The war with the press did not start with Donald Trump. It began under George W. Bush and expanded when Barack Obama went after New York Times reporter James Risen in that administration’s prosecution of Jeffrey Sterling, a former undercover CIA agent accused of espionage. The Justice Department wanted Mr. Risen to testify at the …
Tag: Eric Holder
Jun 12 2018
The Assault on Freedom of the Press
Jul 09 2015
Eric Holder Returns to His Roots
After six years of protecting them, former Attorney General Eric Holder triumphantly returned to his roots, the law firm where he defended Wall Street and the banking industry before his appointment as AG. As though this was ever in doubt.
Eric Holder, Wall Street Double Agent, Comes in From the Cold
Matt Taibbi, Rolling Stone
Barack Obama’s former top cop cashes in after six years of letting banks run wild
Eric Holder has gone back to work for his old firm, the white-collar defense heavyweight Covington & Burling. The former attorney general decided against going for a judgeship, saying he’s not ready for the ivory tower yet. “I want to be a player,” told the National Law Journal, one would have to say ominously.
Holder will reassume his lucrative partnership (he made $2.5 million the last year he worked there) and take his seat in an office that reportedly – this is no joke – was kept empty for him in his absence.
The office thing might have been improper, but at this point, who cares? More at issue is the extraordinary run Holder just completed as one of history’s great double agents. For six years, while brilliantly disguised as the attorney general of the United States, he was actually working deep undercover, DiCaprio in The Departed-style, as the best defense lawyer Wall Street ever had.
Holder denied there was anything weird about returning to one of Wall Street’s favorite defense firms after six years of letting one banker after another skate on monstrous cases of fraud, tax evasion, market manipulation, money laundering, bribery and other offenses. [..]
In this light, telling reporters that you’re going back to Covington & Burling to be “engaged in the civic life of this country” seems like a joke for us all to suck on, like announcing that he’s going back to get a doctorate at the University of Blow Me.
Holder doesn’t look it, but he was a revolutionary. He institutionalized a radical dualistic approach to criminal justice, essentially creating a system of indulgences wherein the world’s richest companies paid cash for their sins and escaped the sterner punishments the law dictated.
The transcript can be read here
Eric Holder Returns as Hero to Law Firm That Lobbies for Big Banks
By Lee Fang, The Intercept
After failing to criminally prosecute any of the financial firms responsible for the market collapse in 2008, former Attorney General Eric Holder is returning to Covington & Burling, a corporate law firm known for serving Wall Street clients.
The move completes one of the more troubling trips through the revolving door for a cabinet secretary. Holder worked at Covington from 2001 right up to being sworn in as attorney general in Feburary 2009. And Covington literally kept an office empty for him, awaiting his return.
The Covington & Burling client list has included four of the largest banks, including Bank of America, Citigroup, JPMorgan Chase and Wells Fargo. Lobbying records show that Wells Fargo is still a client of Covington. Covington recently represented Citigroup over a civil lawsuit relating to the bank’s role in Libor manipulation.
Covington was also deeply involved with a company known as MERS, which was later responsible for falsifying mortgage documents on an industrial scale. “Court records show that Covington, in the late 1990s, provided legal opinion letters needed to create MERS on behalf of Fannie Mae, Freddie Mac, Bank of America, JPMorgan Chase and several other large banks,” according to an investigation by Reuters.
The Department of Justice under Holder not only failed to pursue criminal prosecutions of the banks responsible for the mortage meltdown, but in fact de-prioritized investigations of mortgage fraud, making it the “lowest-ranked criminal threat,” according to an inspector general report.
