Category: Justice

Eric Holder Agonistes

So, Newsweek magazine has an article relating the internal struggle of Attorney General Eric Holder with regard to things like torture and illegal wiretapping. He is horrified at what has been done, but he understands Barack Obama’s desire to cover all this stuff up so that he violate the constitution and the supervision of congress too move forward and not look back (2nd and last graph of the article):

These are not just the philosophical musings of a new attorney general. Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration’s brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in a matter of weeks, say these sources, who decline to be identified discussing a sensitive law-enforcement matter. Such a decision would roil the country, would likely plunge Washington into a new round of partisan warfare, and could even imperil Obama’s domestic priorities, including health care and energy reform. Holder knows all this, and he has been wrestling with the question for months. “I hope that whatever decision I make would not have a negative impact on the president’s agenda,” he says. “But that can’t be a part of my decision.”

…..

But in late June Holder asked an aide for a copy of the CIA inspector general’s thick classified report on interrogation abuses. He cleared his schedule and, over two days, holed up alone in his Justice Department office, immersed himself in what Dick Cheney once referred to as “the dark side.” He read the report twice, the first time as a lawyer, looking for evidence and instances of transgressions that might call for prosecution. The second time, he started to absorb what he was reading at a more emotional level. He was “shocked and saddened,” he told a friend, by what government servants were alleged to have done in America’s name. When he was done he stood at his window for a long time, staring at Constitution Avenue.

Why are we seeing a report like this? What is driving the reports of how Eric Holder is agonizing over his dual obligations to enforce the law and to do the bidding of Barack Obama?

This is an attempt by Eric Holder to retain some dignity when he makes the wrong choice. He will not be appointing a special prosecutor, nor will he be authorizing any future investigations from within the Department of Justice on these matters, because it is politically inconvenient for Barack Obama and His Stupid* Minions, and he wants to ensure that his reputation takes as small a hit as possible.

He is going to do the craven and political thing, and not the right thing, but he wants all of us to know, particularly those inside the Washington Beltway, that he really agonized over it.

*It’s stupid, because they do not realize that not prosecuting Republican law breakers will not create any bipartisanship, but rather, it will create a sense of impunity that will fuel ‘Phant attacks against the President. We only have to look at Bill Clinton’s experience, where his decision not to pursue Iran-Contra led to a heretofore unknown level of vitriol from the Republicans.

Is Goldman Sachs Running a Scam Right out of The Sting?

Yes, we now have a case of what appears to be industrial espionage, or perhaps geeky security breaches, this is once more pulling back a part of the masque from that great vampire squid wrapped around the face of humanity*, Goldman Sachs.

Specifically, a former programmer at Goldman Sachs, one Sergey Aleynikov, is alleged to have stolen the proprietary program trading software that they use and stored it on a server somewhere in Germany. (Also here and here)

What is interesting is what this software actually does:

The platform is one of the things that apparently gives Goldman a leg-up over the competition when it comes to rapid-fire trading of stocks and commodities. Federal authorities say the platform quickly processes rapid developments in the markets and uses top secret mathematical formulas to allow the firm to make highly-profitable automated trades.

Or as is noted in the criminal complaint:

The Financial Institution has devoted substantial resources to developing and maintaining a computer platform that allows the Financial Institution to engage in sophisticated high-speed, and high-volume trades on various stock and commodities markets. Among other things, the platform is capable of quickly obtaining and processing information regarding rapid developments in these markets.

So basically, we have high speed software to execute computer driven trades in response to market fluctuations, to the tune of about 60% of all of these trades, about $100 million a day,

We also have this tidbit from the prosecutor, “The bank has raised the possibility that there is a danger that somebody who knew how to use this program could use it to manipulate markets in unfair ways.”

The reality here is that it is being used to manipulate markets in unfair ways, by Goldman Sachs.

Vet74 at Daily Kos explains in a fairly technical way, but basically, this is the scam within a scam from the Paul Newman/Robert Redford movie The Sting, where the man they are cheating, murderous gangster Doyle Lonnegan, believes that they are delaying the ticker tape of race results so as to place bets on horses that have already won.

When they note that the software, “quickly processes rapid developments in the markets,” what they really mean is that this software can pick up on large orders in process, and get their orders in ahead of those orders already in process, and generate profits.

If this were a human transaction, with the agent doing it to a client, it would be called front-running, and it would be a felony.

