Clinton's private email account exploits FOIA loophole, report says

EXCLUSIVE: Hillary Clinton’s unorthodox use of a private email account and personal server for government business exploited a loophole in the State Department's FOIA, or Freedom of Information Act, process, according to the findings of the first Inspector General report to stem from her email scandal. 
Congress asked the Office of Inspector General, the State Department's independent watchdog, to investigate the issue following the revelation that Mrs. Clinton did not use a government email account while secretary of state.
Fox News reviewed the 25-page report and its findings before they were made publicly available.
The report reads in part:
"FOIA neither authorizes nor requires agencies to search for Federal records in personal email accounts maintained on private servers or through commercial providers (for example Gmail, Yahoo, and Hotmail.)  Furthermore, the FOIA Analyst has no way to independently locate Federal records from such accounts unless employees take steps to preserve official emails in Department record keeping systems.”
The report strongly suggests that it relies on employees at all levels to follow the regulations, and when personal email is used, to forward copies to a State Department account so that it can be captured.
"Under current law and Department policy, employees who use personal email to conduct official business are required to forward or copy email from a personal account to their respective Department accounts within 20 Days.”
Clinton did not have a State Department email address to which she could forward message traffic from her personal account, and it remains unclear whether she provided all her State Department business emails to the State Department or federal courts, where FOIA lawsuits have been filed.
The report also found that the State Department wait time for Freedom of Information Act Requests far exceeds that of other departments. For example, FOIA requires agencies to respond to requests within 20 working days, and "some requests involving the Office of the Secretary have taken more than 500 days to process."
The State Department is also criticized for practices that "do not consistently meet statutory and regulatory requirements for completeness and rarely meet requirements for timeliness."
Given Clinton's use of a private account, where more than 1,000 classified emails have been identified, including at least two at the Top Secret level, it appeared ironic that the report states employees had not been reminded of their FOIA responsibilities "...since March 2009, when former Secretary Clinton sent a message commemorating Freedom of Information Day."
The OIG report makes four recommendations, including that the Office of the Secretary should fully comply with FOIA requirements. The department said it agreed with the recommendations and changes had been made.
State Department spokesperson John Kirby said in response late Wednesday, ‎”The Department is committed to transparency, and the issues addressed in this report have the full attention of Secretary Kerry and the Department’s senior staff. While the volume of State Freedom of Information Act requests has tripled since 2008, our resources to respond have not kept pace.
“That said, we know we must continue to improve our FOIA responsiveness and are taking additional steps to do so. That’s why Secretary Kerry asked the State Inspector General to undertake this review in March, and it’s why he appointed a Transparency Coordinator this Fall.”

