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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

Boston Marathon Bombings' Guilty Verdict Exposed as a Gross Travesty of Justice | Globa... - 0 views

  • With the official government narrative of the 9/11 attack filled with a plethora of lies that have since been subsequently exposed, the next biggest “war on terror” event on US soil that the feds failed to stop was the April 2013 Boston Marathon bombings. And now the lone living suspect from that horrific crime that killed three people, left 17 limbless and injured 264 victims (though that number’s been accused of being purposely inflated) has now been found guilty of all 30 counts after the jury’s 11 hour deliberation earlier this week. As we mark the second anniversary of this tragic event and the second and final phase of the trial beginning on Monday that will decide the fate of Dzhokhar Tsarnaev – whether he’ll live out the rest of his life in prison or be put to death, a critical review of preceding events and developments surrounding his high profile, extremely significant case seems both timely and much needed.
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    A must-read. The Boston bombing case has cover-up of government involvement dripping from every edge, evidence that was excluded or never raised in the trial.  
Paul Merrell

Lawsuit for 2010 Gaza Flotilla Deaths Filed in US Court Against former Israeli Prime Mi... - 0 views

  • A lawsuit in the United States has been filed against former Israeli Prime Minister and Defense Minister Ehud Barak for his role in the 2010 Israeli commando attack upon the Gaza Freedom Flotilla in which 8 Turkish citizens and one American citizen were executed by Israeli forces and over fifty Turkish passengers were wounded.  The trial will be the first time a former Israeli Prime Minister will be put on trial for reasons of international terrorism. The family of Furkan Doğan, the American citizen who was assassinated in the attack, filed the lawsuit in the Central District Court of California and notice of the trial was handed to Barak last night, October 20, in Los Angeles when he spoke in the Distinguished Speaker series of Southern California  (http://speakersla.com/speakers/ehud-barak/).  According to a press release (http://mavi-marmara.ihh.org.tr/en/main/news/0/case-opened-against-former-israeli-pm-ehud-ba/2969) from the Turkish International Humanitarian organization that sponsored the Mavi Marmara ship,  charges against Barak include his planning and leadership in the murder of Furkan Doğan and others in international waters, Willful killing, attempted willful killing, intentionally causing serious injury to body or health, international terrorism, plundering, intentionally causing damage to property, restriction of people's freedom and instigating violent crimes. 
  • American attorneys Hydee Dijsktal and Dan Stormer, the British law firm, Stoke & White, British Professor Dr. Geoffrey Nice and UK attorney Rodney Dixon are the legal team for the Dogan family. Ehud Barak was almost arrested in France in 2010 when he went to a weapons expo. by hopping off the plane last minute with the trial opened against him by the wives of martyrs in France. Other legal proceedings against Barak and other senior members of the Israeli government are in the works.  In 2010 in France, the widows of Cevdet Kılıçlar and Necdet Yıldırım, two others executed by Israeli commandos, brought a lawsuit against Barak which he evaded when he was informed of the French lawsuit as he was about to deplane in Paris to attend a weapons expo in France. In the case brought in the International Criminal Court (ICC), the ICC prosecutor has ruled that the attack by Israeli commandos upon the Mavi Marmara in the Gaza Freedom Flotilla was a war crime. Additionally, the 7th High Criminal Court in Istanbul, Turkey has issued a “red notice” for the arrest of four senior Israeli government officials in a lawsuit filed in Turkey http://www.incanews.net/en/turkey/313/turkish-court-orders-arrest-of-4-israeli-officials . The Israeli officials named by the court are Israel's former Chief of Staff Gabi Ashkenazi, former navy chief Eliezer Marom, former military intelligence head Amos Yadlin and former air force intelligence chief Avishai Levy.
  • Due to political considerations dealing with the State of Israel, the Ministry of Justice of Turkey has delayed sending to Interpol the “red notice” much to the consternation of those seeking justice.
Paul Merrell

Ousted South Korean leader behind bars after arrest on bribery charges | Reuters - 0 views

  • Ousted South Korean leader Park Geun-hye was behind bars in the Seoul Detention Centre on Friday after her arrest, on charges including bribery, in a corruption scandal that has brought low some of the country's business and political elite.In a dramatic fall from power, Park, 65, became South Korea's first democratically elected leader to be thrown out of office. She is accused of colluding with a friend, Choi Soon-sil, to pressure big businesses to contribute funds to foundations that backed her policy initiatives.She and Choi, who is already in custody and on trial, deny any wrongdoing. In the early hours of Friday, the Seoul Central District Court approved prosecutors' request for an arrest warrant for Park after she gave about eight hours of testimony.Park and her lawyers had argued that she should not be arrested because she did not pose a flight risk and would not try to tamper with evidence. But the court disagreed, and said she might try to manipulate evidence.
  • Prosecutors now have 20 days to build their case while Park remains in detention.Park's removal from office capped months of paralysis and turmoil over the corruption scandal that also landed the head of the Samsung Group, South Korea's largest "chaebol", or family-run conglomerate, in detention and on trial.
  • Park's impeachment on March 10, which upheld a parliamentary vote in December, effectively left a political vacuum with only an interim president in place before a snap May 9 election.Liberal opposition politician Moon Jae-in is leading in opinion polls and is expected to win that election."The arrest of the former president Park amounts to upholding the people's stern order to build a country where justice and common sense stand firm," Moon's spokesman, Park Kwang-on, said in a statement.
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  • Prosecutors said on Monday Park was accused of soliciting companies for money and infringing upon the freedom of corporate management in her position as president.She could face more than 10 years in jail if convicted of receiving bribes from chaebol bosses, including Samsung Group chief Jay Y. Lee, in return for favors.Lee, who denies charges that he provided bribes in return for favors for Samsung, is in detention in the same facility as Park and on trial separately.After several preliminary hearings, Lee's trial will begin on April 7.
Gary Edwards

