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Paul Merrell

JPMorgan Chase Chief Says 'Banks Are Under Assault' - NYTimes.com - 0 views

  • As JPMorgan Chase reported sluggish earnings and potential new legal costs on Wednesday, its chief executive, Jamie Dimon, lashed out at regulators and analysts, including some who are calling for the breakup of what is the nation’s largest bank.
  • “Banks are under assault,” Mr. Dimon said in the call with reporters. “In the old days, you dealt with one regulator when you had an issue. Now it’s five or six. You should all ask the question about how American that is, how fair that is.” This is not the first time that Mr. Dimon has publicly criticized the new scrutiny and rules that banks have dealt with since the financial crisis. But in the past, Mr. Dimon was often confronting skeptics from outside the banking world. On Wednesday, he faced off against several industry analysts who questioned whether the costs associated with JPMorgan’s heft are outweighing the benefits.
  • “This is not Elizabeth Warren asking the questions,” said Mike Mayo, a bank analyst at CLSA, referring to the Massachusetts senator and outspoken critic of big banks. “Investors are talking about this.” Mr. Dimon and Marianne Lake, JPMorgan’s chief financial officer, rebutted any suggestion that JPMorgan would need to be broken into smaller parts to be more valuable, and argued that the bank’s size gave it many advantages against competitors — “the model works from a business standpoint,” Mr. Dimon said. But some of the analysts questioning Mr. Dimon and Ms. Lake did not seem to be satisfied by the answers and suggested that they expected to hear more about the bank’s efforts to change itself.
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  • The bank announced that both its revenue and profit were down during the fourth quarter of 2014, with few bright spots across its many business lines. The bank’s profits were also dragged down by $1 billion it put aside to deal with a government investigation of wrongdoing on its foreign currency trading desks. The bank has also begun preparing for new rules that are expected to be tougher on JPMorgan than any other financial firm. During conference calls with reporters and analysts, Mr. Dimon sounded like a chief executive under siege.
  • Mr. Mayo, who was one of the first analysts to call for the big banks to be broken up, pointed out on Wednesday that as JPMorgan had continued to grow it had actually become somewhat less efficient, as measured by the ratio between its expenses and revenue. When the questions about the bank’s future kept coming on Wednesday morning, Mr. Dimon sounded increasingly frustrated with the analysts. “This company has been a fortress company,” he said. “It has delivered to clients and its diversification is the reason why it’s had less volatility of earnings and was able to go through the crisis and never lost money ever, not one quarter.”
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    Let's return to the days when banks were prohibited from operating across state lines and turn their reguloation back over to the States. No more too-big-to-fail.
Paul Merrell

Moussaoui Calls Saudi Princes Patrons of Al Qaeda - NYTimes.com - 0 views

  • In highly unusual testimony inside the federal supermax prison, a former operative for Al Qaeda has described prominent members of Saudi Arabia’s royal family as major donors to the terrorist network in the late 1990s and claimed that he discussed a plan to shoot down Air Force One with a Stinger missile with a staff member at the Saudi Embassy in Washington.The Qaeda member, Zacarias Moussaoui, wrote last year to Judge George B. Daniels of United States District Court for the Southern District of New York, who is presiding over a lawsuit filed against Saudi Arabia by relatives of those killed in the Sept. 11, 2001, terrorist attacks. He said he wanted to testify in the case, and after lengthy negotiations with Justice Department officials and the federal Bureau of Prisons, a team of lawyers was permitted to enter the prison and question him for two days last October.
  • He said in the prison deposition that he was directed in 1998 or 1999 by Qaeda leaders in Afghanistan to create a digital database of donors to the group. Among those he said he recalled listing in the database were Prince Turki al-Faisal, then the Saudi intelligence chief; Prince Bandar Bin Sultan, the longtime Saudi ambassador to the United States; Prince al-Waleed bin Talal, a prominent billionaire investor; and many of the country’s leading clerics.“Sheikh Osama wanted to keep a record who give money,” he said in imperfect English — “who is to be listened to or who contributed to the jihad.”Mr. Moussaoui said he acted as a courier for Bin Laden, carrying personal messages to prominent Saudi princes and clerics. And he described his training in Qaeda camps in Afghanistan.
  • Transcripts of testimony by Zacarias Moussaoui, a former Qaeda operative, under questioning over two days in October by lawyers in a suit filed against Saudi Arabia by relatives of 9/11 victims. Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
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  • He helped conduct a trial explosion of a 750-kilogram bomb as a trial run for a planned truck-bomb attack on the American Embassy in London, he said, using the same weapon used in the Qaeda attacks in 1998 on the American Embassies in Kenya and Tanzania. He also studied the possibility of staging attacks with crop-dusting aircraft.In addition, Mr. Moussaoui said, “We talk about the feasibility of shooting Air Force One.” Specifically, he said, he had met an official of the Islamic Affairs Department of the Saudi Embassy in Washington when the Saudi official visited Kandahar. “I was supposed to go to Washington and go with him” to “find a location where it may be suitable to launch a Stinger attack and then, after, be able to escape,” he said.
  • Also filed on Monday in the survivors’ lawsuit were affidavits from former Senators Bob Graham of Florida and Bob Kerrey of Nebraska and the former Navy secretary John Lehman, arguing that more investigation was needed into Saudi ties to the 9/11 plot. Mr. Graham was co-chairman of the Joint Congressional Inquiry into the attacks, and Mr. Kerrey and Mr. Lehman served on the 9/11 Commission.
  • “I am convinced that there was a direct line between at least some of the terrorists who carried out the Sept. 11 attacks and the government of Saudi Arabia,” wrote Mr. Graham, who has long demanded the release of 28 pages of the congressional report on the attacks that explore Saudi connections and remain classified.Mr. Kerrey said in the affidavit that it was “fundamentally inaccurate and misleading” to argue, as lawyers for Saudi Arabia have, that the 9/11 Commission exonerated the Saudi government.
Paul Merrell

