Tag: justice

Two Justices for the “Haves” and “Have Nots”

Cross posted from The Stars Hollow Gazette

Noam Chomsky Glenn Greenwald with Liberty and Justice For Some

Former constitutional rights lawyer Glenn Greenwald contends that the United States has a two-tiered judicial system, one for the “haves” and one for the “have-nots.” Mr. Greenwald presents his argument by tracing the evolution of judicial inequality, from President Richard Nixon’s pardon for the Watergate scandal to what the author deems were economic and political crimes committed during the George W. Bush administration. The author posits that both political parties and the media are culpable for creating an unequal judicial system. Glenn Greenwald presented his thoughts in conversation with political activist Noam Chomsky. They also responded to questions from members of the audience. This was a special event of the Harvard Book Store, held at the Brattle Theatre in Cambridge, Massachusetts.

I’m including the article below by Glenn because the tactics that are employed by the powers that be and their adherents need to be exposed. Those of us who dissent from the CW are told to “sit down and shut up” because the president’s “got this.” Now, after Barack Obama has been reelected his true colors are really shining through with his appointments of torture advocates to even higher office and the revolving door of Wall St. and banking shills to protect the super wealthy. Much of what Glenn says about Noam Chomsky has also been applied to Glenn, himself, and many of us who expose the true agenda of this government. These are the tactics of the right wing used to silence the dissent during the Bush regime now being directed at those of us who have not been fooled by promise of change that will never come unless we expose it.

How Noam Chomsky is discussed

by Glenn Greenwald, The Guardian

The more one dissents from political orthodoxies, the more the attacks focus on personality, style and character

One very common tactic for enforcing political orthodoxies is to malign the character, “style” and even mental health of those who challenge them. The most extreme version of this was an old Soviet favorite: to declare political dissidents mentally ill and put them in hospitals. In the US, those who take even the tiniest steps outside of political convention are instantly decreed “crazy”, as happened to the 2002 anti-war version of Howard Dean and the current iteration of Ron Paul (in most cases, what is actually “crazy” are the political orthodoxies this tactic seeks to shield from challenge).

This method is applied with particular aggression to those who engage in any meaningful dissent against the society’s most powerful factions and their institutions. Nixon White House officials sought to steal the files from Daniel Ellsberg’s psychoanalyst’s office precisely because they knew they could best discredit his disclosures with irrelevant attacks on his psyche. Identically, the New York Times and partisan Obama supporters have led the way in depicting both Bradley Manning and Julian Assange as mentally unstable outcasts with serious personality deficiencies. The lesson is clear: only someone plagued by mental afflictions would take such extreme steps to subvert the power of the US government.

A subtler version of this technique is to attack the so-called “style” of the critic as a means of impugning, really avoiding, the substance of the critique. Although Paul Krugman is comfortably within mainstream political thought as a loyal Democrat and a New York Times columnist, his relentless attack against the austerity mindset is threatening to many. As a result, he is barraged with endless, substance-free complaints about his “tone”: he is too abrasive, he does not treat opponents with respect, he demonizes those who disagree with him, etc. The complaints are usually devoid of specifics to prevent meaningful refutation; one typical example: “[Krugman] often cloaks his claims in professional authority, overstates them, omits arguments that undermine his case, and is a bit of a bully.” All of that enables the substance of the critique to be avoided in lieu of alleged personality flaws.

Nobody has been subjected to these vapid discrediting techniques more than Noam Chomsky. [..]

Like any person with a significant political platform, Chomsky is fair game for all sorts of criticisms. Like anyone else, he should be subjected to intense critical and adversarial scrutiny. Even admirers should listen to his (and everyone else’s) pronouncements with a critical ear. Like anyone who makes prolific political arguments over the course of many years, he’s made mistakes.

But what is at play here is this destructive dynamic that the more one dissents from political orthodoxies, the more personalized, style-focused and substance-free the attacks become. That’s because once someone becomes sufficiently critical of establishment pieties, the goal is not merely to dispute their claims but to silence them. That’s accomplished by demonizing the person on personality and style grounds to the point where huge numbers of people decide that nothing they say should even be considered, let alone accepted. It’s a sorry and anti-intellectual tactic, to be sure, but a brutally effective one.