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

  • 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/
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    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
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    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,.
Gary Edwards

Chilling legal memo from Obama DOJ justifies assassination of US citizens - Tea Party - 0 views

  • Chilling legal memo from Obama DOJ justifies assassination of US citizens
  • The president’s partisan lawyers purport to vest him with the most extreme power a political leader can seize (The Guardian) – The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield. The Obama administration has not only asserted exactly that power in theory, but has exercised it in practice. In September 2011, it killed US citizen Anwar Awlaki in a drone strike inYemen, along with US citizen Samir Khan, and then, in circumstances that are still unexplained, two weeks later killed Awlaki’s 16-year-old American son Abdulrahman with a separate drone strike in Yemen.
  • a Washington Post article from October reported that the administration is formally institutionalizing this president’s power to decide who dies under the Orwellian title “disposition matrix”.
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  • What has made these actions all the more radical is the absolute secrecy with which Obama has draped all of this. Not only is the entire process carried out solely within the Executive branch - with no checks or oversight of any kind – but there is zero transparency and zero accountability. The president’s underlings compile their proposed lists of who should be executed, and the president – at a charming weekly event dubbed by White House aides as “Terror Tuesday” – then chooses from “baseball cards” and decrees in total secrecy who should die. The power of accuser, prosecutor, judge, jury, and executioner are all consolidated in this one man, and those powers are exercised in the dark.
  • The Most Transparent Administration Ever™ has been so fixated on secrecy that they have refused even to disclose the legal memoranda prepared by Obama lawyers setting forth their legal rationale for why the president has this power.
  • During the Bush years, when Bush refused to disclose the memoranda from his Office of Legal Counsel (OLC) that legally authorized torture, rendition, warrantless eavesdropping and the like, leading Democratic lawyers such as Dawn Johnsen (Obama’s first choice to lead the OLC) vehemently denounced this practice as a grave threat, warning that “the Bush Administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public of legal interpretations by the [OLC] upsets the system of checks and balances between the executive and legislative branches of government.”
  • But when it comes to Obama’s assassination power, this is exactly what his administration has done. It has repeatedly refused to disclose the principal legal memoranda prepared by Obama OLC lawyers that justified his kill list. It is, right now, vigorously resisting lawsuits from the New York Times and the ACLU to obtain that OLC memorandum. In sum, Obama not only claims he has the power to order US citizens killed with no transparency, but that even the documents explaining the legal rationale for this power are to be concealed. He’s maintaining secret law on the most extremist power he can assert.
  • Last night, NBC News’ Michael Isikoff released a 16-page “white paper”prepared by the Obama DOJ that purports to justify Obama’s power to target even Americans for assassination without due process (the memo is embedded in full below). This is not the primary OLC memo justifying Obama’s kill list – that is still concealed – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.
  • there are numerous points that should be emphasized about the fundamentally misleading nature of this new memo:
  • 2. Creating a ceiling, not a floor
  • 1. Equating government accusations with guilt
  • 3. Relies on the core Bush/Cheney theory of a global battlefield
  • 4. Expanding the concept of “imminence” beyond recognition
  • The memo is authorizing assassinations against citizens in circumstances far beyond this understanding of “imminence”. Indeed, the memo expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack . . . will take place in the immediate future”. The US routinely assassinates its targets not when they are engaged in or plotting attacks but when they are at home, with family members, riding in a car, at work, at funerals, rescuing other drone victims, etc.
  • “This is a chilling document” because “it argues that the government has the right to carry out the extrajudicial killing of an American citizen” and the purported limits “are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
  • 6. Making a mockery of “due process”
  • Stephen Colbert perfectly mocked this theory when Eric Holder first unveiled it to defend the president’s assassination program. At the time, Holder actually said: “due process and judicial process are not one and the same.” Colbert interpreted that claim as follows: “Trial by jury, trial by fire, rock, paper scissors, who cares?Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”
  • here we are almost a full decade later. And we have the current president asserting the power not merely to imprison or eavesdrop on US citizens without charges or trial, but to order them executed – and to do so in total secrecy, with no checks or oversight.
Paul Merrell