Jan 09 2015
James Risen Still Protecting Press Freedom
Freedom of the Press and Speech have come under attack lately from the and, strangely, from the so-called left. The vicious attack on the office of “Charlie Hebdo” was especially vicious but there are more subtle attacks on our rights from the US Department of Justice. Even though Attorney General Eric Holder has said that he would force New York Times reporter James Risen to reveal the sources for his book “State of War: The Secret History of the CIA and the Bush Administration,” Holder approved the issue of a limited subpoena requiring Risen to testify at the trial of former CIA officer Jeffrey Sterling who is being charged as a whistleblower under the 1917 Espionage Act. On January 5th in an unusual pre-trial hearing, Risen finally testified, for the first time under oath, in a Virginia federal courtroom
The terse, and at times combative, testimony prompted a lawyer for Sterling to question whether prosecutors could even proceed with their case.
There are many unequivocal statements the government cannot prove without Risen, said Edward MacMahon, a lawyer for Sterling. Sterling was indicted on unauthorized disclosure of national defense information and other charges in 2010. [..]
On Monday, Risen said he did not want to provide any information to the government that it might be able to use as a “building block” to prove or disprove a “mosaic” it was trying to make. He made the comments just days before Sterling is scheduled to begin trial on Jan. 12.
New York Times reporter Mark Appuzo spoke with Democracy Now!‘s Amy Goodman and Juan González about the possibility of Risen being held in contempt and going to jail
It remains to be seen if Risen will testify at all. If he does and stick to his guns, will Holder stick to his statement that no journalist would go to jail on his watch for doing his or her job?
Dec 11 2014
Spare Me the Lecture About the Law
If upholding the law is too hard for Barack Obama and Eric Holder, then they are among the ranks of the accused torturers and should just resign.
UN Expert Calls For Prosecution Over U.S. Torture
All senior U.S. officials and CIA agents who authorized or carried out torture like waterboarding as part of former President George W. Bush’s national security policy must be prosecuted, top U.N. officials said Wednesday.
It’s not clear, however, how human rights officials think these prosecutions will take place, since the Justice Department has declined to prosecute and the U.S. is not a member of the International Criminal Court.
Zeid Raad al-Hussein, the U.N. high commissioner for human rights, said it’s “crystal clear” under international law that the United States, which ratified the U.N. Convention Against Torture in 1994, now has an obligation to ensure accountability. [..]
However, a Justice Department official said Wednesday the department did not intend to revisit its decision to not prosecute anyone for the interrogation methods. The official said the department had reviewed the committee’s report and did not find any new information that would cause the investigation to be reopened.
UN Official: Prosecute “Systematic Crimes and Gross Violations of International Human Rights Law”
Jim White, emptywheel
Ben Emmerson is the UN’s Special Rapporteur on counterterrorism and human rights. His statement released yesterday in response to the SSCI torture report points out the clear responsibilities that the US has under the Convention Against Torture and other international human rights laws to prosecute not only those who carried out torture, but those who designed the torture program and gave orders for its implementation. [..]
Emmerson doesn’t say that those responsible for the crimes should be brought to justice. He says outright that they MUST be brought to justice. Emmerson further points out that being authorized at a high level in the government gives no protection. Further, he notes a “conspiracy” to carry out the crimes.
Emmerson then goes on to destroy Barack Obama’s “look forward” bullshit and John Durham’s coverup disguised as an investigation:
International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.
As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes.
Obama, Holder and Durham simply cannot grant immunity for these crimes. International law forbids it. More specifically, the Convention Against Torture, to which the US is a signatory, prohibits it. Similarly, the Convention on Enforced Disappearances also comes into play in the crimes committed by the US and also prevents the granting of immunity that Obama has tried to orchestrate.
Mark Udall Says The CIA Is Still Lying
By Matt Sledge, Huffington Post
The CIA is still lying about its post-9/11 torture program, even in the face of a devastating Senate report, Sen. Mark Udall (D-Colo.) said Wednesday.
In a dramatic floor speech during his final month in the Senate, Udall said the CIA’s lies have been aided and abetted by President Barack Obama’s White House and called on the president to “purge” his administration of CIA officials who were involved in the interrogation program detailed in the report.
“It’s bad enough to not prosecute these officials, but to reward and promote them is incomprehensible,” Udall said. “The president needs to purge his administration.”
