Category: Justice

More Like George W. Bush Every Day

No Comments

Barack Obama ignored the formal opinions of senior professional legal staff in the Department of Justice on the Libya campaign:

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

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

But Mr. Obama decided instead to adopt the legal analysis of several other senior members of his legal team — including the White House counsel, Robert Bauer, and the State Department legal adviser, Harold H. Koh — who argued that the United States military’s activities fell short of “hostilities.” Under that view, Mr. Obama needed no permission from Congress to continue the mission unchanged.

Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the office’s interpretation of the law is legally binding on the executive branch.

If there is a defining legacy of the Obama administration, it may be in the formalization of the Nixonian principle that if the President does it, regardless of the settled law, it’s legal.

Perhaps it’s time to dispense with our unique form of government, and move to a parliamentary one, because if there are no constraints on the executive beyond elections, then the political system must be able to force elections at times like this.

Normally, I Find This to Be a Typically Meaningless Gesture…

No Comments

But Dennis Kucinich and the other house members who are suing Barack Obama for violating the War Powers Act in Libya are doing the right thing:

Ten House members led by Rep. Dennis Kucinich (D-Ohio) are filing a complaint in federal court against President Obama for taking military action in Libya without first seeking congressional approval.

Kucinich and Reps. Walter Jones (R-N.C.), Howard Coble (R-N.C.), John Duncan (R-Tenn.), Roscoe Bartlett (R-Md.), John Conyers (D-Mich.) Ron Paul (R-Texas), Michael Capuano (D-Mass.), Tim Johnson (R-Ill.) and Dan Burton (R-Ind.) filed the complaint Wednesday at the U.S. District Court for the District of Columbia.

“With regard to the war in Libya, we believe that the law was violated,” Kucinich said in a statement. “We have asked the courts to move to protect the American people from the results of these illegal policies.”

The House members argue that the Obama administration overstepped its constitutional authority by authorizing the use of U.S. military force abroad without first receiving approval from Congress. U.S. forces have been involved in the campaign against Libyan leader Moammar Gaddafi for 88 days.

Critics argue that Obama violated the 1973 War Powers Resolution by failing to seek congressional approval for the mission.

It would be interesting to see how the Supreme Court might handle this.

I’ve always felt that the requirement for Senate to declare war implies that there should be a legislative requirement for the approval of war, but these days, no one seems to take this particularly seriously.

I would note that Libya appears to be a particularly cut and dried case though, there is no security threat to the US, and the primary reason that we are involved seems to be that the US Military didn’t want to be left out of the party started by French and British neo-Colonial political calculus.

Crap

No Comments

On a party line vote, the Wisconsin Supreme Court has reinstated Scott Walker’s union busting law:

The Wisconsin Supreme Court, just hours before a deadline imposed by state legislative Republicans, just reinstated the anti-union law which a district court judge had blocked because it violated state open meetings requirements. They made the novel interpretation that those requirements don’t apply to the legislature.

The court found a committee of lawmakers was not subject to the state’s open meetings law, and so did not violate that law when they hastily approved the measure and made it possible for the Senate to take it up. In doing so, the Supreme Court overruled a Dane County judge who had struck down the legislation, ending one challenge to the law even as new challenges are likely to emerge.

The majority opinion was by Justices Michael Gableman, David Prosser, Patience Roggensack and Annette Ziegler. The other three justices – Chief Justice Shirley Abrahamson and Justices Ann Walsh Bradley and N. Patrick Crooks – concurred in part and dissented in part.

Not that I have to tell you this, but the four who signed the majority opinion were all nominated by Republicans, while the three who dissented were all nominated by Democrats.

I now expect the court to find a way to stop the recall elections.

IOKIYAR*

No Comments

So John Edwards has been indicted for potential misuse of campaign funds to hide his affair, but the Department of Justice, despite the the fact that the normally weaselly Senate Ethics Committee was seriously considering expulsion, and referred their files to the DoJ for a criminal investigation, appears to be doing nothing:

“There is no question that I have done wrong,” John Edwards said Friday in front of the North Carolina courtroom where he pleaded not guilty to six counts of violating federal campaign laws. “I take full responsibility for having done wrong.”

But, Edwards said, he did not violate federal law.

“I will regret for the rest of my life the pain and the harm that I have done,” the former Democratic presidential candidate said, “but I did not break the law and I never, ever thought I was breaking the law.

