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Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

Mission Failure Admission: US Abandons Program To Train Syrian Rebels - 0 views

  • The U.S. Pentagon is expected to announce Friday that it will end its oft-criticized $500 million program to train and equip Syrian rebels, offering further evidence of the Obama administration’s incoherent and failed strategy in Syria and beyond. According to the New York Times, which broke the news, Pentagon officials will officially announce the end of the program on Friday, as Defense Secretary Ashton B. Carter leaves London after meetings with his British counterpart, Defense Minister Michael Fallon, about the continuing wars in Syria and Iraq. “A senior Defense Department official, who was not authorized to speak publicly and who spoke on the condition of anonymity, said that there would no longer be any more recruiting of so-called moderate Syrian rebels to go through training programs in Jordan, Qatar, Saudi Arabia or the United Arab Emirates,” the Times reports. “Instead, a much smaller training center would be set up in Turkey, where a small group of ‘enablers’— mostly leaders of opposition groups—would be taught operational maneuvers like how to call in airstrikes.” The program had been criticized from the beginning, with many charging that the strategy would merely lead to deeper chaos and regional instability—all while being based on mistaken assumptions.
  • “The proposition that there is a moderate Syrian opposition with enough military potential and—even more importantly—popular support inside Syria to overthrow the Assad government is a myth,” foreign policy experts Flynt Leverett and Hillary Mann Leverett wrote for Consortium News one year ago. “To claim in addition that these mythical moderate oppositionists can take on and defeat the Islamic State is either blatantly dishonest or dangerously delusional.” And just last month, journalist Robert Parry described the program as “an embarrassing failure, producing only about 50 fighters who then were quickly killed or captured by Al Qaeda’s Nusra and other jihadist groups, leaving only ‘four or five’ trainees from the program, according to Gen. Lloyd J. Austin III, head of the U.S. Central Command which has responsibility for the Middle East.”
  • As Common Dreams reported at the time, Central Command admitted in September that the U.S.-trained and armed rebels at the center of the policy had turned over at least a quarter of their American-issued equipment to the al Nusra Front, which is linked with al Qaeda.
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    Congress, of course, just appropriated $600 million to expand the same program. 
Gary Edwards

Fanniegate: Gamechanger For The GOP? | Via Meadia - 0 views

  • The story doesn’t just attack a failure of Democratic policy execution; it exposes a key flaw in New Democratic thinking.  The Third Way as dreamed up by Bill Clinton and Tony Blair sought to harness the power of financial markets to a public service agenda.  Old style command and control liberalism believed in directly mandating business to do what politicians thought should be done.  AT&T had to serve rural communities, but in exchange it had a phone monopoly and regulators made sure that it made a good profit.  The airlines and bus companies had to service unprofitable routes, but regulators made sure that their route networks as a whole were profitable.
  • a new and updated liberalism appeared.
  • The sad fact remains that the current president, according to longstanding government clearance protocols, could not be hired as a janitor in a federal building with the amount of personal background information that he has provided. Run for President? No problem. Get any other federal job? No way. Quite apart from the issue of any sort of birth certificates, real or imagined, genuine or forged, is the fact that Barack Obama’s school records, SAT and LSAT scores, college and law school admission records and scholarship paperwork and grade transcripts and thesis papers, medical records, passport history, Illinois state senate tenure records, presidential campaign foreign donor lists, complete White House visitor logs and many other relevant records and documents have all never been released or allowed to be subjected to any sort of scrutiny, despite several years of repeated requests for disclosure by numerous individuals and non-traditional media organizations. Virtually the entire paper trail of Barack Obama’s existence has always been deeply hidden away in a tight shroud of secrecy. The Obama 2008 campaign and subsequent administration have to date spent a substantial sum on legal fees, estimated in the millions of dollars, to fight Freedom of Information Act filings and other motions and requests to examine some of this material. The powerful international law firm Perkins Coie, the counsel of record to the Democractic National Committee, has been their primary provider of these services and continues in that role.
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    excerpt:  Democrats, watch out. The Republican Party and especially its Tea Party wing have just acquired a new weapon of mass destruction - and it has nothing to do with any of Congressman Wiener's rogue body parts.  If they deploy this weapon effectively in the next election cycle - a big if - then they have the biggest opportunity to move the country rightward since Ronald Reagan took the oath of office back in 1981. The Tea Party WMD stockpile is currently stored in book form:  Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon. By Gretchen Morgenson, one of America's best business journalists who is currently at The New York Times, and noted financial analyst Joshua Rosner, Reckless Endangerment gives the best available account of how the growing chaos in the mortgage and personal finance markets and the rampant bundling of dubious loans into exotically toxic securities plunged the world, and millions of American families, into the gravest financial crisis since World War Two. It is gripping reading as well, and its explanations are clear enough that readers without any background in finance will have no trouble following the plot.  The villains?  An unholy alliance between Wall Street, the Democratic establishment, community organizing groups like ACORN and La Raza, and politicians like Barney Frank, Nancy Pelosi and Henry Cisneros.  (Frank got a cushy job for a lover, Pelosi got a job and layoff protection for a son, Cisneros apparently got a license to mint money bilking Mexican-Americans of their life savings in cheesy housing developments.)
Paul Merrell

