Category: Corruption

The Political Acumen of Little Orphan Annie

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Hillary Clinton gives a major speech against Republican’s racist voter suppression plans, and Richard Hanson, who is generally considered one of the more knowledgeable academics on this phenomenon has a sad because moderate Republicans who support voting rights will be scared off by this.

My first response is, “Name 3 moderate Republicans on the national scene who have come out against voter suppression.”

My second response is that voting rights have already been politicized by the Republican Party.

Voter fraud is rarer than getting struck by lightning in the United States, and the Republicans have passed so called “Ballot Integrity” laws without regard to the facts, and in a totally partisan manner.

Dr. Hanson looks at the world, and sees it as he wants it to be, not how it is:

Hillary Clinton spoke at Texas Southern University last week, where she put forward some good and provocative ideas for improving our elections. She wants Congress to fix the part of the Voting Rights Act that the Supreme Court gutted in 2013. She wants to expand early voting periods nationally to at least 20 days. And most provocatively, she advocates automatic universal voter registration across the country, including a program to automatically register high school students to vote before their 18th birthdays.

But the partisan way she’s framed the issue—by blaming Republicans for all the voting problems—makes it less likely these changes will actually be implemented should she be elected president. Instead, she’s offering red meat to her supporters while alienating the allies she would need to get any reforms enacted.

………

However, talking about election reform so provocatively may also doom the chances for meaningful election reform. Clinton used her speech not only to advance these ideas but to bash Republican opponents, including Gov. Scott Walker of Wisconsin and former Gov. Rick Perry of Texas, both of whom passed restrictive voting laws in the last few years. “What part of democracy are they afraid of?” she asked.

Republicans are not being sincere about their concern for voter fraud.

They use it as a fig leaf to keep black, brown, and young people voting.

Republicans do not want to fix the voting system. They want to manipulate it to partisan advantage.

It Is Official, Kansas Is Clinically Insane

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Sam Brownback has had a number of run-ins with the Kansas courts, and now he is threatening to completely defund Kansas courts if they continue to rule against him:

The fight between Gov. Sam Brownback of Kansas and the state’s judicial branch has escalated, with the governor last week signing into law a bill that could strip state courts of their funding.

The measure, at the end of a lengthy bill that allocated money for the judiciary this year, stipulates that if a state court strikes down a 2014 law that removed some powers from the State Supreme Court, the judiciary will lose its funding.

The 2014 law took the authority to appoint chief judges for the district courts away from the Supreme Court and gave it to the district courts themselves. It also deprived the state’s highest court of the right to set district court budgets. Critics said the law was an attempt by Mr. Brownback, a Republican, to stack the district courts with judges who may be more favorable to his policies.

………

But in passing a separate budget bill to keep the third branch of government from shutting down, Republican lawmakers took the opportunity to insert language that would shield the 2014 law.

“I’ve never seen anything like this,” said Matthew Menendez, counsel at the Brennan Center for Justice in New York, which is helping to represent a Kansas judge who is challenging the constitutionality of the 2014 law. “It seems pretty clear that these mechanisms have been an effort by the governor and the Legislature to try and get a court system that is more in line with their philosophy.”

Richard E. Levy, a constitutional law professor at the University of Kansas, likened the measure in the judiciary budget bill to Congress’s passing a law outlawing abortion and then telling the judicial branch that it will lose its funding if it finds the law unconstitutional.

“That kind of threat to the independence of the judiciary strikes me as invalid under the separation of powers principle,” Mr. Levy said in an interview on Friday.

Considering the news coming out of Turkey (more on that later), I find it kind of ironic that Sam Brownback is doing his level best to use Recep Tayyip Erdoğan’s play book, which was just rejected by Turkish voters.

[on edit]

I may not have been completely clear: This bill would Completely Defund the Entire Kanasas State Court System, so basically, aside from traffic court, there would be no courts operating in the state.

What’s Wrong with Charter Schools in One Story

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Every time that someone looks at a charter school’s operation we find repeated instances of corruption, self dealing, and dodgy accounting:

Dennis Mope’s dream of running a network of military-themed charter schools for at-risk students ended quickly and with little warning this month in Jacksonville and Orlando.

Two of Mope’s Acclaim Academy charter schools closed abruptly, displacing hundreds of students just three weeks before the end of the school year.

A third school in Kissimmee was supposed to close in March but Osceola County’s school district took it over last month and will keep it open until the school year ends in June.

Five other of Mope’s planned Acclaim Academies never got off the ground.

Although one received district approval to open in Palm Beach next August, the plan was scrapped. Four other charter school applications in Pinellas, Hillsborough, Volusia and Lee counties were all withdrawn, some before they were rejected by the school districts involved.

In Jacksonville, the fallout was immediate and unexpected.

Parents of 229 students scrambled over three days to find new schools for their children. Some students still had to take final tests or state-mandated exams at new schools.

Duval County School Board members said they are not sure why the school “ran out of money” and had to close, saying the children were hurt most.

“They should be focused on passing their exams; they shouldn’t have to worry about what school they’re going to go to,” said Becki Couch, a School Board member, “all because their charter school [operator] didn’t have its act together.”

Scott Shine, another Duval County School Board member wrote that “The actions of Acclaim are, at minimum, irresponsible and reckless. This could go much deeper,” in an email.

Acclaim’s teachers were shocked to find out that their last paycheck, issued late April or early May, was to be their last. Some teachers, who had arranged for the school to save parts of their paycheck to repay them over the summer, were told not to expect it.

Some Duval School Board members questioned what the school district knew, and when, about Acclaim Academy’s troubles.

“We knew they were beginning the school year under a deficit,” Couch wrote in an email to Duval Superintendent Nikolai Vitti.

“Do you think the Board should have been notified of the declining financial status of the school so we could make the determination how we wanted to proceed so as not to disrupt student academic learning during this pivotal time of the year? I am disturbed that we have been completely blind-sided by this when according to state statute the Charter School is required to provide an annual audit report and monthly financial statements.”

………

Through it all, Acclaim Academy’s founder has yet to answer questions.

Dennis Mope, an Orlando-area businessman, said “no comment” to news crews on the scene of the Orlando school closure, and he did not return phone calls or emails about Duval’s closure.

Public documents, including a Chapter 13 bankruptcy he filed in 2009, reveal some information about him.

………

Of the three Acclaim charter schools that operated in the past two years, the oldest was in Osceola County. Since the school opened in 2012, it had two consecutive F grades on its state report cards, triggering a law that caused the state to begin the process of shutting down the school.

Acclaim’s parent company applied for a waiver of the state law but, when it was denied, it made plans to close the school at the end of March.

………

The school started last fall with 416 students, but that fell to 332 by February. In March enrollment was down to 310 prompting Orange County administrators to request an amended school budget showing how the school could survive with fewer students than expected.

But, upon closer inspection, the district noted other irregularities in the school’s operations and finances:

  • Some teachers listed as heading classes left the school and others have become assistant principals and deans. Too many substitutes were teaching classes.
  • School reading teachers weren’t qualified for the subject, the county said, possibly violating federal Title 1 poverty funding rules.
  • The school did not employ the required instructors to serve its students with disabilities.
  • A student who missed 51 days had changes to her records to make it appear she had attended and had passed classes for that period.


………

There were financial irregularities, too.