Terror at Guantanamo

Cross posted from The Stars Hollow Gazette

Torture at Guantánamo: Lt. Col. Stuart Couch on His Refusal to Prosecute Abused Prisoner

On Sept. 11, 2001, Marine Lt. Col. Stuart Couch’s friend died co-piloting the second plane to hit the World Trade Center. Soon after, Couch became one of the first military prosecutors assigned to the U.S. military base at Guantánamo Bay to prosecute men alleged to have carried out the terrorist plot. He ultimately would refuse to prosecute one detainee: Mohamedou Ould Slahi. “It became clear that what had been done to Slahi amounted to torture,” Couch says. “Specifically, he had been subjected to a mock execution. He had sensory deprivation. He had environmental manipulation; that is, cell is too cold, or the cell is too hot. … He was presented with a ruse that the United States had taken custody of his mother and his brother and that they were being brought to Guantánamo.” Couch says he concluded Slahi’s treatment amounted to illegal torture. “I came to the conclusion we had knowingly set him up for mental suffering in order for him to provide information,” Couch said. “We might very well have a significant problem with the body of evidence that we were able to present as to his guilt.”

“The Terror Courts: Rough Justice at Guantanamo Bay”

Terror Court Prologue by Renee Feltz

Justice and the Law for Aaron Swartz

Cross posted from The Stars Hollow Gazette

Law professor Lawrence Lessig marked his appointed as Roy L. Furman Professor of Law and Leadership at Harvard Law School with a lecture dedicated to the memory of internet activist Aaron Swartz and his work. Prof. Lessig was a close friend and mentor to Aaron and his death was a great loss to him. He had planned to lecture on corruption but after Aaron’s death decided to discuss Aaron’s Law and his work:

At the center of [Aaron’s] struggle is and was copyright.  In the debate between people who are pro and anti copyright, Aaron was on neither side.”  Rather, he opposed “dumb copyright.”  A perfect example was Swartz’s efforts to liberate data from PACER the database of public court records, which charged 8 cents a page.  He was not violating copyright, technical restraints, terms of service or any other prohibitions.  He had found a loophole.  “A loophole for public good” as opposed to the loopholes used for private gain by lobbyists and tax lawyers.  Swartz did the same thing with the government’s database of issued copyrights.  The PACER project got Aaron FBI surveillance; the copyright project, on the other hand, was met with approval by the Copyright Office.  Using all this as proof Lessig continued to emphasize that Aaron was a hacker.  He defines “hacker” as one who uses technical knowledge to make a better world.

According to Lessig, Aaron was his mentor, not the other way around.  The two worked together, upon Aaron’s insistence, on anti-corruption campaign for a while before they split again: while Aaron wanted to turn Barrack Obama into Elizabeth Warren, Lessig wanted Obama to pick up the fight with corruption he had promised in 2008.  Without that fight, the defenders of the status quo would defeat real change.

Aaron’s Laws – Law and Justice in a Digital Age’

The Legacy of Aaron Swartz

Cross posted from The Stars Hollow Gazette

The White House announced a National Day of Civic Hacking, June 1 – 2, 2013, as the internet continues to mourn the hacker and activist, Aaron Swartz, who died of suicide at age 26. Aaron’s partner Taren Stinebrickner-Kauffman, executive director and founder of SumofUs.org joins host Chris Hayes; Lawrence Lessig, Roy L. Furman Professor of Law at Harvard Law School; Susan Crawford, professor for the Center on Intellectual Property & Information Law Program at Carodozo School of Law; and Ta-Nehisi Coates, senior editor for The Atlantic on the Up with Chris panel to discuss the legacy of Aaron Swartz.

Revisiting the Mountaintop

I am an activist for my people.  As I have grown older, I have more likely performed my activism with my words, which is the tool I have had at hand.

Sometimes I am repetitive.  I am a teacher.  Some lessons are hard.  That’s a clue to the fact that they are important.  Important lessons need to be taught more than once, again and again, time and again, using different words, approaching the issue from different points of view.  That’s what I do.  Some of you claim that I do it “ad nauseam.”  It’s your nausea, not mine.