Proposed changes to US data collection fall short of NSA reformers' goals | US news | T... - 0 views

  • The US intelligence community has delivered a limited list of tweaks to how long it can hold information on ordinary citizens and hide secret trawls for data, responding to Barack Obama’s call for reform of its surveillance practices in the wake of revelations about NSA practices. Published by the office of the director of national intelligence, James Clapper, just six days before a recently announced visit to Washington by the German chancellor, Angela Merkel, the report is the culmination of a year-long effort to respond to revelations by whistleblower Edward Snowden.
  • But the report does not appear to address the role of telecommunications companies in collecting metadata and the use of encryption to prevent hacking, and privacy critics were quick to pounce on a year of promises with little reform to show. “It’s hard to see much ‘there’ there,” Senator Ron Wyden said in a statement. “When it comes to reforming intelligence programs and protecting Americans’ privacy, there is much, much more work to be done.” The outline from the intelligence community also appears to fall short of the legislative changes attempted by campaigners in Congress, focusing instead on measures to tighten internal guidelines and provide foreigners with some of the protections allowed for US citizens. These measures include:
  • Limiting how long personal data gathered from non-US citizens can be held to five years, so long as it is deemed not relevant to ongoing intelligence investigations. Asking Congress to provide some foreign nationals access to legal redress if their private information has been wilfully disclosed by US intelligence agencies. Limiting to three years how long the FBI can prevent disclosure of its surveillance activities using so-called national security letters, unless a special agent deems otherwise.
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  • The official results of Obama’s call for surveillance reform also appear to have failed to address encryption. The FBI director, James Comey, and other officials have been highly critical of the use of encryption by tech companies such as Apple to protect their users’ information. Comey has argued that stronger encryption, baked in to some technology after the Snowden revelations, will aid criminals and terrorists and shut out law enforcement.
  • Other measures outlined in the new report include steps to clarify the protection given to whistleblowers if they follow internal rules and a requirement that “any significant compliance incident involving personal information, regardless of the person’s nationality” be reported to Clapper.
  • The intelligence report itself acknowledges that further reforms called for by the president, such as ending the collection of bulk data by the government, have not been implemented, possibly due to stalled legislative efforts in Congress.
Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
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  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
Paul Merrell

Sen. Menendez Top Recipient of MEK-Related Campaign Funding « LobeLog - 0 views

  • As readers of this blog already know, Sen. Robert Menendez (D-NJ) was the top congressional recipient of “pro-Israel” campaign funding in the 2012 election cycle, the last time he ran for office, according to the Center for Responsive Politics. He has since distinguished himself as the leading proponent among Senate’s Democrats of new sanctions against Iran. He has repeatedly co-sponsored sanctions legislation—with Mark Kirk (R-IL), the top recipient of pro-Israel campaign funding for the past decade—with the ostensible purpose of increasing pressure on Tehran to make far-reaching concessions at the negotiating table. It appears that Menendez has also been the top recipient of campaign funding from donors with ties to the Mojahedin-e Khalq (MeK), the cultish group that was until recently included on the State Department’s terrorism list, according to a new investigative report published Thursday by LobeLog alumni and occasional contributors Ali Gharib and Eli Clifton on The Intercept website. The article, “Long March of the Yellow Jackets: How a One-Time Terrorist Group Prevailed on Capitol Hill,” details how Menendez, then chairman of the Senate Foreign Relations Committee, maintained a hold for some six months—from July 2013 until late January 2014—on an arms package for the Iraqi government that included 24 Apache helicopters. Menendez explained publicly that he was concerned about then-Iraqi Prime Minister Nouri al-Maliki’s record of attacks against civilians and his tacitly allowing Iran to use Iraqi airspace to transport weapons to Syria.
  • But Ali and Eli cite sources that cumulatively suggest that Menendez’s position may have been influenced by intense lobbying on the part of pro-MeK individuals, including the lobbyist for one of the MeK’s political fronts and Menendez’s immediate predecessor, Robert Torricelli. Menendez finally lifted his hold after the Islamic State of Iraq and the Levant (ISIL) launched their first major offensive into al-Anbar province from bases along the Syrian-Iraqi border, taking Fallujah and most of Ramadi.
  • According to the article,Menendez accepted more than $25,000 from donors with ties to the MEK, making him the largest recipient from 2012, when the MeK was delisted that September, to the present. That’s not much compared to the well over $300,000 Menendez received from pro-Israel groups during the 2012 election cycle, but it was more than twice what was provided to the next biggest recipients, Sen. John McCain (R-AZ) and Rep. Dana Rohrabacher (R-CA). In any event, the article casts light on the seamier side of the politics around Iran, and it’s a good read besides.
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    MEK has a long history of serving as the "source" of forged documents Mossad wishes to place into circulation that purport to paint Iran as untrustworthy, e.g., the documents that say Iran used to have a nuclear weapons program. 
Paul Merrell

Pentagon: 9/11 defense team linguist was CIA asset | The Miami Herald The Miami Herald - 0 views

