Top State Department aide listed as Clinton Foundation director

Hillary Clinton's chief of staff at the State Department was listed as a director at the Clinton Foundation in its corporate records for more than three years after joining the administration, highlighting concerns that Clinton's aides were too close to the foundation during her tenure.
The "William J. Clinton Foundation Corporation" named Cheryl Mills as one its three directors when it applied for nonprofit corporate status in Florida in June 2009-five months after Mills began serving as Clinton's chief of staff and counsel at the State Department.
The organization continued to list Mills as a director in its annual state filings in 2010, 2011, and 2012. During this time, the foundation updated its office address and registered agent on the same documents. Chelsea Clinton replaced Mills in the March 2013 report.
The Florida filings highlight the cozy relationship between Clinton's inner circle at the State Department and the Clinton Foundation, which has come under scrutiny from watchdog groups for accepting money from foreign governments and donors.
Huma Abedin, another close Clinton aide, received a waiver in 2012 that allowed her to do part-time consulting for the foundation while working for the government. She did not publicly acknowledge the work until it was revealed by the New York Times.

More on this...

• Senate GOP asking new questions about emails for Clinton and Abedin, who had special employment status

Earlier this month, the conservative group Citizens United sued the State Department to release emails between Mills and Clinton Foundation officials.

Feds won't pursue contempt charges against Lerner for not testifying before House

The Justice Department has declined to pursue contempt of Congress charges against Lois Lerner for refusing to testify about her role at the IRS in the targeting of conservative groups.
The department announced the decision in a letter Tuesday to House Speaker John Boehner, whose Republican-controlled chamber made the request to prosecute, after holding Lerner in contempt for refusing to testify at committee hearings.
"Once again, the Obama administration has tried to sweep IRS targeting of taxpayers for their political beliefs under the rug,” Boehner spokesman Michael Steel told FoxNews.com.
Lerner asserted her Fifth Amendment privilege, which allows people to not testify against themselves, during a May 2013 hearing of the House Committee on Oversight and Government Reform and then again at a March 2014 hearing.
However, House Republicans argued Lerner waived the privilege with an opening statement she made before the committee in the May 2013 appearance. All the chamber’s Republican members and six Democrats officially voted in May 2014 to hold Lerner in contempt.
Ron Machen Jr., the U.S. attorney for the District of Columbia, said in the seven-page letter that federal prosecutors concluded Lerner did not waive her privilege because she made “only general claims of innocence” during the opening statement.
“Thus, the Fifth Amendment to the Constitution would provide Ms. Lerner with an absolute defense should be prosecuted … for her refusal to testify,” wrote Machen, who was appointed to the U.S. attorney post by President Obama and left for private practice Wednesday, one day after sending the letter.
He also said he will not refer the case to a grand jury or take any other action to prosecute.
Lerner ran the IRS’s exempt organizations unit when Tea Party and other nonprofit groups with conservative names applying for tax-exempt status were targeted for additional auditing from April 2010 to April 2012.
She was placed on administrative leave in May 2013 and retired four months later.
“I have not done anything wrong,” Lerner said in her 2013 opening statement. “I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.”
The IRS scandal broke in May 2013 when Lerner said at an American Bar Association gathering and during a follow-up conference call with reporters there was a “very big uptick” in nonprofit applications and that the vetting process was limited to the agency’s Cincinnati office.
However, the extent to which the Obama administration knew about the targeting, beyond Lerner’s unit in Washington, remains unclear in part because, she says, her computer crashed and emails were lost.
Lerner attorney William Taylor said he and is client are “gratified but not surprised” by the decision by the U.S. Attorney’s Office.
“Anyone who takes a serious and impartial look at this issue would conclude that Ms. Lerner did not waive her Fifth Amendment rights.” he said. “It is unfortunate that the majority party in the House put politics before a citizen’s constitutional rights.”
Steel also said the White House still has the opportunity to “do the right thing and appoint a special counsel to examine the IRS’ actions."
Ohio GOP Rep. Jim Jordan said federal prosecutors made the “wrong” decision.
“As one of his final acts as U.S. attorney for Washington, D.C., Ronald Machen used his power as a political weapon to undermine the rule of law,” Jordan said. “Machen was legally bound to convene a grand jury, but instead he ignored his obligation and unilaterally decided to ignore the will of the House. … This is wrong, and a great example of why so many Americans distrust their government.”

