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Loopholes, Filing Failures, and Lax Enforcement: How the Foreign Agents Registration Ac... - 0 views

www.pogo.org/...istration-act-falls-short.html Congress corruption foreign-agents-registration
shared by Paul Merrell on 20 Dec 14 - No Cached
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Executive Summary The Foreign Agents Registration Act (FARA) requires that all American citizens working to influence U.S. policy on behalf of foreign governments register with the Department of Justice and to disclose information on any and all political activity in which they engaged for foreign clients. This includes filing, within 48 hours, any informational materials disseminated to two or more people.
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  • Table of Contents Executive SummaryIntroductionBackgroundWhat the Foreign Influence Database ShowsEgypt: A Case Study Of Foreign InfluenceSame-Day ContributionsSystemic Foreign InfluenceQuid Pro Quo or Coincidence?Foreign Money and the LawLax Compliance with and Enforcement of FARAEnforcementConclusionRecommendationsEndnotes
  • The law requires lobbyists for foreign interests to plainly and conspicuously identify themselves as such in any materials distributed in the course of their lobbying—for example, emails, other correspondence, or publications. We found that many documents filed with the Justice Department lack this identification statement; furthermore, many lobbyists admitted that they did not comply with this requirement. More than half (51 percent) of the registrants we examined in a sample from 2010 checked a box on a the semi-annual Justice Department questionnaire saying they had filed informational materials, and checked another box saying they had not met the legal requirement that they identify themselves in those materials as working on behalf of foreign interests. Toby Moffett, a former Member of Congress from Connecticut who is now Chairman of the Moffett Group and one of its registered lobbyists, told POGO that “Around the edges there’s a lot of loosey-goosey stuff going on. People representing foreign interests and not reporting.”[4] But even when lobbyists do report to the Justice Department, the information they provide is not easily accessible to the public. Astonishingly, informational materials are not available online, despite the fact that the Justice Department has an electronic filing system. Instead, these documents are kept in an office at the Justice Department that is only open for four hours each weekday. Hard copies of the documents are kept in folders that are often disorganized and susceptible to misfiling. This archaic system undermines the intended transparency of the law.
  • We set out to determine the extent to which lobbyists for foreign interests were filing lobbying materials at the Justice Department within the required time frame. Based on a review of filings made in 2012, in those instances where it was possible to answer the question, POGO estimates that almost half—46 percent—were filed late. Fifteen percent were filed more than 30 business days after they were distributed, and 12 percent were filed more than 100 business days after they were distributed. In many instances, the Justice Department would be hard pressed to enforce the filing deadline. Based on the records the Department maintains to enforce the law, we found that in more than a quarter (26 percent) of the 2012 filings, it was impossible to determine whether the lobbyists complied. For example, in many cases, the records did not show when the lobbyists disseminated the materials to the targets of their lobbying. In a glaring omission, the law does not require lobbyists to provide that information. Without it, there may be no way for the government or the public to know whether lobbying materials were filed on time.
  • Though federal law bars foreign money from U.S. political campaigns, there appears to be a gray area in the law that can let in such money indirectly. POGO found many instances in which members of lobbying firms made political contributions to Members of Congress on the same day that those firms were lobbying the Members of Congress or their legislative staffs on behalf of foreign clients.[1] Lobbyists who fail to comply with certain FARA requirements may have little to fear from the Justice Department. “The cornerstone of the Registration Unit’s enforcement efforts is encouraging voluntary compliance,” a Justice Department website says.[2] When lobbyists do not voluntarily comply, the Justice Department rarely uses one of the key tools at its disposal to enforce the law—seeking a court injunction. A representative of the Department’s FARA unit told POGO: “While the FARA statute and regulations authorize the pursuit of formal legal proceedings, such as injunctive remedy options, the FARA Unit [has] not pursued injunctive remedy options recently and has instead utilized other mechanisms to achieve compliance.”[3] It appears that some registered foreign agents have been distributing materials but not filing them with the Justice Department. It’s unclear the extent to which that illustrates a lack of compliance with the law or loopholes in the law. In the process of researching this report, POGO noticed that many more lobbyists were registering as foreign agents than had filed informational materials that we could locate at the FARA office. To determine what was happening, we looked at a sampling of questionnaires that the Justice Department requires registered agents to complete every six months. Some checked one box indicating they had distributed materials and another box stating they did not file them with the FARA office.
  • The Project On Government Oversight examined thousands of these materials spanning four years, as well as additional public records related to the Justice Department’s oversight of lobbyists for foreign interests. We found that lobbyists for foreign interests have routinely failed to comply with the law—a failure that prevents journalists and watchdogs from scrutinizing the lobbying activities while foreign interests are trying to influence U.S. policy. We found a pattern of lax enforcement of FARA requirements by the Justice Department. We found that the Justice Department office responsible for administering the law is a record-keeping mess. And we found loopholes in the law that often makes it difficult if not impossible for the government to police compliance or to discipline lobbyists who fail to comply. Here are some highlights of our investigation:
  • When lobbyists for foreign interests do not follow the law, when the U.S. government fails to enforce it, and when the Justice Department makes it difficult for the American people to access records to which they are legally entitled, the public is left in the dark. To bring more transparency to this opaque realm, POGO has made four years of informational materials available for the first time online with our Foreign Influence Database, allowing the public to see how lobbyists attempt to influence American policies on behalf of their foreign clients.
  • With the release of the Foreign Influence Database, the Project On Government Oversight (POGO) is making years of documents from this key set of FARA filings electronically available for the first time. The materials were previously only available in hard copy at the FARA Registration Unit in Washington, DC, which is only open to the public from 11am to 3pm on weekdays.[12] In this digital age it is surprising that these materials could not be read online and are instead stored in file folders, where they are disorganized and susceptible to misfiling. Even those that were electronically filed by the registrants are not available to the public in an electronic format. POGO’s database includes informational materials filed in 2009, 2010, 2011, and 2012.[13]
  • Paul Merrell on 20 Dec 14
     