China stocks nosedive, triggering another market halt

HONG KONG –  Chinese stocks nosedived Thursday, triggering their second daylong trading halt this week and sending share markets, Asian currencies and oil prices lower as investor jitters rippled across the globe.
The benchmark Shanghai Composite Index tumbled 7.3 percent to 3,115.89 before "circuit breakers" suspended trading for the day. The Shenzhen Composite Index for China's second smaller stock exchange slumped 8.3 percent to 1,955.88.
Chinese government measures introduced last year to prop up share prices after a meltdown in June are being gradually withdrawn, leading to volatile trading. Investors are also unnerved that Beijing has allowed the yuan to weaken, a possible sign the No. 2 economy is in worse shape than thought.
"The sell-off in Chinese equities we have seen this week only emphasizes the point that the stock market intervention may have only delayed the sell-off," said Angus Nicholson, market analyst at IG in Melbourne, Australia.
Chinese stock trading was also suspended on Monday after the market plunged.
The tempest in China's markets has been felt around the world. Foreign investors have little direct involvement in Chinese financial markets, but the size of China's economy means the wild gyrations are a source of concern internationally.
The latest slump comes after China's government guided the yuan lower over several days, an indication authorities are prepared to weaken the tightly controlled currency to boost flagging exports. The yuan rate was set Thursday morning at 6.5646 to the U.S. dollar, the weakest in nearly five years, the official Xinhua news agency reported, citing data from the China Foreign Exchange Trading System.
In early European trading, France's CAC 40 was down 2.5 percent at 4,367.97 and Germany's DAX slid 3.1 percent to 9,899.50. Britain's FTSE 100 cratered 2.3 percent to 5,933.74. Futures augured sharp losses on Wall Street. Dow and S&P 500 futures were each down 2 percent.
The Shanghai benchmark has dropped 12 percent so far this year, which is barely a week old. Thursday's market plunge may have been exacerbated by investors rushing to sell before they were locked out by the automatic trading suspension, some analysts said.
The circuit breakers trip when there are big swings in the CSI 300 index. Trading halted temporarily barely 14 minutes into the morning session when stocks plunged 5 percent. When trading resumed 15 minutes later, stocks plunged further, falling more than the 7 percent limit that triggers a daylong trading freeze.
"There was some apparent panic selling with investors trying to reduce exposure before the mandatory triggers entered into effect," said Gerry Alfonso, trading head at Shenwan Hongyuan Securities in Beijing.
"Sentiment seems to be rather fragile at the moment as the soft macroeconomic environment together with the fear of not being able to sell during a market correction causing some anxiety among investors," he wrote in a note to clients.
Nicholson said, "It's difficult to see the circuit-breakers surviving long in their current form, given they only seem to be further contributing to the volatility in the Chinese market."
Among other Asian stock markets, Japan's benchmark Nikkei 225 index fell 2.3 percent to 17,767.34 and South Korea's Kospi lost 1.1 percent to 1,904.33.
Hong Kong's Hang Seng shed 3.1 percent to 20,333.34 and Australia's S&P/ASX 200 retreated 2.2 percent to 5,010.30.
Benchmarks in Taiwan, New Zealand and Southeast Asia also fell.
Oil prices touched their lowest in more than a decade. Benchmark U.S. crude futures fell $1.43, or 4.2 percent, to $32,54 in electronic trading on the New York Mercantile Exchange. The contract on Thursday dropped $2, or 5.6 percent, to settle at $33.97 a barrel. Brent crude, a benchmark for international oils, fell $1.24, or 3.7 percent, to $32.99 a barrel in London.
In currency markets, the dollar fell to 117.66 yen from 118.67 yen in the previous day's trading as investors bought the Japanese currency as a safe haven. Some other Asian currencies retreated in concert with the yuan. The euro rose to $1.0795 from $1.0778.

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FOX Business Network Announces Moderators for GOP Primary Debates on Jan. 14

FOX Business Network has announced the moderators for its two Republican presidential primary debates on Thursday, January 14.
Anchor/Managing Editor of Business News, Neil Cavuto and Anchor/Global Markets Editor, Maria Bartiromo will reprise their roles as moderators for the primetime debate, which will begin at 9 p.m. ET. The earlier debate, which is scheduled to start 6 p.m. ET, will again be moderated by anchors Trish Regan and Sandra Smith.
The debates, which have been sanctioned by the Republican National Committee, will take place at the North Charleston Coliseum and Performing Arts Center in North Charleston, South Carolina. They will follow a similar format to the network’s inaugural debate, focusing on economic, domestic and international policy issues.
The debates will factor in both national polls, as well as those based in Iowa and New Hampshire conducted and released prior to Monday, January 11 at 6 p.m. ET. The primetime debate will feature candidates that place in the top six nationally, and place within the top five in Iowa or New Hampshire, while the remaining candidates will be invited to the early debate.
The candidates that qualify for each debate will be announced on FBN’s Lou Dobbs Tonight on Monday, January 11 at 7 p.m. ET.
FOX Business Network is a financial news channel owned by 21st Century Fox (FOXA). Headquartered in New York, FBN launched in October 2007 and is available in more than 80 million homes in major markets across the United States and on FOXBusiness.com.

