Category Archives: Justice Department

Politicization of the DOJ Hasn’t “Changed”

06 Tuesday Jul 2010

Posted by in Justice Department, Obama, Obama administration, Politics, terrorism, war on terror

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A trip down memory lane:

“Remember the plaintive cries of Democrats and progressives about the wrongful politicization of the Department of Justice by the Bush/Cheney Administration? Remember the stunning chart Sheldon Whitehouse whipped out at a Senate judiciary hearing on Alberto Gonzales’ tenure as AG showing how politicized the hallowed independent prosecutorial discretion of the DOJ had become under Bush, Cheney and Gonzales? The one that Pat Leahy called “the most astounding thing I have seen in 32 years?

That was in late April of 2007, little more than three years ago.”

Fast forward to Sunday (emphasis added):

…the decision on where to hold the high-profile trials of Mohammed and four others accused of being Sept. 11 conspirators has been put on hold and probably will not be made until after November’s midterm elections, according to law enforcement, administration and congressional sources.

In an unusual twist, the matter has been taken out of the hands of the Justice Department officials who usually make prosecutorial decisions and rests entirely with the White House, the sources said.

“It’s a White House call,” said one law enforcement official, who spoke on condition of anonymity to discuss internal deliberations. “We’re all in the dark.”

Attorney General Eric Holder says it ain’t so:

“Holder, at a June 17 news conference, denied any political motive. “The conversations that we are having are ongoing,” he said. “The political thing . . . the fact of the elections, is not a part of the conversations at all.”

And if you’ll buy that…..

Supremes Refuse to Hear Torture Appeal

15 Tuesday Jun 2010

Posted by in Bill of Rights, Constitution, Justice Department, Obama administration, Supreme Court, terrorism, torture, war on terror

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That old-fashioned notion of equal justice under the law was dealt another blow by the Supreme Court yesterday as they refused to hear the appeal of Maher Arar, a Canadian citizen who was detained, tortured, and imprisoned for over a year, without charges, because he was labeled an “al-Qaeda suspect” by the Bush administration. And in what is become an all too familiar occurrence:

“…the Obama administration chose to come to the defense of Bush administration officials, arguing that even if they conspired to send Maher Arar to torture, they should not be held accountable by the judiciary.”

Have to look forward, dontcha know. Mother Jones has a synopsis of Mr. Arar’s ordeal:

“On Sept. 26, 2002, Arar was detained by American authorities during a layover at New York’s John F. Kennedy airport. He was interrogated. Less than two weeks later, he shackled and hooded and placed on a plane bound for Jordan. Once in Jordan, he was transferred overland to Syria. While in Syria, Arar was tortured at the behest of the American government, according to a 1,200-page report released by a Canadian government inquiry that concluded up in 2006.

Here’s how Arar describes a few of his first days in Syria:

Early in the morning on October 10 Arar is taken downstairs to a basement. The guard opens the door and Arar sees for the first time the cell he will live in for the following ten months and ten days.

It is three feet wide, six feet deep and seven feet high. It has a metal door, with a small opening which does not let in light because of a piece of metal on the outside for sliding things into the cell. There is a one by two foot opening in the ceiling with iron bars. This opening is below another ceiling and lets in just a tiny shaft of light. Cats urinate through the ceiling traps of these cells, often onto the prisoners. Rats wander there too.

Early the next morning Arar is taken upstairs for intense interrogation. He is beaten on his palms, wrists, lower back and hips with a shredded black electrical cable which is about two inches in diameter.

The next day Arar is interrogated and beaten on and off for eighteen hours. Arar begs them to stop. He is asked if he received military training in Afghanistan, and he falsely confesses and says yes [another testimony to the effectiveness of “enhanced interrogation techniques”]. This is the first time Arar is ever questioned about Afghanistan. They ask at which camp, and provide him with a list, and he picks one of the camps listed.

In October 2003—more than a year after he had been sent to Syria—Arar was finally returned to Canada. He was never charged with a crime.”

And for this no one will be held accountable. But hey, at least the DOJ has their priorities straight. A federal prosecutor is investigating allegations of blood doping in the Tour de France.