  • The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.
  • Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”
  • Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.
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  • “We will be filing motions for discovery regarding the former CIA interpreter utilized by Mr. Bin al Shibh’s defense team,” said attorney Cheryl Bormann, defending the alleged terror trainer Walid bin Attash, 36, who she said was shaken at seeing someone from a black site.Bormann also said she would be seeking a court order from Judge Pohl similar to the one Pohl styled after disclosure that FBI agents were investigating and questioning members of the 9/11 defense team: Instructing the defense team members to disclose if they worked for the CIA or a CIA contractor, absolving them of any Non Disclosure Order they signed with the CIA.“If people aren’t truthful about their background,” Bormann said, “there’s really no way for us to determine whether or not they are inappropriately assigned to our team.”
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    So, it sounds like the CIA was trying to sneak an agent who understands Arabic into the GITMO defendants' defense team. This, after the FBI was caught interrogating a defense team member. Time to dismiss the charges and free the defendants, I think. These men can't get a fair trial. 
Paul Merrell

'A Line in the Sand' in Fight to Release Thousands of Photos of Prisoner Abuse - The In... - 0 views

  • A federal judge is demanding that the government explain, photo-by-photo, why it can’t release hundreds, and perhaps thousands, of pictures showing detainee abuse by U.S. forces at military prison sites in Iraq and Afghanistan. In a courtroom in the Southern District of New York yesterday, Judge Alvin Hellerstein appeared skeptical of the government’s argument, which asserted that the threat of the Islamic State and Al Qaeda exploiting the images for propaganda should override the public’s right to see any of the photos. He was “highly suspicious” of the government’s attempt to declare the whole lot of the photos dangerous. “It’s too easy and too meaningless,” he said. Since 2004, the American Civil Liberties Union has been fighting for the release of photos from military investigations into prisoner abuse beyond those that were leaked from Abu Ghraib. The additional pictures reportedly show sexual assault, soldiers posing with dead bodies, and other offenses. The exact number of photos has not been disclosed in court, though former Senator Joe Lieberman has previously said that there are nearly 2,100.
  • Hellerstein first ordered the government to hand over a subset of the pictures in 2005. President Obama decided to release them in 2009, but Iraqi Prime Minister Nouri al-Maliki and the top American general in Iraq implored him not to. Congress then passed a law amending the Freedom of Information Act to allow the Secretary of Defense to certify that publishing the pictures could put American lives at risk, which then-secretary Robert Gates did. The ACLU continued to fight the issue in court, and last August, Hellerstein ordered that the government needed to justify withholding each picture individually.
Paul Merrell

Blackwater Founder Remains Free and Rich While His Former Employees Go Down on Murder C... - 0 views

  • The incident for which the men were tried was the single largest known massacre of Iraqi civilians at the hands of private U.S. security contractors. Known as “Baghdad’s bloody Sunday,” operatives from Blackwater gunned down 17 Iraqi civilians at a crowded intersection at Nisour Square on September 16, 2007. The company, founded by secretive right-wing Christian supremacist Erik Prince, pictured above, had deep ties to the Bush Administration and served as a sort of neoconservative Praetorian Guard for a borderless war launched in the immediate aftermath of 9/11. While Barack Obama pledged to reign in mercenary forces when he was a senator, once he became president he continued to employ a massive shadow army of private contractors. Blackwater — despite numerous scandals, congressional investigations, FBI probes and documented killings of civilians in both Iraq and Afghanistan — remained a central part of the Obama administration’s global war machine throughout his first term in office.
  • Just as with the systematic torture at Abu Ghraib, it is only the low level foot-soldiers of Blackwater that are being held accountable. Prince and other top Blackwater executives continue to reap profits from the mercenary and private intelligence industries. Prince now has a new company, Frontier Services Group, which he founded with substantial investment from Chinese enterprises and which focuses on opportunities in Africa. Prince recently suggested that his forces at Blackwater could have confronted Ebola and ISIS. “If the administration cannot rally the political nerve or funding to send adequate active duty ground forces to answer the call, let the private sector finish the job,” he wrote. None of the U.S. officials from the Bush and Obama administrations who unleashed Blackwater and other mercenary forces across the globe are being forced to answer for their role in creating the conditions for the Nisour Square shootings and other deadly incidents involving private contractors. Just as the main architect of the CIA interrogation program, Jose Rodriguez, is on a book tour for his propagandistic love letter to torture, Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, so too is Erik Prince pushing his own revisionist memoir, Civilian Warriors: The Inside Story of Blackwater and the Unsung Heroes of the War on Terror.
  • While the Blackwater verdict is an important and rare moment of accountability in an overwhelmingly unaccountable private war industry, it does not erase the fact that those in power—the CEOs, the senior officials, the war profiteers—walk freely and will likely do so for the rest of their lives.
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  • Filmmaker Richard Rowley and I produced a 30 minute documentary on the Nisour Square massacre and the story of Ali Kinani for Democracy Now! and The Nation magazine:
Paul Merrell

Weakened surveillance reform bill is 'yesterday's news', civil libertarians say | World... - 0 views

  • When the premiere surveillance reform bill of 2014 is reintroduced in the current Congress, it can count on antipathy and even opposition from many of the civil libertarian activists who pushed it to the brink of passage last year. The USA Freedom Act, a bill that aims to stop the National Security Agency (NSA) from its daily collection of US phone records in bulk, is set for a 2015 revamp after failing in the Senate last November. Supporters pledge to unveil it late this week or early next week.
  • This time, as reported by the Guardian, the bill is shaping up to be the preferred piece of legislation to extend the lifespan of a controversial part of the Patriot Act, known as Section 215. The NSA uses Section 215 to justify its domestic mass surveillance. The FBI considers it critical for terrorism and espionage investigations outside typical warrant or subpoena channels. Section 215 expires on 1 June. The bill’s architects consider the USA Freedom Act the strongest piece of legislation to roll back the domestic reach of US surveillance that Congress will pass. But a new coalition of civil libertarian groups on the left and the right is already looking past the bill, in the hopes of broadening what is possible – something they consider realistic, thanks to the intelligence community’s fervent desire to avoid the expiration of Section 215.
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    I'm pushing for no legislation. Let section 215 sunset in peace.
Paul Merrell

