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Gary Edwards

Comey has Long History of Cases Ending Favorable to Clintons - Tea Party News - 0 views

www.teaparty.org/ding-favorable-clintons-174947

Clinton Hillary

shared by Gary Edwards on 09 Jul 16 - No Cached
  • Messages found stored on Clinton’s private email server show that Berger – a convicted thief of classified documents – had been advising Clinton while she served as secretary of state and had access to emails containing classified information. For example, in an email dated Sept. 22, 2009, Berger advised Clinton advised how she could leverage information to make Israeli Prime Minister Benjamin Netanyahu more cooperative in discussions with the Obama administration over a settlement freeze.
  • Law firm ties Berger, Lynch, Mills Berger worked as a partner in the Washington law firm Hogan & Hartson from 1973 to 1977, before taking a position as the deputy director of policy planning at the State Department in the Carter administration. When Carter lost his re-election bid, Berger returned to Hogan & Hartson, where he worked until he took leave in 1988 to act as foreign policy adviser in Gov. Michael Dukakis’ presidential campaign. When Dukakis was defeated, Berger returned to Hogan & Hartson until he became foreign policy adviser for Bill Clinton’s presidential campaign in 1992. On March 28, WND reported Lynch was a litigation partner for eight years at Hogan & Hartson, from March 2002 through April 2010. Mills also worked at Hogan & Hartson, for two years, starting in 1990, before she joined then President-elect Bill Clinton’s transition team, on her way to securing a position as White House deputy counsel in the Clinton administration. According to documents Hillary Clinton’s first presidential campaign made public in 2008, Hogan & Hartson’s New York-based partner Howard Topaz was the tax lawyer who filed income tax returns for Bill and Hillary Clinton beginning in 2004. In addition, Hogan & Hartson in Virginia filed a patent trademark request on May 19, 2004, for Denver-based MX Logic Inc., the computer software firm that developed the email encryption system used to manage Clinton’s private email server beginning in July 2013. A tech expert has observed that employees of MX Logic could have had access to all the emails that went through her account.
  • In 1999, President Bill Clinton nominated Lynch for the first of her two terms as U.S. attorney for the Eastern District of New York, a position she held until she joined Hogan & Hartson in March 2002 to become a partner in the firm’s Litigation Practice Group. She left Hogan & Hartson in 2010, after being nominated by President Obama for her second term as U.S. attorney for the Eastern District of New York, a position she held until Obama nominated her to serve in her current position as attorney general. A report published April 8, 2008, by The American Lawyer noted Hogan & Hartson was among Hillary Clinton’s biggest financial supporters in the legal industry during her first presidential campaign. “Firm lawyers and staff have donated nearly $123,400 to her campaign so far, according to campaign contribution data from the Center for Responsive Politics,” Nate Raymond observed in The American Lawyer article. “Christine Varney, a partner in Hogan’s Washington, D.C., office, served as chief counsel to the Clinton-Gore Campaign in 1992.” While there is no evidence that Lynch played a direct role either in the tax work done by the firm for the Clintons or in linking Hillary’s private email server to MX Logic, the ethics of the legal profession hold all partners jointly liable for the actions of other partners in a business. “If Hogan and Hartson previously represented the Clintons on tax matters, it is incumbent upon U.S. Attorney General Loretta Lynch to [disclose] what, if any, role she had in such tax matters,” said Tom Fitton, president of Washington-based Judicial Watch.
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  • HSBC link When Lynch’s nomination as attorney general was considered by the Senate one year ago, as WND reported, the Senate Judiciary Committee examined her role in the Obama administration’s decision not to prosecute the banking giant HSBC for laundering funds for Mexican drug cartels and Middle Eastern terrorists. WND was first to report in a series of articles beginning in 2012 money-laundering charges brought by John Cruz, a former HSBC vice president and relationship manager, based on his more than 1,000 pages of evidence and secret audio recordings. The staff of the Senate Judiciary Committee focused on Cruz’s allegations that Lynch, acting then in her capacity as the U.S. attorney for the Eastern District of New York, engaged in a Department of Justice cover-up. Obama’s attorney general nominee allowed HSBC in December 2011 to enter into a “deferred prosecution” settlement in which the bank agreed to pay a $1.9 billion fine and admit “willful criminal conduct” in exchange for dropping criminal investigations and prosecutions of HSBC directors or employees. Cruz called the $1.92 billion fine the U.S. government imposed on HSBC “a joke” and filed a $10 million lawsuit for “retaliation and wrongful termination.” From 2002 to 2003, Comey held the position of U.S. Attorney for the Southern District of New York, the same position held by Lynch. On March 4, 2013, he joined the HSBC board of directors, agreeing to serve as an independent non-executive director and a member of the bank’s Financial System Vulnerabilities Committee, positions he held until he resigned on Aug. 3, 2013, to become head of the FBI.
  • Comey, Fitzgerald and Valerie Plame On Jan. 1, 2004, the Washington Post reported that after Attorney General John Aschroft recused himself and his staff from any involvement in the investigation of who leaked the name of CIA employee Valerie Plame after journalist Robert Novak named her in print as a CIA operative, Comey assumed the role of acting attorney general for the purposes of the investigation. Comey appointed Patrick J. Fitzgerald, a U.S. attorney in Chicago, to act as special counsel in conducting the inquiry into what became known as “Plamegate.” At the time Comey made the appointment, Fitzgerald was already godfather to one of Comey’s children. On April 13, 2015, co-authoring a USA Today op-ed piece, Plame and her husband, retired ambassador Joseph Wilson, made public their support for Hillary Clinton’s 2016 presidential campaign, openly acknowledging their political closeness to both Hillary and Bill Clinton. The first two paragraphs of the editorial read: We have known Hillary Clinton both professionally and personally for close to 20 years, dating back to before President Bill Clinton’s first trip to Africa in 1998 — a trip that they both acknowledge changed their lives, and gave considerable meaning to their post-White House years and to the activities of the Clinton Foundation. Joe, serving as the National Security Council Senior Director for African Affairs, was instrumental in arranging that historic visit. Our history became entwined with Hillary further after Valerie’s identity as a CIA officer was deliberately exposed. That criminal act was taken in retribution for Joe’s article in The New York Times in which he explained he had discovered no basis for the Bush administration’s justification for the Iraq War that Saddam Hussein was seeking yellowcake uranium to develop a nuclear weapon.
  • In January 2016, Chuck Ross in the Daily Caller reported that Hillary Clinton emails made public made clear that one of her “most frequent favor-seekers when she was secretary of state was former Ambassador Joseph Wilson, a longtime Clinton friend, an endorser of Clinton’s 2008 presidential campaign, and an Africa expert with deep business ties on the continent.” Ross noted that Wilson emailed Clinton on Dec. 22, 2009, seeking help for Symbion Power, an American engineering contractor for whom Wilson consulted, in the company’s bid to pursue a U.S. Agency of International Development contract for work in Afghanistan. In the case of the Afghanistan project, Ross noted, Clinton vouched for Wilson and Symbion as she forwarded the request to Jack Lew, who served then as deputy secretary of state for management and resources. Ross further reported Wilson’s request might also have been discussed with President Obama, as one email indicates. In 2005, Fitzgerald prosecuted Libby, a prominent adviser to then Vice President Dick Cheney, in the Plame investigation, charging him with two counts of perjury, two counts of making false statements to federal prosecutors and one count of obstruction of justice. On March 6, 2007, Libby was convicted of four of the five counts, and on June 5, 2007, was sentenced by U.S. District Judge Reggie B. Walton to two and a half years in federal prison. On April 6, 2015, the Wall Street Journal reported the publication of New York Times reporter Judith Miller’s memoir “The Story: A Reporter’s Journey” exposed “unscrupulous conduct” by Fitzgerald in the 2007 trial of Libby.
  • WSJ reporter Peter Berkowitz noted Miller “writes that Mr. Fitzgerald induced her to give what she now realizes was false testimony.” “By withholding critical information and manipulating her memory as he prepared her to testify, Ms. Miller relates, Mr. Fitzgerald ‘steered’ her ‘in the wrong direction.’” http://www.wnd.com/2016/07/comey-has-long-history-of-clinton-related-cases/
  • Gary Edwards on 09 Jul 16
     