Priorities at the DOJ–Blood Doping Over Experimentation on Detainees

10 Thursday Jun 2010

Posted by in Justice Department, Obama

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It’s nice to see that the Department of Justice has its priorities straight. Accusations of medical experimentation on terrorist detainees? Nothing to see here, move along. We must look forward, not back.

Blood doping in the Tour de France? Send in the prosecutors. We have to get to the bottom of this.

Idiots.

“Modernizing Miranda” by Gutting the Sixth Amendment

15 Saturday May 2010

Posted by in Bill of Rights, Constitution, George W. Bush, Justice Department, Obama, Obama administration, Politics, terrorism, war on terror

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It’s becoming clearer what Attorney General Eric Holder meant when he spoke of the need to “modernize” Miranda. (Even though he also said that “giving Miranda warnings has not had a negative impact on our ability to obtain information from terrorism suspects” ). According to this latest proposal under consideration by the Obama administration, such a “modernization” includes doing away with the Sixth Amendment rights to a speedy trial and to counsel.

“President Obama’s legal advisers are considering asking Congress to allow the government to detain terrorism suspects longer after their arrests before presenting them to a judge for an initial hearing, according to administration officials familiar with the discussions.

If approved, the idea to delay hearings would be attached to broader legislation to allow interrogators to withhold Miranda warnings from terrorism suspects for lengthy periods, as Attorney General Eric H. Holder Jr. proposed last week.

The goal of both measures would be to open a window of time after an arrest in which interrogators could question a terrorism suspect without an interruption that might cause the prisoner to stop talking. It is not clear how long of a delay the administration is considering seeking.”

President Obama has been criticized by civil libertarians in the past for continuing the policies of the Bush administration. This one goes further, it’s beyond Bush:

“Anthony Romero, the executive director of the American Civil Liberties Union, assailed the Obama administration for considering such ideas. He noted that the administration of President George W. Bush, which was heavily criticized by civil-liberties groups, never proposed such modifications to criminal procedures.”

Marcy Wheeler points out how this denies the accused of their right to counsel:

“The way it works…is you’re arrested and you’re brought before the judge (either to be charged or arraigned) and if you don’t have a lawyer, the judge makes sure you have one.

[…]

“[T]he Administration wants to “modernize” Miranda. They want to postpone bringing alleged terrorists before a Court (though it’s not clear why). Are they, by delaying court appearances, trying to at the same time delay the time when alleged terrorists get assigned lawyers? Are they trying to dissuade alleged terrorists from having lawyers?”

And Jeralyn at Talk Left warns of the slippery slope:

“Taking rights taken from terror suspects today just makes it easier to take them from all of us tomorrow. It’s ironic that this is one right even the Bush Administration didn’t try and tinker with, and its our Democratic president showing so little respect for the rule of law.”

More constitutional rights and protections bite the dust in the course of carrying out the “war on terror.” But hey, whatever it takes to keep us safe, right President Bush Obama?

I Thought We Were “Looking Forward”

30 Friday Apr 2010

Posted by in Justice Department, Obama, Politics, torture, war on terror

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Wait a minute. I sense some inconsistency here. What happened to “look forward, not back?”:

“The Obama administration is seeking to compel a writer to testify about his confidential sources for a 2006 book about the Central Intelligence Agency, a rare step that was authorized by Attorney General Eric H. Holder Jr.

The author, James Risen, who is a reporter for The New York Times, received a subpoena on Monday requiring him to provide documents and to testify May 4 before a grand jury in Alexandria, Va., about his sources for a chapter of his book, “State of War: The Secret History of the C.I.A. and the Bush Administration.” The chapter largely focuses on problems with a covert C.I.A. effort to disrupt alleged Iranian nuclear weapons research.”

John Cole at Balloon Juice makes the call:

“It’s just a damned shame Risen didn’t torture anyone. I’m serious- can’t Risen just claim he tortured someone to get the information, but destroyed the tapes? Then mumble something about a few bad apples.

Doesn’t that get you a pass under the current rules?”

The Rule of Law Loses Another Round With Johnsen Withdrawal

13 Tuesday Apr 2010

Posted by in George W. Bush, Justice Department, Obama, Politics, terrorism, torture, war on terror

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In what has become SOP for this administration, President Obama has once again capitulated under the slightest pushback from the GOP obstructionists, although without too much of a struggle I might add. After leaving his nominee to head the OLC, Dawn Johnsen to “twist in the wind for more than a year,” Ms. Johnsen withdrew her nomination.