Compare that to the web of conspiracy and money laundering that Senators Ensign and Coburn engaged in, and one begins to wonder why the DoJ is so hands off on that.

My only answer is that Reagan, Bush, and Bush spend an awful lot of time politicizing the Justice Department, and we are now harvesting the fruits of this.

*It’s OK If You Are A Republican.

Vampire Squid Subpoenaed

No Comments

It sounds like a big deal:

Goldman Sachs Group Inc. (GS), the fifth- biggest U.S. bank by assets, was subpoenaed by the Manhattan District Attorney’s office for information on the firm’s activities leading into the credit crisis, two people familiar with the matter said.

The subpoena relates to the U.S. Senate’s Permanent Subcommittee on Investigations report on Wall Street’s role in the collapse of the financial markets, which accused New York- based Goldman Sachs of misleading buyers of mortgage-linked investments, the people said, speaking on condition of anonymity because the inquiry isn’t public.

But it isn’t, because even the most overzealous prosecutor out there, and Manhattan DA Cyrus Vance, Jr. is not one of those, would be told in no uncertain terms that any prosecution would destroy our economy, and so it would result in their own destruction (See Spitzer, Eliot) so it will just be a few bucks in fines, and no admission of wrong-doing.

JoAnne Kloppenberg Concedes Wisconsin Supreme Court Race

No Comments

She made some noises about electoral reforms in the unspecified future, but absent an adversarial proceeding with full discovery, i.e. a full legal challenge which she eschewed, it’s not gonna happen.

If the election were just about a difference in philosophy, as opposed to the explicit statements by David Prosser that he would specifically support Scott Walker’s agenda, perhaps there could be an excuse for playing nice, but in this case there is no such excuse.

There were clearly extensive and pervasive irregularities, particularly in Waukesha County, and even in a losing effort, exposing the corruption and incompetence of that county clerk is an independent good that any officer of the court should pursue.

Feh on her.

The DoJ Has Been Thoroughly Politicized by Republicans Since 1980

No Comments

Investigative reporter Murray Waas, has a rundown of John Ensign’s law breaking, and the fact that the Department of Justice decided not to prosecute him, or Tom Coburn, who is hip deep in the web of back door payoffs, coverups, and a conspiracy to obstruct justice.

But, as Nicole Belle observes, they have still found time to indict John Edwards for paying off a mistress.

What we need to understand here is that since Ronald Reagan, successive Republican administrations have done their level best to politicize the DoJ, and it’s worked.

The professional staff of the Justice Department is no longer professional.

I do not know what the fix is, but Obama’s decision to allow 2nd rate political hacks from the Bush administration to remain on staff, even though civil service regulations were flouted, was exactly the wrong thing to do.

Supreme Court Rules that State Can Impose Sanctions for Violating Immigration Law

2 Comments

The Supreme Court ruled that the Arizona law penalizing employers who knowingly employ illegal aliens is constitutional.

Note that this law is a distinct entity from Arizona’s “Papers Please” law, this law simply applies penalties on employers who are found to have deliberately hired illegals, which is a pretty high bar in the real world:

The 2007 law in question, known as the Legal Arizona Workers Act, or LAWA, allows state authorities to suspend, and if necessary, to revoke the business licences of employers who knowingly hire illegal aliens. Even more striking, the law also mandates that employers adopt a workplace verification system known as “E-Verify” to screen prospective employees based on their legal status.

Two lower courts ruled in 2008 that LAWA was constitutional, despite furious challenges from a coalition of civil rights and immigration rights organisations, and business groups, which saw the sanctions law as likely to interfere with their ability to hire cheap foreign labour. The two lower courts, and now the US supreme court, cited a critical but little-known 1976 supreme court decision upholding a state employer sanctions law in California, as well as the 1986 Immigration Reform and Control Act, or IRCA, which established a new federal employer sanctions regime, but explicitly excluded issues relating to “business licencing” from the scope of the law.

I have mixed emotions on this.

On the whole, an aggressive program of sanctions against employers who flout immigration laws to save money is a good thing, but I also believe that this action should be done at the federal, not the state level.

Yep, He’s F%$#ing Nuts

No Comments

Federal Judge Larry Burns has ruled that Arizona gunman Jared Lee Loughner is not mentally competent to stand trial:

A federal judge ruled Wednesday that Jared Lee Loughner was incompetent to stand trial, all but ending, for now, legal proceedings in the January shooting spree that killed six people and wounded 13 others, including Arizona Democratic Rep. Gabrielle Giffords.

