‘FBI uses situations with terrorism to gain access to Americans’ private lives’ – John McAfee
RT | June 23, 2016
The FBI uses situations like terrorism as a pretext to enter the private lives of Americans. It shows the US government has lost sight of the meaning of privacy, John McAfee, of McAfee Antivirus, former Libertarian candidate for president, told RT America.
The US Senate rejected Wednesday a bill that would empower the FBI to get warrantless access to people’s metadata, including internet browsing histories. It had been proposed after the shooting at a gay club in Orlando. However, another vote on the bill – is expected to come soon. Senate Republican leader Mitch McConnell switched his vote to ‘no’ at the end of the voting in a move that will allow him to bring the legislation up for consideration again.
RT: How dangerous might this amendment be to privacy, if the FBI could so easily and legally gather metadata information? What are the potential repercussions?
John McAfee: The concept is horrific. Using metadata alone – you can find out a lot about a person. But to look at the browsing history – for heaven’s sake that is got to be among the most private of all things. There are people who might visit unsavory sites – that is their business, not my business. What has happened in the American government is our government has lost sight of the meaning of privacy.
Privacy is not just if you have nothing to hide, you have nothing to fear – that is nonsense. Privacy is exercised by every individual in this country hundreds of times per day. With every relationship that you have, you choose a different level of privacy. Buying something at the store from a clerk you do not know, you might talk about at most the weather or the price of clothes. When you talk to a casual acquaintance – she might divulge more. To a good friend – you might divulge a lot. To your spouse – you might divulge everything. But even then you might choose to withhold certain things…
RT: Isn’t it up to a citizen how much to disclose?
JM: Yes, absolutely… If everyone knew everything about everyone else, we would have chaos. When the government begins to remove those barriers that we purposely put in place to keep society functioning smoothly then we’re taking away a foundation of the same society. Please see this – this is insane.
RT: Proponents of expanding the Patriot Act argue that allowing extending the powers for the FBI and other intelligence agencies could have prevented the Orlando attack. Are they right, or are they just exploiting the fears of American?
JM: They are totally wrong. Look at the powers that they already have that have done nothing. The FBI is supposed to be one of the most technologically advanced parts of our country. Yet, during the iPhone incident with Apple they couldn’t even get into a phone which I know 10,000 hackers could easily get into this.
The FBI specifically is using situations like terrorism to try to gain an entry into the private lives of the American public – first by going to Apple saying “give us a master key!” Had they succeeded? They then had gone to Google, which owns 92 percent of the market and said: “You give us a master key!” Now they are asking Congress to in the name of protecting society to let us invade the rights of society. You can’t do that. There is no way to protect us by invading us.
RT: Donald Trump earlier said that Americans don’t know what was in Clinton’s deleted e-mails, while US “enemies probably know every single one of them.” Given your role as a technologist, how true is all of that? Do you think somebody accessed her e-mails and can they permanently be deleted?
JM: Ok, I’d like to first say that I very seldom agree with Trump. However, in this case he is absolutely correct. We have records, public statements her server has been hacked. They shut it down a couple of times because a hack was in process. Now, what does that mean – a hacking process – if you noticed it, your data is gone. They had taken the security controls off her server, because many people were not getting her e-mails. Her server was hacked – we know this. I am well-connected with the dark web; I have to be, because I am in the security business. And if you don’t know what the bad people are doing, then you can’t build a good product…
The government is completely clueless when it comes to security. Or if they are not clueless then they are deliberately deceiving the American public. I don’t want to believe that.
Read more:
Senate narrowly blocks amendment allowing warrantless access to online data
FBI using Israeli firm to crack San Bernardino iPhone without Apple
An Armenian American Group Caves in to the Anti-Defamation League
By David Boyajian | Dissident Voice | June 14, 2016
For several decades the Anti-Defamation League (ADL) and other leading Jewish American organizations (AIPAC, AJC, B’nai B’rith, and JINSA) have deliberately colluded with Turkey and Israel to defeat U.S. Congressional resolutions on the Christian Armenian Genocide and to diminish the factuality of that genocide.
Yola Habif Johnston, a director at JINSA (Jewish Institute for National Security Affairs), once admitted that “the Jewish lobby has quite actively supported Turkey in their efforts to prevent the so-called Armenian genocide resolution from passing.”
The hypocrisy is breathtaking given these organizations’ loud, endless demands for recognition of, and legislation on, the Jewish Holocaust.
Starting in 2007, Armenian Americans in Massachusetts and elsewhere made international news by exposing the national ADL’s hypocrisy. In disgust, 13 Massachusetts cities and the umbrella Massachusetts Municipal Association kicked out the ADL’s alleged anti-bias program, “No Place for Hate.” Human rights advocates and many honest Jews supported those efforts. The Turkish government raged that its collaboration with Israel, the ADL, and other Holocaust hypocrites had been blown wide-open.
But in mid-May, a small group of Armenian Americans in Massachusetts — including the politically ambitious Sheriff of Middlesex County Peter Koutoujian and a few members of the Armenian Assembly of America (AAA) and the Armenian National Committee of America (ANCA) — struck a horrible “deal” with the two-faced ADL.
For his part of the “deal,” ADL National Director Jonathan Greenblatt casually “blogged” that his organization now “unequivocally” acknowledges the Armenian Genocide and “would support” (not “do support”) American recognition of that genocide.
Even Andrew Tarsy, former Director of the New England ADL, termed the pact “inadequate“. The ADL “ought to lead the conversation about reparations for these [Armenian] families … assets, land … everything that Holocaust reparations … has represented should be on the table.”
Of the many things wrong with this “deal,” let’s list a few.
