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Paul Merrell

CT Soldier Demands Apology From Karl Rove; Rove Says No Apology Needed For Iraq War - H... - 0 views

  • yan Henowitz says he was 20 years old and a medic with the 2nd Battalion of the 7th Infantry Regiment when he saw his friends “torn apart and Iraqi children screaming for their parents as indiscriminate shrapnel scarred them and us in ways that we will never know,” he told Karl Rove Tuesday at the University of Connecticut in Storrs. “Take responsibility and apologize for your decision in sending a generation to lose their humanity” and “apologize to the millions of fathers and mothers who lost their children on both sides” of the war, Henowitz demanded. WATCH: Karl Rove Calls Sen. Elizabeth Warren 'Pocahontas' Karl Rove calls Sen. Elizabeth Warren “Pocahontas” during an event on UConn's Storrs campus Tuesday evening. Karl Rove calls Sen. Elizabeth Warren “Pocahontas” during an event on UConn's Storrs campus Tuesday evening. See more videos Rove, former deputy chief of staff and senior adviser to President George W. Bush, who was in Storrs at the invitation of UConn College Republicans, thanked Henowitz for his service and said he was sorry for “what you went through,” but said he would not apologize for the war.
  • “It was right to remove Saddam Hussein from power. ... We should be proud of what we were able to do in Iraq and we should be sorry that we left them alone, because when we left them, things deteriorated,” Rove said.
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    Over a million killed in Iraq and that country is in worse turmoil than ever, but Karl Rove is still unrepentant, says that removing Saddam from power was worth it. That war was a highly illegal war of aggression even by the Bush II Administration's own justifications. "Regime change" is not a lawful casus belli. 
Paul Merrell

Elizabeth Warren and Bernie Sanders get off Israel bandwagon, for once - Mondoweiss - 0 views

  • The Senate is warning Palestinians against undertaking any “negative” unilateral actions re Israel at the United Nations, and look who isn’t signing on to the letter that AIPAC has endorsed: Elizabeth Warren of Massachusetts. Folks have been pressing Warren and her staffers not to sign this letter – and she didn’t. Neither did Bernie Sanders of Vermont. Maybe the national publicity and pressure on these progressives over their Israel-Palestine positions moved them? Maybe they’re tacking ahead of 2016? Here are the 12 non-signers, from both parties: Bernard Sanders (I), Bob Corker (R), Elizabeth Warren (D), Harry Reid*, Jeff Sessions (R), John D. Rockefeller IV*, Lisa Murkowski (R), Patrick J. Leahy* (D), Rand Paul (R), Tammy Baldwin (D), Tom Coburn (R), Tom Harkin* (D). (*Majority leader/ senior committee chairs who don’t usually subscribe to these things) Is this the beginning of a Senate “refuser caucus”? We can only hope
  • The Senate is warning Palestinians against undertaking any “negative” unilateral actions re Israel at the United Nations, and look who isn’t signing on to the letter that AIPAC has endorsed: Elizabeth Warren of Massachusetts. Folks have been pressing Warren and her staffers not to sign this letter – and she didn’t. Neither did Bernie Sanders of Vermont. Maybe the national publicity and pressure on these progressives over their Israel-Palestine positions moved them? Maybe they’re tacking ahead of 2016? Here are the 12 non-signers, from both parties: Bernard Sanders (I), Bob Corker (R), Elizabeth Warren (D), Harry Reid*, Jeff Sessions (R), John D. Rockefeller IV*, Lisa Murkowski (R), Patrick J. Leahy* (D), Rand Paul (R), Tammy Baldwin (D), Tom Coburn (R), Tom Harkin* (D). (*Majority leader/ senior committee chairs who don’t usually subscribe to these things) Is this the beginning of a Senate “refuser caucus”? We can only hope.
  • J Street supported the letter, right alongside AIPAC. Another sign of JStreet as “AIPAC Lite” giving liberal cover for the Israel lobby agenda. The text of the letter is up at New Hampshire Senator Kelly Ayotte‘s site. It urges the State Department to keep Hamas from rebuilding its military capabilities and governing Gaza, and to prevent the Palestinian Authority from going to the International Criminal Court.
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  • J Street supported the letter, right alongside AIPAC. Another sign of JStreet as “AIPAC Lite” giving liberal cover for the Israel lobby agenda. The text of the letter is up at New Hampshire Senator Kelly Ayotte‘s site. It urges the State Department to keep Hamas from rebuilding its military capabilities and governing Gaza, and to prevent the Palestinian Authority from going to the International Criminal Court.
  • The full text of the Senators’ letter is below:
  • The full text of the Senators’ letter is below:
Paul Merrell

Did Elizabeth Warren Just Change Her Tune on Running for President? | The Nation - 0 views

  • It is certainly possible Warren just got sloppy during the umpteenth iteration of this question, and used looser language than normal while speaking with a non-political reporter. But it’s also true that she’s been increasingly explicit in her criticisms of the Democratic establishment and its relationship with big banks. She told Salon last week that the Obama administration “protected Wall Street. Not families who were losing their homes. Not people who lost their jobs. And it happened over and over and over.”
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    So were I a Democratic party line voter, would I prefer Hillary or Elizabeth Warren? Or better yet, would We the People like to see a faceoff in the Democratic Primary between an anti-bankster and a bankster co-conspirator? 
Paul Merrell

