Tag: Eric Holder

Cross posted from The Stars Hollow Gazette

Try as President Barack Obama and Attorney General Eric Holder might to denounce torture their actions with the last round of nominees and appointments to crucial positions speak louder than their words. First is was John Brennan to head the CIA, whose dubious record during the Bush/Cheney regime on torture and covering up war crimes was glossed over by Obama. Then there is Director of National Intelligence James Clapper, an inveterate liar who has a memory problem as well, “I forgot the Patriot Act.” Really? Clapper also served as an executive for Booz Allen Hamilton, a private security company contracted to gather data for the NSA, who employed Edward Snowden.

Now, the director of the Federal Bureau of Investigations (FBI) Robert Mueller is retiring and who does Obama choose to replace him? Another Bush crony, James B. Comey, who served as deputy attorney general from 2003 to 2005. Comey, as has been hammered by the Obama administration supporters, blocked, along with Mueller, the Bush administration’s attempt to renew a still secret and illegal surveillance program on Americans’ electronic communications. That incident is only part of Comey’s record at DOJ which includes his support of torture, warrantless wiretapping, and indefinite detention. In her article at The Guardian, Laura Murphy reviews Comey stands on these issues and questions just what illegal surveillance program did Comey oppose so much he would resign over it?

On Torture

On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure”. The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.

In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law. [..]

On Warrantless Wiretapping

While, to his credit, (Comey) he immediately began raising concerns (pdf), the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey’s hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department’s Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with (pdf).

This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to.

On Indefinite Detention

The final stain on Comey’s record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him

In a letter to Comey, two Democratic senators, Senators Richard J. Durbin of Illinois and Sheldon Whitehouse of Rhode Island, expressed concern on Wednesday about Mr. Comey’s views on waterboarding and his role in approving “enhanced interrogation techniques” while at the Justice Department in the George W. Bush administration. They are asking Comey to explain his e-mail of April, 2005, where he gave his approval of 13 interrogation techniques that included waterboarding.

. . Mr. Comey gave his assent to a Justice Department legal opinion that authorized the C.I.A. to use 13 interrogation methods, including waterboarding and up to 180 hours of sleep deprivation. The opinion “was ready to go out and I concurred,” Mr. Comey wrote to a colleague in an April 27, 2005, e-mail message obtained by The New York Times.

But he said in the e-mail that he disagreed with another legal opinion addressing the “combined effects” of the harsh methods, suggesting that their use in combination might be illegal. He recorded his views in e-mails to Chuck Rosenberg, then his chief of staff, as if deliberately creating a record in case his position might become relevant to his record in the future, as it has.

Appointing Comey to head the FBI is a another slap in the face to voters to whom Mr. Obama promised that he would end the Bush era abuses. Instead, Mr. Obama and his appointees not only continued these programs but covered up the wrong doing of the past, reinforcing and expanding the abuses.

This is what Barack believes.

Cross posted from The Stars Hollow Gazette

I’m proud to be here as you host World Press Freedom Day.  So everybody from the American press corps, you should thank the people of Costa Rica for celebrating free speech and an independent press as essential pillars of our democracy.

~President Obama

Remarks by President Obama and President Chinchilla of Costa Rica in a Joint Press Conference, in National Center for Art and Culture San Jose, Costa Rica, 10 days ago.

That was so ten days ago. The news broke that Obama Department of Justice had secretly seized two months of phone records of the Associated Press reporters and editors.

The government would not say why it sought the records. Officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have provided information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.

In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP’s source, which he denied. He called the release of the information to the media about the terror plot an “unauthorized and dangerous disclosure of classified information.”

Prosecutors have sought phone records from reporters before, but the seizure of records from such a wide array of AP offices, including general AP switchboards numbers and an office-wide shared fax line, is unusual.

The president and CEO of AP, Gary Pruitt sent a letter protesting the “massive and unprecedented intrusion” (pdf):

Last Friday afternoon, AP General Counsel Laura Malone received a letter from the office of United States Attorney Ronald C. Machen Jr. advising that, at some unidentified time earlier this year, the Department obtained telephone toll records for more than 20 separate telephone lines assigned to the AP and its journalists. The records that were secretly obtained cover a full two-month period in early 2012 and, at least as described in Mr. Machen’s letter, include all such records for, among other phone lines, an AP general phone number in New York City as well as AP bureaus in New York City, Washington, D.C., Hartford, Connecticut, and at the House of Representatives. This action was taken without advance notice to AP or to any of the affected journalists, and even after the fact no notice has been sent to individual journalists whose home phones and cell phone records were seized by the Department.

There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know.(my emphasis)

h/t to Marcy Wheeler who points out the two months, April to May of 2012, that were of interest covered the period that, now CIA Director, John Brennan had rolled out his drone propaganda campaign:

That would mean they’d get the sources for this Kimberly Dozier story published May 21 [..]

Within 10 days of the time Dozier published that story, John Brennan had rolled out an enormous propaganda campaign – based on descriptions of the drone targeting process that Brennan’s power grab had replaced, not the new drone targeting process – that suckered almost everyone commenting on drones that drone targeting retained its previous, more deliberative, targeting process, the one Brennan had just changed.

And that propaganda campaign, in turn, hid another apparent detail: that UndieBomb 2.0, a Saudi sting had actually occurred earlier in April, and that UndieBomb 2.0 preceded and perhaps justified the signature strikes done at the behest of the Yemenis (or more likely the Saudis).

Marcy listed the timeline of the AP stories that were focused on Brennan and the undie bomber. However, it was after the Dozier story that  Brennan began his propaganda campaign to cover up how illegal and uncontrollable the drone program is.