    Bend over and grab your ankles. The rats nest of Clinton operatives in Washington DC is far deeper than anyone ever imagined. "FBI Director James Comey has a long history of involvement in Department of Justice actions that arguably ended up favorable to the Clintons. In 2004, Comey, then serving as a deputy attorney general in the Justice Department, apparently limited the scope of the criminal investigation of Sandy Berger, which left out former Clinton administration officials who may have coordinated with Berger in his removal and destruction of classified records from the National Archives. The documents were relevant to accusations that the Clinton administration was negligent in the build-up to the 9/11 terrorist attack. On Tuesday, Comey announced that despite evidence of "extreme negligence by Hillary Clinton and her top aides regarding the handling of classified information through a private email server, the FBI would not refer criminal charges to Attorney General Loretta Lynch and the Justice Department. Curiously, Berger, Lynch and Cheryl Mills all worked as partners in the Washington law firm Hogan & Hartson, which prepared tax returns for the Clintons and did patent work for a software firm that played a role in the private email server Hillary Clinton used when she was secretary of state. Lynch and Comey both served as U.S. attorney for the Southern District of New York. They crossed paths in the investigation of HSBC bank, which avoided criminal charges in a massive money-laundering scandal for which the bank paid a $1.9 billion fine. After Attorney General John Aschroft recused himself in the Valerie Plame affair in 2004, Comey appointed as special counsel Patrick J. Fitzgerald, who ended up convicting "Scooter" Libby, a top aide to then Vice President Dick Cheney, of perjury and obstruction of justice. The charge affirmed the accusations of Plame and her former ambassador husband, Joe Wilson - both partisan supporters of Bill and
  • Paul Merrell on 10 Jul 16
     
    The "ethical" situation is far worse than described. Attorney disciplinary rules require that a lawyer, including all lawyers in the same firm, owe a lifetime duty of loyalty to a client, a duty that does not end with representation in a particular matter. Accordingly, Lynch had what the disciplinary rules refer to as an "actual conflict of interest" between her duties of loyalty to both Hillary and the U.S. government that required her withdrawal from representing either in the decision whether to prosecute Hillary. Saying that she would rubber stamp what Comey recommended was not the required withdrawal. Comey is an investigator, not a prosecutor. This was a situation for appointment of a special counsel to represent the Department of Justice in the decision whether to prosecute, not satisfied by rubber stamping Comey's recomendation,.
Paul Merrell

Is someone pinching pennies at Guantánamo prison? | Miami Herald - 0 views

www.miamiherald.com/...article38223438.html

war & peace GITMO-detainees mistreatment

shared by Paul Merrell on 10 Oct 15 - No Cached
  • Could the people at the Most Expensive Prison on Earth be pinching pennies?
  • Attorneys for the last 114 captives at the U.S. Navy base at Guantánamo Bay, Cuba, say they have been increasingly providing their clients with everything from T-shirts and socks and shoes to shampoo and vitamins to fill a long-term, unexplained need at the war on terror prison.Lawyers who have visited the prison as recently as this month say the captives’ U.S. military issue uniforms are faded, torn or tattered and their shoes have holes. In other instances, detainees tell their lawyers, personal hygiene supplies are cheap and simply don’t do the job. A case-in-point: When attorney Ramzi Kassem met detainee Shaker Aamer to share the news that the long-held Saudi prisoner was approved for transfer to Britain after Oct. 24, the captive was brought to their meeting in prison-issue canvas shoes held together by duct tape.
  • “Stuff’s just not getting replaced,” said attorney George Clarke who in late September spent about $300 on slip-on canvas shoes, plastic sandals, T-shirts and towels for his two detainee clients — both approved for repatriation, if the political situation improves in Yemen. “They say the stuff they get is crap. Or they’re not getting it.”Recently, he said, the detention center staff has been more accepting of contributions from the attorneys, suggesting prison commanders are confronted with a cash crunch or have realized they can pass along costs of basics to the private sector.
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  • At the prison, a spokesman declined to say whether the raggedy clothing reflected a new policy or budget cutbacks but dismissed a question on whether there was a supply issue. Detainee provisions “have not changed,” Navy Capt. Christopher Scholl said tersely by email. The prison would not provide a list of what constitutes basic issue prisoner provisions these days. Nor would Scholl address a question about whether the quality of prison-issue items had degraded.
  • The International Committee of the Red Cross would not say whether delegates have raised the issue in confidential talks with the prison commander. The Miami Herald spoke, separately, with 12 attorneys who have met captives in recent months and describe detainees showing up at legal meetings looking disheveled and needing replacement footwear or clothes. The attorneys say the appearance is noteworthy because through the years all but mentally ill captives have tried to tidy up for their legal meetings.“They’re looking pretty threadbare,” attorney Cori Crider of the nonprofit Reprieve legal defense group said from the U.S. Navy base Tuesday after she bought shampoo and socks for one prisoner. “It’s an escalating complaint that people are being left in rags.”The lawyers quote their clients as saying some supplies have disappeared entirely at the prison, which boasts Muslim sensitivity and humane treatment. Some just aren’t replaced frequently enough, they claim.
  • Into this vacuum attorneys who represent the detainees at no charge have for about nine months routinely spent hundreds of dollars on each trip to buy their clients basic provisions at the base commissary, the Navy Exchange, or NEX.In March, Chicago attorney Patricia Bronte, a solo practitioner, spent $136.25 on shoes and Gold Toe socks for her two Yemeni clients. She left them with a prison lawyer, who got them to the clients after she left the base — something she knows because she got thank-you notes via the prison’s legal mail system.
  • “I have noticed that sometimes the client appears at the meetings with shoes that look pretty beaten up. So I went to the NEX and I bought shoes and socks.” Also $6.12 in toothbrushes and toothpaste, according to her commissary receipt.“Understand, I’m not complaining. I don’t mind buying my clients shoes to improve their conditions,” she said. “It’s the gall of this country. To detain these guys for little or no reason for 14 years and not provide them with shoes is offensive.”
  • Prison officials had already stopped spending taxpayers’ money on books, videos and electronic games for the detainee diversion program, according to media visits in the past year, leaving it to the Red Cross and lawyers to donate to the Detainee Library. Kassem, the attorney, said his clients quoted guards and other prison staff as blaming budget cuts at the prison where the Pentagon maintains a 2,000-plus staff for 114 captives and has spent more than $5 billion. “Sometimes it’s a problem of poor toiletries — soap that doesn’t lather, toothpaste that doesn’t froth, deodorant that doesn’t prevent body odor,” said Kassem, a professor at the City University of New York School of Law whose legal clinic represents five Guantánamo detainees. Captives he sees in the prison’s iconic orange prison uniform are wearing old, torn and much less orange jumpsuits, he said.The prisoners are perplexed, Kassem said. “They’ve heard how much it costs per prisoner. They wonder, where’s all the money?”“Somebody’s pinching pennies, it seems,” he said, describing the prison-issue footwear on Aamer, the next detainee to be released, as “Oliver Twist tattered” despite repeated pleas for a replacement pair.
  • Over at the secret prison for former long-held CIA captives, Camp 7, the detainees are taking vitamin D furnished by defense attorneys Cheryl Bormann and Air Force Capt. Michael Schwartz.Walid bin Attash spent years without exposure to sunlight in a so-called CIA black site before he got to Camp 7 in 2006. Now, he’s told his lawyers, his medical record shows a severe vitamin D deficiency. He asked his defense team for a halal version of the supplement, which the prison doesn’t provide. One attorney, who asked not to be identified, quoted a prison medical officer as telling detainees “there’s no money for that.”So bin Attash’s lawyers ordered kosher vitamin D — no forbidden products in those gel caps — and gave it to the military staff attorney assigned to Camp 7. The prison’s medical officer has apparently doled them out to other former CIA black site captives because bin Attash needs a resupply sooner than a one-a-day distribution would require, Bormann said.“We’ve been having to purchase vitamin D for our client,” said Bormann, a criminal defense attorney with death-penalty experience. “It’s crazy.” At a civilian prison, she said, the lawyers wouldn’t have to buy and furnish it. They’d go to a federal or state judge, who would order the prison to provide it.
  • Lists of purchases provided by more than a dozen attorneys include toothbrushes, toothpaste, bar soap, shampoo, deodorant, slip-on sandals that double as slippers, white socks, white T-shirts, towels, no-lace sneakers, canvas slip-on shoes, pillows, books, individual DVD players, video games and audio tapes. Those reached the clients after a guard inspection — as did tahini, ginger, allspice, mint oil, mint tea, ginger tea, Nesquik, olive oil, ground cloves, henna and almonds, around Ramadan. Lawyers also said they have submitted other items that were rejected — notably black socks, hairbrushes, combs and aftershave (probably for its taboo alcohol content).
Paul Merrell