FinCEN Files: Bernie Sanders and Elizabeth Warren join watchdog groups in calling for b... - 1 views

  • Prominent U.S. senators Bernie Sanders and Elizabeth Warren have joined watchdog groups and banking regulators in calling for a crackdown on dirty money and banks that profit from it in the wake of the FinCEN Files investigation. Sanders and Warren, former candidates for the 2020 Democratic presidential nomination who both inspired strong support on the left, called for tougher consequences for banks and their executives who move money linked to crime and corruption.
  • Sanders’ messages came less than a day after the International Consortium of Investigative Journalists’ release of FinCEN Files, a global investigation revealing how leading banks allowed trillions of dollars in tainted money to flow freely through the financial system. Based on more than 2,100 secret reports filed by banks to the U.S. Department of Treasury and obtained by BuzzFeed News, the investigation included more than 400 journalists in 88 countries around the world. Warren also called for a crackdown on banks that are complicit in the spread of dirty money, highlighting policy proposals that would strengthen the ability of law enforcement to combat white collar crime. Warren called for the creation of a new unit in the U.S. Treasury Department to investigate financial crimes linked to the flow of dirty money. She also pushed for the passage of the Ending Too Big to Jail Act, a law she proposed in 2018 that would make it easier to hold Wall Street executives criminally accountable when the banks they lead engage in illegal activity.
  • Elizabeth Rosenberg, a former sanctions official for the U.S. Treasury Department, said the revelations exposed the national security threats posed by banks’ laxity. “The FinCEN Files illustrate the alarming truth that an enormous amount of illicit money is sloshing around our financial system, and that U.S. banks play host and facilitator to rogues and criminals that represent some of America’s most insidious national security threats,” Rosenberg told the Wall Street Journal. Rosenberg urged the passage of stronger transparency laws that crack down on the use of anonymous companies, which are often used for money laundering.
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  • Legislation that would end shell companies by creating a national registry of the real, flesh-and-blood owners of all U.S. companies enjoys overwhelming support in both parties, but remains stalled in the U.S. Senate due to a packed schedule and partisan dysfunction, ICIJ reported in August.
Paul Merrell

Kerry portrait of Syria rebels at odds with intelligence reports | Reuters - 0 views

  • Secretary of State John Kerry's public assertions that moderate Syrian opposition groups are growing in influence appear to be at odds with estimates by U.S. and European intelligence sources and nongovernmental experts, who say Islamic extremists remain by far the fiercest and best-organized rebel elements. At congressional hearings this week, while making the case for President Barack Obama's plan for limited military action in Syria, Kerry asserted that the armed opposition to Syrian President Bashar al-Assad "has increasingly become more defined by its moderation, more defined by the breadth of its membership, and more defined by its adherence to some, you know, democratic process and to an all-inclusive, minority-protecting constitution."And the opposition is getting stronger by the day," Kerry told the Senate Foreign Relations Committee on Tuesday.U.S. and allied intelligence sources and private experts on the Syrian conflict suggest that assessment is optimistic.
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    The linked article points to multiple intelligence reports and disagreeing opinions by experts, both inside government and out.  To top it off, Kerry's stated source of information, the author of a Wall Street Journal article, concealed her ties to a Syrian opposition lobbying group along with her own prior inconsistent statements. See e.g., Daniel Greenfield, The Wall Street Journal's Misleading Report on the "Moderate" Syrian Opposition, Front Page Mag (2 September 2013), http://frontpagemag.com/2013/dgreenfield/the-wall-street-journals-misleading-report-on-the-moderate-syrian-opposition/ (debunking Journal article using its author's own prior statements) Charles C. Johnson, Woman informing Kerry, McCain's opinions on Syria also an advocate for Syrian rebels, The Daily Caller (5 September 2013), http://dailycaller.com/2013/09/05/woman-informing-kerry-mccains-opinions-on-syria-also-an-advocate-for-syrian-rebels/ Michael Calderone, Wall Street Journal Op-Ed Draws Scrutiny Over Writer's Ties To Syrian Rebel Advocacy Group, Huffington Post (6 September 2013), http://www.huffingtonpost.com/2013/09/06/wall-street-journal-syria-elizabeth-obagy_n_3881477.html Max Blumenthal, Shady PR operatives, pro-Israel ties, anti-Castro money: Inside the Syrian opposition's DC spin machine, Mondoweiss (7 September 2013), nofollow
Paul Merrell

Foiled Plot by Alleged Islamic Terrorists to Kill Queen Elizabeth. It was not a False F... - 0 views

