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Tag Archives: Justice Department

Bush Taught, Obama Learned

20 Monday Jun 2011

Posted by Craig in Congress, Constitution, George W. Bush, Justice Department, Libya, Obama, Politics

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Eric Holder, FBI, George W. Bush, hostilities, Justice Department, Libya, Lindsey Graham, Meet The Press, Newshoggers, Obama, Office of Legal Counsel, Pentagon, shut up, War Powers Resolution

From an editorial in the St. Petersburg Times, May 21, 2006, via Newshoggers:

“[T]he changes that George W. Bush has made to our nation’s constitutional firmament may not depart with the first family’s bags. His disregard for the separation of powers has so dramatically distorted the office of the president that he may have engineered a turning point in American history.

…Bush has taught tomorrow’s leaders that, if there are no consequences for ignoring legal constraints on power and if no one stops you from conducting the nation’s business in secret, you don’t have to be accountable. He is ruling through the tautological doctrine of Richard Nixon, who told interviewer David Frost that as long as the president’s doing it “that means it is not illegal.”

…Holding the executive branch to account for its actions, demanding that it respect the law and insisting that it fully report to Congress on its activities – these are nonnegotiable duties of Congress, because they are key part of our inheritance.

Being answerable to another is humbling. It makes you more careful in your actions. It requires that you consider how you will defend your decisions. George Bush has freed himself of this constitutional imperative and is showing the next president, and the next, how it is done.”

Bush taught, Obama learned, as evidenced by recent events. Like the expansion of the FBI’s investigative powers:

“The Obama administration has long been bumbling along in the footsteps of its predecessor when it comes to sacrificing Americans’ basic rights and liberties under the false flag of fighting terrorism. Now the Obama team seems ready to lurch even farther down that dismal road than George W. Bush did.

Instead of tightening the relaxed rules for F.B.I. investigations — not just of terrorism suspects but of pretty much anyone — that were put in place in the Bush years, President Obama’s Justice Department is getting ready to push the proper bounds of privacy even further.”

Like ignoring the advice of the Attorney General, the Pentagon general counsel, and the head of the Office of Legal Counsel on the president’s convoluted definition of “hostilities”:

“President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations.

Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department’s Office of Legal Counsel, had told the White House that they believed that the United States military’s activities in the NATO-led air war amounted to “hostilities.” Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20.

…Other high-level Justice lawyers were also involved in the deliberations, and Attorney General Eric H. Holder Jr. supported Ms. Krass’s view, officials said.”

But the Executive’s ability to expand power and ignore existing law becomes easier with idiots like Lindsey Graham ready, willing, and able to lend a helping hand with statements such as this:

“Sen. Lindsey Graham (R-S.C.) said Sunday that Congress should not interfere with U.S. operations in Libya. “Congress should sort of shut up and not empower Qadhafi,” Graham said on NBC’s “Meet the Press.”

Pull out that copy of the Constitution that I’m sure is in your coat pocket, Sen. Graham. See what it says about Congress’ responsibilities and duties relating to the declaration and funding of war. I don’t think “shut up” is among them.

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Who Says Crime Doesn’t Pay?

16 Saturday Oct 2010

Posted by Craig in economy, Financial Crisis, Justice Department, Obama administration, too big to fail, Wall Street

≈ 1 Comment

Tags

Angelo Mozilo, Bank of America, Countrywide, insider trading, Justice Department, lawsuit, Masters of the Universe, Securities and Exchange Commission, securities fraud

It certainly paid well for two former executives of Countrywide yesterday in the settlement of a civil lawsuit brought by the Securities and Exchange Commission charging Angelo Mozilo, former CEO, and David Sambol, former president, with securities fraud and insider trading. A scam which netted the two a total of nearly $160 million.

The first two paragraphs of the story read like this:

“Angelo R. Mozilo, who as head of home-loan giant Countrywide was at the center of the housing boom and bust, agreed Friday to pay a record fine as part of a $73-million settlement of a government fraud lawsuit over the lender’s near-collapse.