“The struggle between President Obama and Republicans on Capitol Hill has claimed a fresh victim — Dawn Johnsen. She was Mr. Obama’s choice to lead the Office of Legal Counsel at the Justice Department. Ms. Johnsen withdrew her nomination after more than a year. It was clear that the White House was not going to fight to save her from Republicans who were refusing to allow a vote on her confirmation.

Ms. Johnsen’s problem was not that she lacked strong qualifications to be the legal adviser to the executive branch, informing the White House about what the law requires and what it prohibits.”

Ms. Johnsen’s “problem” was that she is a staunch advocate for the limitation of executive power and an opponent of the president’s “look forward, not back” policy in relation to dealing with abuses of power by the previous administration. In a March, 2008 piece in Slate she wrote:

“The question how we restore our nation’s honor takes on new urgency and promise as we approach the end of this administration. We must resist Bush administration efforts to hide evidence of its wrongdoing through demands for retroactive immunity, assertions of state privilege, and implausible claims that openness will empower terrorists.”

[…]

“Here is a partial answer to my own question of how should we behave, directed especially to the next president and members of his or her administration but also to all of use who will be relieved by the change: We must avoid any temptation simply to move on. We must instead be honest with ourselves and the world as we condemn our nation’s past transgressions and reject Bush’s corruption of our American ideals. Our constitutional democracy cannot survive with a government shrouded in secrecy, nor can our nation’s honor be restored without full disclosure.”

Glenn Greenwald at Salon writes:

“What Johnsen insists must not be done reads like a manual of what Barack Obama ended up doing and continues to do — from supporting retroactive immunity to terminate FISA litigations to endless assertions of “state secrecy” in order to block courts from adjudicating Bush crimes to suppressing torture photos on the ground that “opennees will empower terrorists” to the overarching Obama dictate that we “simply move on.”

Could she have described any more perfectly what Obama would end up doing when she wrote, in March, 2008, what the next President “must not do”?

A rhetorical question, I presume. The answer is painfully obvious.

Still Waiting for the Wall Street Perp Walks

01 Thursday Apr 2010

Posted by in bailout, Financial Crisis, Justice Department, Politics, Wall Street

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From Bankster USA, Will Anyone Bunk With Bernie?

“Bernie Madoff is lonely. Eighteen months after the collapse of the financial system, not one Wall Street Titan has joined the [Ponzi] King in the federal pen…Apparently no one at the Department of Justice (DOJ) or the FBI really cares about the greatest white-collar crime wave in the history of the world — even if it did rob average American of some $14 trillion dollars in lost wages, savings, and housing wealth. After eighteen months, it is difficult to point to one CEO from a major Wall Street bank, hedge fund, or fraudulent mortgage company who is behind bars.”

Compare that with the Savings and Loan crisis of the late 1980’s:

“In the wake of the S&L crisis, Congress pushed regulators to investigate and prosecute. Congress also provided them with the resources to do the job. A series of strike forces based in 27 cities were staffed with 1,000 FBI agents and dozens of federal prosecutors.

The result? According to government statistics, no less than 1,852 S&L officials were prosecuted and 1,072 were jailed. Over 500 of these were top officers.

Bernie is lonely. I am sure the federal penitentiary can squeeze in hundreds of more bunk beds to accommodate his friends and colleagues from Wall Street. But it’s not going to happen until the FBI and the DOJ are given the resources they need, and a kick in the pants by Congress.”

Too Big To Jail?

28 Sunday Mar 2010

Posted by in bailout, Financial Crisis, financial reform, financial regulation, Justice Department, Politics, Wall Street

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Only in the bizarro world of high finance can one be named as a co-conspirator and not subject to criminal charges:

“March 26 (Bloomberg) — JPMorgan Chase & Co., Lehman Brothers Holdings Inc. and UBS AG were among more than a dozen Wall Street firms involved in a conspiracy to pay below-market interest rates to U.S. state and local governments on investments, according to documents filed in a U.S. Justice Department criminal antitrust case.

…None of the firms or individuals named on the list has been charged with wrongdoing.”