  • An alleged  plot to kill Her Majesty the Queen was uncovered barely 2 days before the Remembrance Day celebrations. Four suspected Islamic terrorists were arrested by police for having put together a carefully designed plot to kill Queen Elizabeth II. A scanty yet authoritative police report was made public in a timely fashion on Friday, two days before the Remembrance Day celebrations.
  • The British media is rife with fabrications and innuendoes. The police reports were distorted by the media. This carefully designed plot to stab Her Majesty with a knife hit the headlines of  the weekend editions of London’s major tabloids, coinciding with the Remembrance Day Event.
  • According to Scotland Yard, the arrests were related  to “Islamist related terrorism”. Confirmed by the police reports, the alleged terrorists were supporters of the Islamic State (ISIL)  and had been called upon to extend the holy jihad to Western Europe.  Lest we forget the Islamic State (ISIS) is a creation of US intelligence, supported and financed out of Qatar and Saudi Arabia. Since the outset of the war in Syria in March 2011, US-NATO and their allies have been supporting the terror brigades.
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    Prof. Michael Chossudovsky, Canadian publisher of Global Research, debunks wild rumors ricocheting through the UK press about four alleged "terrorists" arrested by Scotland Yard supposedly under the control of ISIL. The media have grafted onto that arrest, without confirmation by the police, that they plotted to kill the Queen, then the entire royal family, and then the "British" in general.  Chossudovsky ponts out that since ISIL is "a creation of US intelligence, supported and financed out of Qatar and Saudi Arabia. Since the outset of the war in Syria in March 2011, US-NATO and their allies have been supporting the terror brigades."  The House of Commons has been adamant that the UK shall not participate in the Syrian War. It appears that an effort is being made to change MP minds using pro-war propagaqnda.
Paul Merrell

If Elizabeth Warren Were Running for President, This Would Be Her Agenda | The Nation - 0 views

  • If Elizabeth Warren ran for president, a key part of her campaign—if not the centerpiece—would likely involve how to restructure the financial sector in a less dangerous and more productive way. Dodd-Frank was by many accounts a good start, but it’s clear the economy is still over-financialized and too-big-to-fail banks continue to pose an existential threat. Warren isn’t running for president, but she unveiled that exact agenda in a sweeping speech Wednesday in a conference at the Levy Institute in Washington. It advocated an array of specific, often ambitious policy proposals, many of which have circulated in Washington for years and that Warren, at various times, has already called for. But tied together in one place, and packaged as a clear call for structural and not just technocratic changes, a blueprint emerged for how Warren thinks Democrats should attack continued financial reform. Whether purposeful or not, the speech was timed exactly to start of Hillary Clinton’s 2016 presidential campaign.
  • Her ideas fit into four basic categories: first, getting tougher on bad financial actors, particularly big banks, and presenting them with actual legal accountability for malfeasance. Second, Warren outlined how to change the basic structure of the country’s largest financial institutions so their very existence doesn’t threaten the economy nor taxpayer money via inevitable bailouts. Third, she outlined how to change tax policies that incentivize financial risk-taking and instability. And finally, Warren called for tougher regulations on the shadow-banking sector that was a huge contributor to the 2008 crash and which remained largely untouched by Dodd-Frank.
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    Nice set of points for financial reform activists to use in forcing Hillary to take positions.
Paul Merrell

Elizabeth Warren Denounces Travesty of Government "Settlement" With Goldman Sachs - 0 views

  • Criticism of US government leniency on Wall Street legal transgressions is now being covered widely - even by trade publications such as the National Mortgage Professional Magazine. On January 18, the trade publication ran an article about Sen. Elizabeth Warren (D-Massachusetts) condemning the most recent US government settlement with a "too-big-to-fail" financial firm, in this case Goldman Sachs, for illegal abuse of the mortgage market: Sen. Warren used her Facebook page to denounce the agreement, noting that the settlement sum was “barely a fraction of the billions investors lost” while arguing that Goldman Sachs was not properly penalized for its actions. “That’s not justice – it’s a white flag of surrender,” she wrote. “It’s time to end this farce. These companies think they’re above the law – and too many government officials go along with them. A first step would be to pass the bipartisan Truth in Settlements Act to shine more light on these backroom deals. A second step would be to get government officials who have the backbone to fight back.” Warren’s comments were echoed by the nonprofit U.S. Public Interest Research Group (U.S. PIRG).
  • The publication, which is geared toward professionals in the mortgage industry, also tellingly noted, "In announcing the [$5.1 billion] settlement, Goldman Sachs made no admission of guilt or error, and no executive from the New York-based financial giant will face criminal or civil charges."  As we have noted in this space many times, the seemingly large financial penalties levied on Wall Street firms for illegal activity are not so large, in the context of those firms' budgets: The fines are generally less than the revenue that the firms generated by engaging in the often fraudulent practices in the first place. As The Huffington Post noted in a report on the recent settlement,  About $2.4 billion of the settlement is in the form of a government penalty. The bank has said that it securitized about $125 billion of home loans between 2005 and 2008, of which about $23 billion eventually soured. The penalty represents about 10 percent of investors’ losses. Goldman can deduct the rest of the settlement, about $2.7 billion, from its future tax bills, according to a person familiar with the accord. The bank said the settlement will reduce its fourth-quarter profit by about $1.5 billion. It reports earnings next week.
  • Goldman Sachs is being let off the hook for 90 percent of the investor losses for which it was primarily responsible. Furthermore, as is consistent with past settlements with Wall Street firms by the Department of Justice and other executive agencies, much of the fine is tax-deductible. As BuzzFlash has noted before, this rewards Wall Street financial companies by allowing them to factor in settlements with the government for illegal behavior as nothing more than the cost of doing business. Former Attorney General Eric Holder, who left office last year to resume a six-figure-salary partnership at the DC corporate law firm of Covington & Burling (which defends many of the firms that Holder was responsible for prosecuting as attorney general), infamously stated to a US Senate committee in March of 2013: 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 we do prosecute - if we do bring a criminal charge - it will have a negative impact on the national economy, perhaps even the world economy.  Apparently, under current Attorney General Loretta Lynch, that legal exemption for too-big-to-fail financial firms and their executives has not changed.
Gary Edwards