    POGO does thorough work and doesn't let up until it gets results. Forcing DoJ to puts its foreign agents registration materials online should be a fairly trivial battle. The real war, though, will be forcing better enforcement. The new database is at http://www.pogo.org/tools-and-data/foreign-influence-database/ I punched up the word "Israel" and came up with 113 documents in the search results. Each search hit lists the name of the nation involved that the lobbying was done for. Of those 113 document hits, only two were for the nation of Israel, both for its Ministry of Tourism. The rest were by other nations who had mentioned Israel in their lobbying materials.  Now that is fairly incredible, given that Israel outright controls Congress when it comes to Middle East policy.  The last administration to attempt to do something about Israeli lobbyists not registering was the the Kennedy Administration. The result was that the major Israeli lobbying group disbanded and was promptly reformed under a new corporate charter and name. That was the very last attempt at enforcing the Foreign Agents Registration Act against Israel's lobbyists in the U.S., despite the fact that the reformed group, AIPAC, has even been caught more than once being passed highly classified U.S. documents by double agents working inside the U.S. military establishment. The leakers went to prison but the AIPACers were never prosecuted. AIPAC rules.  
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'Inventing Terrorists' Study Offers Critical Examination of Government's Use of Preempt... - 0 views

dissenter.firedoglake.com/...use-of-preemptive-prosecutions surveillance state war & peace preemptive-prosecution war on terror™
shared by Paul Merrell on 16 Jun 14 - No Cached
  • Nearly ninety-five percent of individuals on a Justice Department list of “terrorism and terrorism-related convictions” from 2001-2010 included some elements of preemptive prosecution, according to a study by attorneys which they say is the first to “directly examine and critique preemptive prosecution and its abuses.” The study is called “Inventing Terrorists: The Lawfare of Preemptive Prosecution” [PDF]. It was released by Project SALAM, which stands for Support and Legal Advocacy for Muslims, and the National Coalition to Protect Civil Freedoms (NCPCF), a coalition of groups that “oppose profiling, preemptive prosecution and prisoner abuse.” While Mother Jones has already published extensive work on the entrapment and prosecution of “terrorists” since the 9/11 attacks examining the Justice Department’s list, this study is noteworthy because it advances the journalism to outline how the government has perverted the criminal justice system through practices that have become popular especially against Muslims.
  • The study broke down each case into three separate categories: preemptive prosecution; “elements of preemptive prosecution,” meaning the defendants’ may have committed non-terrorism-related crimes that the government “inflated” into a terrorism charge; and terrorism-related charges that were legitimate and not the result of preemptive prosecution. The Justice Department’s list only contained 399 cases. The study concluded “the number of preemptive prosecution cases is 289 out of 399, or 72.4%. The number of elements of preemptive prosecution cases is 87 out of 399, or 21.8%.” “Combining preemptive prosecution cases and elements of preemptive prosecution cases, the total number of such cases on the DOJ list is 376, or 94.2%,” according to the study.
  • Nearly twenty-five percent of the cases contained material support charges. Nearly thirty percent were cases with conspiracy charges. Over seventeen percent of cases involved sting operations. More than sixteen percent of cases included false statement or perjury charges, and around six percent of cases involved immigration-related charges. The study also concluded that there were only eleven cases where threats had been “potentially significant” to the United States. “Only three were successful (the Tsarnaev brothers and Major Nidal Hasan), accounting for seventeen deaths and several hundred injuries.” Out of hundreds of cases, the authors were only able to come up with twenty-three individuals who they believed ever posed a threat and were not preemptively prosecuted. But, as is noted in the study, nine of these people were inexplicably listed even though they committed non-terrorism related crimes.
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  • Thus, the study clearly demonstrates how resources for fighting terrorism have mostly been used to target individuals who are suspicious and easier to prosecute because they practice a certain religion or have an “ideology” the general public will resent. And if most of these people were not people of color with Arabic-sounding names that could be used to promote a fear of foreigners in the criminal justice process, their crimes would be given the same light treatment other members of the general public typically receive.
  • Paul Merrell on 16 Jun 14
     
    What to do if you're in the FBI and Congress has rained billions of dollars on you to head off the next 9-11? Tell Congress it was a false flag operation, or get out there and invent a bunch of terrorists? 
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Comey has Long History of Cases Ending Favorable to Clintons - Tea Party News - 0 views

www.teaparty.org/ding-favorable-clintons-174947 Clinton Hillary
shared by Gary Edwards on 09 Jul 16 - No Cached
  • 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/
  • Gary Edwards on 09 Jul 16
     
    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
  • Paul Merrell on 10 Jul 16
     
    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,.
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5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

www.nytimes.com/...nishments-may-be-tempered.html banksters litigation UBS Barclays JPMorgan Chase Citigroup Royal-Bank-of-Scotland guilty-pleas SEC-waivers
shared by Paul Merrell on 16 May 15 - No Cached
  • 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.”
  • Paul Merrell on 16 May 15
     
    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?
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Articles of Impeachment Against Obama - 0 views

blackrepublican.blogspot.com/...an-citizens-file-articles.html Impeachment articles-of-impeachment
shared by Gary Edwards on 16 Aug 13 - No Cached
  • Gary Edwards on 16 Aug 13
     
    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
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You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

www.blacklistednews.com/...M.html NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden Tyranny-by-Executive-Order spying
shared by Gary Edwards on 20 Aug 13 - No Cached
  • Gary Edwards on 20 Aug 13
     
    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
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The Stunning Hypocrisy of the U.S. Government | Washington's Blog - 0 views