I’m pretty sure that Goldman does not want everything to come out in court, because, even if it’s legal, the revelations would likely lead to calls for additional regulatory reform.

They just want this gut to cop a plea, extract some sort of non-disclosure agreement, and then make him disappear.

You can tell this, because they are playing some serious hardball here.

They discovered the loss of the code some time in mid June, but held off on notifying authorities until July 1, pretty much guaranteeing that the arrest, and setting of bail would take place over the holiday, and he would have to spend the weekend in jail.

He is out on bail now, but I expect a plea, or a convenient suicide, because the exposure in open court of what amounts to a massive, pervasive, and thoroughly corrupt insider trading scheme is something that the squids* will find unacceptable.

Then again, I am a bit tinfoil hat on such things.

*Alas, I cannot claim credit for this bon mot, it was coined by the great Matt Taibbi, in his article on the massive criminal conspiracy investment firm, The Great American Bubble Machine.

Lawsuit Alleges Faulty Stealth Coatings on F-22

Darrol Olsen alleges that Lockheed-Martin covered up problems with the stealth coatings on the F-22. (See also here.)

Considering this guy’s pedigree, he worked on stealth coatings for the F-117 and B-2, and the considerable problems that the F-22 has had with its stealth coatings, it’s readiness and maintenance requirements have underperformed, I’m inclined to believe that there is some merit in the lawsuit.

My guess is that LM will eventually settle with him, and we will hear no more of this.

Well, This is a Weird 5-Way

Justices Antonin Scalia, John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer formed the majority on “Cuomo vs. Clearing House Association, (Eliot Spitzer originally brought the case) where they affirmed a states right to enforce laws against unfair lending practices.

If you had told me that a 5-4 decision in the Supreme court would have this makeup, I would have thought that you were pulling my leg.

While the Supreme Court did limit the scope of state Attorneys General, they do not have the right to simply demand documents, as federal regulators do, they have to get a court order, this is a big victory for consumers, and Scalia authored it.

Reality is sometimes odd.

Credit Where Credit is Due

On Joe Scarborough’s show on MSNBC, Chuck Todd said that the emperor had no clothes, when he said that in the Ricci case that, ““he majority actually, well, to put it bluntly, legislated from the bench.”

I have repeatedly called Chuck Todd, “one of the stupidest muthf%$#ers in the White House press room,” for his sometime absurdly naive acceptance of the beltway conventional wisdom.

This is not one of those times though. He nailed it when he described the conservative majority’s intent in this vote as being judicial activism, even if Joe Scarborough reacted like a cow that had just stepped on its own udder.

Read Bob Herbert

Seriously, excerpts do not do justice to his essay on Mohammed Jawad, where he describes the US government torturing a 12-16 year old boy, and now is attempting to use his tortured confession to keep him confined, but here are the last 2 ‘graphs:

There is no credible evidence against Jawad, and his torture-induced confession has rightly been ruled inadmissible by a military judge. But the Obama administration does not feel that he has suffered enough. Not only have administration lawyers opposed defense efforts to secure Jawad’s freedom, but they are using, as the primary basis for their opposition, the fruits of the confession that was obtained through torture and has already been deemed inadmissible — without merit, of no value.

[Jawad’s former prosecutor] Colonel Vandeveld is no longer on active duty and has joined the effort by military defense lawyers and the American Civil Liberties Union to secure Jawad’s freedom. Six years of virtual solitary confinement, he said, is enough for someone who was not much older than a child when he was taken into custody.

(emphasis mine)

Barack Obama, tear down that wall.

But he won’t because it’s inconvenient.

Siegelman Asking for New Trial

On the basis of prosecutorial misconduct including witness tampering.

Richard Scrushy’s legal, who was convicted in the same case, is asking the U.S. District Judge Mark Fuller, who originally heard the case, because, he participated in ex-parte discussions with the prosecution about juror misconduct, and so might be called as a witness.

I have little faith in anything here, except the Barak Obama and His Clueless Minions, will do nothing to investigate the truth, because, hell, I don’t know why, but the misconduct here is far worse than what got Ted Stevens off.

Let There Be No Kings

It appears that Barack Obama is moving forward with a system of non-judicial indefinite detention.

The reports are that he plans to implement this through an executive order.

We know that it’s a bad policy, because they are leading off with a lie:

One administration official suggested the White House was already trying to build support for an executive order.

“Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order,” the official said. Such an order can be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should either be prosecuted or released.