Udall said the lies are “not a problem of the past,” citing the CIA’s response to the 6,000-page torture report. He said the agency took seven months to write a formal comment after the Senate Intelligence Committee approved the report in December 2012 — and when it did, it was full of lies and half-truths meant to justify the agency’s actions.
MSNBC’s “All In” host Chris Hayes questions Pres. Obama’s premise that we are a “nation of laws”
Nov 12 2014
This Is Not the Loretta Lynch You’re Looking For
President Barack Obama has nominated Loretta Lynch, US Attorney for the Southern District of New York, to replace Attorney General Eric Holder who announced his retirement just before the mid-term election. Her credentials and qualifications for the post are excellent and her record in her current position. She is viewed as a strong civil rights defender, did pro-bono work prosecuting Rwandan war crimes, and has come down hard on public corruption. That said, she will likely follow Holder’s stance on Wall Street and the banking industry that they are too big to prosecute.
Lynch, who joined Holder in Washington over the summer to announce a $16 billion settlement with Bank of America over its conduct leading up to the meltdown, has similarly suggested the federal government is doing everything it can to hold companies accountable.
“[People] want the head of this bank or that investment bank to go to jail, and the types of cases that we actually have been developing tend to be a little bit smaller,” she told a New York civic association last year. “They tend to involve mortgage companies themselves who issued fraudulent mortgages” and may have made misleading statements or received “a kickback.”
“There in fact have been a number of prosecutions like that all over the country,” she said. “But those are smaller cases and they don’t get the kind of attention that people are looking for. So people often don’t think that anything has happened.”
She said it all comes down to “what you can prove.”
“We have to prove to a jury beyond a reasonable doubt their intent was to defraud the public, and sometimes jurors just think they were bad at what they did,” she said.
And there is ample reason in her background to believe that she’ll be no better than Holder in holding the mega-banks accountable. David Dayen at Salon has the evidence:
Lynch’s first job was as a litigation associate at Cahill Gordon & Reindel in the mid-1980s. Their litigation department includes the legendary First Amendment lawyer Floyd Abrams, who defended the New York Times in the Pentagon Papers case (Abrams subsequently argued the Citizens United case, on “campaign money is speech” grounds). But it also does a great deal of white-collar defense in securities and antitrust law, representing companies like AIG, HSBC, Credit Suisse, Bank of America and more. It’s a corporate law firm.
Lynch then served at the U.S. attorney’s office in Brooklyn for 11 years, rising to run the office during the end of the Clinton administration, from 1999 to 2001. When she left, she became a partner at Hogan & Hartson (it has since merged to become Hogan Lovells). It’s a giant D.C. law firm specializing in government regulatory, corporate and financial law. Like Cahill Gordon & Reindel, it advises all sorts of corporations, and it even has a separate lobbying firm, one of the top five in the United States. We know that Lynch worked on white-collar criminal defense and corporate compliance while in private practice at Hogan & Hartson. [..]
Now, she was just a litigation associate at Cahill Gordon & Reindel. And at Hogan & Hartson she did admirable pro bono work with prosecutors in the Rwandan war crimes tribunal. But what this says is that she has a long history interacting with a certain class of corporate lawyers and executives, understanding their perspective in critical ways.
That’s further buttressed by a strange detour in her legal career – serving as a director of the New York Federal Reserve Board from 2003 to 2005. Here she worked with people like former Citigroup chairman Sandy Weill, ex-Lehman Brothers CEO Richard Fuld and ex-Blackstone chairman Pete Peterson.
The directors of the New York Fed don’t play a huge role in supervising Wall Street banks or conducting monetary policy. But their biggest job is to select the president of the organization. And in 2003, Loretta Lynch had one of six votes in the appointment process that eventually put someone named Timothy Geithner in charge.