The Blotch on Eric Holder's Record: Wall Street Accountability | The Nation - 0 views

  • Attorney General Eric Holder will announce Thursday he is stepping down from the post he has held for nearly six years—making him one of the longest-serving attorneys general in American history. Holder was the first African-American to hold the position and will surely be remembered as a trailblazer for civil rights.
  • But there is one area where Holder falls woefully short: prosecution of Wall Street firms and executives. He came into office just months after widespread fraud and malfeasance in the financial sector brought the American economy to its knees, and yet no executive has faced criminal prosecution. Beyond the crash, Holder established a disturbing pattern of allowing large financial institutions escape culpability. “His record is really badly blemished by his nearly overwhelming failure to hold corporate criminals accountable,” said Robert Weissman, president of Public Citizen. “Five years later, we can say he did almost nothing to hold the perpetrators of the crisis accountable.”
  • Advocates for financial accountability often point to the Savings and Loan crisis as a counter-example: despite much smaller-scale fraud, 1,000 bankers were convicted in federal prosecutions and many went to prison. Holder has tried to explain his lack of prosecutions relating to the 2008 collapse by claiming the cases were too hard to prove—but many experts disagree. The Sarbanes Oxley Act, for example, would provide a straightforward template: it makes it a crime for executives to sign inaccurate financial statements, and there is ample evidence that Wall Street CEOs were aware of the toxicity of the sub-prime mortgages sold by their firms.
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  • Late last year, Judge Jed Rakoff of the Federal District Court of Manhattan wrote an essay in The New York Review of Books bluntly titled, “The Financial Crisis: Why Have No High-Level Executives Been Prosecuted?” He suggested a doctrine of “willful blindness” at Holder’s Justice Department and said “the department’s claim that proving intent in the financial crisis is particularly difficult may strike some as doubtful.” A federal judge will generally not proclaim people guilty outside the courtroom, but Rakoff came close with that statement. The fact he wrote the essay at all stunned many observers. In recent years, the Justice Department has obtained some large-dollar settlements with Wall Street firms like JPMorgan Chase and Bank of America. But the headline-grabbing amounts end up being significantly less after factoring in tax accounting and credits for actions already being undertaken by the bank. There is also a lack of transparency around how these penalties are being paid to aggrieved consumers. Holder himself suggested in Senate testimony last year that some firms really are too big to jail:
  • “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy,” Holder said. He later walked that back in subsequent testimony, saying “Let me be very, very, very clear. Banks are not too big to jail.” But the data suggest otherwise.
  • Public Citizen did an analysis of these agreements at the Department of Justice and found that Holder made them a routine affair:
  • There isn’t much transparency over which bad actors are awarded deferred prosecution, and which are not, and advocates are alarmed by the precedent. “[Holder] ensconced the de facto ‘too-big-to-fail’ doctrine by which large financial institutions were effectively immunized form criminal prosecution simply by virtue of being so big,” said Weissman.
Paul Merrell

Lawsuit accuses IBM of hiding China risks amid NSA spy scandal | Reuters - 0 views

  • (Reuters) - IBM Corp has been sued by a shareholder who accused it of concealing how its ties to what became a major U.S. spying scandal reduced business in China and ultimately caused its market value to plunge more than $12 billion. IBM lobbied Congress hard to pass a law letting it share personal data of customers in China and elsewhere with the U.S. National Security Agency, in a bid to protect its intellectual property rights, according to a complaint filed in the U.S. District Court in Manhattan.The plaintiff in the complaint, Louisiana Sheriffs' Pension & Relief Fund, said this threatened IBM hardware sales in China, particularly given a program known as Prism that let the NSA spy on that country through technology companies such as IBM.
  • The Baton Rouge pension fund said the revelation of Prism and related disclosures by former NSA contractor Edward Snowden caused Chinese businesses and China's government to abruptly cut ties with the world's largest technology services provider.It said this led IBM on October 16 to post disappointing third-quarter results, including drops in China of 22 percent in sales and 40 percent in hardware sales.While quarterly profit rose 6 percent, revenue dropped 4 percent and fell well below analyst forecasts.IBM shares fell 6.4 percent on October 17, wiping out $12.9 billion of the Armonk, New York-based company's market value.The lawsuit names IBM, Chief Executive Virginia Rometty and Chief Financial Officer Mark Loughridge as defendants, and says they should be held liable for the company's failure to reveal the risks of its lobbying and its NSA ties sooner.
  • The case is Louisiana Sheriffs' Pension & Relief Fund v. International Business Machines Corp et al, U.S. District Court, Southern District of New York, No. 13-08818.
Paul Merrell