Homan Square revealed: how Chicago police 'disappeared' 7,000 people | US news | The Gu... - 0 views

www.theguardian.com/...o-police-disappeared-thousands

police Chicago-PD Homan stats

shared by Paul Merrell on 20 Oct 15 - No Cached
  • Police “disappeared” more than 7,000 people at an off-the-books interrogation warehouse in Chicago, nearly twice as many detentions as previously disclosed, the Guardian can now reveal.
  • From August 2004 to June 2015, nearly 6,000 of those held at the facility were black, which represents more than twice the proportion of the city’s population. But only 68 of those held were allowed access to attorneys or a public notice of their whereabouts, internal police records show. The new disclosures, the result of an ongoing Guardian transparency lawsuit and investigation, provide the most detailed, full-scale portrait yet of the truth about Homan Square, a secretive facility that Chicago police have described as little more than a low-level narcotics crime outpost where the mayor has said police “follow all the rules”. The police portrayals contrast sharply with those of Homan Square detainees and their lawyers, who insist that “if this could happen to someone, it could happen to anyone”. A 30-year-old man named Jose, for example, was one of the few detainees with an attorney present when he surrendered to police. He said officers at the warehouse questioned him even after his lawyer specifically told them he would not speak.
  • “The Fillmore and Homan boys,” Jose said, referring to police and the facility’s cross streets, “don’t play by the rules.” According to an analysis of data disclosed to the Guardian in late September, police allowed lawyers access to Homan Square for only 0.94% of the 7,185 arrests logged over nearly 11 years. That percentage aligns with Chicago police’s broader practice of providing minimal access to attorneys during the crucial early interrogation stage, when an arrestee’s constitutional rights against self-incrimination are most vulnerable. But Homan Square is unlike Chicago police precinct houses, according to lawyers who described a “find-your-client game” and experts who reviewed data from the latest tranche of arrestee records obtained by the Guardian.
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  • The narcotics, vice and anti-gang units operating out of Homan Square, on Chicago’s west side, take arrestees to the nondescript warehouse from all over the city: police data obtained by the Guardian and mapped against the city grid show that 53% of disclosed arrestees come from more than 2.5 miles away from the warehouse. No contemporaneous public record of someone’s presence at Homan Square is known to exist. Nor are any booking records generated at Homan Square, as confirmed by a sworn deposition of a police researcher in late September, further preventing relatives or attorneys from finding someone taken there.
  • But those documents do not tell the entire story of Homan Square. Chicago police have not disclosed any figures at all on people who were detained at Homan Square but never ultimately charged. Nor has it released any information about detentions or arrests before September 2004, claiming that information is burdensome to produce because it is not digital. (Chicago purchased the warehouse in 1995.) “It’s hard to believe that 7,185 arrests is an accurate number of arrestees at Homan Square,” said the University of Chicago’s Futterman. “Even if it were true that less than 1% of Homan arrestees were given access to counsel, that would be abhorrent in and of itself.”
  • 11.8% of detainees in the Homan Square logs were Hispanic, compared with 28.9% of the population. 5.5% of the detainees were white, compared with 31.7% of the population. Of the 68 people who Chicago police claim had access to counsel at Homan Square, however, 45% were black, 26% were Hispanic and another 26% were white.
  • Twenty-two people have told the Guardian that Chicago police kept them at Homan Square for hours and even days. They describe pressure from officers to become informants, and all but two – both white – have said the police denied them phone calls to alert relatives or attorneys of their whereabouts. Their accounts point to violations of police directives, which say police must “complete the booking process” regardless of their interest in interrogating a suspect and must also “allow the arrestee to make a reasonable number of telephone calls to an attorney, family member or friend”, usually within “the first hour” of detention. The most recent disclosure of Homan Square data provides the scale behind those accounts: the demographic trends within the 7,185 disclosed arrests at the warehouse are now far more vast than what the Guardian reported in August after launching the transparency lawsuit – but are consistently disproportionate in terms of race and constitutional access to legal counsel. 82.2% of people detained at Homan Square were black, compared with 32.9% of the Chicago population.
  • Despite the lack of booking and minimal attorney access at Homan Square, it is not a facility for detaining and interrogating the most violent of Chicago’s criminals. Drug possession charges were eventually levied in 5,386 of the disclosed Homan Square arrests, or 74.9%; heroin accounted for 35.4% of those, with marijuana next at 22.3%. The facility’s use by police has intensified in recent years. Nearly 65% of documented Homan Square arrests since August 2004 took place in the five years since Rahm Emanuel, formerly Barack Obama’s top aide, became mayor. (The Guardian has filed a Foia request with Emanuel’s office to disclose the extent of its involvement in Homan Square.) The 68 documented attorney visits are actually slightly higher, statistically speaking, than the extremely minimal legal access Chicago police provide suspects in custody during the initial stages of their arrest. The 2014 citywide total at declared police stations, according to First Defense Legal Aid, was 0.3%. On face value, the lawyer visit rate at Homan Square, according to the newly disclosed documents, was 0.9% over nearly 11 years.
  • Chicago attorneys say they are not routinely turned away from police precinct houses, as they are at Homan Square. The warehouse is also unique in not generating public records of someone’s detention there, permitting police to effectively hide detainees from their attorneys. “Try finding a phone number for Homan to see if anyone’s there. You can’t, ever,” said Gaeger. “If you’re laboring under the assumption that your client’s at Homan, there really isn’t much you can do as a lawyer. You’re shut out. It’s guarded like a military installation.”
  • “Often,” Futterman continued, “prisoners aren’t entered into the central booking system until they’re being processed – which doesn’t occur at Homan Square. They’re supposed to begin that processing right away, under CPD procedures, and at Homan Square the reality is, that isn’t happening or is happening sporadically and inconsistently, which leads to the whole find-your-client game.”
  • According to police, when they took a woman the Guardian will identify as Chevoughn to Homan Square in May 2007 regarding a theft, they allowed her attorney to see her. Chevoughn says that never happened. “I was there a very long time, maybe eight to 10 hours,” said Chevoughn, who remembered being “petrified”, particularly as police questioned her in what she calls a “cage”. “I went to Harrison and Kedzie,” Chevoughn said, referring to the cross streets of central booking. “That’s where I slept. It’s where they did fingerprinting, all that crap. That’s when my attorney came.”
  • Police arrested another man, whom the Guardian will call Anthony, in 2006 on charges of starting a garbage fire, and moved him to Homan Square. Police identified him as receiving an attorney there. But Anthony told the Guardian: “That’s not true.”
  • Paul Merrell on 20 Oct 15
     
    It's good to see The Guardian following through on this story.
Paul Merrell

Has the NSA Wiretapping Violated Attorney-Client Privilege? | The Nation - 0 views

www.thenation.com/...ated-attorney-client-privilege

surveillance state NSA-targets attorney-client-privilege must-read

shared by Paul Merrell on 05 Feb 14 - No Cached
  • The first time Adis Medunjanin tried to call Robert C. Gottlieb in mid-2009, Gottlieb was out of the office. Medunjanin was agitated. He had to speak to an attorney. Gottlieb’s assistant told him Gottlieb would be back soon. When Medunjanin spoke to the lawyer a little later, he was told he might need legal representation. He thought he might be under investigation. Over the next six months and in forty-two phone calls, Medunjanin sought legal advice from Gottlieb. When he was arrested in January 2010 on charges that he tried to bomb the New York subway, it was Gottlieb who defended him, receiving security clearance to review government documents pertinent to the case in the process. Gottlieb was preparing Medunjanin’s defense when a federal officer in charge of information distribution e-mailed him that there was new classified information he needed to review at the US Eastern District Court in Brooklyn. “I went over to the Brooklyn Federal courthouse, went up to the secured room, gained entry with the secret security codes, opened the file cabinet that is also secure and in the second drawer was a CD,” Gottlieb told me. On that CD were recordings of every single one of his forty-two phone calls with Medunjanin before he was taken into custody and indicted on January 7, 2010.
  • Such calls are normally sacrosanct under the principle of attorney-client privilege, the ability to speak confidentially with your lawyer. But a leak to The Guardian last summer of National Security Agency (NSA) procedures that are supposed to protect privileged calls showed that some attorney-client privileged calls are not subject to internal rules that detail the instances when a wiretap should be turned off. A later version of the procedures declassified by the NSA last August contains the same language. These “minimization” procedures, as they are known, are the rules and regulations for wiretaps under the Foreign Intelligence Surveillance Act (FISA). They tell NSA agents when they can listen, and when they have to turn the tap off, when they can record and when they should not be recording. There are rules for which kinds of communications can be monitored—for example, domestic communications are off limits, although communications from agents of foreign powers and suspected terrorists don’t count as domestic—and there is a section that provides for the protection of attorney-client calls.
  • Section four of the declassified 2011 guidelines is the part of that document that governs wiretapping attorney-client calls. At first glance, it seems quite clear: when the agent realizes that he or she is monitoring an attorney-client communication, “monitoring of that communication will cease and the communication will be identified as an attorney-client communication in a log maintained for that purpose.” But given a second reading, section four doesn’t apply to all attorney-client calls. It provides only for the minimization (and protection) of the calls of “a person who is known to be under criminal indictment in the United States”—someone who has already been charged under US law. This is because indicted persons have a Sixth Amendment right to counsel. People who aren’t indicted don’t have this right, and so their calls are not minimized. When I asked an NSA press officer, Vanee’ M. Vines, how attorney-client privilege was protected, she referred me to the Department of Justice. I left several messages, but the DOJ never contacted me back.
Gary Edwards