Ms. Lynch’s association with bankers and the Fed won’t be a reasons not to confirm her. However, her appointment has been stalled by the lame duck Senate Majority Leader Harry Reid (D-NV) who said there are more important issues to be resolved before the Republicans take control in January. Also, needless to say, her nomination has come under attack from the Tea Party faction of the Senate and news media, some of it, of course gets it dead wrong:
The conservative news site Breitbart.com suffered a rather awkward pants-down moment when a media watchdog site pointed out Breitbart had confused its Loretta Lynches when publishing an attack on the woman President Obama has nominated to be the next attorney general. The site said the 55-year-old nominee served as one of President Bill Clinton’s defense attorneys during the Whitewater investigation of 1994.
She didn’t. That was a different Loretta Lynch. [..]
The Loretta Lynch Breitbart was referring to – the Whitewater attorney – was also a former California public utilities commissioner. She worked as the director of policy and research for California Gov. Gray Davis (D) and obtained her undergraduate degree from the University of Southern California. Her law degree is from Yale.
California Lynch is 52.
With blue eyes.
This is nothing new for the right wing, as Rachel Maddow says they create their own parralel unvierse and stick with it.
No, this is not the Loretta they’re looking for either.
Nov 12 2014
The Nightmare on Wall Street
Attorney General Eric Holder claimed that the banks were too big and too hard to prosecute for the “massive criminal securities fraud” behind the high risk mortgage securities that led up to the 2008 financial collapse. Instead the Justice Department opted for civil settlements with large fines with no admission of any wrong doing.
Actually, it wasn’t. It appears that the Obama administration’s chief law enforcement officer chose not to prosecute despite all the evidence at his disposal. In his return to Rolling Stones, investigative journalist Matt Taibbi introduces Alayne Fleischmann, JPMorgan Chase’s $9 billion nightmare:
She tried to stay quiet, she really did. But after eight years of keeping a heavy secret, the day came when Alayne Fleischmann couldn’t take it anymore.
“It was like watching an old lady get mugged on the street,” she says. “I thought, ‘I can’t sit by any longer.'” [..]
Fleischmann is the central witness in one of the biggest cases of white-collar crime in American history, possessing secrets that JPMorgan Chase CEO Jamie Dimon late last year paid $9 billion (not $13 billion as regularly reported – more on that later) to keep the public from hearing.
Back in 2006, as a deal manager at the gigantic bank, Fleischmann first witnessed, then tried to stop, what she describes as “massive criminal securities fraud” in the bank’s mortgage operations.
Thanks to a confidentiality agreement, she’s kept her mouth shut since then. “My closest family and friends don’t know what I’ve been living with,” she says. “Even my brother will only find out for the first time when he sees this interview.”
Six years after the crisis that cratered the global economy, it’s not exactly news that the country’s biggest banks stole on a grand scale. That’s why the more important part of Fleischmann’s story is in the pains Chase and the Justice Department took to silence her.
She was blocked at every turn: by asleep-on-the-job regulators like the Securities and Exchange Commission, by a court system that allowed Chase to use its billions to bury her evidence, and, finally, by officials like outgoing Attorney General Eric Holder, the chief architect of the crazily elaborate government policy of surrender, secrecy and cover-up. “Every time I had a chance to talk, something always got in the way,” Fleischmann says.
This past year she watched as Holder’s Justice Department struck a series of historic settlement deals with Chase, Citigroup and Bank of America. The root bargain in these deals was cash for secrecy. The banks paid big fines, without trials or even judges – only secret negotiations that typically ended with the public shown nothing but vague, quasi-official papers called “statements of facts,” which were conveniently devoid of anything like actual facts.
Matt and Ms. Fleischmann joined Democracy Now‘s hosts Amy Goodman and Juan González to discuss ow JPMorgan wrecked the economy and avoided prosecution.
The full transcript can be read here
May 16 2014
The DOJ Hates the Fourth Amendment
This administration, especially the Department of Justice really hates your Fourth Amendment rights and is doing everything in its power to narrow your right to privacy as much as it can.
