceh, Sumatra, Indonesia. (photo: Rhett A. Butler/Mongabay)

Paris Accord 'Impossible to Implement' if Tropical Forest Loss Not Stopped
Taran Volckhausen, Mongabay
Volckhausen writes: "Across the tropics, flames rip through forests, chainsaws tear down ancient trees, while elite farmers and ranchers make a grab for more land belonging to the public or to indigenous people - a land-hunger fed by commodities trading giants and global investors in pursuit of ever higher profits gained from international markets in the EU, China, the U.S. and elsewhere."

EXCERPT:

A darkening prospect for intact forests

The Wildlife Conservation Society (WCS) recently published a study in the journal Science Advances suggesting intact tropical forest loss from 2000 to 2013 will result in over 626% more long-term carbon emissions through 2050 than previously thought. The researchers arrived at this upward revision by adding up emissions that would have been removed from the air if tropical forest remained intact, from selective logging, defaunation, and carbon stock degradation at forest edges that had been overlooked in previous studies.

READ MORE

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The Pentagon's war on transparency

There are already signs that despite Esper’s touted commitment to openness, he is continuing some of Mattis’s more secretive practices. Across the DOD, basic information is becoming harder to find, forcing journalists and the public to rely on leaks, whistleblowers, and the official narrative.

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The Pentagon’s War on Transparency On August 28, Mark Esper held the first televised press briefing by a sitting secretary of defense in over a year. His predecessor, James Mattis, had stopped televised press briefings altogether, favoring informal but on the record conversations with reporters. While the reintroduction of press briefings is a welcome development, the reality is that it will take much more than that to pry open doors nailed shut under Mattis. There are already signs that despite Esper’s touted commitment to openness, he is continuing some of Mattis’s more secretive practices. Across the DOD, basic information is becoming harder to find, forcing journalists and the public to rely on leaks, whistleblowers, and the official narrative. Keep Reading

Defense Going Dark: A Timeline of Secrecy Increases at the Pentagon A timeline created by POGO shows that under Mattis and the Trump administration, a wave of increased secrecy swept through the Department of Defense. The timeline documents the changes to Department of Defense and national security policy that may undermine public access to information and harm transparency. Read more

An Acting Director and a Permanent Move It has been more than 1,000 days since the Bureau of Land Management has had a permanent, Senate-confirmed director. In that almost three-year period, four acting directors have cycled through the Bureau of Land Management, including current acting-director William Perry Pendley. Read more

Giving Tuesday
	Thank you so much to everyone who gave to POGO’s Giving Tuesday campaign this week! We are so excited to announce that, thanks to the generosity of all our crucial supporters, we raised over $43,000 on Giving Tuesday.

New Newsletter on Impeachment

Our new e-newsletter on impeachment, Indispensable, has been recognized by The New York Times! James Madison believed that impeachment was "indispensable ... for defending the community against the incapacity, negligence, or perfidy of the chief magistrate." We hope our newsletter is an indispensable companion to help answer your questions about impeachment processes, the pressures on the figures involved, the facts uncovered, and their consequences. Sign up