After studying reports from two mental-health experts who examined the 22-year-old defendant, Judge Larry A. Burns stopped federal death-penalty proceedings against Loughner and sent him back to the federal medical center for prisoners in Springfield, Mo., for treatment and further evaluation.

Burns scheduled another hearing for Sept. 21 to see if Loughner’s condition had improved enough for him to assist in his own defense.

It’s clear to me, and I understand that I am not a psychological professional, but it’s clear that this guy is a couple of fries short of a happy meal.

The question here is whether or not getting him well enough to stand trial means just trying him, or if it means meaningful treatment options, along with a reasonable assessment of what should be done if he is ever well enough to be a part of general society again.

I favor the latter myself, and it should be noted that the way that we address serious mental issues in the US is clearly deficient.

Your Moment of Schadenfreude

No Comments

One of the conditions of James O’Keefe’s probation for attempting to but Senator Mary Landrieu’s office is that he needs permission to leave the state of New Jersey.

His latest request was denied:

A federal judge has denied a request by James O’Keefe, the conservative auteur-provocateur, to make a series of trips outside New Jersey.

Since O’Keefe is on probation for his conviction last year for his role in a harebrained undercover operation inside Senator Mary Landrieu’s New Orleans district office, he has to get judicial approval to travel outside New Jersey, where he resides with his family. As part of the scheme targeting the Louisiana Democrat, two O’Keefe cronies dressed up as telephone repairmen and sought access to the politician’s telephone system (O’Keefe–himself a noted master of disguise–was secretly recording the goings-on with his cell phone).

Knowles’s order does not detail his reasons for vetoing the 26-year-old O’Keefe’s motion. The judge has routinely approved prior O’Keefe travel requests.

My guess here is that the judge realized that O’Keefe’s travel was an attempt by him to get paid for his admitted (he pled guilty) wrongdoing, and decided that this was an inappropriate way for him to spend his probation.

Maybe he can get a job washing dishes, or counseling poor people.

Heh.

And It Will End With “Settled Without Any Admission of Wrongdoing”

No Comments

Because, notwithstanding the recent move by the CFTC to sue oil speculators for market manipulation, I do not believe that there will be a vigorous investigation of criminal wrongdoing by any arm of the Obama administration.

Still, when I read this:

After oil prices surged past $100 a barrel in 2008, suspicions that traders had manipulated the market led to Congressional hearings and regulatory investigations. But they produced no solid cases in the record run-up in gasoline prices.

But on Tuesday, federal commodities regulators filed a civil lawsuit against two obscure traders in Australia and California and three American and international firms.

The suit says that in early 2008 they tried to hoard nearly two-thirds of the available supply of a crucial American market for crude oil, then abruptly dumped it and improperly pocketed $50 million.

The regulators from the Commodity Futures Trading Commission would not say whether the agency was conducting any other investigations into oil speculation. With oil prices climbing again this year, President Obama has asked Attorney General Eric H. Holder Jr. to set up a working group to look into fraud in oil and gas markets and “safeguard against unlawful consumer harm.”

In the case filed Tuesday, the defendants — James T. Dyer of Australia, Nicholas J. Wildgoose of Rancho Santa Fe, Calif., and three related companies, Parnon Energy of California, Arcadia Petroleum of Britain and Arcadia Energy, a Swiss company — have told regulators they deny they manipulated the market.

If the United States proves the claims, the defendants may give up $50 million in profits that were believed to be made as a result of the manipulation and also pay a penalty of up to $150 million.

The commodities agency says the case involves a complex scheme that relied on the close relationship between physical oil prices and the prices of financial futures, which move in parallel.

In a matter of a few weeks in January 2008, the defendants built up large positions in the oil futures market on exchanges in New York and London, according to the suit, filed in the Federal Court in the Southern District of New York.

At the same time, they bought millions of barrels of physical crude oil at Cushing, Okla., one of the main delivery sites for West Texas Intermediate, the benchmark for American oil, the suit says. They bought the oil even though they had no commercial need for it, giving the market the impression of a shortage, the complaint says. 

It made me smile.

Wisconsin Election Board Certifies Prosser Winner of Supreme Court Race

No Comments

So the right winger who threatened another judge has been declared the winner.

It is unclear at this point whether his challenger, JoAnne Kloppenburg, will be taking this to court.

