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Paul Merrell

Branstad Announces New Division Designed to Help Wrongly Convicted People | whotv.com - 0 views

  • “One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will have the post-conviction relief process in order to correct that mistake." About 100 cases involving hair comparison have been flagged for review. The Wrongful Conviction Division is part of the Office of the State Public Defender's Office. It will work with the Division of Criminal Investigation, the Iowa Innocence Project and the Midwest Innocence Project.
  • Governor Branstad announced he's launching a new division designed to help people who are wrongly convicted of crimes. “We also know in a system operated by humans, mistakes can be made including wrongful convictions,” Branstad said. The Wrongful Conviction Division will focus on hair comparison analysis. The FBI recently admitted to serious errors in testimony on those tests, many times overstating how close hair from a crime scene matched a defendant. The FBI trains the Iowa Division of Criminal Investigation on hair analysis methods, so the Public Defender's Office wants to review cases where hair comparison analysis was used. They’re looking at cases from 1980-2000, which was a time when DNA analysis wasn't widely used.
  • “One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will have the post-conviction relief process in order to correct that mistake."
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  • “One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will have the post-conviction relief process in order to correct that mistake."
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    This should be happening in evry state and court in which the FBI lab's false hair sample testing results may have been used to convict anyone. And it should have happened in all those jurisdictions as soon as the FBI lab scandal was discovered. See https://www.washingtonpost.com/local/crime/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades/2015/04/18/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html
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. 
Gary Edwards

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

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    "(Editor's note: This list was originally published in August 2016 and has gone viral on the web. WND is running it again as American voters cast their ballots for the nation's next president on Election Day.) How many people do you personally know who have died mysteriously? How about in plane crashes or car wrecks? Bizarre suicides? People beaten to death or murdered in a hail of bullets? And what about violent freak accidents - like separate mountain biking and skiing collisions in Aspen, Colorado? Or barbells crushing a person's throat? Bill and Hillary Clinton attend a funeral Apparently, if you're Bill or Hillary Clinton, the answer to that question is at least 33 - and possibly many more. Talk-radio star Rush Limbaugh addressed the issue of the "Clinton body count" during an August show. "I swear, I could swear I saw these stories back in 1992, back in 1993, 1994," Limbaugh said. He cited a report from Rachel Alexander at Townhall.com titled, "Clinton body count or left-wing conspiracy? Three with ties to DNC mysteriously die." Limbaugh said he recalled Ted Koppel, then-anchor of ABC News' "Nightline," routinely having discussions on the issue following the July 20, 1993, death of White House Deputy Counsel Vince Foster. In fact, Limbaugh said, he appeared on Koppel's show. "One of the things I said was, 'Who knows what happened here? But let me ask you a question.' I said, 'Ted, how many people do you know in your life who've been murdered? Ted, how many people do you know in your life that have died under suspicious circumstances?' "Of course, the answer is zilch, zero, nada, none, very few," Limbaugh chuckled. "Ask the Clintons that question. And it's a significant number. It's a lot of people that they know who have died, who've been murdered. "And the same question here from Rachel Alexander. It's amazing the cycle that exists with the Clintons. [Citing Townhall]: 'What it
Paul Merrell

U.S. Contractors Convicted in 2007 Blackwater Baghdad Traffic Massacre | Inter Press Se... - 0 views

  • A federal jury here Wednesday convicted one former Blackwater contractor of murder and three of his colleagues of voluntary manslaughter in the deadly shootings of 14 unarmed civilians killed in Baghdad’s Nisour Square seven years ago.The judge in the case ordered the men detained pending sentencing.
  • the unit’s sniper, Nicholas Slatten, opened fire on a car which, according to the defence, had approached the Blackwater vehicle in a suspicious manner. Slatten’s shots, which killed the car’s driver, a medical student, triggered chaos throughout the circle.In addition to Slatten, who was convicted of first-degree murder, a total of six members of the Blackwater team fired their weapons as they moved through the circle, according to the prosecution.One team member, Jeremy Ridgeway, pleaded guilty to one count of voluntary manslaughter in 2008 and served as a prosecution witness in the case. Charges against another defendant were dropped shortly afterwards. Several other team members also testified against the defendants.Aside from Slatten’s conviction, three other guards Wednesday were found guilty of voluntary manslaughter, as well as various weapons offences.
  • If sustained, Slatten’s murder conviction requires a sentence of life imprisonment. Each count of voluntary manslaughter – and each of the other three defendants were convicted of multiple counts – can carry a prison sentence of up to 15 years.
Gary Edwards