One foot out the door? Iran talks enter double overtime, White House repeats ‘walk away’ threat

Secretary of State John Kerry is sticking around for at least another day of tense talks over Iran's nuclear program, pushing negotiations into double overtime -- even as other foreign ministers were sitting it out and the White House repeated a threat that all sides are "prepared to walk away."
"We continue to make progress but have not reached a political understanding," State Department spokeswoman Marie Harf said in a brief statement, revealing that Kerry would once again postpone his departure from the Switzerland talks and "remain in Lausanne until at least Thursday morning to continue the negotiations."
Negotiators already had blown past a Tuesday at midnight deadline to push talks into Wednesday. It remained unclear whether talks continuing into Thursday could yield a deal framework.
German Foreign Minister Frank-Walter Steinmeier said negotiators were still facing a "tough struggle," indicating the talks were not likely to end anytime soon. "Tonight there will be new proposals, new recommendations. I can't predict whether that will sufficient to enable an agreement to be reached," he said.
At the same time, Iranian Foreign Minister Mohammed Javad Zarif accused his country's negotiating partners, particularly the U.S., of having "defective" political will in the talks.
"I've always said that an agreement and pressure do not go together, they are mutually exclusive," he told reporters. "So our friends need to decide whether they want to be with Iran based on respect or whether they want to continue based on pressure."
The foreign ministers of China, France and Russia previously had departed Lausanne Tuesday night. With talks bleeding into Thursday, France's foreign minister reportedly was on his way back.
But patience may be wearing thin.
White House Press Secretary Josh Earnest said Wednesday that talks were "making some progress" but that "we have not yet received the specific, tangible commitments we and the international community require."
And he restated a threat that the U.S. and others are prepared to leave the table.
"We're going to drive a hard bargain and we're going to expect Iran to make serious commitments," he said. "And we're going to give them the opportunity to do so.  But if they don't, the international community, alongside the United States, is prepared to walk away and consider some alternatives."
The Obama administration has faced recent calls to do just that.
Sen. Tom Cotton, R-Ark., told Fox News he's concerned the framework of a deal could allow Iran keep its uranium stockpiles and continue to enrich uranium in an underground bunker.
"You have to be willing to walk away from the table and to reapply leverage to Iran," Cotton said. "And the fact that they're not willing to do that, that we're still sitting in Switzerland negotiating when three of our negotiating partners have already left just demonstrates to Iran that they can continue to demand dangerous concessions from the West."
Speaking on MSNBC, former Democratic presidential candidate Howard Dean seemed to agree. He said that while President Obama is "right" to seek a deal, it might be time to "step away" from the table and make clear that the U.S. is not backing off key positions -- including on Iran's uranium stockpile and the pace of sanctions relief.
The negotiators' intention is to produce a joint statement outlining general political commitments to resolving concerns about the Iranians' nuclear program in exchange for relief of economic sanctions against Iran. In addition, they are trying to fashion other documents that would lay out in more detail the steps they must take by June 30 to meet those goals.
But Iran has pushed back not only on the substance of the commitments the sides must make but to the form in which they will make them, demanding that it be a general statement with few specifics.  That is politically unpalatable for the Obama administration which must convince a hostile Congress that it has made progress in the talks so lawmakers do not enact new sanctions that could destroy the negotiations.
Zarif said the result of this round of talks "will not be more than a statement."
A senior Western official pushed back on that, saying that nothing about a statement had been decided and that Iran's negotiating partners would not accept a document that contained no details. The official was not authorized to speak to the negotiations by name and spoke on condition of anonymity.
Deputy Iranian Foreign Minister Abbas Araghchi named differences on sanctions relief as one dispute -- but also suggested some softening of Tehran's long-term insistence that all sanctions on his country be lifted immediately once a final deal takes effect.
He told Iranian TV that economic, financial, oil and bank sanctions imposed by the U.S., the European Union and others should be done away with as "the first step of the deal."
Alluding to separate U.N. sanctions he said a separate "framework" was needed for them.
Negotiations have already been twice extended since an interim agreement between Iran, the United States, Russia, China, Britain, France and Germany was concluded in 2013. President Obama and other leaders, including Iran's, have said they are not interested in a third extension.
But if the parties agree only to a broad framework that leaves key details unresolved, Obama can expect stiff opposition at home from members of Congress who want to move forward with new, stiffer Iran sanctions. Lawmakers had agreed to hold off on such a measure through March while the parties negotiated. The White House says new sanctions would scuttle further diplomatic efforts to contain Iran's nuclear work and possibly lead Israel to act on threats to use military force to accomplish that goal.