The Horrible “Deal”
- The “deal” was concocted behind the backs of the Armenian American community and the hundreds of activists — Armenian and non-Armenian — who started the campaign in 2007 and have battled the ADL since. Why haven’t the verbal or written details of the negotiations and “deal” been made public? Why the lack of transparency?
- Greenblatt (former Starbucks VP and Special Assistant to Pres. Obama) isn’t the ADL’s highest official and may not have the authority to set policy. Have the ADL’s National Commission and National Executive Committee (its “highest policymaking bodies”) formally approved of Greenblatt’s “blog” post? We don’t know.
- The ADL has long played word games with the Armenian Genocide. In 2007, for example, it disingenuously dubbed it “tantamount to genocide” but not genocide. Greenblatt’s conditional claim that “we would support U.S. recognition of the Armenian Genocide” is similarly suspect. Why not just “we support”?
- The Armenian American activist website “NoPlaceForDenial.com” demands that the ADL “support U.S. affirmation of the Armenian Genocide, as it does with the Holocaust.” I authored those last six words years ago. They mean that as partial atonement the ADL must work as hard for acknowledgment of the Armenian Genocide as it has for the Holocaust. Nothing in Greenblatt’s statement remotely suggests that the ADL would do that.
- For three decades or more, the ADL has attacked Armenian Americans and worked with Turkey and Israel to defeat U.S. recognition of the Armenian Genocide. Yet the ADL has never apologized for its atrocious conduct. Ironically, the only ADL apology came in 2007 when National Director Abe Foxman apologized to Turkey because publicity surrounding the Armenian issue had embarrassed that country. The failure to obtain an apology from the ADL is scandalous.
- Americans deserve to know the details of the ADL’s longtime Genocide-denial pact with Turkey and Israel. Where are the documents, and why was their release not part of the “deal”?
The Berman Affair
Armenian Americans won a major victory in 2014 when Attorney Joseph Berman, an ADL National Commissioner, lost his bid to become a Massachusetts Superior Court judge. Governor Deval Patrick had nominated him in 2013. I testified against Berman.
Following a widely publicized fight, the eight elected Governor’s Councilors refused to confirm Berman. His leadership position in the hypocritical ADL was one reason why Councilors opposed him.
While I was in close touch with several Councilors, an incident occurred that has never before been made public.
A Councilor who opposed Berman told me of receiving several calls asking that the Councilor vote for Berman. One such caller was Sheriff Peter Koutoujian, an Armenian American prominent in the recent ADL “deal.” I remain deeply troubled by that call. Why would Koutoujian do such a thing? I think I know, but only Koutoujian can answer that question. He did not return my recent call asking about his past activities in the campaign against the ADL.
The final Council vote on Berman was 4 to 4. Had the Councilor voted as Koutoujian asked, the ADL’s candidate and the ADL would have triumphed, and Armenian activists would have been defeated.
That and other significant incidents raise questions as to whether the recent ADL “deal” was negotiated in the tough, adversarial way required to defend Armenian interests.
Failing to Confront
When a few activists and I launched the battle against the ADL in July 2007 and events were moving quickly, AAA and ANCA initially delayed even issuing a statement. Perhaps they were concerned about retaliation or being called anti-Jewish.
The following year, moreover, several activists and I became convinced that these organizations were not fully committed to the ADL fight. At one point, we were told that at least one of the organizations would no longer try to convince cities to sever ties with the ADL.
In 2015, even the NoPlaceForDenial.com website, an essential news resource maintained by ANCA persons, disappeared. It reappeared after I persisted in complaining about its removal.
Indeed, the ADL came under renewed pressure months ago only because I informed ANCA and a pro-AAA person that Newton, MA had, perhaps unintentionally, invited in the ADL after having booted it out in 2007.
Sheriff Koutoujian himself has long been very close to various Jewish organizations. He once received an award from the Jewish Community Relations Council of Greater Boston. He has taken two trips to Israel. The second one, last year, concerned “counter-terrorism.” It was organized by the ADL and funded by Israel’s Gal Foundation, which sponsors ADL programs. Of the 14 Massachusetts law enforcement personnel on the trip, Koutoujian was the only sheriff. Koutoujian later co-narrated a slideshow of the trip at a synagogue in Burlington, MA. Koutoujian has also spoken at other Jewish venues.
He recently wrote this on his Facebook page: “Thank you to the ADL and the Boston Globe for recognizing this terrible moment [Armenian Genocide] for what it is.” So after three decades of the ADL’s conspiring with Turkey to abuse Armenians, defeat Armenian Genocide resolutions, and damage the cause of genocide prevention, the ADL is thanked and all is forgiven, while hundreds of Armenian American activists get no thanks whatsoever? Incredible.
It’s well-known that Americans often interact with powerful Jewish American political organizations in two related ways. First, a person may hesitate to publicly disagree with such organizations due to concern about retaliation and being labeled anti-Jewish. On the other hand, being friendly and deferential to these organizations may advance one’s career in politics, academia, business, and other endeavors.
This question must be asked: Could these two types of interactions have adversely affected the post-2007 Armenian American campaign against, and the recent “deal” with, the ADL?
The Anti-Human Rights ADL
The ADL has an appalling anti-Armenian record. Despite this, recent stories about the “deal” in the Boston Globe and an Armenian American newspaper depicted the ADL as now somehow virtuous. Neither told readers about the ADL’s three decades of hypocrisy and collusion with Turkey.
The ADL claims to be “the nation’s premier civil rights/human relations agency [which] protects civil rights for all.” What nonsense! If that were so, it would never have been in the business of covering up genocide. Nor can acknowledging the Armenian Genocide magically now make the ADL a human rights organization. Indeed, the Armenian issue is just one of many that have unmasked the ADL.