www.washingtonsblog.com/...-hypocrisy-versus-honesty.html surveillance state NSA hypocricy
shared by Paul Merrell on 25 Jun 13 - No Cached
  • Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. is hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles. If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies, the failed war on drugs, and other wasted and counter-productive expenses, we wouldn’t need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn’t be nationalized, because that would be socialism. Instead of temporarily nationalizing them and then spinning them off to the private sector – or breaking them up – the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy. But every single one of these bills actually bails out the banks … and doesn’t really help the homeowner.
  • The Federal Reserve promises to do everything possible to reduce unemployment. But its policies are actually destroying jobs. Many D.C. politicians pay lip service to helping the little guy … while pushing policies which have driven inequality to levels surpassing slave-owning societies. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama’s hypocrisy in slamming Bush’s spying programs … and then expanding them (millions more). And in slamming China’s cyber-warfare … while doing the same thing. And – while the Obama administration is spying on everyone in the country – it is at the same time the most secretive administration ever (background). That’s despite Obama saying he’s running the most transparent administration ever.
  • Glenn Greenwald – the Guardian reporter who broke the NSA spying revelations – has documented for many years the hypocritical use of leaks by the government to make itself look good … while throwing the book at anyone who leaks information embarrassing to the government. Greenwald notes today: Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined.
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  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”. It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
  • Similarly, journalists who act as mere stenographers for the government who never criticize in more than a superficial fashion are protected and rewarded … but reporters who actually report on government misdeeds are prosecuted and harassed. Further, the biggest terrorism fearmongers themselves actually support terrorism. And see this. In the name of fighting terrorism, the U.S. has been directly supporting Al Qaeda and other terrorists and providing them arms, money and logistical support in Syria, Libya, Mali, Bosnia, Chechnya, Iran, and many other countries … both before and after 9/11. And see this. The American government has long labeled foreigners as terrorists for doing what America does. Moreover, government officials may brand Americans as potential terrorists if they peacefully protest, complain about the taste of their water, or do any number of other normal, all-American things.
  • This is especially hypocritical given that liberals like Noam Chomsky and conservatives like the director of the National Security Agency under Ronald Reagan (Lt. General William Odom) all say that the American government is the world’s largest purveyor of terrorism. As General Odom noted: Because the United States itself has a long record of supporting terrorists and using terrorist tactics, the slogans of today’s war on terrorism merely makes the United States look hypocritical to the rest of the world. These are just a couple of ways in which the D.C. politicians are hypocrites.
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Doctors Without Borders airstrike: MSF says 33 people still missing | World news | The ... - 0 views

www.theguardian.com/...g-us-airstrike-afghan-hospital war & peace Afghanistan Kunduz U.S.-foreign-policy war-crimes
shared by Paul Merrell on 10 Oct 15 - No Cached
  • Death toll of 22 could rise, with 24 staff and nine patients still unaccounted for five days after US strike on Médecins sans Frontières trauma centre in Kunduz
  • Thirty-three people are still missing five days after a US air strike on an Afghan hospital, Médecins sans Frontières (Doctors Without Borders) warned on Thursday, sparking fears the death toll could rise significantly. Saturday’s bombing in the disputed town of Kunduz killed 12 staff and 10 patients, prompting the medical aid agency to close the trauma centre.
  • President Barack Obama has apologised to MSF but three investigations – by the US military, by Nato and by Afghan officials – are underway and the general would not be drawn on their progress.
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  • MSF, which has condemned the attack as a war crime, is stressing the need for an international investigation, saying the raid contravened the Geneva Conventions.
  • Paul Merrell on 10 Oct 15
     
    The Obamas Administration has rejected calls for an investigation by a duly-constituted international body, saying that it has three investigations under way and an unblemished record of investigating and prosecuting misconduct by U.S. forces. This, from the President who refused to investigate and prosecute officials of the Bush2 administration for war crimes in invading Iraq and Afghanistan and refused to prosecute CIA torturers, insisting on legislation to retroactively immunize them. 
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Bigger than Libor? Forex probe hangs over banks - Nov. 20, 2013 - 0 views

money.cnn.com/...index.html banksters forex foreign-exchange fraud
shared by Paul Merrell on 22 Nov 13 - No Cached
  • Yet another dark cloud is looming over global banks as officials examine their behavior in the massive foreign exchange market, threatening to deal a new blow to earnings and reputations. Regulators in the U.S., Europe and Asia are in the early stages of investigating whether traders at the world's top banks manipulated foreign exchange benchmarks to profit at the expense of their clients. Goldman Sachs (GS, Fortune 500), Citigroup (C, Fortune 500), JP Morgan (JPM, Fortune 500), Deutsche Bank (DB), Barclays (BCS), Royal Bank of Scotland (RBS), UBS (UBS) and HSBC (HBCYF)are among the firms in their sights. Financial lawyers say the probe could have steep and uncertain consequences as the impact of currency market abuse would reverberate far beyond Wall Street.
  • It's unwelcome timing for an industry already fighting a raft of legal battles over foreclosure abuses, misleading investors over mortgages and payment protection insurance. And then there's the Libor scandal. A global investigation into the setting of the London interbank lending rate, and related global benchmarks, has so far yielded about $3.6 billion in fines. Penalties for some of the biggest players are still to come. Traders have also faced criminal charges. As the extent of damage caused by Libor-rigging is revealed, lawyers say the probe into fixing currency rates could unfold in a similar way, and rival its impact. London is the center of the loosely regulated foreign exchange market, the biggest in the world's financial system with average daily turnover of $5.3 trillion. Proven abuse in this market would have a significant ripple effect, exposing offending firms to a host of legal action.
  • Paul Merrell on 22 Nov 13
     
    For more detail see http://money.cnn.com/2013/10/30/news/companies/global-forex-probe/ I'll get excited if and when major bankster executives face prison time. Until then, the "fines" against corporations are just a cost of doing business usually dwarfed by the unjust riches that one group of human beings fraudulently acquires from others. Reality check: corporations are an entirely imaginary legal fiction; it's actually people that are committing the misbehavior. Fines for corporations are as fictional as the corporations themselves; you must prosecute the people and send them to prison to deter bankster misbehavior.  And it is human beings working for another legal fiction, government, who are making the decisions to prosecute corporations rather than misbehaving people. 
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Top War Crimes Diplomat Stepping Down | Foreign Policy - 0 views

foreignpolicy.com/...-crimes-diplomat-stepping-down war & peace U.S.-foreign-policy war-crimes State-Dept.-resignations
shared by Paul Merrell on 23 Jan 15 - Cached
  • destruction, and U.S. counterterrorism strategy. Lynch's enterprise reporting has explored the underside of international diplomacy. His investigations have uncovered a U.S. spying operation in Iraq, Dick Cheney's former company's financial links to Saddam Hussein, and documented numerous sexual misconduct and corruption scandals. Lynch has appeared frequently on the Lehrer News Hour, MSNBC, NPR radio, and the BBC. He has also moderated public discussions on foreign policy, including interviews with Susan E. Rice, the U.S. National Security Advisor, Gerard Araud, France's U.N. ambassador, and other senior diplomatic leaders. Born in Los Angeles, California, Lynch received a bachelor's degree from the University of California, Berkeley, in 1985 and a master's degree from Columbia University's Graduate School of Journalism in 1987. He previously worked for the Boston Globe. January 15, 2015 colum.lynch @columlynch Stephen J. Rapp, the U.S. ambassador at large for war crimes, is stepping down after five and a half years as the Obama administration’s point man for global prosecutions of the world’s most notorious war criminals
  • Paul Merrell on 23 Jan 15
     