"High Crimes and Misdemeanors" - Tea Party Command Center - 0 views

  • high crimes and misdemeanors”
  • Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.
  • Patriots plan for resisting the Globalist agenda: Develop Secure Community Co-ops (Interactive Neighborhood Watch on steroids).  Groups should be from about 5 to 15 people in the same general area, neighborhood.  All members should be conservative/responsible adults.Members should work at fortifying local, county and state govts. as well as joining Shrf. Reserve Forces (as long as the shrf. is an oathkeeper), Constitutional Sheriffs Assoc./ USCDA, State Militias, Constitutional Militias, etc.  Also,  should be involved in TP, 9-12, John Birch Soc., etc.SCC's should have a liason with other like-minded grps. in order to give/obtain support when needed.The states should and hopefully will be the first line of defense against an overreaching tyrannical govt.(Don't count on it if you are living in a Blue State)  Next, it would fall on the counties and local communities, working in concert with the various State Militia units, Co. Shrfs' Depts., Constitutional and SCC elements.  After that,  if needed,  Bug Out procedures should be implemented.  Hopefully, to safe areas.
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  • The Constitution defines treason in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
  • In all the articles of impeachment that the House has drawn, no official has been charged with treason
  • What are “high crimes and misdemeanors”?
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    "The U.S. Constitution provides impeachment as the method for removing the president, vice president, federal judges, and other federal officials from office. The impeachment process begins in the House of Representatives and follows these steps: The House Judiciary Committee holds hearings and, if necessary, prepares articles of impeachment. These are the charges against the official. If a majority of the committee votes to approve the articles, the whole House debates and votes on them. If a majority of the House votes to impeach the official on any article, then the official must then stand trial in the Senate. For the official to be removed from office, two-thirds of the Senate must vote to convict the official. Upon conviction, the official is automatically removed from office and, if the Senate so decides, may be forbidden from holding governmental office again. The impeachment process is political in nature, not criminal. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes. The Constitution sets specific grounds for impeachment. They are "treason, bribery, and other high crimes and misdemeanors." To be impeached and removed from office, the House and Senate must find that the official committed one of these acts. The Constitution defines treason in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
Paul Merrell

The Latest European Court of Human Rights Ruling on Accountability for Torture | Just S... - 0 views

  • In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for its role in the extraordinary rendition of Egyptian cleric Osama Mustafa Hassan Nasr, better known as Abu Omar. (An English-language summary of ruling is here; the full decision, presently available only in French, is here.) The ruling not only represents a further contribution to the Strasbourg Court’s growing accountability jurisprudence, but also highlights the United States’ own failure to provide any redress to victims of the torture program that it primarily created and operated. The ECtHR’s decision in Nasr v. Italy concerns one of the most notorious instances of extraordinary rendition (i.e., the extrajudicial transfer of an individual to another country for purposes of abusive interrogation). In 2003, Nasr, who had been granted political asylum in Italy, was abducted in broad daylight from a street in Milan and taken to Aviano air base, which is operated by the US Air Force. Nasr was subsequently taken, by way of the US’s Ramstein air base in Germany, to Cairo where he was interrogated by Egyptian intelligence services. Egyptian authorities held Nasr in secret for more than a year and subjected him to repeated torture before releasing him in April 2004. Approximately 20 days after his release — and after submitting a statement to Milan’s public prosecutor describing his abuse — Nasr was rearrested and detained without charges. He was released in 2007, but prohibited from leaving Egypt.
  • The ECtHR ruling centers on Italy’s role in Nasr’s abduction in Milan, his rendition to Egypt where he faced a real risk of abuse, and its subsequent failure to conduct an effective domestic investigation or to provide any redress. The ECtHR found Italy liable for multiple violations of the European Convention on Human Rights (ECHR), including article 3 (the prohibition on inhuman or degrading treatment), article 5 (the right to liberty and security), and article 13 (the right to an adequate remedy). It ordered Italy to pay €70,000 to Nasr and €15,000 to his wife, Nabila Ghali, for the suffering and anguish caused by her husband’s enforced disappearance. The Milan public prosecutor had previously investigated and prosecuted 25 CIA officers, including the agency’s Milan station chief, Robert Seldon Lady, and seven Italian military intelligence officers, for aiding and abetting in Nasr’s abduction and rendition. The United States strenuously opposed the prosecution, warning that it would harm US-Italian relations, and the Italian government successfully challenged much of the evidence on the grounds it could jeopardize national security. The trial court convicted 22 CIA agents in absentia and gave them prison sentences of between six to nine years; a Milan appeals court upheld the convictions and overturned the acquittals of the other three US defendants. Italy’s highest court, however, overturned the conviction of five of the Italian military intelligence agents based on state secrecy grounds. The Italian government has refused to seek the extradition of the convicted US nationals. (For more details, Human Rights Watch has an excellent summary of the proceedings in Italy here.)
  • The ECtHR’s ruling in Nasr strengthens accountability by reinforcing state responsibility for participation in abuses committed during the war on terrorism. It builds on the Strasbourg Court’s prior decisions in El-Masri v. Macedonia and Al-Nashiri v. Poland/Husayn (Abu Zubaydah) v. Poland, which held Macedonia and Poland, respectively, liable for their role in CIA torture and rendition, including (in the case of Poland) for hosting a CIA black site. Nasr, together with El-Masri and al-Nashiri/Husayn, should help discourage a state’s future participation in cross-border counterterrorism operations conducted in flagrant violation of human rights guarantees. While the deterrent value of legal judgments may be uncertain, the recent line of Strasbourg Court decisions raises the costs of aiding and abetting illegal operations, even in the national security context.
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  • Nasr also advances the jurisprudence surrounding a state’s duty to conduct an effective domestic investigation into torture. The Strasbourg Court noted that Italian courts had conducted a detailed investigation and that the evidence disregarded by Italy’s highest court on grounds of state secrecy had been sufficient to convict the five Italian military intelligence defendants. It further observed that because the evidence inculpating those defendants had been widely available in the press and on the Internet, the court’s invocation of state secrecy doctrine was not only unpersuasive, but designed to grant impunity to the defendants. Further, the Strasbourg Court noted that the Italian government had never sought the extradition of the convicted CIA agents. As result, the court ruled that despite the efforts of Italian investigators and judges, which had identified the responsible individuals and secured their convictions, the domestic proceedings failed to satisfy the procedural requirements of article 3 of the European Convention (prohibiting torture and other ill-treatment), due to the actions of the executive. This ruling is important because it imposes liability not only where a state takes no steps towards a genuine domestic investigation and prosecution (as in El-Masri and Al-Nashiri/Husayn), but also where efforts by a state’s judges and prosecutors are thwarted in the name of state secrecy.
  • The ECtHR’s rulings on the CIA torture program also highlight the continued absence of accountability in the United States. The US has failed both to conduct an effective criminal investigation of those most responsible for CIA torture and to provide any remedies to victims. In fact, the Obama administration has vigorously opposed the latter at every turn, invoking the same sweeping state secrecy doctrines the ECtHR rejected in El-Masri and Nasr. These rulings will likely catalyze future litigation before the Strasbourg Court and in European domestic courts as well. (Recent actions filed against Germany for its participation in US targeted killings through use of the Ramstein Air Base provide one example of such litigation.) While the ECtHR’s rulings may not spur further efforts in the United States, they reinforce the perception of the United States as an outlier on the important question of accountability for human rights violations.
Paul Merrell