I Am a Peaceful AR-15 Assault Rifle Owner | Casey Research - 0 views

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    ""Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurances and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference - they deserve a place of honor with all that's good." George Washington I can't think of any reason I need to own my AR-15 assault[1] rifle. I don't pretend to need it for self defense. I also own several handguns. Any one of my handguns would be adequate to allow me an opportunity to defend myself, or another person, from virtually any act of aggression by another individual. Indeed, I could have easily halted any of the recent gun based rampages, by any of those deranged lunatics, with just one of my handguns. I wish I had been there. I have needlessly and peacefully owned my AR-15 for many years. I keep my AR-15 securely locked in a gun safe in the very same home where my young children live. My children are aware of my AR-15. Like many other things in life, I have taught my children about guns. Recently, some of my kids attended a private gun safety class given by a highly experienced gun expert. I enjoyed watching my kids learn about my AR-15. I admit being a bit nostalgic about my AR-15. I spent lots of time learning about every aspect of the AR-15 when I was in Marine Corps boot camp at Parris Island, South Carolina. I also carried an AR-15 when I served my country in Operation Desert Storm in Saudi Arabia. I had it with me when I lived in a dirt hole on the border of Kuwait. It is the weapon I know better than any other. I own lots of dangerous things I don't need. I don't need my highly modified 600+ hp Z06 Corvette, or my Harley Davidson motorcycle, or that crazy looking knife I sometimes jokingly say was imported directly from the Klingon Empire.[2] Al
Paul Merrell

Bankers Left Reeling as Senator Elizabeth Warren Grills Financial Regulators - 0 views

  • It was an artful if devastating performance. In just seven minutes, Senator Elizabeth Warren from Massachusetts signaled the arrival of what appears destined to be a powerful force on Capitol Hill. At the influential Banking Committee, Senator Warren exposed profound weaknesses with current market conduct and prudential regulation paradigms. She did so by focusing on two apparently simple but interlinked (and exceptionally complex) questions associated with the governance of major financial firms: can or should too complex institutions be broken up? First, she asked, when was the last time a major Wall Street bank was successfully litigated against to a conclusion?
  • Second, Senator Warren wondered, why was it that these same banks were trading below asset value?
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    7:39 minutes of tragi-comedy. Life on the Senate Banking Committee is going to be much more interesting with Liz Warren asking questions. 
Gary Edwards

IRS Lawyer Carter Hull Confirms Tea Party Targeting Ordered By Washington - Investors.com - 0 views

  • Hull has confirmed the premeditated targeting of Tea Party groups went even higher than him or Lerner.
  • Apparently not only Tea Party groups were targeted but actual candidates as well. On March 9, 2010, the day Tea Party candidate Christine O'Donnell revealed her plan to run for Vice President Joe Biden's former Delaware Senate seat , an IRS tax lien was placed on a house purported to be hers, an action that was quickly publicized by those who did not wish her well.
  • Earlier this year, Dennis Martel, special agent with the Department of Treasury in Baltimore, left a message on O'Donnell's cell phone telling her that an official in Delaware state government had improperly accessed her records on that very same day. The problem was that the house was not hers in the first place and the IRS eventually blamed the lien on a computer glitch and withdrew it.
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  • To us it is inconceivable that one of only two political appointees was directly involved in targeting of Tea Party groups without White House knowledge and consent. It is said the fish rots from the head, and this one is really beginning to stink.
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    This has gone way too far.  The 2012 elections must be nullified and rescheduled.  Tens of millions of American citizens have been systematically targeted, their civil and Constitutional rights destroyed, and their voices and votes politically eliminated by a massive government conspiracy.  The 2012 election is a fraud.  And nothing short of complete nullification and recall, and the termination of the IRS will do the great Republic justice. excerpt: Scandal: A retiring IRS lawyer implicates the IRS chief counsel's office, headed by an Obama appointee, as well as the head of the IRS' exempt organizations office. The targeting included a Tea Party Senate candidate. In Thursday's hearing before the House Oversight Committee, 72-year-old retiring IRS lawyer Carter Hull implicated the IRS chief counsel's office headed by William J. Wilkins, who attended at least nine White House meetings, and Lois Lerner, head of the exempt-organizations office, in the IRS scandal. In so doing, he made clear the targeting of Tea Party groups started in Washington and was directed from Washington. A tax-law specialist with 48 years of IRS experience, Hull testified that Lerner, the former head of the exempt organizations division, demanded that he send some of the reviews of Tea Party groups to the IRS chief counsel's office in Washington. The chief counsel is one of two political appointees in the IRS. According to Hull's testimony, Lerner, who famously pleaded her Fifth Amendment rights before the same committee, gave an atypical instruction that the Tea Party applications undergo special scrutiny that included an uncommon multilayer review that involved a top adviser to Lerner as well as the chief counsel's office. Hull's name came up earlier in the testimony of Holly Paz, a D.C.-based supervisor in the IRS's tax-exempt status division, who reported to Lerner. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from
Gary Edwards