Comparing this to Nixon and Watergate, Charles P. Pierce goes full throttle on why Eric Holder should be fired:

This isn’t hard. This is what made Egil (Bud) Krogh famous. This is what got people sent to jail in the mid-1970’s. This is the Plumbers, all over again, except slightly more formal this time, and laundered, disgracefully, even more directly through the Department Of Justice. And of course, this is not nearly good enough. And even if you point out, as you should, that the AP is hyping this story a little — The government “secretly” obtained the records? Doesn’t that imply that nobody knew the records had been seized? Wasn’t there a subpoena? The phone companies knew. — the ignoble clumsiness of this more than obviates those particular quibbles.

The White House on Monday said that other than press reports it had no knowledge of Justice Department attempts to seek AP phone records. “We are not involved in decisions made in connection with criminal investigations, as those matters are handled independently by the Justice Department,” spokesman Jay Carney said.

That is all my arse. At the least, this was a counter-terrorism operation. (Why else would Brennan have been questioned already?). Which puts the whole business inside the White House. And you’d have to be a toddler or a fool to believe that Eric Holder could go off on his own and take as politically volatile a step as this. But, let us take the White House at its word. Eric Holder did this by himself. He should be gone. This moment. Not only is this constitutionally abhorrent, it is politically moronic. Nobody likes the press, I will grant you that, but the administration is soft if it thinks the public distrusts the press that much. And to have this genuinely chilling revelation emerge simultaneously with the Benghazi, Benghazi!, BENGHAZI! mummery and the IRS dumbassery is pretty much a full broadside below the water line of this administration’s credibility. Good god, this is going to be one long-ass summer.

Pres. Obama needs to do damage control starting with throwing Holder to the wolves. I suspect this will be the next congressional investigation in an effort to not just derail Hillary Clinton’s 2016 campaign but to build a case for impeachment of Obama for abuse of his executive powers. A long hot summer, indeed.

Cross posted from The Stars Hollow Gazette

The shame of the Democrats and the so-called progressives is that it was a Tea Party Republican, Sen. Rand Paul (R-KY), who stood up for civil liberties and the ever expanding executive power with his thirteen hour filibuster. In his article at The Guardian, Glenn Greenwald shreds the progressive Democratic myths and distortions about Sen. Paul’s filibuster and its importance.

In Glenn’s first point, he notes the lack of any empathy for the those whose rights are most abused and dismissed with an “it’s not me; it’s them” attitude.

(1) Progressives and their “empathy gap”

The US government’s continuous killing, due-process-free imprisonment, and other rights abuses under the War on Terror banner has affected one group far more than any other: Muslims and, increasingly, American Muslims. Politically, this has been the key fact enabling this to endure. Put simply, if you’re not Muslim, it’s very easy to dismiss, minimize or mock these issues because you can easily tell yourself that they don’t affect you or your family and therefore there is no reason to care. And since the vast, vast majority of Democratic politicians and progressive media commentators are not Muslim, one continuously sees this mentality shaping reaction to these issues. [..]

For a political faction that loves to depict itself as the champions of “empathy”, and which reflexively accuses others of having their political beliefs shaped by self-interest, this is an ironic fact indeed. It’s also the central dynamic driving the politics of these issues: the US government and media collaborate to keep the victims of these abuses largely invisible, so we rarely have to confront them, and on those rare occasions when we do, we can easily tell ourselves (false though the assurance is) that these abuses do not affect us and our families and it’s therefore only “paranoia” that can explain why someone might care so much about them.

Second, what Sen. Paul’s critics missed, or just blithely ignored, was that this was about the president’s claim to have the authority to assassinate an American citizen on American soil, or for that matter, anywhere else.

(2) Whether domestic assassinations are imminent is irrelevant to the debate

To focus on that attack is an absurd strawman, a deliberate distraction from the real issues, a total irrelevancy. That’s true for two primary reasons.

First, the reason this question matters so much – can the President target US citizens for assassination without due process on US soil? – is because it demonstrates just how radical the Obama administration’s theories of executive power are. Once you embrace the premises of everything they do in this area – we are a Nation at War; the entire globe is the battlefield; the president is vested with the unchecked power to use force against anyone he accuses of involvement with Terrorism – then there is no cogent, coherent way to say that the president lacks the power to assassinate even US citizens on US soil. That conclusion is the necessary, logical outcome of the premises that have been embraced. That’s why it is so vital to ask that. [..]

Second, presidents change, and so do circumstances. The belief that Barack Obama – despite his record – is too kind, too good, too magnanimous, too responsible to target US citizens for assassination on US soil is entirely irrelevant. At some point, there will be another president, even a Republican one, who will inherit the theories he embraces. Moreover, circumstances can change rapidly, so that – just as happened with 9/11 – what seems unthinkable quickly becomes not only possible but normalized.

In his third and final point, debunks the argument that this was over Holder’s first letter to Sen Paul, not that his second was any more satisfactory.

(3) Holder did not disclaim the power to assassinate on US soil

Indeed, the whole point of the Paul filibuster was to ask whether the Obama administration believes that it has the power to target a US citizen for assassination on US soil the way it did to Anwar Awlaki in Yemen. The Awlaki assassination was justified on the ground that Awlaki was a “combatant”, that he was “engaged in combat”, even though he was killed not while making bombs or shooting at anyone but after he had left a cafe where he had breakfast. If the Obama administration believes that Awlaki was “engaged in combat” at the time he was killed – and it clearly does – then Holder’s letter is meaningless at best, and menacing at worst, because that standard is so broad as to vest the president with exactly the power his supporters now insist he disclaimed.

The phrase “engaged in combat” has come to mean little more than: anyone the President accuses, in secrecy and with no due process, of supporting a Terrorist group. Indeed, radically broad definitions of “enemy combatant” have been at the heart of every War on Terror policy, from Guantanamo to CIA black sites to torture. [..]