Portuguese court rules to extradite ex-CIA agent to Italy - Bluefield Daily Telegraph: ... - 0 views

  • LISBON, Portugal (AP) — A Portuguese court has ruled that a former CIA operative convicted of kidnapping an Egyptian cleric as part of an extraordinary renditions program should be turned over to Italy to serve her six-year sentence there, a court official said Friday. The decision to extradite Sabrina De Sousa after her arrest last October was handed down on Tuesday, the president of the court in Lisbon, Luis Vaz das Neves, told The Associated Press. De Sousa, who operated under diplomatic cover in Italy, was among 26 Americans convicted in absentia for the kidnapping of Milan cleric Osama Moustafa Hassan Nasr, known as Abu Omar, in broad daylight from a Milan street on Feb. 17, 2003. Extraordinary renditions were part of the Bush administration's "war on terror" after the Sept. 11, 2001, attacks. The Egyptian cleric's kidnapping, which also implicated Italy's secret services, has proven embarrassing to successive Italian governments. De Sousa, who was born in India and holds both U.S. and Portuguese passports, was initially acquitted due to diplomatic immunity, but was found guilty by Italy's highest court in 2014. She was arrested at Lisbon Airport on a European warrant last year as she was on her way to visit her elderly mother in India with a round-trip ticket.
  • Authorities seized her passport and set her free while awaiting the court decision on her extradition. Manuel Magalhaes e Silva, De Sousa's Portuguese lawyer, told the AP in an email he was officially informed of the extradition decision Friday and intends to lodge an appeal at the Supreme Court. If that fails, he will go to the Constitutional Court, he said. De Sousa has argued against extradition to Italy, telling a Portuguese court after her arrest that Italian authorities tried her in absentia and never officially notified her of her conviction, according to Vaz das Neves. All of the Americans were tried in absentia and were represented for most of the proceedings by court-appointed lawyers who had no contact with their clients. Only toward the end of the trial did De Sousa and another defendant, a member of the military, receive clearance to hire their own lawyers. The Lisbon judge ruled that De Sousa should be sent to Italy so she can be notified of the conviction and possibly demand another trial, Vaz das Neves said. The judge also ruled that if De Sousa accepts her prison sentence, she must be allowed to serve it in Portugal if she wishes, which is possible under European legal procedure, according to Vaz das Neves. De Sousa has said that she had been living in Portugal and intended to settle there.
  • De Sousa has denied in interviews participating in the rendition and has said she wants to hold the CIA accountable. "If she truly arrives in Italy, she could finally choose to say to magistrates what she so far has only said in interviews," said the lead prosecutor in the case, Armando Spataro. De Sousa has requested a pardon from Italy. Earlier this month, in an act of clemency, Italy's president reduced the sentences of two others convicted in the case. President Sergio Mattarella reduced former CIA base chief Robert Seldon Lady's sentence to seven years from nine. Mattarella also wiped out the entire penalty — three years — faced by another American, Betnie Medero. After being kidnapped Nasr was transferred to Egypt where he claimed he was tortured. After he was released from Egyptian custody, Italian authorities in 2005 issued an arrest warrant for him. He was convicted in absentia by an Italian court in 2013 on decade-old terror charges and was sentenced to six years in prison, although he never returned to Italy to serve the sentence.
Paul Merrell

