While Federal investigations may have trouble finding specific quid-pro-quos in Russia’s bribing Hillary Clinton, it is now clear that all the key high level Obama administration officials(especially Clinton) knew, as early as 2009, that the Russian government entity ROSATOM’s subsidiaries were actively committing a vast criminal “nuclear kickback” conspiracy in the United States.
New reports have raised legitimate questions about the clear failure of the Obama Administration to inform the CFIUS Federal governmental board, the body that approved the 2010 UraniumOne sale to a Russian controlled corporation, of the Russian “nuclear kickback” case. However, the more dramatic failure of the Obama Administration was its purposeful neglect in informing Congress of the ROSATOM’s “nuclear kickback” crimes during the ratification hearings for the 2010-11 Russian-American New START nuclear arms treaty.
In effect, Putin bribed Hillary Clinton, US Secretary of State, in a 2-for-1 corruption scandal. He bought the UraniumOne approval and the New START Treaty ratification with the same Clinton Foundation bribe. The problem for the all former high level national security Obama Administration officials is that under 18 U.S.C. 1505 it is a federal felony to obstruct or impede either a Congressional “inquiry or investigation” or a “pending proceeding” before a “federal department” due to corruption. Therefore, the Obama Administration’s 2009 failure to properly and fully inform the Senate, and the CFIUS board of ROSATOM’s criminal enterprise in the United States is a big, severe felony crime.
The Factual Background:
There is currently ample open-source evidence to conclude that all the key National Security officials in the Obama Administration (especially Sec of State Clinton) knew as early as 2009 that Vadm Mikerin, a Russian national, and his “higher officials” Moscow backers, were engaged in a vast criminal conspiracy relating to “nuclear kickbacks” and felony violations of the Foreign Corrupt Practices act. Mikerin was a big-wig in ROSATOM. In 2015, Mikerin pled guilty to the “criminal money laundering conspiracy involving violations of the Foreign Corrupt Practices Act,” and was sent to Federal Prison for 4 years.
According to its website, ROSATOM is the Russian “State Atomic Energy Corporation.” The ROSATOM webite continues to state, “ROSATOM is a proponent of the uniform national policy and best management practices in nuclear power utilization, the nuclear weapons industry, and nuclear safety.”
Did you get that? ROSATOM a “proponent of the uniform national policy” of the Russian “nuclear weapons industry.” In the United States, Mikerin set up and ran Tenam which was a subsidiary of Tenex ROSATOM’s foreign trade arm. So, in 2009 and 2010, Sec. of State Clinton and the entire Obama national security team intentionally and knowingly withheld time-sensitive national security information about the Russian key nuclear-arms corporation while the UraniumOne and New Start treaty were being evaluated by the United States Senate and CFIUS board.
The “Obstruction of Congress” Statute:
18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
Let’s analyze the statute:
II. A. corruptly, or B. by threats or C. force, or D. by any threatening letter or communication
III. A. influences, B. obstructs, or C. impedes or D. endeavors to 1. influence, 2. obstruct, or 3. impede
IV. A.1. the due and proper administration of the law under which 2. any pending proceeding is being had 3. before any department or agency of the United States, or
B. 1. the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by a. either House, orb. any committee of either House orc. any joint committee of the Congress
Shall be fined under this title or imprisoned not more than 5 years (not more than 8 years if the offense involves domestic or international terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
Additionally, for the definition of “corrupt” we need to look at the federal bribery statute, 18 U.S.C. § 201(b), which criminalizes the corrupt promise or transfer of any thing of value to influence an official act of a federal official, a fraud on the United States, or the commission or omission of any act in violation of the official's duty.
Brief Legal Analysis:
First, the CFIUS board evaluating the UraniumOne sale to the ROSATOM subsidiary was clearly “a pending proceeding” “being had before a department or agency of the United States.”
And, the US Senate’s and even the House of Representatives’ evaluation of the UraniumOne sale and especially of the ratification of the New Start Treaty were clearly a “due and proper exercise of the power of inquiry” “being had” by “either House, or any committee of either House.”
Secondly, the withholding of the information of ROSATOM’s “nuclear kickback” conspiracy from both the CFIUS board and the Congress clearly “impeded,” and “obstructed” the “inquiry or investigation” of both the CFIUS board and Congress with respect to UraniumOne and the Congress with respect to the New START Treaty.
Thirdly, the Obama administration officials clearly “corruptly” engaged in these actions because , at a minimum, the intentional failure of the Obama national security officials to inform CFIUS and the Congress was, under 18 U.S.C. § 201(b) “corrupt” because they were clearly actions where the “commission or omission of” the acts were “in violation of the official’s duty.”
Their “Defense” will only sink them further:
A likely defense by the Obama national security officials will be “we withheld the information because if we had divulged the information, CFIUS and Congress would never have let the UraniumOne sale or the New START Treaty pass.” All they will have proven with this crazy defense is how relevant and vital the information was, and how critical it was to timely inform the FIUS and Congressional Committee’s of the information in the first place.
In short, and in conclusion, the Obama national security team should lawyer-up because they are looking at massive criminal claims coming their way.