    I'll add some comments here later. This is a very important event. Rapp resigned the day after this article. See https://news.yahoo.com/u-s--war-crimes-ambassador-stepping-down-in--frustration--194011155.html
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'Clinton death list': 33 spine-tingling cases - 0 views

www.wnd.com/...-list-33-most-intriguing-cases Clinton-Body-Count
shared by Gary Edwards on 05 Feb 17 - No Cached
  • Gary Edwards on 05 Feb 17
     
    "(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
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'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Pro... - 0 views

news.vice.com/...-architects-of-torture-program war & peace CIA torture Senate-Intelligence_Committee-Report redactions
shared by Paul Merrell on 23 Aug 14 - No Cached
  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
  • Paul Merrell on 23 Aug 14
     
    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
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Luxembourg: a tax haven by any other name? | nsnbc international - 0 views

nsnbc.me/...luxembourg-tax-haven-name tax-evasion Luxembourg DG-Competition EC PricewaterhouseCoopers
shared by Paul Merrell on 07 Nov 14 - No Cached
  • The revelations that global and multinational businesses have been brokering “secret” tax deals with Luxembourg to avoid paying taxes in their home countries, may be the first time an entire country has been implicated in tax avoidance collusion. A cache of leaked agreements uncovered by the International Consortium of Investigative Journalism (ICIJ) appears to show that major companies have used the tiny EU state to dramatically cut their tax liabilities.
  • The ICIJ’s six-month investigation claims to have found household companies such as Aviva, HSBC, E-on, Tyco, Pepsi, IKEA and Deutsche Bank were among those which had taken advantage of legal tax avoidance schemes in Luxembourg. Luxembourg is routinely named as a tax haven on many of the world’s authoritative lists of tax havens, including the one compiled by me and my two co-authors, Richard Murphy and Christian Chavagneux. But Luxembourg has managed to remain “under the radar” not least because its politicians and bankers have been denying for years that it is, or ever was, a tax haven. The revelations suggest Luxembourg has been playing a double game. Luxembourg has been quick to comply with new regulations proposed by the Organisation for Economic Co-operation and Development (OECD) and the EU. In 2011, the OECD global forum on transparency and exchange of information commended Luxembourg for introducing new rules governing banking information or information protected by secrecy rules.
  • But at the same time, the revelations show that 340 well-known foreign companies have entered into secret agreements with the Luxembourg authorities, brokered by the accounting firm PricewaterhouseCoopers. To take a random example that applies for many of these companies, the ICIJ have a letter to the Luxembourg tax administration written on a PwC letterhead, where FedEx lays down its plan to set up a limited liability company as a tax resident in Luxembourg – so subject in principle to Luxembourg’s corporate income tax. The letter then provides details of a proposed shareholding arrangement that will ensure, I quote, that “neither that Fedex SCS nor its shareholders will be subject to corporate income tax, Municipal Business Tax and Net Wealth tax in Luxembourg”. The letter implies that Luxembourg will serve in effect as a tax haven for Fedex.
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  • There have been a number of other highly publicised tax evasion and avoidance cases recently. For instance, many cases in the US involved branches or even key individuals working in branches of well-known Swiss and Israeli banks in the US, including UBS, Credit Swiss or Bank Leumi, or alternatively branches of American banks in Switzerland. But these tended to involve private firms. The Swiss government professed to have had no knowledge of such activities. Indeed, Swiss law prohibited Swiss banks, whether domestic or international, from providing any information on their clients to the Swiss state. This is a scandal with a difference. The leaked PricewaterhouseCoopers books imply there has been systemic collusion between companies from all over the world and the Luxembourg authorities in flagrant contravention of EU rules. The documents suggest that preferential tax treatments were guaranteed to these companies prior to their incorporation in Luxembourg.
  • This is the first case of suspected collusion between a government and a foreign firm in tax avoidance matters that I am aware of. In that sense, the current scandal places Luxembourg on par with Greece whose officials allegedly provided misleading data on Greek national debt to the Commission. More embarrassingly, all this took place during the time when the current president of the European Commission, Jean-Claude Juncker, served as the prime minister of Luxembourg from 1995-2013. It is difficult to imagine that the prime minister of such a small state was unaware such deals were taking place. There is a difference between the court of law and the court of public opinion. But we know from recent cases that the EU Commission has tended to follow the court of public opinion with criminal investigations of its own, as was the case of Amazon. It is likely that the Commission will now investigate these leaks and may impose fines on Luxembourg. I doubt Juncker can ride this one out.
  • Paul Merrell on 07 Nov 14
     
    Woo-hoo! The IRS and Congress will be interested in this one too.  Now if someone would kindly send the docs to Wikileaks, the nations of the world can prosecute companies for tax evasion. But this time, would you all, pretty please, prosecute some human beings too and no settlements without at least a couple of years behind bars?
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Argentina Prosecutor Who Accused Kirchner Had Steady Contact With US Embassy, Leaked Ca... - 0 views