The deal with the Securities and Exchange Commission requires Mozilo, the highest-profile figure to be accused of wrongdoing in the mortgage meltdown, to personally pay a $22.5-million fine. The government said it would be the largest penalty ever paid by a senior executive of a public company in an SEC settlement.”

Then come the “buts”:

“Mozilo…also agreed to pay $45 million in “ill-gotten gains” to former Countrywide Financial Corp. shareholders, who lost billions when the company’s stock price plunged as defaults on home loans surged. But Bank of America Corp., which bought Countrywide in 2008, and Countrywide’s insurers will pay that amount under terms of Mozilo’s employment contract.

Countrywide’s former president, David Sambol, agreed to pay $520,000 in fines and $5 million in restitution. Bank of America will reimburse him for the latter.”

So to recap, Mozilo pays $22.5 million, Sambol pays $520,000. During the period covered by the suit Mozilo received $141.7 million, Sambol $18.3 million, while Countrywide was losing $1.6 billion. But that’s just a snapshot:

“For years, Mr. Mozilo was among the highest-paid executives in America and his S.E.C. fine is a fraction of the vast wealth he amassed running Countrywide. In one eight-year period, from 2000 until he left the company in 2008, Mr. Mozilo received total compensation of $521.5 million, according to Equilar, a compensation research firm.”

Mozilo is still the subject of a criminal investigation by the Justice Department, but anyone who believes this DOJ will pursue criminal charges against any of the financial industry’s Masters of the Universe hasn’t been paying attention. The next one prosecuted will be the first. Gotta keep looking forward, you know.

Obama Invokes “State Secrets” in Assassination Plot

26 Sunday Sep 2010

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

≈ 1 Comment

Tags

ACLU, al Qaeda, American citizen, Anwar al-Awlaki, assassinate, Center for Constitutional Rights, Constitution, due process, George Bush, Glenn Greenwald, James Madison, Justice Department, President Obama, state secrets, tyranny. oppression

“If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy.”—James Madison, often referred to as the father of that antiquated, outdated, document known as the Constitution of the United States, which is now little more than an a la carte menu.

When the president of the United States has the power to order the assassination of an American citizen suspected of terrorist activities but charged with no crime, that is tyranny. And that is exactly the power President Obama is seeking, under the ever-increasing justification of preserving “state secrets.”

“The Obama administration on Friday asked a federal judge to throw out a lawsuit seeking to stop the government from killing an American citizen [Anwar al-Awlaki] accused of ties to Al Qaeda…In a legal brief, which was filed shortly before midnight, the administration included the contentious argument that litigating the matter could reveal state secrets.”

Glenn Greenwald at Salon:

“…in other words, not only does the President have the right to sentence Americans to death with no due process or charges of any kind, but his decisions as to who will be killed and why he wants them dead are “state secrets,” and thus no court may adjudicate its legality.”

From the ACLU and the Center for Constitutional Rights (remember those?):

“The idea that courts should have no role whatsoever in determining the criteria by which the executive branch can kill its own citizens is unacceptable in a democracy.”

Obstruction of Justice Department spokesman Matthew Miller:

“If al-Awlaqi wishes to access our legal system, he should surrender to American authorities and return to the United States, where he will be held accountable for his actions.”

Why would al-Awlaki, who is thought to be in Yemen, surrender to authorities when he has not been charged with, or indicted for, any crime? Sure, give himself up and be on the next plane to Jordan or Morocco or wherever the latest outsourcing torture extraordinary rendition site is, to be tortured and meet an untimely, accidental death. Oops.

But few people will notice and even fewer will care. Republicans don’t care because it’s one of “them” who is being targeted for assassination, never mind that al-Awlaki is a US citizen. He don’t look like a reel ‘Murrican. And they’ll take full advantage of the expanded powers of the Executive Branch the next time a Republican occupies the Oval Office. Democrats don’t care because their guy is in there now and they trust him with this power, for some reason that escapes me. Never mind that they would be screaming about the president shredding the Constitution if George Bush was still in office.

