Showing posts sorted by relevance for query prosecutors. Sort by date Show all posts
Showing posts sorted by relevance for query prosecutors. Sort by date Show all posts

Saturday, March 14, 2020

This Kneegrow's DNC Annointed and Protected Operative Status Still Very Much Intact


turcopelier |  Why does the name of Joe Biden's former Internet Technology guru, Warren Flood, appear in the meta data of documents posted on the internet by Guccifer 2.0? In case you do not recall, Guccifer 2.0 was identified as someone tied to Russian intelligence who played a direct role in stealing emails from John Podesta. The meta data in question indicates the name of the person who actually copied the original document. We have this irrefutable fact in the documents unveiled by Guccifer 2.0--Warren Flood's name appears prominently in the meta data of several documents attributed to "Guccifer 2.0." When this transpired, Flood was working as the CEO of his own company, BRIGHT BLUE DATA. (brightbluedata.com). Was Flood tasked to masquerade as a Russian operative?

Give Flood some props if that is true--he fooled our Intelligence Community and the entire team of Mueller prosecutors into believing that Guccifer was part of a Russian military intelligence cyber attack. But a careful examination of the documents shows that it is highly unlikely that this was an official Russian cyber operation.

Here's what the U.S. Intelligence Community wrote about Guccifer 2.0 in their very flawed January 2017 Intelligence Community Assessment:

We assess with high confidence that the GRU used the Guccifer 2.0 persona, DCLeaks.com, and WikiLeaks to release US victim data obtained in cyber operations publicly and in exclusives to media outlets.
    • Guccifer 2.0, who claimed to be an independent Romanian hacker, made multiple contradictory statements and false claims about his likely Russian identity throughout the election. Press reporting suggests more than one person claiming to be Guccifer 2.0 interacted with journalists.
    • Content that we assess was taken from e-mail accounts targeted by the GRU in March 2016 appeared on DCLeaks.com starting in June.
The laxity of the Intelligence Community in dealing with empirical evidence was matched by a disturbing lack of curiosity on the part of the Mueller investigators and prosecutors.

Monday, May 21, 2012

racketeering expert aiding atlanta public schools investigation



ajc | The state's leading expert in racketeering prosecutions has been hired by Fulton County District Attorney Paul Howard to assist in the ongoing investigation into test cheating at Atlanta Public Schools, The Atlanta Journal-Constitution has learned.

Atlanta lawyer John Floyd, who has served as a special prosecutor in a number of high-profile cases, is working with the District Attorney's Office as a grand jury investigates the scandal, lawyers familiar with the probe said. The attorneys requested anonymity because of the sensitivity of the grand jury proceedings.

The Racketeer Influenced and Corrupt Organizations Act -- or RICO -- is often used by district attorneys to try to prove that a legal business was being used for illegal means. It allows prosecutors to sweep numerous defendants accused of committing various crimes into the same indictment and to allege they were all part of an ongoing enterprise. Racketeering convictions carry stiff punishment of up to 20 years in prison, much longer than what school officials might face under other possible charges.

Both Howard and Floyd declined to comment.

It is unclear how close Howard is to deciding whether to ask the grand jury to hand up indictments in the APS case. It also remains to be seen whether racketeering charges will be sought and, if so, who would be the possible targets. But bringing Floyd into the case shows the charges must be under consideration.

RICO was first enacted to fight corruption and organized crime, but Georgia's law, passed in 1980, has allowed state prosecutors to seek it in cases involving gang leaders, former Cobb EMC chief Dwight Brown, the assisted-suicide group the Final Exit Network and, just recently, former DeKalb schools Superintendent Crawford Lewis.

The Fulton grand jury began investigating the cheating scandal after a scathing report was released in July, concluding a lengthy state investigation into the APS cheating scandal. The report described an enterprise where unethical -- and potentially illegal -- behavior infiltrated every level of the bureaucracy and that "thousands of school children were harmed by widespread cheating."

Three special investigators found cheating on standardized tests occurred at 44 Atlanta schools and involved 178 educators, including 38 principals. The probe was launched after multiple articles in The Atlanta Journal-Constitution raised questions about the validity of APS test score improvements.

"A culture of fear and a conspiracy of silence infected this school system, and kept many teachers from speaking freely about misconduct," the investigators' report said. "From the onset of this investigation, we were confronted by a pattern of interference by top APS leadership in our attempt to gather evidence."

When asked to comment on Floyd's involvement in the case, Mike Bowers, one of the three APS special investigators, said, "I am encouraged that Mr. Howard is getting someone of Mr. Floyd's ability and insight to look at this."

Wednesday, January 19, 2011

tax leak consequences depend on details


Video - former Swiss banker gives tax evasion data to Wikileaks.

NYTimes | The individuals and companies whose offshore account information may be detailed in Swiss banking documents disclosed to WikiLeaks could face American prosecutors — or go untouched, senior tax lawyers said on Tuesday.

Whether the more than 2,000 wealthy investors and companies from the United States, Europe, Asia and elsewhere get a knock on the door from the Internal Revenue Service or other American agencies will depend in large part on if the documents contain detailed records showing criminal tax evasion.

“It’s obviously tremendously worrisome for these people, because every time a whistle-blower has said he has the goods, he’s had the goods,” said Peter R. Zeidenberg, a white-collar criminal defense lawyer at DLA Piper.

He was referring to internal bank documents and client names provided to American authorities in recent years by Bradley C. Birkenfeld, a former private banker at the Swiss bank UBS, and by Heinrich Kieber, a former data clerk at the LGT Group, the Liechtenstein royal bank. Mr. Birkenfeld’s disclosures underpinned a Justice Department investigation into UBS, which agreed to pay $780 million and admit to criminal wrongdoing with its offshore private bank.