Secret Law Isn't the Public's Fault | Just Security - 0 views

  • Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture program? No. OK, yes, you caught us — but the staffers were poking their nose into the CIA’s business. Are communities in some cities suffering from an uptick in crime rates? That must be because they were critical of police practices, and so the police are afraid to do their job. Are American Muslims disproportionately singled out for law enforcement scrutiny? It wouldn’t be necessary if they did a better job of identifying and rooting out the terrorists in their midst. Did a drone strike kill a 16-year-old boy who wasn’t on any target list but happened to be the son of alleged al-Qaeda operative Anwar al-Aulaqi? I guess he “should have had a more responsible father,” as then-White House press secretary Robert Gibbs helpfully explained. At the annual conference of the American Bar Association’s Standing Committee on National Security Law, officials were at it again. Both the CIA’s General Counsel, Caroline Krass, and the acting head of the Justice Department’s Office of Legal Counsel (OLC), Karl Thompson, observed that agencies are issuing fewer requests for formal OLC opinions and are seeking “informal,” unwritten advice from OLC instead. This trend undermines the public’s ability to obtain OLC opinions through FOIA requests. And, according to Krass, we have no one to blame but ourselves:
  • I do think one reason is a focus the office has gotten [in] the past 10 years or so in the public which has now led to Freedom of Information Act requests pretty much anytime the administration adopts a position in the context of domestic law or national security that could be [or] seems a little bit edgy or slightly controversial, immediately the request for the OLC opinion comes. What were we thinking? Well, we might have had in mind OLC officials’ own acknowledgment that their opinions constitute the working law of the executive branch, and are binding on agencies in the same manner that a court’s decision would be. When the public expresses interest in a controversial court opinion, that isn’t cited as a reason to move the judicial system into the shadows. To the contrary, it’s well-understood that the public has a right to know how judges are interpreting the law. That’s true regardless of whether the law deals with the rights and obligations of private parties or (as is usually the case with OLC opinions) the authorities of the government.  It’s high time we stop pretending that OLC opinions are merely attorneys’ advice, and thereby entitled to confidentiality. A private person is free to accept or reject her attorney’s advice. By contrast, as Thompson recognized, OLC opinions — even informal, unwritten ones — are “binding by custom and practice . … People are supposed to and do follow [them].” Moreover, in ordinary circumstances, it is no defense to criminal charges that the defendant’s lawyer gave bad advice. OLC opinions, on the other hand, confer effective immunity, as the Justice Department will not prosecute any official who acted in reliance on OLC’s conclusions.
  • The government nonetheless argues, and many courts have agreed, that OLC opinions are exempt from disclosure under FOIA because they are “deliberative” and “pre-decisional.” This assessment conflates two distinct decisions: the decision of an agency whether to adopt a course of conduct, and OLC’s decision regarding how to interpret the law. The latter decision may be one factor — along with other, non-legal factors, such as political viability, financial cost, and the existence of competing priorities — in the agency’s “deliberations” on the former. The agency ultimately must decide whether to move forward with a policy. But on the question of how the law should be interpreted, it is OLC, not the agency, which has the final word. If the agency were to issue a different legal interpretation, there is no question that OLC’s would take precedence, and the agency would be courting legal jeopardy by adopting a course of action in tension with OLC’s reading of the law. Perhaps the solution is simply to require the government to abide by its own characterization. If OLC opinions are to be given the status of deliberative documents and/or legal advice, so be it; but in that case, they cannot be binding on any agency or official, nor can they mitigate any official’s criminal or civil liability (unless they genuinely negate a required state of mind). If, on the other hand, the government wishes to treat OLC opinions as authoritative and a shield against prosecution or civil suit, then they must be called what they are — law — and made available to the public. Until that happens, the public will remain a victim of secret law, and there will be no one but the administration to blame.
Paul Merrell

Congress Seeks to undermine Iran Deal by Linking Iran with ISIS | Global Research - Cen... - 0 views

