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Paul Merrell

Senate Investigation of Bush-Era Torture Erupts Into Constitutional Crisis | The Nation - 0 views

  • Here’s what Feinstein described Tuesday morning: At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis. […] Shortly [after Udall’s comments], on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications. According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it. Instead, the CIA just went and searched the committee’s computers.
  • If what Feinstein alleges is true, it essentially amounts to a constitutional crisis. And she said as much during her speech, describing “a defining moment for the oversight of our intelligence community.” “I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function,” Feinstein said. “Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • There’s also the issue of intimidation. The media reports that have been bubbling up recently around this issue have suggested that Senate investigators illegally obtained the Panetta review—some even raised the specter of hacking by the Senate investigators. The CIA went so far as to file a crime report with the Department of Justice, accusing Senate staffers of illegally obtaining the Panetta review. Tuesday morning, Feinstein strenuously denied the review was illegally obtained, and asserted it was included in the 6.2 million files turned over by the CIA and describing at length why Senate lawyers felt it was a lawful document for the committee to possess. And, in a remarkable statement, Feinstein accused the CIA of intimidation by filing the crime report. “[T]here is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral [to DoJ] as a potential effort to intimidate this staff—and I am not taking it lightly.” Feinstein went on to note one fairly amazing fact. The (acting) general counsel she referred to, who filed the complaint with DoJ, was a lawyer in the CIA’s counterterrorism center beginning in 2004. That means he was directly involved in legal justifications for the torture program. “And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff,” she noted gravely. “The same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.”
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  • Feinstein included an interesting aside in her speech. “Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.”
  • Also: remember that earlier this year, in response to a question from Senator Bernie Sanders, the National Security Agency did not expressly deny spying on Congress. The NSA may just have been being careful with its language, reasoning that since bulk data collection exists, perhaps members of Congress were caught up in it. But the question remains: if the CIA felt justified spying on Senate computers, may it have listened in on phone calls as well?
  • Feinstein’s grave concerns were echoed Tuesday morning by Senator Patrick Leahy, chair of the Senate Judiciary Committee. “This is not just about getting to the truth of the CIA’s shameful use of torture. This is also about the core founding principle of the separation of powers, and the future of this institution and its oversight role,” Leahy said in a statement. “The Senate is bigger than any one Senator. Senators come and go, but the Senate endures. The members of the Senate must stand up in defense of this institution, the Constitution, and the values upon which this nation was founded.”
  • Underlying this constitutional crisis is a desire by many at the CIA to sweep the Bush-era torture abuses under the rug. That logically would be the clear motivating factor in seizing the Panetta review from Senate investigators. And Brennan wasn’t afraid to keep pushing that approach—even during the same Tuesday interview with NBC’s Mitchell in which he denied “spying” on the Senate. Brennan also said that the CIA’s history of detention and interrogation should be “put behind us.” (It should be noted, of course, that there is strong circumstantial evidence that Brennan himself was complicit in the illegal torture program when he served in the Bush administration.) In the wake of her revelations on Tuesday, Feinstein renewed her desire to declassify the Senate report. “We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people,” she said, and suggested the findings will shock the public. “If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”
  • Obama has long said he supports declassification, and it seems it will happen soon. Tuesday, Feinstein was already moving to hold a committee vote on declassification. Committee Republicans will likely oppose it, but independent Senator Angus King, the swing vote, told reporters he is inclined to vote for declassification.
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    Note the error in the last quoted paragraph: Obama has said he supports declassification of the Senate report's *findings," not the entire report. That's likely over a 6,000-page difference.
Gary Edwards

Stifling Debate With Public Funds? « Opportunity Knocks Walt Hucks - 0 views

  • As a public employee myself, I know how these things happen: a committee is appointed, not because of their expertise, but because they are tongue-in-groove buttlickers for the political appointees they report to. As such, their conclusions are unsurprisingly always exactly what the appointees wanted to hear.
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    Walt has published an excellent response to an article published by suedo-scientific fascist, Richard Somerville. Walt displays some excellent writing skills and logical level-headed thinking as he rips the idiot Somerville to shreds.  Wlat also has a great line i would like to poach, with his permission of course: "they are tongue-in-groove buttlickers for the political appointees they report to" "As a public employee myself, I know how these things happen: a committee is appointed, not because of their expertise, but because they are tongue-in-groove buttlickers for the political appointees they report to. As such, their conclusions are unsurprisingly always exactly what the appointees wanted to hear." excerpt: Is This Science? Or Religion? The Scripps Institution of Oceanography at the University of California, San Diego, has published an article entitled, "A Response to Climate Change Denialism". The article is pure politics-and-religion style campaign literature. This on a site that is paid for by Californians' taxes. It is reproduced below in its entirety, both to preserve the evidence, and to facilitate commentary.
Gary Edwards