But Mr. Zeidenberg added that “simply holding an offshore bank account is not a crime. If some of these people have already reported their accounts” on their American tax returns — if they were required to file them — “or voluntarily disclosed them to the I.R.S., they may have nothing to fear.”

The documents were handed over to Julian Assange, the founder of WikiLeaks, in London on Monday by Rudolf M. Elmer, a former senior private banker at Julius Baer. Mr. Elmer, who has a history of legal conflict with Julius Baer, one of the oldest and most secretive Swiss banks, ran the bank’s Caribbean operations as chief operating officer for eight years until he was dismissed in 2002.

Mr. Elmer is set to go to trial on Wednesday in Zurich on charges brought by Swiss prosecutors that he leaked client data around 2005 and engaged in threats against the bank and some employees. Julius Baer has previously said that Mr. Elmer has leaked falsified documents.

It is not clear what years are covered by Mr. Elmer’s WikiLeaks documents or if they concern years after he left the bank.

Wednesday, August 14, 2013

sigurdur thordarson: greazy grima wormtongue serving the all seeing eye...,


slate | When he met Julian Assange for the first time, Sigurdur Thordarson admired the WikiLeaks founder’s attitude and quickly signed up to the cause. But little more than a year later, Thordarson was working as an informant spying on WikiLeaks for the U.S. government—embroiling himself as a teenager in one of the most complicated international events in recent history.

In a series of interviews with Slate, Thordarson has detailed the full story behind how, in an extraordinary sequence of events, he went from accompanying Assange to court hearings in London to secretly passing troves of data on WikiLeaks staff and affiliated activists to the FBI. The 20-year-old Icelandic citizen’s account is partly corroborated by authorities in Iceland, who have confirmed that he was at the center of a diplomatic row in 2011 when a handful of FBI agents flew in to the country to meet with him—but were subsequently asked to leave after a government minister suspected they were trying to “frame” Assange.

Thordarson, who first outed himself as an informant in a Wired story in June, provided me with access to a pseudonymous email account that he says was created for him by the FBI. He also produced documents and travel records for trips to Denmark and the United States that he says were organized and paid for by the bureau.

The FBI declined to comment on Thordarson’s role as an informant or the content of the emails its agents are alleged to have sent him. In a statement, it said that it was “not able to discuss investigative tools and techniques, nor comment on ongoing investigations.” But emails sent by alleged FBI agents to Thordarson, which left a digital trail leading back to computers located within the United States, appear to shine a light on the extent of the bureau’s efforts to aggressively investigate WikiLeaks following the whistle-blower website’s publication of classified U.S. military and State Department files in 2010.

Late last month, Army intelligence analyst Bradley Manning was convicted on counts of espionage, theft, and computer fraud for passing the group the secrets.  During the Manning trial, military prosecutors portrayed Assange as an “information anarchist,” and now it seems increasingly possible that the U.S. government may next go after the 42-year-old Australian for his role in obtaining and publishing the documents. For the past 14 months, Assange has been living in Ecuador’s London Embassy after being granted political asylum by the country over fears that, if he is sent to Sweden to face sexual offense allegations, he will be detained and subsequently extradited to the United States.

Meanwhile, for more than two years, prosecutors have been quietly conducting a sweeping investigation into WikiLeaks that remains active today. The FBI’s files in the Manning case number more than 42,000 pages, according to statements made during the soldier’s pretrial hearings, and that stack of proverbial paper likely continues to grow. Thordarson’s story offers a unique insight into the politically-charged probe: Information he has provided appears to show that there was internal tension within the FBI over a controversial attempt to infiltrate and gather intelligence on the whistle-blower group. Thordarson gave the FBI a large amount of data on WikiLeaks, including private chat message logs, photographs, and contact details of volunteers, activists, and journalists affiliated with the organization. Thordarson alleges that the bureau even asked him to covertly record conversations with Assange in a bid to tie him to a criminal hacking conspiracy. The feds pulled back only after becoming concerned that the Australian was close to discovering the spy effort.

Sunday, February 08, 2015

secrecy has no place in our criminal justice system


silive |  Do grand juries really protect the public against overzealous corrupt prosecutors? Was the Fifth Amendment provision of the U.S. Constitution requiring grand jury presentment for felony crimes really included in the Bill of Rights in 1791 to protect the public? I truly believe that this provision was intended to protect the rich and powerful who wrote the Constitution and controlled the wealth of the new nation. Consider the fact that only white male property owners were permitted to sit on grand juries and that everyone non white and non-male was excluded from the judicial and legislative process. Thus, the rich, white and powerful were guaranteed that only their true piers would judge them and determine their criminal liability.

Now I didn't start this race business, I'm just dealing with reality. Supreme Court Justice Roger B. Taney started it in 1857 when Dred Scott asked for his full rights of citizenship. Justice Taney denied his plea, stating: "The framers of the constitution believed that a black man had no rights that a white man was bound to respect."

You remember the Central Park jogger defendants? Swiftly arrested and indicted by a grand jury based upon incomplete evidence and police coerced confessions. All defendants were convicted and sentenced to lengthy prison terms before the guilty party confessed and exonerated them all. Its nice to believe that all prosecutors will be fair and honest, but we need only look at the record of former Brooklyn District Attorney Charles Hynes.  Convictions by Hyne's office of 11, yes 11, black men have been overturned following the revelation that the testimony and evidence offered by the assigned detective and accepted by the courts, was false, shoddy and manufactured. None of these men benefited from a secret grand jury proceeding, an honest prosecutor or a courageous judiciary.

