Awan Brothers: Wasserman Schultz Threatened Police Chief For Gathering Evidence On Her IT Staffer’s Alleged Crimes
“Rep. Debbie Wasserman Schultz threatened the chief of the U.S. Capitol Police with “consequences” for holding equipment that she says belongs to her in order to build a criminal case against a Pakistani staffer suspected of massive cybersecurity breaches involving funneling sensitive congressional data offsite.
The Florida lawmaker used her position on the committee that sets the police force’s budget to press its chief to relinquish the piece of evidence Thursday, in what could be considered using her authority to attempt to interfere with a criminal investigation.
The Capitol Police and outside agencies are pursuing Imran Awan, who has run technology for the Florida lawmaker since 2005 and was banned from the House network in February on suspicion of data breaches and theft.
“My understanding is the the Capitol Police is not able to confiscate Members’ equipment when the Member is not under investigation,” Wasserman Schultz said in the annual police budget hearing of the House Committee On Appropriations’ Legislative Branch Subcommittee.
“We can’t return the equipment,” Police Chief Matthew R. Verderosa told the Florida Democrat.
“I think you’re violating the rules when you conduct your business that way and you should expect that there will be consequences,” Wasserman Schultz said.”
| Note: The congresswoman sure seems desperate to get her ‘lost’ IT equipment back. Why? One would think a member of the government would be more than happy to cooperate with an investigation into the foreign theft of critical, sensitive national security information instead of trying to impede it. /CJ
ICE Nabs Illegals Working Construction On Travis Air Force Base
|| Daily Caller
“Immigration and Customs Enforcement (ICE) agents have arrested illegal aliens working construction at the Travis Air Force Base and are looking to deport them as soon as possible.
ICE quickly arrived on the scene after a military official realized that two illegals, Hugo Mejia and Rodrigo Nuñez, did not have valid social security numbers and reported the pair of construction workers at the base, The Mercury News reports.
After arresting Mejia and Nuñez, ICE has placed the men in expedited deportation proceedings, as both men have removal orders stemming from when they entered the country illegally over a decade ago.
Mejia is naturally upset. He told The Mercury News in Spanish, while detained at the Rio Cosumnes Correctional Center, that he has a good track record.
“I’ve been here for 17 years and my record is excellent,” he said. “I’ve never done anything to anyone. My bills are paid on time, I have a clean record, we’ve never asked the government for help.”
ICE told The Mercury News that the two men “will remain in ICE custody pending court proceedings and it will be up to a judge with the Department of Justice’s Executive Office for Immigration Review to determine whether they will be subject to removal from the U.S.”
Justice Scalia Believed Supreme Court was Being Surveilled by Obama
“Judge Andrew Napolitano, Fox News senior judicial analyst, went on FOX Business Network on Monday to discuss allegations Senator Rand Paul and another senator were under surveillance by the Obama administration.
Napolitano also dropped a bomb on the Obama administration spying on the US Supreme Court.
Judge Napolitano: Justice Scalia told me that he often thought the court was being surveilled. And he told me that probably four or five years ago…If they had to unmask Senator Paul’s name to reveal a conversation he was having with a foreign agent and the foreign agent was hostile to the United States they can do that. That’s not what he’s talking about. They’re talking about unmasking him when he’s having a conversation with his campaign manager when he’s running in the Republican primary.
During the discussion Judge Napolitano also said Barack Obama could be subpoenaed to testify if he viewed the unmasked intelligence.”
Even Edison wonders if nuclear waste should be buried near ocean
“There could be settlement talks in a lawsuit protesting the proposed burial of San Onofre nuclear waste 100 feet from the ocean near the shuttered San Onofre nuclear plant.
San Diego-based Citizens Oversight sued the Coastal Commission for giving permission for burial of 3.6 million pounds of spent nuclear fuel 100 feet from the Pacific Ocean and inches above the high water mark. Among many things, global warming could move the ocean inland and an earthquake could cause havoc, argues Ray Lutz, head of Citizens Oversight.
The idea “is insane,” says Lutz.
San Diego attorneys Mike Aguirre and Maria Severson, who represent Citizens Oversight, called the proposal “an absurd plan” in a filing in the case last year.
Southern California Edison, majority owner of the now-shuttered San Onofre nuclear plant, along with Aguirre and Severson, today (April 7) asked a Superior Court judge to postpone a hearing in the case April 14 so that there can be settlement discussions.