Schneiderman Is Said to Face Pressure to Back Bank Deal - NYTimes.com - 0 views

  • Terms of the possible settlement under consideration center on foreclosure improprieties like so-called robo-signing and submitting apparently forged documents to the courts to speed up the process of removing troubled borrowers from homes.
  • An initial term sheet outlining a possible settlement emerged in March, with institutions including Bank of America, Citigroup, JPMorgan Chase and Wells Fargo being asked to pay about $20 billion that would go toward loan modifications and possibly counseling for homeowners
  • In exchange, the attorneys general participating in the deal would have agreed to sign broad releases preventing them from bringing further litigation on matters relating to the improper bank practice
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    • Gary Edwards
       
      You've got to be kidding me!  $20 Billion and these crooks get to illegally foreclose on mortgages they can't document or prove they own?  They've stolen trillions of dollars, sunk the worlds economy, and maybe ended the greatest experiment in self government / individual liberty in mankind's 4,000 year history.  And the tab is only $20 Billion?  The Banksters steal that much in while putting on their pants in the morning.
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    By GRETCHEN MORGENSON Published: August 21, 2011 Eric T. Schneiderman, the attorney general of New York, has come under increasing pressure from the Obama administration to drop his opposition to a wide-ranging state settlement with banks over dubious foreclosure practices, according to people briefed on discussions about the deal. Eric T. Schneiderman has objected to elements of the settlement for months.  In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks. Mr. Schneiderman and top prosecutors in some other states have objected to the proposed settlement with major banks, saying it would restrict their ability to investigate and prosecute wrongdoing in a variety of areas, including the bundling of loans in mortgage securities. But Mr. Donovan and others in the administration have been contacting not only Mr. Schneiderman but his allies, including consumer groups and advocates for borrowers, seeking help to secure the attorney general's participation in the deal, these people said. One recipient described the calls from Mr. Donovan, but asked not to be identified for fear of retaliation.
Paul Merrell

FBI Drops Law Enforcement as 'Primary' Mission - 0 views

  • The FBI's creeping advance into the world of counterterrorism is nothing new. But quietly and without notice, the agency has finally decided to make it official in one of its organizational fact sheets. Instead of declaring "law enforcement" as its "primary function," as it has for years, the FBI fact sheet now lists "national security" as its chief mission.
  • Whatever the reason, the agency's increased focus on national security over the last decade has not occurred without consequence. Between 2001 and 2009, the FBI doubled the amount of agents dedicated to counterterrorism, according to a 2010 Inspector's General report. That period coincided with a steady decline in the overall number of criminal cases investigated nationally and a steep decline in the number of white-collar crime investigations. "Violent crime, property crime and white-collar crime: All those things had reductions in the number of people available to investigate them," former FBI agent Brad Garrett told Foreign Policy. "Are there cases they missed? Probably."
  • According to a 2007 Seattle Post-Intelligencer investigation, the Justice Department did not replace 2,400 agents assigned to focus on counterterrorism in the years following 9/11. The reductions in white-collar crime investigations became obvious. Back in 2000, the FBI sent prosecutors 10,000 cases. That fell to a paltry 3,500 cases by 2005.  "Had the FBI continued investigating financial crimes at the same rate as it had before the terror attacks, about 2,000 more white-collar criminals would be behind bars," the report concluded. As a result, the agency fielded criticism for failing to crack down on financial crimes ahead of the Great Recession and losing sight of real-estate fraud ahead of the 2008 subprime mortgage crisis.
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  • What's not in question is that government agencies tend to benefit in numerous ways when considered critical to national security as opposed to law enforcement. "If you tie yourself to national security, you get funding and you get exemptions on disclosure cases," said McClanahan. "You get all the wonderful arguments about how if you don't get your way, buildings will blow up and the country will be less safe."
Paul Merrell