Toxic US corporate culture 'unchanged': watchdog - Yahoo News - 0 views

  • Five years after the US financial crisis forced the massive government TARP bailout, the US corporate culture remains toxic and breeding crime, the watchdog for the bailout program said Tuesday.More than 300 people in the banking, housing and securities industries are in the hands of the criminal system, whether it is a charge, a conviction or a sentencing, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) said in a quarterly report to Congress."The financial system has stabilized, but the toxic corporate culture that led up to the crisis and TARP has not sufficiently changed," said Christy Romero, the special inspector general."At the core of the crisis was a pervasive culture at institutions of rampant risktaking and greed combined with significant unchecked power," she said.
  • SIGTARP was launched in early 2009 to detect fraud in the massive TARP bailout program. Within weeks of the Lehman Brothers bankruptcy, the government set up the $700 billion TARP to prop up the collapsing financial system. In 2010, the cap on the Treasury's authority to purchase and guarantee assets under TARP was reduced to $475 billion.To date, 65 people have been sentenced to prison for their crimes investigated by SIGTARP and its law enforcement partners, 112 have been convicted and await sentencing and 154 individuals have been criminally charged and face trial on those charges, the report said.In addition, 60 people have been banned from their industries."Many of these defendants were at the highest levels of banks or companies that applied for or received TARP bailout money. They were trusted to exercise good judgment and make sound decisions. However, they abused that trust. Many times they abused that trust for their own personal benefit," the report said.
  • As of September 30 Treasury had $30.7 billion in write-offs, losses or money not collectible from the program, according to the report."Treasury's write-offs and realized losses are money that taxpayers will never get back. Treasury generally expects the amounts currently not collectible will also be lost," the agency said.The watchdog was harshly critical of the Treasury's oversight of the Hardest Hit Fund, set up in February 2010 to help families in places hurt the most by the housing crisis.The Treasury allocated $7.6 billion in TARP funds for the HHF program in 18 states and Washington, DC, administered by local authorities.But states have reduced their proposed numbers of homeowners needing help, and the Treasury has ignored the SIGTARP's conclusions of an audit reported in April 2012.
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  • "Rather than fix the problem that SIGTARP warned Treasury about in its audit, Treasury allowed the problem to get worse. Rather than following SIGTARP’s recommendations, which were designed to make Treasury and states set goals and work hard to achieve those goals, Treasury is refusing to hold itself or the states accountable to any goal of the number of homeowners to be assisted in HHF, and the result has been that the program is reaching far fewer homeowners than the states expected," the agency said.As of June 30, 2013, the latest data available, it said, states had spent only 22 percent, or $1.7 billion, of the TARP funds and the program had helped only 27 percent of the homeowners that states had anticipated helping in 2011.
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    So many convictions. But somehow, I missed the news about executives at the too-big-to-fail banks being even prosecuted, let alone being convicted. But I did hear about a few of them becoming Obama Administration officials and bankster industry regulators. I'd really like to see a breakdown of who was convicted, of what, and their former positions. And for the 154 awaiting trial, what they're charged with and the positions they occupied at the relevant times. Forgive me for my cynicism, but those in charge of the too-big-to-fail frauds seem to be buying deals not to prosecute people criminally in return for civil penalties that are far less than the money gained by their frauds. Perhaps a relevant reform would be to limit the Justice Department and SEC's ability to bring civil cases against corporations to situations in which they have already secured a criminal conviction of one or more of the the company's principles?  Civil penalties levied against corporations have done little to deter bankster fraud. 
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human Rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human Rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
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  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
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    So finally the locations of at least some of the CIA "black sites" are out in the open. 
Paul Merrell

Now the truth emerges: how the US fuelled the rise of Isis in Syria and Iraq | Seumas M... - 0 views

  • The war on terror, that campaign without end launched 14 years ago by George Bush, is tying itself up in ever more grotesque contortions. On Monday the trial in London of a Swedish man, Bherlin Gildo, accused of terrorism in Syria, collapsed after it became clear British intelligence had been arming the same rebel groups the defendant was charged with supporting. The prosecution abandoned the case, apparently to avoid embarrassing the intelligence services. The defence argued that going ahead withthe trial would have been an “affront to justice” when there was plenty of evidence the British state was itself providing “extensive support” to the armed Syrian opposition. That didn’t only include the “non-lethal assistance” boasted of by the government (including body armour and military vehicles), but training, logistical support and the secret supply of “arms on a massive scale”. Reports were cited that MI6 had cooperated with the CIA on a “rat line” of arms transfers from Libyan stockpiles to the Syrian rebels in 2012 after the fall of the Gaddafi regime. Clearly, the absurdity of sending someone to prison for doing what ministers and their security officials were up to themselves became too much. But it’s only the latest of a string of such cases. Less fortunate was a London cab driver Anis Sardar, who was given a life sentence a fortnight earlier for taking part in 2007 in resistance to the occupation of Iraq by US and British forces. Armed opposition to illegal invasion and occupation clearly doesn’t constitute terrorism or murder on most definitions, including the Geneva convention.
  • But terrorism is now squarely in the eye of the beholder. And nowhere is that more so than in the Middle East, where today’s terrorists are tomorrow’s fighters against tyranny – and allies are enemies – often at the bewildering whim of a western policymaker’s conference call.
  • A revealing light on how we got here has now been shone by a recently declassified secret US intelligence report, written in August 2012, which uncannily predicts – and effectively welcomes – the prospect of a “Salafist principality” in eastern Syria and an al-Qaida-controlled Islamic state in Syria and Iraq. In stark contrast to western claims at the time, the Defense Intelligence Agency document identifies al-Qaida in Iraq (which became Isis) and fellow Salafists as the “major forces driving the insurgency in Syria” – and states that “western countries, the Gulf states and Turkey” were supporting the opposition’s efforts to take control of eastern Syria. Raising the “possibility of establishing a declared or undeclared Salafist principality”, the Pentagon report goes on, “this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran)”.
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  • Which is pretty well exactly what happened two years later. The report isn’t a policy document. It’s heavily redacted and there are ambiguities in the language. But the implications are clear enough. A year into the Syrian rebellion, the US and its allies weren’t only supporting and arming an opposition they knew to be dominated by extreme sectarian groups; they were prepared to countenance the creation of some sort of “Islamic state” – despite the “grave danger” to Iraq’s unity – as a Sunni buffer to weaken Syria. That doesn’t mean the US created Isis, of course, though some of its Gulf allies certainly played a role in it – as the US vice-president, Joe Biden, acknowledged last year. But there was no al-Qaida in Iraq until the US and Britain invaded. And the US has certainly exploited the existence of Isis against other forces in the region as part of a wider drive to maintain western control.
  • The calculus changed when Isis started beheading westerners and posting atrocities online, and the Gulf states are now backing other groups in the Syrian war, such as the Nusra Front. But this US and western habit of playing with jihadi groups, which then come back to bite them, goes back at least to the 1980s war against the Soviet Union in Afghanistan, which fostered the original al-Qaida under CIA tutelage. It was recalibrated during the occupation of Iraq, when US forces led by General Petraeus sponsored an El Salvador-style dirty war of sectarian death squads to weaken the Iraqi resistance. And it was reprised in 2011 in the Nato-orchestrated war in Libya, where Isis last week took control of Gaddafi’s home town of Sirte. In reality, US and western policy in the conflagration that is now the Middle East is in the classic mould of imperial divide-and-rule. American forces bomb one set of rebels while backing another in Syria, and mount what are effectively joint military operations with Iran against Isis in Iraq while supporting Saudi Arabia’s military campaign against Iranian-backed Houthi forces in Yemen. However confused US policy may often be, a weak, partitioned Iraq and Syria fit such an approach perfectly.
  • What’s clear is that Isis and its monstrosities won’t be defeated by the same powers that brought it to Iraq and Syria in the first place, or whose open and covert war-making has fostered it in the years since. Endless western military interventions in the Middle East have brought only destruction and division. It’s the people of the region who can cure this disease – not those who incubated the virus.
Paul Merrell