She probably should, if just to turn over the rocks that is the Waukesha County Clerk Kathy Nickolaus (probably deliberate) exercise in incompetence in counting votes, but my guess is that she won’t, because Democrats are wimps.

If it were turned around, we would already have James Baker showing up and saying that it’s not fair.

In any case, she has to make her decision by May 31.

Matt Taibbi is Wrong

4 Comments

This Ain’t a “Pass the Popcorn” moment

Matt Taibbi notes that Eric Schneiderman, the New York State Attorney General is investigating irregularities in securitization of mortgage loans, and he is doing a happy dance at what looks like slam dunk at a real investigation, and prosecution, of the malefactors at the center of the financial crisis:

This investigation has the potential to be a Mother of All Nightmares situation for the banks for a couple of reasons. For one thing, the decision to go after the securitization process is a total prosecutorial bullseye. This is the ugly heart of the wide-scale fraud scheme of the bubble era. Again, the business model during this time was a giant bait-and-switch scam. Sleazy lenders like Countrywide and New Century first created huge masses of bad loans, committing every conceivable kind of fraud to get people into loans (from doctoring income statements with white-out to phonying FICO scores to engineering fake appraisals). They then moved the bad loans quickly to the big banks, which pooled them and chopped them up (this is the “securitization” process), sprinkled hocus-pocus math on them, and them sold them to suckers around the world as AAA-rated securities.

The questions Schneiderman will seek to answer are these: did the banks securitize loans they knew were fraudulent, throwing the rotten mortgages into the stew before serving them to customers? Did they also commit insurance fraud by duping the bond insurers (known as “monoline” insurers) into thinking the mortgages were not as risky as they really were? And did they participate in the fraud scheme on a more basic level by lending huge amounts of money to the Countrywides of the world, knowing that they in turn would immediately use that money to create the bad loans? In other words, did the banks finance the fraud in addition to brokering it?

(emphasis original)

He’s right on the basic facts, but he’s wrong on what happens next.

There very well may be a settlement, with no admission of wrongdoing, but in terms for real consequences towards the Vampire Squid and the rest of the universe on Wall Street, nothing meaningful is going to happen.

Either the Feds get involved, and block Schneiderman, or he gets destroyed like Eliot Spitzer was, or he, or the state of New York, gets bought off, but we are not going to see the laws applied to people like this, despite pervasive criminality involved, because we live in their world, and they just rent it back to us.

Here Is a Shocker

No Comments

The Registrar of Deeds for Guilford County, North Carolina, Greensboro and environs, after hearing horror stories about fraudulent loans, decided to go through his own deeds, and went through all the deeds transferred from 2006 to 2010.

The results? That in a cursory examination, well over half of the deeds were in some manner fraudulent:

But Jeff Thigpen, the register of deeds in Guilford County, North Carolina, a county of about 465,000 in the center of the state (the largest city is Greensboro), decided to survey all the mortgage documents submitted to his office by DocX, a notorious “mortgage mill” that processes documents on behalf of lenders, between August 2006 and April 2010. He was inspired by a 60 Minutes investigation revealing numerous forgeries, backdating, and other false information on mortgage documents. “When I saw that [story], I was basically on fire,” Thigpen says. “‘I know this material is in my office, I’ve got to find it, I’ve got to get it out.'”

Out of the 6,100 documents Thigpen examined, 4,500 showed signature irregularities. The name of one DocX employee, Linda Green, who was acting as a vice president for several major banks, was forged 15 different ways on the Guilford County documents, rendering them invalid. Thigpen’s investigation was one of the first systematic assessments of mortgage document fraud in the entire country, certainly more robust than anything conducted by state and federal regulators.

Thigpen, as well as his Essex County equivalent John O’Brien, have been making as much of a stink as they can about this, they have asked the Iowa Attorney General, Tom Miller, to hold off on his proposed national settlement pending a real investigation. (some older posts here)

That would be the right thing to do, of course, but considering the fact that Miller is angling for some sort of position in the Obama administration, and the Obama administration is as interested in pursuing the banks for wrong doing as they are in pursuing Dick Cheney for outing a CIA agent, I don’t expect that there will ever be a meaningful investigation of Bankster wrongdoing.

Indiana Winger Judges Repeal Magna Carta

No Comments

Yes, the foundation of British civil rights, and by extension of the United States, has been ruled invalid by the Indiana state Supreme Court, who have upended the 900 year old precedent, and ruled that police have the right to Illegally enter your home:

Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry.