news.vice.com/...-us-embassy-leaked-cables-show war & peace U.S.-foreign-policy Argentina interference-in-foreign-governments
shared by Paul Merrell on 02 Feb 15 - No Cached
  • Alberto Nisman, the prosecutor who accused Argentina's president of a cover-up plot over the 1994 bombing of a Jewish center before being found shot to death, met repeatedly with the US embassy in Buenos Aires during his investigation, leaked diplomatic cables show.Nisman gave US officials advanced notice on his procedural moves and was apparently coached by the embassy in "improving" his requests for arrest warrants for Iranians that Nisman suspected of carrying out the deadly attack against the Argentine Israeli Mutual Association, or AIMA, according to cables published by Wikileaks."Embassy can now more logically approach the [government of Argentina] about [its] anticipated next steps and ways we might be able to coordinate outreach to other governments [...] to bring attention to the warrants and pressure to bear on Iran and Hezbollah," says one US cable dated November 1, 2006, after a meeting with Nisman.The revelations are adding fodder to the entangled scandal over the AIMA center bombing, Nisman's mysterious death, and the reactions of President Cristina Fernandez de Kirchner and her government loyalists.The president and her supporters have piled doubt on Nisman's investigation, suggesting he didn't himself write the inquiry accusing Kirchner of a cover-up deal with Iran, and that he was influenced by foreign agents in his claims. Kirchner said this week that Nisman was manipulated and double-crossed by government spies plotting against her.
  • Nisman on January 16 told VICE News he had proof that Kirchner sought a back-channel deal with Iran — swapping Iranian oil for Argentine grain — in exchange for abandoning efforts to prosecute former Iranian diplomats in connection to the Jewish center bombing.Eight-five people were killed in the terror attack, which remains unsolved. Survivors and opposition forces are now blaming Kirchner's government for Nisman's death.
  • The prosecutor, who was found dead the night before making his blockbuster claim against Kirchner and her foreign minister in Argentina's Congress, is mentioned in 46 leaked US cables.In the cable from November 2006, Nisman informed US officials of the likelihood that a judge would follow his recommendations to seek charges against Iranian suspects for the bombing. American embassy officials discussed plans to inform "other governments" ahead of time, in an apparent push to make the case against the Iranians an international matter.Another cable, dated January 19, 2007, suggests the US embassy had a hand in shaping Nisman's warrant requests with Interpol, the international diplomatic police force. The cable shows US officials thought Nisman's work was shoddy and needed help.Before the Justice Department's Office of International Affairs intervened in the warrant applications, the cable says, Nisman's paperwork contained "statements that were presumptuous conclusions of guilt."Nisman took on the case of the AIMA center bombing in 2004, at the request of the then-President Nestor Kirchner, Cristina Fernandez's late husband. In his interview with VICE News — perhaps his last with a foreign news organization — Nisman denied connections with any foreign spy agencies.
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  • "You won't find reports from the CIA, Mossad, or the MI5 in my files. I have no doubt that there is a link between them and the Argentine intelligence agency, but I never dealt with any foreign intelligence agencies," Nisman said, two days before he was found dead.The US embassy in Buenos Aires declined to discuss its officers' interactions with Nisman. "We will not comment on the contents of these alleged cables that purport to include classified information," an embassy spokesman told VICE News.
  • The relationship was apparently so involved that Nisman apologized for not letting then-ambassador Earl Anthony Wayne know that he would call for the arrest of former president Carlos Menem in relation to the case."AMIA Special Prosecutor Alberto Nisman called the Ambassador on May 23 to apologize for not giving the Embassy advance notice of his request for the arrest of former President Menem and other [government of Argentina] officials for their alleged roles in the cover up of the 'local connection' in the 1994 terrorist bombing of the AMIA Jewish community center," says a cable from May 2008.The prosecutor also apologized that the judicial order coincided with a visit to Argentina from the former deputy director of the FBI, John Pistole, adding it was "completely unintentional," the cable shows."He noted that he was very sorry and that he sincerely appreciates all of the [US government's] help and support and in no way meant to undermine that," the cable continues.
  • The cable also notes that US officials "have for the past two years recommended to Nisman that he focus on the perpetrators of the terrorist attack and not on the possible mishandling of the first investigation."Santiago O'Donnell, author of two books based on the cables released by Julian Assange, said in an interview that the leaked cables show the US influenced Nisman throughout his work on the AIMA bombing investigation."The embassy gave instructions to the prosecutor Nisman for him to follow the Iranian lead, and not follow other leads, like the Syrian lead, or the local connection, because that would detract from the terrorist image that the US was trying to impose on Iran," O'Donnell said.President Kirchner this week proposed in a nationally televised address to disband and reform the government's intelligence agency. In doing so, she said rogue government spies were responsible for Nisman's death. Opposition voices, meanwhile, said the reform plan for the Secretaría de Inteligencia, or SI, would further politicize the work of the embattled spy agency and make it more responsive to the president's political whims.
  • Alberto Nisman, the prosecutor who accused Argentina's president of a cover-up plot over the 1994 bombing of a Jewish center before being found shot to death, met repeatedly with the US embassy in Buenos Aires during his investigation, leaked diplomatic cables show.Nisman gave US officials advanced notice on his procedural moves and was apparently coached by the embassy in "improving" his requests for arrest warrants for Iranians that Nisman suspected of carrying out the deadly attack against the Argentine Israeli Mutual Association, or AIMA, according to cables published by Wikileaks."Embassy can now more logically approach the [government of Argentina] about [its] anticipated next steps and ways we might be able to coordinate outreach to other governments [...] to bring attention to the warrants and pressure to bear on Iran and Hezbollah," says one US cable dated November 1, 2006, after a meeting with Nisman.
  • Paul Merrell on 02 Feb 15
     
    Well this is interesting. The U.S. was covertly working through an Argentinian prosecutor to topple Argentina's head of state. On the plan to reform the Argentine intelligence service, that service's subordination to the CIA was the prototype operation than led to Operation Condor, in which the CIA subverted most intelligence services in Latin America, leading to coups and the deaths and disappearnaces of hundreds of thousands Latin American citizens suspected of being left-leaning. The overthrow of the Allende government in Chile is perhaps the best known in the U.S. 
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Chicago federal court case raises questions about NSA surveillance - The Washington Post - 0 views