DOJ Says Americans Have No 4th Amendment Protections At All When They Communicate With Foreigners
by Make Masnick, Techdirt
We’ve already questioned if it’s really true that the 4th Amendment doesn’t apply to foreigners (the Amendment refers to “people” not “citizens”). But in some new filings by the DOJ, the US government appears to take its “no 4th Amendment protections for foreigners” to absurd new levels. It says, quite clearly, that because foreigners have no 4th Amendment protections it means that any Americans lose their 4th Amendment protections when communicating with foreigners. They’re using a very twisted understanding of the (already troubling) third party doctrine to do this. As you may recall, after lying to the Supreme Court, the Justice Department said that it would start informing defendants if warrantless collection of information under Section 702 of the FISA Amendments Act (FAA) was used in the investigation against them.
Last October, it finally started alerting some defendants, leading courts to halt proceedings and re-evaluate. As two of those cases have moved forward, the DOJ is trying to defend those cases, and one way it’s doing so is to flat out say that Americans have no 4th Amendment protections when talking to foreigners.
The Supreme Court has long held that when one person voluntarily discloses information to another, the first person loses any cognizable interest under the Fourth Amendment in what the second person does with the information. . . . For Fourth Amendment purposes, the same principle applies whether the recipient intentionally makes the information public or stores it in a place subject to a government search. Thus, once a non-U.S. person located outside the United States receives information, the sender loses any cognizable Fourth Amendment rights with respect to that information. That is true even if the sender is a U.S. person protected by the Fourth Amendment, because he assumes the risk that the foreign recipient will give the information to others, leave the information freely accessible to others, or that the U.S. government (or a foreign government) will obtain the information.
This argument is questionable on so many levels. First, it’s already relying on the questionable third party doctrine, but it seems to go much further, by then arguing that merely providing information to a foreign person means that it’s okay for the US government to snoop on it without a warrant.
The official US position on the NSA is still unlimited eavesdropping power
by Jameel Jaffer, the ACLU at The Guardian
One year after Snowden, the government is defending – in not-so-plain sight – the ‘paramount’ power to spy on every call and email between you and your friends abroad
The government’s argument is not simply that the NSA has broad authority to monitor Americans’ international communications. The US government is arguing that the NSA’s authority is unlimited in this respect. If the government is right, nothing in the Constitution bars the NSA from monitoring a phone call between a journalist in New York City and his source in London. For that matter, nothing bars the NSA from monitoring every call and email between Americans in the United States and their non-American friends, relatives, and colleagues overseas.
In the government’s view, there is no need to ask whether the 2008 law violates Americans’ privacy rights, because in this context Americans have no rights to be violated.
Marcy Wheeler at emptywheel points out that former Sen Russ Feingold warned us back in 2008 about the abuses that could occur under Section 702 of the FISA Amendments Act (FAA).
Feb 13 2014
Obama Administration Abuses National Security, Secrecy Powers
Would the US Government executive branch abuse it’s state secrets privilege, abuse the classification of documents, and use its ability to prevent a foreign national’s entry to the US to bar her access to the court system? Would it spend millions of taxpayer dollars on lawyers improperly?
The answer is unequivocally yes.
Would top Obama administration officials practice deceit repeatedly in support of efforts to avoid admission of a simple error?
Here is proof that the Obama administration at the highest levels cannot be trusted to fairly, prudently and honestly wield the powers they have arrogated unto themselves in the name of national security. Not only are they a pack of liars, they are people that lack the honor and decency to admit when they have made a simple mistake and apologize for it.
How Obama Officials Cried ‘Terrorism’ to Cover Up a Paperwork Error
After seven years of litigation, two trips to a federal appeals court and $3.8 million worth of lawyer time, the public has finally learned why a wheelchair-bound Stanford University scholar was cuffed, detained and denied a flight from San Francisco to Hawaii: FBI human error.
FBI agent Kevin Kelley was investigating Muslims in the San Francisco Bay Area in 2004 when he checked the wrong box on a terrorism form, erroneously placing Rahinah Ibrahim on the no-fly list.