The ADL, therefore, is not about civil or human rights. It’s just a Jewish political organization. For instance, it lobbied for an oil pipeline from Azerbaijan to Turkey. Human rights organizations don’t do that sort of thing.
What about nice-sounding ADL programs such as “No Place for Hate,” “World of Difference,” and “Combatting Bullying”? They’re covers. The ADL uses them to penetrate schools, colleges, corporations, and communities to enhance its visibility and political influence.
So that’s the organization that some Armenian Americans just made a “deal” with – a deal that was fatally flawed from the day it was conceived. True human rights advocates and perceptive Armenians reject it.
Real ‘aid’ means ending exploitation of Africa
By Yves Engler · June 10, 2016
What is wrong here? While Canadian companies exploit African resources for their own benefit this country’s charities call on us to join Africa “hope” walks.
Last week Toronto-based Lundin Mining hired the Bank of Montreal to help it decide what to do with its stake in the massive Tenke Fungurume copper-cobalt mine in Eastern Congo (Kinshasa). Unfortunately, it is not uncommon for Toronto firms to make economic decisions that affect hundreds of thousands of Africans and for Canadian companies to exchange African mineral assets among themselves.
A number of companies based and traded here have even taken African names. African Queen Mines, Tanzanian Royalty Exploration, Lake Victoria Mining Company, African Aura Resources, Katanga Mining, Société d’Exploitation Minière d’Afrique de l’Ouest (SEMAFO), Uganda Gold Mining, East Africa Metals, Timbuktu Gold, Sahelian Goldfields, African Gold Group and International African Mining Gold (IAMGOLD) are all Canadian. With a mere 0.5 percent of the world’s population, Canada is home to half of all internationally listed mining companies operating in Africa.
Active in 43 different African countries, Canadian mining firms have been responsible for dispossessing farmers, displacing communities, employing forced labour, devastating ecosystems and spurring human rights violations. And, as I detail in Canada in Africa: 300 Years of Aid and Exploitation, numerous Canadian mining companies have been accused of bribing officials and evading taxes. Last year TSX-listed MagIndustries was accused of paying$100,000 to tax officials in a bid to avoid paying taxes on its $1.5-billion potash mine and processing facility in Congo (Brazzaville). In April a Tanzanian tribunal ruled that Barrick Gold organized a “sophisticated scheme of tax evasion” in the East African country. As its Tanzanian operations delivered over US$400-million profit to shareholders between 2010 and 2013, the Toronto company failed to pay any corporate taxes, bilking the country out of $41.25 million.
While Canadian companies loot (legally and illegally) African resources, government-funded “charities” (aka NGOs) and the dominant media call on Canadians to walk for “hope” in Africa. Last weekend the Aga Khan Foundation Canada organized the World Partnership Walk in 10 cities across the country. In an article titled “How the World Partnership Walk” lets Canadians bring hope to African communities the organization’s International Development Champion, Attiya Hirj, writes about visiting Aga Khan Foundation and Global Affairs Canada sponsored projects in Tanzania and Mozambique. Hirj says her “trip really opened my eyes to what rural communities truly need, which is a sense of hope.” She suggests the situation can be remedied if enough Canadians come “together to fundraise and generate awareness through activities such as the World Partnership Walk.” There is no mention of the need for African resources to be controlled by and for Africans.
Hirj’s article reflects an extreme example of Canadian paternalism towards Africans. But it’s deeply rooted in our political culture. Gripped by a desire to rid “darkest Africa” of “nakedness” and “heathenism”, Canadian missionaries helped the European colonial powers penetrate African society. In 1893 a couple of Torontonians founded what later became the largest interdenominational Protestant mission on the continent and by the end of the colonial period as many as 2,500 Canadians were proselytizing across Africa.
Today, all the media-anointed Africa “experts” promote a similarly paternalistic version of ‘aid’ and largely ignore Canadian companies’ role in pillaging the continent’s wealth. But, Canadians concerned about African impoverishment should point their fingers at the Canadian firms controlling the continent’s resources and offer solidarity to those sisters and brothers fighting for African resources to be controlled by and for Africans.
State Department Emails Reveal How Unqualified Clinton Donor Was Named to Intelligence Board
By Peter Van Buren | We Meant Well | June 11, 2016
Emails recently released by the State Department give more information on how a securities trader and big-money Clinton donor was appointed by her office to the International Security Advisory Board (ISAB), a group that advises the Secretary of State on nuclear weapons and other security issues.
According to the State Department’s own website, members are “national security experts with scientific, military, diplomatic, and political backgrounds.” The current members show a lot of generals, ambassadors and academics.
So it seemed odd to ABC News that Clinton felt that Rajiv K. Fernando, pictured, qualified for the group, since his background is in high-frequency stock trading and Internet “ventures.” He has donated heavily both to the Clinton Foundation, Hillary Clinton’s two presidential campaigns, and the Obama campaigns.
The newly released emails show he was added to the panel by then Clinton chief of staff Cheryl Mills. ““Raj was not on the list sent to [the Secretary of State]; he was added at their insistence” reads one 2011 email from Wade Boese, Chief of Staff for the Office of the Under Secretary of State for Arms Control and International Security, to a press aide.
Fernando’s appointment even confused some staffers, the emails reveal. One press aide wrote internally, “it appears there is much more to this story that we’re unaware of,” and “it’s natural to ask how he got onto the board when compared to the rest of the esteemed list of members.”
That press aide wrote in a separate email: “We must protect the Secretary’s and Under Secretary’s name, as well as the integrity of the Board. I think it’s important to get down to the bottom of this before there’s any response.”
— Fernando declined to comment at the time, and promptly resigned from ISAB.