First Israeli jailed without trial in sweep over West Bank arson | Reuters - 0 views

  • Israel jailed a suspected Jewish militant without trial on Tuesday, the first application of the controversial measure against a citizen in a government-ordered crackdown following the lethal torching of a Palestinian home. The suspect, Mordechai Meyer, a resident of a Jewish settlement in the occupied West Bank, was arrested and placed under so-called "administrative detention" for six months, Israel's Defense Ministry said in a statement. It accused him of "involvement in violent activity and recent terrorist attacks as part of a Jewish terror group".Administrative detention, under which Israel holds hundreds of Palestinians and which civil liberties groups deplore as a blow to due process of the law, was among new measures Prime Minister Benjamin Netanyahu's security cabinet approved for Jews suspected in Friday's arson in the West Bank. The attack killed a Palestinian toddler and severely injured three relatives. Detention without trial is required, Israel says, to prevent further violence in cases where there is insufficient evidence to prosecute, or where going to court would risk exposing the identity of secret informants. Two other Israelis with ties to far-right Jewish groups, Meir Ettinger and Eviatar Salonim, were arrested this week. Police said the former was remanded in custody pending further investigation but was not placed under administrative detention. They did immediately detail Salonim's terms.
Paul Merrell

Turkish court issues "historic" arrest warrants for Israeli army commanders | The Elect... - 0 views