Liberal Activists Worked With AGs to Target Conservatives - 0 views

dailysignal.com/...th-ags-to-target-conservatives

shared by Gary Edwards on 07 May 16 - No Cached
  • violate “constitutionally protected rights of freedom of speech, freedom from unreasonable searches and seizures, and due process of law and constitute the common law tort of abuse of process.”
  • ExxonMobil also alleges that Walker’s delegation of his prosecutorial power to a private law firm “likely on a contingency-fee basis” violates basic “due process of law and fundamental fairness,” particularly because that same law firm has “pursued a bitterly contested and contentious litigation in an unrelated lawsuit against ExxonMobil … which could result in a substantial fee award if Cohen Milstein’s client were to prevail.”
  • That raises “substantial doubts about whether that firm should be permitted to serve as the ‘disinterested prosecutor’ whose impartiality is demanded by law and expected by the public.”
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  • ExxonMobil asks the Texas court to declare that the “issuance and mailing of the subpoena” violates various provisions of the U.S. Constitution, federal law, and the Texas Constitution.
  • . According to The Washington Free Beacon, “a small coalition of prominent climate change activists and political operatives” met on Jan. 8 in a closed door meeting at the Rockefeller Family Fund in Manhattan. Their agenda: taking down oil giant ExxonMobil through a coordinated campaign of legal action, divestment efforts, and political pressure.”
  • A copy of the agenda from that meeting states that two of the common goals of these activists are to “establish in public’s mind [sic.] that Exxon is a corrupt institution that has pushed humanity (and all creation) toward climate chaos and grave harm” and to “delegitimize them as a political actor.” Part of the discussion of their grand strategy was how to include “industry associations, scientists and front groups” in their targeting. And at the top of their list for “legal actions & related campaigns” was state “AGs.”
  • That last goal was apparently put into action. According to Fox News, a series of emails obtained by the Energy & Environmental Legal Institute showed communications between some of these same anti-fossil fuel activists and the attorneys general that are part of this “Green” coalition against climate change dissenters.
  • Some of them secretly briefed state attorneys general before their March press conference on arguments they could present to justify “climate change litigation” and the “imperative of taking action now.” The attorneys general and their staff tried to hide this discussion and coordination with the activists by “using a ‘Common Interest Agreement’… [that] sought to protect as privileged the discussions about defending President Obama’s controversial global warming rules, and going after political opponents using the Racketeer Influenced and Corrupt Organizations Act.”
  • Some state attorneys general have criticized the dangerous and misguided efforts of their inquisitorial peers. As Louisiana Attorney General Jeff Landry correctly states, they are using “prosecutorial weapons to intimidate critics, silence free speech, or chill the robust exchange of ideas” about a public policy issue. And it is just as malevolent as the burning of books in the society depicted by Bradbury in “Fahrenheit 451.”
  • Gary Edwards on 07 May 16
     
    "In Ray Bradbury's classic dystopian novel, "Fahrenheit 451," a future society criminalizes the possession of books and burns them in order to suppress any dissenting ideas, opinions, and views. Today, we have state attorneys general trying to implement their own version of "Fahrenheit 451" to criminalize dissent over a disputed, unproven scientific theory: man-induced climate change. Recently, the attorney general of the Virgin Islands, Claude Walker, unleashed a subpoena on the Competitive Enterprise Institute seeking 10 years' worth of research and communications about climate change. It turns out that same Grand Inquisitor, Claude Walker, has hit ExxonMobil with a similar subpoena that seeks all of that company's communications, conversations, and correspondence with 88 conservative and libertarian think tanks, foundations, and universities, and 54 individual researchers, scientists, and writers."
Paul Merrell

Court Rebukes White House Over "Secret Law" - Secrecy News - 1 views

blogs.fas.org/...ppd-secret-law

Obama Obama-administration transparency government secrecy FOIA litigation

shared by Paul Merrell on 18 Dec 13 - No Cached
  • DC District Judge Ellen Segal Huvelle yesterday ordered the Obama Administration to release a copy of an unclassified presidential directive, and she said the attempt to withhold it represented an improper exercise of “secret law.” The Obama White House has a “limitless” view of its authority to withhold presidential communications from the public, she wrote, but that view is wrong. “The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight– to engage in what is in effect governance by ‘secret law’,” Judge Huvelle wrote in her December 17 opinion. “The Court finds equally troubling the government’s complementary suggestion that ‘effective’ governance requires that a President’s substantive and non-classified directives to Executive Branch agencies remain concealed from public scrutiny,” she wrote.
  • The directive in question, Presidential Policy Directive (PPD) 6, “is a widely-publicized, non-classified Presidential Policy Directive on issues of foreign aid and development that has been distributed broadly within the Executive Branch and used by recipient agencies to guide decision-making,” the Judge noted. “Even though issued as a directive, the PPD-6 carries the force of law as policy guidance to be implemented by recipient agencies, and it is the functional equivalent of an Executive Order.” “Never before has a court had to consider whether the [presidential communications] privilege protects from disclosure under FOIA a final, non-classified, presidential directive.”
  • Several significant points emerge from this episode. First, President Obama’s declared commitment to “creating an unprecedented level of openness in Government” has not been internalized even by the President’s own staff. This latest case of “unbounded” secrecy cannot be blamed on the CIA or an overzealous Justice Department attorney. It is entirely an Obama White House production, based on a White House policy choice. Second, and relatedly, it has proved to be an error to expect the executive branch to unilaterally impose transparency on itself. To do so is to ignore, or to wish away, the Administration’s own conflicting interests in secrecy and disclosure.  Instead, it is the role of the other branches of government to check the executive and to compel appropriate disclosure.
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  • Significantly, Judge Huvelle insisted on examining the document herself in camera instead of simply relying on the Administration’s characterization of the document.  Having done so, she found that it “is not ‘revelatory of the President’s deliberations’ such that its public disclosure would undermine future decision-making.” She criticized the government for “the unbounded nature” of its claim. “In the government’s view, it can shield from disclosure under FOIA any presidential communication, even those — like the PPD-6 — that carry the force of law, simply because the communication originated with the President…. The Court rejects the government’s limitless approach….”
  • An official Fact Sheet on PPD-6 (which has not yet been released) is available here. The Electronic Privacy Information Center is currently pursuing release of another presidential directive, the Bush Administration’s NSPD-54 on cyber security. In October, Judge Beryl Howell unexpectedly ruled that that directive was exempt from disclosure because, she said, it was not an “agency record” that would be subject to the FOIA.  Her opinion came as a surprise and was not persuasive to everyone. In a footnote in yesterday’s ruling, Judge Huvelle said that the arguments over the two directives were sufficiently distinguishable that “this Court need not decide if it will follow Judge Howell’s rationale”– suggesting that if pressed, she might not have done so.  Yesterday, EPIC filed a notice of its intent to appeal the decision.
  • DC District Judge Ellen Segal Huvelle yesterday ordered the Obama Administration to release a copy of an unclassified presidential directive, and she said the attempt to withhold it represented an improper exercise of “secret law.” The Obama White House has a “limitless” view of its authority to withhold presidential communications from the public, she wrote, but that view is wrong. “The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight– to engage in what is in effect governance by ‘secret law’,” Judge Huvelle wrote in her December 17 opinion. “The Court finds equally troubling the government’s complementary suggestion that ‘effective’ governance requires that a President’s substantive and non-classified directives to Executive Branch agencies remain concealed from public scrutiny,” she wrote.
  • Paul Merrell on 18 Dec 13
     