We have entered an era when more rather than less openness is sought in legislative, regulatory and judicial proceedings. Is a witness more inclined to tell the truth if his/her secrecy is guaranteed or are they more likely to lie and slip the truth if they know that their identity and testimony may never see the light of day or the eyes of a competent defense attorney? I'll take openness and transparency over protection and secrecy any day.

Monday, October 27, 2014

even nazi scum gets respect because it will fight you to the death


NYTimes |  The Nazi spies performed a range of tasks for American agencies in the 1950s and 1960s, from the hazardous to the trivial, the documents show.

In Maryland, Army officials trained several Nazi officers in paramilitary warfare for a possible invasion of Russia. In Connecticut, the C.I.A. used an ex-Nazi guard to study Soviet-bloc postage stamps for hidden meanings.

In Virginia, a top adviser to Hitler gave classified briefings on Soviet affairs. And in Germany, SS officers infiltrated Russian-controlled zones, laying surveillance cables and monitoring trains.

But many Nazi spies proved inept or worse, declassified security reviews show. Some were deemed habitual liars, confidence men or embezzlers, and a few even turned out to be Soviet double agents, the records show.

Mr. Breitman said the morality of recruiting ex-Nazis was rarely considered. “This all stemmed from a kind of panic, a fear that the Communists were terribly powerful and we had so few assets,” he said.
Efforts to conceal those ties spanned decades.

When the Justice Department was preparing in 1994 to prosecute a senior Nazi collaborator in Boston named Aleksandras Lileikis, the C.I.A. tried to intervene.

The agency’s own files linked Mr. Lileikis to the machine-gun massacres of 60,000 Jews in Lithuania. He worked “under the control of the Gestapo during the war,” his C.I.A. file noted, and “was possibly connected with the shooting of Jews in Vilna.”

Even so, the agency hired him in 1952 as a spy in East Germany — paying him $1,700 a year, plus two cartons of cigarettes a month — and cleared the way for him to immigrate to America four years later, records show.

Mr. Lileikis lived quietly for nearly 40 years, until prosecutors discovered his Nazi past and prepared to seek his deportation in 1994.

When C.I.A. officials learned of the plans, a lawyer there called Eli Rosenbaum at the Justice Department’s Nazi-hunting unit and told him “you can’t file this case,” Mr. Rosenbaum said in an interview. The agency did not want to risk divulging classified records about its ex-spy, he said.

Mr. Rosenbaum said he and the C.I.A. reached an understanding: If the agency was forced to turn over objectionable records, prosecutors would drop the case first. (That did not happen, and Mr. Lileikis was ultimately deported.)

The C.I.A. also hid what it knew of Mr. Lileikis’s past from lawmakers.

In a classified memo to the House Intelligence Committee in 1995, the agency acknowledged using him as a spy but made no mention of the records linking him to mass murders. “There is no evidence,” the C.I.A. wrote, “that this Agency was aware of his wartime activities.”

Monday, September 10, 2012

what will happen if the feds get warrantless access to phone location data?

TheAtlantic | On Tuesday prosecutors for the Obama administration argued that records of location data gathered by cell-phone companies should be available to law enforcement even when no search warrant has previously been issued by a judge.

In other words, If Uncle Sam wins on this argument, every law-enforcement agency in the country will be able to track your every move. More importantly, access to location data as comprehensive as that available to cell-phone carriers could allow law enforcement to determine everything from your complete social network and your your health status to how likely it is that you'll repay a loan.

The case at hand does not suggest that the Obama administration is attempting to gain this level of insight into the lives of every American citizen, but it's telling that the prosecutors seem ignorant of the power of the data they're requesting.

To understand how important location data is, especially of the variety gathered by smartphones, it's important to understand what academics have already accomplished with this data.

Sandy Pentland, a computer scientist at MIT who coined the term "reality mining" to describe the process of extracting and processing this data, put it this way in a recent essay for Edge.org:

The people who have the most valuable data are the banks, the telephone companies, the medical companies... Who you actually are is determined by where you spend time, and which things you buy... by analyzing this sort of data, scientists can tell an enormous amount about you.

In research published in 2009, Pentland and his colleagues were able to determine, for example, which students were friends based solely on mobile phone location records. Law enforcement could some day use such data to map entire criminal networks, but it could just as easily be used to visualize and contain networks of lawful protestors.

Knowing a person's location reveals their social network, which in turn reveals enormous amounts about who they are and how they are likely to behave.

Saturday, November 01, 2014

elite gunsel monkey-bidness...,


WaPo |  The mysterious workings of a Pentagon office that oversees clandestine operations are unraveling in federal court, where a criminal investigation has exposed a secret weapons program entwined with allegations of a sweetheart contract, fake badges and trails of destroyed evidence.

Capping an investigation that began almost two years ago, separate trials are scheduled this month in U.S. District Court in Alexandria, Va., for a civilian Navy intelligence official and a hot-rod auto mechanic from California who prosecutors allege conspired to manufacture an untraceable batch of automatic-rifle silencers.

The exact purpose of the silencers remains hazy, but court filings and pretrial testimony suggest they were part of a top-secret operation that would help arm guerrillas or commandos overseas.
The silencers — 349 of them — were ordered by a little-known Navy intelligence office at the Pentagon known as the Directorate for Plans, Policy, Oversight and Integration, according to charging documents. The directorate is composed of fewer than 10 civilian employees, most of them retired military personnel.

Court records filed by prosecutors allege that the Navy paid the auto mechanic — the brother of the directorate’s boss — $1.6 million for the silencers, even though they cost only $10,000 in parts and labor to manufacture.