Many of you know me as the transsexual woman (or whatever you call me…I’m sure that it is not favorable in many instances).  Some of you know me as an artist or a poet.  Some of you see the teacher in me.  Or the glbt activist and PFLAG parent.  I am all of these.  I am a human being.

I was born in a place and time.  I have absorbed the life lessons presented to me since then.  I am still learning.

I’ve tried to pass on what I have learned.  I continue to make that effort, in whatever new venues are available, wherever I can find an opened eye or ear.

Flip the Bird But Don’t Point

Cross posted for letting real debate take place from The Stars Hollow Gazette

Sometimes more reasonable adults need to be in charge.

Flipping Off Police Officers Constitutional, Federal Court Affirms

by Ryan J. Reilly

WASHINGTON — A police officer can’t pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled (pdf) that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

Now if we only had them in schools

Terror Tots III: Maryland Student Suspended For Use Of Finger Gun

by Jonathan Turley

We have previously seen absurd examples of disciplinary actions taken under zero tolerance rules for drugs and guns (here and here and here). This includes cases involving kids using finger guns (here). Now Roscoe R. Nix Elementary School in Montgomery County has joined these ranks by suspending a six-year-old boy for making a finger gun with his hand and saying “Pow.”

OK? Or Overkill?

The Land of the Free and other mythology

  While the mythology that America has the highest standard of living is beginning to die its long-overdue death, most Americans still honestly believe that their country is the most free in the world.

  When Bush told us that “they hate us for our freedom” what was most stunning was that the news media, and many citizens, simply accepted it as a fact.

 It’s an important myth, because if you believe your country defends liberty and freedom then you can justify all sorts of horrible things done in the name of your country.

Terrorist Conviction Overturned

Cross posted from The Stars Hollow Gazette

The United States Court of Appeals for the District of Columbia Circuit overturned the conviction of Salim Ahmed Hamdan for providing material support for terrorism. Hamdan, a Yemeni, was captured in Afghanistan in 2001

The court ruled that the conviction could not stand because ,at the time of Handan’s conviction “under the international law of war in effect at the time of his actions, there was no such defined war crime”:

The Military Commission Act, a law passed in 2006, does not authorize such retroactive prosecutions, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled. [..]

The ruling called into question whether other Guantanamo detainees  accused of being part of Al Qaeda but not of plotting any specific terrorist attack can receive military trials.

The opinion was written by Judge Brett Kavanaugh, who worked as a lawyer in the White House for President George W. Bush before he was appointed to the bench. His opinion was largely joined by Chief Judge David Sentelle and Judge Douglas Ginsburg, appointees of Ronald Reagan.

Zachary Katznelson, senior staff attorney at the American Civil Liberties Union, said the decision “strikes the biggest blow yet against the legitimacy of the Guantánamo military commissions, which have for years now been trying people for a supposed war crime that in fact is not a war crime at all.” He said the  government should prosecute in civilian courts any Guantánamo prisoners against whom it has enough admissible evidence.

This should come as no surprise to the administration since, as Marcy Wheeler at emptywheel noted in her analysis, this had been predicted (pdf) by an assistant attorney general over three years ago:

There are two additional issues I would like to highlight today that are not addressed by the Committee bill that we believe should be considered. The first is the offense of material support for terrorism or terrorist groups. While this is a very important offense in our counterterrorism prosecutions in Federal court under title 18 of the U.S. Code, there are serious questions as to whether material support for terrorism or terrorist groups is a traditional violation of the law of war. The President has made clear that military commissions are to be used only to prosecute law of war offenses. Although identifying traditional law of war offenses can be a difficult legal and historical exercise, our experts believe that there is a significant risk that appellate courts will ultimately conclude that material support for terrorism is not a traditional law of war offense, thereby reversing hard-won convictions and leading to questions about the system’s legitimacy.

The DC court agreed:

   First, despite Hamdan’s release from custody, this case is not moot. This is a direct appeal of a conviction. The Supreme Court has long held that a defendant’s direct appeal of a conviction is not mooted by the defendant’s release from custody.

   Second, consistent with Congress’s stated intent and so as to avoid a serious Ex Post Facto Clause issue, we interpret the Military Commissions Act of 2006 not to authorize retroactive prosecution of crimes that were not prohibited as war crimes triable by military commission under U.S. law at the time the conduct occurred. Therefore, Hamdan’s conviction may be affirmed only if the relevant statute that was on the books at the time of his conduct – 10 U.S.C. § 821 – encompassed material support for terrorism.