  • One of the consequences of the Iran Deal was the declaration by countless politicians that they were going to crack down on Iran’s sponsorship of terrorism. Even the White House signed on to this idea. Well now some of the backlash has officially begun: Congress is linking Iran with ISIS, even though Iran is fighting ISIS. [and ISIS is supported by the US, GR ed.] Few mainstream publications have picked up on the fact that in a response to the San Bernardino killings, the Congress last week passed legislation, which the president duly signed, that puts Iran in an axis of international-terrorist evil along with Syria, Iraq and Sudan. The legislation amends our country’s visa waiver program. Iranian dual nationals, as well as US citizens who have visited Iran, will need visas to get into the U.S. Reuters: Iranian Foreign Minister Mohammad Javad Zarif on Friday said it was “absurd” that Tehran should be included on the list. “No Iranian nor anybody who visited Iran had anything to do with the tragedies that have taken place in Paris or in San Bernardino or anywhere else,” he said in an interview with Middle East-focused website Al Monitor. Secretary of State John Kerry promptly met with Zarif, his Iranian counterpart, to assure him that the new law doesn’t undercut the Iran deal. But the Iranians say that the legislation is the result of pro-Israel lobbying. And even the State Department describes Iran as a state sponsor of terrorism.  
  •  Iranians say the bill reflects pro-Israel lobbying. Reuters: Iran said on Monday that Israeli lobbying was behind a new measure passed by the U.S. Congress that will prevent visa-free travel to the United States for people who have visited Iran or hold Iranian nationality. The measure, which President Barack Obama signed into law on Friday, also applies to Iraq, Syria and Sudan, and was introduced as a security measure after the Islamic State attacks in Paris and a similar attack in San Bernardino, California.
  • More from Reuters‘ description of the Israel lobby angle: Iran, a Shi’ite Muslim theocracy staunchly opposed to Sunni radicalism espoused by groups like Islamic State, says its inclusion on the list is intended to undermine a deal on its nuclear programme that Tehran reached with world powers, including the United States, in July, known as the JCPOA. Iranian Foreign Ministry spokesman Hossein Jaberi Ansari said in a televised news conference that the U.S. measure had been passed “under pressure from the Zionist lobby and currents opposed to the JCPOA”. The administration wants to have it both ways on blaming Iran. Yesterday on National Public Radio, Adam Szubin, the counter-terrorism finance under secretary at the Treasury Department, also put Iran in the category of ISIS, as an international terror deliverer: if you are familiar with the model of how al-Qaida or groups like Hamas and even Hezbollah have financed themselves, they’ve typically been heavily reliant on foreign donations, whether from state sponsors like Iran or whether from wealthy what we call deep-pocket donors, often in the Gulf. But that financing model is not ISIL. When you have a group that’s raising hundreds of millions of dollars in a year from internal sources, we don’t have those same chokepoints to go after in terms of the foreign flows.
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  • Meanwhile John Kerry is doing fancy footwork, explaining the legislation away, in a letter to Javad Zarif. we remain fully committed to the sanctions lifting provided for under the JCPOA. We will adhere to the full measure of our commitments, per the agreement. At the State Department briefing Monday, reporters questioned why the legislation didn’t amount to a violation of the Iran Deal:
  • Here is some more blindness in the media on these issues. NPR has continually deceived listeners about Sheldon Adelson’s agenda, and it did so again yesterday. Adelson is a leading opponent of the Iran Deal, as a supporter of Israel. He has called on President Obama to nuke Iran. But in a report on Adelson’s purchase of a Nevada newspaper, NPR once again leaves out the Israel angle of Adelson’s interests. It says blandly: Adelson is also prominently involved in national politics. That link is to a story about his on-line gambling concerns. But as Cory Bennett of the Hill said on CSPAN the other day– something I did not know till now– Iran is said to have undertaken a cyber-attack on Sheldon Adelson’s casino last year because of his call to nuke Iran.  The alleged cyber-attack:  Investigators determined that hacker activists were the ones who broke into servers belonging to the Las Vegas Sands Corporation in February 2014, costing the company more than $40 million in damages and data recovery costs, Bloomberg Businessweek reported Thusday citing a report by cybersecurity firm Dell SecureWorks. The hackers were acting in retaliation to the company’s CEO, casino magnate Sheldon Adelson’s statement that Obama should detonate a nuclear bomb in Tehran, which stirred controversy around the world. This is the battle behind the headlines. And in a transparent effort to get Adelson’s backing, as well as that of the Andrew Herenstein’s of the world, the neoconservative favorite in the Republican race, Senator Marco Rubio, has vowed to tear up the Iran deal on his first day in the White House if he’s elected. Thus the ideological war over how much the U.S. should support Israel is playing out in global terms; and our media are shying away from the story.
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    It's preposterous for Congress to say that Iran is associated with ISIL and for Obama to sign such a bill. Iran is one of the major military forces in the fight against ISIL in both Syria and Iraq.
Paul Merrell

Bowe Bergdahl to Face Court-Martial on Desertion Charges - The New York Times - 0 views

  • A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, a move that prompted a huge manhunt in the wilds of eastern Afghanistan and landed him in nearly five years of harsh Taliban captivity. The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence. That is a far more serious penalty than had been recommended by the Army’s investigating officer, who testified at the sergeant’s preliminary hearing in September that prison would be “inappropriate.”
  • According to Sergeant Bergdahl’s defense lawyers, the Army lawyer who presided over the preliminary hearing also recommended that he face neither jail time nor a punitive discharge and that he go before an intermediate tribunal known as a “special court-martial,” where the most severe penalty possible would be a year of confinement.
  • Monday’s decision rejecting that recommendation means that Sergeant Bergdahl now faces a maximum five-year penalty if ultimately convicted by a military jury of desertion, as well as potential life imprisonment on the more serious charge of misbehavior before the enemy, which in this case means endangering the troops who were sent to search for him after he disappeared.Sergeant Bergdahl has been the focus of attacks by Republicans in Congress and on the presidential campaign, and it is far from clear that General Abrams’s decision will temper their criticisms.Donald J. Trump, for one, has called the sergeant a “traitor” who should be executed, while Senator John McCain, Republican of Arizona and the chairman of the Armed Services Committee, has vowed to hold hearings if the sergeant is not punished.
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  • Last week, House Republicans issued a report portraying as reckless and illegal Mr. Obama’s decision in May 2014 to swap Sergeant Bergdahl for five Taliban detainees who were being held at Guantánamo Bay, Cuba.
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    A shame. There's a strong appearance that politics is playing a strong role in the military decision to prosecute Bergdahl. But 5 years in captivity would seem to be punishment enough to me.
Paul Merrell