What happened next was the real shame. Instead of admitting to the error, high-ranking President Barack Obama administration officials spent years covering it up. Attorney General Eric Holder, Director of National Intelligence James Clapper, and a litany of other government officials claimed repeatedly that disclosing the reason Ibrahim was detained, or even acknowledging that she’d been placed on a watch list, would cause serious damage to the U.S. national security. Again and again they asserted the so-called “state secrets privilege” to block the 48-year-old woman’s lawsuit, which sought only to clear her name.
Eric Holder declared to the court that the government would not claim national security privileges to conceal administrative errors or prevent embarrassment.
Holder should have been charged with perjury for his mendacity and the administration should be beyond embarrassed.
Due to the clerical error committed by the FBI agent, the plaintiff in this case, having recently had a hysterectomy and wheelchair bound, was handcuffed, detained and denied her pain medications for hours. After she was released and returned to her home country, the administration barred her from returning to the US to attend her trial.
Most normal folks after discovering that they have by error caused someone pain, embarrassment and severe inconvenience would find apologizing for their error to be the right thing to do. Apparently the Obama administration is not peopled by normal folks.
The administration almost got away with it. The judge initially dismissed the case basis of the government’s claims. After a federal appeals court reinstated the suit, the judge learned what the government had been at pains to conceal. In a pretrial conference the judge said, “I feel that I have been had by the government.”
From the decision:
At long last, the government has conceded that plaintiff poses no threat to air safety or national security and should never have been placed on the no-fly list. She got there by human error within the FBI. This too is conceded. This was no minor human error but an error with palpable impact, leading to the humiliation, cuffing, and incarceration of an innocent and incapacitated air traveler. That it was human error may seem hard to accept – the FBI agent filled out the nomination form in a way exactly opposite from the instructions on the form, a bureaucratic analogy to a surgeon amputating the wrong digit – human error, yes, but of considerable consequence. Nonetheless, this order accepts the agent’s testimony.
The judge goes on in the ruling to describe some of the various abuses that the Obama administration engaged in to conceal the information from the public on realization that the petty error they had expended so much effort to conceal would be known to the court:
In stubborn resistance to letting the public and press see the details of this case, the government has made numerous motions to dismiss on various grounds, including an overbroad complete dismissal request based on state secrets. When it could not win an outright dismissal, it tried to close the trial from public view via invocation of a statutory privilege for “sensitive security information” (“SSI”), 49 U.S.C. 114(r) and 49 C.F.R. 1520.5, and the “law enforcement privilege.” Roviaro v. United States, 353 U.S. 53, 59 (1957). At least ten times the trial was interrupted and the public asked to leave so that such evidence could be presented.
Given the lengths that this administration has gone to in order to cover up a petty error made during a previous administration, one can only imagine the abuses of office and the national security and secrecy powers that they have arrogated unto themselves to cover up errors serious enough to be called war crimes.
When the Obama administration wielded the full power of the United States to prevent an international investigation of the Bush administration’s war crimes, perhaps his base which claims to care about these things should have paid more attention:
One of the little reported details from the latest batch of Wikileaks material are cables showing that the Obama Administration worked hard behind the scenes not only to prevent any investigation of torture in the United States but shutdown efforts abroad to enforce the Geneva Conventions and the Convention Against Torture. …
American officials pressured government officials, including prosecutors and judges, not to enforce international law and that this was “a very serious matter for the USG.” It was Obama’s own effort at creating a “Coalition of the Unwilling” – nations unwilling to enforce treaties on torture and war crimes when the alleged culprits are American officials. …
Just as many conservatives abandoned their principles in following George Bush blindly, many liberals have chosen to ignore Obama’s concerted efforts to protect individuals accused of war crimes.
