Hillary Clinton Studies: HRC 2014 Summer Session One - Terrorist Designations

No,  it is not really a course and this is not really an assignment but rather an exercise in reality.  It is ironic, sad, and despicable  that, while reality TV is so popular,  a lot of cable "news" apparently consists of stories woven of fictional tapestries rooted in no reality whatsoever.

Rather than

1.  Wringing hands over another Benghazi hearing where Hillary might not even be called (now according to Trey Gowdy), and where she can manage very well if called, thank you very much,

or

2.   Inventing "hypotheticals"  (i.e. subjunctive fiction)  based on imaginary tales fashioned by Lynn Cheney and Laura Ingraham,

Hillary's defenders would do well to go here and do what is unquestionably nitpicky tedious work following terrorist designation chronology.

The rationale for this project is that now Hillary Clinton's State Department is under media scrutiny for not designating Boko Haram a terrorist entity while she was in charge.  Given that she used the "T-Word" about them yesterday, it is reasonable to expect that opponents are going to sniff an opportunity to go on an offensive.

That is likely to be the next battle - not Benghazi and not the froth on the cappuccino created by Lewinsky in Vanity Fair.  It would serve us all well to prepare.

The simplest rebuttal to why she used that word is that indeed Boko Haram now is a designated Foreign Terrorist Organization (FTO).   John Kerry issued that designation in November 2013 based on the groundwork laid by Hillary Clinton's State Department.  It is the accurate term.

It is instructive to follow the Haqqani network here.

Haqqani individuals were designated first (05/11/11, 08/16/11, 11/01/11).  Later (09/07/12) Hillary sent a report to Congress saying she was designating Haqqani, the entity,  an FTO.    Boko Haram individuals were also designated first (06/21/12) under Hillary Clinton.  Designation of the entity as an FTO  came later under her successor.

Johnnie Carson, Assistant Secretary for African Affairs under Hillary, a dedicated and diligent public servant and her State Department methodically followed protocol all during her administration at DOS.
Here is a little that you need to know about terrorist designation.

It follows criteria established by Executive Order 13224 issued by George W. Bush on September 23, 2001.  Here are a few important items.

In general terms, the Order provides a means by which to disrupt the financial support network for terrorists and terrorist organizations by authorizing the U.S. government to designate and block the assets of foreign individuals and entities that commit, or pose a significant risk of committing, acts of terrorism. In addition, because of the pervasiveness and expansiveness of the financial foundations of foreign terrorists, the Order authorizes the U.S. government to block the assets of individuals and entities that provide support, services, or assistance to, or otherwise associate with, terrorists and terrorist organizations designated under the Order, as well as their subsidiaries, front organizations, agents, and associates.

SNIP

For the purpose of the Order, "terrorism" is defined to be an activity that (1) involves a violent act or an act dangerous to human life, property, or infrastructure; and (2) appears to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.

Here is a list of Foreign Terrorist Organizations as of now.  This list shows all designations since Executive Order 13224.


These are the criteria.

Designation Criteria

• The Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, may designate foreign individuals or entities that he determines have committed, or pose a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the U.S.;

• The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, may designate individuals or entities that are determined:

• To be owned or controlled by, or act for or on behalf of an individual or entity listed in the Annex to the Order or by or for persons determined to be subject to subsection 1(b), 1(c), or 1(d)(i) of this Order;

• To assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of, acts of terrorism or individuals or entities designated in or under the Order; or

• To be otherwise associated with certain individuals or entities designated in or under the Order.

For the purpose of the Order, "terrorism" is defined to be an activity that (1) involves a violent act or an act dangerous to human life, property, or infrastructure; and (2) appears to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.

This is the process.

Designation Process The Executive Order authorizes both the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, or the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, to designate individuals and entities pursuant to the specified criteria described above.
Once the Secretary of State or the Secretary of the Treasury designates an individual or entity, the Office of Foreign Assets Control (OFAC) of the Department of the Treasury takes appropriate action to block the assets of the individual or entity in the United States or in the possession or control of U.S. persons, including notification of the blocking order to U.S. financial institutions, directing them to block the assets of the designated individual or entity. Notice of the designation is also published in the Federal Register. OFAC also adds the individual or entity to its list of Specially Designated Nationals, by identifying such individuals or entities as Specially Designated Global Terrorists (SDGTs), and posts a notice of this addition on the OFAC website. Designations remain in effect until the designation is revoked or the Executive Order lapses or is terminated in accordance with U.S. law.

These are the effects.

Effects of Designation
Legal Consequences

1. With limited exceptions set forth in the Order, or as authorized by OFAC, all property and interests in property of designated individuals or entities that are in the United States or that come within the United States, or that come within the possession or control of U.S. persons are blocked.

2. With limited exceptions set forth in the Order, or as authorized by OFAC, any transaction or dealing by U.S. persons or within the United States in property or interests in property blocked pursuant to the Order is prohibited, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of individuals or entities designated under the Order.

3. Any transaction by any U.S. person or within the United States that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions in the Order is prohibited. Any conspiracy formed to violate any of the prohibitions is also prohibited.

4. Civil and criminal penalties may be assessed for violations.

Other Effects

1. Deters donations or contributions to designated individuals or entities.

2. Heightens public awareness and knowledge of individuals or entities linked to terrorism.

3. Alerts other governments to U.S. concerns about individuals or entities aiding terrorism, and promotes due diligence by such governments and private sector entities operating within their territories to avoid associations with terrorists.

4. Disrupts terrorist networks, thereby cutting off access to financial and other resources from sympathizers.

5. Encourages designated entities to get out of the terrorism business.

It might be a good idea for us to have some fluency in the language of terrorist designation in advance of what could be an attack from opponents of Hillary Clinton.  Her department followed what clearly is protocol.  Terrorist designation is not issued lightly, has serious consequences,  follows a pattern, and comes  from a team  - not from any single individual.  Nothing in these documents suggests that Hillary's State Department was less than thorough, careful, methodical, and vigilant in designating terrorist individuals or entities.

Hillary did an exemplary job at the State Department.  Her record is here at this blog, and here, and here.   Delve!   Go for it!  Know about it!  Let's be prepared to defend it.  We don't need fiction.  That is a distraction.  Let's go for the facts.

That, dear hearts, is the homework ... for all of us.  Not because she might run,  she might not,  but because her performance was and always has been stellar.  It and she deserve our ready defense.