Information Awareness Office - Wikipedia, the free encyclopedia - 0 views

  • The Information Awareness Office (IAO) was established by the Defense Advanced Research Projects Agency (DARPA) in January 2002 to bring together several DARPA projects focused on applying surveillance and information technology to track and monitor terrorists and other asymmetric threats to U.S. national security, by achieving Total Information Awareness (TIA). This would be achieved by creating enormous computer databases to gather and store the personal information of everyone in the United States, including personal e-mails, social networks, credit card records, phone calls, medical records, and numerous other sources, without any requirement for a search warrant.[1] This information would then be analyzed to look for suspicious activities, connections between individuals, and "threats".[2] Additionally, the program included funding for biometric surveillance technologies that could identify and track individuals using surveillance cameras, and other methods.[2] Following public criticism that the development and deployment of this technology could potentially lead to a mass surveillance system, the IAO was defunded by Congress in 2003. However, several IAO projects continued to be funded, and merely run under different names.[3][4][5][6]
  • The IAO was established after Admiral John Poindexter, former United States National Security Advisor to President Ronald Reagan, and SAIC executive Brian Hicks approached the US Department of Defense with the idea for an information awareness program after the attacks of September 11, 2001.[5] Poindexter and Hicks had previously worked together on intelligence-technology programs for the Defense Advanced Research Projects Agency. DARPA agreed to host the program and appointed Poindexter to run it in 2002. The IAO began funding research and development of the Total Information Awareness (TIA) Program in February 2003 but renamed the program the Terrorism Information Awareness Program in May that year after an adverse media reaction to the program's implications for public surveillance. Although TIA was only one of several IAO projects, many critics and news reports conflated TIA with other related research projects of the IAO, with the result that TIA came in popular usage to stand for an entire subset of IAO programs. The TIA program itself was the "systems-level" program of the IAO that intended to integrate information technologies into a prototype system to provide tools to better detect, classify, and identify potential foreign terrorists with the goal to increase the probability that authorized agencies of the United States could preempt adverse actions. As a systems-level program of programs, TIA's goal was the creation of a "counterterrorism information architecture" that integrated technologies from other IAO programs (and elsewhere, as appropriate). The TIA program was researching, developing, and integrating technologies to virtually aggregate data, to follow subject-oriented link analysis, to develop descriptive and predictive models through data mining or human hypothesis, and to apply such models to additional datasets to identify terrorists and terrorist groups.
  • Among the other IAO programs that were intended to provide TIA with component data aggregation and automated analysis technologies were the Genisys, Genisys Privacy Protection, Evidence Extraction and Link Discovery, and Scalable Social Network Analysis programs. On August 2, 2002, Dr. Poindexter gave a speech at DARPAtech 2002 entitled "Overview of the Information Awareness Office"[7] in which he described the TIA program. In addition to the program itself, the involvement of Poindexter as director of the IAO also raised concerns among some, since he had been earlier convicted of lying to Congress and altering and destroying documents pertaining to the Iran-Contra Affair, although those convictions were later overturned on the grounds that the testimony used against him was protected.
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  • On January 16, 2003, Senator Russ Feingold introduced legislation to suspend the activity of the IAO and the Total Information Awareness program pending a Congressional review of privacy issues involved.[8] A similar measure introduced by Senator Ron Wyden would have prohibited the IAO from operating within the United States unless specifically authorized to do so by Congress, and would have shut the IAO down entirely 60 days after passage unless either the Pentagon prepared a report to Congress assessing the impact of IAO activities on individual privacy and civil liberties or the President certified the program's research as vital to national security interests. In February 2003, Congress passed legislation suspending activities of the IAO pending a Congressional report of the office's activities (Consolidated Appropriations Resolution, 2003, No.108–7, Division M, §111(b) [signed Feb. 20, 2003]). In response to this legislation, DARPA provided Congress on May 20, 2003 with a report on its activities.[9] In this report, IAO changed the name of the program to the Terrorism Information Awareness Program and emphasized that the program was not designed to compile dossiers on US citizens, but rather to research and develop the tools that would allow authorized agencies to gather information on terrorist networks. Despite the name change and these assurances, the critics continued to see the system as prone to potential misuse or abuse. As a result House and Senate negotiators moved to prohibit further funding for the TIA program by adding provisions to the Department of Defense Appropriations Act, 2004[10] (signed into law by President Bush on October 1, 2003). Further, the Joint Explanatory Statement included in the conference committee report specifically directed that the IAO as program manager for TIA be terminated immediately.[11]
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    What became today's NSA programs of public concern were the brain child of Admiral John Poindexter and a private sector compadre. U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991). Poindexter had previously been convicted on five criminal counts involving lying to Congress and destruction and alteration of evidence.  His convictions were overturned on appeal on grounds that some of the testimony against him had been immunized from use in prosecution by Congress. There was no claim on appeal that any such evidence had been false.  86 U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991), . For far more detail of the evidence against Poindexter, see the August 4, 1993 final report by independent prosecutor Lawrence Walsh, Vol 1, Part 4 section 3, .  So one might say that today's controversial NSA activities were the idea of and conceived by a government official more than willing to lie to Congress and  to destroy and alter evidence. 
Gary Edwards

The Constitution and and Impeachment - 0 views

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    "The Constitution, Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. The Constitution, Article I, Section 3: The Senate shall have the sole Power to try all Impeachments.  When sitting for that Purpose, they shall be on Oath or Affirmation.  When the President of the United States is tried, the Chief Justice shall preside:  And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachments shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States, but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishmnet, according to Law." Comment:  This web page includes the Framers debate on the Impeachment provisions in the Constitution.
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,.
Paul Merrell

Former PM Ehud Olmert jailed for six years for corruption - Israel News, Ynetnews - 0 views