What did $7 billion spent on opium eradication in Afghanistan buy? More opium. - CSMoni... - 0 views

  • With the outcome of Afghanistan's controversial presidential election still in doubt, and uncertainty over Afghan forces' ability to stand against the Taliban after most US forces withdraw, it's hard to say with certainty what the US-led war there has accomplished, or failed to accomplish.But one thing is clear, as shown by latest quarterly report from the US Special Inspector General on Afghanistan Reconstruction: The $7 billion US program to eradicate poppy cultivation there over the past decade has been a flop. The country is today the world's largest supplier of opium, the purified latex sap from the Papaver somniferum poppy species that is usually then converted into heroin. It accounts for about three-quarters of the global recreational supply, and surging Afghan production is one reason why street heroin prices have been falling across the globe.
Paul Merrell

Federal watchdogs complain of access woes - POLITICO.com - 0 views

  • A group of 47 official federal agency watchdogs sent a rare joint letter to Congress on Tuesday complaining that management at some agencies has delayed or denied access to government records that the watchdogs believe they are legally entitled to see on demand. In the letter to the bipartisan leadership of major committees across Capitol Hill, the inspectors general complain that the access issues have impeded investigations and threaten the ability of the fraud-waste-and-abuse hunters to do their work. "Refusing, restricting, or delaying an Inspector General’s access to documents leads to incomplete, inaccurate, or significantly delayed findings or recommendations, which in turn may prevent the agency from promptly correcting serious problems and deprive Congress of timely information regarding the agency’s performance," the IGs wrote in their letter (posted here).
  • The letter was made public by Sen. Chuck Grassley (R-Iowa), who said he was troubled by the problems the IGs were facing. "This is an Administration that pledged to be the most transparent in history. Yet, these non-partisan, independent agency watchdogs say they are getting stonewalled.  How are the watchdogs supposed to be able to do their jobs without agency cooperation?" Grassley asked in a statement. "I’ll continue working with the committees of jurisdiction to fix the access problems, through oversight and possibly legislation.” While the signers of Tuesday's letter represent a large majority of IGs, not all the federal watchdogs signed on. At least 21 IGs appear to have passed on joining the letter. Some of those represent small agencies, and a few represent congressional branch agencies that may not face the same kinds of access issues. However, the non-signatories include several large Cabinet agencies.
  • The full list of those who did sign can be viewed here.
Paul Merrell