State Department 'troubled' by Moscow's move against Soros groups | Fox News - 0 views

  • The U.S. State Department says it is “troubled” by Russia’s decision to ban two of liberal billionaire George Soros' pro-democracy charities and label the organizations a threat to national security. “Today’s designation of the Open Society Foundations and the Open Society Institute Assistance Foundation as so-called ‘undesirable’ organizations will only further restrict the work of civil society in Russia for the benefit of the Russian people,” State Department spokesman Mark Toner said Monday. “This action is yet another example of the Russian Government’s growing crackdown on independent voices and a deliberate step to further isolate the Russian people from the world.” A spokesperson from Russia’s Prosecutor General’s Office said the activities of the fund are threats to state security and the Russian constitution, Radio Free Europe reports. The Open Society Foundations said in a statement on its website that it was “dismayed” by the decision.
  • Prosecutors started investigating the charity fund in July after Russian senators flagged a list of 12 groups that required a closer look over their supposed anti-Russian activities, RT reports. Other groups on the list include the National Endowment for Democracy, the International Republican Institute, the MacArthur Foundation and Freedom House. Once a group in Russia is recognized as “undesirable,” its assets in the country must be frozen, its offices closed and the distribution of any of its materials is outlawed, RT reports. Violators of the ban could face heavy fines and jail time.
  •  
    A wise decision.
Paul Merrell

Killing Off Community Banks - Intended Consequence of Dodd-Frank? | WEB OF DEBT BLOG - 0 views

  • The Dodd-Frank regulations are so lethal to community banks that some say the intent was to force them to sell out to the megabanks. Community banks are rapidly disappearing — except in North Dakota, where they are thriving.  At over 2,300 pages, the Dodd Frank Act is the longest and most complicated bill ever passed by the US legislature. It was supposed to end “too big to fail” and “bailouts,” and to “promote financial stability.” But Dodd-Frank’s “orderly liquidation authority” has replaced bailouts with bail-ins, meaning that in the event of insolvency, big banks are to recapitalize themselves with the savings of their creditors and depositors. The banks deemed too big are more than 30% bigger than before the Act was passed in 2010, and 80% bigger than before the banking crisis of 2008. The six largest US financial institutions now have assets of some $10 trillion, amounting to almost 60% of GDP; and they control nearly 50% of all bank deposits.
  • Meanwhile, their smaller competitors are struggling to survive. Community banks and credit unions are disappearing at the rate of one a day. Access to local banking services is disappearing along with them. Small and medium-size businesses – the ones that hire two-thirds of new employees – are having trouble getting loans; students are struggling with sky-high interest rates; homeowners have been replaced by hedge funds acting as absentee landlords; and bank fees are up, increasing the rolls of the unbanked and underbanked, and driving them into the predatory arms of payday lenders. Even some well-heeled clients are being rejected. In an October 19, 2015 article titled  “Big Banks to America’s Firms: We Don’t Want Your Cash,” the Wall Street Journal reported that some Wall Street banks are now telling big depositors to take their money elsewhere or be charged a deposit fee. Municipal governments are also being rejected as customers. Bank of America just announced that it no longer wants the business of some smaller cities, which have been given 90 days to find somewhere else to put their money. Hundreds of local BofA branches are also disappearing.
  • Hardest hit, however, are the community banks. Today there are 1,524 fewer banks with assets under $1 billion than there were in June 2010, before the Dodd-Frank regulations were signed into law. Collateral Damage or Intended Result?
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  • Obviously, making the big banks bigger also serves the interests of the megabanks, whose lobbyists are well known to have their fingerprints all over the legislation. How they have been able to manipulate the rules was seen last December, when legislation drafted by Citigroup and slipped into the Omnibus Spending Bill loosened the Dodd-Frank regulations on derivatives. As noted in a Mother Jones article before the legislation was passed: The Citi-drafted legislation will benefit five of the largest banks in the country—Citigroup, JPMorgan Chase, Goldman Sachs, Bank of America, and Wells Fargo. These financial institutions control more than 90 percent of the $700 trillion derivatives market. If this measure becomes law, these banks will be able to use FDIC-insured money to bet on nearly anything they want. And if there’s another economic downturn, they can count on a taxpayer bailout of their derivatives trading business.
  • Regulation is clearly inadequate to keep these banks honest and ensure that they serve the public interest. The world’s largest private banks have been caught in criminal acts that former bank fraud investigator Prof. William K. Black calls the greatest frauds in history. The litany of frauds involves more than a dozen felonies, including bid-rigging on municipal bond debt; colluding to rig interest rates on hundreds of trillions of dollars in mortgages, derivatives and other contracts; exposing investors to excessive risk; and engaging in multiple forms of mortgage fraud. According to US Attorney General Eric Holder, the guilty have gone unpunished because they are “too big to prosecute.” If they are too big to prosecute, they are too big to regulate.
Paul Merrell

The Arab Spring: Made in the USA | Global Research - Centre for Research on Globalization - 0 views

