Eileen Foster and the Failure of Corporate Criminal Justice
Last month, Eileen Foster was at the National Press Club to receive the $10,000 Ron Ridenhour Prize for Truth-Telling. In 2007, Foster was a vice president in charge of investigating fraud at Countrywide Financial. A full time job, if you can keep it. Which she couldn’t.
Because she took her job seriously.
A Countrywide employee in Boston called Foster with evidence of widespread loan fraud in the Boston area.
Foster investigated and confirmed the employee’s report and eventually shut down six Countrywide offices in Massachusetts.
She started to pursue what appeared to be systemic fraud at the company when the executive suite got itchy.
On September 8, 2008, they came to Foster and put a 14-page document on her desk. Foster calls that a gag order. They also offered her $228,000. Foster calls that hush money. She was told if she accepted the money and signed the document, she could quit. If not, she would be fired.
She was fired.
Foster filed a complaint with the Department of Labor under the Sarbanes-Oxley whistleblower provisions.
Twenty-one out of 1,500 whistleblowers have gotten a favorable response from the Department of Labor.
So, Foster knew it was a bit like hitting the lottery.
But lo and behold, she hit it.
In October 2011, the Department of Labor ruled in her favor.
And in December 2011, the CBS News show 60 Minutes did a story titled Prosecuting Wall Street that featured Foster.
Now, Bank of America, which acquired Countrywide, is appealing the Department of Labor’s ruling.
A public hearing is scheduled for October 22.
On the 60 Minutes segment, Steve Kroft reported that “Eileen Foster has never been asked — and never spoken to the Justice Department – even though she was Countrywide’s executive vice president in charge of fraud investigations.”
We asked Foster – did the Justice Department ever contact you?
“Not before 60 Minutes,” Foster says. “After 60 Minutes, yes.”
What happened?
“I’m not sure I can talk about that,” she says.
“I’m encouraged, but I’m not sure if the movement is in the right direction,” Foster said. “There had been things taking place prior to the 60 Minutes piece.”
It has been widely reported that the U.S. Attorney in Los Angeles opened and closed an investigation of Countrywide without bringing charges. Is that what Foster is talking about?
“I’m not talking about any specific effort.”
“If what took place in these organizations wasn’t illegal, there has been a lot of activity which has taken place since that seems to me is clearly illegal – perjury, obstruction of justice and witness tampering.”
Is it your sense that this is over and done with and that the Justice Department has moved on?
“I hope not,” Foster said. “I have a fear that it is probably over and done with.”
At the Press Club last month, Foster said that she doesn’t trust the corporate line on internal reporting of problems.
“Critics insist that a whistleblower be compelled to first report problems internally, supposedly to provide the corrupt company the chance to correct wrongdoing,” Foster said at the Press Club. “But when I followed protocol and reported internally, I was summarily eliminated. The wrongdoing was protected, not corrected.”
“We cannot allow corporate malfeasance to run rampant and become institutionalized. People need to know that many corporations use hotlines and reporting policies to silence whistleblowers and conceal fraud.”
“Corporations now screen applicants for whistleblowing tendencies and assign lawyers to participate in internal investigations so they can shield the wrongdoing under the cloak of ‘privilege,’” Foster said. “The Congress and State Legislatures should eliminate the corporate lawyer cover-up by eliminating the use of so-called privileges in these circumstances.”
“So here we are several years after the onset of the financial crisis, caused in large part by reckless lending and risk-taking in major financial institutions. And still, not one executive has been charged or imprisoned! This stands in stark contrast to the savings and loan debacle in the 1980’s, where prosecutors sent more than 800 bank officials to jail.”
“Our current administration has defended the lack of prosecutions by labeling the executives’ actions ‘bad behavior,’ but not illegal. Assistant Attorney General, Lanny Breuer, told Steve Kroft of 60 Minutes, that although the risk-taking was offensive, and the greed was upsetting, it didn’t mean the Department of Justice could bring a criminal case. Perhaps we simply need a different means to a justifiable end.”
“When prosecutors were unable to convict Al Capone of racketeering, they convicted him of tax evasion instead. If there is insufficient legal evidence to convict these executives of what we believe are obvious crimes, then the federal government should refocus. Overwhelming evidence of perjury, witness tampering and obstruction of justice exist in the numerous claims, court filings and trial and investigative transcripts. We must not let these deeds go wholly unpunished. Perhaps financial industry whistleblowers should be permitted to present their information to grand juries without the help of government prosecutors. Then the people can decide how best to address this outrageous wrongdoing.”
“We can and must uphold the law and prosecute those who break it, especially “white collar criminals”, no matter how highly placed or how cozy they are with government officials. We must insist on full and complete investigations with accountability and punishment for the guilty parties. We must ‘keep the heat on’ and see justice done.”
[For the complete transcript of the Interview with Eileen Foster, see 26 Corporate Crime Reporter 21(10), print edition only.]
Russell Mokhiber edits Corporate Crime Reporter.