Nuclear Cartoon

Obama vetoes measure against swifter union elections

President Obama on Tuesday vetoed a measure passed by the Republican-run Congress blocking the National Labor Relations Board from streamlining the process for union elections, saying government should not make it harder for workers to be heard in the workplace.
Obama also announced a fall White House summit on worker rights.
The NLRB rule, set to take effect on April 14, would shorten the amount of time between when an election is called and when it is held by eliminating a 25-day waiting period.
Republicans and business groups opposed the rule, arguing that it would limit the ability of businesses to prepare for what some critics have dubbed "ambush elections." Opponents also said workers wouldn't have enough time to make informed decisions about whether to join a union.
In the Oval Office on Tuesday, Obama called the labor board's changes "common sense" and "modest" before he vetoed a resolution the Congress passed to nullify the rule.
"Unions historically have been at the forefront of establishing things like the 40-hour work week, the weekend, elimination of child labor laws, establishing fair benefits and decent wages," Obama said. "And one of the freedoms of folks here in the United States is, is that if they choose to join a union, they should be able to do so. And we shouldn't be making it impossible for that to happen."
House Speaker John Boehner, R-Ohio, criticized Obama's decision.
"The NLRB's ambush election rule is an assault on the rights and privacy protections of American workers," Boehner said. "With his veto, the president has once again put the interests of his political allies ahead of the small-business owners and hardworking Americans who create jobs and build a stronger economy."
The rule was a victory for unions, which have long complained that the process is too long.
AFL-CIO President Richard Trumka, using language similar to Obama, has said that the board's "modest but important reforms" will help reduce delays and make it easier for workers to vote on forming a union. Using language similar to Boehner, Trumka has called lawmakers' attempt to overturn the rule "a direct attack on workers and their right to be heard in the workplace."
The NLRB rule also permits some documents to be filed electronically instead of by mail, and generally delays legal challenges by employers until after workers have voted on whether to unionize. The rule will also require employers to supply union organizers with workers' email addresses and telephone numbers.

Iran nuclear talks resume in Switzerland day after missing deadline

Talks between Iran and six world powers on the future of Tehran's nuclear program resumed in Switzerland Wednesday after missing a deadline to produce the framework of a permanent agreement.
Secretary of State John Kerry, British Foreign Secretary Philip Hammond, and German Foreign Minister Frank-Walter Steinmeier met with Iran Foreign Minister Javad Zarif in Lausanne early Wednesday, according to the Associated Press. Their French, Russian, and Chinese counterparts had all left overnight, leaving their deputies in charge. It was not immediately clear what effect their departures would have on negotiations.
Tuesday's talks had stretched into Wednesday morning local time before negotiators broke up, promising to meet a few hours later. State Department spokeswoman Marie Harf said earlier Tuesday that that enough progress had been made over six days of intense bartering to warrant an extension of the self-imposed deadline, though she noted "there are several difficult issues still remaining."
The deadline to agree on the outline of a permanent deal had already been extended twice before Tuesday, and it was not clear what would happen if an agreement was not reached by the end of Wednesday. The deadline for all the details of a comprehensive agreement to be settled is the end of June.
As the talks broke up late Tuesday, Zarif said that solutions to many of the problems had been found and that documents attesting to that would soon be drafted. That sentiment was echoed by Russian Foreign Minister Sergey Lavrov, who was quoted by Russia's TASS news agency as saying that "all key aspects" of a potential deal had been agreed upon.