Obama's gun control actions open legal can of worms

President Obama’s executive action to expand gun sale background checks has opened up a legal can of worms, specifically the president’s bid to broaden the definition of who’s a dealer -- and therefore must get a license and conduct background checks. 
Under current federal law passed by Congress, only federally licensed dealers must conduct background checks on buyers. The law does not specify whether this applies to online sales and other areas -- so those selling or trading guns on websites or in informal settings such as flea markets often don’t register.
As the centerpiece of Obama's new gun push, the Bureau of Alcohol, Tobacco, Firearms and Explosives on Monday night issued updated guidance that now deems anyone “in the business” of selling guns a dealer, regardless of where they sell.
All of which puts a constitutional spotlight on Obama’s actions, raising questions of interpretation that may have to be settled by the courts.
“Mr. Obama will now require that anyone who sells a gun, that is even an 'occasional' seller, will be required to perform a background check. By defining what an 'occasional seller' is, the president is essentially interpreting the law, a job reserved for the courts,” Judge Andrew Napolitano, Fox News' senior judicial analyst, said in a FoxNews.com opinion piece.
Until the courts weigh in, it falls on the sellers to figure out who technically is "in the business" of dealing.
It's a tough question -- and one with serious implications. As Obama noted during remarks at the White House Tuesday, failure to follow these rules can result in criminal prosecution.
While the new guidance says collectors and gun hobbyists are largely exempt, the exact definition of who must register and conduct background checks is vague. Some officials suggested that selling just one or two firearms could subject a seller to these rules.
Philip Dacey, president of the Pennsylvania Gun Collectors Association, told FoxNews.com that while he thinks the new orders will not have a huge impact on collectors, the devil is in the details.
"I think [to require a license for] one or two guns would be ridiculous, and how will you enforce it? If there’s no paperwork trail, how would you know when people are selling one or two guns to their neighbor?" Dacey said.
Dacey also noted that getting a federal license could take over three months and entail a complex process involving fingerprints, photographs and a visit by ATF agents.
The guidance says determining whether someone is “engaged in the business” of dealing requires looking at "the specific facts and circumstances of your activities.”
“As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed,” the guidance says.
Click here to read the guidance.
However, the document also notes the courts have deemed people dealers in some cases even if they only sell a couple guns.
“Note that while quantity and frequency of sales are relevant indicators, courts have upheld convictions for dealing without a license when as few as two firearms were sold, or when only one or two transactions took place, when other factors were also present,” the guidance says.
In a conference call with Attorney General Loretta Lynch and White House Press Secretary Josh  Earnest, senior adviser Valerie Jarrett sought to clarify, but risked making the confusion even greater.
“ATF will make clear that whether you are ‘engaged in the business’ depends on the facts and circumstances,” Jarrett said, according to The Washington Free Beacon. “On factors such as: whether you represent yourself as a dealer, such as making business cards or taking credit card statements. Whether you sell firearms shortly after they’re acquired or whether you buy or sell in the original packaging.”
On the question of the number of guns sold, Lynch said: “It can be as few as one or two depending upon the circumstances under which the person sells the gun."
Adding to the questions, the background check provision rests in the murky realm of agency "guidelines," which carry less weight than formally issued federal regulations and can easily be rescinded.
Republicans blasted the new guidance as a form of intimidation that would only target law-abiding citizens.
“[Obama] knows full well that the law already says that people who make their living selling firearms must be licensed, regardless of venue,” said House Speaker Paul Ryan, R-Wis., in a statement. “Still, rather than focus on criminals and terrorists, he goes after the most law-abiding of citizens. His words and actions amount to a form of intimidation that undermines liberty.”