  • A court in Istanbul has issued arrest warrants against four Israeli military officials for their role in authorizing and carrying out the attacks on the Mavi Marmara, the Turkish humanitarian aid boat bound for Gaza on 31 May 2010. Israeli forces attacked and raided the boat, which was part of a flotilla in international waters and was attempting to break the siege on Gaza. Israeli commandos killed nine civilians and wounded dozens of others. Speaking to The Electronic Intifada, Rabia Yurt, a Turkish attorney for the families of the victims, says the ruling is unprecedented. Yurt says it is “the first [time] in history” that arrest warrants have been issued against Israeli officials, who have never been held responsible in an international court for the army’s “uncountable crimes.”
  • The judges presiding at the Istanbul Çağlayan Courthouse on 26 May ordered arrest warrants against former Israeli army Chief General Gabi Ashkenazi, Naval Forces commander Vice Admiral Eliezer Marom, Israeli military intelligence chief Major General Amos Yadlin and Air Forces Intelligence head Brigadier General Avishai Levi. It is now up to Interpol, the international police agency, to follow the Turkish court’s directives and arrest the four commanders, who were tried in absentia. This was the sixth trial so far in the case against the Israeli leaders for their role in the deadly attacks on the flotilla.
  • After the deadly raid on the Mavi Marmara, Israeli forces kidnapped the crew and hundreds of the flotilla’s passengers, bringing the boats and all aboard to an Israeli port, where the human rights activists were arrested, detained and deported. One of the civilians killed was Furkan Doğan, a 19-year-old dual citizen of Turkey and the US. The Center for Constitutional Rights stated that “Israeli commandos shot Furkan five times, including one shot to the head at point-blank range. At the time of the attack, it is believed Furkan was filming with a small video camera on the top deck of the Mavi Marmara.” A tenth activist, 51-year-old Turkish citizen Uğur Süleyman Söylemez, died on 23 May — days before the court’s decision, and nearly four years after Israeli forces shot him in the head. Söylemez was in a coma ever since his injury.
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  • “The court argued that an arrest warrant had become necessary for the legal procedure as the defendants had neither attended the trial nor responded to an invitation sent to them through the related department of the Turkish justice ministry,” reported Turkish daily Hurriyet on 30 May. The Turkish humanitarian group IHH (Humanitarian Relief Foundation), which sponsored and helped organize the aid flotilla in 2010 and has been helping to represent the families of those killed, stated in a press release last week that the ruling was a “positive outcome” for the relatives and loved ones of the ten Turkish citizens who were killed by Israeli attacks. Last year, as The Electronic Intifada reported, the prosecutor of Spain’s national court formally requested a judge to begin steps to refer a case against Israeli leaders for the attack to the International Criminal Court (ICC). Three Spanish citizens, Manuel Tapial, Laura Arau and David Segarra, were aboard the Mavi Marmara when it was attacked and commandeered. Tapial, Arau and Segarra filed the case against Israeli Prime Minister Benjamin Netanyahu, six ministers and Vice Admiral Eliezer Marom of the Israeli navy who led the attack.
  • However, we are optimistic, because Turkey is a democratic country. It is part of and is a signatory to the European extradition convention and signed to Interpol, and therefore all other countries who are also signatories to these conventions and institution have an obligation to indeed arrest these Israeli officials for whom the arrest warrants were issued. So we have to trust [this] and we have to keep our faith in this. And we also know that — remember that this trial started way back in 2012 — the Israeli soldiers wouldn’t travel around too much, especially not go to Turkey. We know that Israeli soldiers were complaining about this. For instance, there was a case of an Israeli soldier who filed a claim against the State of Israel because he wanted to study in the United States, but because he took part in this operation he could not set foot out of Israel. So because we know this, we are quite optimistic about the arrest warrants, that they will be in fact implemented by other countries.
  • NBF: Finally, what’s next in this case on behalf of now ten victims of Israel’s raid, how are you pushing forward in this case? RY: In December, there is going to be another hearing, and we’re just going to make sure that the entire world will know about this arrest warrant, that we will follow whether any of these four defendants steps foot outside of Israel. We have lawyers in different countries also working together, and in South Africa, in the UK, many, many countries more — they will also closely follow whether these four defendants will travel in these countries. And then if this is the case, we will immediately take action and make sure that if the country in which one of the four defendants steps foot refuses, or neglects to fulfill its obligation to arrest [the defendant], then we will make sure that that country will not get away with it. And we will push for it, and publicize this as much as we can.
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    A historic day indeed. Turkey is a member of both NATO and INTERPOL. Four high-ranking Israeli military officers will be on the INTERPOL arrest list soon, with a network of human rights lawyers around the world on the watch and ready to enforce INTERPOL arrest obligations. In other words, these officers' travel outside Israel will be very unlikely to include INTERPOL treaty nations and European extradition convention nations as either destinations or waypoints. The deterrent effect on Israeli government officials is considerable, particularly with another criminal prosecution pending in Spain. Fittingly, the Turkish court has aimed its message at high military officials who directed the assassinations rather than at the low-ranking soldiers who committed them. Message to high Israeli officials: be nice to Turkish citizens if you want to ever travel outside Israel.  One can only wish that the same message had been delivered about American citizens. The victim shot five times including a point blank shot to the head was an American citizen. Many of the kidnaped human rights people on the Navi Marmara and accompanying boats were Americans. One of the boats was American-flagged. Under international law, these actions were casus belli, a sufficient cause for military retaliation against the government of Israel. But the cowardly Obama and Secretary of State Hillary Clinton did not so much as lodge a diplomatic protest, so fearful they are of the powerful Israel Lobby. 
Paul Merrell

U.S. is Responsible for the Ebola Outbreak in West Africa: Liberian Scientist | Global ... - 0 views

