Tag: Department of Justice

Anonymous Strikes Back Against FBI & Music Industry

This afternoon in raids that extended as far as New Zealand, the FBI took down on of the most populars websites in the world, Magaupload.com charging them with internet piracy seizing $50 million in assets and arresting seven people, four in New Zealand. Who needed SOPA?

Megaupload left this comment before the website went dark:

“The fact is that the vast majority of Mega’s Internet traffic is legitimate, and we are here to stay. If the content industry would like to take advantage of our popularity, we are happy to enter into a dialogue. We have some good ideas. Please get in touch.”

Not long after Meguploads was shut down and the news hit the web, this happened

Hacktivists with the collective Anonymous are waging an attack on the website for the White House after successfully breaking the sites for the FBI, Department of Justice, Universal Music Group, RIAA and Motion Picture Association of America. [..]

“It was in retaliation for Megaupload, as was the concurrent attack on Justice.org,” Anonymous operative Barrett Brown tells RT on Thursday afternoon. [..]

Brown adds that “more is coming” and Anonymous-aligned hacktivists are pursuing a joint effort with others to “damage campaign raising abilities of remaining Democrats who support SOPA.”

Although many members of Congress have just this week changed their stance on the controversial Stop Online Piracy Act, or SOPA, the raid on Megaupload Thursday proved that the feds don’t need SOPA or its sister legislation, PIPA, in order to pose a blow to the Web.

Brown adds that operatives involved in the project will use an “experimental campaign” and search engine optimization techniques “whereby to forever saddle some of these congressmen with their record on this issue.”

Despite the loss of support for SOPA and PIPA Wednesday night, the Democrats remain the chief sponsors of the bills. MPAA CEO Chris Dodd, the former Democratic senator from Connecticut that blocked all financial reform, and his cohort, former Senate Democrat, now Independent, Sen. Joseph Lieberman have admitted that they want to copy Chinese style censorship. In an guest post article at naked capitalism, Washington’s Blog George Washington follows the money from Hollywood’s music and film industry to the Democrats in the Senate who are the “pillars of support for PIPA”:

Far and away, the top beneficiary in the Senate from interest groups that support PIPA is Sen. Barbara Boxer (D-CA), who’s taken in just short of a million dollars from those groups, according to data from OpenSecrets.org. She’s also the most recent Senator to co-sponsor PIPA, adding her name to the list on Dec. 12. The runner-up is Sen. Al Franken (D-MN), who’s taken $777,383 from PIPA-supporting interest groups, and has co-sponsored the bill since May 2011.

In fact, a list of the top 20 beneficiaries of special interest money in favor of PIPA reads like a list of the Senate’s most influential Democrats: Sen. Kristen Gillibrand (D-NY) in third; Sen. Harry Reid (D-NV) in fourth; Sen. Chuck Schumer (D-NY) in fifth; Sen. Patrick Leahy (D-VT), the bill’s primary sponsor, in sixth; Sen. Dianne Feinstein (D-CA) in seventh; Sen. Claire McCaskill (D-MO) in eighth; Sen. Sheldon Whitehouse (D-RI) in ninth; and Sen. Michael Bennet (D-CO) in tenth.

The list goes on like that until Sen. Mitch McConnell (R-KY), who places 15th with $274,600 in special interest money promoting PIPA. He has not yet announced an official position on the bill. The only other Republican on the list of the top 20 PIPA beneficiaries in the Senate is Sen. Bob Corker (R-TN), in 19th place with $212,312. Corker is one of the bill’s co-sponsors.

I have to give at least one Democrat credit although she is not in the Senate, House Minority Leader Nancy Pelosi (D-CA) opposed SOPA.

This is far from over.

Investigating Fannie & Freddie But Not The Banks

Another slap on the wrist by the government for the banks that caused the housing bubble and the crash that sank the economy world wide with unregulated derivatives and credit default swaps:

DoJ Settles – Again – With Countrywide on Fair Lending Claim

by David Dayen

The Department of Justice has announced a $335 million settlement with Countrywide, the former subprime mortgage giant now subsumed into Bank of America, on claims of housing discrimination.

   The Justice Department on Wednesday announced the largest residential fair-lending settlement in history, saying that Bank of America had agreed to pay $335 million to settle allegations that its Countrywide Financial unit discriminated against black and Hispanic borrowers during the housing boom.

   A department investigation concluded that Countrywide had charged higher fees and rates to more than 200,000 minority borrowers across the country than to white borrowers who posed the same credit risk. It also steered more than 10,000 minority borrowers into costly subprime mortgages when white borrowers with similar credit profiles received prime loans, the department said.

   The pattern and practice covered the years 2004 to 2008, before Countrywide was acquired by Bank of America.