www.washingtonpost.com/...2-9df4-895344c13c30_print.html surveillance state NSA FISA constitutional law
shared by Paul Merrell on 30 Jun 13 - No Cached
  • Four days before a sweeping government surveillance law was set to expire last year, Sen. Dianne Feinstein, the chairman of the chamber’s Intelligence Committee, took to the Senate floor. She touted the law’s value by listing some of the terrorist attacks it had helped thwart, including “a plot to bomb a downtown Chicago bar” that fall. “So I believe the FISA Amendments Act is important,” the California Democrat said before a vote to extend the 2008 law, “and these cases show the program has worked.”Today, however, the government is refusing to say whether that law was used to develop evidence to charge Adel Daoud, a 19-year-old Chicago man accused of the bomb plot.And Daoud’s lawyers said in a motion filed Friday that the reason is simple. The government, they said, wants to avoid a constitutional challenge to the law, which governs a National Security Agency surveillance program that has once again become the focus of national debate over its reach into Americans’ private communications.“Whenever it is good for the government to brag about its success, it speaks loudly and publicly,” lawyers Thomas Durkin and Joshua Herman wrote in their motion. “When a criminal defendant’s constitutional rights are at stake, however, it quickly and unequivocally clams up under the guise of State Secrets.”
  • Four days before a sweeping government surveillance law was set to expire last year, Sen. Dianne Feinstein, the chairman of the chamber’s Intelligence Committee, took to the Senate floor. She touted the law’s value by listing some of the terrorist attacks it had helped thwart, including “a plot to bomb a downtown Chicago bar” that fall. “So I believe the FISA Amendments Act is important,” the California Democrat said before a vote to extend the 2008 law, “and these cases show the program has worked.”Today, however, the government is refusing to say whether that law was used to develop evidence to charge Adel Daoud, a 19-year-old Chicago man accused of the bomb plot.And Daoud’s lawyers said in a motion filed Friday that the reason is simple. The government, they said, wants to avoid a constitutional challenge to the law, which governs a National Security Agency surveillance program that has once again become the focus of national debate over its reach into Americans’ private communications.“Whenever it is good for the government to brag about its success, it speaks loudly and publicly,” lawyers Thomas Durkin and Joshua Herman wrote in their motion. “When a criminal defendant’s constitutional rights are at stake, however, it quickly and unequivocally clams up under the guise of State Secrets.”
  • If the government acknowledged that it had used evidence derived from the FISA Amendments Act, Daoud would have standing to challenge the law’s constitutionality. Specifically, Daoud’s lawyers would be able to take on a provision known as Section 702. The law permits the interception of foreign targets’ ­e-mails and phone calls without an individual warrant, including when the foreigners are in communication with Americans or legal residents.The U.S. Supreme Court in February rejected a constitutional challenge to Section 702 by a group of journalists, lawyers and human rights advocates, saying they had no standing to sue because they had not proved that their communications had been intercepted.But the court also said that if the government intends to use information derived from the Section 702 surveillance in a prosecution “it must provide advance notice of its intent,” and a defendant may challenge the lawfulness of the surveillance. The government assured the court that it would give such notice to criminal defendants.In a filing this month in Chicago, U.S. Attorney Gary S. Shapiro refused to say whether the evidence was obtained under Section 702. Instead, he said, the government told Daoud the evidence was acquired pursuant to a traditional FISA court order, rather than under the expanded surveillance program authorized in 2008. A traditional order requires the government to go to a FISA judge and show probable cause that the target is an agent of a foreign power.Daoud’s attorneys say in their pleading that the government is being disingenuous. “We believe it is clear that the evidence . . . came from Section 702,” Durkin said in an interview. “Either Senator Feinstein’s information was correct in December 2012, or she was given wrong information. The government has never disputed what she said.”
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  • “The most troubling part of the case is the government seems to be trying to hide the ball,” said Alex Abdo, a staff attorney for the American Civil Liberties Union, which argued the Supreme Court case on behalf of the journalists, lawyers and activists. “They told the Supreme Court not to worry about reviewing the FISA Amendments Act because it would get reviewed in a criminal case. They said if they used the evidence in a criminal case, they’d give notice. Now they’re telling criminal defendants they don’t have to tell them. It’s a game of three-card monte with the privacy rights of millions of Americans.”Abdo said the original FISA statute, passed in 1978, requires the government to notify defendants when evidence being used against them is derived from surveillance authorized by the law. The court, he said, should require the government to abide by the law. “Otherwise,” he said, “the most sweeping surveillance program ever enacted by Congress will never be reviewed in public by a court.”Similarly, Stephen I. Vladeck, a law professor at American University, said, “Everyone knows the role that Section 702 is playing in a case like this.” But, he said, “thanks in part to the Supreme Court, the government can use Section 702 and then never have to defend its constitutionality.”
  • Paul Merrell on 30 Jun 13
     
    Another "sting" type prosecution where the FBI enticed a defendant to perform a terrorist act. But now a direct challenge to government refusal to disclose whether the email that triggered the government's interest in the defendant was unconstitutionally obtained. If so, long established criminal procedure would require that the email and all evidence discovered because of it would have to be excluded from trial unless the government could meet once of the narrow exceptions.    
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MI6 gets off scot-free over rendition of suspected Islamists to Libya | World news | Th... - 0 views

www.theguardian.com/...on-islamists-mi6-torture-libya war & peace Libya UK CIA MI6 rendition torture
shared by Paul Merrell on 16 Jun 16 - No Cached
  • So after more than four years of Scotland Yard investigations, and months of agonising within the Crown Prosecution Service, ministers and MI6 are getting off scot-free over the abduction and subsequent torture of two suspected Islamists. Abdel Hakim Belhaj and Sami al-Saadi were enemies of Muammar Gaddafi delivered to Tripoli, courtesy of MI6 and the CIA, in 2004 when Tony Blair’s government was cuddling up to the Libyan dictator. Gaddafi had promised to abandon his nuclear and chemical weapons programme and as a reward for British friendship – including the secret rendition of his opponents – he agreed to huge and lucrative oil deals for BP.
  • In one of the deepest ironies in the history of British intelligence, clear evidence of British involvement in the rendition of Belhaj, Saadi and their families to Tripoli’s jails emerged in 2001. They were spelled out in a letter from Sir Mark Allen, then head of MI6 counter-terrorism operations, to Moussa Koussa, Gaddafi’s intelligence chief, written in March 2004. In it, Allen trumpeted MI6’s role in the operation. The letter was found among documents in Moussa’s office destroyed by Nato bombs. Saadi accepted £2.2m compensation from the British government. Belhaj chose to fight on, demanding an apology. The supreme court is soon due to deliver judgment on his claim that Britain must take responsibility for his abduction. Lawyers for the government argue that British courts have no right to hear the case since the agents of foreign intelligence agencies – notably the CIA – were also involved in the operation. Eliza Manningham-Buller, then head of MI5 – MI6’s sister service responsible for British security as opposed to spying abroad – was so angry with what MI6 had been up to, that, as the Guardian reported last week, she fired off a letter to Blair complaining about it, saying its actions may have compromised the security and safety of MI5 officers and their informants. Such was her fury that she ejected MI6 staff from MI5’s headquarters, Thames House.
  • After the Allen letter came to light, Blair said he had “no recollection at all” of the Libyan rendition. Jack Straw, then foreign secretary responsible for MI6, told MPs in 2005 – a year after the Libyan abductions – that “there is simply no truth in the claims that the United Kingdom has been involved in rendition full stop.” After the Allen letter emerged, Straw said: “No foreign secretary can know all the details of what its intelligence agencies are doing at any one time.” Government officials have insisted that the operation was in response to “ministerially authorised government policy”. Sir Richard Dearlove, head of MI6 at the time, has said: “It was a political decision, having very significantly disarmed Libya, for the government to cooperate with Libya on Islamist terrorism.” Referring to MI6’s links with Gaddafi, Manningham-Buller has stated: “There are clearly questions to be answered about the various relationships that developed afterwards and whether the UK supped with a sufficiently long spoon.” Section 7 of the 1994 Intelligence Services Act, sometimes described as the “James Bond clause”, protects MI6 officers from prosecution for actions anywhere in the world that would otherwise be illegal. They would be protected as long as their actions were authorised in writing by the secretary of state.
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Bush Administration Convicted of War Crimes - Dr. Francis Boyle #N3 | Next News Network... - 0 views