“We believe the parties in the case and many community leaders share a common goal to transfer San Onofre’s used nuclear fuel off-site as soon as reasonably possible,” said Tom Palmisano, Edison vice president and chief nuclear officer. “We are hopeful that settlement discussions will permit the parties to reach a mutually agreeable solution.”
This is a matter of strange bedfellows. Aguirre and Severson have been battling Edison for years. The two lawyers traced the secret cooperation of Edison and the state utilities commission in coming up with a plan to get ratepayers to shell out money for the closing of San Onofre.
In a case now at the appellate level, Aguirre and Severson argue that the plan to soak ratepayers was a violation of the Fifth Amendment. They say that Edison and the commission concocted a scheme forcing consumers to pay for electricity that they are not getting. That violates the concept of “just compensation,” the San Diego lawyers argue.”
More Public Speakers from the San Onofre Community Engagement Panel in Laguna Hills
…Ray Lutz and Torgen Johnson address the San Onofre CEP, Thursday May 11, 2017.
What the San Onofre Shutdown Means – Victory Press Conference & Interviews
The San Onofre Nuclear Waste Threat, Explained
“For the past 30 years the state park and its surrounding areas have been fiercely guarded by environmentalists, and for good reason. It’s the last piece of accessible open space along the Southern California coast. Located on the border of Orange and San Diego counties, these popular surf spots have been prized destinations since the early 1930s, long before the arrival of Camp Pendleton or the San Onofre Nuclear Power Generating Station (SONGS). While surfers had zero political power in the pre-park era, in mid-2008, the Surfrider Foundation led a coalition of environmental groups that rallied successfully to prevent a controversial toll road from cutting through both the park and the delicate San Mateo watershed. The battle continued until late last year, when a $28 million settlement was reached between the Transportation Corridor Agency, and a collection of environmental agencies and the attorney general’s office of California.
The groups declared victory with headlines like “Trestles Saved Forever!”. But a far larger threat looms, and it hasn’t received anywhere near the amount of attention it deserves from those organizations.”
Gov’t Report: US Nuclear Reactors Face ‘Doom And Gloom’ Scenario
|| Daily Caller
“America’s fleet of nuclear reactors is rapidly aging, posing a serious problem for the country, according to a Friday report from the Energy Information Administration (EIA.)
EIA’s report notes that nearly all nuclear plants in the U.S. started operating between 1970 and 1990. This means they’re aging fast and will need to renew their original 40-year operating licenses before 2050. Most of these reactors are only designed to function for a maximum of 60 years and the U.S. isn’t building new ones fast enough.
“The U.S. nuclear energy fleet and American global market leadership is clearly at cliff’s edge without new capacity given the current trajectory of premature plant closings and likely licensing-related plant retirements.,” David Blee, executive director of the U.S. Nuclear Infrastructure Council (NIC), told The Daily Caller News Foundation.
EIA’s report estimates that 25 percent of currently operating U.S. nuclear electrical generating capacity will be forced to retire by 2050.
Nuclear power currently accounts for about 20 percent of all electricity generated in the U.S. and the country generated more nuclear energy than any other. This, however, is changing fast.
China is building 20 new nuclear reactors while South Korea alone has five more under construction. Meanwhile, only four reactors are under construction in the U.S. That’s barely enough to replace older reactors going out of service. More than half of the world’s nuclear reactors under construction are in Asia with the majority of those in China, according to Seeker.”
New Mexico group makes its pitch to store San Onofre’s nuclear waste
|| Union-Tribune San Diego
“In the search for finding a place to move the 3.55 million pounds of nuclear waste from the San Onofre Nuclear Generating Station (SONGS), one question always comes up: Sure, it would be great to send all that spent fuel as far away from the beach as possible, but who would ever be willing to accept it?
On Thursday night, those attending the quarterly meeting of the SONGS Community Engagement Panel heard directly from representatives from a private entity looking to do just that.
One person’s waste is another person’s most valuable possession,” said John Heaton, who is leading a group called the Eddy-Lea Energy Alliance that wants to build a massive nuclear storage facility in the desert of southeast New Mexico.
“We think it’s an important project for us in terms of jobs and capital investment in our part of the state,” said Heaton during a break in Thursday night’s meeting in Laguna Hills.