— The Clinton campaign declined to comment. Why did she decline to comment on a person she hand-selected to advise her? If it’s all just a witch hunt, say so, and explain why.
— The State Department put out a statement saying the ISAB is meant to reflect “a balance of backgrounds and points of view.” Including apparently unqualified points of view. That’s diversity, Clinton-style!
BONUS: Raj Fernando is a superdelegate for Clinton!
Rousseff ‘to call early elections if reinstated Brazil’s president’
Press TV – June 11, 2016
Dilma Rousseff, who has been suspended as Brazil’s president, has suggested that she will call early elections if she survives an impeachment trial and is reinstated president.
If Rousseff survives the Senate trial in August, she will be allowed to serve out her term until 2018 but early elections are seen as a way out of Brazil’s political crisis.
With Rousseff suspended, her supporters have questioned the legitimacy of an interim government led by Vice President Michel Temer.
According to a poll this week, just one in 10 Brazilians view Temer’s government positively and a majority want new elections this year.
“Given the level of contradiction among different political actors in this country, it is necessary to appeal to the population,” the 68-year-old Rousseff said in an interview with TV Brasil.
“I think it can be some sort of plebiscite. I won’t give a full menu here, but this is something under intense discussion,” she said.
“Only a popular consultation can wash away and rinse this mess that the administration of Temer is,” Rousseff added.
Temer’s camp has opposed the idea of early elections, which would require a constitutional amendment by Congress.
A wave of scandals stemming from a corruption investigation at state oil company Petrobras have undermined his month-old government and weakened the resolve to remove Rousseff.
Rousseff was suspended on May 12 when the Senate voted to put her on trial for allegedly breaking budget laws. To block her ouster she needs five more votes, or one-third of the Senate.
Some of the senators who voted for her impeachment trial have now second thoughts after recordings recently leaked to the media showed Temer’s allies sought to obstruct the probe into the massive graft scheme at Petrobras.
On Friday, thousands demonstrated against Temer in Rio de Janeiro and the impeachment process currently being carried out against Rousseff.
They marched with flags and banners, calling for Temer to step down as numerous police units stood by but there were no reports of violence or clashes.
The protest is one of many to hit main cities in Brazil, following what demonstrators have called a “coup” against Rousseff.
Former President Luiz Inacio Lula da Silva took part in one of the rallies, in the southeastern metropolis of Sao Paulo. He called on Temer to relinquish power.
“Temer, as a constitutional lawyer, you know that what you did was not right. Give the power back to the people and to Dilma and try to gain the presidency in the next election,” he said.
Saudis to Receive Combat Choppers After Removal From UN Child Killing List
Sputnik – 08.06.2016
Saudi Arabia is set to receive 24 Hellfire-armed AH-6i Little Bird helicopters from US aeronautics contractor Boeing, a sale that would have been banned had the UN not removed the Kingdom from their war crimes against children list.
On Wednesday, Boeing announced that they will begin delivering AH-6i Little Bird light attack and reconnaissance helicopters to Saudi Arabia by the end of the month, as the aircraft begin to come off the production line in Mesa, Arizona by the end of this week.
The contract faced uncertainty late last week when the United Nations included Saudi Arabia on a blacklist as part of their annual report on Children and Armed Conflict (CAAC), for their role in indiscriminate bombings of schools and hospitals in Yemen.
Pursuant to the Leahy Law, the US Department of State and Department of Defense are prohibited from providing military assistance to foreign military units that violate human rights, precisely what the United Nations initially certified in their original report. This prohibition extends to approval of foreign arms sales by private US contractors, which would stop the lucrative sale of US weapons to Riyadh.
However, the United Nations announced on Monday, after feverish lobbying by the Saudi envoy to the UN, in conjunction with US and UK officials, to temporarily remove Saudi Arabia from the blacklist, pending further investigation of the statistics provided in the report.
Many interpret the purported temporary move to delete Saudi Arabia from the list of child-killers as a permanent step, including the Saudi delegation, which loudly announced that the decision was “final.”
With human rights atrocities ignored for the sake of political and economic expediency, the path is now paved for the light attack helicopter to make its debut in the skies above Yemen. The Saudi-led mission to combat the Houthi political opposition faction and prop up Saudi-freindly leadership in Yemen has the full support of the US and the UK, despite consistent reports of war crimes conducted by Kingdom forces.
The combat helicopter is said to have a maximum speed of 175 mph, with a range of 267 miles. The aircraft is typically armed with Hellfire missiles, Hydra 70 rockets, air-to-air Stingers, automatic grenade launchers, and five high-caliber machine guns.