Articles of Impeachment Against Obama - 0 views

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    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "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 ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

  • The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.
  • Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
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  • The foreign exchange investigation, which centers on accusations that traders colluded to fix the price of major currencies, will test the Justice Department’s strategy for securing guilty pleas on Wall Street.
  • In the case of UBS, the bank will lose its nonprosecution agreement over interest rate manipulation, the people briefed on the matter said, a consequence of its misconduct in the foreign exchange case. It is unclear why that penalty will fall on UBS, but not on other banks suspected of manipulating both interest rates and currency prices.
  • the bank is expected to avoid pleading guilty in the foreign exchange case, the people said, though it will probably pay a fine. While UBS was unlikely to plead guilty to antitrust violations because it was the first to cooperate in the foreign exchange investigation, the bank was facing the possibility of pleading guilty to fraud charges related to the currency manipulation. The exact punishment is not yet final, the people added.The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • In turn, the S.E.C. asked the Justice Department to hold off on announcing the currency cases until the banks’ requests had been reviewed, one of the people said. As of Wednesday, it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Corporate prosecutions are a delicate matter, peppered with political and legal land mines. Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas. Continue reading the main story Recent Comments AvangionQ 14 hours ago These are the sorts of crimes that take down nations, jail sentences should be mandatory. Lance Haley 14 hours ago I find this whole legal exercise not only irrational, but insulting. I am a criminal defense attorney. Punishing the shareholders and the... loomypop 14 hours ago There is much more than Irony in the reality of how America treats criminal action and punishment when the entire determination and outcome... See All Comments And lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
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    In related news, the Dept. of Justice announced that it would begin using its "collateral consequences" analysis to decisions whether to charge human beings with crimes, taking into account the hardships imposed on innocent family members and other dependents if a person were sentenced to prison.  No? Sounds like corporations have more rights than human beings, yes?
Paul Merrell

Bank Of America's $17 Billion Mortgage Crisis Settlement Could Be A Total Bust | ThinkP... - 0 views

  • Bank of America has agreed to a legal settlement with the Department of Justice (DOJ) to avoid prosecution for the hundreds of billions of dollars in bad mortgage loans that it and its subsidiaries sold to unwitting investors in the run-up to the financial crisis, according to multiple new reports. The total on-paper cost of the deal is reportedly at least $16 billion and perhaps as high as $17 billion, which makes it the largest corporate legal settlement with the government in U.S. history. But that record price tag is deceptive. The deal is unlikely to cost Bank of America anywhere close to that amount.
  • the government’s decision to pursue civil settlements rather than criminal cases against banks that inflated the toxic mortgage bubble means that shareholders pay the price while executives who oversaw the misconduct earn large bonuses.
  • “If you let a thief buy his way out of jail, you should really make sure the check doesn’t bounce,” HDL national campaign director Kevin Whelan said in an email. “Even a record $17 billion settlement is a small fraction of the damage done by B of A and Countrywide. But it could do real good for a lot of families,” Whelan said. “The fact that the JP Morgan Chase settlement has not delivered any noticeable relief to families makes us skeptical.”
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  • Even at face value, the reported settlement is minuscule compared to the harm caused by Bank of America companies. The on-paper cost of the deal is less than 7 percent of the value of the mortgage deals Bank of America and its subsidiaries Countrywide and Merrill Lynch made before the crisis that have since gone bad. (Bank of America bought Countrywide and Merrill Lynch at the height of the crisis.) Those three companies issued just shy of a trillion dollars in mortgage-backed securities in the run-up to the financial collapse, and $245 billion of those products have gone bad, according to Bloomberg. Bank of America had pushed for a much smaller settlement for months, arguing that it should not have to pay for the sins of the firms it bought at bargain-bin prices when the economy was reeling. But a court ruling last month regarding Countrywide’s most notorious mortgage swindle caused the bank to change its tune, according to the New York Times. Judge Jed Rakoff ordered the bank to pay about $1.3 billion for one tranch of defective mortgages sold under a program that Countrywide nicknamed “Hustle” because of its fraudulent nature. Having lost one court case over Countrywide’s notorious misdeeds, the Times says, Bank of America decided to stop resisting federal officials’ settlement demands.
  • After tax deductions, the settlement could easily shrink below the roughly $15 billion in profits the company has reported since 2011. And because the financial crisis sucked something like $14 trillion out of the economy and destroyed tens of trillions of dollars in wealth for homeowners, the DOJ can hardly claim to have delivered a proportional response. The department’s claims about the Bank of America settlement are likely to draw political scrutiny. A bipartisan bill from Sens. Elizabeth Warren (D-MA) and Tom Coburn (R-OK) would require government officials to state the full tax deductibility and true cost of corporate legal settlements in all public statements about them. That bill, inspired by the revelations that JP Morgan’s sweetheart deal with the DOJ didn’t come close to the portrait that Attorney General Eric Holder painted of it, was passed out of committee late last month.
Paul Merrell