At best, Holder’s letter begs the question: what do you mean when you accuse someone of being “engaged in combat”? And what are the exact limits of your power to target US citizens for execution without due process? That these questions even need to be asked underscores how urgently needed Paul’s filibuster was, and how much more serious pushback is still merited. But the primary obstacle to this effort has been, and remains, that the Democrats who spent all that time parading around as champions of these political values are now at the head of the line leading the war against them.

This is not a country of secret laws and courts. It is incumbent on the Congress to do its Constitutional duty to question the Executive Branch and hold it in check when it over steps its Constitutional authority.

That this president has expressed the belief that he has the authority to assassinate Americans without due process, and in fact has, should be abhorrent to every American no matter which side of the aisle you favor.  

Cross posted from The Stars Hollow Gazette

Between having to admit that it was too big to prosecute (TBTP) the Too Big To Fail (TBTF) banks, his testimony on the legality of targeted assassinations and having to clarify lethal drone attacks on Americans in America after Rand Paul’s thirteen hour filibuster, Attorney General Eric Holder has not has a good week.

In his testimony before the Senate Judiciary Committee, AG Holder responded to Iowa Republican Sen. Chuck Grassley’s concern that the “mentality of too-big-to-jail in the financial sector” was leading to the spread of terrorism (re:HSBC) with this:

HOLDER: The concern that you have raised is one that I, frankly, share. And I’m not talking about HSBC now. That (inaudible) be appropriate.

But I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large.

Never mind laundering money for terrorist activity and giving it a pass, it’s all about protecting the world’s 1%. The Federal Reserve just keeps handing them $83 billion in handouts every year while Obama negotiates away Social Security and Medicare benefits at fancy dinners in Washington posh hotels with Republicans.

If they’re TBTP, then it time to break them up

Then came Kentucky’s Republican Sen. Rand Paul’s pique over Mr. Holder’s failure to answer three inquiries regarding armed drone attacks on Americans on American soil. Sen Paul’s 13 hour filibuster which at times bizarre (you try talking for that long and not sound a little weird) causing Mr. Holder to back off on his assertion that the president can do just that. In his second letter, Mr. Holder told Sen. Paul that the president would not have the authority to order a drone to kill an American citizen on U.S. soil who was “not engaged in combat.”. How nice, he can’t use drones. But AG holder can take solace, the author of the Bush administration legal memos justifying the use of torture, John Yoo, thinks thinks “President Obama is really getting too much grief over targeted killing“:

“I admire libertarians but I think Rand Paul’s filibuster in many ways is very much what libertarians do, they make these very symbolic gestures, standing for some extreme position,” said Yoo, now a UC Berkeley law professor, who once suggested it was okay for the president to order a child’s testicles be crushed. Referring to Paul’s marathon filibuster, an attempt to force the Obama administration to clarify its views on the use of military force against terror suspects in the United States, Yoo said “It sort of reminds me of young kids when they first read The Fountainhead or Atlas Shrugged and they suddenly think that federal taxation equals slavery and they’re not going to pay any federal taxes anymore.” Yoo’s statements were made on a conference call Thursday held by the Federalist Society, an influential conservative legal organization.

Now that’s an endorsement you can take to a war crimes trial.

It is unconstitutional to target a group or an individual without due process under Article I, Section 10, Clause 1 of the Constitution which bans bills of attainder, and the Fifth Amendment.

So long as this president has a list of people he thinks can be targeted for assassination without due process, by armed drone or any other means, there are should to be questions and not just from a handful of Tea Party Libertarians. As for AG Holder, if he can’t prosecute banks or uphold the Constitution, then he should be fired, resign or impeached.

Cross posted from The Stars Hollow Gazette

Without comment from Marcy Wheeler at emptywheel:

As TPM’s Ryan Reilly noted yesterday (link to come), among the awards Attorney General Eric Holder gave out at yesterday’s Attorney General’s Award Ceremony was a Distinguished Service Award to John Durham’s investigative team that chose not to prosecute Jose Rodriguez or the torturers who killed their victims.

   The 13th Distinguished Service Award is presented to team members for their involvement in two sensitive investigations ordered by two different Attorneys General. In January 2007, Attorney General Michael Mukasey asked Assistant U.S. Attorney John Durham to lead a team that would investigate the destruction of interrogation videotapes by the CIA. Assistant U.S. Attorney Durham assembled the team and began the investigation. Then, in August 2009, Attorney General Holder expanded Assistant U.S. Attorney Durham’s mandate to include a preliminary review of the treatment of detainees held at overseas locations. This second request resulted in the review of 101 detainee matters that led to two full criminal investigations. In order to conduct the investigations, the team had to review significant amounts of information, much of which was classified, and conduct many interviews in the United States and at overseas locations.



The timing on this award-coming even as DOJ aggressively prosecutes John Kiriakou for talking about this torture-is particularly cynical.

Holder also presented a Distinguished Service Award to the team that crafted a $25 billion settlement effectively immunizing the banksters for engaging in systemic mortgage fraud.

   The third Distinguished Service Award is presented to the individuals involved in procuring a $25 billion mortgage servicing settlement between the United States, 49 state attorneys general and the five largest mortgage servicers, representing the largest federal-state settlement in history.   The settlement includes comprehensive new mortgage loan servicing standards, $5 billion to state and federal treasuries and borrowers who lost their homes to foreclosure, $20 billion in consumer relief and a $1 billion resolution of False Claims Act recoveries by the Eastern District of New York.

As DDay has documented relentlessly, the settlement is little more than kabuki, with most of the “consumer relief” consisting of actions the banks were already taking.