Much of the documentation in the investigation has been filed under seal on national security grounds. According to the records that have been made public, the crux of the case is whether the silencers were properly purchased for an authorized secret mission or were assembled for a rogue operation.

Friday, June 03, 2022

All The Perogatives Of Personhood With No Accountability: More Human Than Human

HuffPost |  In a 1999 memo entitled “Bringing Criminal Charges Against Corporations,” written when he was deputy U.S. attorney general, Eric Holder argued that government officials could take into account “collateral consequences" when prosecuting corporate crimes.

That memo has resurfaced at a time when Holder, now U.S. attorney general, faces increasing criticism for the Department of Justice's reluctance to bring charges against white-collar criminals.

“There’s all kinds of problems with the applications of this policy which began with the Holder memo and got more formalized,” said John Coffee, a law professor at Columbia University and an expert in white-collar crime. “You are going to send a message that we don’t really care significantly about misconduct within those institutions.”

Although it brought only a modest change in the way prosecutors evaluate whether to bring criminal charges against corporations, Holder's memo laid the groundwork for subsequent policies that allowed for more leeway when going after large firms, Coffee said.

Adora Andy Jenkins, a Justice Department spokeswoman, wrote in an email to The Huffington Post that under Holder's leadership, "this Justice Department has stood firm in our approach that no person and no corporation is above the law."

In 1999, Holder highlighted the possibility of deferred prosecution -- an arrangement now common in the wake of the financial crisis -- whereby prosecutors essentially give defendants amnesty in exchange for paying a fine, enacting reforms and cooperating with investigators. But later officials published further memos, turning the option into more of a recommendation, Coffee said.

He said the policy was strengthened in response to the Arthur Andersen scandal of the early 2000s. After the government brought criminal charges against the consulting firm, the company failed, causing 28,000 workers -- many of whom likely had no role in any wrongdoing -- to lose their jobs. A court later overturned the charges.

Holder told the Wall Street Journal in 2006 that he drafted the memo in response to complaints that there seemed to be no uniform rules for deciding whether to bring charges in corporate cases.

"[I] didn’t expect these issues would become as big as they were," Holder told the WSJ at the time. Indeed, they've only grown larger in the seven years since that interview, as the financial crisis wreaked havoc on the U.S. economy.

The government has yet to prosecute any big banks or major executives for their role in the meltdown, and critics have derided Holder and his Justice Department for using the collateral damage argument as an excuse for not doing enough to hold those institutions accountable. The DOJ came under fire last year after declining to prosecute HSBC for years of money laundering violations, saying that to do so would bring too much damage to the global economy.

“The government just backed down,” Coffee said of that case. “There were reasons in 2008 to say maybe we shouldn’t indict any bank we can because it will just add to the systemic risk. But we were in 2012 to 2013 with HSBC -- that risk wasn’t there and we weren’t dealing with something that was relating to the activities that produced the 2008 crisis.”

Yet in addition to the HSBC deal, Sen. Elizabeth Warren (D-Mass.) and others have criticized Holder for statements he made to senators -- and later walked back -- indicating that he thought big banks had gotten too large to prosecute.

Tuesday, December 22, 2015

two kinds of due process in America -- one for overseers and another for the overseen...,

tomdispatch |  In the simplest terms, there is no war on the police. Violent attacks against police officers remain at historic lows, even though approximately 1,000 people have been killed by the police this year nationwide. In just the past few weeks, videos have been released of problematic fatal police shootings in San Francisco and Chicago.
While it’s too soon to tell whether there has been an uptick in violent crime in the post-Ferguson period, no evidence connects any possible increase to the phenomenon of police violence being exposed to the nation. What is taking place and what the police and their supporters are largely reacting to is a modest push for sensible law enforcement reforms from groups as diverse asCampaign Zero, Koch Industries, the Cato Institute, The Leadership Conference, and the ACLU (my employer). Unfortunately, as the rhetoric ratchets up, many police agencies and organizations are increasingly resistant to any reforms, forgetting whom they serve and ignoring constitutional limits on what they can do.
Indeed, a closer look at law enforcement arguments against commonsense reforms like independently investigating police violence, demilitarizing police forces, or ending “for-profit policing” reveals a striking disregard for concerns of just about any sort when it comes to brutality and abuse. What this “debate” has revealed, in fact, is a mainstream policing mindset ready to manufacture fear without evidence and promote the belief that American civil rights and liberties are actually an impediment to public safety. In the end, such law enforcement arguments subvert the very idea that the police are there to serve the community and should be under civilian control.
And that, when you come right down to it, is the logic of the police state.  
Due Process Plus
It’s no mystery why so few police officers are investigated and prosecuted for using excessive force and violating someone’s rights. “Local prosecutors rely on local police departments to gather the evidence and testimony they need to successfully prosecute criminals,” according to Campaign Zero . “This makes it hard for them to investigate and prosecute the same police officers in cases of police violence.”
Since 2005, according to an analysis by theWashington Post and Bowling Green State University, only 54 officers have been prosecuted nationwide, despite the thousands of fatal shootings by police. As Philip M. Stinson, a criminologist at Bowling Green, puts it, “To charge an officer in a fatal shooting, it takes something so egregious, so over the top that it cannot be explained in any rational way. It also has to be a case that prosecutors are willing to hang their reputation on.”

Tuesday, August 29, 2023

The State Goes To Great Lengths To Protect Itself - You Taxpaying MF'ers Are On Your Own

mises  |  In all the media and regime frenzy over the Janaury 6 riots and the Pentagon Leaker in recent months, it is interesting to examine the contrast between how the regime treats "crimes" against its own interests, and real crime committed against ordinary private citizens. 