America Is Guilty if We Don't Prosecute Obama Washington's Blog - 0 views

  • I write both as a Democrat (which Barack Obama merely claims to be, but shows by his actions that he is not) and as an American (which he, unfortunately, actually is, but which Republicans often deny), in the hope of preserving the honor not just of my Country, but of my Party, both of which he violates routinely. When President Obama refused to allow the prosecution of George W. Bush and Dick Cheney for their manifest crimes, after they had been in office (their having lied this country into invading a country that was no imminent threat to the United States, tortured people, violated the 4th Amendment by unleashing the NSA against the American public, unleashed Wall Street crooks against the American people via MBS frauds, etc.), Obama thereby took upon himself Bush’s and Cheney’s crimes, as being his own. Those crimes still need to be prosecuted — now by America prosecuting Obama himself, for his covering them up: he still does it, after all of these years. Those crimes are no less heinous and, indeed, no less treasonous, now that a so-called “Democrat” is hiding them, than they were when his self-acknowledged Republican predecessors, and now in some cases even the fake “Democrat” Obama himself, were and have been and still are perpetrating them.
  • On 11 July 2014, Rebecca Gordon at rinf.com bannered, “America: Where the ‘Good Guys’ Torture,” and she noted that: There are several important reasons why the resurgence of torture remains a possibility in post-Bush America:     Torture did not necessarily end when Obama took office.     We have never had a full accounting of all the torture programs in the “war on terror.”     Not one of the senior government officials responsible for activities that amounted to war crimes has been held accountable, nor were any of the actual torturers ever brought to court. She documented each one of her points, the last two of which are urgent indicators of the necessity for Democrats (yes, Democrats, since Obama claims to be one of us) to bring forth in the U.S. House of Representatives an impeachment resolution and proceedings against the worst “Democratic” President in U.S. history, or else we shall be implicitly accepting his crimes as being unpunished crimes by our Party, in the person of Obama, just like the Republican Party accepts Bush’s and Cheney’s crimes as being unpunished crimes by their Party, in the persons of Bush and Cheney. And, if Obama’s crimes are acceptable by our Party, then our Party is an embarrassment to our country and should be dissolved,
  • However, there are two more reasons why Obama needs to be impeached, removed from office, and then prosecuted for treason: PROTECTING BANKSTERS:
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  • PERPETRATING ETHNIC CLEANSING ABROAD: Finally, just as President Bush defiled the Presidency by unwarrantedly invading Iraq in 2003 and lying through his teeth all the way there and afterward about it, Obama has defiled the Presidency in 2014 by overthrowing the democratically elected President of Ukraine and lying through his teeth all the way and afterward, about that. And Obama’s crime in Ukraine is even worse than Bush’s crime in Iraq, because it’s much more dangerous, with even bigger stakes and risks (all of which are purely downside for both the American and the Ukrainian peoples — much as Bush’s Iraq-invasion also was, for both Americans and Iraqis).
  • DO-OR-DIE TIME FOR DEMOCRATS: If Democrats don’t initiate impeachment proceedings against Obama, then the Democratic Party will be at least as dishonored as the Republican Party is after George W. Bush, for their protecting him; and I, for one, will quit it and urge its replacement, hoping for a leader like Abraham Lincoln to emerge, who had quit the Whig Party and who succeeded at replacing it by the new (and, tragically, only briefly progressive) Republican Party (which tragically then became taken over by northern aristocrats the very moment when Lincoln was assassinated). Either Democrats need to retake our Party, or else to end it, now. We have tolerated Obama’s outrages too long, as it is. For Democrats to retake the Party, requires Democrats to impeach President Obama.
Paul Merrell

The Absolution of Jamie Dimon » CounterPunch: Tells the Facts, Names the Names - 0 views

  • Here are some of the good things JPMorgan has done in recent years.  In 2012 it reduced the compensation of Jamie Dimon, its chairman, president and CEO from $23 million to $11.5 million. That was his punishment for all the bad things the bank acknowledged that it had been doing while under his supervision. The bank acknowledged its sins by paying almost $20 billion in fines and penalties. Included in the $20 billion was $13 billion it agreed to pay in November 2013 that was described in the Wall Street Journal as “the biggest combination of fines and damages extracted by the U.S. government in a civil settlement with any single company.” For a bank the size of JPMorgan to pay $20 billion in fines as penance is a bit like the parishioner entering the confessional and seeking forgiveness from the supervisor of the man on the other side of the partition.  It has no effect on his future conduct. Nonetheless, paying the fines was a good thing since each fine was an act of contrition and those acts are always welcomed by those sitting in judgment on bad actors.   Here, however, are two bad things JPMorgan has been doing since leaving the federal government’s confessional at the end of 2013.
  • t increased Mr. Dimon’s compensation package by 74%, raising it to $20 million as a result of which Jamie’s compensation went from $31,506.84 per day to $54,794.52 per day. Since much of that is in restricted stock he cannot run out and spend it all.  Here is why that was a bad thing for the bank to have done.  It turns out that notwithstanding the $20 billion in penance paid, JPMorgan had discovered yet another way to make money at the expense of its customers.  It did this by ignoring part of the bankruptcy laws.
  • The bankruptcy law notwithstanding, some do.  Jamie Dimon’s bank is one of them. Just as it bundled subprime mortgages it had issued and sold them to investors at great profit to itself, according to a report in the New York Times, JPMorgan and other banks have been selling debts discharged in bankruptcy to outside investors.  Instead of showing that the debt of an individual to the bank has been discharged and is no longer collectible, the bank continues to described the debt as unpaid and that is how it appears on the borrower’s credit report.  If the borrower tries to get credit following a bankruptcy and the credit report does not disclose that the debt cannot be collected, a discharged debtor may be unable to get a new loan or a job or be otherwise adversely affected.  The bank, of course, makes money by selling the discharged debt to investors who are willing to take the chance that the debtor will continue to pay on the debt in order to get it removed from the credit report.
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  • Judge Robert D. Drain, a bankruptcy judge sitting in White Plains, New York, has confronted the issue of discharged debts being sold to investors by banks.  He observed that the buyers of those debts know that a bank “will refuse to correct the credit report to reflect the obligor’s bankruptcy discharge, which means that the debtor will feel significant added pressure to obtain a ‘clean’ report by paying the debt.” In refusing to throw out a lawsuit that has been filed in which the plaintiffs are seeking class action status for their claims against JPMorgan he observed that “the complaint sets forth a cause of action that Chase is using the inaccuracy of its credit reporting on a systematic basis to further its business of selling debts and its buyer’s collection of such debt.”
  • A U.S. Senate report released November 19, 2014, was highly critical of JPMorgan and other banks for, among other things, exceeding federal limits on commodity holdings.  Whether the activities described in the report will result in JPMorgan or any of the other banks paying a fine or Jamie Dimon suffering a salary reduction only time will tell. One thing we know without waiting for events to unfold.  JPMorgan stock is a good investment. The bank is always looking for creative ways to make money.
Paul Merrell