In its April letter, Orange County said Acclaim violated state law by borrowing $350,000 when its school was already $151,061 in the hole Feb. 28.

The school also cut a deal to transfer future per-pupil state funding to a charter asset management fund. The deal promised $150,000 in April and May and $222,000 in June, though the school would likely face “severe reductions” in state funding because of enrollment declines and misrepresentations, Orange County said, adding that the deal’s promise to turn over other school assets may violate state law.

Orange County also questioned how Acclaim’s four “corporate” positions, including Mope’s, were being funded, saying it’s improper to use students’ money from the three charter schools for non-education functions.

Those salaries and some loans among the Acclaim schools amounted to commingling funds in a way that may violate state law, the district wrote.

………

That explanation wasn’t good enough for Heyta Diaz, whose two freshman daughters were placed at Ed White High and were told they might have to take a virtual course to catch up.

Diaz said she wants to confront Acclaim’s founder and ask him and the district some questions about why the Duval Acclaim closed.

“This guy opens and closes schools like its a day care,” she said. “This is our future. This is our kids.”

Charter schools are petri dishes for corruption and looting, and they need to be regulated accordingly.

H/t Atrios

Deliberate Destruction of Public Schools in East Ramapo by Orthodox Jewish Community Hits the New York Times

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The NPR program This American Life covered this a few months ago, but it is nice that the concerted effort to destroy and asset strip the public schools in East Ramapo has found its way into an editorial in the New York Times: (Full disclosure, Sharon* graduated from a public high school in the East Ramapo school district)

New York State has a proud tradition of local decision making in public education. However, students in the public schools in East Ramapo, about 30 miles north of Manhattan, in Rockland County, are being denied their state constitutional right to a sound basic education by a board that has grossly mismanaged the district’s finances and educational programs.

When there is overwhelming evidence that a local school board has persistently failed to act in the best interests of its public school students, the state must act. The Legislature will adjourn on June 17, so time is running out.

East Ramapo is a divided community. Of the roughly 32,000 school-age children enrolled in schools in the district, about 24,000 attend private schools, nearly all of them Orthodox Jewish yeshivas. Of the more than 8,000 children in the public schools, 43 percent are African-American and 46 percent are Latino; 83 percent are poor and 27 percent are English-language learners.

The East Ramapo school board, dominated by private-school parents since 2005, has utterly failed them. Faced with a fiscal and educational crisis, the State Education Department last June appointed a former federal prosecutor, Henry M. Greenberg, to investigate the district’s finances.

Mr. Greenberg’s report, released in November, documented the impact of the board’s gross mismanagement and neglect. Since 2009, the board has eliminated hundreds of staff members, including over 100 teachers, dozens of teaching assistants, guidance counselors and social workers, and many key administrators. Full-day kindergarten, and high-school electives have been eliminated or scaled back. Music, athletics, professional development and extracurricular activities were cut.

………

While slashing resources in its public schools, the school board vastly increased public spending on private schools. The cost of transporting children, including gender-segregated busing, rose to $27.3 million in 2013-14 from $22 million in 2009-10, a 24 percent increase. Public spending on private school placement for special education students grew by 33 percent between 2010-11 and 2013-14, and the district placed students in private schools when appropriate spaces were available in public ones.

The report also exposed disturbing practices by board members. The board conducts 60 to 70 percent of its meetings in closed-door executive session. It does not tolerate, and is overtly hostile to, the complaints of public school parents, students and community members. Public protests against the board are now commonplace.

The report proposed the appointment of a state fiscal monitor, who would oversee all of the board’s financial and educational decisions and have the authority to override the board, when necessary, to protect the interests of the public-school community and improve education outcomes for public-school students. The report also recommended additional state funding to restore essential staff and services, but only if a monitor was in place to make certain the money was used effectively and efficiently to benefit all of the students.

A bill in Albany — introduced in the Assembly by Ellen C. Jaffee and Kenneth P. Zebrowski and in the Senate by David Carlucci, who all represent parts of the school district — would implement a fiscal monitor for at least five years. It is a crucial step toward reversing the district’s disastrous decline and repairing the deep rifts in the community. The New York State School Boards Association has found that the measure “respects the democratic electoral process by leaving the elected board of education in place.”

………

In recent weeks, in response to a lobbying campaign by the school board, momentum for the bill appears to have slowed. Advocates for the local school board and some leaders in the Orthodox community have accused supporters of state oversight of having anti-Semitic motives.

Nothing could be further from the truth. The legislation is not about punishing one group because of its religious beliefs; it is about acting to make sure that the civil rights of a community of overwhelmingly low-income minority children are not denied and that their constitutional right to a sound basic education is enforced.

Note that, in response to claims of antisemitism, the ADL has come out in favor of appointing a state monitor.

The context here, particularly when reviewing the This American Life coverage, is that the  East Ramapo school board (יש”ו) is attempting a genteel form of ethnic cleansing directed at the poorest and least powerful amongst them, with the board chairman literally telling non-Jews to leave town.

It is disgusting, and it is against Halacha.†

The members of the school school board are both miserable excuses for human beings, and bad Jews.

As an aside, this also is not, “Good for the Jews.”

Any plans to expand or build a Yeshiva in any other town will likely be viewed with the same enthusiasm as constructing a toxic waste dump next to a town reservoir, and the longer that this goes on, the worse this will get.

One reform that is not mentioned, and should be considered, is to move the dates of the school board elections to the same time as the Congressional elections. (Currently they are held in the spring of odd numbered years).

Higher turnout would mitigate against sh%$ like this.

*Love of my life, light of the cosmos, she who must be obeyed, my wife.
†Jewish religious law.

Live in Obedient Fear, Citizen

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In yet another case of prosecutorial overreach, we have motions by the prosecutors in another of the FBI’s entrapment efforts forbid defense counsel from putting forward their case:

NSA whistleblower Edward Snowden has become such a powerful symbol of government overreach that federal prosecutors in a terror case in Chicago are asking the judge to forbid defense attorneys from even mentioning his name during trial, for fear that it would lead the jury to disregard their evidence.

The upcoming trial is of Adel Daoud, a slow-witted Chicagoland teenager caught in yet another FBI terror sting aimed at someone vulnerable to manipulation. An undercover federal agent provided Daoud with a fake car bomb parked outside a downtown Chicago bar, and then let him push the detonator.

Much of the evidence in the case — involving Daoud’s online explorations into Islam and jihad — was gathered through surveillance conducted using secret warrants issued by the Foreign Intelligence Surveillance Act (FISA) court.

Prosecutors from the U.S. Attorney’s office in Chicago asked Judge Sharon Johnson Coleman on Wednesday to prohibit the defense from mentioning Snowden’s name — along with a number of other things, such as the existence of the National Security Agency, or a speech by Senator Dianne Feinstein in which she cited “a plot to bomb a downtown Chicago bar” as an example of one that was thwarted thanks to FISA authorities.

Their concern: Those topics “are irrelevant and would tend to elicit jury nullification, so the defendant should be barred from inquiring of witnesses, presenting evidence, or arguing to the jury about them.”

A key issue in the case has already been extensively litigated. Judge Coleman in January 2014 ruled that Daoud’s security-cleared lawyers should be allowed to see all the classified materials the government submitted in order to get their FISA warrants.