May 23, 2012
Posted by aletho |
Civil Liberties, Corruption, Deception, Progressive Hypocrite | Countrywide, Countrywide Financial, Eileen Foster, Justice Department, Russell Mokhiber |
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This week, Northwestern and the University of Michigan law schools released a National Registry of Exonerations, a new database chronicling the ever-growing number of exonerees from our nation’s criminal justice system. The database includes over 2,000 people who spent time – sometimes decades – in prison after being wrongfully convicted of serious crimes. This includes over 100 wrongfully convicted of capital murder – which means they were awaiting execution before their sentences were reversed. The Death Penalty information Center, which tracks information about the death penalty, has documented 140 cases where inmates were released from death row with evidence of their innocence.
As astounding as the numbers in the database are, the list of the innocent is likely far longer than what is documented in this valuable resource – and not all of them were exonerated in time. Troy Davis, an African-American man in Georgia, Carlos DeLuna, a Latino man in Texas, and Cameron Todd Willingham, a white man in Texas, were all executed despite compelling evidence of innocence. The judicial system failed these men twice: it failed them first by convicting them of crimes of which they were likely innocent, and it failed them again by denying them meaningful opportunities to prove their innocence, in time to save their lives.
The National Registry of Exonerations compiles explanations across cases, helping shed light on just how these wrongful convictions happen. The explanations are themselves deeply troubling: false accusations or perjury played a role in a full half of the cases (51%); official misconduct contributed to a large percentage of the wrongful convictions (42%); and junk science or false or misleading evidence played a role in almost a quarter of the cases (24%). Although the ACLU Capital Punishment Project, along with many others, continue to push for important reforms in the area of junk science, it is hard to be optimistic that the problems of perjury or police misconduct will ever fully be untangled from the criminal justice system. Ending the death penalty will not solve these problems – but it will make sure that no one else pays for these flaws with his or her life.
May 23, 2012
Posted by aletho |
Civil Liberties, Corruption, Deception, Science and Pseudo-Science, Timeless or most popular | Cameron Todd Willingham, capitalpunishment, Criminal justice, Miscarriage of justice, National Registry of Exonerations, Texas, Troy Davis, University of Michigan |
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White middle class Americans grow up imbibing Hollywood stereotypes of police states in which the villains have exotic names and accents and are very definitely not the kind of people you’d want to drink beer or smoke a joint with. But five young people who went to Chicago to oppose U.S. wars had the misfortune to meet some secret police who seemed to fit in quite well with their peer group. Known only as “Mo” and “Gloves,” the undercover police officers were among the eleven people originally seized at an apartment in the Bridgeport neighborhood of Chicago’s South Side. Then, suddenly, they were gone, but three of their erstwhile anti-war friends would face charges of manufacturing Molotov cocktails and conspiring to mount an attack on President Obama’s campaign headquarters. Apparently, Mo and Gloves will testify to that effect. However, attorneys at the National Lawyers Guild say there were no Molotov cocktails found at the scene, just some equipment to home brew beer.
Mo and Gloves were also apparently behind the arrest of two other activists, both from Chicago, charged with making terrorist threats and attempted possession of explosives or incendiary devices. The dynamic duo Mo and Gloves are expected to testify that the defendants confided that they wanted to burn and bomb things. One of the guys supposedly bragged that he could blow up a bridge in downtown Chicago. The other man allegedly wanted to build a pipe bomb. They are guilty, you see, of felonious and wishful thinking.
The two undercovers were clearly among the most gregarious couples in town for the NATO summit meeting. A defense attorney said lots of activists told her they had met Mo and Gloves – and were, understandably, worried.
In Cleveland, a 39-year-old police informant named Shaquille Azir appears to have lured five young guys who were associated with the Occupy movement and called themselves anarchists into a possible lifetime in prison. According to an excellent Counterpunch article by Jake Olzen, Azir talked himself into the men’s lives, encouraged them to separate from Occupy to form a People’s Liberation Army, and finally, got them to try to blow up a bridge with an inert bomb built with materials provided by the FBI. The informant Azir accomplished this feat of mass manipulation through the dispensing of vast quantities of beer. Every morning, he gave his victims a case of beer, and each evening he showed up with marijuana and another case of beer. It is, therefore logical to conclude that American capitalism is threatened, not so much by implacable opponents or internal contradictions, but by beer.
When I was a very young child, there was a television show called “I Led Three Lives.” The hero was an undercover informant who infiltrated American communist cells to expose their violent plans. The communists were all played by character actors from gangster films. The result was pure fiction, but it did hang together as a typical TV melodrama of the time. However, I think there will never be a movie about the undercover cops Mo and Gloves, who flitted around Chicago making up conversations in order to put people they had never met in prison for life. There oughta be a movie like that, but there won’t. Even the cops would be shamed.
BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
May 23, 2012
Posted by aletho |
Civil Liberties, Deception, False Flag Terrorism, Timeless or most popular | Federal Bureau of Investigation, Molotov cocktail, national lawyers guild, NATO, NATO Summit, United States |
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BETHLEHEM – Israeli authorities should release the director of a new Palestinian satellite broadcaster who has been detained since Thursday, the Committee to Protect Journalists said Tuesday.
“Israeli authorities should consider the message they are sending by imprisoning the head of a station that covers news about prisoners,” said Mohamed Abdel Dayem, CPJ’s coordinator for Mideast issues.
“Authorities should not be holding Bahaa Khairi Moussa, and certainly not without explanation. He should be released immediately, and the station’s equipment should be returned.”