The facility has yet to be built but its ambitions are big. The New Mexico group has partnered with Holtec International, an energy company with extensive experience in the nuclear storage industry, to build a facility that would hold roughly 120,000 metric tons of spent nuclear fuel.
To put that figure in perspective, the now-suspended Yucca Mountain nuclear waste repository in Nevada was legislatively directed to accept 70,000 metric tons. And the total waste from nuclear plants across the country is estimated at 78,590 metric tons.
Pierre Oneid, senior vice president and chief nuclear officer at Holtec, said after Thursday’s meeting the entire process could move at a much faster rate than typical government-approved projects.
“We would commence construction immediately” once the project gets the OK, Oneid said. “We could be ready, if all the stars are aligned, by 2022.”
However, even if such a facility were built, it does not mean that waste at SONGS would be at the front of the line.
Spent fuel has been piling up for decades at nuclear plants across the country. The U.S. Department of Energy will determine the order of waste shipments but it is unclear how the agency will implement its policy when the time comes.
Another potential site for what’s called “consolidated interim storage” facilities, which are designed to house at least part of the waste accumulated at nuclear plants across the country, is in West Texas, not far from the proposed New Mexico facility.
Located outside of Andrews, Texas, the facility would be run by a company called Waste Control Specialists and could store about 5,000 metric tons of waste but with a footprint of 14,000 acres the site could be expanded. Like the New Mexico site, the company has filed a license application with the federal government.
Officials at Waste Control Specialists were invited to take part in Thursday’s meeting but David Victor, the Community Engagement Panel chairman, said the company is involved in a complex mergers and acquisitions process and postponed an appearance.
“Most people (in Texas and New Mexico) either don’t know what’s going on or the people on the street would tell you, no they don’t want it,” said Hadden, who flew in to attend the meeting. “When people do learn what’s happening they are alarmed and they want to take action to stop it.”
Another nuclear storage site in New Mexico — unaffiliated with the proposed Eddy-Lea facility — recently reopened after a radiation leak in 2014. The Waste Isolation Pilot Plant (WIPP) was shut down for almost three years after a waste drum of plutonium-contaminated debris ruptured.
“Things go wrong,” said Gary Headrick, co-founder of the advocacy group San Clemente Green, during the public comment period. “Things went wrong at WIPP … We gotta get this right.”
Thursday night’s meeting comes as discussion is heating up over nuclear waste. .
Edison officials are talking to representatives of Citizens Oversight, an East County-based civic group whose attorney, Michael Aguirre, has proposed moving SONGS waste to the Palo Verde Nuclear Generating Station in Arizona, located about 50 miles from Phoenix. .
In Washington D.C., Rep. John Shimkus, R-Illinois, has a draft bill in the U.S. House of Representatives that aims to clear the way to return funding to Yucca Mountain and Rep. Darrell Issa, R-Vista, has introduced legislation to pave the way for consolidated interim storage sites.
The Trump administration, in a budget blueprint released in March, called for the Department of Energy to receive $120 million to start looking at possible solutions, specifically interim storage site and possibly resurrecting Yucca.”
San Onofre Community Engagement Panel to Discuss Off-Site Used Fuel Storage
“The San Onofre Community Engagement Panel (CEP) will discuss off-site storage of used nuclear fuel during its quarterly meeting May 11 in Laguna Hills. The CEP advises the owners of the retired San Onofre nuclear plant on decommissioning.
The meeting will include updates on proposed interim storage sites in Texas and New Mexico designed to accept used nuclear fuel from sites such as San Onofre. In addition, two U.S. Nuclear Regulatory Commission officials from the agency’s Washington, D.C. and Region IV offices will review federal oversight of decommissioning at San Onofre.
Tom Palmisano, vice president and chief nuclear officer for Southern California Edison, the decommissioning agent on behalf of the San Onofre owners, will provide an update on preparations to decommission the plant.
The regular quarterly meeting will be from 5:30-8:30 p.m. at the Laguna Hills Community Center, 25555 Alicia Parkway, Laguna Hills. Staffed information booths will be open from 4:30-5:30 p.m. There will be a public comment period and the meeting will be live-streamed via songscommunity.com.
SCE announced in June 2013 that it would retire San Onofre Units 2 and 3, and had begun the process to decommission the facility. SCE has established core principles of safety, stewardship and engagement to guide decommissioning.”