Leaked Audios Reveal Plot to Oust Dilma Rousseff
By Aline C. Piva | Council on Hemispheric Affairs | June 6, 2016
The already fragile legitimacy of Michel Temer’s interim government in Brazil took a huge blow last week. Leaked audios involving Temer’s closest allies revealed a plot to oust democratically elected Brazilian President Dilma Rousseff as part of a plan to put an end to Operation Carwash (Operação Lava Jato), the operation that is investigating the scheme involving bribery and kickbacks in Petrobras, the Brazil state-owned oil company. [1][2]
On May 23, the Brazilian newspaper Folha de S.Paulo published the transcripts of a conversation between Romero Jucá, Planning Minister in Temer’s interim government, and Sergio Machado, former Senator and President of Transpetro, another Brazilian state-owned oil company. This conversation – and other records leaked since then – were recorded in March, before the first vote of the impeachment process that took place in the Chamber of Deputies.[3]
After discussing their own involvement in the Carwash investigation –both are being investigated for corruption-, Jucá states his solution for the “problem”: “We have to change the government to be able to stop this bleeding.” Machado followed by agreeing: “The easiest solution would be to put in Michel [Temer].”[4]
A “National Pact” to topple Dilma Rousseff
In this conversation, Jucá talked about a “national pact” to impeach Dilma and stop the investigations of the corruption scheme. This included justices of the Supreme Court, the compliance of the military forces and the pacts amongst the opposition forces in Congress. These clandestine arragements were formed in complete disregard for the political will expressed by the majority of Brazilians at the ballot box. According to Jucá, important members of Partido da Social Democracia Brasileira (the Brazilian Social Democratic Party; PSDB), the center-right party that lost the last four presidential elections in Brazil, were aware that Dilma’s removal was an imperative to stop the “bleeding” brought on by Lava Jato.[1]
When asked what he meant by “bleeding”, Jucá said that he was referring to the economic effects of Operation Carwash. Interestingly, he never mentioned the economic situation in Brazil in this conversation. In fact, the dialogue begins with Machado speaking about the risk that plea bargaining deals would become more frequent, which could implicate even more politicians and their close allies. Machado then asked to set up “a structure” to prevent this from happening, should he be prosecuted. In the context of preventing the Lava Jato’s prosecutors from getting Machado’s confession, Jucá suggested that they needed to “stop the bleeding.”[2]
In the audio, Jucá goes even further in demonstrating the possibility of foul play as he describes the role of the military and various members of the Brazilian Supreme Court. Jucá stated that the military supported the coup: “I’m talking to the generals, the military commanders. They are fine with this, they said they will guarantee it”. Temer’s short-lived Planning Minister also affirmed that the military is “monitoring the Landless Workers Movement”, one of the largest Brazilian popular movements that has been at the forefront of protests against the impeachment process. Jucá also has claimed that he had access to a “small number” of the Supreme Court Justices, and that he discussed the extent of the investigations with them. According to Jucá, the justices told him that the corruption investigation – and the popular and media pressure for it to continue – would not stop as long as Rousseff remained in power.[3]
Another two audio leaks, published by Folha, from Renan Calheiros and José Sarney – both had been speaking with Machado, who recorded the conversations – reveal that the plans to stop the investigations of Operation Carwash were in the works for a long time now.
José Sarney, former Brazilian President who now holds a seat in the Brazilian Senate, confided to Machado that key figures of the opposition were reluctant about the idea of a transition government headed by Michel Temer. He also indicated that Michel Temer was negotiating “certain conditions” (not spelled out in the audio) with those opposition representatives, in order to constitute his government. Sarney also made it clear that there was “no way out” for Dilma, except being impeached, and expressed the need to stop the plea-bargaining deals within Operation Carwash. [4]
Renan Calheiros, the President of the Brazilian Senate and former close ally of Dilma Rousseff’s government, also expressed his concerns on the plea-bargaining deals in Operation Carwash. In his conversation with Sergio Machado, Calheiros said that he supported changes in the laws that regulate plea bargaining deals in order to prevent someone who had already been incarcerated from becoming an informer, which is one of the main procedures used by Operation Carwash’s prosecutors for obtaining information on the corruption scheme. This change would benefit many politicians involved in the scandal.[5]
Calheiros also suggests that, in order to deal with this matter, they would have to “negotiate” with members of the Brazilian Supreme Court about the “transition” of Dilma’s government. Effectively, there are now eight different proposals being discussed in the Brazilian Congress on how to change the way plea-bargain deals are made. [6]
Most recently, Sergio Machado leaked his conversations with Fabiano Silveira, former counselor of the Conselho Nacional de Justiça (National Justice Council; CNJ), which is responsible for supervising the Judiciary, and newly appointed Minister of Transparency, Superintendence and Control in Temer’s government. In this audio, Silveira criticizes Operation Carwash and guides Renan Calheiros on how he should prepare his defense for the charges of corruption. The Minister of Transparency has supposedly also sought members of the Lava Jato task force to request information on the investigation involving Calheiros.[7]
These statements alone are serious indications that what is taking place in Brazil is a coup with the purpose of stopping the corruption investigations in the country. Also, one is witnessing a blatant attempt to implement a political project that has been repeatedly defeated in democratic elections since 2002 (recent polls also show high rejection rates for Temer’s government), and there are many other indications that the ouster of Dilma was, in fact, a political plot.[8]
O Estado de São Paulo reported that, during the past 12 months, over 80 members of both houses of the Brazilian Congress held regular meetings to discuss Dilma Rousseff’s impeachment. Among them were former senators José Serra, now Minister of Foreign Relations, and Mendonça Filho, now head of the Ministry of Education. Nelson Jobim, former president of the Brazilian Supreme Court also attended many of these meetings “to help deepen the technical and jurisdictional comprehension of the impeachment.”[9]
The Corruption Narrative
This report and the content of the leaked conversations show that Dilma’s impeachment is the result of a carefully planned and executed plot to benefit a small political group threatened by Operation Carwash. Temer and his closest allies played an important role in this scheme. Moreover, the nomination of his cabinet also reflects how the impeachment process was likely motivated in order to stop the anti-corruption investigations: a third of Temer’s ministers are either under investigation or being charged for corruption or bribery; the leader of Temer’s government in the lower house of Congress is under investigation for homicide; and Temer himself was found guilty last May of mismanagement of his campaign budget, and deemed ineligible to run for office for eight years.[10]
Evasion of corruption charges is not the only motivation behind the impeachment show put on by the various pacts besides the obvious involvement of many of Temer’s ministers in corruption schemes and other crimes. The choosing of those politicians makes it clear that their target is to impose a political agenda that has been repeatedly rejected by the Brazilian people on the ballot box. The leaked audios with compromised conversations signal a political motivation different from the allegedly legal argument presented to the Brazilian Congress for the impeachment. Together with a speedy process of reversing social, economic and cultural policies of the Dilma administration, these are clear signs that what took place in Brazil was an illegal alteration of the constitutional order – and not the result of a democratic process.