   Third, when Hamdan committed the relevant conduct from 1996 to 2001, Section 821 of Title 10 provided that military commissions may try violations of the “law of war.” The “law of war” cross-referenced in that statute is the international law of war. See Quirin, 317 U.S. at 27-30, 35-36. When Hamdan committed the conduct in question, the international law of war proscribed a variety of war crimes, including forms of terrorism. At that time, however, the international law of war did not proscribe material support for terrorism as a war crime. Indeed, the Executive Branch acknowledges that the international law of war did not – and still does not – identify material support for terrorism as a war crime. Therefore, the relevant statute at the time of Hamdan’s conduct – 10 U.S.C. § 821 – did not proscribe material support for terrorism as a war crime.

   Because we read the Military Commissions Act not to retroactively punish new crimes, and because material support for terrorism was not a pre-existing war crime under 10 U.S.C. § 821, Hamdan’s conviction for material support for terrorism cannot stand. We reverse the judgment of the Court of Military Commission Review and direct that Hamdan’s conviction for material support for terrorism be vacated.

This ruling could obviously effect the convictions and prosecutions of other Guantánamo detainees. The Administration has yet to announce whether it will appeal, I suspect that they will try.

Obama Will Not Prosecute Torture

Cross posted from The Stars Hollow Gazette

We know that the Obama administration was determined to never prosecute any of the main architects of the Bush regime torture program, or close Guantanamo. Last week while everyone was focused on the Republican Party Convention in Tampa, the Department of Justice announced that it is formally ending its investigation of the CIA’s “enhanced interrogation” program with out bringing criminal charges:

Attorney General Eric H. Holder Jr. announced Thursday that no one would be prosecuted for the deaths of a prisoner in Afghanistan in 2002 and another in Iraq in 2003, eliminating the last possibility that any criminal charges will be brought as a result of the brutal interrogations carried out by the C.I.A.

Mr. Holder had already ruled out any charges related to the use of waterboarding and other methods that most human rights experts consider to be torture. His announcement closes a contentious three-year investigation by the Justice Department and brings to an end years of dispute over whether line intelligence or military personnel or their superiors would be held accountable for the abuse of prisoners in the aftermath of the terrorist attacks of Sept. 11, 2001.

Mr. Holder had stated that the DOJ would not charge any of the interrogators if they had acted strictly in accordance with the department’s legal advice. Thus giving legitimacy to the “we were just following orders” defense that was rejected when used by German war criminals at Nuremberg. Mr. Holder just thumbed his nose at established international law, as well.

The lame excuse that there is a lack of solid evidence is just ludicrous, as David Dayen wrote in his article at FDL News Desk:

This was the investigation headed by John Durham, the federal prosecutor selected in August 2009 to look into charges of torture in CIA interrogations during the Bush Administration. We know plenty about those charges. The Justice Department released a previously classified document around the same time that they named Durham to lead the investigation, detailing the methods they used to interrogate suspects, including plenty of metMr. Obamahods that a plain reading would consider to be torture. This included waterboarding, stress positions, mock executions, threatening with handguns and power drills, vowing to kill or rape members of a detainee’s family, and inducing vomiting. [..]

In July 2010, federal judge and former Bush-era Justice Department official Jay Bybee, who wrote many of the Administration’s guidelines on interrogation, admitted to a House committee that CIA personnel never asked for approval for many of the interrogation techniques they used, that they went further than the prescribed guidelines from him, and that the ones he did prescribe were used excessively. Even if you believe that Bybee’s techniques were legal and did not violate federal and international conventions against torture, his testimony revealed clearly that CIA interrogators broke the law. Despite this prima facie evidence of unauthorized interrogation, the investigation went nowhere.

From the very start of his administration Pres. Obama and his officials have shielded the Bush torturers from all accountability, despite his campaign promise to have his Justice Department thoroughly investigate any charge of torture because no one is above the law. Then, even before he was inaugurated Mr. Obama declared that he was apposed to any of these investigations declaring  “we must look forward, not backward.”