Moussa, the general director of the Palestine Prisoner Channel, was arrested Thursday in Jenin. Soldiers confiscated his station’s equipment during the raid, his colleagues said.
Reporters Without Borders, meanwhile, strongly condemned the arrest.
“Such abuses aimed at stifling the Palestinian media must cease,” the group said Monday.
“This is the third time since the start of 2012 that the Israeli authorities have victimized a Palestinian media organization. We call for the immediate release of Baha Mousa and the return of all confiscated equipment,” the Paris-based group said in a statement.
It called the raid “illegal under international law” because it took place in Palestinian territory.
In April, soldiers shut down the officers of a new broadcaster in occupied East Jerusalem and in February, soldiers raided two Palestinian TV stations, Watan and Al-Quds TV in Ramallah.
May 23, 2012
Posted by aletho |
Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | Israel, Reporters Without Borders |
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RAMALLAH – A Gaza engineer kidnapped by Israel in the Ukraine last year is the last remaining prisoner held in solitary confinement, after the hunger-strike deal sought to end the practice, his lawyer said Tuesday.
Dirar Abu Sisi is still being held in an isolation cell in Ashkelon prison, while all others have been returned to normal wards, lawyer Karim Karim Ajwah said, noting his case was “kept secret in an unusual way.”
Abu Sisi disappeared in February 2011 while traveling on a train in Ukraine and Israel later announced that it was holding him in a southern Israeli jail.
A former head of the Gaza power plant, he is accused of working with Hamas to improve its rocket technologies.
Abu Sisi threatened to refuse food and water if promises to move him from solitary confinement are not fulfilled.
He asked his lawyer to contact Egypt to intervene in his case, after the country brokered a deal last Tuesday between Israeli authorities and Palestinian prisoners to end a mass hunger strike in Israeli jails.
The agreement included a commitment to move isolated prisoners to normal cells within 72 hours, according to prison representatives.
May 22, 2012
Posted by aletho |
Civil Liberties, Deception, Subjugation - Torture | Ashkelon, Gaza, Hamas, Israel, Palestinian prisoners in Israel, Solitary confinement |
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Drones, or unmanned aerial vehicles (UAVs), have become the centrepiece of the allied military strategy in the “war on terror.”
In 2011 they were deployed in Libya, Somalia, Afghanistan, Yemen, Pakistan, Iraq, Palestine and Turkey.
According to the Economist, drone strikes have increased by 1,200 per cent since 2005. This is equivalent to one strike every four days.
Modern warfare is transforming and could lead to the deployment of military robots that make attack decisions independently.
Termed as “automatic deletion,” human operators would be taken out of the loop and preprogrammed robots would carry out missions guided by artificial intelligence.
According to Teal Group, a US aerospace and defence analysis firm, investment in the industry is projected to rise to $89 billion over the next 10 years.
Author of the study and director of Teal’s corporate analysis Philip Finnegan predicted that “the UAV market will continue to be strong despite cuts in defence spending.
“UAVs have proved their value in Iraq, Afghanistan and Pakistan and will continue to be a high priority for militaries in the US and worldwide.”
Israel is the leading global exporter of UAVs, while other key players in the industry include Canada, France, Italy and South Africa. There are currently 40 companies selling and manufacturing drones, and 50 countries have acquired the technology.
In recent years Britain has been using Israeli drones in Afghanistan which it has rented on a pay by the hour basis from the company Elbit Systems.
British soldiers have also received training in Israel on how to operate the weapons.
Proponents of drone warfare claim that UAVs bring down the costs of war. They argue that civilian casualties are reduced due to higher-precision strikes.
Furthermore, they highlight that robots could make war more ethical, as they cannot act out of malice or hatred which can lead to war crimes or other abuses of human rights.
While the Economist asserts that “claims that drones are constantly blowing up Afghan weddings is wrong,” the fact remains that civilian casualties are rising and protests against their use are intensifying worldwide. In response, savvy industry leaders have mobilised to discuss “how to stop the public hysteria surrounding UAV operations in the 21st century?” and the MoD has committed to implementing a communications strategy to counter negative publicity.
The Bureau for Investigative Journalism has reported that between 2004 and August 2011, 2,347 people were killed by US drones. Between 392 and 781 were civilians, and of these 175 were children.
Other sources state that at least one of these victims was disabled and confined to a wheelchair.
Additionally, six of these victims were British nationals, but the British government has not investigated their deaths.
Meanwhile, of the two US citizens killed in strikes, one was alleged by the CIA to have been al-Qaida’s leader in the Arabian Peninsula.
In September 2011 Anwar al-Awlaki was assassinated in Yemen by a US drone. Two weeks later, in a separate attack, his 16-year-old son was one of nine people killed.
Concerns have been raised by lawyers about the legality of Awlaki’s assassination as a US citizen with no criminal charge.
Against this background the American Civil Liberties Union said: “If the constitution means anything, it surely means that the president does not have the unreviewable authority to summarily execute any citizen who it concludes is an enemy of the state.”
In November 2011, 16-year-old Tariq Aziz and his 12-year-old cousin Waheed Khan were both killed by US drone strikes in Northern Waziristan. Just days before his death, Tariq had attended a meeting organised by the British charity Reprieve.
Tariq had agreed to assist the organisation by taking pictures of the aftermath of Allied strikes.