Cross posted from The Stars Hollow Gazette

Surprise, surprise. As reported in the New York Times Dealbook, John Corzine, former New Jersey Senator, Governor and CEO of the now defunct MF Global, has been given a pass by Attorney General Eric “It’s too hard” Holder for defrauding investors of about $1 billion.

After 10 months of stitching together evidence on the firm’s demise, criminal investigators are concluding that chaos and porous risk controls at the firm, rather than fraud, allowed the money to disappear, according to people involved in the case.

The hurdles to building a criminal case were always high with MF Global, which filed for bankruptcy in October after a huge bet on European debt unnerved the market. But a lack of charges in the largest Wall Street blowup since 2008 is likely to fuel frustration with the government’s struggle to charge financial executives. Just a few individuals – none of them top Wall Street players – have been prosecuted for the risky acts that led to recent failures and billions of dollars in losses. [..]

Over at FDL, here is masacchio‘s take on those damned “high hurdles” that the “jury” of Justice Department Wall St. cronies can’t seem to leap:

And by jury, I mean the candy ass prosecutors at the Department of Justice, who have made an in-house decision that it’s just too hard to indict anyone at MF Global, including friend of Barack Jon Corzine, for stealing billions of customer dollars. It’s just impossible that a friend of Eric Holder’s could be found to be criminally responsible for allowing a company to steal money from its customers to give to its bank, especially when the bank is the much-loved JPMorgan Chase. After all, the Department of Eric Holder is made up of peers of the MF Global crowd, so it’s just like a real trial.

These chicken-shits have been telling reporters from the beginning that there were really high hurdles to prosecution, as if this were some sort of Olympic event. They tell the reporters that “chaos and porous risk controls at the firm, rather than fraud, allowed the money to disappear”. The billions in losses were beyond human control, and nothing can be done, a phrasing which perfectly mirrors DOJ’s passivity in the face of one of the biggest heists in history.

It’s just too hard to investigate fraud. Investors are so screwed.

Cross posted from The Stars Hollow Gazette

President Barack Obama has resumed drone attacks into Pakistan and sends one of is lackeys to defend it as legal, blithely dismissing civilian casualties:

Fresh off of an interview yesterday in which he shrugged off civilian killings in the US drone war, top White House adviser John O. Brennan was ordered to provide more “openness” on the program at a speech today in Washington.

Fresh off of an interview yesterday in which he shrugged off civilian killings in the US drone war, top White House adviser John O. Brennan was ordered to provide more “openness” on the program at a speech today in Washington.

NEW YORK – April 30 – President Obama’s top counter-terrorism adviser today publicly confirmed that the United States conducts targeted killings of suspected terrorists using drones.

In a speech this afternoon at the Woodrow Wilson Center in Washington, John Brennan insisted the targeted strikes are a “wise choice” and “legal” and within the boundaries of international law. However, ACLU Deputy Legal Director Jameel Jaffer said Brennan’s statement did not go far in explaining how the program passed constitutional muster.

“This is an important statement – first because it includes an unambiguous acknowledgement of the targeted killing program and second because it includes the administration’s clearest explanation thus far of the program’s purported legal basis.” Jaffer said.

“But Mr. Brennan supplies legal conclusions, not legal analysis. We continue to believe that the administration should release the Justice Department memos underlying the program – particularly the memo that authorizes the extrajudicial killing of American terrorism suspects. And the administration should release the evidence it relied on to conclude that an American citizen, Anwar al-Aulaqi, could be killed without charge, trial, or judicial process of any kind.”

Brennan maintained the Obama administration was committed to transparency when it came to deciding who would be subject to lethal drone strikes. But Hina Shamsi, director of the ACLU National Security Project, said the program is both unconstitutional and overly broad.

“We continue to believe, based on the information available, that the program itself is not just unlawful but dangerous. This statement makes clear that the administration is treating legal restrictions on the use of force as questions of preference. Moreover, it is dangerous to characterize the entire planet as a battlefield,” Shamsi said.

“It is dangerous to give the President the authority to order the extrajudicial killing of any person – including any American – he believes to be a terrorist. The administration insists that the program is closely supervised, but to propose that a secret deliberation that takes place entirely within the executive branch constitutes ‘due process’ is to strip the Fifth Amendment of its essential meaning.”

Representatives of Human Rights Watch and Amnesty International USA said they welcomed the unprecedented public acknowledgement of the drone campaign by John Brennan, assistant to the president for homeland security and counterterrorism.

But they said there are still serious questions about whether drone attacks on suspected millitants are legal under international law.

“Where there’s a war, for example in Afghanistan, [drone strikes] are a legitimate weapon of war,” said Tom Parker, a former British government security official who is now head of Amnesty International’s counter-terrorism program. “The problem comes when you make the unprecedented claim that you are in a world-wide conflict with a non-state actor.”

“We don’t believe that the justification [offered by Mr. Brennan] stands up under international humanitarian law,” he added.

Here is a report from Kevin Gosztola at FDL on Obama’s Death Panels and the videos of the speech given by Jeremy Scahill of The Nation:

Activists, lawyers, human rights advocates, civil liberties defenders and others came together for a major international summit on drone warfare and the issues created by drone use yesterday. The summit was co-organized by CODEPINK, the Center for Constitutional Rights and Reprieve. An exceptional lineup of speakers addressed participants detailing salient and significant aspects around the Obama administration’s expansion of the covert drone wars in countries like Pakistan, Somalia and Yemen. [..]

Scahill opens his speech by saying, “The real death panels that we have in this country were unleashed on our own citizens. Republicans like to talk about death panels having to do with health care. President Obama is the one that is operating secret death panels” that include United States citizens and often include non-US citizens. The vast majority of the victims of this policy around the world are not US citizens.

Cross posted from The Stars Hollow Gazette

President Barack Obama: “Drones? Drone attacks? Mr. Holder, do you know anything about this?