Glenn Greenwald writing for The Guardian, reviews the timeline of decisions that has lead to a whitewash of the “war on terror crimes.”

Throughout the first several months of his presidency, his top political aides, such as the chief of staff, Rahm Emanuel and his press secretary, Robert Gibbs, publicly – and inappropriately – pressured the justice department to refrain from any criminal investigations. Over and over, they repeated the Orwellian mantra that such investigations were objectionable because “we must look forward, not backward“. As Gibbs put it in April 2009, when asked to explain Obama’s opposition, “the president is focused on looking forward. That’s why.

On 16 April 2009, Obama himself took the first step in formalizing the full-scale immunity he intended to bestow on all government officials involved even in the most heinous and lethal torture. On that date, he decreed absolute immunity for any official involved in torture provided that it comported with the permission slips produced by Bush department of justice (DOJ) lawyers which authorized certain techniques. “This is a time for reflection, not retribution,” the new president so movingly observed in his statement announcing this immunity. Obama added:

   “[N]othing will be gained by spending our time and energy laying blame for the past … we must resist the forces that divide us, and instead come together on behalf of our common future.” [..]

(I)n August 2009, Holder announced a formal investigation to determine whether criminal charges should be brought in over 100 cases of severe detainee abuse involving “off-the-books methods” such as “mock execution and threatening a prisoner with a gun and a power drill”, as well as threats that “prisoners (would be) made to witness the sexual abuse of their relatives.” But less than two years later, on 30 June 2011, Holder announced that of the more than 100 cases the justice department had reviewed, there would be no charges brought in any of them – except two.

Glenn goes on to discuss the evidence in those two brutal cases that the justice department has now closed without charges and how the Obama administration even shut down investigations by Spain and Germany:

Moreover, Obama’s top officials, as WikiLeaks cables revealed, secretly worked with GOP operatives to coerce other countries, such as Spain and Germany, to quash their investigations into the US torture of their citizens, and issued extraordinary threats to prevent British courts from disclosing any of what was done. And probably worst of all, the Obama administration aggressively shielded Bush officials even from being held accountable in civil cases brought by torture victims, by invoking radical secrecy powers and immunity doctrines to prevent courts even from hearing those claims.

Meanwhile, the Obama administration has prosecuted whistleblowers with a vigor that has surpassed all other presidents. In the NY Times article, Mr Holder noted one case in his announcement:

While no one has been prosecuted for the harsh interrogations, a former C.I.A. officer who helped hunt members of Al Qaeda in Pakistan and later spoke publicly about waterboarding, John C. Kiriakou, is awaiting trial on criminal charges that he disclosed to journalists the identity of other C.I.A. officers who participated in the interrogations.

Glenn appeared on Democracy Now with host Amy Goodman to discuss Mr. Holder’s announcement. During the seven minute interview they also discussed Clint Eastwood’s conversation with an empty chair at the RNC Convention,

Mr. Holder covers up the evidence, allows the real criminals to walk, instead prosecuting those who spoke out about the crimes.

Is this the change we are suppose to believe in and vote to reelect?  

Letting It All Hang Out

Cross posted from The Stars Hollow Gazette

One of the latest MSM fixations has been an incident that occurred last year during a Republican junket to Israel. A nighttime swim in the Sea of Galilee by some members of the delegations turned embarrassing when the FBI found the Rep. Kevin Yoder (R-Kan.) took his dip in the sea sans his suit. Oh my! A coed swim with one naked man is now national news. But the question by the press should have been, why was the FBI investigating this trip. Surely, they weren’t interested in who was taking off their clothed and skinny dipping. It turns out that the FBI was only interested in one member of that group and the investigation had nothing to do with that representative’s participation in that incident, clothed or otherwise.

The focus of the FBI is Staten Island’s freshman Tea Party backed House Representative Michael Grimm. The 42 year old former FBI agent who bears a striking resemblance to Rep. Paul Ryan and the other Tea Party clones has been under investigation by the FBI and a federal grand jury investigation into his 2010 campaign finances. The FBI was looking into Mr. Grimm’s side trip to Cyprus that was sponsored by the Cyprus Federation of America.