Bernie Sanders Introduces a Bill to Break Up the Big Banks | The Nation - 0 views

  • Senator Bernie Sanders announced legislation Wednesday that would break up the country’s largest financial institutions. It’s the third time he’s introduced such a measure, but this time around he wields the large microphone of a presidential candidate. The bill, titled the “Too Big to Fail, Too Big to Exist Act,” will also be introduced in the House by Representatives Brad Sherman and Alan Grayson. If passed, it would require regulators at the Financial Stability Oversight Council to come up with a list of too-big-to-fail institutions whose failure would threaten the economy. One year later, those banks would be broken up by the secretary of the Treasury. Sure to be included on that list, based on the standards outlined in the legislation, would be JPMorgan Chase, Citigroup, Goldman Sachs, Bank of America, and Morgan Stanley.
  • It also unavoidably poses a test for Hillary Clinton, the other declared Democratic candidate. Much of the Draft Warren movement launched by progressive activists focused on the Massachusetts senator’s advocacy for combating the financial sector’s power generally, and breaking up the big banks in particular—and Clinton’s perceived weakness on that front.
  • Another likely Democratic candidate, former Maryland governor Martin O’Malley, wrote an op-ed in The Des Moines Register in March that also called for the biggest financial institutions to be broken up. Elsewhere, Senators Sherrod Brown and David Vitter have introduced similar legislation in the past, and the Federal Deposit Insurance Corporation’s Tom Hoenig also favors break-ups. Sanders and Sherman cited the danger posed to the economy by big banks, many of which are dramatically larger than they were before the 2008 financial crisis. JPMorgan Chase, for example, has increased its assets by $1.1 trillion since 2007. “In 2008 we learned that if Wall Street calls and says ‘bail us out or we’re going to take the economy down with us,’ that even if there is no statutory provision for bailouts, which there really isn’t today, Congress will pass as we did in 2008 a bill mandating the bailout,” said Sherman. “So ‘too big to fail’ means you will be bailed. That isn’t capitalism. That is socialism for the wealthy.”
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  • Sanders noted the large fines and settlement paid by big financial institutions since 2009, totaling $176 billion, and referenced former attorney general Eric Holder’s frank admission in 2013 that some banks are “too big to jail.” (Holder later walked back that comment, though no high-level executives have gone to prison for anything related to the financial crisis.)
  • The duo also described their belief that big Wall Street banks are crushing smaller and medium-sized banks. Sherman cited research from the International Monetary Fund that when big banks have implicit taxpayer backing, their access to capital is so much easier that it amounts to an extra $83 billion annually—something he argued was an unfair advantage over smaller banks that would be allowed to fail. The Independent Community Bankers of America, which represents 6,000 smaller banks, has endorsed the Sanders-Sherman legislation. Beyond just small banks, Sanders argued that enormous financial institutions harm the broader economy because those smaller banks are key sources of capital for small businesses. “Wall Street cannot be an island unto itself separate from the productive economy,” he said.
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    Sanders pushing Hillary to commit to doing something about the banks. Fat chance. But maybe he can show who she really is.
Paul Merrell

Wall Street's Savage Reckoning: Clouds Gather Over G-20 Summit - 0 views

  • Finance ministers and central bankers from the world’s biggest economies met in Shanghai, China over the weekend to discuss many of the problems for which they alone are responsible. Leading the list of issues, was the steady deceleration in global growth which, to great extent, is the result of experimental monetary policies central banks implemented following the recession in 2009. Surprisingly, the group admitted that their “easing strategies” had failed to produce the durable recovery that they sought, but at the same time,  they made virtually no effort to correct their mistake by making the changes necessary to shore up flagging global output.
Paul Merrell

Central Bankers Admit that Central Banks Have Failed to Fix the Economy | Global Resear... - 0 views

  • Between 2008 and 2015, central banks pretended that they had fixed the economy. In 2016, they’re starting to admit that they haven’t fixed much of anything.
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