United States Attorney General Eric Holder, “I’ve never heard of drones, Mr. President. Leon, what do you hear from the generals?

Former Director of the CIA and current Secretary of Defense Leon Panetta, “No, Eric, I have no information about drones. Perhaps, Director Petraeus would know about these drones”

The three men look around the room for CIA Director David Petraeus. He’s  nowhere to be found.

That fictional conversation never took place but the Obama administration would now like us all to believe that they cannot even confirm or deny the existence of a drone program at all without seriously damaging national security. Huh? They really don’t expect anyone to accept that statement that was made in response to an ACLU lawsuit under the Freedom of Information Act requesting the “the government to disclose the legal basis for its use of predator drones to conduct “targeted killings” overseas. In particular, the ACLU seeks to find out when, where and against whom drone strikes can be authorized, and how the United States ensures compliance with international laws relating to extrajudicial killings.”

Glenn Greenwald in an in depth article at Salon dissected this laughable “defense” of national security about predator drones, targeted assassinations and Obama’s taking “Bush’s secrecy games one step further“:

What makes this so appalling is not merely that the Obama administration demands the right to kill whomever it wants without having to account to anyone for its actions, choices or even claimed legal authorities, though that’s obviously bad enough [..]

What makes it so much worse is how blatantly, insultingly false is its claim that it cannot confirm or deny the CIA drone program without damaging national security.

Numerous Obama officials – including the President himself and the CIA Director – have repeatedly boasted in public about this very program. Obama recently hailed the CIA drone program by claiming that “we are very careful in terms of how it’s been applied,” and added that it is “a targeted, focused effort at people who are on a list of active terrorists, who are trying to go in and harm Americans, hit American facilities, American bases and so on.” Obama has told playful jokes about the same drone program. Former CIA Director and current Defense Secretary Leon Panetta also likes to tell cute little jokes about CIA Predator drones, and then proclaimed in December that the drone program has “been very effective at undermining al Qaeda and their ability to plan those kinds of attacks.” Just two weeks ago, Attorney General Eric Holder gave a speech purporting to legally justify these same drone attacks.

“Cute little jokes”? Is that like President George W. Bush’s “cute” little video looking for weapons of mass destruction in the Oval Office? I don’t think the people who have lost family and friends and had their lives destroyed by America’s misadventures in the Middle East think this is amusing.

And just where is the secret? Everyone in the world is talking about the predator drone program that has killed more innocent people than Al Qaeda operatives and put the US relationship with ally Pakistan on very thin ice. Just this weekend there was a long article in The Washington Post with an unnamed CIA official who was directing drone attacks in Pakistan:

Roger, which is the first name of his cover identity, may be the most consequential but least visible national security official in Washington – the principal architect of the CIA’s drone campaign and the leader of the hunt for Osama bin Laden. In many ways, he has also been the driving force of the Obama administration’s embrace of targeted killing as a centerpiece of its counterterrorism efforts.

Glenn further notes that this fixation of the Obama administration on secrecy, as evidenced by its increased prosecution of whistleblowers, is a means to protect itself from rule of our laws. He quotes from President G.W.Bush DOJ lawyer Jack Goldsmith, who defended executive authority and secrecy powers but recognized that Obama was taking this too:

First, it is wrong . . . for the government to maintain technical covertness but then engage in continuous leaks, attributed to government officials, of many (self-serving) details about the covert operations and their legal justifications.  It is wrong because it is illegal.  It is wrong because it damages (though perhaps not destroys) the diplomatic and related goals of covertness.  And it is wrong because the Executive branch seems to be trying to have its cake (not talking about the program openly in order to serve diplomatic interests and perhaps deflect scrutiny) and eat it too (leaking promiscuously to get credit for the operation and to portray it as lawful).

This can be filed under the “You’ve Got To Be Kidding” defense.

Drones? What drones? Hmm. Ask Iran, maybe they know something about this drone thing.

Cross posted from The Stars Hollow Gazette

US Attorney General Eric Holder asserted in a speech at Northwestern University’s law school that it is lawful for the government to kill American citizens if officials deem them to be operational leaders of Al Qaeda who are planning attacks on the United States and if capturing them alive is not feasible. He did this without legal citations or footnotes to the speech. Eric Holder needs to reread the Constitution, in particular the 5th, 6th, and 14th amendments, with an emphasis on the 6th

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

There are seven rights in just that one amendment that go to the heart of the principles of the judicial process:

   1. The right to a speedy trial

   2. The right to a public trial

   3. The right to be judged by an impartial jury

   4. The right to be notified of the nature and circumstances of the alleged crime

   5. The right to confront witnesses who will testify against the accused

   6. The right to find witnesses who will speak in favor of the accused

   7. The right to have a lawyer

“Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.”

And according to the 5th Amendment‘s brief but very clear language, no person “be deprived of life, liberty, or property, without due process of law.”

Law professor Jonathan Turley wrote at his blog that Holder has promised to kill citizens with care. That, in effect, is the pledge the Obama administration’s attorney general says has replaced our constitutional protections:

[..]The good news is that Holder promised not to hunt citizens for sport. Holder proclaimed that:

   “The president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war – even if that individual happens to be a US citizen.”

The use of the word “abroad” is interesting since senior administration officials have asserted that the president may kill an American anywhere and anytime, including in the United States. Holder’s speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added, “Our legal authority is not limited to the battlefields in Afghanistan.” [..]

Holder became particularly cryptic in his assurance of caution in the use of this power, insisting that they will kill citizens only with “the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States.” What on earth does that mean? [..]

He was more clear in establishing that due process itself is now defined differently than it has been defined by courts since the start of this Republic. He declared that “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.'” Of course, from any objective standpoint, that statement is absurd and Orwellian. It is basically saying that “we will give the process that we consider due to a target.” His main point was that “due process” will now no longer mean “judicial process.” [..]