POGO in the News The New York Times The Impeachment News Industry Is Here to Help (Overwhelm You Even More) Many major news organizations offer impeachment newsletters, including CNN, PBS, The Washington Post and, of course, The New York Times. But there are also those created by less traditional news publishers, like the nonprofit Project on Government Oversight or Heather Cox Richardson, a professor of American history at Boston College who offers her take on Facebook and in a newsletter titled “Letters From an American.” NBC News Democrats question why DOJ inspector general isn't investigating Trump's attorneys general "Horowitz has done a great job of navigating politically fraught and complicated issues. But if it’s true, that would be an interesting imbalance if the preponderance of their work is what the executive branch is asking them to look into rather than what Congress is looking into," said Danielle Brian, executive director of the Project on Government Oversight, a nonpartisan independent government watchdog. "I think it is as important for any IG to be tending to congressional requests. They're as important a constituent of his as the executive is." Quartz The US Navy doesn’t have enough spare parts to keep its fighter jets in the air “The business of the Pentagon is not actually fighting and winning the nation’s wars, it is spending vast sums of taxpayer money buying big, expensive glitzy hardware,” Dan Grazier, a military analyst at the nonpartisan Project on Government Oversight, told Quartz. “And so that almost always takes priority over maintaining the older stuff.” Grazier, who served as a captain in the US Marine Corps, said the Navy has invested tens of billions of dollars developing new, unproven systems while proven systems like the Super Hornet can’t get all the parts they need to keep operating. He pointed to the DDG-1000 Zumwalt-class destroyer, a defect-riddled money pit that was canceled by the Navy after just three were built, as one example. Another, the Navy’s highly anticipated Littoral Combat Ship, has been called a “complete failure.” That program, which has also been curtailed, cost the Navy some $30 billion. But the program perhaps most directly connected to the Navy’s current spare parts problem is the F-35, said Grazier. The military’s next-gen fighter jet is its most expensive ever, yet has suffered from delays, cost overruns, and underperformance. The Navy canceled various contracts to continue purchasing spare parts for the Super Hornet in the late 1990s and early 2000s, expecting to have an operational F-35 in the 2010-2012 timeframe. That, of course, hasn’t happened. “The plan and the promises that were made about the F-35, its capabilities and its original cost estimates were wildly wrong and hugely unrealistic,” said Grazier. “They’re now suffering the consequences of that because the F-35 still isn’t ready to go.” [...] “Defense contractors want to be able to maintain control of their products, because where they make their real money is on the back-end, after we purchase it, in long-term sustainment contracts,” explained Grazier. “The issue of intellectual property rights is a really, really big deal. It sounds really mundane, but it has enormous consequences to the military.” When a defense contractor retains the intellectual property rights to something like a fighter jet, it becomes the only firm that can perform long-term sustainment and maintenance for the aircraft. “The only way that you can upgrade the aircraft, the only way that you can handle a lot of the basic maintenance functions of it, is having access to all that data,” Grazier continued. “And so the government can’t go out and do a competitive bid each year for the sustainment of a system, because only one firm has the necessary information. It means that [defense contractors] have the American people over a barrel. They can basically charge whatever they want for the sustainment contracts because there’s nowhere else that we can go to get the services done.” In a response to the DODIG report, the Navy says it is taking steps to rectify the spare parts situation plaguing the Super Hornet. “It’s definitely an issue,” said Grazier. “And it’s one that the service needs to address sooner rather than later. Roll Call The perils of positive thinking The Pentagon tends to be overly ambitious when it comes to new technologies, going for a great leap forward rather than incremental progress, said Mark Thompson, who spent decades covering defense as a journalist before becoming a national security analyst for the watchdog group Project on Government Oversight. Instead of an exquisite solution that accomplishes 95 percent of the desired capabilities, accept something less risky that meets 80 percent of the criteria, Thompson recommends. The results will be vastly cheaper and still get most jobs done. “That’s where the Congress, increasingly bereft of veterans, doesn’t have the gumption, the courage or the knowledge, to say, ‘OK, that’s good enough.’ That’s how we end up with these boondoggles,” he said. It has become increasingly hard for Congress to conduct oversight of the way the Defense Department buys weapons, Thompson said. “You cannot say anything against military procurement without being viewed as either a defeatist or someone who doesn’t care about the troops.” The American Conservative Media Looks Away As House Quietly Approves Warrantless Spying “For privacy advocates, this is such an obvious choice,” Jake Laperruque, senior counsel for the Constitution Project at the Project on Government Oversight, said in an interview with The American Conservative. Because the CDR program vacuums up all the phone call records of anyone within “two hops” of a “specific selection term,” a few dozen FISA warrants can lead to the phone call records of millions of Americans. “It’s incredibly privacy invasive,” said Laperruque. “There’s tens of millions of phone records that are caught up in this. There’s hundreds of thousands of Americans that are caught when they have a warrant for one person.” The Daily Illini Illinois accounting must hold itself accountable Is this industry-standard acceptable? Deloitte seems to think so, at least for itself. Deloitte has the lowest failure rate in the Big Four between 2009 and 2017 of 27.6%. While other Big Four firms have kept silent, Deloitte has boasted about its “positive trajectory” in audit quality. Analysts at the Project on Government Oversight (POGO) would disagree. They reported the Public Company Accounting Oversight Board (PCAOB) has been empowered to be a watchdog for audit firms but is not doing its job. They calculated the PCAOB had fined the Big Four only $6.5 million out of the $1.6 billion they could have for performing defective audits. Delaware News Journal Here's why the Deleware Senate won't open an ethics investigation after the DE Turf bill "A reasonable person could believe that he (Sen. Paradee) did, in fact, do something nefarious and shady, and did misuse his position of power in a way that would benefit his brother." and "It's understandable why some might view it as a little bit of a conflict of interest in and of itself." CalWatchdog .com ICE seeks to defy intent of state law on detention centers In their letter to DHS and other agencies, the California Democratic lawmakers asked for information on how ICE crafted its solicitation for detention center bids. Their chances of getting a quick response are unclear. ICE has long faced criticism over its handling of public record requests, which it is supposed to respond to in 20 days or less. The agency was sued earlier this month by the Project on Government Oversight for allegedly withholding information over how it used facial recognition and other technology in surveillance and data collection programs.

Project On Government Oversight (POGO) 1100 G Street NW Suite 500, Washington, DC