Obama’s “most transparent administration ever” is transparently untrustworthy and abuses the powers of office to cover up errors and crimes great and utterly petty. The powers that it has arrogated unto itself are enormous. Besides the ability to scream 9/11! 9/11! Terrorists are everywhere!, which apparently is all congress and the press need to hear, the president has acquired some of the most extraordinary powers ever granted to the executive:
The administration has no burden of proof whatsoever to overcome before “disposing” of someone, even an American citizen. … When he ordered the murder of Anwar al-Awlaki, an American citizen without charging him with any crime, and without presenting any evidence to anyone, he avoided questions by hiding behind executive privilege. Only weeks later, Obama ordered another drone strike that killed Awlaki’s 16 year old son, and also refused to answer the serious questions surrounding that strike.
And there are further options:
In December 2011, President Obama signed the 2012 NDAA, codifying indefinite military detention without charge or trial into law for the first time in American history. The NDAA’s dangerous detention provisions would authorize the president – and all future presidents – to order the military to pick up and indefinitely imprison people captured anywhere in the world, far from any battlefield.
This is just too much unaccountable power to be vested in any president.
Would the people who claim to care about justice, civil rights and civil liberties please wake up?
Feb 13 2014
The Free Press is Dying in the US
The group that monitors attacks on freedom of information worldwide, Reporters Without Borders, released in 2014 Free Press Index which rates the decline of the free press in countries around the world. Not unsurprisingly, the United States dropped 13 spots from last year, now ranking just 46th among 180 countries, between Romania and Haiti. RWB lays that blame at the feet of President Barack Obama and his Attorney General Eric Holder:
In the United States (46th, -13), the hunt for leaks and whistleblowers serves as a warning to those thinking of satisfying a public interest need for information about the imperial prerogatives assumed by the world’s leading power.
The group is calling on the United Nations to monitor how member states meet their obligations to protect reporters. See the World Press Freedom Index and the 3-dimensional map “freedom of the press worldwide”
The Obama administration also came under attack by the Committee to Protect Journalists for aggressive leak prosecutions, secret subpoenas, surveillance and its marked lack of transparency and access:
Press freedom in the United States dramatically deteriorated in 2013, a special report by CPJ found.
The Obama administration’s policy of prosecuting officials who leak classified information to the press intensified with the sentencing of Chelsea Manning (then known as Pvt. Bradley Manning) to 35 years in prison and the indictment of NSA consultant Edward Snowden.
As part of its investigations into earlier leaks, the Justice Department revealed it had secretly subpoenaed the phone records of nearly two dozen Associated Press telephone lines and the emails and phone records of Fox News reporter James Rosen. The two cases, and language in the Rosen subpoena that suggested the journalist could be criminally charged for receiving the information, provoked widespread criticism. The backlash resulted in the drafting of revised Justice Department guidelines on press subpoenas and a renewed debate in the Senate of a federal shield law that would allow journalists greater protection for their sources.
As the debate moved forward in the Senate, a federal appeals court rejected an appeal by New York Times reporter James Risen in his long-term effort to protect a confidential source, setting up a likely Supreme Court showdown.
Snowden’s leak of a still unknown quantity of classified information on secret surveillance programs spurred both a national and international outcry and, after a report that Al-Jazeera’s communications had allegedly been spied on, caused journalists to fear even more for their sources. The secrecy surrounding the surveillance programs echoed a pervasive lack of transparency and openness across government agencies where, despite President Barack Obama’s promise to head the most open government in history, officials routinely refused to talk to the press or approve Freedom of Information Act requests.
Journalists faced limitations covering national security-related trials, in cases of alleged terrorism at Guantánamo Bay and in the court-martial of Manning in Virginia.
Delphine Halgand, U.S. director of Reporters Without Borders, joined [Democracy Now! ]’s Amy Goodman and Nermeen Shaikh to discuss the decline of the free press and the safety of journalists.
Aug 12 2013
Mortgage Fraud Settlement: Is a Fraud
As we have documented here at Stars Hollow, the task force that was created to pursue mortgage fraud and hold the banks accountable was, and is, a sham game to protect the banks from real relief for defrauded homeowners.