    Outrageous. I read the court's opinion. This happened only because: [i] federal judges are reluctant to impose sanctions on government attorneys; and [ii] government attorneys know that. In all my years of legal practice, I read only one court opinion where an assistant U.S. attorney was sanctioned and instead of the normal sanction of paying the other side's attorney fees and expenses of litigation, the judge just awarded a $500 sanction. That is also why litigating against the Feds is such a chore; you spend half your time shooting down blatantly implausible arguments. That's far less of a problem when facing attorneys who are in private practice. But so much for Obama's "transparency" platform; this was the result of the Obama Administration itself asserting a preposterous privilege claim supported only by ridiculous arguments, no more than a delaying action.  
Paul Merrell

The disappeared: Chicago police detain Americans at abuse-laden 'black site' | US news ... - 0 views

www.theguardian.com/...ce-detain-americans-black-site

police-militarization Chicago-PD black-sites Homan tyranny civil-liberties

shared by Paul Merrell on 27 Feb 15 - No Cached
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
  • ...7 more annotations...
  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • Brian Jacob Church, a protester known as one of the “Nato Three”, was held and questioned at Homan Square in 2012 following a police raid. Officers restrained Church for the better part of a day, denying him access to an attorney, before sending him to a nearby police station to be booked and charged.
  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • “Homan Square is definitely an unusual place,” Church told the Guardian on Friday. “It brings to mind the interrogation facilities they use in the Middle East. The CIA calls them black sites. It’s a domestic black site. When you go in, no one knows what’s happened to you.”
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution. “This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution.
Paul Merrell

Jamie Dimon's $13 Billion Secret | The Nation - 0 views

m.thenation.com/...jamie-dimons-13-billion-secret

financial-collapse banksters fraud litigation settlement JPMorgan

shared by Paul Merrell on 23 Aug 14 - No Cached
  • In the end, the abject fear of Ben Wagner got Jamie Dimon to cave.For much of 2013, Dimon, the chairman and chief executive of the formidable JPMorgan Chase & Company, was telling anyone who would listen that it was unfair and unjust for federal and state prosecutors to blame him and his bank for the manufacture and sale of mortgage-backed securities that occurred at Bear Stearns & Company and at Washington Mutual in the years leading up to the financial crisis. When JPMorgan Chase bought those two failing firms in 2008, Dimon argued, he was just doing what Ben Bernanke, Hank Paulson and Timothy Geithner had asked him to do. Why should his bank be held financially accountable for the bad behavior at Bear and WaMu?It was a clever argument—and wrong. Dimon's relentless effort to spin his patriotic story soon collided with the fact that Wagner, the US Attorney for the Eastern District of California, had uncovered evidence that JPMorgan itself was guilty of many of the same greedy and irresponsible behaviors. Piles of subpoenaed documents and e-mails revealed that JPMorgan bankers and traders had underwritten billions of dollars' worth of questionable mortgage-backed securities that Dimon had been telling everyone had originated at Bear Stearns and WaMu. Worse, the bad behavior had occurred on Dimon's watch.
  • The likelihood that the Justice Department would file Wagner's civil complaint last fall—exposing publicly for the first time the litany of wrongdoing at JPMorgan and threatening to push it off the perch that Dimon had so artfully constructed for it over the years—ultimately brought Dimon to the table. On September 26, just weeks after the Justice Department shared a draft copy of Wagner's complaint with Dimon, the two sides arranged for a summit meeting between Dimon and Attorney General Eric Holder. By mid-November, the bank had agreed to pay $13 billion in a comprehensive settlement of mortgage-related securities claims with various branches of the federal government and a group of states, led by the attorneys general of New York, California, Illinois, Massachusetts and Delaware.It was the largest financial settlement of all time, and it kept Wagner's complaint away from the prying eyes of the public. One thing is clear: Dimon's claim that his own bankers and traders had done nothing wrong in the years leading up to the financial crisis wasn't true. "The investigators and the lawyers were uncovering very viable evidence," explains Associate Attorney General Tony West, who headed up the settlement negotiations on behalf of the Justice Department. "I think there was recognition that we had enough evidence there that would support the complaint and would support a robust lawsuit."
  • [A disclosure of my own: after JPMorgan Chase fired me as a managing director in January 2004, I brought—and lost—a wrongful-dismissal arbitration against the bank. Separately, I remain in litigation with the bank as the result of a soured investment I made in 1999.]
  • ...1 more annotation...
  • Dimon was more circumspect. In a conference call the day the settlement was announced, he mostly kept quiet while Marianne Lake, the firm's CFO, led financial analysts through the details, including how $7 billion of the $13 billion fine would be tax-deductible.
  • Paul Merrell on 23 Aug 14
     
    In a Matt Taibbi-quality lengthy report, William Cohan takes the reader inside the lengthy negotiations of JPMorgan's $13 billion settlement with state and federal prosecutors. JPMorgan admitted to criminal wrongdoing, and the settlement does not include immunity from criminal prosecution for anybody. But the author notes that there is not even a hint that anyone is working on criminal charges. There's a lot of discussion of dissension within the ranks of different state and federal attorneys involved. The article paints Ben Wagner, the US Attorney for the Eastern District of California, as the hero.  In my book, no one involved deserves hero status because no criminal charges have been filed against any JPMorgan managers or board members, hence there is still no incentive for any of the fraudsters who brought down the economy in 2008 to behave differently in the future. JPMorgan emains not too big to fail but too politically connected for its principals to be jailed. According to the article, the government lawyers had iron-clad proof that a group of JPMorgan managing directors had been informed that pools of mortages they were planning to buy were toxic but "buy two of the loan pools anyway, including those with the squirrelly mortgages. JPMorgan then proceeded to bundle "hundreds of millions of dollars of loans from those pools into one security." Wagner found that between the start of 2006 and the middle of 2007-when the mortgage securitization frenzy was at its peak-JPMorgan packaged and sold securities containing thousands of mortgages that were rated by a third-party evaluator to be of extremely low quality, meeting few, if any, of the bank's underwriting standards." If true, that is very serious fraud deserving of the directors' prosecution for criminal fraud and lengthy prison sentences.   The article touches on A.G. Holder's too big to jail argument but that argument, in my opinion, deserves no credibility before antitrust actions are filed to c
Gary Edwards

Major Banksters, Governmental Officials and Their Comrade Capitalists Targets of Spire ... - 0 views

www.marketwatch.com/...ted-states-treasury-2012-10-25

Banksters Federal-Reserve-Bankster-Cartel

shared by Gary Edwards on 02 Nov 12 - No Cached
  • Gary Edwards on 02 Nov 12
     
    "NEW YORK, Oct. 25, 2012 /PRNewswire via COMTEX/ -- Spire Law Group, LLP's national home owners' lawsuit, pending in the venue where the "Banksters" control their $43 trillion racketeering scheme (New York) - known as the largest money laundering and racketeering lawsuit in United States History and identifying $43 trillion ($43,000,000,000,000.00) of laundered money by the "Banksters" and their U.S. racketeering partners and joint venturers - now pinpoints the identities of the key racketeering partners of the "Banksters" located in the highest offices of government and acting for their own self-interests. In connection with the federal lawsuit now impending in the United States District Court in Brooklyn, New York (Case No. 12-cv-04269-JBW-RML) - involving, among other things, a request that the District Court enjoin all mortgage foreclosures by the Banksters nationwide, unless and until the entire $43 trillion is repaid to a court-appointed receiver - Plaintiffs now establish the location of the $43 trillion ($43,000,000,000,000.00) of laundered money in a racketeering enterprise participated in by the following individuals (without limitation): Attorney General Holder acting in his individual capacity, Assistant Attorney General Tony West, the brother in law of Defendant California Attorney General Kamala Harris (both acting in their individual capacities), Jon Corzine (former New Jersey Governor), Robert Rubin (former Treasury Secretary and Bankster), Timothy Geitner, Treasury Secretary (acting in his individual capacity), Vikram Pandit (recently resigned and disgraced Chairman of the Board of Citigroup), Valerie Jarrett (a Senior White House Advisor), Anita Dunn (a former "communications director" for the Obama Administration), Robert Bauer (husband of Anita Dunn and Chief Legal Counsel for the Obama Re-election Campaign), as well as the "Banksters" themselves, and their affiliates and conduits. The lawsuit alleges serial violations of the United States Patri
  • Gary Edwards on 02 Nov 12
     