  • Dr. Cyril Broderick, A Liberian scientist and a former professor of Plant Pathology at the University of Liberia’s College of Agriculture and Forestry says the West, particularly the U.S. is responsible for the Ebola outbreak in West Africa. Dr. Broderick claims the following in an exclusive article published in the Daily Observer based in Monrovia, Liberia. He wrote the following: The US Department of Defense (DoD) is funding Ebola trials on humans, trials which started just weeks before the Ebola outbreak in Guinea and Sierra Leone. The reports continue and state that the DoD gave a contract worth $140 million dollars to Tekmira, a Canadian pharmaceutical company, to conduct Ebola research. This research work involved injecting and infusing healthy humans with the deadly Ebola virus. Hence, the DoD is listed as a collaborator in a “First in Human” Ebola clinical trial (NCT02041715, which started in January 2014 shortly before an Ebola epidemic was declared in West Africa in March.
  • Is it possible that the United States Department of Defense (DOD) and other Western countries are directly responsible for infecting Africans with the Ebola virus? Dr. Broderick claims that the U.S. government has a research laboratory located in a town called Kenema in Sierra Leone that studies what he calls “viral fever bioterrorism”, It is also the town where he acknowledges that is the “epicentre of the Ebola outbreak in West Africa.” Is it a fact? Is Dr. Broderick a conspiracy theorist? He says that “there is urgent need for affirmative action in protecting the less affluent of poorer countries, especially African citizens, whose countries are not as scientifically and industrially endowed as the United States and most Western countries, sources of most viral or bacterial GMOs that are strategically designed as biological weapons.” He also asks an important question when he says “It is most disturbing that the U. S. Government has been operating a viral hemorrhagic fever bioterrorism research laboratory in Sierra Leone. Are there others?”
  • Dr. Broderick summarized what average people can do to prevent governments, especially those from the West from creating and exposing populations from diseases they experiment with in laboratories: The challenge is global, and we request assistance from everywhere, including China, Japan, Australia, India, Germany, Italy, and even kind-hearted people in the U.S., France, the U.K., Russia, Korea, Saudi Arabia, and anywhere else whose desire is to help. The situation is bleaker than we on the outside can imagine, and we must provide assistance however we can. To ensure a future that has less of this kind of drama, it is important that we now demand that our leaders and governments be honest, transparent, fair, and productively engaged. They must answer to the people. Please stand up to stop Ebola testing and the spread of this dastardly disease.
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  • After Guatemala’s ordeal with the U.S. government who deliberately infected people with syphilis, West African nations should be extremely skeptical about the U.S. government’s actions combating Ebola. Professor Francis Boyle of the University of Illinois, College of Law questions the Obama administration’s actions in West Africa. RIA Novosti recently interviewed Boyle and he said the following: US government agencies have a long history of carrying out allegedly defensive biological warfare research at labs in Liberia and Sierra Leone. This includes the Centers for Disease Control and Prevention (CDC), which is now the point agency for managing the Ebola spill-over into the US,” Prof. Francis Boyle said. Why has the Obama administration dispatched troops to Liberia when they have no training to provide medical treatment to dying Africans? How did Zaire/Ebola get to West Africa from about 3,500km away from where it was first identified in 1976?” That’s a good question for Washington, but would the public get any answers? Not anytime soon, since it took more than 62 years for the  Guatemala syphilis experiments to be exposed to the public, not by the US government, by a medical historian.
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    Many years ago, there was a fairly large leak of U.S. Army Chemical, Bological, and Radiological Warfare Command documents that I used to have copies of. They left no doubt that ebola was one of the biological warfare agents the Ft. Detrick boys were playing with. Supposedly, the U.S. has since ceased all experimentation with such agents for offensive purposes, but still continues such research for defensive purposes. So, while I'd like to see more confirmation, this report is not beyond credibility to me. 
Paul Merrell

Deported by US to Turkey, Palestinian activist Dr. Sami Al-Arian speaks out | The Elect... - 0 views

  • More than six months after the US government finally dropped all charges against Dr. Sami Al-Arian, the stateless Palestinian academic and activist was deported yesterday to Turkey. During his appearance on Democracy Now! today, Dr. Al-Arian expressed relief that his twelve-year-long persecution in the US, where he lived for forty years, had finally come to an end. “It feels like I’m free, finally really feeling freedom for the first time in twelve years,” Dr. Al-Arian said.
  • During the half-hour segment, Dr. Al-Arian revealed how he campaigned for George W. Bush, helping him win crucial votes from the Muslim community that would clinch his 2000 presidential election victory in the decisive state of Florida. Dr. Al-Arian was very active politically, and had visited the White House several times during both the Bush and Clinton administrations. Regarding his role in Bush’s election, Dr. Al-Arian said that he received a call “from someone who was very close to [Bush advisor] Karl Rove” asking how the campaign could win the endorsement of the Muslim American community. Dr. Al-Arian told this contact that Bush needed to declare his support for proposed legislation against secret evidence being used against Arab and Muslim Americans. During the second presidential candidate debate, Dr. Al-Arian told Democracy Now!, Bush did just that, securing the support of Muslim and Arab American leaders.
  • His administration had invited these leaders to the White House after Bush took office for a big announcement of good news regarding the legislation. “Unfortunately, it was on 9/11,” Dr. Al-Arian said, referring to the 11 September 2001 attacks in the US. “So that meeting never happened.” Instead, the country went in a very different direction. “At the time, we were protesting secret evidence,” Dr. Al-Arian added. “What happened after 9/11 is that they were arresting people with no evidence.”
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  • Despite this plea deal, Dr. Al-Arian was subpoenaed for a separate prosecution and then hit with contempt charges in March 2008 and issued two more subpoenas in the following year. Now under house arrest, Dr. Al-Arian’s case languished in the courts for years until the government finally moved to dismiss in June of last year. Regarding the saga endured by Dr. Al-Arian, Qamar and Azhar write: Reading the case files is an exercise in bewildering consternation. How did a man who was never convicted by a jury of his peers end up serving five years in prison and four and a half years under house arrest? Several lawyers we consulted point to the unique nature of the case, perhaps unprecedented even in the annals of bizarre government judicial practices since 11 September 2001.
  • “In the hopes of escaping an indefinite legal battle that would keep him in jail, Al-Arian opted to plead guilty for one of the less serious charges, which accused him of sending money to a Palestinian charity before the US government made it illegal to do so,” Khadijah Qamar and Hamdan Azhar recounted for The Electronic Intifada last year. “The judge gave him a 57-month sentence, most of which he had already served, with the promise of deportation by April 2007,” Qamar and Azhar added.
  • After he was fired from the University of South Florida following two years of administrative leave and a lengthy smear campaign that began with “vicious” attacks on him by right-wing Fox News pundit Bill O’Reilly, Dr. Al-Arian found himself a target of the newly passed Patriot Act. In February 2003, as Democracy Now! host Amy Goodman explained today, “The Justice Department handed down a sweeping fifty count indictment against him and seven other men, charging them with conspiracy to commit murder, giving material support to terrorists, extortion, perjury and other offenses. He was held in solitary confinement leading up to the trial.” That trial ended in 2005 with the jury failing to return a single guilty verdict, acquitting Dr. Al-Arian of eight of the seventeen counts he was tried on. But the government’s efforts did not end there, as the prosecution threatened a retrial of the nine charges on which the jury had deadlocked. Dr. Al-Arian chose to spare himself a second trial.
  • The underhanded and unprecedented tactics used by government prosecutors against Al-Arian were wielded against other Palestinian activists. Humanitarians were sentenced to decades in prison in the Holy Land Five case as material support for terror convictions became the domestic front of the endless US wars and occupations abroad. The era of political repression is not over, as shown by the recent moves to criminalize Palestine solidarity work, including at US campuses, and the recent conviction of Palestinian American community leader Rasmea Odeh. “I’ve heard a lot from Obama, but it’s all rhetoric … after six years, I haven’t really seen much change,” Dr. Al-Arian said from Turkey today. But he expressed happiness towards protests and whistleblowing regarding “the excesses of the surveillance and police state.”
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    A very sad chapter in American legal history. 
Paul Merrell