   “The department’s actions against Countrywide makes clear that we will not hesitate to hold financial institutions accountable, including one of the nation’s largest, for discrimination,” Attorney General Eric H. Holder Jr. said. “These institutions should make judgments based on applicants’ creditworthiness, not on the color of their skin.”

I’m waiting for someone to hold financial institutions accountable for discrimination against every one of its customers, by defrauding them and destroying the residential home mortgage market. That’s obviously not going to happen here.[..]

Here’s the settlement agreement, and once again you see that Countrywide doesn’t have to admit wrongdoing for their crimes.

But the Department of Justice and the Securities and Exchange Commission will enthusiastically pursue the one agency that didn’t cause the crash but just inherited it, at tax payers expense:

FBI Now Investigating Fannie Mae and Freddie Mac

by David Dayen

The walls have closed in over the past couple weeks on mortgage giants Fannie Mae and Freddie Mac. The SEC charged former CEOs and executives at the companies with fraud. California Attorney General Kamala Harris sued them for imformation (sic)in a wide-ranging fraud investigation. And now we learn that the FBI is investigating them[..]

If Fannie and Freddie are guilty of misleading investors, they deserve to pay the penalty. And yet, I do sense more enthusiasm to go after these government sponsored enterprises than to go after the private banking firms which were far more responsible for subprime. This feeds a false narrative that government somehow caused the financial crisis by forcing lending to poor people. Fannie and Freddie followed the market in subprime and did not originate it.

Obama Wants DADT Reinstated (Up Dated)

The Department of Justice has filed a brief in the 9th Circuit Court to reinstate DADT that was ordered immediately stopped by the court. The brief cited “real and immediate harm.” Now remember, the DOJ has decided not to enforce the “Defense of Marriage Act” (DOMA) or to defend it from being overturned as it winds its way through the courts. Knowing that, I would not want to be the US Attorney trying to explain the rational for this request to the judges of the 9th Circuit.

David Dayen at FDL sheds some light on this seemingly paradoxical pursuit:

The meat of the DoJ order is right here:

   In sum, the government argues that lifting the stay unjustifiably takes the authority for repealing DADT away from the executive branch and it does so, at least in part, because of confusion by the Ninth Circuit panel regarding the DOJ’s view of whether DADT is constitutional after the passage of the repeal act and regarding the application of the DOJ’s DOMA decisions to military laws like DADT.

The executive branch wants to defend its policy work and doesn’t want the court bigfooting around finding its laws unconstitutional. Unless we’re talking about DOMA, where that’s precisely what DoJ has requested.

It looks like a question of who gets the power to overturn DADT. The President wants his signing ceremony.

The court is confused? Well, they’re not alone and that twisted argument made my back hurt. The reality is that this is all about the president’s ego and reelection and those pesky gays should be grateful.

Up Date: From John Aravosis at AMERICAblog Gay

9th Circuit again tells Obama administration to stop discharging gays

Oral arguments are set for September 1st in Pasadena, CA.

9th Circuit Court Orders Military To Stop Enforcing DADT

Court Rules Against Ban on Gays in the Military

The government must stop enforcing the law that prohibits openly gay men, lesbians and bisexuals from serving in the military, a federal appeals court ruled on Wednesday.

A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the group Log Cabin Republicans.

In 2010, a federal judge in California, Virginia A. Phillips, ruled that the law was unconstitutional and ordered the government to stop enforcing it. That decision was appealed to the Ninth Circuit, which issued a stay allowing the government to continue enforcing the policy as it made its way through the courts.

Congress repealed the policy last year, but called for a lengthy process of preparation, training and certification, still under way, before ending it. While the government has significantly narrowed enforcement, some discharges continued. And while the Obama administration had advocated the Congressional repeal, it had asked the court to keep the stay in place until the policy could be ended in an orderly fashion.

This is very welcome news. Joe Sudbay at AMERICAblog Gay gives the best explanation of what this ruling means:

The Ninth Circuit Court of Appeals lifted the stay of the District Court’s injunction against enforcing DADT. When DADT was found unconstitutional in the Log Cabin case last October, the District Court judge issued an injunction against its enforcement. And, Judge Phillips refused to grant a stay pending appeal. Despite numerous requests (including 21 U.S. Senators) that the Department of Justice not appeal this decision, DOJ did. DOJ also immediately went to the Ninth Circuit asking for a stay pending appeal, which was granted. Today, the Ninth Circuit lifted that stay, meaning DADT can’t be enforced anywhere in the world.

It is still not safe for gays in the military to reveal themselves. Lt. Col. Victor Fehrenbach, deocrated US Air Force fighter pilot, appeared with Rachel Maddow to discuss the aspects of this latest ruling

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