The audios are hard proof that the political elite behind Dilma Rousseff’s impeachment perceived that removing her from office was the only way to keep themselves from being held accountable for their illegal deeds, and to maintain their profitable scheme of corruption. They demonstrate what impeachment opponents have been saying from the beginning: rather than to “clean” the Brazilian government of corruption, the oust of Dilma was the only way to guarantee that those under investigation would be shielded.[11]
[1] “Por Que Foi Um Golpe – Crítica Constitucional.” Crítica Constitucional. Accessed May 27, 2016. http://www.criticaconstitucional.com.br/por-que-foi-um-golpe/
[2] “Folha De S.Paulo.” Jucá Não Falou Sobre Economia Ao Citar ‘sangria’; Ouça. Accessed June 01, 2016. http://www1.folha.uol.com.br/poder/2016/05/1774182-juca-nao-falou-sobre-economia-ao-citar-sangria-ouca.shtml.
[3] “Folha De S.Paulo.” Em Diálogos Gravados, Jucá Fala Em Pacto Para Deter Avanço Da Lava Jato. Accessed May 27, 2016. http://www1.folha.uol.com.br/poder/2016/05/1774018-em-dialogos-gravados-juca-fala-em-pacto-para-deter-avanco-da-lava-jato.shtml
[4] “Folha De S.Paulo.” Leia a Transcrição Dos áudios De Sarney E Do Ex-presidente Da Transpetro. Accessed May 27, 2016. http://www1.folha.uol.com.br/poder/2016/05/1775011-leia-a-transcricao-dos-audios-de-sarney-e-do-ex-presidente-da-transpetro.shtml
[5] “Folha De S.Paulo.” Em Conversa Gravada, Renan Defende Mudar Lei Da Delação Premiada; Ouça. Accessed May 27, 2016. http://www1.folha.uol.com.br/poder/2016/05/1774719-em-conversa-gravada-renan-defende-mudar-lei-da-delacao-premiada.shtml
[6] “[Lupa] Tramitam No Congresso Oito Projetos De Lei Para Alterar Uso De Delação Premiada.” Lupa Tramitam No Congresso Oito Projetos De Lei Para Alterar Uso De Delação Premiada. 2016. Accessed May 27, 2016. http://piaui.folha.uol.com.br/lupa/2016/05/26/congresso-tramita-oito-projetos-de-lei-para-alterar-uso-da-delacao-premiada/
[7] “Em Gravação, Ministro De Temer Critica Lava Jato E Aconselha Renan”. Accessed May 31, 2016. http://m.folha.uol.com.br/poder/2016/05/1776200-ministro-da-transparencia-de-temer-criticava-lava-jato-mostra-gravacao.shtml?mobile
[8] “O Que as últimas Pesquisas Revelam Sobre Apoio Ao Impeachment E a Temer?” BBC Brasil. Accessed May 27, 2016. http://www.bbc.com/portuguese/brasil/2016/05/160511_temer_rejeicao_lab
[9] “G-8 Do Impeachment Teve Reuniões Durante Um Ano – Política – Estadão.” Estadão. Accessed May 27, 2016. http://politica.estadao.com.br/noticias/geral,g-8-do-impeachment-teve-reunioes-durante-um-ano,10000026435
[10] “Folha De S.Paulo.” Ministros Do Governo Temer São Alvo De Investigações Além Da Lava Jato. Accessed May 30, 2016. http://www1.folha.uol.com.br/poder/2016/05/1772725-ministros-do-governo-temer-sao-alvo-de-investigacoes-alem-da-lava-jato.shtml
“Temer é Ficha-suja E Está Inelegível, Diz Procuradoria Eleitoral.” Fausto Macedo Temer Ficha suja E Está Inelegível Diz Procuradoria Eleitoral. Accessed May 30, 2016. http://politica.estadao.com.br/blogs/fausto-macedo/temer-e-ficha-suja-diz-procuradoria-eleitoral/
“Folha De S.Paulo.” Líder Do Governo Temer é Alvo Da Lava Jato, Suspeito De Tentativa De Assassinato E Réu Em Três Ações No STF. Accessed May 30, 2016. http://www1.folha.uol.com.br/poder/2016/05/1772497-lider-do-governo-temer-e-alvo-da-lava-jato-suspeito-de-tentativa-de-assassinato-e-reu-em-tres-acoes-no-stf.shtml
[11] The Intercept. “New Political Earthquake in Brazil: Is It Now Time for Media Outlets to Call This a “Coup”? Accessed June 02, 2016. https://theintercept.com/2016/05/23/new-political-earthquake-in-brazil-is-it-now-time-for-media-outlets-to-call-this-a-coup/
Letting ‘Wall Street’ Walk
By Michael Brenner | Consortium News | June 3, 2016
Illicit financial behavior has been decriminalized in the United States – for all practical purposes. Despite the revelations of massive misconduct by banks and other financial services businesses, criminal investigations are rare, indictments exceptional and guilty judgments extraordinary.
Most potentially culpable actions are overlooked by authorities, slighted, reduced from criminal to civil status when pursued, individuals evade penalties much less punishment, and the appeals courts take extreme liberties in exonerating culprits when and if the odd conviction reaches them.
The last mentioned are establishing new frontiers in the formulation of ingeniously sophistic arguments to justify letting financial malefactors off the hook. As some wit suggests, all 32 or so judicial inventions should be assembled in a legal code called the Goldman Variations.