Witness, for example, how the Biden administration and corporate media have treated the January 6 riot as if it were some kind of military coup, demanding that draconian sentences be handed down even to small-time vandals and trespassers. Regime paranoia has led the Justice Department to ask for a 30-year sentence for Enrique Tarrio, a man who was convicted of the non-crime of "seditious conspiracy" even though he wasn't even in Washington on January 6. In recent months, Jacob Chansley, the "QAnon Shaman," received a sentence of three-and-a-half years, even though prosecutors admit he did nothing violent. Riley Williams was given three years for simply trespassing in Nancy Pelosi's office. Members of the Capitol Police force have been lionized in the media as great protectors of "sacred" government buildings, and any threat to the property or persons of Washington politicians has been equated with an assault on "democracy." 

Yet, had these supposed insurrectionists inflicted these same actions against an ordinary private individual, there's a good chance the perpetrators would not even be arrested, let alone given years of prison time. Consider, for example, the mobs that ransack private businesses in American cities, stealing tens of thousands of dollars of merchandise while police and prosecutors consider it all to be low priority.  Violent crime and property crime surge in many areas of the United States, with violent crime rising 30 percent in New York City in 2022. Unsolved murders in the US are at a record high. Meanwhile, progressives and social democrats are looking for ways to reduce criminal penalties against violent criminals. Police departments often devote only tiny portions of their budgets to homicide investigations, and if your property is stolen, odds are good you can forget about ever seeing it again. 

The situation is quite different when it comes to protecting the state, its agents, and its property from any threat. During urban riots, such as those which occurred in Ferguson, Missouri and Minneapolis, Minnesota, the police went to great lengths to protect themselves and government property. If you were just a private shopkeeper or ordinary citizen, however, you were on your own. At the Uvalde School shooting in 2022, hundreds of law enforcement officers from all levels of government chose to protect themselves rather than the children who were being murdered inside. When Uvalde parents demanded the police act, the police attacked the parents. 

We find similar phenomena at the federal level. There are, of course, special federal laws against violence perpetrated against federal employees. Ordinary taxpayers receive no such consideration. Note how federal agencies move to arm themselves to the teeth while also seeking to disarm the private-sector. Federal agents will spare no expense finding someone who put his feet up on Nancy Pelosi's desk, but it's another matter entirely when we're talking about serious violent crime against regular people.  Federal agents, of course, allowed 9/11 to occur right under their noses, they refused to investigate known rapist Larry Nasser, and shrugged off reports about the man who would end up slaughtering children at a high school in Parkland, Florida. Contrast this with how long the federal government has been conniving to get revenge on Julian Assange for merely telling the truth about US war crimes.  

Naturally, law enforcement officers rarely face any sanctions for their failures to bother themselves with private property, life, or limb. The federal courts have made it clear that law enforcement officers are not obligated to actually protect the public. In other words, the taxpayers must always pay taxes to hold up their end of the imagined "social contract" or face fines and imprisonment. But the other side of that "contract," the state, has no legal obligation to make good on its end. This, of course, is not how real contracts work.

Monday, August 22, 2016

attacking wikileaks assange...,



thiscantbehappening |  While I periodically have written commentaries dissecting and pillorying news articles in the New York Times to expose their bias, hypocrisy half-truths and lies, I generally ignore their editorials since these are overtly opinions of the management, and one expects them to display the elitist and neo-liberal perspective of the paper’s publisher and senior editors.

That said, the August 17 editorial about Wikileaks founder Julian Assange, who has spent four harrowing years trapped in the apartment-sized Ecuadoran embassy thanks to a trumped-up and thoroughly discredited political rape “investigation” by a politically driven Swedish prosecutor and a complicit right-wing British government, moves far beyond even the routine rampant bias and distortion of a Times editorial into misrepresentation and character assassination. As such it cries out for criticism. 

Headlined “A Break in the Assange Saga,” the editorial starts off with the flat-out lie that “Ecuador and Sweden finally agreed last week that Swedish prosecutors could question Julian Assange at the Ecuadorean Embassy in London where he has been holed up since 2012.”

The casual reader fed only corporate media stories about this case might logically assume from that lead that such an interview has been held up by a disagreement of some kind between Ecuador and Sweden. In fact, Ecuador and Assange and his attorneys have stated their willingness to allow Swedish prosecutors to come to London and interview Assange in the safety of their embassy for several years now. The prosecutor in Sweden, Marianne Nye, who has been pursuing Assange all that time like Ahab after his whale, has not only never taken up that offer, but by her refusal to go to London in all this time, demanding instead Assange’s enforced presence in Stockholm, has allowed any possible rape charges, if any were even appropriate, to pass the statute of limitations. The paper doesn’t mention this. Nor does the editorial mention that the Office of the United Nations High Commissioner for Human Rights Working Group on Arbitrary Detention last February found that Assange is effectively being held in arbitrary detention by the UK and Swedish governments, and called for his release, and for the lifting of British government threats to arrest him and extradite him if he leaves the safety of the embassy.

Sunday, May 29, 2022

Asset Forfeiture As Collective Punishment

americansforprosperity  |  What happens when the federal government blatantly violates a court order and takes the property of citizens who are not under criminal suspicion?

Why should innocent property owners have to prove their innocence in order to get their property back from the government?

These are a few of the questions that have come into play when law enforcement agencies seized private property through the most recent horror story involving civil asset forfeiture.

In this ongoing case in California, federal agents exceeded their authority, took property from citizens not even under criminal suspicion, and are refusing to give it back unless they can successfully navigate the government’s demands.

The stories of these people are unfortunately not the first example of the government violating our rights in this manner, but they are certainly not any less shocking.