  • Former Prime Minister Ehud Olmert was sentenced to six years in prison and fined NIS 1 million in court in Tel Aviv on Tuesday morning for his role in the 'Holyland Affair', the real estate corruption case considered the largest of its kind in Israeli history.
  • The case marks the first time a prime minister was convicted of a felony and now, with his sentencing, the first time a former prime minister has ever been sentenced to jail time.
  • Additional sentencing included Hillel Cherney, who was the developer behind the Holyland project and was sentenced to 3.5 years in prison and fined NIS 2 million. Cherney was convicted of 19 offences of corruption and a slew of additional corruption and break of trust offences.   Danny Dankner, the former chairman of Israel's second-biggest bank, also received three years in jail during Tuesday's senctencing. Dankner, who is now the joint chairman of Israel Salt Industries, was also fined a million and half shekel.   Avigdor Kelner, also a developer in the project, who was convicted of two corruption charge in the affair, was sentenced to three years and fined NIS 1 million.   Former Jerusalem Mayor Uri Lupolianski, who succeeded Olmert as the city's mayor, and Dankner, were both charged and convicted of offering hundreds of thousands of dollars in bribes to a government official to rezone land for the project.
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  • Ehud Olmert was also accused of asking the middleman to help out city engineer Uri Sheetrit, who also had money woes. Sheetrit later dropped his opposition to the broad expansion of the Holyland complex, which burgeoned from a small development into a massive, high-rise project that sticks out from its low-rise neighbors. According to the indictment, Sheetrit received hundreds of thousands of dollars in bribes.   Among those also sentenced on Tuesday was Sheetrit, who was sent to prison for seven years.
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    Notice that the former CEO of Israel's second-largest bank was among those convicted and sentenced to prison. So Israel joins Iceland in the exclusive club of nations willing to slap banksters with prison sentences, unless the sentence is overturned on appeal. 
Paul Merrell

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

  • The U.S. Attorney whose office prosecuted Native American activist Leonard Peltier 40 years ago wrote to President Obama just before Christmas to support the aging prisoner’s bid for clemency. James Reynolds, the former U.S. Attorney in Iowa, contacted the White House and the Department of Justice in a Dec. 21 letter asking that Peltier — now 71 and in failing health — be given a compassionate release. “I think it’s time,” Reynolds, 77, told the Daily News from his Florida home. “Forty years is enough,” the former U.S. attorney said.
  • He also admitted he’s not convinced of Peltier’s guilt — even though the activist was convicted of fatally shooting FBI agents Jack Coler and Ronald Williams and has spent the last four decades behind bars. “I don’t know. Who knows?” Reynolds said, when asked if the wrong man might have gone to prison. “The hardest thing is to try and go back and reconstruct history. He may not have (done the crime),” Reynolds said, adding that Peltier “would not be the first” to suffer a wrongful conviction.
  • “When you stand at the bottom and you look at the naked underbelly of our system, it has got flaws. It’s still the best one we’ve got, but at certain points there has to be a call for clemency and that’s where we are,” the former U.S. attorney said.
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  • As for the famously controversial trial for the June 1975 shootings and subsequent appeal from Peltier — which was rejected — Reynolds admitted that “we might have shaved a few corner here and there.” Reynolds was appointed to his position by former President Jimmy Carter in 1980. His predecessor, Evan Hultman, handled the original prosecution of Peltier for the FBI agents deaths during a wild shoot out at the Pine Ridge Indian Reservation in South Dakota. Reynolds asked Hultman to stay on and help block Peltier’s appeal, which failed to get his conviction overturned.
  • Peltier, who was part of the American Indian Movement in the 1970s — a group the FBI was investigating for suspected subversive activities — is considered a political prisoner by Amnesty International. His fight for freedom has garnered support from all corners of the globe and is a cause celebrated among many different social justice groups.
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    40 years later, the D.A. admits it may have been a wrongful conviction. Whew!
Paul Merrell

How the David Petraeus Prosecution Backfired - The Daily Beast - 0 views

  • The sordid tale of marital infidelity, cyber-stalking, and spilled secrets surrounding former CIA director David Petraeus is scheduled to come to a close Thursday, when the former four-star general is sentenced for his crimes. But Petraeus’s punishment will likely have lasting ramifications on future leak cases, national security lawyers said. They argue the government is cutting its own throat by offering him a more lenient sentence in the wake of harsher penalties to other leakers and creating a double standard that can be exploited by defense attorneys in future cases.“This is a horrible choice by the government,” said Mark Zaid, a national security lawyer for more than two decades. “I think it is going to have a negative impact. The judges who are going to be truly objective are going to look at the Petraeus case. Going forward, it is going to hurt the government’s cases.”
  • The hearing Thursday to sentence Petraeus for giving his former girlfriend and biographer highly classified information will happen only a few miles from her home in North Carolina. Petraeus will enter his plea on one misdemeanor count of unauthorized removal and retention of classified material before U.S. Magistrate Judge David Keesler in Charlotte. Petraeus is the second director of the CIA to be convicted for actions while leading the agency. President Nixon’s director, Richard Helms, was convicted in 1978 of lying to Congress about the CIA’s role in overthrowing President Salvador Allende of Chile. He received a two-year suspended sentence and a $2,000 fine.
  • And after John M. Deutsch, who served under President Clinton, left office, he was accused of mishandling classified information on his laptop. He lost his security clearance, but he was never prosecuted. Clinton pardoned him on his last day as president. Petraeus has the distinction, however, of being the only director forced to resign because of misdeeds while serving,
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  • In October 2012, Petraeus, then director of the CIA, praised the Kiriakou conviction.“Oaths do matter, and there are indeed consequences for those who believe they are above the laws that protect our fellow officers and enable American intelligence agencies to operate with the requisite degree of secrecy,” he said in a statement.Petraeus isn’t facing any jail time, however. His misdemeanor charge carries with it a one-year prison sentence, but prosecutors have suggested a sentence of two years’ probation and a $40,000 fine in return for a guilty plea. Judge Keesler is free to reject the prosecutors’ recommendation, but it rarely happens.
  • Petraeus can easily make $40,000 in one speaking engagement and likely makes seven figures as a partner at KKR, an equity firm, Zaid said. Indeed, Petraeus’s star hasn’t fallen far despite the charges, a very public affair, and his resignation from the CIA. He is advising the National Security Council on the self-proclaimed Islamic State, according to the White House. He is also a visiting professor at two universities.
Gary Edwards