U.S. President Barack Obama Brands Venezuela a "Security Threat," Implements New Sancti... - 0 views

  • U.S. President Barack Obama issued an executive order this Monday slapping Venezuela with new sanctions and declaring the Bolivarian nation an "unusual and extraordinary threat to the national security".  The sanctions target seven individuals accused by the White House of alleged human rights violations and "public corruption", freezing their assets and barring entry into the U.S. The figures include Justo Jose Noguera Pietri, President of the state entity, the Venezuelan Corporation of Guayana (CVG) and Katherine Nayarith Haringhton Padron, a national level prosecutor currently taking the lead in the trials of several Venezuelan political opposition leaders, including Leopoldo Lopez.  The executive order is the latest in a series of U.S. sanctions imposed on Venezuela over the past few months. On February 3, the Obama administration expanded the list of Venezuelan officials barred from entering the U.S., which now includes the Chief Prosecutor Luis Ortega Diaz. 
  • The Venezuelan government, for its part, maintains that all of those arrested are in the process of facing trial for criminal offences linked to violent destabilization efforts spearheaded by the opposition. Former Caracas Metropolitan Mayor Antonio Ledezma was arrested last month on charges of conspiracy and sedition related to the February 12 thwarted "Blue Coup" attempt. A Venezuelan judge found sufficient evidence linking the opposition figure to air force officials involved in the coup as well as to rightwing terrorist leaders such as Lorent Saleh, who was extradited by Colombian authorities to face charges last year. The other high profile Venezuelan opposition leader currently facing trial is Leopoldo López, who was indicted for his role in leading several months of violent opposition protests last year with the aim of effecting the "exit", or ouster, of the constitutional government. Known as the "guarimbas", these violent protests and street barricades caused the death of 43 people, the majority of whom were security personnel or Chavistas.
  • "Venezuelan officials past and present who violate the human rights of Venezuelan citizens and engage in acts of public corruption will not be welcome here, and we now have the tools to block their assets and their use of U.S. financial systems," announced White House spokesman Josh Earnest. The U.S. has failed thus far to disclose evidence that might bolster its claims of human rights violations, leading Venezuelan and other regional leaders to condemn what they regard as the arbitrary and political character of U.S. sanctions.  While regional bodies such as the Union of South American Nations (UNASUR) have called for dialogue, Washington has so far refused to support negotiations or to recognise the organisation's stance.
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  • On February 28, President Maduro announced new measures imposing a reciprocal travel visa requirements on U.S. citizens seeking to enter Venezuela as well as mandating a reduction in U.S. embassy staff to levels that match the number of Venezuelan personnel in Washington. Maduro also announced the creation of an "anti-terrorist list" of individuals barred from entering Venezuela, which will include former U.S. officials such as George W. Bush and Dick Cheney, who have reportedly "committed human rights violations."   Venezuelan Foreign Minister, Delcy Rodriguez, has confirmed that the Bolivarian government will soon issue an official response to the order. 
Paul Merrell

12-35924 :: Tomosaitis v. URS Inc. :: U.S. Court of Appeals for the Ninth Circuit :: U.... - 0 views

  • Tomosaitis v. URS Inc.
  • Plaintiff filed suit against his employer (URS) and the DOE, alleging violations of the Energy Reorganization Act (ERA), 42 U.S.C. 5851(b)(4), whistleblower protection provision, and requested a jury trial. The district court partially dismissed the complaint, denied a jury trial, and granted summary judgment against plaintiff. The court held that before an employee may opt out of the agency process and bring a retaliation suit against a respondent in federal court, that respondent must have had notice of, and an opportunity to participate in, the agency action for one year. In this case, plaintiff's claim against DOE failed for lack of administrative exhaustion. The court concluded that the administrative exhaustion was sufficient as to URS E&C. The court affirmed the district court's dismissal of URS Corp. for lack of administrative exhaustion. The court also concluded that, since plaintiff has shown that his protected activity was a "contributing factor" in the adverse employment action he suffered, he has met his burden for establishing a prima facie case of retaliation under the ERA. Further, the evidence created a genuine issue of fact as to whether plaintiff's compensation, terms, conditions, or privileges of employment were affected by his transfer. The court reversed the grant of summary judgment to URS E&C for ERA whistleblower retaliation. Finally, the court held that plaintiff has a constitutional right to a jury trial for his claims seeking money damages against URS E&C and the court reversed the district court's ruling.
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    A big victory for whistle-blowers.  
Paul Merrell