A government list of previously unidentified “co- conspirators” contains more than two dozen bankers at firms also including Bank of America Corp., Bear Stearns Cos., Societe Generale, two of General Electric Co.’s financial businesses and Salomon Smith Barney, the former unit of Citigroup Inc., according to documents filed in U.S. District Court in Manhattan on March 24.

Apparently “too big to fail” is also “too big to jail.”

White House Set to “Overrule” Justice Department on Civilian Trials for Gitmo Detainees

25 Thursday Mar 2010

Posted by in George W. Bush, Justice Department, Obama, Politics, terrorism, war on terror

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One “change” I had hoped to see on January 20, 2009 was the end of the politicization of the Justice Department. Judging from this report at Newsweek by Michael Isikoff that isn’t going to be the case, as the Obama administration is set to “overrule” and “overturn” the decision of Attorney General Eric Holder to try detainees at Guantanamo Bay in civilian courts rather than military tribunals. The reason being political pressure from New York City mayor Bloomberg and Republicans in Congress:

“The White House may yet be several weeks away from announcing whether it plans to overrule Attorney General Eric Holder and order that the 9/11 conspirators be tried before military commissions rather than in civilian courts. But it’s not hard to figure out which way the wind is blowing.

…The embrace of military tribunals follows months of controversy over Holder’s decision to try Khalid Sheikh Mohammed and other 9/11 conspirators in federal court in New York–a move that generated opposition from New York political figures such as Mayor Michael Bloomberg, and Republicans in Congress. Administration officials have acknowledged it was looking increasingly likely that Congress would block any funding for civilian trials of the 9/11 conspirators.”

…”All the indications we’ve been given are to get ready for a lot of activity in Guanantamo,” said a military prosecutor, who asked not to be identified talking about upcoming cases. “It’s full steam ahead.”

…the big decision everyone is waiting for is whether President Obama, as is increasingly expected inside the Beltway, will overturn Holder’s decision and return Khalid Sheikh Mohammed and four other 9/11 co-conspirators to the military commissions.

Remember the days of an independent Department of Justice? When who was prosecuted and how was done at the discretion of the Attorney General? When an Attorney General would resign rather than succumb to political pressure from the White House?

Those days are apparently gone. No matter who occupies the Oval Office.

Guantanamo Detainee Ordered Released

23 Tuesday Mar 2010

Posted by in George W. Bush, Justice Department, Politics, torture, war on terror

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In another victory for the rule of law and a defeat for the Bush administration’s “war on terror” policies (sadly continued by the Obama administration), U.S. District Judge James Robertson has ordered the release of Mohamedou Slahi, who has been held at Guantanamo since 2002, without charges. The Miami Herald has the story:

“A federal judge on Monday ordered the Pentagon to release a long-held Mauritanian captive at Guantánamo Bay who was once considered such a high-value detainee that former Secretary of Defense Donald Rumsfeld designated him for “special interrogation techniques.”

About those “special techniques” ordered by Rumsfeld

“Slahi is the 34th Guantánamo detainee ordered freed since the U.S. Supreme Court ruled detainees could challenge their incarceration in federal court, but his name was already well known because of investigations into detainee abuse.

The interrogations were so abusive a highly regarded Pentagon lawyer, Marine Lt. Col. Stuart Couch, quit the case five years ago rather than prosecute him at the Bush administration’s first effort to stage military commissions.”

Those probes found Slahi had been subjected to sleep deprivation, exposed to extremes of heat and cold, moved around the base blindfolded, and at one point taken into the bay on a boat and threatened with death. Investigators also found interrogators had told him they would arrest his mother and have her jailed as the only female detainee at Guantánamo if he did not cooperate.

And as if any further proof of the ineffectiveness of those interrogation methods were needed (emphasis added):

“In November 2006 he wrote his lawyers that he had denied any wrongdoing while in custody until he was tortured. “I yess-ed every accusation my interrogators made,” after they tortured him, he said. “I even wrote the infamous confession about me planning to hit the CN Tower in Toronto.”

The Obama Justice Department is “reviewing the ruling.” *Sigh* Here’s the only “review” needed:

“He’s been incarcerated, tortured and interrogated and rendered illegally,” said attorney Nancy Hollander of Albuquerque, N.M., who represents Slahi free of charge. “After almost 10 years the government has not been able to meet the minimal burden to detain him that’s required under habeas. He should be free.”