Mounting civilian casualties and the lack of accountability for these deaths is fuelling anger globally. In November 2011, 2,000 people staged an anti-drone demonstration outside the parliament building in Islamabad, and for the first time Yemeni citizens came together to voice their outrage in Sana’a.
Human rights lawyer Shazad Akbar is suing the CIA for the killing of Pakistani civilians.
Furthermore, legal action taken by human rights groups against Foreign Secretary William Hague could lead to his prosecution for war crimes. He is accused of providing intelligence that assisted CIA-targeted killings in Pakistan.
In April last year a civil disobedience action was staged at Hancock Air National Guard Base in the US. Thirty-eight anti-drone protesters were arrested and some have been put on trial.
Meanwhile at RMT University in Melbourne, protesters disrupted a meeting organised by UAV manufacturers. They urged attendees to reject technological innovations which enable killing from great distance and condemned the use of the weapons as immoral.
Drone Wars UK has demanded the classification of drones as “too cruel to use, like cluster munitions and landmines.” This has been backed by critics who warn that the use of robots to achieve military objectives could amount to a disproportionate use of force.
In future, drones could be developed that achieve superhuman levels of accuracy, reaching a 100 per cent rate of effectiveness. However such capability would break rules of proportionality under international humanitarian law (IHL).
Overseen by the International Red Cross, IHL bans weapons that cause more than 25 per cent mortality on the battlefield and 5 per cent mortality in hospitals.
The question of the legality of targeted killing remains unanswered. The US and British governments either refuse to disclose information about when this policy is applied or deny outright that it is happening. Lawyers state that targeted killings contravene the rule of law and argue that this amounts to state-sanctioned assassination.
Criticising the EU’s silence on targeted killing in Pakistan, analyst Nathalie Van Raemdonck contends that drone warfare could be illegal, and that the EU’s failure to put pressure on the US to explain the legal basis of its policy is due to a lack of consensus caused by vested interests among member states.
She warns: “Even though the analysis of the US’s targeted killing makes it clear that it is a legally and morally controversial practice, it is possible that the EU finds advantages of avoiding the subject to be greater than those of living up to its moral obligation of urging the US to comply with international law.”
Agreeing with Van Raemdonk’s warnings against a backlash, critics argue that robotic warfare could destabilise global security and deepen hostility towards British and US peacekeeping or military interventions overseas.
Robots, they say, would make war easier to wage, as the safety of remote operators thousands of miles away from their targets would make them less concerned about killing.
An adviser to the CIA and expert on robots has emphasised the need for continued human diplomacy to avoid fuelling resentment.
Highlighting Iraq, he said: “Sending in robot patrols into Baghdad to keep the peace would send the wrong message about our willingness to connect with residents. We still need human diplomacy for that. In war this could backfire against us, as our enemies mark us as dishonourable and cowardly for not willing to engage them man to man. This serves to make them more resolute in fighting us and leads to a new crop of determined terrorists.”
As has occurred with all war technologies in the past, the risk of UAV proliferation is high.
Noting this danger, UN Special Rapporteur on Extra Judicial Killing Christof Heyns warned: “The use of such methods by some states to eliminate opponents around the world raises the question why other states should not engage in the same practices.
“The danger is one of global war without borders, in which no one is safe.”
May 21, 2012
Posted by aletho |
Civil Liberties, Militarism, Solidarity and Activism, Timeless or most popular, War Crimes | American Civil Liberties Union, Anwar al-Awlaki, Central Intelligence Agency, CIA, Pakistan, UAV, United States, Unmanned aerial vehicle |
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German media regulatory body BLM has failed to provide legal justification for its decision to ban Press TV, after the channel files a lawsuit against the organization.
Press TV’s legal team says it has very strong evidence against BLM’s decision to ban the channel from a satellite platform in Europe.
It also says BLM has provided the court with a poor defense in which it has failed to provide any legal justification for its controversial move. The channel has called the ban “illegal.” And, in the lawsuit, Press TV has claimed compensation.
BLM took Press TV off the SES Astra satellite platform in early April. The media regulator claimed Press TV had no license to broadcast. However, the channel’s legal team has submitted documents to the court that prove Press TV can broadcast under German law.
An administrative court in Germany has accepted Press TV’s argument and the legal procedures have begun. The court has not yet specified a date for the hearings, but they are expected to start soon.
The channel has learned that the satellite platform is also taking legal action against BLM. Press TV has criticized German authorities for their attempt to silence the voice of the alternative news channel.
Press TV was taken off the air in Britain earlier this year, almost two years after the British government’s media regulatory body, Ofcom, launched a politically-charged battle against the channel.
According to Wikileaks’ cables, American and British officials discussed ways of limiting the operations of Press TV in a London meeting in 2010.
May 20, 2012
Posted by aletho |
Civil Liberties, Full Spectrum Dominance | BLM, Germany, Government of the United Kingdom, Ofcom, Press TV, SES Astra |
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The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) recently issued its weekly report on Israeli violations in the occupied territory for the period between 9- 15 of May, revealing that Israeli soldiers shot at least 370 Palestinians during the Nakba commemoration, and continued their violations in the West bank and the Gaza Strip.