Taliban Control of Afghanistan Highest Since U.S. Invasion - NBC News - 0 views

  • America's 14-year project to defeat the Taliban and build a stable Afghanistan is teetering on the brink of failure, according to a sobering report Friday by a government watchdog. The Taliban controls more of the country than at any time since U.S. troops invaded in 2001, notes the quarterly report to Congress by the Special Inspector General for Afghanistan Reconstruction. The fragile economy is worsening. One of the few bright spots of the troubled reconstruction effort — getting more girls in school — has been tainted by allegations of fraud. "The lack of security has made it almost impossible for many U.S. and even some Afghan officials to get out to manage and inspect U.S.-funded reconstruction projects," wrote John Sopko, the inspector general. The U.S. has spent more than $113 billion on Afghan reconstruction, more in constant dollars than it spend rebuilding Western Europe after World War II under the Marshall Plan. It is on track to spend billions more, but many critics view the Afghan civilian aid effort as a wasteful failure. Sopko has examined a fraction of the spending, but his audits have uncovered $17 billion in questioned costs in just three years, according to a tally by ProPublica, the investigative group.
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    The rational commander would have recognized it was mission impossible and turned it down before the war began. But the U.S. response almost beyond doubt will be to send in reinforcements. 
Paul Merrell

Wells Fargo admits deception in $1.2 billion U.S. mortgage accord - Yahoo Finance - 0 views

  • (Reuters) - Wells Fargo & Co (WFC.N) admitted to deceiving the U.S. government into insuring thousands of risky mortgages, as it formally reached a record $1.2 billion settlement of a U.S. Department of Justice lawsuit. The settlement with Wells Fargo, the largest U.S. mortgage lender and third-largest U.S. bank by assets, was filed on Friday in Manhattan federal court. It also resolves claims against Kurt Lofrano, a former Wells Fargo vice president. According to the settlement, Wells Fargo "admits, acknowledges, and accepts responsibility" for having from 2001 to 2008 falsely certified that many of its home loans qualified for Federal Housing Administration insurance. The San Francisco-based lender also admitted to having from 2002 to 2010 failed to file timely reports on several thousand loans that had material defects or were badly underwritten, a process that Lofrano was responsible for supervising.
  • No one has been criminally charged in the probes, and the Justice Department reserved the right to pursue criminal charges if it wishes, according to the settlement.
Paul Merrell

The Banking Secret that Neither Economists Nor Laypeople Know ... Which Makes the Fatca... - 0 views

  • Who creates money? Most people assume that money is created by governments … or perhaps central banks. In reality – as noted by the Bank of England, Britain’s central bank – 97% of all money in circulation is created by private banks. Bank Loans = Creating Money Out of Thin Air But how do private banks create money? We’ve all been taught that banks first take in deposits, and then they loan out those deposits to folks who want to borrow. But this is a myth …
Paul Merrell

Media Blackout as Israel's Largest Banks Pay Over $1 Billion in Fines for US Tax Evasio... - 2 views

  • Israel’s three largest banks — Hapoalim Bank, Leumi Bank and Mizrahi Tefahot Bank — have all been ordered to pay record fines, which collectively are set to total over $1 billion, to the U.S. government after the banks were found to have actively colluded with thousands of wealthy Americans in massive tax-evasion schemes.
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