Obama's Moralizing Tone May Not Wear Well - WSJ.com Dorothy Rabinowitz - 0 views

  • It's impossible to know what kind of history Mr. Obama has been reading but this much at least is true -- the generation he describes knew the importance of sturdy alliances all right. There was that one, for instance, between the American leader, Franklin Roosevelt, and the British, Winston Churchill. Both of them, along with their countrymen, were driven by one enduring conviction -- that fascism should be eradicated from the face of the earth and a total war of destruction waged on Imperial Japan and Nazi Germany until their surrender. It would be hard to find, in their pursuit of that purpose, any hint of that tempering quality of humility and restraint. Not that it isn't entertaining to imagine Roosevelt extending the hand of friendship and conciliation to Hirohito, or Churchill proposing to raise a glass and talk things over with Hitler.
  • political constituency whose chief enterprise has been these many years to portray the war on terror as an illicit enterprise, conducted by agents of government bent on robbing innocent Americans of their constitutional rights and instilling baseless fears -- and that has succeeded, with the invaluable aid of a like-minded quarter of the media, in presenting a picture of Guantanamo as a hell on earth akin to Auschwitz.
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    The generation of Americans who had faced down fascism and communism understood, Mr. Obama further explained on Inauguration Day, that power alone could not protect us. They understood that our security came not just from missiles and tanks but from "sturdy alliances" and "enduring convictions" -- it emanated from "the tempering quality of humility and restraint." It's impossible to know what kind of history Mr. Obama has been reading but this much at least is true -- the generation he describes knew the importance of sturdy alliances all right. There was that one, for instance, between the American leader, Franklin Roosevelt, and the British, Winston Churchill. Both of them, along with their countrymen, were driven by one enduring conviction -- that fascism should be eradicated from the face of the earth and a total war of destruction waged on Imperial Japan and Nazi Germany until their surrender. It would be hard to find, in their pursuit of that purpose, any hint of that tempering quality of humility and restraint. Not that it isn't entertaining to imagine Roosevelt extending the hand of friendship and conciliation to Hirohito, or Churchill proposing to raise a glass and talk things over with Hitler.
Paul Merrell

C.I.A. Officer Is Found Guilty in Leak Tied to Times Reporter - NYTimes.com - 0 views

  • Jeffrey A. Sterling, a former Central Intelligence Agency officer, was convicted of espionage Monday on charges that he told a reporter for The New York Times about a secret operation to disrupt Iran’s nuclear program.The conviction is a significant victory for the Obama administration, which has conducted an unprecedented crackdown on officials who speak to journalists about security matters without the administration’s approval. Prosecutors prevailed after a yearslong fight in which the reporter, James Risen, refused to identify his sources.
  • On the third day of deliberations, the jury in federal court in Alexandria, Va., convicted Mr. Sterling on nine felony counts. Mr. Sterling, who worked for the C.I.A. from 1993 to 2002 and now lives in O’Fallon, Mo., faces a maximum possible sentence of decades in prison, though the actual sentence is likely to be far shorter. Judge Leonie M. Brinkema of Federal District Court, who presided over the weeklong trial, allowed Mr. Sterling to remain free on bond and set sentencing for April 24.
  • The Justice Department had no direct proof that Mr. Sterling, who managed the Iranian operation, provided the information to Mr. Risen, but prosecutors stitched together a strong circumstantial case.
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  • The trial was part Washington spectacle, part cloak and dagger. Former Secretary of State Condoleezza Rice testified, as did C.I.A. operatives who gave only their first names and last initials, with their faces shielded behind seven-foot-high partitions. A scientist was referred to only by his code name, Merlin. His wife was Mrs. Merlin.Officials revealed their preferred strategies for persuading reporters not to run sensitive stories. Jurors learned that, at the C.I.A.’s office in New York, employees could easily walk out with classified documents and never be searched.
  • Mr. Sterling is the latest in a string of former officials and contractors the Obama administration has charged with discussing national security matters with reporters. Under all previous presidents combined, three people had faced such prosecutions. Under President Obama, there have been eight cases, and journalists have complained that the crackdown has discouraged officials from discussing even unclassified security matters.
  • While the administration has defended the crackdown, Mr. Holder said he believed it went too far at times when it targeted journalists. Under Mr. Holder, prosecutors seized phone records from The Associated Press, labeled one Fox News reporter a potential criminal co-conspirator for inquiring about classified information and tried to force another to testify before a grand jury.
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    "Mr. Holder said he believed it went too far at times when it targeted journalists." What Attorney-General Holder actually meant was that he believed it went too far at times when it targeted journalists *who work for major publishers."* Mr. Holder has allowed prosecutions of journalists who do not work for major publishing firms to proceed, e.g., Barrett Brown. 
Paul Merrell