The report indicated that the number of Palestinians injured by Israeli fire since the beginning of this year has reached 1,339, adding that the rate of injuries is 69 a week, comparing to 28 a week last year.
Most of the injuries took place when the soldiers attacked Nakba protests on May 15, especially the protests that were held near the Qalandia terminal, north of Jerusalem, and the Ofer prison terminal near Ramallah.
OCHA further stated that Israel demolished seven Palestinian buildings under the claim that they were built without construction permits.
It said that 27 Palestinians were also injured during a weekly protest against Israeli restrictions preventing Palestinian farmers from reaching their lands near the Qadumim settlement, built on lands that belong to residents of Qalqilia, in the northern part of the West Bank.
OCHA also said that Israeli settlers carried out several attacks against the residents and their lands, leading to several injuries while Israeli settlers cut more than 430 trees, including at least 280 olive trees near Nablus, Salfit and Bethlehem.
The Office said that Israeli settlers cut at least 3,070 trees since the beginning of 2012 (most of them are olive trees), and injured 50 residents.
As for the destruction of property, OCHA stated that, during the reported period, Israel demolished seven Palestinian-owned livelihood structures affecting 40 Palestinians. The buildings are in Burqa in the Nablus district, Al-Jalama near Jenin, and Husan near Bethlehem, in addition to the destruction of a water cistern and the foundations of a house under construction in Beit Hanina neighborhood in East Jerusalem; Israel also issued demolition orders against Palestinian houses in Silwan, in occupied East Jerusalem.
According to OCHA, Israel demolished 285 Palestinian buildings displacing 477 Palestinians, which is a %25 increase comparing structures demolished in 2011.
Israeli soldiers also shot and wounded more than eight Palestinians near the border with Israel, in the Gaza Strip during the reported week. The residents were treated for the effects to teargas inhalation when the soldiers targeted them for “approaching the security fence”; the residents were working in their own lands.
OCHA said that 29 Palestinians were killed in the Gaza Strip and 155 were injured since the beginning of this year.
The Israeli Navy also continued its restrictions and attacks against Palestinian fishermen, as Israel continued to limit the fishing area allotted to Gaza fishermen for only three nautical miles. During the period of this weekly report, the Navy detained fishermen and confiscated their boats; the fishermen were released but the fishing boats remained with Israel.
Fuel shortages and power outages in Gaza continued to hinder the lives of 1.6 million Palestinians in Gaza, while the Gaza Power Plant is only producing 25 megawatts of the needed 80 megawatts.
Fuel smuggling into Gaza via siege-busting tunnels this week was less that %15 of the 800,000 – one million liters of diesel and benzene that used to enter Gaza regularly each day prior the onset of fuel crisis in 2011.
The Palestinian Fishermen Syndicate said that the number of fishing trips conducted in recent months witnessed a sharp decrease (less than four trips a month for each fishing boat) compared to 15 trips a month.
It is worth mentioning that more than 65,000 Palestinians depend on fishing as their only source of livelihood in the Gaza Strip but are suffering due to increased Israeli restrictions. In April, Gaza fishermen fished 99.6 Tons.
Please follow the link for the comprehensive report issued by OCHA in the Occupied Palestinian Territory.
May 19, 2012
Posted by aletho |
Civil Liberties, Ethnic Cleansing, Racism, Zionism, Illegal Occupation, Subjugation - Torture | East Jerusalem, Gaza, Israel, Office for the Coordination of Humanitarian Affairs, West Bank |
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Action on PREA Can End the Violence
Today the Department of Justice released the long-awaited Prison Rape Elimination Act (PREA) regulations, representing the first time that the federal government has issued national standards to help end sexual abuse in correctional facilities. The regulations are two years late and a lot of harm has been done in their absence, but now that they’ve finally been released they can help us protect important constitutional and human rights and ensure safe and fair correctional facilities that assist prisoners in rehabilitation rather than needlessly brutalizing them. The ACLU supports the Department’s efforts to protect and prevent sexual abuse in places of detention, although we regret that immigration facilities are not yet included in these standards.
Sadly, the problem of prison rape is just as pressing now as it was when Congress passed PREA in 2003. Below is the shameful index of prison rape in prisons, jails and youth detention centers across the country. These numbers reflect a national tragedy. But PREA gives us the critical tools to stop rape in our corrections facilities. Now, federal, state and local governments and the public must take strong and continued action to ensure that the promise of PREA becomes a safe and secure reality.