The raid on U.S. Private Vaults

On March 22, 2021, the Federal Bureau of Investigation and Drug Enforcement Agency acted under a warrant to shut down a Beverly Hills, California business called U.S. Private Vaults.

USPV provided bank-style safety deposit boxes to customers who wanted anonymity. Through biometric identifiers, or a nondescript key, boxholders could store valuables without ever having to identify themselves by name.

Prosecutors say it was a criminal business however, and a grand jury indicted the company on charges of conspiracies to launder money, distribute controlled substances, and structure transactions.

The warrant authorizing the raid allowed investigators to seize a list of items, including deposit box keys, money counters, biometric scanners, security cameras, and computers.

There’s no public indication however, that law enforcement had specific information about criminal suspects with boxes there or had identified boxes that held ill-gotten gains from specific crimes. And the warrant specifically prohibited law enforcement from seizing the contents of the more than 800 privately held safe deposit boxes at the business:

This warrant does not authorize a criminal search or seizure of the contents of safety deposit boxes … in accordance with their written policies, agents shall inspect the contents of the boxes in an effort to identify their owners in order to notify them so that they can claim their property.

That restriction was ignored. Prosecutors seized the contents of the boxes, intentionally casting a wide net that took in all customers, innocent or otherwise. The FBI now says it intends to hold onto $85 million in cash, and an unspecified haul of gold, silver, and precious metals.

On June 22, U.S. District Judge Gary Klausner found that the FBI “provides no factual basis for the seizure of Plaintiffs’ property,” and issued a temporary injunction against the seizures.

Sunday, August 22, 2010

hush, hush, strictly on the q.t.....,

Guardian | "It seems an unusual time to embark on a career of multiple rape," said Guardian journalist David Leigh, who has worked closely with Assange over the recent WikiLeaks Afghanistan documents. "He certainly didn't come across as a violent man, not in the least. Julian was clearly preparing to release more sensitive documents."

Julian Assange, the secretive founder of WikiLeaks, the website behind the biggest leak of US military documents in history, was the subject of conspiracy theories last night after prosecutors withdrew a warrant for his arrest in connection with rape and molestation allegations.

On Friday a spokeswoman for the Swedish prosecutors' office in Stockholm confirmed an arrest warrant for Assange had been issued in absentia and urged him to "contact police so that he can be confronted with the suspicions".

According to Expressen, a Swedish newspaper, the 39-year-old Australian had been wanted in connection with two separate incidents. The first involved a woman from Stockholm who reportedly accused him of "molestation". The second involved a woman from Enköping, about an hour's drive west from Stockholm, who had apparently accused Assange of rape. The warrant was withdrawn yesterday afternoon.

Assange claimed he was the victim of a smear campaign. He denied the charges on WikiLeaks's Twitter page, saying they were "without basis and their issue at this moment is deeply disturbing".

It is believed that Assange, who has no known address and spends much of his time travelling to ensure a low profile, knew both women well. The pair had been reluctant to go to the police with their complaints, according to sources in Sweden. But the news that Swedish police were investigating the affair was leaked to Expressen, prompting further claims that a smear campaign had been orchestrated by foreign interests keen to discredit him.

Thursday, March 12, 2015

you know who else has a judicial system that is hard to fight and extracts money from citizens?


reason |  The Department of Justice threatens defendants with dozens of federal charges that could put them behind bars for decades unless they accept plea deals and avoid a trial, a punishment for trying to defend themselves. Department of Justice prosecutors, working with other agencies like the IRS, seize assets from Americans and resist giving it back even when there's little evidence such Americans have done anything wrong. The DOJ engages in a lot of the same misbehavior found in the Ferguson system of justice—it's just not motivated by race.

Even though the Department of Justice may attack Ferguson's revenue-generating, they are quick to defend the role of their own "Equitable Sharing Program," which encourages law enforcement agencies to seize property and assets by allowing the agencies to keep 80 percent of what they take in the program.

A White House report crafted in the wake of the shooting of Michael Brown and the police's militarized response to protests defended the program, along with others, as "valuable and have provided state and local law enforcement with needed assistance as they carry out their critical missions in helping to keep the American people safe." Attorney General nominee Loretta Lynch defended asset forfeiture as a useful tool for law enforcement at a Senate hearing.

Ferguson's police department participates in this federal program. According to research by The Washington Post, the city has spent more than $100,000 on equipment and weapons paid for with assets seized by police in Ferguson (this also means the federal government has also received money from law enforcement activities in the community as well). The DOJ's press office has not returned calls to find out whether Ferguson would be booted from the program due to its behavior. Ferguson officials have said they will attempt to settle with the Department of Justice, not fight, so probably not. The DOJ has only cut off access to the Equitable Sharing Program to a handful of law enforcement agencies. One of them, Maricopa County in Arizona, is infamous for resistance to attempts by the DOJ to reform the way it deals with immigrants and Latino citizens. It's easy to look at the program and see the DOJ using access to its funds as a carrot/stick to influence the behavior of local law enforcement agencies. This is not inherently a bad thing, but all of this knowledge about how the DOJ operates should cause anybody to look askance at the agency's credibility when it comes to evaluating the accessibility of fiscal propriety of any justice system in the country.

For that matter, the DOJ, just like Ferguson, brags about the millions—billions—of dollars it brings in from settlements and enforcement activities in its annual reports. They put out press releases and hold press conferences. The difference may be that its targets are often rich corporations (but not always, as their actions against a small Long Island vending business shows). The DOJ and state-level prosecutors are looking for big paydays, too, to help bolster the budgets of the governments they serve. My story in Reason's April issue, titled "The Settlement Shakedown," helps explain how this all works out (It's available online now to digital subscribers).