Our elected officials, our regulators, our politicos and the media have come to accept this as the natural order of things. Business Sections of newspapers, like The New York Times, read like the gazette for the world of organized crime in its heyday when the five Mafia families were on top of their game. (substitute Goldman Sachs, Chase Morgan, Bank of America, CITI, Wells Fargo). As for the Wall Street Journal and the legion of business magazines, they blend features of VARIETY and Osservatore Romano.
The reasons for this phenomenon are multiple: the rule of money in our politics; the neutering of regulatory bodies by the appointment of business friendly officers in symbiotic relationships with former or prospective employers; a wider culture in which the cult of wealth pervades all; and the timidity of a political class that defers to the power centers who enjoy rank, status and respect.
Obama’s appointment of Mary Jo White, from the white gloves law firm Debevoise & Plimpton which specialized in advising and representing Wall Street during the financial crisis (where she was head of litigation), to head the Security Exchange Commission is roughly analogous to appointing Dominick “Quiet Dom” Cirillo, consigliore of the Vito Genovese Mafia family, to run the FBI’s Organized Crime Task Force in Manhattan.
In White’s case, her earlier experience as United States Attorney for the Southern District of New York (the financial district) made her an exceptionally valuable acquisition when she switched sides in 2003 – 2013. Her record at the SEC since 2013 confirms her adherence to the Holder philosophy of leniency toward financial misdeeds – and confirms where her loyalties lie.
Appointments to senior positions dealing with financial matters have been primarily “parachutists.” Several of them are more egregious than the White case. So too was former Attorney-General Eric Holder. Within days of leaving the Justice Department, he was back at his former corporate law firm – albeit as a “counselor” for the one-year stipulated transition period.
During his years in private practice, Holder represented the Swiss private bank UBS. Because of this, he recused himself from participating in the Department of Justice investigation of UBS’s abetting of tax evasion by U.S. account-holders.
Such is the privileged status of our largest financial institutions that the Obama administration has amended, de facto, the Constitution to accommodate their claim to being above the law. Former Attorney General Holder is the author of the doctrine that posits the principle of “too-big-to-prosecute.”
Fearing Economic Damage
Holder’s publicly stated view is that he, the Justice Department and the Executive Branch generally have a right to exempt financial institutions from criminal prosecution when they believe that doing so would cause “unacceptable” damage to the national economy. It first took shape during Bill Clinton’s administration.
Holder presented the full-blown doctrine in a startling confession during testimony before the Senate Judiciary Committee on March 5, 2011. “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy,” Holder said, according to The Hill newspaper.
Holder’s comments didn’t come as a total surprise. His underlings had already made similar confessions to The New York Times the previous year, after they declined to prosecute HSBC for flagrant, years-long violations of money-laundering laws, out of fear that doing so would hurt the global economy.
Lanny Breuer, formerly in charge of doling out the Justice Department’s wrist slaps to banks, told Frontline as much in the documentary “The Untouchables” which aired in January 2011.
Of course, President Obama and Attorney-General Holder had taken oaths to uphold the laws of the land. That pledge does not allow them personal discretion as to whom it applies. Yet, they have acted as if the Justice Department and the Executive Branch generally have a right to exempt financial institutions from criminal prosecution when they believe that doing so would cause “unacceptable” damage to the national economy.
Let us be clear; Holder is not referring to the interpretation and application of any legal standard. He is referring to a purely subjective standard that has nothing to do with the law. In a similar vein, it is reported that the Obama administration has instructed the Department of Justice and the FBI to make mortgage fraud its lowest priority and, indeed, to dismiss hundreds of cases without any investigation whatsoever. (Report of the Inspector General, Department of Justice March 11, 2014).
The administration also improperly has diverted funds appropriated for this specific purpose to other areas. This arbitrary exclusion from investigation of the largest category of financial crime has been made in the face of a well-publicized and solemn undertaking by both President Obama and Attorney General Holder to take bold and expeditious action in this area.
“Equal protection of the laws” is a principle enshrined in the Constitution. There is no allowance for the President or the Attorney General, who serves at the President’s pleasure, to establish special classes of persons who are exempt from the laws’ stipulations – either to make them immune or to deny them due process. Yet, that is what they explicitly have done.
In a commencement address at NYU in 2014, Holder stated bluntly: “Responsibility remains so diffuse, and top executives so insulated, that any misconduct could again be considered more a symptom of the institution’s culture than a result of the willful actions of any single individual.”
The Holder-Obama doctrine concentrates heavily on the disruptive effects on the nation’s (and the world’s) financial system were any of the too-big-to-fail banks brought low by a combination of criminal convictions and financial penalties that were greater than the profits made from systematically skirting the law – as currently done.
Addressing the Problem
That is a highly debatable proposition on purely technical grounds. Whatever the appraisal one makes, there are two straightforward solutions to the problem as stated.
First, one should break them up so that were they to “fail,” the systemic consequences would be manageable. Second, risk is increased rather than lowered by following a legal cum political strategy that has the effect of encouraging the managers of mega-financial institutions to play fast-and-loose in their financial maneuverings.
To return to the analogy of the five Mafia families, a law enforcement strategy that favored civil action over criminal prosecution, that entailed fines rather than prison time, and that kept those fines at a level where they could be calculated as a cost of doing a very lucrative business would result in a flourishing of criminal organizations – at great cost to society.
Moreover, were there a practice of Mafia bosses and police commissioners/district attorneys parachuting from one sphere to another, the collateral damage inflicted on all law enforcement would be enormous.