McCain: Miranda Rights for U.S. Citizens a “Serious Mistake”

04 Tuesday May 2010

Posted by Craig in Bill of Rights, Dick Cheney, McCain, Politics, Republicans, war on terror

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Faisal Shahzad, John McCain, Justice Department, Miranda rights, Peter King, Scott Roeder, Shahzad, Times Square bombing

John McCain has taken the baton from Dick Cheney as drum major in the crazy parade. McCain said today it would have been a “serious mistake” to read the suspect arrested in connection with the May 1 attempted Times Square bombing his Miranda rights.

“Obviously that would be a serious mistake…at least until we find out as much information we have,” McCain said during an appearance on “Imus in the Morning” when asked whether the suspect, 30-year-old Faisal Shahzad, a naturalized American citizen from Pakistan.

“Don’t give this guy his Miranda rights until we find out what it’s all about,” McCain added.”

Sen. McCain, I know the suspect doesn’t have a good old ‘Murrican name like John, or Cindy…or even Sarah, but he is a United States citizen and he is entitled to Constitutional rights.

Scott Lemieux at Lawyers, Guns, and Money asks this:

“Did John McCain strenuously object when Scott Roeder was read his Miranda rights?   If not, I wonder what criteria McCain is using to determine which American terrorists are entitled to their constitutional rights and which aren’t?”

But the Arizona Senator didn’t stop there. He’s already assessed the death penalty—despite not knowing the charges:

“There’s probably about 350 different charges he’s guilty off — attempted acts of terror against the united States, attempted murder,” said McCain, cautioning that he’s not privy to the charges with which Shahzad might be charged. “I’m sure there’s a significant number to warrant the death penalty.”

And not to be outdone, New York Rep. Peter King also questioned the Justice Department with this:

“Did they Mirandize him? I know he’s an American citizen but still,” King said.”

I’ll leave it to your imagination what Rep. King was thinking but left unsaid.

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

25 Thursday Mar 2010

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

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Attorney General Eric Holder, civilian courts, detainees, Guantanamo Bay, Justice Department, Michael Isikoff, military tribunals, Newsweek

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.

The Case of the Vanishing Justice Department E-Mail

27 Saturday Feb 2010

Posted by Craig in Justice Department, Obama, Politics, torture

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interrogation techniques, John Yoo, Justice Department, missing e-mail

The legacy of Rose Mary Woods is alive and well at the Justice Department:

“Large batches of e-mail records from the Justice Department lawyers who worked on the 2002 legal opinions justifying the Bush administration’s brutal interrogation techniques are missing, and the Justice Department told lawmakers Friday that it would try to trace the disappearance.”

And in a stroke of what I’m sure is pure coincidence, what’s missing just happens to be from a crucial time period:

“The Justice Department’s Office of Professional Responsibility…pushed to get access to a range of e-mail records and other internal documents from the Justice Department to aid in its investigation.

But it discovered that many e-mail messages to and from John Yoo, who wrote the bulk of the legal opinions for the Justice Department’s Office of Legal Counsel, were missing…Also deleted were a month’s worth of e-mail files from the summer of 2002 for Patrick Philbin, another Justice Department lawyer who worked on the interrogation opinions. Those missing e-mail messages came during a period when two of the critical interrogation memos were being prepared.”

But never fear, the Obama DoJ is on the case. Kinda, sorta, maybe:

“Gary Grindler, the acting deputy attorney general who represented the Justice Department at Friday’s hearing, said he did not think there was “anything nefarious” about the deletion of the e-mail messages, but he could not explain what happened to them.

He said he had directed administrative personnel at the Justice Department to review the situation and determine whether there were problems in the department’s system for automatically archiving internal documents. He said the review would also seek to recover the missing e-mail messages if possible.”