    This is the first time anyone has tried to go after the Bankster class of midievil (mediæval) elites to recover theft of funds. Charges include racketeering, fraud and international money laundering. The mass tort action is now in the Brooklyn Federal Courts. Dead bodies are starting to show up as the Banksters move to shut down press coverage. Amazing stuff.
Gary Edwards

'Clinton death list': 33 spine-tingling cases - 0 views

www.wnd.com/...-list-33-most-intriguing-cases

Clinton-Body-Count

shared by Gary Edwards on 05 Feb 17 - No Cached
  • Gary Edwards on 05 Feb 17
     
    "(Editor's note: This list was originally published in August 2016 and has gone viral on the web. WND is running it again as American voters cast their ballots for the nation's next president on Election Day.) How many people do you personally know who have died mysteriously? How about in plane crashes or car wrecks? Bizarre suicides? People beaten to death or murdered in a hail of bullets? And what about violent freak accidents - like separate mountain biking and skiing collisions in Aspen, Colorado? Or barbells crushing a person's throat? Bill and Hillary Clinton attend a funeral Apparently, if you're Bill or Hillary Clinton, the answer to that question is at least 33 - and possibly many more. Talk-radio star Rush Limbaugh addressed the issue of the "Clinton body count" during an August show. "I swear, I could swear I saw these stories back in 1992, back in 1993, 1994," Limbaugh said. He cited a report from Rachel Alexander at Townhall.com titled, "Clinton body count or left-wing conspiracy? Three with ties to DNC mysteriously die." Limbaugh said he recalled Ted Koppel, then-anchor of ABC News' "Nightline," routinely having discussions on the issue following the July 20, 1993, death of White House Deputy Counsel Vince Foster. In fact, Limbaugh said, he appeared on Koppel's show. "One of the things I said was, 'Who knows what happened here? But let me ask you a question.' I said, 'Ted, how many people do you know in your life who've been murdered? Ted, how many people do you know in your life that have died under suspicious circumstances?' "Of course, the answer is zilch, zero, nada, none, very few," Limbaugh chuckled. "Ask the Clintons that question. And it's a significant number. It's a lot of people that they know who have died, who've been murdered. "And the same question here from Rachel Alexander. It's amazing the cycle that exists with the Clintons. [Citing Townhall]: 'What it
Gary Edwards

Obama Changed His Name in Canada? - YouTube - 1 views

www.youtube.com/watch

Birther Obama-birther Stephen-Pidgeon YouTube

shared by Gary Edwards on 02 Jul 12 - No Cached
  • Gary Edwards on 02 Jul 12
     
    Unbelievable!  Interview with attorney Stephen Pidgeon. Attorney Pidgeon claims he found a record for a name change from "Barak Mounir Ubayd" to "Barack Hussein Obama" on October 14th, 1982 in Skookumchuck, British Columbia. Also argues that Obama's real father is Malcolm X, and that Obama did not attend Columbia University.  Instead, Obama spent those years in Moscow at the Patrice Mumbumba School of Marxism.  And yes, Atty Pidgeon backs up his claims with some very interesting evidence.  Attorney Pidgeon also discusses his new book titled "The Obama Error" which can be purchased here. The interview aired 6/3/2011 on TruNews Radio. - http://obamareleaseyourrecords.blogspot.com/2011/06/attorney-stephen-pidgeon-...
Paul Merrell

FBI Investigating Clinton Foundation Corruption DoJ Objections - 0 views

www.mintpressnews.com/...219426

Auction 2016 Hillary Clinton-Foundation FBI criminal-investigation

shared by Paul Merrell on 12 Aug 16 - No Cached
  • Having detailed Clinton-appointee Loretta Lynch’s DoJ push-back against the FBI’s Clinton Foundation probe, it seems Director Comey has decided to flex his own muscles and save face as DailyCaller reports, multiple FBI investigations are underway involving potential corruption charges against the Clinton Foundation, according to a former senior law enforcement official.
  • However, as DailyCaller reports, The FBI is undertaking multiple investigations involving potential corruption changes against The Clinton Foundation… The investigation centers on New York City where the Clinton Foundation has its main offices, according to the former official who has direct knowledge of the activities. Prosecutorial support will come from various U.S. Attorneys Offices — a major departure from other centralized FBI investigations. The New York-based probe is being led by Preet Bharara, the U.S. attorney for the Southern District of New York.  The official said involvement of the U.S. Attorney’s Office in the Southern District of New York “would be seen by agents as a positive development as prosecutors there are generally thought to be more aggressive than the career lawyers within the DOJ.” … The former official said the investigation is being coordinated between bureau field offices and FBI managers at headquarters in Washington, D.C. The unusual process would ensure senior FBI supervisors, including Director James Comey, would be kept abreast of case progress and of significant developments. The reliance on U.S. attorneys would be a significant departure from the centralized manner in which the FBI managed the investigation of former Secretary of State Hillary Clinton’s use of a private server and email addresses. That investigation was conducted with agents at FBI headquarters, who coordinated with the Department of Justice’s National Security Division (NSD).
Paul Merrell

Senate CIA torture report could throw Gitmo hearings into chaos | Al Jazeera America - 0 views

america.aljazeera.com/...senate-cia-guantanamo.html

war & peace torture CIA Gitmo-detainees

shared by Paul Merrell on 03 Apr 14 - No Cached
  • The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe. The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system. Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive. In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.
  • But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. “The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.” The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.
  • The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September. “We have an absolute right to review that and have it produced in discovery,” Wright said.
  • ...4 more annotations...
  • Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.
  • But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.
  • “Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.
  • Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
  • Paul Merrell on 03 Apr 14
     
    A ray of sunlight ahead in the Gitmo detainee prosecutions?
Gary Edwards

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

www.nytimes.com/...ressure-to-back-bank-deal.html

Gretchen-Morgenson Banksters Obama-Bankster-Power-Play Mortgage-Fraud

shared by Gary Edwards on 24 Aug 11 - No Cached
  • 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
  • ...1 more annotation...
    • Gary Edwards
      Gary Edwards on 24 Aug 11
       
      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.
  • Gary Edwards on 24 Aug 11
     
    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

Secret program at secret Guantánamo prison hears everything | Miami Herald - 0 views