None of this is to dismiss what is clearly racist animus by the people in power in Ferguson. But if every victim described in the DOJ report on Ferguson had been white and the racist comments and e-mails hadn't happened, these incidents would still have been huge violations of the rights of the citizens. Many would argue that these incidents wouldn't have happened at all absent the racial component. I cannot possibly say they're wrong. Every single government in the country is driven to bring in revenue to perpetuate itself, and their targets will most likely be those who will have the hardest times protecting or defending themselves. This often means poor minorities and immigrants, but don't confuse the symptoms with the cause. Racism just one sorting tool for governments to decide who they're going to plunder.

Friday, December 04, 2020

Robert Kraft Walked While Trafficked Asian Women Got The Book Thrown At Them

palmbeachpost |  After the arrests, prosecutors and several law-enforcement agencies said they believed the spas may be linked to human trafficking. To date, no one has been charged with human trafficking in relation to these cases, according to court records.

Once the case was brought to court, the recordings were challenged by lawyers and barred by judges from being used as evidence because of the controversial means in which law enforcement obtained the video, known as "sneak-and-peek" warrants. 

MORE: Search warrant used to catch Robert Kraft built for terrorists, not johns, critics say

After prosecutors spent a year fighting the charges, an appeals court ruled in August that the lower court was correct and that "total suppression was the appropriate remedy under the circumstances of this case."

"The type of law enforcement surveillance utilized in these cases is extreme," the 23-page opinion read. 

Florida's Attorney General Ashley Moody said she wouldn't take an appeal to the Florida Supreme Court, so the prostitution solicitation charges were dropped in September.

Palm Beach County State Attorney Dave Aronberg said he and his office were forced to drop the charges after the rulings.

"Without these videos, we cannot move forward with our prosecutions, and thus we are ethically compelled to drop the cases against all the defendants," he said in September. 

When asked why the charges against the women were not dropped, Aronberg said there was still enough evidence without the recordings to prosecute them. 

"Orchids of Asia Day Spa was a notorious brothel in a family shopping center," Aronberg said.

"Rich guys from a local country club lined up to receive sex acts throughout the day until the place closed around midnight," Aronberg said.

Wednesday, December 17, 2014

rule of law: I heard about your problems I feel bad for you son...,


thesmokingun |  The grand jury witness who testified that she saw Michael Brown pummel a cop before charging at him “like a football player, head down,” is a troubled, bipolar Missouri woman with a criminal past who has a history of making racist remarks and once insinuated herself into another high-profile St. Louis criminal case with claims that police eventually dismissed as a “complete fabrication,” The Smoking Gun has learned. 

In interviews with police, FBI agents, and federal and state prosecutors--as well as during two separate appearances before the grand jury that ultimately declined to indict Officer Darren Wilson--the purported eyewitness delivered a preposterous and perjurious account of the fatal encounter in Ferguson.

Referred to only as “Witness 40” in grand jury material, the woman concocted a story that is now baked into the narrative of the Ferguson grand jury, a panel before which she had no business appearing.

While the “hands-up” account of Dorian Johnson is often cited by those who demanded Wilson’s indictment, “Witness 40”’s testimony about seeing Brown batter Wilson and then rush the cop like a defensive end has repeatedly been pointed to by Wilson supporters as directly corroborative of the officer’s version of the August 9 confrontation. The “Witness 40” testimony, as Fox News sees it, is proof that the 18-year-old Brown’s killing was justified, and that the Ferguson grand jury got it right.

However, unlike Johnson, “Witness 40”--a 45-year-old St. Louis resident named Sandra McElroy--was nowhere near Canfield Drive on the Saturday afternoon Brown was shot to death.

Though prosecutors have sought to cloak the identity of grand jury witnesses, a TSG investigation has identified McElroy as “Witness 40.” A careful analysis of information contained in the unredacted portions of “Witness 40”’s grand jury testimony helped reporters identify McElroy and then conclusively match up details of her life with those of “Witness 40.”

TSG examined criminal, civil, matrimonial, and bankruptcy court records, as well as online postings and comments to unmask McElroy as “Witness 40,” the fabulist whose grand jury testimony and law enforcement interviews are deserving of multi-count perjury indictments.

Since the identities of grand jurors--as well as details of their deliberations--remain secret, there is no way of knowing what impact McElroy’s testimony had on members of the panel, which subsequently declined to vote indictments against Wilson. That decision touched off looting and arson in Ferguson, about 30 miles from the apartment the divorced McElroy shares with her three daughters.
* * *
Sandra McElroy did not provide police with a contemporaneous account of the Brown-Wilson confrontation, which she claimed to have watched unfold in front of her as she stood on a nearby sidewalk smoking a cigarette.

Instead, McElroy (seen at left) waited four weeks after the shooting to contact cops. By the time she gave St. Louis police a statement on September 11, a general outline of Wilson’s version of the shooting had already appeared in the press. McElroy’s account of the confrontation dovetailed with Wilson’s reported recollection of the incident.

Friday, December 31, 2021

A Lot Of Wealthy Powerful Men Hit Epstein's Jailbait And Every Single One Of Them Will Skate...,

Guardian |  Now that the British former socialite Ghislaine Maxwell has been convicted in her sex-trafficking trial, speculation is growing that she may try to cut a deal and become a government witness in any broader investigation into the elite social circle of her ex-boyfriend Jeffrey Epstein.

Maxwell would be aiming for a reduced sentence by naming powerful names when it comes to others who may be involved in Epstein’s crimes.

But defense lawyers and sexual-crimes prosecutors have cast doubt on the government’s appetite to strike a bargain. They question whether Maxwell has any vital information the government does not already have, and whether it represents a strategy Maxwell has previously attempted that has failed.

