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Torture with Impunity

By Zachary Katznelson, ACLU National Security Project | August 31, 2012

Yesterday, a dark chapter in American history got that much more disgraceful. Attorney General Holder announced the closure of the last two open criminal inquiries into abusive interrogations by CIA officials. The pronouncement means that not a single CIA official will be prosecuted in federal courts for any of the abuse, torture or even death that took place at the hands of CIA officers and contractors.

Since 9/11, dozens of terrorism suspects have been held incommunicado by the CIA in secret prisons around the world and subjected to repeated brutality in the name of extracting information. The White House and its lead legal advice team, the Justice Department’s Office of Legal Counsel (OLC), approved the use of these previously illegal tactics based on profoundly flawed legal reasoning and a complete lack of interrogation or law enforcement experience.

CIA interrogators were told that they could waterboard suspects, even though the Reagan administration and its predecessors prosecuted Americans and others for using the tactic. Interrogators were told they could use, among other tactics, extended sleep deprivation; “stress positions” such as forced-standing, handcuffing in painful crouched positions and shackling people to the ceiling, usually for hours or even days; confining prisoners to small, coffin-like boxes with air and light cut off; extended forced nudity; sensory bombardment; extreme temperatures; hooding; and physical beatings, including slamming prisoners into walls. Each and every one of these techniques had been declared torture at some point by US courts, Israeli courts, European Courts, the UN Committee on Torture or other foreign courts. But the OLC’s approval of the techniques meant the Obama Justice Department refused to investigate their use. Instead, in 2009, Attorney General Holder ordered a preliminary review of 101 cases where the CIA allegedly went even beyond the approved torture techniques. In June 2011, the Justice Department closed 99 of those cases and opened full investigations into the remaining 2, both of which involved prisoners who died while in US custody. Now, those last two investigations have also ended.

It is simply unacceptable that torture can be treated with impunity, no matter the goal of the torturers. Doing so gravely undermines the prohibition against torture worldwide and sends the dangerous message to US and foreign officials that there will be no consequences for future abuses.

So, the ACLU is taking the long view of this struggle. Despite the Justice Department’s refusal to enforce the law, we will continue to press for true accountability – both in the United States and overseas – for the designers, facilitators, overseers and perpetrators of torture and abuse. We will continue to work for the day when officials hear a resoundingly different message than the one delivered by Attorney General Holder: torture and abuse are never legitimate, but if you do make the egregious error of crossing that line, fear the law, for you will be held be to account.

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September 1, 2012 Posted by | Civil Liberties, Progressive Hypocrite, Subjugation - Torture | , , , , , , | 2 Comments

Exposing Countrywide

Eileen Foster and the Failure of Corporate Criminal Justice

By RUSSELL MOKHIBER | CounterPunch | May 23, 2012

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.

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May 23, 2012 Posted by | Civil Liberties, Corruption, Deception, Progressive Hypocrite | , , , , | 1 Comment

US: The Shameful Index of Prison Rape

Action on PREA Can End the Violence

By Amy Fettig & Jennifer Wedekind, ACLU National Prison Project | May 17, 2012

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

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May 18, 2012 Posted by | Civil Liberties, Subjugation - Torture | , , , , , , | 2 Comments

US Department of Justice sought cover-up on FBI scandal: Review

Press TV – April 23, 2012

A US Department of Justice (DoJ) task force charged with studying the performance of the Federal Bureau of Investigation (FBI) laboratories in the 1990s is suspected of having sought to cover up scandalous FBI behavior.

The DoJ set up a task force in the 1990s to investigate reports of data manipulation by the FBI crime laboratories.

The findings of the investigation revealed that the laboratories of the FBI manipulated DNA test results under pressure from superior authorities and presented flawed results for years in order to tilt the case in favor of the claimants and against the defendants.

The issue was first revealed in 1995 when Fredric Whitehurst, a chemist and lawyer who worked at the FBI’s crime lab, testified that he was told by his superiors to perjure in order to facilitate the prosecution of two men accused of involvement in the World Trade Center bombing in February 26, 1993.

“There was a great deal of pressure put upon me to bias my interpretation,” the FBI whistleblower said at the US District Court in New York in 1995.

Whitehurst had written or passed along scores of memos over the years warning about the lack of impartiality and scientific standards in FBI’s forensic research on the World Trade Center attack and in other cases.

After the Justice Department’s inspector general began a review of Whitehurst’s claims, Attorney General Janet Reno and FBI Director Louis J. Freeh decided to launch a task force to dig through thousands of cases involving discredited agents, to ensure that “no defendant’s right to a fair trial was jeopardized.”

It took the task force nine years to complete the mission. However, it never publicly released the results of its case reviews of suspicious lab work, the names of the defendants who were convicted as a result and the nature or scope of the forensic problems it found.

Tens of thousands are probably in jails on account of the flawed and criminal lab work conducted by the FBI, Whitehurst noted.

A recent review by the US daily Washington Post on more than 10,000 pages of the task force documents revealed that “the panel operated in secret and with close oversight by FBI and Justice Department brass – including Reno and Freeh’s top deputy – who took steps to control the information uncovered by the group.”

Innocent prisoners who were probably jailed mistakenly never got the chance to have their cases reviewed, because neither their advocates nor their relatives were informed of the flawed nature of the FBI laboratory results.

The Justice Department continues to decline to release the names of the affected defendants.

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April 23, 2012 Posted by | Civil Liberties, Deception, False Flag Terrorism, Timeless or most popular | , , , , , , | 1 Comment

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