Number of people imprisoned in the United States: 2.3 million
Number of victims of rape or sexual abuse in U.S. prison, jails and juvenile detention facilities in the past year according to the Justice Department: 216,600 (the DOJ admitted it was likely “underestimating the extent of the problem”)
Number of victims of rape or sexual abuse in U.S. prison, jails and juvenile detention facilities since the initial PREA legislation as signed into law (Sept. 4, 2003): 1,884,909
Number of days past the Department of Justice’s deadline (June 23, 2010) for establishing the final standards: 717
Number of victims of rape or sexual abuse in U.S. prison, jails and juvenile detention facilities since the Department of Justice missed its deadline to establish regulations: 411,332
Percentage of youth in state juvenile facilities and large non-state facilities who experienced one or more incidents of sexual victimization in the past 12 months: 12%
Percentage of youth sexually victimized by a corrections staff member: 10.3%
Percentage of former state prisoners reporting one or more incidents of sexual victimization while in jail, prison or post-release community treatment facilities: 9.6%
Percentage of male former state prisoners who identified as homosexual or gay who reported being sexually victimized by another inmate: 39%
Percentage of male bisexual former state prisoners who reported being sexually victimized by another inmate: 34%
Percentage of transgender prisoners reporting being sexually assaulted in prison or jail according to a national survey: 15%
Percentage of black transgender prisoners reporting being sexually assaulted in prison or jail according to a national survey: 34%
Percentage of former state prisoners who experience retaliation in the form of disciplinary charges after reporting sexual victimization by a staff member: 46.3%
Percentage of former state prisoners who reported no facility response at all, after reporting sexual victimization by another prisoner: 37%
Number of states which allow cross-gender pat downs: 30
Number of reported incidents of sexual abuse in immigration detention facilities since 2007: 185
Number of organizations which urged President Obama to instruct the Department of Justice to extend PREA coverage to immigration detention facilities: 38
Number of members of the National Sheriff’s Association, which called on the Department of Justice to extend its PREA regulations to Department of Homeland Security detention centers: 18,000
May 18, 2012
Posted by aletho |
Civil Liberties, Subjugation - Torture | 2003 Prison Rape Elimination Act, Justice Department, PREA, Prison, Sexual abuse, United States, United States Department of Justice |
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Who Are the Evil Ones?
Remember that they (the evil ones) hate our freedoms.
Remember, too, that in the aftermath of 9/11, the war criminals told us this repeatedly. Here’s an example from George W. Bush:
They hate what they see right here in this chamber: a democratically elected government. Their leaders are self-appointed. They hate our freedoms: our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other.
And another:
We must be strong and we must be decisive. We must stop the evil ones, so our children and grandchildren can know peace and security and freedom in the greatest nation on the face of the Earth… We know we’re one people; we know we’re one country. We’re united from coast to coast by a determination and a firm resolve to see that right prevails.
Remember, too, that this freedom, inspiring all that hatred, is enshrined in the Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Remember that the words “freedom” and “evil ones” also are enshrined in the language of corporate media “stars” and politicians.
Recall the words Barack Obama spoke during his Nobel Peace Prize acceptance speech:
The service and sacrifice of our men and women in uniform has promoted peace and prosperity from Germany to Korea, and enabled democracy to take hold in places like the Balkans. We have borne this burden not because we seek to impose our will. We have done so out of enlightened self-interest — because we seek a better future for our children and grandchildren, and we believe that their lives will be better if others’ children and grandchildren can live in freedom and prosperity.
There’s the word “freedom” again. But in this paragraph, it refers to providing liberty to those whose countries we invade and occupy because we “seek” whatever (?) good transpires from granting “freedom and prosperity” to others.
Now, make note that the United States has departments and legislation to protect freedom to prevent the evil ones from inflicting harm. Here’s a list:
Department of Homeland Security (DHS)
Transportation Security Administration (TSA)
Total Information Awareness (TIA)
Patriot Act
Military Commissions Act
Homegrown Terrorism Act
House Resolution 347
National Defense Authorization Act
And think about the NATO Summit in Chicago—May 20th and 21st. But first read an article by John LaForge for a stomach-lurching look at NATO’s “mission accomplishments”.
I just took a break from writing this, checked my mail, and read the following from Free Press:
Whether you’re a credentialed journalist, a protester or a bystander with a smartphone, you are guaranteed freedom of speech, freedom of assembly and freedom of access to information. Your right to document public events must also be protected.
Unfortunately, not everyone sees it this way. Conflicts are escalating between those trying to bear witness on one side and local police and government officials on the other. All too often, the First Amendment is caught in the middle.
As protests and election-year events unfold in 2101, we must guard these rights and protect the networks that help us voice our political beliefs. Our First Amendment right to record must extend to everyone.
But Chicago Mayor Rahm Emanuel has put his official boot on this prerogative (the freedom for which the evil ones hate us) with certain ordinances that will remain in force after the summit:
- Authorization for the Mayor to purchase and deploy surveillance cameras throughout the city, without any type of oversight.
- Restrictions on public activity, including amplified sound and morning gatherings.
- Restrictions on parades, including the requirement to purchase an insurance policy worth $1 million and to register every sign or banner that will be held by more than one person.
- The power to deputize many different types of law enforcement personnel other than the Chicago Police Department.
After 9/11, fear and loss-of-liberty threats became a perfect petri dish for the corporatocracy and a miasma of secrecy, surveillance, intimidation, punitive measures, and endless war.
Pay close attention to the “Police Forces” section in the Wikipedia piece. Along with this and all of the above, the truth about this freedom-hating propaganda strobe lights the impoverishment of loss. So many of the hallowed freedoms have been eliminated by the real enemies—Wall Street criminals and their puppets who reside in US government positions of “leadership.”
If “they” attacked us only because they hated our freedoms, there’s nothing to hate anymore.
Missy Beattie lives in Baltimore, Maryland. She can be reached at: missybeat@gmail.com
May 18, 2012
Posted by aletho |
Civil Liberties, Deception, Full Spectrum Dominance, Timeless or most popular | Chicago Police Department, Hatred, Political freedom, Transportation Security Administration, United States |
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Even after a federal court deemed the NDAA unconstitutional, the US House of Representatives refused to exclude indefinite detention provisions from the infamous defense spending bill during a vote on Friday.