“It all depends on who she would be cooperating against, and what she has to offer,” said Jeffrey Lichtman, the defense attorney who represented the Mexican drug trafficker Joaquín “El Chapo” Guzmán at trial two years ago. “I would not be surprised if she had already tried to cooperate and it had failed.”

Maxwell, who is expected to appeal her conviction, was found guilty on five of six charges for her involvement in Epstein’s sexual abuse of teenage girls. Prosecutors said Maxwell “preyed on vulnerable young girls, manipulated them and served them up to be sexually abused”. She is expected to receive a significant prison term.

According to Lichtman, there are defendants who, in the eyes of the government, are so bad that it does not want to strike a deal in exchange for testimony. “They don’t want to take the hand of someone involved a criminal operation and let them cooperate against people who are well below them.”

“That may be the case here – they just feel that she’s so bad they won’t allow her to cooperate,” Lichtman said.

But that does not preclude Maxwell and her lawyers from making an offer. “There’s a tremendous amount of information she has on some very important people. Now that she’s been convicted she may be more eager to discuss. She certainly should, in my mind, because a lot of people skated here, while she bore the brunt of the government’s full wrath,” Lichtman said.

 

Thursday, November 03, 2016

Granny and Willy Intended to Get Hella Paid, Mishandling Classified Emails was Unintentional...,



WSJ |   Secret recordings of a suspect talking about the Clinton Foundation fueled an internal battle between FBI agents who wanted to pursue the case and corruption prosecutors who viewed the statements as worthless hearsay, people familiar with the matter said.

Agents, using informants and recordings from unrelated corruption investigations, thought they had found enough material to merit aggressively pursuing the investigation into the foundation that started in summer 2015 based on claims made in a book by a conservative author called “Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich,” these people said.

The account of the case and resulting dispute comes from interviews with officials at multiple agencies.

Starting in February and continuing today, investigators from the Federal Bureau of Investigation and public-corruption prosecutors became increasingly frustrated with each other, as often happens within and between departments. At the center of the tension stood the U.S. attorney for Brooklyn,Robert Capers, who some at the FBI came to view as exacerbating the problems by telling each side what it wanted to hear, these people said. Through a spokeswoman, Mr. Capers declined to comment.

The roots of the dispute lie in a disagreement over the strength of the case, these people said, which broadly centered on whether Clinton Foundation contributors received favorable treatment from the State Department under Hillary Clinton.

Senior officials in the Justice Department and the FBI didn’t think much of the evidence, while investigators believed they had promising leads their bosses wouldn’t let them pursue, they said.

These details on the probe are emerging amid the continuing furor surrounding FBI Director James Comey’s disclosure to Congress that new emails had emerged that could be relevant to a separate, previously closed FBI investigation of Mrs. Clinton’s email arrangement while she was secretary of state.

Much of the skepticism toward the case came from how it started—with the publication of a book suggesting possible financial misconduct and self-dealing surrounding the Clinton charity. The author of that book, Peter Schweizer—a former speechwriting consultant for President George W. Bush—was interviewed multiple times by FBI agents, people familiar with the matter said.

The Clinton campaign has long derided the book as a poorly researched collection of false claims and unsubstantiated assertions. The Clinton Foundation has denied any wrongdoing, saying it does immense good throughout the world.

Mr. Schweizer said in an interview that the book was never meant to be a legal document, but set out to describe “patterns of financial transactions that circled around decisions Hillary Clinton was making as secretary of state.”

Monday, January 04, 2016

Militiamen vs BLM


obb |  Some of the leaders of the militia are supporters of the Bundy family in Nevada. Cliven Bundy refused to pay the Bureau of Land Management more than a million dollars in cattle grazing fees.

What resulted was an armed standoff between the BLM and militiamen from around the U.S. who flocked to defend Bundy. Militiamen even shut down I-15 north of Las Vegas as part of the confrontation. 

In YouTube videos posted over the past two months, Cliven Bundy’s son, Ammon Bundy, has made similar statements about the Hammonds – that the family is “being silenced” by federal officers and prosecutors. In one online posting titled a “Redress of Grievances,” Ammon Bundy alleges federal prosecutors are intimidating the Hammonds.

“We have obtained appalling evidence that the U.S. Attorney’s Office threatened the Hammond family with early detention and further punishment if the Hammond family continued to communicate with a certain individual,” Bundy writes. “This evidence…speaks against the U.S. Attorneys [sic] Office in their gross effort to infringe upon the Hammond’s right to free exercise of speech.”

In an interview with OPB, Cliven Bundy said the Hammonds reached out to his family during the past two months and asked for help.

“In public, they haven’t asked for our help,” Bundy told OPB. “In private, we’re still needed. I talked to Dwight Hammond…for probably close to an hour. His conclusion is basically, ‘I do not want to be shot in the head.’ He had fear that if he actually rejected what was going on, and stood up for the abuse in what was going on, there would be somebody who would actually kill him. Fear, is what their problem is.”

Spurred by outcry from the Bundy family, the militia organized a rally in support of the Hammonds for Saturday in Burns, calling out to self-described patriot groups from across the country.

They said it would be a peaceful march. Yet, threats are implied in many of the calls to protest from all quarters.

Ammon Bundy writes that if the Hammonds are imprisoned, “there will be some serious civil unrest.”

And militiaman Ryan Payne said he will do “whatever it takes” to support the Hammonds.

H.R. 6408 Terminating The Tax Exempt Status Of Organizations We Don't Like

nakedcapitalism  |   This measures is so far under the radar that so far, only Friedman and Matthew Petti at Reason seem to have noticed it...