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

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

American Democracy is Owned by the Rich | Al Jazeera America - 1 views

  • Two new studies by political scientists offer compelling evidence that the rich use their wealth to control the political system and that the U.S. is a democratic republic in name only. In a study of Senate voting patterns, Michael Jay Barber found that “senators’ preferences reflect the preferences of the average donor better than any other group.” In a similar study of the House of Representatives, Jesse H. Rhodes and Brian F. Schaffner found that, “millionaires receive about twice as much representation when they comprise about 5 percent of the district’s population than the poorest wealth group does when it makes up 50 percent of the district.” In fact, the increasing influence of the rich over Congress is the leading driver of polarization in modern politics, with the rich using the political system to entrench wealth by pushing for tax breaks and blocking redistributive policies.
  • At the turn of the decade, political scientists Larry Bartels, Jacob Hacker and Martin Gilens wrote several incredibly influential important books arguing, persuasively, that the preferences of the rich were better represented in Congress than the poor. After the books were published, there was a flurry of research arguing that they had overstated their case. Critics alleged two key defects in Bartels’ and Gilens’ arguments. First, because polling data on the super-wealthy were sparse, it was difficult to prove that there were large differences in opinion. Political scientists often rely on composite measures of policy liberalism, but since the poor tend to be more economically liberal but socially conservative, the differences between the poor and moderately rich can often be obscured. Second, there was no way to show that influence of the wealthy was caused directly by the influence of money. It might well be that the rich are simply opinion leaders or are more likely to vote.
  • Recent research offers compelling answers to these criticisms. The new evidence adds credence to the Bartels-Gilens-Hacker view that money is corrupting American politics. By using a massive database of ideology that includes the super wealthy, Schaffner and Rhodes found that “members of Congress are much more responsive to the wealthy than to their poor constituents.” However, this difference is not equal between both parties; rather, Democrats are far more responsive to the poor than Republicans. (This is not surprising; other research supports this claim.) They find that both parties strongly favor the upper-middle class, those with $100,000 to $300,000 in wealth. But Republicans are not only more responsive to the rich, but particularly to rich donors. Schaffner and Rhodes argue that, “campaign donations, but not voter registration or participation in primary or general election, may help explain the disproportionate influence of the wealthy among Republican representatives.” Barber’s study is the first to directly examine the policy preferences of the donor class. Barber sent 20,500 letters to people who contributed to 22 Senate elections in 2012 and asked about various policy questions. This allowed Barber to examine the differences in representation between donors and non-donors. His finding: Donors’ preferences tend to be far better represented than non-donors’. The chart below measures the ideological differences between various groups, with 0 indicating a perfect fit. The data show that Senators are almost perfectly aligned with their donors, but rather distant from voters.
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  • In fact, politicians are almost perfectly aligned with donors, but less aligned with partisans (people who voted for the Senator and share party affiliation), supporters (people who voted for the Senator) and voters in general. He Barber also finds that donors tend to be far more extreme in their views (see chart below). For instance, while about sixty percent of non-donor Republicans oppose the Affordable Care Act, opposition among donors is “almost unanimous.” Barber also notes that donors tend to be far more extreme than non-donors (see chart). (This is supported by other studies).
  • Such data could explain the rising polarization of Congress, as politicians increasingly respond to their donors, rather than to voters. Political scientists Walter J. Stone and Elizabeth N. Simas have found that challengers raise more money when they take extreme positions, which helps explain why incumbent representatives tend to be more partisan than departing representatives. It certainly explains the intransigence of the last two Congresses: Republicans, who are responding to their rich donor base, are incentivized to oppose any action, particularly those supporting Obama, lest they lose funding. Since Senators have to raise approximately $3,300 a day every year for six years to remain viable, they will inevitably have to succumb to the power of money if they wish to be reelected. This research raises the disturbing thought that our political system is no longer representative. As Barber notes, about half of all donors are from out of state, meaning that politicians are no longer responsive to their voters (though they are slightly more during election years). Given that only .22 percent of Americans made a donation of more than $200 (the level Barber studies) in 2014, we have power evidence that America is now a government of the one percent — indeed, of the one-fifth of one percent.
  • This disturbing trend affects politics at all levels. At the state level, political scientists Gerald Wright and Elizabeth Rigby found that state party platforms are far more influenced by the rich than the poor. Elsewhere, Barber found evidence that presidents are more responsive to donors than non-donors. Recently Griffin and Newman found representation gaps between whites and people of color as well as low-income voters. This finding is supported by Christopher Ellis, who found that donors were better represented than non-donors (although using a less comprehensive method than Barber). In a frank moment, U.S. Sen. Chris Murphy (D – Conn.) said, “I talked a lot more about carried interest inside of that call room than I did in the supermarket.” He’s correct: Donors tending to be far richer and wealthier than non-donors (see chart).
  • There are still unanswered questions. It is possible that politicians cast ideological votes to appease donors and partisans (for instance, the vain attempt to repeal the Affordable Care Act dozens of times), while also working to benefit the poor and middle class through less visible means. This might explain why political journalists, who often focus on major legislation, miss the distributional impacts of political appointments and regulatory action. It may be that politicians work to maximize votes, and then political donations follow (though there is strong evidence this isn’t the case). Either way, the most up-to-date evidence strongly suggests that money is distorting our system, and that evidence appears to be growing stronger by the day.
  • The solution, as a recent Demos report suggests, is to help reformist candidates gather donations with a public matching system. Since voters who are non-donors are less ideological, the solution is to balance out the political distortions from the donor class by turning these non-donors into donors. Citizens United has only increased the stranglehold of moneyed interests on our political system, and is daily choking the life of our democracy. Only by restoring influence to all voters will our republic be restored.
Paul Merrell