Your mortgage documents are fake!
by David Dayen, Salon
Prepare to be outraged. Newly obtained filings from this Florida woman’s lawsuit uncover a horrifying scheme
A newly unsealed lawsuit, which banks settled in 2012 for $1 billion, actually offers a different reason, providing a key answer to one of the persistent riddles of the financial crisis and its aftermath. The lawsuit states that banks resorted to fake documents because they could not legally establish true ownership of the loans when trying to foreclose.
This reality, which banks did not contest but instead settled out of court, means that tens of millions of mortgages in America still lack a legitimate chain of ownership, with implications far into the future. And if Congress, supported by the Obama Administration, goes back to the same housing finance system, with the same corrupt private entities who broke the nation’s private property system back in business packaging mortgages, then shame on all of us. [..]
Most of official Washington, including President Obama, wants to wind down mortgage giants Fannie Mae and Freddie Mac, and return to a system where private lenders create securitization trusts, packaging pools of loans and selling them to investors. Government would provide a limited guarantee to investors against catastrophic losses, but the private banks would make the securities, to generate more capital for home loans and expand homeownership.
That’s despite the evidence we now have that, the last time banks tried this, they ignored the law, failed to convey the mortgages and notes to the trusts, and ripped off investors trying to cover their tracks, to say nothing of how they violated the due process rights of homeowners and stole their homes with fake documents.
The very same banks that created this criminal enterprise and legal quagmire would be in control again. Why should we view this in any way as a sound public policy, instead of a ticking time bomb that could once again throw the private property system, a bulwark of capitalism and indeed civilization itself, into utter disarray? As Lynn Szymoniak puts it, “The President’s calling for private equity to return. Why would we return to this?”
White-collar fraud expert proves ‘mortgage-backed securities’ neither mortgage-backed nor secure
by Scott Kaufmann, The Raw Story
The forged documents were endorsed by employees of companies long bankrupt, executives who signed their name eight different ways, or “people” named “Bogus Assignee for Intervening Assignments” so that the banks could establish standing to foreclose in courts. The end result, according to white-collar fraud expert Lynn Szymoniak, is that over $1.4 trillion in mortgage-backed securities are still, to this day, based on fraudulent mortgage assignments.
The lawsuit against Wells Fargo, Bank of America, JPMorgan Chase, Citi and GMAC/Ally Bank was settled in early 2012 for $1 billion, but now that the evidence is unsealed, Szymoniak and her legal team are free to pursue the other named defendants, including HSBC, the Bank of New York Mellon, and US Bank. “I’m really glad I was part of collecting this money for the government, and I’m looking forward to going through discovery and collecting the rest of it,” Szymoniak told Salon.
Eric Holder Owes the American People an Apology
Jonathan Weil, Bloomberg News
The Justice Department made a long-overdue disclosure late Friday: Last year when U.S. Attorney General Eric Holder boasted about the successes that a high-profile task force racked up pursuing mortgage fraud, the numbers he trumpeted were grossly overstated. [..]
In an updated press release Friday, which corrected its initial release of last October, the Justice Department said a review of the cases found that the inflated figures included defendants who had been sentenced or convicted in fiscal year 2012 — not just people who had been criminally charged, as originally reported. Its original, lofty tally also included cases in which the victims weren’t distressed homeowners. [..]
What a charade. No wonder the government found it so difficult to bring a meaningful number of accounting-fraud cases against bank executives after the financial crisis. Its own books were cooked. [..]
This was the second time, mind you, that Holder’s Justice Department had pulled a stunt like this. In December 2010, Holder held a press conference to tout a supposed sweep by the president’s Financial Fraud Enforcement Task Force called “Operation Broken Trust.” (The mortgage-fraud program was part of the same task force.) As with the mortgage-fraud initiative, Broken Trust wasn’t actually a sweep. All the Justice Department did was lump together a bunch of small-fry, penny-ante fraud cases that had nothing to do with one another. Then it held a press gathering.
Between this sham that protects the banks and the egregious violations of the press and privacy of all Americans with abusive use of FISA, Eric Holder owes us more than an apology, he owes us his resignation as Attorney General.