An attempt to strike down any provisions allowing for the US military to indefinitely detain American citizens without charge from next year’s National Defense Authorization Act was shot down Friday morning in the House of Representatives.
Following discussions on an amendment to the 2013 NDAA that was proposed by Rep. Adam Smith (D-Washington) and Rep. Justin Amash (R-Michigan), House lawmakers opted against passing the law by a vote of 182-238. Had the Smish-Amash amendment passed, military detention for terror suspects captured in the US would have been excluded in the annual defense spending bill. Provisions that allow for that power, Sections 1021 and 1022, were inserted into the NDAA for Fiscal Year 2012. President Barack Obama signed that legislation on New Year’s Eve, essentially authorizing the US Armed Forces to detain Americans indefinitely at military facilities over only allegation of ties with terrorists and subject them to enhanced interrogation tactics on par with torture.
On Thursday night, Rep. Amash took to his Facebook page to address the amendment with his followers. “No matter how much I am slandered or my positions are demagogued, I will NEVER stop fighting to defend your liberty and the Constitution,” wrote the congressman.
Back on Capitol Hill, Rep. Amash circulated a document to his fellow lawmakers on Thursday outlining his proposed amendment. In urging his colleagues to vote yes on the Smith-Amash amendment, the representative from Michigan explained to Congress that the proposal would offer protection to non-citizens of the United States and is the only amendment up for discussion that would guarantee Americans a charge and trial.
Elsewhere in the paper, Rep. Amash harped on a decision out of a federal court earlier this week that ruled that the NDAA violated the US Constitution.
“Our constituents demand that we protect their right to a charge and a trial — especially after the NDAA was ruled unconstitutional this week,” wrote Rep. Amash.
That decision came Wednesday when United States District Judge Katherine Forrest shunned the NDAA’s indefinite detention provision, saying it had a “chilling impact on First Amendment rights.”
“An individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so,” wrote Judge Forrest, who then cited complaints for American journalists who were concerned that they’d be imprisoned without charge solely for speaking with alleged terrorists.
Attorney Carl Mayer represented the plaintiffs in this case and spoke with RT after Judge Forrest’s decision. Mr. Mayer revealed that while the Obama administration can — and most likely will — file an appeal, “we are suggesting that it may not be in their best interest because there are so many people from all sides of the political spectrum opposed to this law.”
Although that opposition has indeed been widespread since even before this year’s NDAA was signed by President Obama on December 31, it was absent on Capitol Hill this Friday when the Smith-Amash amendment was shot down.
Moments before the amendment went up for vote, Rep. Amash wrote on Facebook, “We know the NDAA’s detention provision is unconstitutional. The House will vote on one substantive solution.”
“Will we fix it? And if we don’t, how will we explain that to our constituents?”
May 18, 2012
Posted by aletho |
Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | Carl Mayer, Justin Amash, National Defense Authorization Act, NDAA, United States Constitution |
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The phrase “right to exist” entered my consciousness in the 1990s just as the concept of the two-state solution became part of our collective lexicon. In any debate at university, when a Zionist was out of arguments, those three magic words were invoked to shut down the conversation with an outraged, “are you saying Israel doesn’t have the right to exist??”
Of course you couldn’t challenge Israel’s right to exist – that was like saying you were negating a fundamental Jewish right to have… rights, with all manner of Holocaust guilt thrown in for effect.
Except of course the Holocaust is not my fault – or that of Palestinians. The cold-blooded program of ethnically cleansing Europe of its Jewish population has been so callously and opportunistically utilized to justify the ethnic cleansing of the Palestinian Arab nation, that it leaves me utterly unmoved. I have even caught myself – shock – rolling my eyes when I hear Holocaust and Israel in the same sentence.
What moves me instead in this post-two-state era, is the sheer audacity of Israel even existing.
What a fantastical idea, this notion that a bunch of rank outsiders from another continent could appropriate an existing, populated nation for themselves – and convince the “global community” that it was the moral thing to do. I’d laugh at the chutzpah if this wasn’t so serious.
Even more brazen is the mass ethnic cleansing of the indigenous Palestinian population by persecuted Jews, newly arrived from their own experience of being ethnically cleansed.
But what is truly frightening is the psychological manipulation of the masses into believing that Palestinians are somehow dangerous – “terrorists” intent on “driving Jews into the sea.” As someone who makes a living through words, I find the use of language in creating perceptions to be intriguing. This practice – often termed “public diplomacy” has become an essential tool in the world of geopolitics. Words, after all, are the building blocks of our psychology.
Take, for example, the way we have come to view the Palestinian-Israeli “dispute” and any resolution of this enduring conflict. And here I borrow liberally from a previous article of mine…
The United States and Israel have created the global discourse on this issue, setting stringent parameters that grow increasingly narrow regarding the content and direction of this debate. Anything discussed outside the set parameters has, until recently, widely been viewed as unrealistic, unproductive and even subversive.