“Sarah Huckabee Sanders filled in for Sean Spicer again at Wednesday’s White House press briefing and had a number of cheeky retorts.
While the deputy press secretary is relatively new on the scene, she is quickly establishing herself as a fearless spokesperson for the White House.
Check out her five sassiest moments from Wednesday’s press briefing:
5. Completely Ignores A Reporter
When a reporter tried to ask an additional question, Sanders ignored her completely and called on the next reporter…twice.
4. Ask Stupid Questions Get Stupid Answers
A reporter asked if there were any more firings planned within the Justice Department, and Huckabee just laughed and said, “Not that I’m aware of today.”
3. I Think There’s A Two Question Limit
One reporter mentioned he had an additional question and Sanders sarcastically responded, “I think there’s a two question limit around here.”
2. Democrats Should Do Their Jobs
Sanders defended President Trump’s meeting with the Russian Foreign Minister, arguing, “he should be meeting with the foreign minister…maybe [Democrats] should spend a little more time doing their jobs and we wouldn’t have all the problems that we do.”
1. Stop Asking The Same Thing
Sanders had no patience for reporters asking the same questions over and over on Wednesday. Eventually, she responded, “not to sound like a broken record, but since you guys keep asking the same questions I guess it’s only fair I keep giving the same answers.”
As tunnel with nuclear waste collapses in Washington, anger over spent fuel storage intensifies in Southern California
|| OC Register
“Just as activists planned to demand that San Onofre’s spent nuclear fuel be stored farther from the breaking surf, a tunnel containing nuclear waste collapsed at the troubled Hanford waste site in Washington, underscoring the hazards they hope to highlight.
The U.S. Department of Defense, which runs Hanford, evacuated workers closest to the collapse and told others to shelter in place. Responders are on the scene and reporting that the tunnel roof gave way in a 20-foot-by-20-foot area next to the Plutonium Uranium Extraction Facility, also known as PUREX, it said.
“There is no indication of a release of contamination at this point,” the DOD said in an update. “Responders are getting closer to the area where the soil has subsided for further visual inspection.”
The collapse was discovered during a routine surveillance of the area by workers, the agency said. The tunnels are hundreds of feet long, with about eight feet of soil covering them.
Activists in Southern California had planned to demand that the California Coastal Commission revoke the permit it granted Southern California Edison to bury millions of pounds of San Onofre’s spent waste in a “concrete monolith” just yards from the beach, for fear of similar, unanticipated breakdowns. The Commission will meet Wednesday through Friday in San Diego.
“Remarkably, the Coastal Commission says you can’t plant roses in the coastal area because they are non-native plants, but at the same time have approved a nuclear waste dump. Something is very wrong here!” said a statement by Ray Lutz of Citizens’ Oversight Projects in San Diego.
Such concerns will be repeated at the Laguna Hills Community Center on Thursday as well, when the volunteer San Onofre Community Engagement Panel, which advises Edison on San Onofre’s decommissioning, holds its quarterly meeting. The topic: off-site storage of used nuclear fuel.
The CEP will hear updates on potential storage sites in Texas and New Mexico, which could accept spent fuel from San Onofre and other commercial reactors if federal laws are changed. Two officials from the Nuclear Regulatory Commission officials will be on hand as well, and Edison vice president Tom Palmisano will update the crowd on decommissioning efforts.
The CEP meeting begins at 5:30 p.m. at the Laguna Hills center, 25555 Alicia Pkwy.
As more aging reactors shut down, leaving “stranded waste” all over the country, momentum is building for the United States to finally find a solution to its half-century-old nuclear waste problem.
To encourage the development of nuclear power, the federal government promised to accept and dispose of spent nuclear fuel and high-level waste from commercial reactors by Jan. 31, 1998. In return, the utilities operating nuclear plants made quarterly payments into a Nuclear Waste Fund to pay for disposal.
The utilities and their customers pumped about $750 million a year into the fund. But nearly two decades after the deadline once set to solve the problem, the DOE has not accepted an ounce of commercial nuclear waste for permanent disposal.
The nuclear industry sued the DOE and a federal judge said DOE couldn’t charge for a service it not only wasn’t providing but wouldn’t provide for many decades. Utilities across America stopped charging customers the disposal fee in 2014.