Iceland convicts bad bankers and says other nations can act | Reuters - 0 views

  • Iceland's Supreme Court has upheld convictions of market manipulation for four former executives of the failed Kaupthing bank in a landmark case that the country's special prosecutor said showed it was possible to crack down on fraudulent bankers. Hreidar Mar Sigurdsson, Kaupthing's former chief executive, former chairman Sigurdur Einarsson, former CEO of Kaupthing Luxembourg Magnus Gudmundsson, and Olafur Olafsson, the bank's second largest shareholder at the time, were all sentenced on Thursday to between four and five and a half years.The verdict is the heaviest for financial fraud in Iceland's history, local media said. Kaupthing collapsed under heavy debts after the 2008 financial crisis and the four former executives now live abroad. Though they sometimes returned to Iceland to collaborate with the court investigation, none were present on Thursday.Iceland's government appointed a special prosecutor to investigate its bankers after the world's financial systems were rocked by the discovery of huge debts and widespread poor corporate governance. He said Thursday's ruling was a signal to countries slow to pursue similar cases that no individual was too big to be prosecuted.
  • "This case...sends a strong message that will wake up discussion," special prosecutor Olafur Hauksson told Reuters. "It shows that these financial cases may be hard, but they can also produce results."Not all of Iceland's prosecutions have succeeded. But the country's efforts contrast with the United States and particularly Europe, where though some banks have been fined, few executives have been tried and voters suffering post-crisis austerity conditions feel bankers got off lightly.A recent scandal at the Swiss private bank of Europe's biggest lender HSBC has highlighted the controversy again and sparked a political row about whether the bank did enough to pursue possible tax dodgers..
  • Iceland struggled initially to appoint a special prosecutor. Hauksson, 50, a policeman from a small fishing village, was encouraged to put in for the job after the initial advertisement drew no applications. Nor have all of his prosecutions been trouble-free: two former bank executives were acquitted in one case, while sentences imposed on others have been criticized for being too light.However, Icelandic lower courts have convicted the chief executives of all three of its largest banks for their responsibility in a crisis that prosecutors said highlighted the operations of a club of wealth financiers in a country of just 320,000 people.They also convicted former chief executives of two other major banks, Glitnir and Landsbanki, for charges ranging from fraud and market manipulation.Parliament relaxed bank secrecy laws in Iceland to help the prosecutors investigate bank documents without court orders."Why should we have a part of our society that is not being policed or without responsibility?" Hauksson said. "It is dangerous that someone is too big to investigate - it gives a sense there is a safe haven."Seven criminal cases involving bankers have made it to the Supreme Court, which upheld six of them. Five more, including cases of CEOs - are due to be heard by the top court. Another 14 cases are awaiting possible prosecution, Hauksson said.
Paul Merrell

Blackwater Guards Found Guilty in 2007 Iraq Killings - NYTimes.com - 0 views

  • Four former Blackwater Worldwide security guards were convicted and immediately jailed Wednesday for their roles in a deadly 2007 shooting in Baghdad’s Nisour Square that marked a bloody nadir in America’s war in Iraq.A jury in Federal District Court found that the deaths of 17 Iraqis in the shooting, which began when a convoy of the guards suddenly began firing in a crowded intersection, was not a battlefield tragedy, but the result of a criminal act.The convictions on murder, manslaughter and weapons charges represented a legal and diplomatic victory for the United States government, which had urged Iraqis to put their faith in the American court system. That faith was tested repeatedly over seven years as the investigation had repeated setbacks, leaving Iraqis deeply suspicious that anyone would be held responsible for the deaths.
  • One defendant, Nicholas A. Slatten, a sniper who the government said fired the first shots, was convicted of murder. The others — Dustin L. Heard, Evan S. Liberty and Paul A. Slough — were convicted of voluntary manslaughter and using a machine gun to carry out a violent crime. A fifth contractor, Jeremy Ridgeway, previously pleaded guilty to manslaughter and cooperated with prosecutors.Jurors could not reach verdicts on several of the counts against Mr. Heard, but that will have little bearing on the sentencing. The machine-gun charges carry mandatory 30-year minimum prison sentences, more than the manslaughter charges. Mr. Slatten faces possible life in prison. No sentencing date has been set.
  • The trial was an epilogue to the story of Blackwater, which began as a police- and military-training facility in North Carolina and came to symbolize the country’s outsourcing of its wartime responsibilities.About 1,000 of Blackwater’s contractors guarded diplomats in Iraq. Others loaded bombs onto Predator drones. The company’s founder, Erik Prince, tapped retired Central Intelligence Agency officials for executive positions, and at one point, the C.I.A. hired Blackwater contractors to covertly track and kill Qaeda operatives worldwide, a program that was shelved before any killings were conducted. While the company’s security guards were involved in scores of shootings in Iraq, it was the 2007 incident in Nisour Square that helped cement Blackwater’s image as a company that operated with impunity because of its lucrative contracts with the American government. The company became the subject of several Justice Department investigations, all of which the company and its executives survived. But ultimately, public outrage over the shooting contributed to Blackwater’s demise. It lost its contracts and was renamed, sold and renamed again.
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  • The criminal trial raised novel legal issues, and the case is expected to wind through the appellate courts for a year or more. One issue — whether the Justice Department had jurisdiction to bring the case at all — could undo the entire case.Under federal law, the government has jurisdiction for overseas crimes committed by defense contractors or those supporting the Pentagon’s mission. Blackwater was working for the State Department, a distinction that jurors concluded did not matter but which has not been tested.
Paul Merrell