………

For good measure, the prosecutors also don’t want the defense to claim entrapment, either:

[T]he defendant should be precluded from arguing or suggesting that the undercover technique the government used in the underlying investigation was improper. Any argument attacking the government’s investigative techniques would not only be improper, but it should also trigger an instruction that such investigative techniques are entirely proper.

This is crap.

It is corrosive to concept of a fair trial that has developed in the US, and England before it, over the past thousand years.

Live in Obedient Fear, Citizen

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We now learn that you can go to jail for clearing your browser history, even if you are unaware of any law enforcement investigation:

Khairullozhon Matanov is a 24-year-old former cab driver from Quincy, Massachusetts. The night of the Boston Marathon bombings, he ate dinner with Tamerlan and Dhzokhar Tsarnaev at a kebob restaurant in Somerville. Four days later Matanov saw photographs of his friends listed as suspects in the bombings on the CNN and FBI websites. Later that day he went to the local police. He told them that he knew the Tsarnaev brothers and that they’d had dinner together that week, but he lied about whose idea it was to have dinner, lied about when exactly he had looked at the Tsarnaevs’ photos on the Internet, lied about whether Tamerlan lived with his wife and daughter, and lied about when he and Tamerlan had last prayed together. Matanov likely lied to distance himself from the brothers or to cover up his own jihadist sympathies—or maybe he was just confused.

Then Matanov went home and cleared his Internet browser history.

Matanov continued to live in Quincy for over a year after the bombings. During this time the FBI tracked him with a drone-like surveillance plane that made loops around Quincy, disturbing residents. The feds finally arrested and indicted him in May 2014. They never alleged that Matanov was involved in the bombings or that he knew about them beforehand, but they charged him with four counts of obstruction of justice. There were three counts for making false statements based on the aforementioned lies and—remarkably—one count for destroying “any record, document or tangible object” with intent to obstruct a federal investigation. This last charge was for deleting videos on his computer that may have demonstrated his own terrorist sympathies and for clearing his browser history.

Matanov faced the possibility of decades in prison—twenty years for the records-destruction charge alone.

Federal prosecutors charged Matanov for destroying records under the Sarbanes-Oxley Act, a law enacted by Congress in the wake of the Enron scandal. The law was, in part, intended to prohibit corporations under federal investigation from shredding incriminating documents. But since Sarbanes-Oxley was passed in 2002 federal prosecutors have applied the law to a wider range of activities. A police officer in Colorado who falsified a report to cover up a brutality case was convicted under the act, as was a woman in Illinois who destroyed her boyfriend’s child pornography.

Prosecutors are able to apply the law broadly because they do not have to show that the person deleting evidence knew there was an investigation underway. In other words, a person could theoretically be charged under Sarbanes-Oxley for deleting her dealer’s number from her phone even if she were unaware that the feds were getting a search warrant to find her marijuana. The application of the law to digital data has been particularly far-reaching because this type of information is so easy to delete. Deleting digital data can inadvertently occur in normal computer use, and often does.

How the F%$# are they using Sarbanes f%$#ing Oxley on this?

The practice of overcharging by prosecutors by “innovative” application of the law is a cancer on the justice system.

Yet Another Reason to Not Give to the Red Cross

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In addition to killing off most of the hemophiliacs in the United States because of their unwillingness to test blood for HIV and discard HIV tainted clotting factor, of course.

It turns out that the America Red Cross raised $½ Billion for post earthquake aid to Haiti, and built just 6 homes:

The neighborhood of Campeche sprawls up a steep hillside in Haiti’s capital city, Port-au-Prince. Goats rustle in trash that goes forever uncollected. Children kick a deflated volleyball in a dusty lot below a wall with a hand-painted logo of the American Red Cross.

In late 2011, the Red Cross launched a multimillion-dollar project to transform the desperately poor area, which was hit hard by the earthquake that struck Haiti the year before. The main focus of the project — called LAMIKA, an acronym in Creole for “A Better Life in My Neighborhood” — was building hundreds of permanent homes.

Today, not one home has been built in Campeche. Many residents live in shacks made of rusty sheet metal, without access to drinkable water, electricity or basic sanitation. When it rains, their homes flood and residents bail out mud and water.

The Red Cross received an outpouring of donations after the quake, nearly half a billion dollars.

The group has publicly celebrated its work. But in fact, the Red Cross has repeatedly failed on the ground in Haiti. Confidential memos, emails from worried top officers, and accounts of a dozen frustrated and disappointed insiders show the charity has broken promises, squandered donations, and made dubious claims of success.

The Red Cross says it has provided homes to more than 130,000 people. But the actual number of permanent homes the group has built in all of Haiti: six.

After the earthquake, Red Cross CEO Gail McGovern unveiled ambitious plans to “develop brand-new communities.” None has ever been built.

Aid organizations from around the world have struggled after the earthquake in Haiti, the Western Hemisphere’s poorest country. But ProPublica and NPR’s investigation shows that many of the Red Cross’s failings in Haiti are of its own making. They are also part of a larger pattern in which the organization has botched delivery of aid after disasters such as Superstorm Sandy. [They f%$#ed up Katrina and 911 too, and my father’s recollections of their help during the Anchorage earthquake in 1964 is similar.  He remembers the Salvation Army outperforming them by all metrics] Despite its difficulties, the Red Cross remains the charity of choice for ordinary Americans and corporations alike after natural disasters.

One issue that has hindered the Red Cross’ work in Haiti is an overreliance on foreigners who could not speak French or Creole, current and former employees say.

In a blistering 2011 memo, the then-director of the Haiti program, Judith St. Fort, wrote that the group was failing in Haiti and that senior managers had made “very disturbing” remarks disparaging Haitian employees. St. Fort, who is Haitian American, wrote that the comments included, “he is the only hard working one among them” and “the ones that we have hired are not strong so we probably should not pay close attention to Haitian CVs.”

The Red Cross won’t disclose details of how it has spent the hundreds of millions of dollars donated for Haiti. But our reporting shows that less money reached those in need than the Red Cross has said.

Lacking the expertise to mount its own projects, the Red Cross ended up giving much of the money to other groups to do the work. Those groups took out a piece of every dollar to cover overhead and management. Even on the projects done by others, the Red Cross had its own significant expenses – in one case, adding up to a third of the project’s budget.

The American Red Cross has a long history of over promising, excessive fund raising, and under delivering.

This is not a well run organization in my lifetime.

If you want to give blood, find a local non profit blood bank.

If you want to donate money to the victims of a disaster, find a bit less ponderous and self-aggrandizing organization.

*http://articles.latimes.com/1994-05-29/news/mn-63591_1_blood-banks

Senator Warren Calls Out Wall Street Tool Heading SEC

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Senator Elizabeth Warren took aim at the country’s top Wall Street regulator Tuesday in an unusually personal and blunt letter that complained about delayed reforms and lax enforcement, prompting a full-throated defense from the White House.

 In a 13-page letter to Securities and Exchange Commission chairwoman Mary Jo White, Warren cited a “significant gap” between the promises White made during her Senate confirmation hearings and her subsequent performance leading the independent commission.

 “I am disappointed that you have not been the strong leader that many hoped for — and that you promised to be,” the Massachusetts Democrat wrote. “I hope you will step up to the job for which you have been confirmed.”