Goldberg Sees Crisis in US-Israel Ties, Blames Bibi « LobeLog - 0 views

  • While everyone ritually insists that the bonds between Israel and the United States are “unbreakable,” yesterday’s analysis by Jeffrey Goldberg, “The Crisis in U.S.-Israel Relations Is Officially Here,” argues that they’re currently under unprecedented strain and that the fault lies mainly with Prime Minister Bibi Netanyahu. The analysis argues further that, post-November, the Obama administration may no longer be inclined to protect Israel (at least to the same pathetic extent) at the UN Security Council and may even be willing to go a step further by presenting “a public full lay-down of the administration’s vision for a two-state solution, including maps delineating Israel’s borders. These borders, to Netanyahu’s horror, would based on 1967 lines, with significant West Bank settlement blocs attached to Israel in exchange for swapped land elsewhere. Such a lay-down would make explicit to Israel what the U.S. expects of it.” I’m not a big fan of Goldberg, but this analysis is definitely worth a read if for no other reason than his voice is a very important one in the US Jewish community, including among the right-wing leadership of its major national organizations. And he essentially gives over most of the article—in a way that suggests he shares their views—to anonymous administration officials who have clearly grown entirely contemptuous of the Israeli leader, calling him, among other names, “chickenshit.” Goldberg himself describes the Netanyahu government’s policy toward Palestinians as being “disconnected from reality” and stresses what he calls the “unease felt by mainstream American Jewish leaders about recent Israeli government behavior.” It seems that his chief envoy and confidante here, Ron Dermer, is not doing a good job.
  • Of particular interest to readers of this blog, however, are Goldberg’s observations about how the administration views Bibi’s bluster about Iran: The official said the Obama administration no longer believes that Netanyahu would launch a preemptive strike on Iran’s nuclear facilities in order to keep the regime in Tehran from building an atomic arsenal. “It’s too late for him to do anything. Two, three years ago, this was a possibility. But ultimately he couldn’t bring himself to pull the trigger. It was a combination of our pressure and his own unwillingness to do anything dramatic. Now it’s too late.” This assessment represents a momentous shift in the way the Obama administration sees Netanyahu. In 2010, and again in 2012, administration officials were convinced that Netanyahu and his then-defense minister, the cowboyish ex-commando Ehud Barak, were readying a strike on Iran. To be sure, the Obama administration used the threat of an Israeli strike in a calculated way to convince its allies (and some of its adversaries) to line up behind what turned out to be an effective sanctions regime. But the fear inside the White House of a preemptive attack (or preventative attack, to put it more accurately) was real and palpable—as was the fear of dissenters inside Netanyahu’s Cabinet, and at Israel Defense Forces headquarters. At U.S. Central Command headquarters in Tampa, analysts kept careful track of weather patterns and of the waxing and waning moon over Iran, trying to predict the exact night of the coming Israeli attack.
  • Today, there are few such fears. “The feeling now is that Bibi’s bluffing,” this second official said. “He’s not Begin at Osirak,” the official added, referring to the successful 1981 Israeli Air Force raid ordered by the ex-prime minister on Iraq’s nuclear reactor. The belief that Netanyahu’s threat to strike is now an empty one has given U.S. officials room to breathe in their ongoing negotiations with Iran. This is a significant passage. It suggests that the administration has decided to essentially ignore Netanyahu and his threats to take unilateral action, including when they are conveyed by members of Congress close to the Israel lobby. It also suggests strongly that the administration will not back up Israel if it should indeed undertake a strike of its own in hopes that Washington would be dragged into to finishing the job.
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  • Goldberg’s analysis about the state of the relationship is, in some ways, mirrored by Bret Stephens’s weekly “Global View” column in Tuesday’s Wall Street Journal, “Bibi and Barack on the Rocks,” although he, entirely predictably given his pro-settler worldview, sees Bibi as the wronged party. And, unlike Goldberg, he doesn’t see the US as the more powerful. Noting how Defense Minister Moshe Yaalon was snubbed by senior administration officials with whom he requested to meet, Stephens, a former editor of the Jerusalem Post, writes: The administration also seems to have forgotten that two can play the game. Two days after the Yaalon snub, the Israeli government announced the construction of 1,000 new housing units in so-called East Jerusalem, including 600 new units in the Ramat Shlomo neighborhood that was the subject of a 2010 row with Joe Biden. Happy now, Mr. Vice President? Stephens calls for a “trial separation” by the two countries in which Israel will give up its $3 billion dollar/year US aid package to free itself from US interference
  • The administration likes to make much of the $3 billion a year it provides Israel (or, at least, U.S. defense contractors) in military aid, but that’s now less than 1% of Israeli GDP. Like some boorish husband of yore fond of boasting that he brings home the bacon, the administration thinks it’s the senior partner in the marriage. Except this wife can now pay her own bills. And she never ate bacon to begin with. It’s time for some time away. Israel needs to look after its own immediate interests without the incessant interventions of an overbearing partner. The administration needs to learn that it had better act like a friend if it wants to keep a friend. It isn’t as if it has many friends left. This is precisely where Goldberg believes current Israeli policy is leading it.
  • Netanyahu, and the even more hawkish ministers around him, seem to have decided that their short-term political futures rest on a platform that can be boiled down to this formula: “The whole world is against us. Only we can protect Israel from what’s coming.” …But for Israel’s future as an ally of the United States, this formula is a disaster.”
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    If Goldberg and Stephens have it right, a U.S./Israel divorce might just spell the end of the appartheid state of Israel. It is only the U.S. veto on the U.N. Security Council that has enabled Israel to continue to treat Palestinians with impunity and to retain control of and colonize the territory it seized in the 1967 war that it launched. (The right to acquire territory by conquest was abolished by the U.N. Charter and the Fourth Geneva Convention in the late 1940s.)  Israel is now a pariah state internationally, with only the U.S., Canada, and a few minor island nations dependent on the U.S. still voting for Israel even in the U.N. General Council. Moreover, the U.S. public is fed up with the foreign wars the U.S. has been waging in the Mideast in aid of Israel's empirical goal of destabilizing and Balkanizing Israel's Arab neighbors. A U.S./Israel divorce would almost certainly bring down Netanyahu's government. On the other hand, the Obama Administration's relationship with Israel has been a departure from the historical norm in the U.S. and Obama's likely successor, Hillary Clinton, has long been much more friendly with the Israel Lobby than Obama.  Many close observers believe that Netanyahu's strategy with Obama has been to wait until Obama is out of office, betting that his successor will be much more amenable to Bibi's desires. But with Bernie Sanders hat in the ring for Auction 2016 and possibly Elizabeth Warren as well, it's conceivable that issues they raise might push Hillary to adopt a less Israel-friendly stance. But on yet another hand, Obama's stance on ISIL is entirely consistent with Israel's longstanding goal of regime change in Syria and Balkanization of Iraq into three nations along ethnic/religious lines, an independent  Kurdistan in the north, a Shia-stan in the South, and a Sunni state in the middle. Note in this regard Obama's strategy of arming "moderate" Syrians only to defend territory ISIL has not yet seized, then to bring down t
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
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    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