www.miamiherald.com/...article44541324.html

surveillance state GITMO-detainees military-tribunal fair-trial

shared by Paul Merrell on 16 Nov 15 - No Cached
  • A secret Defense Department program provides unfettered eavesdropping on the accused terrorists imprisoned at Guantánamo’s clandestine Camp 7 lockup, recently released war court documents show.Army Col. James L. Pohl, the judge in 9/11 trial, discovered the existence of the secret surveillance program during a recent war court hearing. Little is publicly known about the program, not even its unclassified two-word nickname.
  • The disclosure of pervasive eavesdropping at Guantánamo’s lockup for 14 former CIA prisoners comes in before-and-after documents released by the court from the recent Oct. 19-30 pretrial hearings in the death-penalty case of five men accused of orchestrating the hijackings that killed nearly 3,000 people on Sept. 11, 2001.At issue was accused 9/11 plotter Walid bin Attash’s request for guidance on how he could function as his own attorney. Bin Attash is a Yemeni in his mid-30s who is accused of training some of the hijackers. “You must assume anything you say in Camp 7 is not confidential and will be disclosed to the U.S. Government,” warns an Oct. 23 draft of the advisory, crafted after the judge was informed of the covert program. “Only when you are in Echo 2 will anything you say be covered by the attorney-client privilege.”An Oct. 20 draft of the advisory omits those lines.
  • This is not the first time in the proceedings that a surveillance program caught Pohl by surprise. In January 2013, he ordered the CIA to unplug a button that allowed an unseen observer to cut the court’s audio feed to the public. Perhaps ironically, the lone site the judge considers safe for consultative trial preparation — the Camp Echo compound of wooden huts, each containing a cell — at one time had covert recording devices that looked like smoke detectors. The judge ordered them disabled in February 2013.Attorney Dror Ladin of the American Civil Liberties Union, who was an observer at the Guantánamo hearings last month, said the apparent disclosure of “pervasive surveillance at Camp 7” is the latest issue to challenge the possibility of a fair trial.“It is shocking that for years neither defense counsel nor the judge were made aware that the government was capturing everything said aloud by the detainees there,” he said Thursday. It also adds to mounting questions of “how these military commissions can produce a fair result,” said Ladin, especially if one of the men represents himself. “These are detainees who really can’t see the evidence against them and simultaneously have been provided no rehabilitation services for the torture they suffered for years. It would be astonishing if any of them could craft a fair defense for capital charges.”
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  • A defense attorney in another case said the prosecution wants to use a surreptitiously recorded conversation between two Camp 7 captives against an alleged al-Qaida commander. And in 2012 the journalist Daniel Klaidman wrote in his book “Kill or Capture” that the U.S. government had recordings made in a Guantánamo prison recreation yard of the alleged Sept. 11 mastermind Khalid Sheik Mohammed talking about evidence that could be used against him.The latest disclosure comes at a time of decreasing transparency at the war court.On Oct. 29, the judge held a 13-minute secret session without advanced notice to the public. A day later the judge wrote in a three-page ruling that he closed the court at the request of “the Government” — war-court-speak for the prosecution — to protect state secrets whose disclosure “could result in grave danger to national security.”Pohl also ordered the court to issue a censored transcript of the parts the excluded public and accused would be allowed to see. No transcript has been released.Then the next day, Oct. 30, the judge held a daylong, open hearing on a restraining order he issued forbidding female guards from touching the 9/11 accused when they are being taken to court or legal meetings. The judge’s order has outraged members of Congress and the Pentagon brass.
  • In that public court hearing, soldiers called as witnesses from the prison discussed staffing patterns at Camp 7. Normally the Pentagon releases transcripts of open hearings the same day. Unusually, the court has not yet released the Oct. 30 transcript. A Pentagon spokesman suggested Thursday — 13 days after the open court hearing — that somebody was scrubbing the transcript of information already made public. “The security review of the Oct. 30 transcript remains ongoing,” said Navy Cmdr. Gary Ross. “We will provide an update once additional information becomes available.”Much of the October session focused on bin Attash’s question about how he’d act as his own lawyer in a system that does not let the accused terrorist see classified information in the case. The judge and attorneys devoted days to designing a script Pohl would read to any accused 9/11 terrorist who tries to take charge of his defense — and spent a full afternoon huddling in a closed meeting on the secret program.
  • In it, Pohl made clear that he never intended to let bin Attash dismiss his Pentagon-paid defense attorneys — Chicago criminal defense attorney Cheryl Bormann and Air Force Maj. Michael Schwartz. Instead, the script shows Pohl planned to appoint Bormann and Schwartz as “standby counsel” the judge could activate to carry out cross-examination of certain witnesses who might have “particular sensitivities” to being questioned by the alleged terrorist.“If you are represented by lawyers, then it is the lawyers, and not you, who will conduct the defense,” the warning says. “Correspondingly, if you represent yourself, you will be able to perform the lawyer’s core functions, but you will not necessarily be allowed to direct special appearances by counsel when it is convenient to you.”The language suggests a far more limited role by the American lawyers than those carried out in an aborted attempt to hold the Sept. 11 trial during the Bush administration. In those proceedings, alleged 9/11 terrorists serving as their own lawyer regularly had standby counsel write and argue motions in court.The script also envisions a scenario in which an accused 9/11 plotter serving as his own lawyer becomes unruly, disruptive or disobedient rather than respect “the dignity of the courtroom.” In such a case, the judge said he could deal with “obstructionist misconduct” by putting “physical restraints” on bin Attash or ejecting him from the court.Bin Attash, for his part, has not been noticeably disruptive across years of pretrial proceedings. An amputee, he was brought to his May 5, 2012 arraignment in a Guantánamo prison restraint chair routinely used for forced-feeding of hunger strikers — with guards carrying his prosthetic leg separately.
  • Paul Merrell on 16 Nov 15
     
    It's long past time to recognize that the military cannot provide a fair trial for GITMOI detainees, transfer them to the U.S., and try them in a civilian Article II court. If this kind of crap were going down before an Article II judge, those conducting the surveillance would be sitting in jail. 
Paul Merrell

Ex-U.S. Attorney backs Leonard Peltier's bid for clemency - NY Daily News - 0 views

www.nydailynews.com/...bid-clemency-article-1.2933475

tyranny Peltier clemency AIM

shared by Paul Merrell on 06 Jan 17 - No Cached
  • The U.S. Attorney whose office prosecuted Native American activist Leonard Peltier 40 years ago wrote to President Obama just before Christmas to support the aging prisoner’s bid for clemency. James Reynolds, the former U.S. Attorney in Iowa, contacted the White House and the Department of Justice in a Dec. 21 letter asking that Peltier — now 71 and in failing health — be given a compassionate release. “I think it’s time,” Reynolds, 77, told the Daily News from his Florida home. “Forty years is enough,” the former U.S. attorney said.
  • He also admitted he’s not convinced of Peltier’s guilt — even though the activist was convicted of fatally shooting FBI agents Jack Coler and Ronald Williams and has spent the last four decades behind bars. “I don’t know. Who knows?” Reynolds said, when asked if the wrong man might have gone to prison. “The hardest thing is to try and go back and reconstruct history. He may not have (done the crime),” Reynolds said, adding that Peltier “would not be the first” to suffer a wrongful conviction.
  • “When you stand at the bottom and you look at the naked underbelly of our system, it has got flaws. It’s still the best one we’ve got, but at certain points there has to be a call for clemency and that’s where we are,” the former U.S. attorney said.
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  • As for the famously controversial trial for the June 1975 shootings and subsequent appeal from Peltier — which was rejected — Reynolds admitted that “we might have shaved a few corner here and there.” Reynolds was appointed to his position by former President Jimmy Carter in 1980. His predecessor, Evan Hultman, handled the original prosecution of Peltier for the FBI agents deaths during a wild shoot out at the Pine Ridge Indian Reservation in South Dakota. Reynolds asked Hultman to stay on and help block Peltier’s appeal, which failed to get his conviction overturned.
  • Peltier, who was part of the American Indian Movement in the 1970s — a group the FBI was investigating for suspected subversive activities — is considered a political prisoner by Amnesty International. His fight for freedom has garnered support from all corners of the globe and is a cause celebrated among many different social justice groups.
  • Paul Merrell on 06 Jan 17
     
    40 years later, the D.A. admits it may have been a wrongful conviction. Whew!
Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney ... - 0 views

www.redflagnews.com/...l-attorney-michael-connelly-jd

Tyranny-by-Executive-Order

shared by Gary Edwards on 18 Aug 13 - No Cached
  • Gary Edwards on 18 Aug 13
     
    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Paul Merrell

Feds operated yet another secret metadata database until 2013 | Ars Technica - 0 views