More on this...

• Iran backs away from uranium concession ahead of deadline

Other officials were more skeptical. Asked how high the chances of success were, Steinmeier said: "I cannot say." And Hammond said Iran might still not be ready to accept what is on the table.
"I'm optimistic that we will make further progress this morning but it does mean the Iranians being willing to meet us where there are still issues to deal with," Hammond told British reporters. "Fingers crossed and we'll hope to get there during the course of the day."
The uncertain direction of negotiations could soon trigger renewed pressure from Congress on the Obama administration.
Congressional lawmakers had agreed to hold off on pursuing new sanctions legislation while negotiations were underway in advance of the initial March 31 deadline.
But according to reports, the talks may only result in a general statement that pushes off the hard decisions until June.
And patience may be wearing thin on Capitol Hill.
Sen. Mark Kirk, R-Ill., the lead Republican sponsor of the legislation imposing new sanctions on Iran if talks fail, on Tuesday renewed his call for the bill.
"Rather than rush headfirst into a disastrously bad deal, the administration should work with Congress to shift the burden of accepting a good deal onto Iran," Kirk said in a statement to FoxNews.com.
"The president could do that by signing into law the Kirk-Menendez legislation, which would empower the president to impose new sanctions if Iran fails to meet the major June 30th deadline or if Iran is not complying with the interim deal."
Sen. Bob Menendez, D-N.J., had co-sponsored the legislation, and along with other Democrats agreed to put the effort on hold while talks played out. If he and other Democrats join Kirk in pressing anew for the sanctions bill, the Obama administration has warned it could create turbulence for the talks themselves.
But supporters of the legislation argue it would only apply more -- and needed -- pressure on Iran to negotiate in good faith.
Prior to Tuesday's extension announcement, the Associated Press reported that, the sides were preparing to issue only a general statement agreeing to continue talks in a new phase aimed at reaching a final agreement to control Iran's nuclear ambitions by the end of June.
After intense negotiations, obstacles remained on uranium enrichment, where stockpiles of enriched uranium should be stored, limits on Iran's nuclear research and development and the timing and scope of sanctions relief among other issues.
The joint statement would have been accompanied by additional documents that outline more detailed understandings, allowing the sides to claim enough progress has been made thus far to merit a new round, the officials told the AP.
The softening of the language from a framework "agreement" to a framework "understanding" appeared due in part to opposition to a two-stage agreement from Iran's supreme leader, Ayatollah Ali Khamenei. Earlier this year, he demanded only one deal that nails down specifics and does not permit the other side to "make things difficult" by giving it wiggle room on interpretations.
U.S. Secretary of State John Kerry has been meeting with his Iranian counterpart Zarif since Thursday in an intense effort to reach a political understanding on the issue.
Kerry and others at the table said the sides have made some progress, with Iran considering demands for further cuts to its uranium enrichment program but pushing back on how long it must limit technology it could use to make atomic arms. In addition to sticking points on research and development, differences remain on the timing and scope of sanctions removal.