White House withholds records from Senate panel's CIA inquiry | Dallas Morning News - 0 views

  • The White House has been withholding for five years more than 9,000 top-secret documents sought by the Senate Select Committee on Intelligence for its investigation into the now-defunct CIA detention and interrogation program, even though President Barack Obama hasn’t exercised a claim of executive privilege.In contrast to public assertions that it supports the committee’s work, the White House has ignored or rejected offers in multiple meetings and in letters to find ways for the committee to review the records, a McClatchy investigation has found.The significance of the materials couldn’t be learned. But the administration’s refusal to turn them over or to agree to any compromise raises questions about what they would reveal about the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists in secret overseas prisons.The dispute indicates that the White House is more involved than it has acknowledged in the unprecedented power struggle between the committee and the CIA, which has triggered charges that the agency searched the panel’s computers without authorization and has led to requests to the Justice Department for criminal investigations of CIA personnel and Senate aides.“These documents certainly raise the specter that the White House has been involved in stonewalling the investigation,” said Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School.The committee and the CIA declined to comment.
  • In a prepared statement to McClatchy, the White House confirmed that “a small percentage” of the 6.2 million pages of documents provided to the committee were “set aside because they raise executive branch confidentiality interests.”
  • In question are 9,400 documents that came to the committee’s attention in 2009, McClatchy has learned. It’s unclear whether the CIA first gave the committee staff access to the materials before the White House withheld them.But Obama hasn’t formally decreed that the documents are protected by executive privilege, McClatchy learned. Although the doctrine isn’t mentioned explicitly in the Constitution, the Supreme Court recognized in 1974 a limited power by the White House to withhold certain communications between high officials and close aides who advise and assist them.
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