But FBI agents were actually interested in Grimm’s failure to file paperwork related to his trip to Cyprus following his Israeli junket, which had been paid for by the Cyprus Federation of America. The president of that company was arrested on federal corruption charges in June. Grimm had reported the Israel trip in his initial filing in May but did not list the trip to Cyprus until he amended it in June, one day after Cyprus Federation of America’s president was arrested.

FBI agents may have asked questions about “who went into the water that night, and whether there was any impropriety,” as Politico reported, but sources indicated the dip in the water certainly wasn’t the FBI’s central focus. [.]

Grimm, a former FBI agent, has been the subject of plenty of attention from federal authorities over the past year. On Friday, one of Grimm’s top fundraisers was arrested for allegedly lying about the source of a loan on immigration documents. That man, an Israeli named Ofer Biton, traveled around the New York area with Grimm in 2010 to raise money for his congressional campaign. At least four of Grimm’s 2010 campaign workers have been questioned by the FBI. Federal prosecutors have also interviewed several donors, according to the New York Times.

But heck, what’s more interesting, an skinny dipping congressman or an investigation into possible corruption by a congressman? I think we all know the answer to that.

The Crime Scene: The US Economy

Cross posted from The Stars Hollow Gazette

The surprise announcement by President Barack Obama that he was appointing New York State’s Attorney General Eric Schneiderman to head a new group, the Residential Mortgage-Backed Securities Working Group, that would be investigating securities fraud from the housing bubble and financial crisis. The announcement elicited some interesting reactions from the President’s supporters and critics expressing both praise and doubt about the new committee and just how much force it would really have considering the other appointees to the panel. Public opinion seems to be that few if any of the real perpetrators of the housing bubble and financial crisis have been held accountable.

On Friday, the group held its first press conference. US Attorney General Eic Holder, along with Mr. Schneiderman and Housing Secretary Scott Donovan, explained the purpose of the group, on what it would be focusing some of its powers and announced it had already issued 11 subpoenas:

“We are wasting no time in aggressively pursuing any and all leads,” Mr. Holder said. “In sending out those subpoenas, we consulted with the S.E.C. in making a determination as to where they should go.” Officials would not say which companies received the subpoenas.

“We are not going to be looking at the same things they are examining,” he added. “We’re going to be working with them but looking at a separate group of institutions.”

Schneiderman added that by working together with the SEC, IRS and Justice Department state Attorneys Generals would give them more information with which to bring prosecutions and civil suits at the state level:

In addition, the New York State Martin Act, which gives the attorney general broad powers to elicit information during investigations, “is more flexible than federal securities laws,” Mr. Schneiderman said. The New York and Delaware attorneys general also have jurisdiction over the trusts that hold the mortgages that underlie the mortgage-backed securities, making them “the bricks and mortar of this entire structure.”

By coordinating their efforts, group members might be able to share documents and information that usually would be in individual agency silos, Mr. Holder said.

Friday evening, Schneiderman sat down for an interview with MSNB’s Rachel Maddow, where he further discussed the committee’s focus, the agencies that would be involved and the roll of the states. Dayen, who still has strong reservations about the RMBS working group, thinks that the group lacks serious substance mostly because the use of wording like “resolving allegations”, not “crimes” and the lack of supporting staff and the appearance of disinterest by Assistant Attorney General for the Criminal Division Lanny Breuer who was absent at the press conference. However, he does see some promise. In the past, the IRS was reluctant to get involved, but as David Dayen at FDL News Desk indicated there could be huge tax fraud implications:

But I want to pull out the sentence I highlighted previously in Schneiderman’s interview which shows that at least he is thinking creatively about this. He said that “We have the Internal Revenue Service in because there are huge tax fraud implications to some of the stuff that went on.” I suppose he could be talking about a few different things (like the tax evasion from the banks using MERS instead of recording mortgage transfers at public records offices and paying a fee), but my guess is he’s talking about REMIC claims.

REMICs are an acronym for Real Estate Mortgage Investment Conduits. When you’re talking about mortgage pools used in securitization, you’re talking about REMICs. And REMICs have special tax treatment; they are exempt from federal taxes provided they only invest in “qualified mortgages” and other permitted investments. Here’s the important part: under the 1986 Tax Reform Act, the REMIC must receive all of its assets in the trust within 90 days and the assets have to be performing (not in default). Any REMIC violations make the vehicle subject to a penalty tax of 100%, with additional penalties as they apply.