 Warren launched her salvo as the fifth anniversary approaches this summer of passage of the landmark Dodd-Frank Wall Street reform law. Backers hoped the 2010 legislation would spell a new era of tougher regulation on financial institutions, but it still has not been fully implemented by the SEC — the reason for some of Warren’s ire.

 White House spokesman Josh Earnest brushed aside Warren’s concerns Tuesday afternoon, expressing confidence in White, who the administration nominated to the position two years ago.

 ………

 Suspicion among liberals about White accelerated last week when she appointed a top Goldman Sachs lawyer to be her chief of staff. The left has long complained that key financial regulatory bodies are stacked with staff that have deep ties to Wall Street firms.

 “Warren has expressed the frustration of many people who had high hopes for chairwoman White,” said Dennis M. Kelleher, the president of Better Markets, a nonprofit that supports market reforms. “It’s bad enough that the rule-making is so far behind. It’s inexcusable that the enforcement has been toothless.”

 Kelleher’s group took heat from the left two years ago for supporting White during her Senate confirmation hearings. He and others believed that her background as a federal prosecutor in New York would outweigh her later position as a partner and cochair of the litigation department at a Manhattan law firm with finance industry clients. At the time, he called her a “tough, smart, no nonsense” prosecutor. Since then, he said, he’s witnessed two “largely unproductive years” at the SEC and he is particularly disappointed that key parts of the Dodd-Frank law have not been implemented.

BTW, it’s not just Elizabeth Warren, it is her fellow SEC members who are complaining rather loudly:

Elizabeth Warren just put SEC Chairman Mary Jo White firmly in her crosshairs. White is a deserving target. After being approved based on the promise that she’d reinvigorate a diminished agency via her chops as a former highly respected Federal prosecutor, White instead had specialized in empty promises, foot dragging and financial services cronyism. While these are sadly too common in senior regulatory circles most incumbents do far better than White in presenting a plausible veneer of serving the public interest. By contrast, White’s performance has been so remiss that a fellow Democratic party commissioner, Kara Stein, has gone into open opposition against her, and is regularly joined by the other Democrat commissioner, Luis Aguilar.

Warren’s letter (hat tip Adrien) comes a mere week after another missive calling out White’s dereliction at duty, when three former SEC commissioners blasted White for failing to to move forward on long-overdue rulemaking to require public companies to disclose their political spending.

I am not at al surprised that White has been avoiding any meaningful restrictions on Wall Street.  She is doing exactly what Barack Obama wants.

That’s why he selected Tim “Eddie Haskell” Geithner as Treasury Secretary when he became President, and why he chose Eric “Place” Holder as Attorney General.

Obama wants no consequences for Wall Street lawbreaking, so Mary Jo White is not going anywhere.

Her letter is after the break:

Pass the Popcorn

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In addition to what seems to be the whole New York State legislature being under federal investigation, they are looking Andrew Cuomo’s sweet heart real estate deals. I am enjoying this immensely:

New York Gov. Andrew Cuomo’s administration is blocking the release of details about transactions between the state and the governor’s top campaign donor. The state’s housing agency says it cannot release the documents because it is “cooperating” with a federal prosecutor’s probe of financial relationships between New York lawmakers and campaign donors in the real estate industry who have business before the state.

In rejecting an open-records request, New York officials disclosed the Cuomo administration’s connection to the probe: The letter denying the request specifically cited an exemption for documents involved in a law enforcement investigation. That is apparently the first time New York state officials have acknowledged Cuomo’s housing agency — as opposed to just state legislators — is involved in the investigation.

In recent months, the federal probe of influence peddling in Albany has resulted in the arrests of the New York legislature’s top Republican, Dean Skelos, and top Democrat, Sheldon Silver — the latter of which was charged with using his office to help his real estate industry donors. The new letter from Cuomo’s housing agency, which was obtained by International Business Times, moves to prevent the release of documents detailing state-supported loans to the real estate firm of Leonard Litwin. He gave more than $1 million to Cuomo’s Democratic gubernatorial campaign and is widely believed to be a central figure in the Silver case.

 I am so hoping that this rat f%$# gets caught up in the US Attorney’s dragnet in Albany.

I Did Not See This Coming

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FIFA President Sepp Blatter has resigned from his position:

Sepp Blatter rocked the world of soccer on Tuesday by unexpectedly saying he would step down as FIFA president in the wake of a corruption investigation that reportedly may include the embattled chief himself.

Citing sources familiar with the case, The New York Times and ABC News reported on Tuesday that Blatter was being investigated by the Federal Bureau of Investigation and U.S. prosecutors. Reuters was not immediately able to confirm the report. Blatter has not been charged with any wrongdoing.

Blatter, 79, announced his decision to step down at a hastily arranged news conference in Zurich, six days after police raided a hotel in the city and arrested several FIFA officials, and four days after he was re-elected to a fifth term as FIFA president.

Blatter said an election to choose a new president would be held as soon as possible, though a FIFA official said it would probably not take place until at least December.

I have to figure that this is part of some sort of deal with either Swiss or US prosecutors.

My guess would be on the Swiss, because he must be desperate for a deal which prevents his extradition to the United States.

Are We the Baddies?

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Mitchell and Webb, Are We the Baddies?

We now have some more details on our torture program, this time from a cooperating witness Majid Khan, and it is even worse than has previously been revealed:

The U.S. Central Intelligence Agency used a wider array of sexual abuse and other forms of torture than was disclosed in a Senate report last year, according to a Guantanamo Bay detainee turned government cooperating witness.

Majid Khan said interrogators poured ice water on his genitals, twice videotaped him naked and repeatedly touched his “private parts” – none of which was described in the Senate report. Interrogators, some of whom smelled of alcohol, also threatened to beat him with a hammer, baseball bats, sticks and leather belts, Khan said.

Khan’s is the first publicly released account from a high-value al Qaeda detainee who experienced the “enhanced interrogation techniques” of President George W. Bush’s administration after the Sept. 11, 2001, attacks on the U.S.

Khan’s account is contained in 27 pages of interview notes his lawyers compiled over the past seven years. The U.S. government cleared the notes for release last month through a formal review process.

………

The 35-year-old Khan, a Pakistani citizen who attended high school in Maryland, is awaiting sentencing after pleading guilty in 2012 to conspiracy, material support, murder and spying charges. In exchange for serving as a government witness, Khan will be sentenced to up to 19 years in prison, with the term beginning on the date of his guilty plea.

Khan confessed to delivering $50,000 to al Qaeda operatives in Indonesia. That money was later used to carry out the 2003 truck bombing of a Marriott hotel in Jakarta that killed 11 people and wounded at least 80 others. Khan also confessed to plotting with 9/11 mastermind Khalid Sheikh Mohammed to poison water supplies, blow up gas stations and serve as a “sleeper agent” for al Qaeda in the United States.

Khan was captured in Pakistan and held at an unidentified CIA “black site” from 2003 to 2006, according to the Senate report. Khan’s lawyers declined to comment on where he was captured or held, which they said remained classified.

………

n the interviews with his lawyers, Khan described a carnival-like atmosphere of abuse when he arrived at the CIA detention facility.

“I wished they had killed me,” Khan told his lawyers. He said that he experienced excruciating pain when hung naked from poles and that guards repeatedly held his head under ice water.