Even after spending more than $10 billion on a proposed Yucca Mountain, Nevada, disposal site, the Nuclear Waste Fund has about $36 billion that can go toward development of permanent or temporary storage.
The delays have left plants like San Onofre to figure things out for themselves. A trial was set to start last month over the legality of what has been dubbed a “beachfront nuclear waste dump,” but both sides agreed to sit down for settlement talks.
The likelihood that such talks would result in the immediate removal of the 3.6 million pounds of waste from the bluff overlooking the Pacific are slim, some observers said, as construction of the “concrete monolith” dry-cask storage system on site already is well under way, at a cost of hundreds of millions of dollars.
Some hope that officials can be moved to at least store the waste on the inland side of Interstate 5.”
President Kamala Harris? She’s making the first moves for Obama 2.0
“Now’s the time prospective presidential candidates start taking the subtle but crucial behind-the-scenes steps that get them noticed by the political intelligentsia, and Sen. Kamala Harris is quietly following the script.
She’s making speeches to key national constituencies. She’s due for an appearance at a Washington think-tank panel full of chattering-class presidential favorites that the national media will be reporting and analyzing, probably for days. She’s been fundraising for colleagues and making sure that she is forming relationships with key national reporters.
They’re all boxes that prospective presidential candidates routinely check. It’s a chance to ultimately convince insiders they’ve got the gravitas and the fundraising chops to be taken seriously.
The California Democrat, sworn into office four months ago, insists she’s not thinking about a run for president. Her inner circle forcefully tries to tamp down 2020 speculation – after all, there is no upside to being seen as a new senator focused more on national political ambition than on California.
But the speculation is not going away, not with the absence of a clear Democratic presidential frontrunner and the party desperately in search and in need of a new generation of leadership.
“A lot of activists in the party would love to see a new leader step forward,” said Roger Hickey,” co-director of the progressive strategy group Campaign for America’s Future.
Harris is being closely watched.
“Looking forward to see how she performs as a senator, I think that the sky is the limit for her,” said Jaime Harrison, associate chairman and counselor of the Democratic National Committee.
So far, Harris has leaped into the political spotlight with a resume that screams potential presidential material. She’s 52, a generation younger than better-known favorites such as Sens. Bernie Sanders of Vermont and Elizabeth Warren of Massachusetts or former Vice President Joe Biden.
“From everything I’ve seen of her she’d be an attractive candidate, she could be a compelling candidate, and I think she’d have a lot of appeal for primary voters,” said Bob Shrum, a senior adviser to the presidential campaigns of Al Gore and John Kerry.”
Sen. Kamala Harris likely to face lawsuit over California attorney general conduct
|| Washington Examiner
“Sen. Kamala Harris, D-Calif., will likely lose an effort to get a judge to dismiss a lawsuit alleging that she abused her authority as California’s attorney general.
On Wednesday, a San Diego dstrict court judge indicated the allegations likely have enough merit to go to trial.
“At this juncture, given the limited scope the court has to view these allegations … it seems almost inconceivable the court could grant a motion to dismiss,” District Court Judge Conzalo Curiel said, according to Courthouse News.
The lawsuit by Prime Healthcare Services, a national healthcare company, alleges that Harris imposed onerous requirements on its efforts to purchase another healthcare company. Prime claimed that Harris did this to benefit the Service Employees International Union, which was seeking to organize its workers. SEIU had donated to Harris’s 2010 and 2014 campaigns for attorney general as well as her 2016 Senate.
The California attorney general’s office oversees the sale and purchase of nonprofits and their assets. In most cases, the office required that any company purchasing a healthcare provider nonprofit had to maintain the nonprofit’s current level of services for at least five years. Harris expanded that requirement to 10 years in the case of Prime’s attempt to purchase the Daughters of Charity Health System.
Prime contended that the change made the planned $843 million sale “financially unviable” and was done deliberately by Harris to undermine it as part of a “quid pro quo” with SEIU. “The only time Attorney General Harris veered from that pattern (of requiring five years) was with respect to Prime and the 10 years condition for the first time,” said Prime’s attorney John Mills.”
– Senate candidate and current California Attorney General Kamala Harris was asked her opinion on a recent Public Utilities Commission plan to keep the San Onofre nuclear waste on site for the foreseeable future. Harris declined to answer stating as AG she was representing the CPUC as well as conducting a criminal investigation into the CPUC and the plant closure deal.