nextnewsnetwork.com/...war-crimes-dr-francis-boyle-n3 war & peace war crimes Bush Admjnistration international law
shared by Paul Merrell on 05 Jun 13 - No Cached
  • 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.
  • Paul Merrell on 05 Jun 13
     
    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. 
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U.S. First Shields Its Torturers and War Criminals From Prosecution, Now Officially Hon... - 0 views

theintercept.com/...ion-now-officially-honors-them war & peace torture Cheney war crimes
shared by Paul Merrell on 05 Dec 15 - No Cached
  • As vice president, Dick Cheney was a prime architect of the worldwide torture regime implemented by the U.S. government (which extended far beyond waterboarding), as well as the invasion and destruction of Iraq, which caused the deaths of at least 500,000 people and more likely over a million. As such, he is one of the planet’s most notorious war criminals. President Obama made the decision in early 2009 to block the Justice Department from criminally investigating and prosecuting Cheney and his fellow torturers, as well as to protect them from foreign investigations and even civil liability sought by torture victims. Obama did that notwithstanding a campaign decree that even top Bush officials are subject to the rule of law and, more importantly, notwithstanding a treaty signed in 1984 by Ronald Reagan requiring that all signatory states criminally prosecute their own torturers. Obama’s immunizing Bush-era torturers converted torture from a global taboo and decades-old crime into a reasonable, debatable policy question, which is why so many GOP candidates are now openly suggesting its use.
  • But now, the Obama administration has moved from legally protecting Bush-era war criminals to honoring and gushing over them in public. Yesterday, the House of Representatives unveiled a marble bust of former Vice President Cheney, which — until a person of conscience vandalizes or destroys it — will reside in Emancipation Hall of the U.S. Capitol. At the unveiling ceremony, Cheney was, in the playful words of NPR, “lightly roasted” — as though he’s some sort of grumpy though beloved avuncular stand-up comic. Along with George W. Bush, one of the speakers in attendance was Vice President Joe Biden, who spoke movingly of Cheney’s kind and generous soul
  • Yesterday, the U.S. government unambiguously signaled to the world that not only does it regard itself as entirely exempt from the laws of wars, the principal Nuremberg prohibition against aggressive invasions, and global prohibitions on torture (something that has been self-evident for many years), but believes that the official perpetrators should be honored and memorialized provided they engage in these crimes on behalf of the U.S. government. That’s a message that most of the U.S. media and thus large parts of the American population will not hear, but much of the world will hear it quite loudly and clearly. How could they not?
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Snowden Documents Reveal Covert Surveillance and Pressure Tactics Aimed at WikiLeaks an... - 0 views