Participation in the debate is limited only to those who prescribe to its main tenets: the acceptance of Israel, its regional hegemony and its qualitative military edge; acceptance of the shaky logic upon which the Jewish state’s claim to Palestine is based; and acceptance of the inclusion and exclusion of certain regional parties, movements and governments in any solution to the conflict.
Words like dove, hawk, militant, extremist, moderates, terrorists, Islamo-fascists, rejectionists, existential threat, holocaust-denier, mad mullah determine the participation of solution partners — and are capable of instantly excluding others.
Then there is the language that preserves “Israel’s Right To Exist” unquestioningly: anything that invokes the Holocaust, anti-Semitism and the myths about historic Jewish rights to the land bequeathed to them by the Almighty – as though God was in the real-estate business. This language seeks not only to ensure that a Jewish connection to Palestine remains unquestioned, but importantly, seeks to punish and marginalize those who tackle the legitimacy of this modern colonial-settler experiment.
But this group-think has led us nowhere. It has obfuscated, distracted, deflected, ducked, and diminished, and we are no closer to a satisfactory conclusion… because the premise is wrong.
There is no fixing this problem. This is the kind of crisis in which you cut your losses, realize the error of your ways and reverse course. Israel is the problem. It is the last modern-day colonial-settler experiment, conducted at a time when these projects were being unraveled globally.
There is no “Palestinian-Israeli conflict” – that suggests some sort of equality in power, suffering, and negotiable tangibles, and there is no symmetry whatsoever in this equation. Israel is the Occupier and Oppressor; Palestinians are the Occupied and Oppressed. What is there to negotiate? Israel holds all the chips. They can give back some land, property, rights, but even that is an absurdity – what about everything else? What about ALL the land, property and rights? Why do they get to keep anything – how is the appropriation of land and property prior to 1948 fundamentally different from the appropriation of land and property on this arbitrary 1967 date?
Why are the colonial-settlers prior to 1948 any different from those who colonized and settled after 1967?
Let me correct myself. Palestinians do hold one chip that Israel salivates over – the one big demand at the negotiating table that seems to hold up everything else. Israel craves recognition of its “right to exist.”
But you do exist – don’t you, Israel?
Israel fears “delegitimization” more than anything else. Behind the velvet curtain lies a state built on myths and narratives, protected only by a military behemoth, billions of dollars in US assistance and a lone UN Security Council veto. Nothing else stands between the state and its dismantlement. Without these three things, Israelis would not live in an entity that has come to be known as the “least safe place for Jews in the world.”
Strip away the spin and the gloss, and you quickly realize that Israel doesn’t even have the basics of a normal state. After 64 years, it doesn’t have borders. After six decades, it has never been more isolated. Over half a century later, and it needs a gargantuan military just to stop Palestinians from walking home.
Israel is a failed experiment. It is on life-support – pull those three plugs and it is a cadaver, living only in the minds of some seriously deluded foreigners who thought they could pull off the heist of the century.
The most important thing we can do as we hover on the horizon of One State is to shed the old language rapidly. None of it was real anyway – it was just the parlance of that particular “game.” Grow a new vocabulary of possibilities – the new state will be the dawn of humanity’s great reconciliation. Muslims, Christians and Jews living together in Palestine as they once did.
Naysayers can take a hike. Our patience is wearing thinner than the walls of the hovels that Palestinian refugees have called “home” for three generations in their purgatory camps.
These universally exploited refugees are entitled to the nice apartments – the ones that have pools downstairs and a grove of palm trees outside the lobby. Because the kind of compensation owed for this failed western experiment will never be enough.
And no, nobody hates Jews. That is the fallback argument screeched in our ears – the one “firewall” remaining to protect this Israeli Frankenstein. I don’t even care enough to insert the caveats that are supposed to prove I don’t hate Jews. It is not a provable point, and frankly, it is a straw man of an argument. If Jews who didn’t live through the Holocaust still feel the pain of it, then take that up with the Germans. Demand a sizable plot of land in Germany – and good luck to you.
For anti-Semites salivating over an article that slams Israel, ply your trade elsewhere – you are part of the reason this problem exists.
Israelis who don’t want to share Palestine as equal citizens with the indigenous Palestinian population – the ones who don’t want to relinquish that which they demanded Palestinians relinquish 64 years ago – can take their second passports and go back home. Those remaining had better find a positive attitude – Palestinians have shown themselves to be a forgiving lot. The amount of carnage they have experienced at the hands of their oppressors – without proportional response – shows remarkable restraint and faith.
This is less the death of a Jewish state than it is the demise of the last remnants of modern-day colonialism. It is a rite of passage – we will get through it just fine. At this particular precipice in the 21st century, we are all, universally, Palestinian – undoing this wrong is a test of our collective humanity, and nobody has the right to sit this one out.
Israel has no right to exist. Break that mental barrier and just say it: “Israel has no right to exist.” Roll it around your tongue, tweet it, post it as your Facebook status update – do it before you think twice. Delegitimization is here – have no fear. Palestine will be less painful than Israel ever was.
Sharmine Narwani is a commentary writer and political analyst covering the Middle East. You can follow Sharmine on twitter @snarwani.
May 17, 2012
Posted by aletho |
Civil Liberties, Ethnic Cleansing, Racism, Zionism, Supremacism, Social Darwinism, Timeless or most popular | Israel, Jewish State, Palestine, Right To Exist |
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