  • Arabesque$: Enquête sur le rôle des États-Unis dans les révoltes arabes (Investigation into the US Role in the Arab Uprisings) is an update of Ahmed Bensaada’s 2011 book L’Arabesque Américaine. It concerns the US government role in instigating, funding and coordinating the Arab Spring “revolutions.” Most of this history has been carefully suppressed by the western media.The new book devotes much more attention to the personalities leading the 2011 uprisings. Some openly admitted to receiving CIA funding. Others had no idea because it was deliberately concealed from them. A few (in Egypt and Syria) were officially charged with espionage. In Egypt, seven sought refuge in the US embassy in Cairo and had to be evacuated by the State Department.
  • According to Bensaada, the MENA Arab Spring revolutions have four unique features in common: None were spontaneous – all required careful and lengthy (5+ years) planning, by the State Department, CIA pass through foundations, George Soros, and the pro-Israel lobby.1 All focused exclusively on removing reviled despots without replacing the autocratic power structure that kept them in power. No Arab Spring protests made any reference whatsoever to powerful anti-US sentiment over Palestine and Iraq. All the instigators of Arab Spring uprisings were middle class, well educated youth who mysteriously vanished after 2011.
  • Follow the Money Relying mainly on Wikileaks cables and the websites of key CIA pass through foundations (which he reproduces in the appendix), Bensaada methodically lists every State Department conference and workshop the Arab Spring heroes attended, the dollar amounts spent on them by the State Department and key “democracy” promoting foundations3, the specific involvement of Google, Facebook, Twitter and Obama’s 2008 Internet campaign team in training Arab Spring cyperactivists in encryption technologies and social media skills, US embassy visits, and direct encounters with Hillary Clinton,  Condoleezza Rice, John McCain, Barack Obama and Serbian trainers from CANVAS (the CIA-backed organization that overthrew Slobodan Milosevic in 2000). Bensaada focuses most heavily on the Tahrir Square uprising in Egypt. TheWashington Post has estimated approximately 10,000 Egyptians took part in NED and USAID training in social media and nonviolent organizing techniques. For me the most astonishing information in this chapter concerned the role of an Egyptian exile (a former Egyptian policeman named Omar Afifi Suleiman) in coordinating the Tahrir Square protests from his office in Washington DC. According to Wikileaks, NED paid Suleiman a yearly stipend of $200,000+ between 2008-2011.
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  • When Nonviolence Fails Arabesques$ devotes far more attention to Libya, Syria and Yemen than Bensaada’s first book. In the section on Libya, Bensaada zeroes in on eleven key US assets who engineered the overthrow of Gaddafi. Some participated in the same State Department trainings as the Middle East opposition activists and instigated nonviolent Facebook and Twitter protests to coincide with the 2011 uprisings in Tunisian and Egypt. Others, in exile, underwent guerrilla training sponsored by the CIA, Mossad, Chad and Saudi Arabia. A few months after Gaddafi’s assassination, some of these same militants would lead Islamic militias attempting to overthrow Assad in Syria. Between 2005 and 2010, the State Department funneled $12 million to opposition groups opposed to Assad. The US also financed Syrian exiles in Britain to start an anti-government cable TV channel they beamed into Syria. In the section on Syria, Bensaada focuses on a handful of Syrian opposition activists who received free US training in cyberactivism and nonviolent resistance beginning in 2006. One, Ausama Monajed, is featured in the 2011 film How to Start a Revolution about a visit with Gene Sharp in 2006. Monajed and others worked closely with the US embassy, funded by the Middle East Partnership Initiative (MEPI). This is a State Department program that operates in countries (such as Libya and Syria) where USAID is banned. In February 2011, these groups posted a call on Twitter and Facebook for a Day of Rage. Nothing happened. When Sharpian techniques failed to produce a sizable nonviolent uprising, as in Libya, they and their allies (Saudi Arabia, Turkey, Qatar and Jordan) were all set up to introduce Islamic mercenaries (many directly from Libya) to declare war on the Assad regime.
  • Dr. Bramhall is a retired American psychiatrist and political refugee in New Zealand. She has published a free, downloadable non-fiction ebook 21st Century Revolution.
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    Alas, the book is apparently available only in French. 
Paul Merrell

CIA Torture Architects Settle With Survivors Avoiding Publicity Of Trial - 0 views