Why? Because the cop is always right:

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

It appears that these wankers never read the part of the Constitution that says, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

So, a medieval peasant, living under King Edward I (Longshanks) in Coventry in 1300 has more civil rights than an American living in Indiannapolis.

I’m thinking that these guys got their law degree from either a Cracker Jack box, or from the Christian Broadcast Network University (now called Regency University).

What the IMF Has Been Doing to 3rd World Nations For Years…

No Comments
Click for full size


At least there is symmetry

So it should come as no surprise, that IMF President Dominique Strauss-Kahn has been arrested for raping a hotel housekeeper:

The arrest of International Monetary Fund chief Dominique Strauss-Kahn on sexual-assault charges threatened to upend French politics and weaken the IMF’s central role in resolving Europe’s deepening debt crisis.

Mr. Strauss-Kahn, 62 years old, was expected to be arraigned Sunday night on charges of attempted rape, criminal sexual assault and unlawful imprisonment of a maid in the New York City hotel where he was staying, police said. Mr. Strauss-Kahn retained prominent defense attorney Benjamin Brafman, whose clients have included singer Michael Jackson and rapper Sean Combs. Mr. Brafman said Mr. Strauss-Kahn would plead not guilty.

Mr. Strauss-Kahn’s arraignment was delayed late Sunday when police sought a search warrant to examine the IMF chief’s body for scratches or the accuser’s DNA, a law-enforcement official said.

We are living in weird times.

Obviously, rape is not something to be made light of, but the similarities in predatory nature of the IMF and the alleged crimes are striking.

It Isn’t Real Until They Start Convicting White Billionaires

No Comments

Yes, hedge fund manager Raj Rajaratnam was found guilty all 14 charges of which he was accused, primarily insider trading and conspiracy, and there is a lot of talk about how this presages a new era of enforcement.

It isn’t, for a couple of reasons.

First, notwithstanding his wealth and power, Rajaratnam was still very much an outsider in the rather lily white halls of high finance.  Simply put:  He was never a member of the club, he was just a guest, and so it was an easy shot for prosecutors to get.

Second, is the likelihood that this investigation, and his wiretap, likely had something to do with his extensive ties, and extensive philanthropy toward, his native Tamil community in Sri Lanka, which likely investigators to suggest that there were potential material support issues regarding the Tamil Tigers, the now defunct terrorist group.  (A caveat here, I’ve heard nothing but rumblings on this, but if I were dealing with a judge dubious about a wire tap warrant, I’d let “Tamil Tigers” slip out).

It may be the start of something bigger, but I will not believe it until we start seeing big fish with pale complexions being frog marched in handcuffs.

Making the Teabaggers Look Good

No Comments

It turns out that there is a group of people who are less well suited to running government than the Teabaggers, it is the current government of the Islamic Republic of Iran.

Case in point, some of Mahmoud Ahmadinejad’s aides have been charged with sorcery:

Close allies of Iran’s president, Mahmoud Ahmadinejad, have been accused of using supernatural powers to further his policies amid an increasingly bitter power struggle between him and the country’s supreme leader, Ayatollah Ali Khamenei.

Several people said to be close to the president and his chief of staff, Esfandiar Rahim Mashaei, have been arrested in recent days and charged with being “magicians” and invoking djinns (spirits).

Ayandeh, an Iranian news website, described one of the arrested men, Abbas Ghaffari, as “a man with special skills in metaphysics and connections with the unknown worlds”.

This is a level of political dysfunction that just boggles my mind, particularly in the 21st century.

This is why the Neocons are wrong about us taking down Iran.  The only thing that preserve this clown show is an external military threat.

The Roberts Court Whores for Corporate America Again

No Comments

They just ruled that companies can use arbitration clauses to require that each claim be settled individually, making it impossible for companies to be meaningfully punished for cheating large numbers of customers a few bucks at a time.

Unsurprisingly, it was AT&T that was cheating its customers, to the tune of $30 a pop, that was the defendant in this case.

I’m with Breyer on this:

But the dissenters said a practical ban on class action would be unfair to cheated consumers. Justice Stephen G. Breyer said the California courts had insisted on permitting class-action claims, despite arbitration clauses that forbade them. Otherwise, he said, it would allow a company to “insulate” itself “from liability for its own frauds by deliberately cheating large numbers of consumers out of individually small sums of money.”

But I would have been more frank. I would have said that the Scalia, et al, were creating a license to steal.