Caracas Mayor Indicted in Venezuela, Will Face Trial | venezuelanalysis.com - 0 views

  • A Venezuelan judge has found sufficient evidence linking arrested Caracas Mayor, Antonio Ledezma, to a conspiracy against the national government in order to proceed to trial, the Venezuelan Public Prosecutor’s Office has confirmed.  The longtime rightwing politician and current Mayor of the Metropolitan Area of Caracas was arrested late last Thursday evening by Venezuelan intelligence agencies (SEBIN) for his purported role in plotting to destabilise the democratically elected administration of Nicolas Maduro, United Socialist Party of Venezuela (PSUV). An official hearing took place on Friday.  “In the initial hearing, national public prosecutors 20ª and district attorney 16° from the Metropolitan Area of Caracas, Katherine Harington, Yeison Moreno and Jose Orta respectively, charged the Mayor with allegedly committing the crimes of conspiracy and association. The said crimes are described and sanctioned in the Penal Code and the Law Against Organized Crime and Financing Terrorism,” reads the announcement on the Public Prosector’s Office homepage this Monday. 
  • Ledezma has now been transferred to the National Centre for Military Prosecutions in Ramo Verde just outside of the capital where he will now await trial. He joins political ally and fellow leader of the rightwing opposition, Leopoldo Lopez, who was also arrested last year due to his involvement in plans to overthrow the government.  Background 
Paul Merrell

Occupier orders Palestinian lawmaker Khalida Jarrar held six months without charge or t... - 0 views

  • After seizing her from her home in the middle of the night last week, Israeli occupation forces have ordered that a Palestinian lawmaker be held without charge or trial for six months. Palestinian Legislative Council member Khalida Jarrar was given a so-called “administrative detention” order on Sunday, the Palestinian prisoners’ rights group Addameer said in a statement.
  • Jarrar is one of 15 Palestinian legislators and 23 female political prisoners currently detained by Israeli occupation forces, Addameer states. Jarrar, a prominent member of the Popular Front for the Liberation of Palestine, is closely involved in prisoner issues. Last August, Israeli occupation forces issued Jarrar with an order banishing her to Jericho. She defied the order, remaining in her home in the occupied West Bank town of al-Bireh from where she was arrested by dozens of armed soldiers.
  • There are currently six thousand Palestinian political detainees in Israeli prisons, including almost 500 administrative detainees, according to Addameer’s most recent statistics. Human rights defenders have consistently condemned Israel’s practice of prolonged detention of Palestinians without charge or trial. In a 2012 report, Amnesty International called on Israel to stop using administrative detention – a relic of British colonial rule in Palestine – and urged “the immediate and unconditional release [of] prisoners of conscience held just for peacefully exercising their rights to freedom of expression and assembly.” Amnesty says that administrative detainees, like many other Palestinian prisoners, “have been subjected to violations such as the use of torture and other ill-treatment during interrogation, as well as cruel and degrading treatment during their detention, sometimes as punishment for hunger strikes or other protests.”
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  • Administrative detention orders are indefinitely renewable. Addameer says that it considers administrative detention to be a war crime under the terms of the Fourth Geneva Convention governing the rights of civilians in occupied territory. Jarrar’s arrest, it states, is “part of the systemic targeting of Palestinian political figures in order to criminalize their work and to silence them and stop them from practicing their roles in defending and supporting the Palestinian cause.”
Paul Merrell

UN Denounces Israel's Administrative Detention Policy - International Middle East Media... - 0 views

  • Israeli practices of detaining Palestinians without charge or trial is a violation of the Fourth Geneva Convention, which defines humanitarian protection for civilians, the United Nations has said.
  • The comments made by a spokeswoman for the United Nations Human Rights Office (OHCHR) came just days after Khalida Jarrar, a Palestinian lawmaker, was imprisoned without trial by Israeli authorities, The Nation website said. "We are concerned at the continued and increasing use of administrative detention by Israeli authorities against Palestinians. Administrative detainees are held without charge or trial, often on the basis of secret evidence, for periods of up to six months, which are extendable indefinitely," UN spokeswoman Ravina Shamdasani said, during a press briefing in Geneva, adding that this practice had been condemned by the UN on numerous occasions in the past. OHCHR reiterates its call on Israel to end its practice of administrative detention and to either release without delay or to promptly charge all administrative detainees and prosecute them with all the judicial guarantees required by international human rights law, she said. Khalida Jarrar, a member of the Palestinian parliament and the Popular Front for the Liberation of Palestine, was arrested on Monday and is currently being held in administrative detention, PNN reports.
  • Jarrar is just one of the many Palestinians that include several other legislators, believed to be held in prisons by Israel. "As of February this year, there were reportedly 424 Palestinians held under administrative detention orders - more than double the 181 held at the same time last year," Shamdasani said. "We call, once again, on Israel to end its practice of administrative detention and to either release without delay or to promptly charge all administrative detainees and prosecute them with all the judicial guarantees required by international human rights law and standards." The policy of administrative detention, which Israel has reportedly defended as necessary to prevent attacks, has also been criticized by several Israeli lawmakers, who have denounced it as "draconian." "Israel should be ashamed of the draconian regime of administrative detentions, which is unparalleled in any democracy," Aida Touma-Suliman, a member of the Arab Joint List party, said, according to a report by Haaretz, an Israeli newspaper.
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