” ‘Son, we are going to take care of you,’ ” Khan said his interrogators told him. ” ‘We are going to send you to a place you cannot imagine.’ “

Current and former CIA officials declined to comment on Khan’s account.

Khan’s description of his experience matches some of the most disturbing findings of the U.S. Senate report, the product of a five-year review by Democratic staffers of 6.3 million internal CIA documents. CIA officials and many Republicans dismissed the report’s findings as exaggerated.

Years before the report was released, Khan complained to his lawyers that he had been subjected to forced rectal feedings. Senate investigators found internal CIA documents confirming that Khan had received involuntary rectal feeding and rectal hydration. In an incident widely reported in news media after the release of the Senate investigation, CIA cables showed that “Khan’s ‘lunch tray,’ consisting of hummus, pasta with sauce, nuts, and raisins, was ‘pureed’ and rectally infused.”

The CIA maintains that rectal feedings were necessary after Khan went on a hunger strike and pulled out a feeding tube that had been inserted through his nose. Senate investigators said Khan was cooperative and did not remove the feeding tube.

Most medical experts say rectal feeding is of no therapeutic value. His lawyers call it rape.

………

Khan’s account also includes previously undisclosed forms of alleged CIA abuse, according to experts. Khan said his feet and lower legs were placed in tall boot-like metal cuffs that dug into his flesh and immobilized his legs. He said he felt that his legs would break if he fell forward while restrained by the cuffs.

Khan is not one of the three people whom current and former CIA officials say interrogators were authorized to “waterboard,” whereby water is poured over a cloth covering a detainee’s face to create the sensation of drowning. Nor is he the fourth detainee whose waterboarding was documented by Human Rights Watch in 2012.

His descriptions, however, match those of other detainees who have alleged that they were subjected to unauthorized interrogation techniques using water. Human-rights groups say the use of ice water in dousing and forced submersions is torture.

Because Barack Obama has decided to cover up look forward, none of the sadists who did this will face any consequences for their actions.

All this activities that elicited no meaningful intelligence, so the only benefit can be seen to be giving Dick Cheney a hard on.

What’s more you can be sure that some of these monsters will come home and go to work as cops, where they will apply what they have learned to the rest of us.

We are the baddies.

H/t Digby.

I’m Shocked! Shocked! To Find That Gambling Is Going on This Establishment!

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Scott Walker is under investigation for possible illegal coordination between his campaign, and so-called “independent” campaign groups.

Well, the prosecutor who is investigating the matter, it is called a “John Doe” proceeding under Wisconsin law, but this is being challenged in court.

The Wisconsin Supreme Court is to here this challenge, but it now appears that some of the judges in question appear to be involved in the scheme:

Wisconsin Governor Scott Walker is facing an investigation into whether his 2012 recall campaign illegally coordinated with nonprofit groups that spent money to support him. Campaign finance laws prohibit “coordination” because they would allow candidates to run shadow campaigns outside of campaign finance law. The Center for Media & Democracy’s PRWatch said, “Prosecutors gathered evidence of Walker secretly raising millions of dollars for the supposedly ‘independent’ nonprofit Wisconsin Club for Growth (WiCFG), with the express purpose of bypassing campaign finance disclosure laws.” The secret donations were revealed to include money from a mining company that received permission to open a mine soon after Walker won reelection.

The investigation is at a preliminary stage, called a John Doe proceeding under Wisconsin law, which determines whether charges are filed. PRWatch said that “Walker and his allies have fought the probe not by denying coordination, but by claiming the rules don’t apply to so-called ‘issue ads’ that stop short of expressly telling viewers how to vote.” The Wisconsin Supreme Court is considering one of the many lawsuits filed to stop the investigation.

In a newly released court filing, the prosecutor in the case raised the question of whether one or two of the justices hearing the case are implicated in the same kind of scheme. Two groups suspected of coordinating with Walker’s campaign have also spent $10 million to elect the four-justice conservative majority. The prosecutor’s heavily redacted brief also suggests that two justices, or, at least, their campaigns, may have committed the same offense that is at the heart of the Walker investigation—coordinating with dark money groups to get reelected.

Special prosecutor Francis Schmitz—a Republican who voted for Walker in 2012—noted that the groups “had significant involvement in the election of particular justices,” though the document redacts the names of the justices and the groups. (The suspects in a grand jury or John Doe proceeding remain anonymous, unless and until charges are filed.) While the justices are not named, the brief refers to the justices benefiting from money spent by John Doe groups to support the reelection of the justices, and the groups have spent money to support the election of all four members of the court’s conservative majority.

Schmitz’s brief also referred to a “history of control, collaboration and coordination” between the groups and “political campaign committees that may potentially include judicial candidates.” The brief describes persons who worked for both a supreme court campaign and the John Doe groups. A redacted portion quotes an email that seems to provide evidence that a group was “actively involved” in a justice’s reelection campaign. Other redacted portions seem to describe contacts and “close connections” between the justice’s campaign and John Doe groups, before concluding:

Justice David Prosser was up for reelection in 2011, when Walker faced a recall election. At the time, the Wisconsin Supreme Court was hearing a legal challenge to Walker’s controversial law restricting collective bargaining rights. Both sides in the debate—unions and big business—spent big in the supreme court election. Two of the John Doe groups spent around $2.5 million to reelect Justice Prosser—much more than the justice’s own campaign.

Anyone wanna take money on whether David Prosser, who has been alleged to have physically assaulted a fellow justice in the court offices, is going to recuse himself?

I’ll take 5:1 odds that he won’t recuse himself.

It’s More than Just the Baltimore Police That Are Dusfunctional

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It appears that a the Baltimore jails are systematically denying appropriate healthcare to its inmates:

Weeks after Baltimore announced plans to construct a new, $30 million youth jail, a motion filed by the ACLU, Public Justice Center, and Law Offices of Elizabeth Alexander claims detainees are routinely denied life-saving medications, due to systemic failures in the Baltimore City Detention Center (BCDC). In addition to gross medical neglect, the motion alleges that inmates are also housed in moldy, vermin-infested units that exacerbate existing health problems.

The organizations behind the motion conducted a comprehensive review of 13 death cases and 24 randomly-selected medical records from 2013 to 2015, concluding that inmates with chronic diseases had their medications interrupted. For instance, an HIV-positive detainee alleges his antiretrovirals were taken away upon entry, but nurse notes indicate that some of his medication wasn’t available, which is why he didn’t receive it for five days. BCDC allegedly failed to give another inmate with a significantly low white blood cell count his prescribed retrovirals until shortly before his death. The review says hypertensive cardiovascular disease claimed the life of another detainee who was prescribed medication for his blood pressure and heart but was never given the proper drugs. Due in part to a failure to complete ordered laboratory tests, another person allegedly died of because of blood in the sac close to her heart. And people with diabetes allegedly did not receive prescribed insulin for extended periods of time, and had their dietary restrictions ignored.

The motion also claims that inmates with physical disabilities are denied proper medical attention. On multiple occasions, BCDC allegedly failed to give an inmate with urinary problems clean catheters, and the one bathroom he can access is flooded. The motion also mentions a detainee relegated to a defective wheelchair who had back pain for five months, but wasn’t given his muscle relaxant. Additionally, the motion claimed an amputee with severe pain hasn’t had a thorough exam to evaluate his pain or prescribe the most effective medication.