This Administration has consistently maintained that courts do not have a say in such matters. Instead, they simply define the matter as covered by the Law Of Armed Conflicts (LOAC), even when the conflict is a war on terror. That war, they have stressed, is to be fought all around the world, including the United States. It is a battlefield without borders as strikes in other countries have vividly demonstrated.

Brian Sonenstein at FDL calls for action:

Since the whole world is a battlefield in the vague ‘war on terror,’ the only due process afforded to someone who has been targeted for extrajudicial execution is a secret ‘review’ by the panel of senior officials in the executive branch.

Just as the public demanded the release of the Bush Administration’s Torture Memos to expose the ludicrous rationale behind their secret torture program, we too must demand to know the legal rationale for a program that allows our president to unilaterally choose to deprive someone of life and liberty – without any oversight or recourse available to the victim.

Holder’s speech was a cheap attempt to feign transparency without actually releasing the legal memos that define the administration’s execution program. We need your help to demand the Obama administration release these memos immediately so there can be an open public debate about Executive power and the execution of American citizens without any due process or outside accountability.

Please sign our petition demanding the Obama administration produce the internal memos and legal justification for their targeted execution program.

Cross posted from The Stars Hollow Gazette

Yes, that is essentially what US Attorney General Eric Holder said in a speech at Northwestern University.

   Attorney General Eric H. Holder Jr. asserted on Monday that it is lawful for the government to kill American citizens if officials deem them to be operational leaders of Al Qaeda who are planning attacks on the United States and if capturing them alive is not feasible.

   “Given the nature of how terrorists act and where they tend to hide, it may not always be feasible to capture a United States citizen terrorist who presents an imminent threat of violent attack,” Mr. Holder said in a speech at Northwestern University’s law school. “In that case, our government has the clear authority to defend the United States with lethal force.” […]

   “Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces,” Mr. Holder said. “This is simply not accurate. ‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.”

In taking apart Holder’s justification for murder, David Swanson so chillingly describes the government can kill you anywhere, anyplace, anytime they choose without evidence, charges, arrest or approval:

Attorney General Eric Holder on Monday explained why it’s legal to murder people – not to execute prisoners convicted of capital crimes, not to shoot someone in self-defense, not to fight on a battlefield in a war that is somehow legalized, but to target and kill an individual sitting on his sofa, with no charges, no arrest, no trial, no approval from a court, no approval from a legislature, no approval from we the people, and in fact no sharing of information with any institutions that are not the president.[..]

Nor can promising to imprison people without a fair trial justify murdering people.  But Holder does not do that.  He promises kangaroo courts:

   “Much has been made of the distinction between our federal civilian courts and revised military commissions.  The reality is that both incorporate fundamental due process and other protections that are essential to the effective administration of justice – and we should not deprive ourselves of any tool in our fight against al Qaeda.” [..]

Holder then explains, sensibly enough, why non-military courts work just fine (unless an extreme record of nearly 100% convictions worries you):

   “Simply put, since 9/11, hundreds of individuals have been convicted of terrorism or terrorism-related offenses in Article III courts and are now serving long sentences in federal prison.  Not one has ever escaped custody.  No judicial district has suffered any kind of retaliatory attack.” [..]

Holder turns next to the presidential power to imprison people that was signed into law on New Year’s Eve as part of the National “Defense” Authorization Act:

   “This Administration has worked in other areas as well to ensure that counterterrorism professionals have the flexibility that they need to fulfill their critical responsibilities without diverging from our laws and our values.  Last week brought the most recent step, when the President issued procedures under the National Defense Authorization Act.  This legislation, which Congress passed in December, mandated that a narrow category of al Qaeda terrorist suspects be placed in temporary military custody.”

This legislation did nothing of the sort.  For one thing, Obama unconstitutionally altered it in a signing statement as it applied to a huge prison full of largely non-al Qaeda prisoners in Afghanistan.  In addition, there has been quite a bit of discussion of the power this bill creates to imprison U.S. citizens. [..]

And, despite tremendous, often willful, confusion, the history is clear that Obama insisted on the power to imprison U.S. citizens and to do so outside of the military.

This is madness. The Constitution does not permit any of this. Holder quoted no legal standards. As the New York Times reported in its article on Holder’s speech, “the speech had contained no footnotes or specific legal citations”:

{..} and it fell far short of the level of detail contained in the Office of Legal Counsel memo – or in an account of its contents published in October by The New York Times based on descriptions by people who had read it.

The administration has declined to confirm that the memo exists, and late last year, The Times filed a lawsuit under the Freedom of Information Act asking a judge to order the Justice Department to make it public. In February, the American Civil Liberties Union filed a broader lawsuit, seeking both the memo and the evidence against Mr. Awlaki.

And where are the Democrats and so-called “progressives”? As Glenn Greenwald at Salon writes, “Yet, with some righteous exceptions, the silence is deafening, or worse“:

How can anyone who vocally decried Bush’s mere eavesdropping and detention powers without judicial review possibly justify Obama’s executions without judicial review? How can the former (far more mild powers) have been such an assault on Everything We Stand For while the latter is a tolerable and acceptable assertion of war powers? If Barack Obama has the right to order accused Terrorists executed by the CIA because We’re At War, then surely George Bush had the right to order accused Terrorists eavesdropped on and detained on the same ground. [..]

To recap Barack Obama’s view: it is a form of “terror” for someone to be detained “without even getting one chance to prove their innocence,” but it is good and noble for them to be executed under the same circumstances. To recap Eric Holder’s view: we must not accept when the Bush administration says “just trust us” when it comes to spying on the communications of accused Terrorists, but we must accept when the Obama administration says “just trust us” when it comes to targeting our fellow citizens for execution. As it turns out, it’s not 9/11/01 that Changed Everything. It’s 1/20/09. [..]