Bush Administration Convicted of War Crimes - Dr. Francis Boyle #N3 | Next News Network... - 0 views

  • Former U.S. President George W. Bush recently dedicated his Presidential Library in Dallas. The ceremony included speeches by President Obama, ex-President Bush, and every other living ex-president. But none of the speeches so much as mentioned to Iraq war — the undertaking that dominated George W. Bush’s presidency, and will define his historic legacy. This omission might be due, at least in part, to the fact that Mr. Bush is now a convicted war criminal who dares not travel abroad out of fear of being arrested. In February 2011, Bush was forced to cancel a scheduled appearance in Geneva, Switzerland after human rights groups filed a criminal complaint charging him with violating international treaties against torture. His trouble increased dramatically a year ago when Bush — along with former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, and several other top Bush administration officials — were convicted of war crimes in absentia by a special war crimes tribunal in Kuala Lumpur, Malaysia.
  • The Kuala Lumpur War Crimes Commission was convened and conducted according to internationally recognized procedures and rules of evidence, and the week-long hearing ended with the five-member panel unanimously delivering guilty verdicts. What is the significance of that tribunal? Is its verdict legally binding? Are there troublesome aspects to the idea that a foreign tribunal can sit in judgment of a U.S. President — whatever we may think of his actions? We will discuss these vitally important questions with Dr. Francis Boyle, a professor of international law at the University of Illinois College of Law. He served as a prosecutor at the tribunal.
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    I did not bookmark the news about this tribunal's decision last year because I mistakenly assumed that it was a mock trial, that it had no legal force.  But in this interview with renowned international law professor Francis Boyle, who served as co-prosecutor, I learned that the trial was legally constituted, and that international law requires other nations to either extradite Bush and his top officials or independently try them for war crimes and crimes against humanity. Note that Boyle gives Obama no points either, calling for his impeachment and prosecution. So we might look forward to a similar prosecution of Obama and his top officials after he leaves office. 
Paul Merrell

Trader, Kareem Serageldin, pleads guilty to role in banking crash - Crime - UK - The In... - 0 views

  • In a case described by lawyers as a "tale of greed run amok", a trader who hid a £351m loss so he could pocket a £4.5m bonus has become the most senior City figure to be convicted for the kind of mortgage fraud that helped precipitate the global financial crisis.
  • After years of being pursued by US authorities, who eventually extradited him from the UK to face justice, Serageldin finally pleaded guilty to conspiracy in a packed New York City courtroom on Friday. His conviction will go a small way to answering claims that those responsible for the financial crisis have escaped being held to account for their actions.
  • He told the US District Judge Alvin Hellerstein he did it "to preserve my reputation in the bank at a time when there was great financial turmoil in the marketplace". Higgs and Siddiqui previously pleaded guilty to overstating the value of the mortgage-backed assets, which were held in a portfolio called ABN1. But both men, who agreed to co-operate with prosecutors, claimed they acted at Serageldin's direction. Under a plea agreement with the government, Serageldin agreed to forfeit £650,000 as proceeds of the crime, and under federal sentencing guidelines, Serageldin is likely to receive about five years in prison when he is sentenced on 2 August.
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    First banksters convicted criminally in the U.S. in financial collapse.
Gary Edwards

New Snowden Statement: 'The Obama Administration Is Afraid of You' - 0 views

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    "This just released by WikiLeaks: July 1st Statement from Super Patriot & NSA Whistleblower extraordinaire, Edward Snowden .......... One week ago I left Hong Kong after it became clear that my freedom and safety were under threat from my government for revealing the truth. My continued liberty has been owed to the efforts of friends new and old, family, and others who I have never met and probably never will. I trusted them with my life and they returned that trust with a faith in me for which I will always be thankful. On Thursday, President Obama declared before the world that he would not permit any diplomatic "wheeling and dealing" over my case. Yet now it is being reported that after promising not to do so, the President ordered his Vice President to pressure the leaders of nations from which I have requested protection to deny my asylum petitions. This kind of deception from a world leader is not justice, and neither is the extralegal penalty of exile. These are the old, bad tools of political aggression. Their purpose is to frighten, not me, but those who would come after me. For decades the United States of America have been one of the strongest defenders of the human right to seek asylum. Sadly, this right, laid out and voted for by the U.S. in Article 14 of the Universal Declaration of Human Rights, is now being rejected by the current government of my country. The Obama administration has now adopted the strategy of using citizenship as a weapon. Although I am convicted of nothing, it has unilaterally revoked my passport, leaving me a stateless person. Without any judicial order, the administration now seeks to stop me exercising a basic right. A right that belongs to everybody. The right to seek asylum. In the end the Obama administration is not afraid of whistleblowers like me, Bradley Manning or Thomas Drake. We are stateless, imprisoned, or powerless. No, the Obama administration is afraid of you. It is afraid of an informed, angry public de
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