firstlook.org/...t-wikileaks-and-its-supporters surveillance state NSA GCHQ Wikileaks Assange anti-spying-deal lies Obama
shared by Paul Merrell on 21 Feb 14 - No Cached
  • Top-secret documents from the National Security Agency and its British counterpart reveal for the first time how the governments of the United States and the United Kingdom targeted WikiLeaks and other activist groups with tactics ranging from covert surveillance to prosecution. The efforts – detailed in documents provided previously by NSA whistleblower Edward Snowden – included a broad campaign of international pressure aimed not only at WikiLeaks founder Julian Assange, but at what the U.S. government calls “the human network that supports WikiLeaks.” The documents also contain internal discussions about targeting the file-sharing site Pirate Bay and hacktivist collectives such as Anonymous. One classified document from Government Communications Headquarters, Britain’s top spy agency, shows that GCHQ used its surveillance system to secretly monitor visitors to a WikiLeaks site. By exploiting its ability to tap into the fiber-optic cables that make up the backbone of the Internet, the agency confided to allies in 2012, it was able to collect the IP addresses of visitors in real time, as well as the search terms that visitors used to reach the site from search engines like Google.
  • Another classified document from the U.S. intelligence community, dated August 2010, recounts how the Obama administration urged foreign allies to file criminal charges against Assange over the group’s publication of the Afghanistan war logs. A third document, from July 2011, contains a summary of an internal discussion in which officials from two NSA offices – including the agency’s general counsel and an arm of its Threat Operations Center – considered designating WikiLeaks as “a ‘malicious foreign actor’ for the purpose of targeting.” Such a designation would have allowed the group to be targeted with extensive electronic surveillance – without the need to exclude U.S. persons from the surveillance searches.
  • In a statement to The Intercept, Assange condemned what he called “the reckless and unlawful behavior of the National Security Agency” and GCHQ’s “extensive hostile monitoring of a popular publisher’s website and its readers.” “News that the NSA planned these operations at the level of its Office of the General Counsel is especially troubling,” Assange said. “Today, we call on the White House to appoint a special prosecutor to investigate the extent of the NSA’s criminal activity against the media, including WikiLeaks, its staff, its associates and its supporters.” Illustrating how far afield the NSA deviates from its self-proclaimed focus on terrorism and national security, the documents reveal that the agency considered using its sweeping surveillance system against Pirate Bay, which has been accused of facilitating copyright violations. The agency also approved surveillance of the foreign “branches” of hacktivist groups, mentioning Anonymous by name. The documents call into question the Obama administration’s repeated insistence that U.S. citizens are not being caught up in the sweeping surveillance dragnet being cast by the NSA. Under the broad rationale considered by the agency, for example, any communication with a group designated as a “malicious foreign actor,” such as WikiLeaks and Anonymous, would be considered fair game for surveillance.
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  • The system used by GCHQ to monitor the WikiLeaks website – codenamed ANTICRISIS GIRL – is described in a classified PowerPoint presentation prepared by the British agency and distributed at the 2012 “SIGDEV Conference.” At the annual gathering, each member of the “Five Eyes” alliance – the United States, United Kingdom, Canada, Australia and New Zealand – describes the prior year’s surveillance successes and challenges. In a top-secret presentation at the conference, two GCHQ spies outlined how ANTICRISIS GIRL was used to enable “targeted website monitoring” of WikiLeaks (See slides 33 and 34). The agency logged data showing hundreds of users from around the world, including the United States, as they were visiting a WikiLeaks site –contradicting claims by American officials that a deal between the U.K. and the U.S. prevents each country from spying on the other’s citizens. The IP addresses collected by GCHQ are used to identify individual computers that connect to the Internet, and can be traced back to specific people if the IP address has not been masked using an anonymity service. If WikiLeaks or other news organizations were receiving submissions from sources through a public dropbox on their website, a system like ANTICRISIS GIRL could potentially be used to help track them down. (WikiLeaks has not operated a public dropbox since 2010, when it shut down its system in part due to security concerns over surveillance.)
  • It is unclear from the PowerPoint presentation whether GCHQ monitored the WikiLeaks site as part of a pilot program designed to demonstrate its capability, using only a small set of covertly collected data, or whether the agency continues to actively deploy its surveillance system to monitor visitors to WikiLeaks. It was previously reported in The Guardian that X-KEYSCORE, a comprehensive surveillance weapon used by both NSA and GCHQ, allows “an analyst to learn the IP addresses of every person who visits any website the analyst specifies.”
  • Paul Merrell on 21 Feb 14
     
    "... the Obama administration urged foreign allies to file criminal charges against Assange over the group's publication of the Afghanistan war logs." Sweden promptly launches an alleged rape investigation and Assange is forced by the UK courts to take refuge in the London embassy of Ecuador. Because of urging by the Obama administration aimed at chilling the the First Amendment rights of journalists. That should be grounds for impeachment.  
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How Many Americans Does The N.S.A. Spy On? A Lot of Them : The New Yorker - 0 views

www.newyorker.com/...-nsa-spy-on-a-lot-of-them.html surveillance state NSA Obama lies
shared by Paul Merrell on 06 Sep 13 - No Cached
  • but reading the new documents, which include a secret FISA court order that amounts to a gift certificate for one year of warrant-free spying, it becomes clear that many more “United States persons” have their communications monitored, and on much vaguer grounds, than the Obama Administration has acknowledged. “What I can say unequivocally is that, if you are a U.S. person, the N.S.A. cannot listen to your telephone calls, and the N.S.A. cannot target your e-mails,” the President said earlier this week. A 2009 memorandum signed by Eric Holder establishes a broader criteria, referring to people “reasonably believed” to be located abroad. That reasonable belief, as it turns out, can be quite shaky. Among the information that the N.S.A. is told to use includes having had a phone or e-mail connection with a person “associated with a foreign power or foreign territory,” or being in the “‘buddy list’ or address book” of such a person. It won’t be lost on anyone that Americans whose families include recent immigrants will be disproportionately vulnerable to such intrusions. (So, incidentally, will journalists.) The defaults in the analysis are telling: a person
  • whose location is unknown, will not be treated as a United States person unless such person can be positively identified as such, or the nature or circumstances of the person’s give rise to a reasonable belief that such person is a United States person. (The extent to which the N.S.A. can spy on a wide range of foreigners is its own, important discussion.) The criteria also show the interaction of various N.S.A. programs: the Administration has defended the collection of telephony metadata by saying that if it ever produces an interesting match, investigators would have to go to court to get a proper warrant to look more closely. But metadata is mentioned in these documents as a basis for picking a target for the surveillance under what appears to be a blanket FISA order—not an individualized one.
  • And what happens when the N.S.A. realizes that it is reading and listening to an American’s communications? It is supposed to stop, at least until it gets a different kind of FISA order—which, based on what it has already heard, may be all the easier. And if it finds something that is interesting in any one of a half-dozen ways, it can analyze the communications further, and hold on to them for five years. Maybe an American’s e-mails contain “significant foreign intelligence information”; or maybe they don’t, but are “reasonably believed” to contain evidence of a crime. There are a lot of crimes on the books, and the N.S.A. is also allowed to count one it thinks might be “about to be committed.” It can also “disseminate” the information to other agencies, and find out more about the American if it seems that the person might have access to secrets, or be a target of foreigners, or just do business with them. This includes communications between someone under indictment and his or her lawyer—the words can’t be used in a prosecution, but can be to gather intelligence. And what the N.S.A. happens to see can also be used in leak investigations. Does this still seem too narrow, not enough to keep us all safe? The documents note that the private data of Americans that the N.S.A. can hold on to “include electronic communications acquired because of limitations on NSA’S ability to filter communications.” In other words, if it fails to fine-tune its targeting, it can keep what it sweeps up anyway. Also, if the N.S.A. decides on its own that there is an “immediate threat,” it can temporarily put all these minimization procedures aside and figure it out later.
  • ...1 more annotation...
  • These documents were classified: they shouldn’t have been. The N.S.A. can look for certain secrets and keep them. But Americans shouldn’t have to listen to the President with an ear for what words like “targeted” really mean. (Even by that standard, the Administration has not been forthright.) We get to know what the rules are—so we, and not just a secret court, can tell when they are being broken.
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