Find a defender of Obama’s assassination program and all you’ll hear is exactly the same thing: this is only being directed at The Terrorists like Awlaki, so we don’t need any court review or due process. Here was Holder yesterday: “it is imperative for the government to counter threats posed by senior operational leaders of al Qaeda, and to protect the innocent people whose lives could be lost in their attacks,” and assassination orders are only issued once “the U.S. government has determined, after a thorough and careful review, that the individual poses an imminent threat of violent attack against the United States.” [..]

He (Holder) said, for instance, that “the Supreme Court has made clear that the Due Process Clause does not impose one-size-fits-all requirements, but instead mandates procedural safeguards that depend on specific circumstances.” That part is true: in the 2004 case of Hamdi v. Rumsfeld, the Supreme Court rejected the Bush administration’s argument that it could detain American citizens accused of Terrorism without any process for them to contest the accusations against them, though the Court held that something less than a full-scale trial could satisfy the Due Process clause. But as Marcy Wheeler points out, the Court imposed “due process” requirements that are the exact opposite of what the Obama administration is doing with its assassinations.

The very idea that presidential assassination powers will become accepted policy for every future president, that the core of the Constitutional protection of due process can be based solely on the word of the president and made in total secrecy without the opportunity to view, or even refute, any evidence is abhorrent and evil.

These articles with their extensive citations by credible authors are must reads:

Attorney General Holder Says Murder Is Legal

by David Swanson, anti-war activist and author of Day Break and War Is A Lie, who runs the websites DavidSwanson.org and WarIsACrime.org (formerly AfterDowningStreet.org)

Attorney General Holder defends execution without charges

by Glenn Greenwald, best selling author, former Constitutional and civil rights litigator and contributing writer at Salon

Eric Holder’s View on National Security: Three Branches. Except for When the Third becomes Inconvenient.

by Marcy Wheeler, author and runs website emptywheel

When the US Government Can Kill You, Explained

by Adam Serwer, writer for Mother Jones

Time to Play “What if Alberto Gonzalez Said That?”

by John Cole, blogger and runs website Balloon Juice

How We Can Help President Obama Today

by Charles P. Pierce, contributing write at Esquire

Assassinating U.S. Citizens: Holder says “Yes We Can”

by Jesselyn Radack, director of National Security & Human Rights at the Government Accountability Project.  

Cross posted from The Stars Hollow Gazette

Yes, they all lied, the the government and the state attorneys general, Schneiderman, too. The 49 state mortgage settlement that is  not written but was reached is not the narrow settlement that these actors would have you believe. In the Mortgage Settlement Executive Summary Section VII states:

   The proposed Release contains a broad release of the banks’ conduct related to mortgage loan servicing, foreclosure preparation, and mortgage loan origination services. Claims based on these areas of past conduct by the banks cannot be brought by state attorneys general or banking regulators.

   The Release applies only to the named bank parties. It does not extend to third parties who may have provided default or foreclosure services for the banks. Notably, claims against MERSCORP, Inc. or Mortgage Electronic Registration Systems, Inc. (MERS) are not released.

What does that mean? According to Yves Smith at naked capitalism it translates to a complete get out of jail free card

This is sufficiently general so that it is hard to be certain, but It certainly reads as if it waives chain of title issues and liability related to the use of MERS. That seems to be confirmed by the fact that made by local recorders for fees are explicitly preserved (one would not think they would need to be preserved unless they might otherwise be assumed to be waived). This is exactly the sort of release we feared would be given in a worst case scenario. The banks have gotten a huge “get out of jail free” card of bupkis.

Yves also quotes Frederick Leatherman who for a recap:

In one of his articles yesterday at Firedoglake, David Dayen mentioned that the settlement agreement has not been reduced to writing.

That is astonishing.

Let me repeat. That. Is. Astonishing.

The biggest problem with settlement agreements in particular, and all agreements in general, is reaching a so-called ‘meeting of the minds’ regarding the details and ‘chiseling them into stone’ by reducing them to writing. As I used to warn my clients when I was practicing law, we do not have an agreement until it has been reduced to writing, thoroughly reviewed, and signed by each of the parties. That has obviously not happened in this case.

Experience has taught us that humans dealing in good faith make mistakes, no matter how careful they are, and the potential for mistakes, misunderstandings and subsequent disagreements about the terms of an agreement cannot be overestimated. That potential becomes a certainty when one or more parties to an agreement is dealing in bad faith.

That, my friends, is why we have a law called the Statute of Frauds, which requires that certain types of agreements be in writing or they are invalid and unenforceable.

Yves take on Schneiderman and Biden’s involvement:

While the full terms have not been agreed upon, this seems to call into question the claim that Schneiderman got a carve-out for his MERS suit (and Biden had separately insisted that he had wanted to be able to add banks to his case against MERS).

But even with all these caveats, it’s hard to read the executive summary, which no doubt was vetted by the bank, Administration and AG sides, as meaning other than what it intends to mean: that the banks have been released of the meteor-wiping-out-the-dinosaurs-and-the-MBS-market liability they were most afraid of, that of the monstrous mess they made in their failure to convey notes as stipulated in their own contracts, and with their failure to use MERS as a mere registry, rather than a substitute for local recording offices. That in turns means that various cheerleaders for this deal, such as Mike “Settlement Release Looks Tight” Lux and Bob Kuttner have badly misled readers in their assertions that the release was narrow and the deal is good for homeowners.