I understand that locking people up is expensive, but if you are  going to lock people up, you have to provide at least minimally competent medical care.

After 30 Years and Billions of Dollars the Missile Defense Contractors Still Cannot Solder a Wire Correctly

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Notwithstanding the myriad tough technical problems that are involved, one would think that the Missile Defense Agency would at least be able to make the manufacturers make the interceptors to spec:

Two serious technical flaws have been identified in the ground-launched anti-missile interceptors that the United States would rely on to defend against a nuclear attack by North Korea.

Pentagon officials were informed of the problems as recently as last summer but decided to postpone corrective action. They told federal auditors that acting immediately to fix the defects would interfere with the production of new interceptors and slow a planned expansion of the nation’s homeland missile defense system, according to a new report by the Government Accountability Office.

As a result, all 33 interceptors now deployed at Vandenberg Air Force Base in Santa Barbara County and Ft. Greely, Alaska, have one of the defects. Ten of those interceptors — plus eight being prepared for delivery this year — have both.

Summing up the effect on missile-defense readiness, the GAO report said that “the fielded interceptors are susceptible to experiencing … failure modes,” resulting in “an interceptor fleet that may not work as intended.”

………

One of the newly disclosed shortcomings centers on wiring harnesses embedded within the kill vehicles’ dense labyrinth of electronics.

A supplier used an unsuitable soldering material to assemble harnesses in at least 10 interceptors deployed in 2009 and 2010 and still part of the fleet.

The same material was used in the eight interceptors that will be placed in silos this year, according to GAO analyst Cristina Chaplain, lead author of the report.

The soldering material is vulnerable to corrosion in the interceptors’ underground silos, some of which have had damp conditions and mold. Corrosion “could have far-reaching effects” because the “defective wiring harnesses” supply power and data to the kill vehicle’s on-board guidance system, said the GAO report, which is dated May 6.

………

Chaplain told The Times that based on her staff’s discussions with the Missile Defense Agency, officials there have “no timeline” for repairing the wiring harnesses.

The agency encountered a similar problem with wiring harnesses years earlier, and the supplier was instructed not to use the deficient soldering material. But “the corrective actions were not passed along to other suppliers,” according to the GAO report.

L. David Montague, co-chairman of a National Academy of Sciences panel that reviewed operations of the Missile Defense Agency, said officials should promptly set a schedule for fixing the harnesses.

“The older they are with that kind of a flawed soldering, the more likely they are to fail,” Montague, a former president of missile systems for Lockheed Corp., said in an interview.

The second newly disclosed defect involves a component called a divert thruster, a small motor intended to help maneuver the kill vehicles in flight. Each kill vehicle has four of them.

The GAO report refers to “performance issues” with the thrusters. It offers few details, and GAO auditors declined to elaborate, citing a fear of revealing classified information. They did say that the problem is different from an earlier concern that the thruster’s heavy vibrations could throw off the kill vehicle’s guidance system.

The report and interviews with defense specialists make clear that problems with the divert thruster have bedeviled the interceptor fleet for years. To address deficiencies in the original version, Pentagon contractors created a redesigned “alternate divert thruster.”

The government planned to install the new version in many of the currently deployed interceptors over the next few years and to retrofit newly manufactured interceptors, according to the GAO report and interviews with its authors.

That plan was scrapped after the alternate thruster, in November 2013, failed a crucial ground test to determine whether it could withstand the stresses of flight, the report said. To stay on track for expanding the fleet, senior Pentagon officials decided to keep building interceptors with the original, deficient thruster.

What sort of moron structures a multi-billion dollar multi-year defense system in such a way that there is absolutely no quality control?

To accelerate deployment, then-Defense Secretary Donald H. Rumsfeld exempted the missile agency from the Pentagon’s standard procurement rules and testing standards.

(emphasis mine)

OK, that kind of moron.

Why the hell is the MDA still operating this way? 

Rumsfeld has been “spending more time with his family” for about 9 years, so one would think that the pentagon would be able to correct at least one of his f%$#-ups in the interim.