arstechnica.com/...t-metadata-database-until-2013

surveillance state DEA phone-metadata litigation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • In a new court filing, the Department of Justice revealed that it kept a secret database of telephone metadata—with one party in the United States and another abroad—that ended in 2013. The three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013.
  • The criminal case involves an Iranian-American man named Shantia Hassanshahi, who is accused of violating the American trade embargo against Iran. His lawyer, Mir Saied Kashani, told Ars that the government has clearly abused its authority. "They’ve converted this from a war on drugs to a war on privacy," he said. "[Hassanshahi] is not accused of any drug crime but they used this drug enforcement information to gather information against him, that's contrary to the law, and we will revisit that. We will bring motions in the court and we will appeal if necessary." Neither the DEA nor the Department of Justice immediately responded to Ars' query as to whether this program is continuing under a different authority.
  • The story begins in 2011, when a Department of Homeland Security (DHS) agent received a tip about someone who might be in violation of American sanctions against Iran. The source provided an e-mail from an Iranian businessman, Manoucher Sheiki, who was involved in acquiring power grid equipment. A second Homeland Security agent, Joshua Akronowitz, wrote in a 2013 affidavit that he searched Sheiki’s Iranian phone number in this database, but declined to explain exactly what kind of database it was. Akronowitz found that the Iranian number came up exactly one time in the database, and was linked to an 818 number, based in Los Angeles County. That number turned out to be the Google Voice number of Hassanshahi. DHS then subpoenaed Google, and got Hassanshahi’s call log and later, metadata on his Gmail account. By early 2012, the agency found out that he was set to return to Los Angeles from Iran. At LAX Airport, customs agents seized his phone, laptop, thumb drives, camcorder, and SIM cards and sent them to Homeland Security. Last year, Kashani, Hassanshahi’s lawyer, argued that this evidence should be suppressed on account that it was the "fruit of the poisonous tree"—obtained via illicit means. In support of his arguments, Kashani cited an important ongoing NSA-related lawsuit, Klayman v. Obama, which remains the only instance where a judge has order the NSA metadata program to be shut down—that order was stayed pending an appeal. (Earlier this month, Ars explored Klayman and other pending notable surveillance cases.)
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  • In a December 2014 opinion in the Hassanshahi case, US District Judge Rudolph Contreras allowed the evidence, but also required that the government provide a "declaration summarizing the contours of the law enforcement database used by Homeland Security Investigations to discover Hassanshahi’s phone number, including any limitations on how and when the database may be used." To comply with the judge’s order, Robert Patterson, the assistant special agent in charge of the DEA, wrote in the Thursday filing: As noted, this database was a federal law enforcement database. It could be used to query a telephone number where federal law enforcement officials had a reasonable articulable suspicion that the telephone number at issue was related to an ongoing federal criminal investigation. The Iranian number was determined to meet this standard based on specific information indicating that the Iranian number was being used for the purpose of importing technological goods to Iran in violation of United States law. Previously, the government had not revealed exactly how it began its investigation of Hassanshahi, and only referred cryptically to "[DHS]-accessible law enforcement databases," in Akronowitz’ 2013 and  2014 affidavits.
  • Similarly, other privacy-minded legal experts questioned the government’s tactics in this new revelation. "We just don’t know about the scope of these things, and that’s what’s disturbing," Andrew Crocker, a legal fellow at the Electronic Frontier Foundation, told Ars. His colleague, Hanni Fakhoury, an EFF attorney who used to be a federal public defender, added that he was "not surprised." "Bulk surveillance technologies and the dangerous legal theories that are used to support them trickle down, and here's a prime example of that," he wrote by e-mail. "The DEA's mandate is of course important but not at the level of national security where as you know there are serious legal questions about the propriety of this collection of phone metadata. And if the DEA has a program like this, it wouldn't surprise me if other agencies do too for other sorts of records the government has claimed it can collect with a subpoena (like bank records)."
  • Patrick Toomey, an attorney with the American Civil Liberties Union, chimed in to say that this indeed was a clear example of government overreach. "This disclosure underscores how the government has expanded its use of bulk collection far beyond the NSA and the national-security context, to rely on mass surveillance in ordinary criminal investigations," he said by e-mail. "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," Toomey continued. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
  • Paul Merrell on 18 Jan 15
     
    The authorizing statute clearly limits the scope of the administrative subpoena authority to drug related criminal investigations. "In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation."
Gary Edwards

Goldman Sachs mortgage-backed securities settlement - Business Insider - 0 views

www.businessinsider.com/d-securities-settlement-2016-4

Goldman-Sachs Banksters

shared by Gary Edwards on 11 Apr 16 - No Cached
  • “Goldman took $10 billion in TARP bailout funds knowing that it had fraudulently misrepresented to investors the quality of residential mortgages bundled into mortgage backed securities,” said Special Inspector General Christy Goldsmith Romero for TARP. 
  • “Many of these toxic securities were traded in a taxpayer funded bailout program that was designed to unlock frozen credit markets during the crisis.  While crisis investigations take time, SIGTARP is committed to working with our law enforcement partners to protect taxpayers and bring accountability and justice.”
  • $5 billion settlement with Goldman Sachs over the bank’s deceptive practices leading up to the financial crisis.
  • ...11 more annotations...
  • The settlement includes an agreed-upon statement of facts that describes how Goldman Sachs made multiple representations to RMBS investors about the quality of the mortgage loans it securitized and sold to investors, its process for screening out questionable loans, and its process for qualifying loan originators. 
  • Contrary to those representations, Goldman Sachs securitized and sold RMBS backed by large numbers of loans from originators whose mortgage loans contained material defects.
  • In the statement of facts, Goldman Sachs acknowledges that it securitized thousands of Alt-A, and subprime mortgage loans and sold the resulting residential mortgage-backed securities (“RMBS”) to investors for tens of billions of dollars. 
  • During the course of its due diligence process, Goldman Sachs received pertinent information indicating that significant percentages of the loans reviewed did not conform to the representations it made to investors.
  • Goldman also received and failed to disclose negative information that it obtained regarding the originators’ business practices.  Indeed, Goldman’s due diligence vendors provided Goldman with reports reflecting that the vendors had graded significant numbers and percentages of sampled loans as EV3s, i.e., not in compliance with originator underwriting guidelines. 
  • In certain circumstances, Goldman reevaluated loan grades and directed that such loans be waived into the pools to be purchased or securitized. 
  • In many cases, 80 percent or more of the loans in the loan pools Goldman purchased and securitized were not sampled for credit and compliance due diligence. 
  • Nevertheless, Goldman approved various offerings for securitization without requiring further due diligence to determine whether the remaining loans in the deal contained defects.  A Goldman employee overseeing due diligence for a particular loan pool noted that the pool included loans originated with “[e]xtremely aggressive underwriting” and “large program exceptions made without compensating factors.”  Despite this observation, Goldman did not review the remaining portion of the pool, and subsequently securitized thousands of loans from the pool. 
  • Goldman made statements to investors in offering documents and in certain other marketing materials regarding its process for reviewing and approving originators, yet it failed to disclose  to investors negative information it obtained about mortgage loan originators and its practice of securitizing loans from suspended originators. 
  • Attorney General Schneiderman was elected in 2010 and took office in 2011, when the five largest mortgage servicing banks, 49 state attorneys general, and the federal government were on the verge of agreeing to a settlement that would have released the banks – including Bank of America – from liability for virtually all misconduct related to the financial crisis.
  • Attorney General Schneiderman refused to agree to such sweeping immunity for the banks. As a result, Attorney General Schneiderman secured a settlement that preserved a wide range of claims for further investigation and prosecution.
  • Gary Edwards on 11 Apr 16
     
    If this doesn't qualify as fraud, nothing does. "We now know more about the $5 billion settlement Goldman Sachs has agreed to pay related to residential mortgage-backed securities it sold between 2005 and 2007. Regulators announced details of the settlement on Monday. Goldman Sachs initially announced the settlement in January. That nearly wiped out fourth-quarter earnings for the firm. "Today's settlement is yet another acknowledgment by one of our leading financial institutions that it did not live up to the representations it made to investors about the products it was selling," said one regulator, U.S. Attorney Benjamin B. Wagner of the Eastern District of California, in a statement. Morgan Stanley announced a similar settlement in February. It agreed to pay $3.2 billion over charges that it misled investors on the quality of mortgage loans it sold. And on Friday, the Justice Department announced that Wells Fargo had agreed to pay $1.2 billion to settle "shoddy" mortgage-lending practices. Here's what we learned about the Goldman settlement on Monday:"
Gary Edwards

What You Can Do About Vote Fraud | Fellowship of the Minds - 0 views

fellowshipofminds.wordpress.com/...at-you-can-do-about-vote-fraud

voter-fraud Consent-Decree-1982 Dr-Eowyn WesternJournalism Fellowshipofminds

shared by Gary Edwards on 17 Nov 12 - No Cached
  • Gary Edwards on 17 Nov 12
     
    "What You Can Do About Vote Fraud Posted on November 17, 2012 by Dr. Eowyn | 2 Comments excerpt: There is now massive compelling evidence that Democrats committed vote fraud in the 2012 presidential election, especially in the four battleground states of Colorado, Florida, Ohio, and Virginia. See FOTM's posts chronicling the extensive pervasive fraud by going to our "2012 Election" page below our FOTM masthead, and click on those post links colored neon green. But the Republican Party won't do anything about the fraud, because it is legally constrained by an agreement the Republican National Committee (RNC) made with the Democratic National Committee (DNC) in 1982, to settle a lawsuit. The agreement or Consent Decree, which is national in scope, limits the RNC's ability to engage or assist in voter fraud prevention unless the RNC obtains the court's approval in advance. Nor can the RNC engage in "ballot security activities" - defined as "ballot integrity, ballot security or other efforts to prevent or remedy vote fraud." Read more about the agreement HERE. Simply put, the GOP is neutered. But we ordinary Americans can do something about vote fraud, in our separate states. FOTM's Hardnox has been urging us to contact our state's attorney general. Here's how." Dr. Eowyn provides a list of all 50 State Attorneys Generals for the purposes of direct mail.  Mailing addresses and phone numbers!  Get writing Patriots.  It's now or never.
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