Why do I get the feeling that in the spirit of the cover-up looking forward, not back, recovering the missing messages will be found impossible. Just a hunch.

Obama DOJ v. Fourth Amendment

13 Saturday Feb 2010

Posted by Craig in Bill of Rights, Constitution, Justice Department, Obama

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cell phone records, Fourth Amendment, Justice Department, probable cause, Third Circuit

Meet the new boss, same as the old boss:

“The government argued on Friday that it should be allowed access to people’s cell-phone records to help track suspected criminals… A Justice Department attorney urged a federal appeals court to overturn lower court rulings denying it the right to seek information from communications companies about the call activity of specific numbers that authorities believe are associated with criminal activity.”

Believe? What happened to probable cause?

“Law enforcement agencies hope to obtain cell phone location data from cellular providers without first showing probable cause of a crime _ and without the customer’s knowledge. The data comes from cell phone towers, and in densely populated cities can pinpoint a person’s location to within a few hundred yards.

“An individual has no Fourth Amendment-protected privacy interest in business records, such as cell-site usage information, that are kept, maintained and used by a cell phone company,” [Justice Department lawyer Mark] Eckenwiler wrote in his brief.”

One of the judges on the Third Circuit panel hearing the case, Judge Dolores Sloviter, questioned Eckenwiler:

“You know there are governments in the world that would like to know where some of their people are or have been. Can the government assure us that it will never try to find out these things? Don’t we have to be concerned about this? Not this government right now, but a government?”

Yes, Judge Sloviter. This government. Right now.

Prosecute The Torturers

19 Sunday Apr 2009

Posted by Craig in Obama, Politics, Uncategorized

≈ 1 Comment

Tags

accountable, CIA, Justice Department, look forward, Marquis de Cheney, memos, Obama, torture, waterboarding

To prosecute or not to prosecute, that is the question. With the release of the Justice Department memos last week detailing the so-called “enhanced interrogation techniques” (aka torture) used by the CIA, the debate has begun over what to do to those who were involved.

I fully understand the desire of the administration to, as the President said, “look forward and not backward.” We are facing the most serious economic crisis since the Great Depression and the President wants the focus to be on getting our economy back on a solid footing. I get that.

But at the same time I believe that the people responsible for the despicable acts described in those memos need to be held accountable. Not only the people who carried out those acts but those who approved and condoned their use.

The reason being that if we don’t hold them accountable it seems to me we are setting a dangerous precedent for (God forbid) a future administration with a vice-president like the Marquis de Cheney.

A vice-president who would have this to say about waterboarding:

“I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it. ”

And this:

“We proceeded very cautiously; we checked, we had the Justice Department issue the requisite opinions in order to know where the bright lines were that you could not cross. The professionals involved in that program were very, very cautious, very careful, wouldn’t do anything without making certain it was authorized and that it was legal. And any suggestion to the contrary is just wrong.”

“Very cautiously” and knowing “where the lines were that you could not cross.” Really? See if you think this sounds cautious and does not cross any lines.

“According to the May 30, 2005 Bradbury memo, Khalid Sheikh Mohammed was waterboarded 183 times in March 2003 and Abu Zubaydah was waterboarded 83 times in August 2002″.

That’s 6 times a day, every day for a month for Mohammed. That’s cautious and not crossing lines?

A couple of conclusions with which I agree. First from Donklephant:

“The point isn’t whether or not Mohammed is a bad man. There’s no doubt he is. The point is that we can’t allow ourselves to act just as despicable as him. I mean, Bush said they hate our freedoms, right? Well what happens when we compromise our values to mirror theirs? Doesn’t that make us less free?”
And this from Emptywheel:
“The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM.

That doesn’t sound very effective to me.”

So back to the question, to prosecute or not to prosecute?

Despite the possible loss of focus on economic issues, I see the option of not prosecuting having far greater repercussions than that of going forward with prosecution.

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