H/T the hairiest Saroff, aka Bear who Swims.
    o o
    (_)____o
~~~~(_____)~~~~
      oo oo

This Is Not The ……… OK ……… It IS Kind of The Onion

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Just when you thought that the FIFA scandal could get any more surreal, or more pathetic, one of the FIFI officials accused of bribery and money laundering has cited an article from The Onion to defend himself from the charges:

Jack Warner, a former vice president of FIFA, was arrested last week in connection with a sweeping United States Justice Department investigation that slapped 14 bigwigs with charges of racketeering, wire fraud and money laundering.

Warner, apparently unfamiliar with The Onion, defended himself against these charges Sunday by holding up an article from the news satire website — “FIFA Frantically Announces 2015 Summer World Cup in the United States” — stating that “all this has stemmed from the failed U.S. bid to host the World Cup.”

“If I was so bad, if FIFA is so bad…why is it the USA wants to keep the FIFA World Cup?…Something has to be wrong,” Warner says.

This is f%$#ed up and sh%$.

It’s also funny as hell, but it’s f%$#ed up and sh%$.

Not The Onion

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Andrew “Buddy” Donohue has been appointed Chief of Staff for the Security and Exchange Commission (SEC).

Before his appointment, Mr. Donohue was a lawyer for Goldman Sachs:

The Securities and Exchange Commission confirmed Thursday that it hired a managing director of Wall Street titan Goldman Sachs Inc. to serve as chief of staff, prompting critics to decry a revolving door that links the corridors of finance and power.

Chairman Mary Jo White has hired Andrew “Buddy” Donohue, the SEC said in a news release, tapping the influential Wall Streeter to become chief of staff of the agency in charge of protecting investors. He’ll serve as a senior adviser to White on policy, management, and regulatory issues.

Most recently, Donohue worked as a managing director and associate general counsel at Goldman Sachs. Previously, he led the SEC’s Investment Management Division between May 2006 and November 2010, spanning two administrations and the worst financial crisis since the Great Depression.

“I am thrilled that Buddy will be returning to the SEC to provide his extensive knowledge and expertise to the agency,” said SEC chief White said in a statement. “Buddy is a seasoned professional whose previous SEC and private sector experience will be invaluable in advancing all aspects of the agency’s mission.”

White said Donohue’s background will be “especially useful” as the commission advances new rules for risk management and weighs a uniform fiduciary standard for the investment community.

Yeah, sure.

It is, “Especially Useful,”  for the, “Managing director and associate general counsel at Goldman Sachs,” to work on rules for risk management and a fiduciary standard for brokers.

FWIW, holding brokers to a fiduciary standard, which requires them to act in the best interest of their client, is something that the financial industry has been fighting tooth and nail, and the man from Goldman Sachs is Chief of Staff for the organization which is drawing up the regulations for this.

Reform, my flabby white ass.

The TPP Just got a lot worse

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It turns out that the Investor-State Dispute Settlement (ISDS) kangaroo courts are not the worst part of the TPP.

It turns out that it is set up as what the US Trade Representative calls a, “Living agreement: to enable the updating of the agreement as appropriate to address trade issues that emerge in the future as well as new issues that arise with the expansion of the agreement to include new countries.”

What this means is that the agreement can be changed by the vote of a a foreign bureaucracy with no requirement for Congressional advice and consent.

When one looks at the, where the “Judges” work for the benefit large multinational firms, do their adjudication, and then go back to work for the benefit large multinational firms, one can only imagine the skulduggery that can be done with this.

This is Nearly Unprecedented

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(Retitled on 7/1/2016 because some moron at Google™ Adsense™ flagged it as sexually explicit because of the title)

In response to prosecutorial misconduct, a California judge has dismissed the whole Orange County DA’s Office from a case:

Prosecutorial and police misconduct are often dismissed as just a few bad apples doing a few bad apple-ish things. But what happens when it’s entrenched and systemic and goes unchecked for years? That looks to be the case in Orange County, California, where the situation got so completely out of hand this spring that Superior Court Judge Thomas Goethals issued an order disqualifying the entire Orange County District Attorney’s Office (that’s all 250 prosecutors) from continuing to prosecute a major death penalty case.

 After literally years of alleged misconduct involving jailhouse informants, as well as prosecutors’ repeated failures to turn over exculpatory material, Judge Goethals determined in March that the office can simply no longer work on the case of mass murderer Scott Dekraai, who pleaded guilty last year to killing his ex-wife and seven others at a beauty salon in 2011.

Revelations of misconduct in the Dekraai case have raised questions about patterns of obstruction and deception that have unraveled various other murder cases in the county, which has a population larger than that of 20 different states. Other cases involving informants who were eliciting illegal confessions have emerged, entire cases have collapsed, and more may follow. The story goes way back to the 1980s, as R. Scott Moxley explains at length in the OC Weekly, to a prosecutorial scandal that ended in the execution of one defendant and a lengthy sentence for his alleged co-conspirator. Their convictions were based on the testimony of various jailhouse informants even though they told conflicting stories. That scandal rocked the area then, and this new one shows eerie parallels.

………

 One issue in the Dekraai case is whether deputies deliberately placed him near a prized informant to elicit illegal confessions. While preparing for the penalty phase of the trial, Santa Ana assistant public defender Scott Sanders, who is defending Dekraai, discovered that a jailhouse informant who had produced damning evidence about his client had done the same thing in another case Sanders was handling. After further investigation, Sanders claimed that a branch of the Orange County Sheriff’s Department called “special handling” would deliberately place jailhouse snitches in cells next to high-value inmates awaiting trials, with instructions to collect confessions, a practice that is unconstitutional.

 Together with his law clerks, Sanders spent a year unearthing and then reconstructing a tranche of 60,000 pages of records indicating that the county sheriff’s office routinely used and coordinated with those informants to get around the constitutional prohibition on eliciting incriminating statements from defendants who had lawyered up and should not have been interrogated. The sheriff’s department has admitted that mistakes were made. The DA’s office claims there was nothing coordinated or systemic going on. But Judge Goethals disagreed, finding that the new revelations called into question the integrity of the entire Orange County District Attorney’s office.

Initially, Judge Goethals had ruled that the DA’s office was negligent in failing to turn exculpatory information over, finding that “the district attorney’s well-documented failures in this case, although disappointing, even disheartening to any interested member of this community, were negligent rather than malicious.” But that seems to have changed following further revelations of refusal to turn over evidence.

In an explosive moment following a hearing last year, Sanders revealed that the Orange County Sheriff’s Department has maintained a massive, secret, 25-year-old computerized record-keeping system called TRED. These TRED documents were full of potentially exculpatory data, but the agency officials had systematically refused to turn any of them over, or even acknowledge their very existence, to defense counsel.

In his March order, Goethals wrote: “It is now apparent that the discovery situation in this case is far worse than the court previously realized. In fact, a wealth of potentially relevant discovery material—an entire computerized data base built and maintained by the Orange County Sheriff over the course of many years which is a repository for information related directly to the very issues that this court was examining as a result of the defendant’s motion—remained secret, despite numerous specific discovery orders issued by this court, until long after the initial evidentiary hearing in this case was concluded and rulings were made.”

………
 What’s wrong with using jailhouse informants? It depends on how they are used. Testimony from snitches is certainly legal—even if the informant gets rewarded with a reduced sentence or material benefits or even cold, hard cash. But evidently the Orange County informants were deliberately moved to be closer to high value targets, they taped their conversations, and the records of much of this conduct were then hidden. As Dean Erwin Chemerinsky explains, the Constitution limits the use of jailhouse informants to situations in which statements are made voluntarily to cellmates, not orchestrated and recorded by jailhouse officials, all of which makes the interaction too much like an interrogation. The 1964 Supreme Court case Massiah v. United States bars the government from eliciting incriminating statements from a defendant after the right to counsel has kicked in. In Dekraai’s case the issue was how jailhouse informant Fernando Perez found his way into a cell next to Dekraai, befriended him, and then reported hearing him “bragging” about the Seal Beach murders.


The answer to that question is troubling. According to a 505-page motion filed by Sanders, Dekraai was somehow placed next to a guy known as “Inmate F,” (Perez) who then buddied up to Dekraai, heard all he had to say and then—to hear prosecutors tell it—came forward out of the goodness of his heart. As Sanders explained:

It appeared that the prosecution had been the recipient of extraordinarily good luck. The inmate housed closest to Dekraai was a good listener, a great note taker, and someone so selfless that he wanted to assist the OCDA [Orange County district attorney] and local law enforcement without wishing for anything in return. OCDA Investigator Erickson’s subsequently written report confirmed this picture of Inmate F. The prosecution promised nothing in return for his assistance, which was perfect for Inmate F. because he wanted nothing.