  • Two psychologists, James Mitchell and Bruce Jessen, who were contracted by the CIA to develop torture techniques, agreed to a confidential settlement with torture survivors. The American Civil Liberties Union (ACLU) sued Mitchell and Jessen on behalf of Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the family of Gul Rahman. The lawsuit alleged the CIA contractors committed crimes that included water torture, forcing prisoners into boxes, and chaining prisoners in painful stress positions to walls.
  • Mitchell, Jessen, and plaintiffs agreed to release the following joint statement: Drs. Mitchell and Jessen acknowledge that they worked with the CIA to develop a program for the CIA that contemplated the use of specific coercive methods to interrogate certain detainees.” Plaintiff Gul Rahman was subjected to abuses in the CIA program that resulted in his death and in pain and suffering for his family. Plaintiffs Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud were also subjected to coercive methods in the CIA program, which resulted in pain and suffering for them and their families. Plaintiffs assert that they were subjected to some of the methods proposed by Drs. Mitchell and Jessen to the CIA and stand by their allegations regarding the responsibility of Drs. Mitchell and Jessen. Drs. Mitchell and Jessen assert that the abuses of Mr. Salim and Mr. Ben Soud occurred without their knowledge or consent and that they were not responsible for those actions. Drs. Mitchell and Jessen also assert that they were unaware of the specific abuses that ultimately caused Mr. Rahman’s death and are also not responsible for those actions.” Drs. Mitchell and Jessen state that it is regrettable that Mr. Rahman, Mr. Salim, and Mr. Ben Soud suffered these abuses.
  • The settlement comes after Judge Justin Quackenbush denied a last-ditch effort by Mitchell and Jessen to get the lawsuit dismissed. They invoked the cases of accused Nazi war criminals to argue they should not be held responsible for the torture techniques they developed. Quackenbush was not persuaded by the contractors’ arguments and suggested a “finder of fact” might conclude that since they were at secret detention sites they “exercised significant control during individual interrogations.”
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  • The settlement is monumental in the sense that James Mitchell and Bruce Jessen are the first individuals to be held responsible, to some degree, for CIA torture in the “War on Terrorism.” “This is a historic victory for our clients and the rule of law,” declared ACLU attorney Dror Ladin. “This outcome shows that there are consequences for torture and that survivors can and will hold those responsible for torture accountable. It is a clear warning for anyone who thinks they can torture with impunity.” However, the CIA investigated the actions of its personnel and determined not a single person committed a crime that deserved prosecution. President Barack Obama’s administration conducted a review of detention and interrogation practices, but they shied away from prosecuting any government officials or interrogators, who were implicated in carrying out torture.
  • The high point of public “accountability” was a study conducted by the Senate Select Committee on Intelligence. A summary of the report clearly established much of the extent to which the CIA carried out brutality against detainees and then sought to conceal it from those who might provide any kind of oversight. It was the Obama administration that opposed individuals, such as Ethiopian native Binyam Mohamed and Canadian citizen Maher Arar, as they sought to hold officials in President George W. Bush’s administration accountable. They took steps to prevent survivors from having their day in court, and that’s partly why the fact that this civil lawsuit nearly made it to trial was significant. With a U.S. president in office now who has praised waterboarding and other forms of torture, this is unlikely to be much of a deterrent on government officials who engage in torture or abuse. It may impact whether private contractors participate in the detention or interrogation of captives. Or it might lead private contractors to ensure there are more clearly laid out terms in contracts to prevent them from being held liable in courts. Still, the survivors achieved some semblance of justice, and given how rare any sliver of justice is when it comes to cases against people implicated in government-sponsored torture, this settlement is inarguably a remarkable outcome.
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    I was hoping to see this case go to trial. Now I'm hoping for the ACLU to turn loose of all the documents they received in discovery.
Paul Merrell

The Conservative Case Against Gina Haspel | The American Conservative - 0 views

  • Editor’s note: The author is a former CIA agent who was the first to confirm the agency’s secret waterboarding program and publicly describe it as “torture.” The government responded by charging him with leaking classified information to a reporter after which he was convicted and spent 30 months in a high-security federal prison from 2013 to 2015.
  • That brings us back to Gina Haspel. I have no doubt that she considers herself to be a patriot, as her supporters do. But that’s not the issue here. The issue is respect for the rule of law. Since the end of World War II, we have had laws in this country that specifically ban exactly those torture techniques implemented and overseen by Gina Haspel at a secret prison overseas. And the United States is a signatory to the United Nations Convention Against Torture. Indeed, we were the primary drafters of that measure, which, having been ratified by the Senate, has the force of law in the United States. If Gina Haspel had any doubts about her “orders” from the CIA hierarchy, she had only to look at recent history. Just after the end of World War II, the United States executed Japanese soldiers who had waterboarded American prisoners of war. Similarly, in January 1968, the Washington Post published a front-page photo of an American soldier waterboarding a North Vietnamese prisoner. Secretary of Defense Robert McNamara ordered an investigation. The soldier was arrested, charged with torture, convicted, and sentenced to 20 years at Leavenworth. Torture was illegal in 1946. It was illegal in 1968. And it was illegal in 2002, no matter what Bush Justice Department officials John Yoo and Jay Bybee said. The law was clear.
Paul Merrell

The REAL Reason Trump Fired Comey - (Worse Than You Think) | StormCloudsGathering - 0 views

  • Trump is dirty, he’s fully compromised, but not in the way most of his critics assume. Both Trump and Bill Clinton were frequent fliers aboard the Lolita Express with Jeffery Epstein. Epstein is the billionaire pedophile who got busted running an elite child prostitution ring. Victims testified that Epstein had them sleep with rich and powerful men from around the world. They also said that he directed them to collect information on these men. He referred to this as “investing in people”.
  • f this deal: Prosecutors agreed not to bring far more serious federal charges against Epstein, and not to charge “potential co-conspirators”, including four named individuals. From the Guardian Trump’s name came up several times in this case, and in a separate criminal complaint which accused both Epstein and Trump of raping a minor.
  • The judge that let Epstein off with a slap on the wrist and protected the other predators was a man named Alexander Acosta. That would be the same Alexander Acosta that Trump nominated as Labor Secretary. I’m sure that’s just a coincidence. Trump has tried to pretend that he hardly knew Epstein, but he made the following quote in an interview in 2002: “He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side. No doubt about it – Jeffrey enjoys his social life.” Trump in 2002
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  • Now Mr. Comey did behave in a bizarre fashion during the Election. We won’t dive into the details here (lots of wedge issues there). But if you look at that story again in the context of a network of compromised politicians, royalty and ceo’s, one could make the case that it played out something like this: Comey was ordered to stand down. He resisted at first. He saw evidence of corruption. So levers were pulled. Bill Clinton’s conversation with Loretta Lynch on the tarmac was part of this, but we’ll probably never know the full extent. Everyone has skeletons in their closets. Very few have the integrity to do what’s right when facing total ruin.
  • Comey capitulated, but not before he demonstrated that he has a disobedient streak. This combined with the fact that he presided over the FBI during the investigation into the Lolita Express and therefore has access to information that could destroy Trump, Clinton and ultimately a whole gaggle of well placed puppets makes him a liability. Trump’s handlers want Comey replaced with someone who is compromised, and compliant, with a spotless public image.
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