The Obama administration and its advocates would have us believe that this agreement is going to help underwater homeowners and those who have been victims of foreclosure fraud. I’m not going to be delicate about this, it’s a bold faced lie. To make matters even worse Pimco’s analysis points out how this will damage pensions:

The government’s deal with banks over their foreclosure practices after 16 months of investigations is cheap for the loan servicers while costly for bond investors including pension funds, according to Pacific Investment Management Co.’s Scott Simon.

In what the U.S. called the largest federal-state civil settlement in the nation’s history, five banks including Bank of America Corp. and JPMorgan Chase & Co. yesterday committed $20 billion in various forms of mortgage relief plus payments of $5 billion to state and federal governments.

“This was a relatively cheap resolution for the banks,” said Simon, the mortgage head at Pimco, which runs the world’s largest bond fund. “A lot of the principal reductions would have happened on their loans anyway, and they’re using other people’s money to pay for a ton of this. Pension funds, 401(k)s and mutual funds are going to pick up a lot of the load.”

If anyone expects that that new panel with New York’s Attorney General Eric Schneiderman is going to ease the housing crisis and hold the banks accountable, I have some really cheap bridges for sale in California and New York.

Cross posted from The Stars Hollow Gazette

So one has yet seen the final agreement between the banks and the state attorneys general and it may be awhile before we do. And as Yves Smith at naked capitalism stated “You know it’s bad when banks are the most truthful guys in the room“:

Remember that historical mortgage settlement deal that was the lead news story on Thursday? It has been widely depicted as a done deal. The various AGs who had been holdouts said their concerns had been satisfied.

But in fact, Bank of America’s press release said that the deal was “agreements in principle” as opposed to a final agreement. The Charlotte bank had to be more precise than politicians because it is subject to SEC regulations about the accuracy of its disclosures. And if you read the template for the AG press release carefully, you can see how it finesses where the pact stands. And today, American Banker confirmed that the settlement pact is far from done, and the details will be kept from the public as long as possible, until it is filed in Federal court (because it includes injunctive relief, a judge must bless the agreement).

This may not sound all that important to laypeople, but most negotiators and attorneys will react viscerally to how negligent the behavior of the AGs has been. The most common reaction among lawyers I know who been with white shoe firms (including former partners) is “shocking”.

In fact as the American Banker points out the document does not exist:

More than a day after the announcement of a mammoth national mortgage servicing settlement, the actual terms of the deal still aren’t public. The website created for the national settlement lists the document as “coming soon.”

That’s because a fully authorized, legally binding deal has not been inked yet.

The implication of this is hard to say. Spokespersons for both the Iowa attorney general’s office and the Department of Justice both told American Banker that the actual settlement will not be made public until it is submitted to a court. A representative for the North Carolina attorney general downplayed the significance of the document’s non-final status, saying that the terms were already fixed. [..]

Other sources who spoke with American Banker raised doubts that everything is yet in place. A person familiar with the mortgage servicing pact says that a settlement term sheet does not yet exist. Instead, there are a series of nearly-complete documents that will be attached to a consent judgment eventually filed with the court. That truly final version will include things such as servicing standards, consumer relief options, legal releases, and enforcement terms. There will likely be separate state and a federal versions of the release.

Some who talked to American Banker said that the political pressure to announce the settlement drove the timing, in effect putting the press release cart in front of the settlement horse.

Whatever the reason for the document’s continued non-appearance, the lack of a public final settlement is already the cause for disgruntlement among those who closely follow the banking industry. Quite simply, the actual terms of a settlement matter. [..]

“The devil’s in the details,” says Ron Glancz, chairman of law firm Venable LLP’s Financial Services Group. “Until you see the document you’re never quite sure what your rights are.”

“It’s frustrating,” agrees Stern Agee analyst John Nadel. “But it’s not unlike anything else that’s been going on in financial reform generally, is it?” [..]

“It is hard for me to believe that they would have gone public in the way that they did if they didn’t have it all worked out. But it is unusual that we don’t have a copy of the settlement yet,” says Diane Thompson, an attorney for the National Consumer Law Center.

A spokesperson from the South Carolina AG’s office told American Banker that when the agreement is finalized it would be posted to this website “nationalmortgagesettlement.com,” which raised some eyebrows. David Dayen at FDL News Desk questioned why .com and not .org? Dayen also pointed out that by not having all the details ironed out is “just a shocking abdication of responsibility”:

This is incredible. The Administration, the AGs, everyone involved in this made a big show of an agreement reached on foreclosure fraud. But there is no piece of paper with the agreement on it. There’s no term sheet. There are just agreements in principle.

There’s a HUGE difference between an agreement in principle and the actual terms. I mean night and day. The Dodd-Frank bill was for all intents and purposes an agreement in principle. It left to the federal regulators to write hundreds of rules. And we have seen how that process of implementation has faltered on several key points. But the Administration wanted to announce a “big deal,” the details be damned. And they got buy-in from the AGs. Everyone else stayed silent.

Yves Smith appeared with Amy Goodman and Juan Gonzalez on Democracy Now to discuss just how bad this deal is.

The U.S. Justice Department has unveiled a record mortgage settlement with the nation’s five largest banks to resolve claims over faulty foreclosures and mortgage practices that have indebted and displaced homeowners and sunk the nation’s economy. While the deal is being described as a $25 billion settlement, the banks will only have to pay out a total of $5 billion in cash between them. We speak to one of the settlement’s most prominent critics, Yves Smith, a longtime financial analyst who runs the popular finance website, “Naked Capitalism.” “The settlement, on the surface, does look like it is helping homeowners,” Smith says. “But in fact, the bigger part that most people don’t recognize is the way it actually helps the banks with mortgages on their own books. … The real problem is that this deal is just not going to give that much relief.”

Yes, this could be a lot worse and won’t address the needs of the underwater homeowners or those who lost their homes through fraud.