The problem for the Orange County District Attorney’s Office arose after Sanders started digging into details about Inmate F and happened upon, just for starters, a note in his file stating: “WAS TERMINATED AS A C.I. [confidential informant]—DO NOT USE AS A C.I.” as well as his colorful history of three-strikes convictions and conspiracies to murder fellow inmates.

Last August, Judge Goethals ruled that prosecutors couldn’t use the Perez statements during the penalty phase of the trial, but he also found that there was no evidence of a conspiracy, just that mistakes were made. But after Sanders found the TRED records, it became clear that sheriff’s officials—not a nurse, as they had sworn, under oath—had put Perez next to Dekraai’s cell, and that the violations were likely deliberate and coordinated.
………

The problem with the system set up in Orange County, according to Sanders, was that jailhouse informants were asked to collect incriminating statements and then share them with prosecutors in exchange for reduced charges or other favors. Last November, the Orange County Register reported that two prolific informants with extensive criminal records had received more than $150,000 from law enforcement agencies for obtaining information from jailed suspects awaiting trials.

………

The Dekraai case became a turning point in Orange County when Judge Goethals got mad. He found that two deputies, Ben Garcia and Seth Tunstall, who belonged to the “special handling” unit dealing with informants, testified falsely to the court, denying the very existence of the TRED records at a crucial hearing last year. He also found that a prosecutor, Eric Petersen, had testified falsely.

………
 In the end it took a crusading public defender and a judge finally willing to believe him to smoke out the wrongdoing. In tossing the entire DA’s office off the Dekraai case, Judge Goethals wrote that “certain aspects of the district attorney’s performance in this case might be described as a comedy of errors but for the fact that it has been so sadly deficient. … There is nothing funny about that.” The disqualification of an entire prosecutor’s office rarely, if ever, occurs. But Judge Goethals finally concluded that in hiding exculpatory evidence, and then covering up the whole mess, the “District Attorney has a conflict of interest in this case, which has actually deprived this defendant of due process in the past.”

 ………

The constitutional protections built into our criminal justice system are not perfect. But the events of the past year in Orange County reveal that the alternative—a nihilistic sense that we can do whatever we must to nail the criminals—is far more dangerous. Especially if we let the most dangerous criminals walk in exchange for snitching in trivial cases. Yet more dangerous still is our tendency to turn a blind eye on the practices that are now coming to light in Orange County. They happen in secret because not enough people want to know about them. And they will continue to happen because so many people keep trying so hard not to care.

The law here is pretty clear:  Once a defendant has lawyered up, neither the police nor the prosecutors may talk to him without his counsel.

This applies to any person acting as an agent of the police or prosecutors, and it is clear that the police, prisons, and prosecutors deliberately used their jailhouse snitches as agents, and then concealed this though obstruction of justice and perjury.

I fear that these practices are far more common that we are led to believe.

I Guess Obama Wants to Ensure That There Is Someone Worse with a Nobel

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We now have evidence that the US State Department is pressuring the Nobel Prize committee to nominate Ukrainian President Petro Poroshenko for the Peace Prize:

A leaked letter dated May 19th and sent by the Chairman of Ukraine’s parliament, Vladimir Groysman, to the chargé d’affaires of the U.S. Embassy in Oslo Norway, thanks her for “the efforts you have made to have Petro Oleksiyovych Poroshenko nominated for a Nobel Peace Prize,” but continues: “Still we consider your assurances of support by the two members of the Nobel Committee as insufficient,” because there are five members of the Committee, and the support of 3 of them is necessary.

Thus, “We expect further efforts aimed at shifting the position of Berit Reiss-Andersen, Inger-Marie Ytterhorn and especially that of the Chair of the Nobel Committee Kaci Kullman Five. Regarding the latter, we recommend that you take advantage of the information you are going to receive from Germany. Your colleagues in Berlin have assured us that the dossier will soon be delivered to the U.S. Embassy in Oslo. It is of utmost importance for Mr. Poroshenko to have firm guarantees that he will be awarded the 2015 Nobel Peace Prize, since it could highlight the unanimous support of Ukrainian integrity by the democratic community of the world. Assistant Secretary of State Viktoria Nuland has highly estimated your job during her visit to Kyiv.”

Once again, like a bad penny, every time there is a harebrained neocon scheme at State, Victoria Nuland is at the heart of the skulduggery.

The three mentioned Nobel Peace Prize Committee members are a politcally varied group. Ms. Reiss-Andersen is from the social democratic or “Labour” party; Ms. Ytterhorn is from the libertarian or “Progress” party; and Ms. Five is from the Conservative Party. The two unidentified members are Thorbjørn Jagland from the Labour Party, and Henrik Syse from the Conservative Party. If this letter is correct, those are the two who are referred to by the letter’s phrase, “your assurances of support by the two members.”

 The letter also makes a vague reference to the poor reputation that the Committee has engendered on account of the Committee’s having granted the Prize to Barack Obama in 2009 (a decision that the Committee’s Chairperson, Ms. Five, concurred with and has been criticized for): “We understand the difficulties you face when promoting the candidacy of the President of Ukraine, therefore we ask you to exert additional leverages by engaging those U.S. Senators who effectively cooperated with the Committee in 2009.” Presumably, this means that whomever “those U.S. Senators” were, the Chairman of Ukraine’s parliament thinks that they were “effective.”

 President Poroshenko entered office on 25 May 2014 after a U.S.-sponsored coup in Kiev that installed Arseniy Yatsenyuk as Ukraine’s Prime Minister on 26 February 2014, after the U.S. Assistant Secretary of State for European and Asian Affairs, Victoria Nuland, had instructed the U.S. Ambassador in Kiev on 4 February 2014 to get “Yats” appointed as the junta’s leader; she issued that instruction to him by phone on February 4th and the coup occurred on February 22nd; Yatsenyuk was then appointed on February 26th, and he remains in power today. One pro-Russian part of Ukraine, Crimea, then seceded and joined Russia, and another, Donbass, seceded and was not accepted by Russia; it thus was bombed by the Ukrainian Government during May through December 2014, since Donbass’s repeated requests to be allowed to join Russia were spurned by Vladimir Putin. (Yet, Ukraine accuses Russia of providing the fighters who are actually the men of Donbass, who refuse to be ruled by the U.S.-coup regime. Russia sends them guns, and volunteers have come from Russia and many other countries to help the Donbass defenders.) German intelligence estimates that “up to 50,000” people were killed in that bombing campaign, but U.S. and other official estimates are only around 5,000.

 Even before Poroshenko took office, the new Ukrainian government of “Yats” Yatsenyuk invaded Donbass, using bombers, tanks, rocket-launchers, and everything it had; and, when Poroshenko gave his victory speech in the ceremonial Presidential election on May 25th, he promised, and it was very clear from him, that: “The anti-terrorist operation [he called the residents there ’terrorists’] cannot and should not last two or three months. It should and will last hours.” (Another translation of it was “Antiterrorist operation can not and will not continue for 2-3 months. It must and will last hours.”) But it did last months — Poroshenko’s prediction was certainly false; and, moreover, he lost first one round of the war, and then another — his prediction of its outcome was likewise false. And recently, he said that the war must be resumed for yet a third round, in order that Ukraine win back both Crimea and Donbass. However, U.S. Secretary of State John Kerry warned him on May 12th that he must not do that, and that if he did he’d be violating the Minsk II ceasefire accords which had been arranged by France’s Francois Hollande and Germany’s Angela Merkel. Then, three days later, his Assistant Secretary Victoria Nuland, who had arranged the February 2014 coup, told both Yatsenyuk and Poroshenko to ignore what Kerry had just said, and that, “We continue to stand shoulder to shoulder with the people of Ukraine and reiterate our deep commitment to a single Ukrainian nation, including Crimea, and all the other regions of Ukraine.”

(emphasis mine)

The important thing is not that this is absurd, nor is it why Victoria Nuland has a job at the State Department and a security clearance.

The important thing here is that this is a graphic example of just how f%$#ed up and failed our policy in the Ukraine has proved to be.

We went for a color revolution by funding and supporting Ukrainian Fascists (not hyperbole, the Pravyi Sektor party and its associated paramilitaries are Fascists who idolize Nazi collaborators) for no particular reason, and Russia reacted to what it saw as an existential threat, because it was an existential threat, and we have slavering war mongers in Kiev, and a civil war in which the Russian aligned rebels are winning.

Heck of a job, Brownie Victoria Nuland.

Quote of the Day

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The markets want money for cocaine and prostitutes. I am deadly serious.

Most people don’t realize that “the markets” are in reality 22-27 year old business school graduates, furiously concocting chaotic trading strategies on excel sheets and reporting to bosses perhaps 5 years senior to them. In addition, they generally possess the mentality and probably intelligence of junior cycle secondary school students. Without knowladge of these basic facts, nothing about the markets makes any sense—and with knowladge, everything does.

—ObsessiveMathsFreak in the comments section of a post on the blog The Irish Economy

H/t Paul Krugman