Defense rests in 1st phase of Boston Marathon bombing trial

BOSTON –  Lawyers for Boston Marathon bomber Dzkokhar Tsarnaev rested their case in his federal death penalty trial Tuesday after presenting a brief case aimed at showing his late older brother was the mastermind of the 2013 terror attack.
The defense admitted during opening statements that Tsarnaev participated in the bombings. But Tsarnaev's lawyer said he was a troubled 19-year-old who had fallen under the influence of his radicalized brother, Tamerlan, 26.
Closing arguments will be held April 6.
The defense has made it clear from the beginning of the trial that its strategy is not to win an acquittal for Tsarnaev but to save him from the death penalty.
If the jury convicts Tsarnaev — an event that seems a foregone conclusion because of his admitted guilt — the same jury will be asked to decide whether he should be executed or spend the rest of his life in prison.
During its brief case, the defense called a cell site analyst who showed that Tsarnaev was at the University of Massachusetts-Dartmouth when Tamerlan purchased components of the two bombs used in the 2013 attack, including pressure cookers and BBs.
Tsarnaev's lawyer told jurors that it was Tamerlan who shot and killed MIT police Officer Sean Collier three days after the bombings. Tamerlan died after a gun battle with police hours after Collier's slaying.
Prosecutors called more than 90 witnesses over 15 days of testimony, including bombing survivors who described losing limbs in the attack. Three people were killed and more than 260 were wounded when two pressure cooker bombs exploded near the marathon finish line on April 15, 2013.
Jurors saw gruesome autopsy photos of the three killed: 8-year-old Martin Richard, a Boston boy who had gone to the marathon with his family that day; 23-year-old Lingzi Lu, a graduate student from China who was studying at Boston University; and 29-year-old Krystle Campbell, a 29-year-old restaurant manager.

Arkansas passes 'religious freedom' bill similar to new Indiana law, sparking more protests

Arkansas lawmakers on Tuesday approved a religious-freedom bill similar to the one recently passed in Indiana that critics say creates the potential for businesses and others to legally discriminate against people because of their sexual orientation.
The state’s Republican-led House gave final approval to the bill, which prohibits the state and local governments from infringing on a person's religious beliefs without a "compelling" interest.
The measure now goes to Republican Gov. Asa Hutchinson, who has said he will sign it into law.
Doug McMillon, the CEO of Arkansas-based Wal-Mart, issued a statement Tuesday pressing Hutchinson to "veto this legislation," and adding that the law would "undermine the spirit of inclusion" in the state.
"[It] does not reflect the values we proudly uphold," McMillon's statement read.
Indiana GOP Gov. Mike Pence signed a similar bill on Thursday, and 19 other states have comparable measures on the books.
Companies and lawmakers across the country denounced the Indiana law as discriminatory against gays, lesbians and others --and ordered that official business and travel there either be curtailed or stopped.
This week, hundreds of protesters filled the Arkansas Capitol urging Hutchinson to veto the bill, which is almost identical to the Indiana bill.
Both appear to state that a person could deny another person a service, based on a religious belief, and use that circumstance as a legal defense.
One frequently used example is a baker refusing a wedding cake order from a gay couple.
Pence and the leaders of the state’s Republican-led legislature have argued their bill does not legalize discrimination and is similar to a 1993 federal law signed by President Clinton and to legislation in 19 other states.
And it has been supported by such social conservatives and potential 2016 Republican presidential candidates as former Florida Gov. Jeb Bush, Dr. Ben Carson, Louisiana Gov. Bobby Jindal, former Pennsylvania Sen. Rick Santorum and Florida Sen. Marco Rubio.
However, the Indiana Republican lawmakers vowed Monday to clarify the law -- just before a front-page Indianapolis Star editorial with the giant headline “Fix This Now.”
Prior to the passage Tuesday of the Arkansas bill, the White House repeated its opposition to the Indiana law.
“This kind of public outcry … is indicative of how this piece of legislation flies in the face of values that people all across America strongly support,” said White House Press Secretary Josh Earnest. “Governor Pence falsely tried to suggest the law is the same as the 1993 law. That is not true.”
Earnest also said the Indiana law was a “significant expansion” of law.