Well, the strong suspicion is that, during the bubble years, the trustees did not properly convey the mortgages to the REMICs. Which makes the whole investment vehicle a massive tax fraud. That’s a huge level of exposure. You’re talking about $3 trillion in REMICs.

This obviously goes much deeper than fraud.

I became Attorney General about a year ago and started digging into this, and realized that New York and Delaware, which is why my collaboration with Beau Biden was so important, we had a unique place. Because all of the mortgage-backed securities were actually pools of mortgages deposited into New York trusts or Delaware trusts. We started looking at what she’s talking about, did they actually get all the paperwork done, things like that. And we realized that there’s a lot of work to do but a lot of potential for proving liability. [..]

To get this done Rachel, you need resources, you need jurisdiction, and you need will. And when I stood there today with Eric Holder and my other colleagues in government and other prosecutors, I really felt that we had that level of commitment […] what we realized as we started to go back and forth over the last few months is that we all need to work together. There are situations that, New York’s securities law is a stronger law in some ways than the federal laws. Some of our statutes of limitations, though, are shorter. So we can’t go as far back. The federal statute is longer. We need everyone together. And the folks that we have in on this… the Consumer Financial Protection Bureau, Rich Cordray just, a whole array of new powers just came into existence with his appointment, which the President just got done very recently. That’s a huge addition. We have the Internal Revenue Service in, because there are huge tax fraud implications to some of the stuff that went on. All of the people who are in this, all of the agencies who are designated, working together, can achieve so much more than any one of us on our own.

h/t David Dayen for the transcript.

There is still a lot of doubt about this commission and it’s purpose and goals. Matt Stoller at naked capitalism is curious to know if this panel will indict Vikram Pandit, the CEO of Citibank, for possible violations of Sarbanes-Oxley. He sees two problems with this task force. The first is the Obama administration’s policy “to protect the banking system’s basic architecture, which means the compensation structure and the existing personnel who run these large institutions.” And secondly:

Obama personally believes in the legitimacy of the existing banking institutional framework and he strongly suspects that no crimes were committed.  He has hired a raft of people – including Jack Lew, Tim Geithner, Eric Holder, Larry Summers, and so on and so forth – who agree, and has implemented policies such as Dodd-Frank that assume as much. [..]

These people aren’t stupid, they aren’t without principles, and they aren’t electorally driven.  They are ideologues.  They really believe in a neoliberal political economy, where government throws money at the economy through private channels and private channels do with it whatever they think best.

That’s quite a conflict of ideologies. Stoller concludes with more questions and doubts:

There are many details of the task force that are as of yet not public, so it is not clear to me that doing a case like this is possible.  But it’s quite obvious that mega-bank officials and regulators lying about the perilous state of various financial institutions to the public was a key part of the crisis, and that accountability on this front is probably critical to restoring faith in the system.  It would certainly be a big statement upfront if this is what this task force attempted to take on.  Will it?  That’s a very good question, and one I hope we get answers to, soon.

Here’s hoping that this isn’t just an election year sham and Eric Schneiderman has the will to stand up to the Obama neoliberals.  

On the 10th Anniversary of GITMO, An Interview with Boumediene

Cross posted from The Stars Hollow Gazette

On Saturday MSNBC’s Chris Hayes aired an exclusive taped interview with former Guantanamo detainee Lakhdar Boumediene. Boumediene, , a citizen of Bosnia and Herzegovina, was arrested with five Algerian men in Bosnia in October, 2001 and charged with plotting to blow up the American embassy in Sarajevo. He was held for seven years at Guantanamo without charges or explanation. Boumediene was the lead plaintiff in Boumediene v. Bush, a 2008 U.S. Supreme Court decision that Guantanamo detainees have the right to file writs of habeas corpus in U.S. federal courts. He and the five other detainees were released from Guantanamo on May 15, 2009 after a US Federal Judge found that “the Bush administration relied on insufficient evidence to imprison them indefinitely as ‘enemy combatants.

Through a translator, Boumediene explains life as a Guantanamo prisoner, about his torture, and his life after his release.

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