Illinois Christian college seeks to fire professor for comments on Islam

Officials at a Chicago Christian college said Tuesday they are moving forward with firing a professor who was placed on leave after asserting that Christians and Muslims worship the same God.
Provost Stanton Jones initiated the termination-for-cause proceeding after Larycia Hawkins refused to participate in clarifying the comments she made about the two religions, Wheaton College said in a statement on its website.
Wheaton College said it placed Hawkins on administrative leave in December because of theological statements "that seem inconsistent with Wheaton College's doctrinal convictions, which she voluntarily agreed to support and uphold when she entered into an employment agreement with the college."
Hawkins began to wear a hijab to show solidarity with Muslims, whom she felt were being persecuted in the wake of the San Bernardino shooting and the terror attacks in Paris. She told reporters last month her actions were “motivated by a desire to live out my faith.”
“I stand in religious solidarity with Muslims because they, like me, a Christian, are people of the book,” she posted on Facebook. “And as Pope Francis stated last week, we worship the same God.”
The school insists that is not why she was placed on leave.
The college said it has had frank conversations with Hawkins on doctrinal issues as it pursued the possibility of reconciliation with her but that "Hawkins has stated clearly her unwillingness to participate in such further clarifying conversations."
The Chicago Tribune reported that Hawkins had been asked to affirm the college’s statement of faith four times since she started teaching at Wheaton College nine years go. Hawkins and the school have butted heads over a paper relating the Bible and race relations in America, a photo taken of her inside a home at a party on the same day as Chicago’s Pride Parade and suggesting the college's curriculum should include sensitive vocabulary for talks concerning sexuality, according to the paper.
A spokeswoman for Hawkins, Shelly Ruzicka, said the professor had no immediate comment on the effort to fire her but she "maintains Christian support for the Muslim community amid the ongoing anti-Muslim climate."
Hawkins now faces a hearing with the college’s Faculty Personnel Committee, according to the Tribune.
The panel is made up of nine tenured faculty members. After hearing from both sides, the panel will make a recommendation on Hawkins' continued employement to Wheaton College President Philip Ryken.

Trump campaign says proposed UK ban over Muslim remarks 'a dangerous precedent'

Donald Trump’s campaign fired back Tuesday against a scheduled debate in the British parliament to discuss whether the Republican contender should be banned from entering the United Kingdom.
British lawmakers will debate later this month whether Trump’s call for a temporary ban on Muslims entering the United States is a reason to prevent him from coming to Britain.
“Westminster would create a dangerous precedent and send a terrible message to the world that the United Kingdom opposes free speech,” George Sorial, executive vice president and counsel for the Trump Organization, told Fox News in a statement.
Several British officials blasted Trump’s proposal follwing the Dec. 2 terror attack in San Bernardino, Calif., with Prime Minister David Cameron calling the idea “divisive, unhelpful and quite simply wrong" in a break from the convention that British officials keep their opinions about U.S. presidential candidates to themselves.
Since Trump's remarks, two petitions have been circulated regarding his potential travel to the U.K. The first, with more than 560,000 signatures, calls for Trump to be banned from entering Britain. A rival petition with nearly 40,000 signatures, calls on officials to refrain from imposing a ban.
The House of Commons Petitions Committee said Tuesday that both petitions would be debated Jan. 18. Chairwoman Helen Jones said the debate "will allow a range of views to be expressed," and did not mean the committee supported a ban.

The debate will not result in a binding vote.
In response to the petitions, the British government said in a statement that while they don’t normally comment on individual exclusion decisions, Home Secretary Teresa May could ban someone if she “considers their presence in the UK to be non-conducive to the public good”.
“[We] will continue to speak out against comments which have the potential to divide our communities, regardless of who makes them,” the statement continues.
Trump’s campaign has warned that restricting his travel would have ripple effects, saying a ban would "alienate the many millions of United States citizens who wholeheartedly support Mr. Trump and have made him the forerunner by far in the 2016 Presidential Election."
Trump has touted his Turnberry golf resort in Scotland on the campaign trail as an example of his business acument.
The real estate mogul visited the property this past July when it hosted the Women's British Open.
“I think that I'd be very close with Britain," Trump said at the time. "We would be, we would have, such a great relationship with this part of the world."
Trump has said he is looking to invest further in Turnberry and other locations in the U.K.
Yet Trump’s company has also warned that any official action taken against him “would force The Trump Organization to immediately end these and all future investments we are currently contemplating in the United Kingdom.”

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