Every major civil liberties organization in the country denounced the plan. What’s more, the idea that civil liberties groups might think that would somehow be “better” if it were implemented through an executive order, which puts the power for the decision in the hands on one man, as opposed to legislation, which requires public debate and places the decision in the hands on 535 men, is simply a lie.

What’s more, the criteria for indefinite detention, at least on the basis of his speech ago at the National Archives, is whether or not a conviction can be guaranteed, which sets the precedent that the government will only accord the protections of a court to those for whom it is guaranteed to convict.

This is more than un-American, it is anti-American.

I will not vote for, or support in any way, a politician who supports this, even if the “Republicans are worse.”

Note to Self: Read Murray Waas

Seriously, this guy is the best investigative reporter of my generation.

This time, he shows how the Bush administration leaked the fact that there was an investigation of Republican Congressman Rick Renzi the day after a wiretap warrant was approved:

In the fall of 2006, one day after the Justice Department granted permission to a U.S. attorney to place a wiretap on a Republican congressman suspected of corruption, existence of the investigation was leaked to the press — not only compromising the sensitive criminal probe but tipping the lawmaker off to the wiretap.

Career federal law enforcement officials who worked directly on a probe of former Rep. Rick Renzi (R-Ariz.) said they believe that word of the investigation was leaked by senior Bush administration political appointees in the Justice Department in an improper and perhaps illegal effort to affect the outcome of an election.

At the time of the leak, Renzi was locked in a razor-thin bid for reelection and unconfirmed reports of a criminal probe could have become politically damaging. The leaked stories — appearing 10 days before the election — falsely suggested that the investigation of Renzi was in its initial stages and unlikely to lead to criminal charges.

Note that if they had gotten permission to wire tap a Congressman, criminal charges are nearly a slam dunk, and the US attorney pursuing the investigation of the now-indicted Renzi was one of those purged by Bush and His Evil Minions for insufficient political loyalty.

BTW, it appear that the leaker may have been Alice Fisher, who was a recess appointment by President Bush as Assistant Attorney General in charge the Criminal Division of the DoJ.

She is the only assistant AG in that position who has never tried a criminal case.

Un-dirtyword-believable.

The Supreme Court Gets One Right, 8-1

With Clarance “The Speed Bump” Thomas being the dissent.

Notwithstanding some very hostile questioning by justices at the arguments, the Supreme Court has ruled that strip searching a 13 year old girl because someone alleged she was carrying Advil on her is just wrong.

Unfortunately, they also said that the plaintiff, Savana Redding, could not pursue her lawsuit, because at the time, the law was not clear.

This is the first time in decades that the supreme court has ruled for student’s rights at school.

I guess the spectacle of a 13 year old white girl being stripped for possession of headache pills was too much for even them.

I rather imagine that if Ms. Redding were black, the vote would have been closer.

Obama Not Just Cheney in Drag, but Cheney’s Guardian Angel

Great googly moogly, their latest brief in court is even more absurd than their DOMA brief.

Hell, it’s more absurd than the Twinkie Defense, it’s the Jon Stewart Defense:

A federal judge yesterday sharply questioned an assertion by the Obama administration that former Vice President Richard B. Cheney’s statements to a special prosecutor about the Valerie Plame case must be kept secret, partly so they do not become fodder for Cheney’s political enemies or late-night commentary on “The Daily Show.”

….He told the judge that if Cheney’s remarks were published, then a future vice president asked to provide candid information during a criminal probe might refuse to do so out of concern “that it’s going to get on ‘The Daily Show’ ” or somehow be used as a political weapon.

Gee, I wish that I could tell police investigating a crime to go pound sand because somehow it might be embarrassing.

Making this even more absurd is that this argument was first put forward by Bush’s now disgraced acting head of the Office of Legal Counsel Stephen Bradbury. (See also here and here)

Obama Comes Out for DOMA

Americablog. has the scoop.

Basically, an Obama DoJ appointee made motions in a court case challenging the Defense of Marriage Act, and while I guess that there is an obligation for them to defend statute, the filing invoked pedophilia, called gays freeloaders, and generally invoked every bigoted right-wing talking point out there.

On the stump, he condemned DOMA.

Even better, today is the 42nd anniversary of Loving v. Virginia.

I would not hold my breath on a repeal of Don’t Ask Don’t Tell.

I told you so after the whole Donnie McClurkin thing.