The Holder claim for corporate immunity is unsustainable by any reasonable legal standard and reading of the Constitution. Such reasonableness, though, no longer prevails. Witness the widespread passive acceptance of this novel revolutionary doctrine when it was pronounced – and its only slight rhetorical qualification since.
The radical idea that nominally criminal acts should be understood contextually and that judgment as well as punishment should be administered accordingly opens up a wide assortment of questions about the conduct of our judicial system.
There is no reason why it could not be applied generally to the entire range of criminal conduct and proceedings. Following the Holder-Obama logic, this should be done at every stage of jurisprudence: indictment, trial, judgment and punishment. A recent case in New York City illustrates what the implications might be.
In that instance, a woman was arrested at Kennedy airport for possession of 500 grams of cocaine. She was detained, indicted and convicted of a felony. All that followed the well-trod legal path. It was the sentencing that broke the mold.
Judge Frederick Block placed the woman on probation rather than throwing her into the slammer. His main argument, developed in a closely reasoned 46-page opinion, concentrated on the “collateral consequences” of her conviction. Those consequences were deemed adequate punishment to meet the requirements of the law, society and the felon’s long-term integration into the community. The addition of prison time would have made the punishment disproportionate to the crime. It would have exceeded – not fit – the crime.
What the judge pointed out is that so many legal disabilities attach to anyone convicted of a felony as to deny the person a reasonable chance of pursuing a normal life upon release. Those disabilities include disqualification for all kinds of access to government assistance programs which cover education, housing and employment. The net result would be a high likelihood of recidivism. From society’s perspective, that translates into a higher likelihood of costs associated with welfare, medical care, and possible re-institutionalization. In addition, there are the tangible and intangible costs for possible maintenance of any children she might bear.
The woman in question lives with her mother in New Haven where she was enrolled in college and was working part time as a nail technician. For her, the collateral consequences could be expected to be particularly high. The underlying logic, though, applies generally.
Setting Examples
What about the “systemic consequences?” Isn’t punishment for the commission of a crime supposed to act as a deterrent for others? Yes – in principle. That consideration, however, did not figure in the Holder-Obama doctrine as applied to financial misdeeds whose perpetrators are in a more visible position to set an example.
Indeed, one could argue that the sense of entitlement and expectation of having a right to act with impunity free of worry about accountability is far more pronounced among Wall Street executives than it is among inner city poor. Thereby, the positive value of criminal conviction followed by individual punishment would be commensurately greater in terms of a benefit to society.
The case cited above involves a felonious criminal act whose commission was proven in a court of law. American prisons, today, confine hundreds of thousands whose crimes are of a lesser order. Indeed, a significant percentage may not have committed any crime at all but rather are victims of police campaigns to cleanse the streets of those who allegedly have committed relatively minor misdemeanors.
Draconian enforcement of “zero tolerance” philosophies has led to widespread abuse of the police power in cities like New York. The absurd “three strikes and you’re out” strategy initiated in California and promoted nationwide by President Bill Clinton, has had even more dire results in spiking the incarceration rates, for longer terms – jailing mainly marijuana and other drug users who are a threat only to themselves rather than to society.
Much has been made of the dogmatic claim that a crackdown on misbehavior is the reason for the drastic drop in urban violent crime. This is an urban legend. In New York City, former Mayor Rudi Giuliani and his Police Commissioner Bill Bratton, have been lionized for this supposed achievement. Yet, the story is pure fiction.
The unprecedented sharp decline occurred under David Dinkins, his black predecessor who was widely criticized for being “soft on crime” and stinting in his support for the police. The truth is that violent crime was closely correlated with the crack epidemic and its recession – reinforced by other trends that registered nationwide.
For these categories of criminals and alleged criminals whose misdeeds fall in the category of misdemeanors, Judge Block’s concept of “collateral consequences” is even more compelling. The concept, in fact, should be broadened to pertain to arrest and prosecution as well as sentencing. The consequences to be taken into account properly should aggregate their weight for both the individual and society. Then, there are the intangible costs of mass criminalization and imprisonment.
Unsettling Markets
Yet, while rulings like Judge Block’s may be rare regarding “street crimes,” they have become routine regarding Wall Street crimes, which are not prosecuted in the name of the Holder doctrine concerned about the unsettling effects on investor confidence and markets from casting a dark cloud over “Wall Street.”
Again, this is dubious on technical grounds; and the logical responses obvious. Let us shift ground and think of the unsettling effects produced by legally stigmatizing a considerable slice of inner-city populations. Disruption of families, instilling widespread feelings of persecution, aggravation of relations with the police, more estranged race relations, etc. It may be difficult to place numbers on these costs, but the negative consequences for society are great.
The full extent of the decade-long police “zero tolerance” campaign, and its demoralizing impact on largely minority neighborhoods, is one of the great unreported stories of our times. Corruption was its hallmark: in its misleading justifications, in its methods that systematized entrapment and fabrication of charges (Examples: creating a public nuisance by drinking a beer from a can on the steps of your house; impeding pedestrian movement by stopping to chat while walking your dog at midnight; loitering in the hallway of your own apartment building).
Other elements of the corruption included its degeneration into a crass quota system, its abuse of the criminal justice system that jailed hundreds of thousands of innocents who couldn’t meet bail or hire a lawyer, forcing them to admit to misdemeanors that leave a permanent stain on their records in order to be released, and its exploitation by cynical politicians.
The one first-hand account that tells the tale is Matt Taibbi’s deeply disturbing DIVIDE (Spiegel & Grau 2014). It deals with New York City, but the same phenomenon is visible across urban America.
Collateral consequences can be a valuable concept – one that has multiple meanings. But it should be applied where it serves justice not iniquity.
Michael Brenner is a professor of international affairs at the University of Pittsburgh. mbren@pitt.edu