The moderator correctly pointed out that the two issues were not related when Harris let out the bombshell that she was conducting a criminal investigation into the nuclear plant and ‘the conduct that took place there.’
This appears to the tip of a very large iceberg here. In the middle of her Senate campaign, Kamala Harris faces a huge conflict of interest in a major scandal. The deal ironed out between the CPUC and Edison was clearly illegal, Harris has evidence as the result of a search, and now we find that Gov Jerry Brown is refusing to release emails related to the matter.
– The San Diego Union-Tribune published an article on the issue the moderator is raising here
Gov Jerry Brown Refuses to Release emails and other records related to the backdoor Edison deal that stuck the rate payers with a 3.4 billion bill | Why?
“But while the criminal division of the state Attorney General’s Office is pursuing the criminal probe, the civil division of the office is supporting Gov. Jerry Brown in his fight against disclosing emails between his office, the PUC and utilities during the period decisions were being made about how to pay for the costs of closing San Onofre.
Recent coverage of the case in the San Diego media has featured sharp criticism of Harris’ dual role in dealing with the scandal.
“In this case, for the [attorney general] to investigate the communications with the [California Public Utilities Commission] while representing a potential witness who is a potential subject of the investigation is a conflict,” former San Diego County District Attorney Paul Pfingst told KPBS.
“One of the problems with the conflict is it invites the attorney general to narrow the investigation to avoid the conflict,” former San Diego City Attorney Mark Aguirre told the San Diego public broadcasting affiliate.
“If the investigation into the Public Utilities Commission involves the nuclear power plant, and that is something that’s the subject of the governor’s emails they are trying to keep secret, then I think there is a conflict,” Georgetown University law professor Paul F. Rothstein told the Union-Tribune. “The Attorney General’s Office should probably turn over one or the other of these cases to an independent counsel.”
“Government works best when it shines light on problems, not seeks to keep the public in the dark,” University of San Diego law professor Shaun Martin told the newspaper, criticizing Harris for helping efforts to keep public records from being released to the media.”
Attorney general Kamala Harris’s predictable “malpractice”
– San Diego Reader
Statute of limitation runs out on San Onofre investigation
“On March 26, 2013, an executive of California Edison, Stephen Pickett, had a clandestine meeting with Michael Peevey, then president of the California Public Utilities Commission, at a hotel in Warsaw, Poland.
At this meeting, Peevey sketched out a strategy for Edison (majority owner of the now-shuttered San Onofre power plant) and San Diego Gas & Electric (minority owner) by which they could pass on the decommissioning costs of closing San Onofre to ratepayers, who had nothing to do with the mismanagement that led to the shutdown. Later, the commission approved a deal, which was very similar to what Peevey had suggested in Warsaw: ratepayers would pick up the tab for a whopping $3.3 billion. (Edison and SDG&E already had among the highest utility rates in the nation.)
The state attorney general’s office investigated and recovered the notes from that Warsaw meeting. Those notes were a smoking gun for obstruction of justice. But skeptics guffawed: attorney general Kamala Harris was running for the U.S. Senate. She wouldn’t dare cross Peevey pal and fellow Democratic governor Jerry Brown — whose sister Kathleen has been on Sempra Energy’s board of directors since 2013. (Sempra is the parent company of SDG&E.) The skeptics doubted that Harris would actually pursue a prosecution.
The skeptics were right.
Last month, the three-year period of the statute of limitations ran out. Unless the attorney general’s office investigates another angle on this case, Peevey, Edison, and Brown will skate. Harris did the same in the case against San Bruno, which suffered the destruction of a neighborhood and several deaths from an explosion that Pacific Gas & Electric will have to throw some money in the pot for. At least, in the San Bruno case, federal investigators have moved in. But “the feds are missing in action” on San Onofre, says San Diego attorney Mike Aguirre.
“For her to let the statute go is malpractice,” says Aguirre.
Harris has not put anything close to sufficient firepower on the case, as she has stalled it to advance her own political career. Since that Warsaw meeting, the legislature has passed bills to reform the utilities commission. Brown vetoed them.
Meanwhile, Aguirre and his law partner Maria Severson are fighting the San Onofre battle and have not been able to get copies of emails that are essential to the case.”