Government Accountability Project

Protecting Corporate, Government & International Whistleblowers since 1977

DoJ

For Bankers, the Fix is in at the Justice Department

Eyal Press wrote an interesting piece this week, comparing the excessive attention that Justice Department prosecutors have directed at whistleblowers in the national security world in recent years to the absolute disinterest with which these same attorneys treat Wall Street whistleblowers.

He’s right. In fact, it’s striking. But finally, the real story behind the lack of criminal prosecutions produced by the financial crisis of 2008 and the ensuing Great Recession is starting to seep out. It’s a sorry tale of edited testimony, arm twisting and rule changing.

After the financial meltdown in September 2008, the Obama administration “rescued” both commercial and investment banks, as well as insurance monolith AIG. Tim Geithner, Henry Paulson, Jamie Dimon and the other Masters-of-the Universe staged a revival of the US economy in a stunning, all-star production that fall season. It was a spectacular performance. There was the mystery of the closed-door deals, the suspenseful, whipsaw swings of the Dow, the zany antics of the Republican presidential candidate, and the breathtaking confrontation with Congress. When it was over, we were all exhausted, and the Justice Department rang down the curtain.

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Assassinating U.S. Citizens: Holder says "Yes We Can"

Yesterday, Attorney General Eric Holder said:

The American people can be — and deserve to be — assured that actions taken in their defense are consistent with their values and their laws.

I agree, Mr. Holder, but if you really cared about informing the American public more than silencing critics of the administration's Executive power grab, you would release the Office of Legal Counsel (OLC) memos "legalizing" assassinating American citizen Anwar Al-Awlaki without a shred of due process and engaging in secret drone warfare in the airspace of sovereign nations. Even the conservative Washington Post editorial board (whose opinion on drone strikes differs from mine) agrees on release of the memos:

If the administration is intent on reassuring the American public, it should release the Justice Department memorandum that lays out the domestic and international strictures which, it says, undergird its drone policy.

The offensiveness of the Justice Department's hypocritical secrecy is trumped only by Holder's Constitution-shredding rationalizations.  

The factual scenarios Holder says would be enough to assassinate Americans amount to punishing individuals for thoughts. First Amendment need not apply.

[Holder] said the president is not required by the Constitution to delay action until some “theoretical end stage of planning — when the precise time, place and manner of an attack become clear.”

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Holder to Speechify on “Existent or Non-Existent” Assassination Memo

The Washington Post reports:

Attorney General Eric H. Holder Jr. on Monday plans to provide the most detailed account to date of the Obama administration’s legal rationale for killing U.S. citizens abroad, as it did in last year’s airstrike against an alleged al-Qaeda operative in Yemen, officials said. . . . his speech Monday will mark a new and higher-profile phase of the administration’s campaign to justify lethal action in those rare instances in which U.S. citizens, such as New Mexico-born Anwar al-Awlaki, join terrorist causes devoted to harming their homeland.

But when GAP (and other civil liberties groups) request the legal memo justifying the killing of al-Awlaki from the Office of Legal Counsel (OLC), OLC maintains that the "existence or non-existence" of the memo is classified.

To review the Justice Department's completely ridiculous and indefensible position on the assassination memo:

  • Days after the Obama administration engages in the targeted killing of an American citizen without due process, anonymous "administration officials" leak the existence of the legal memo rationalizing the assassination to the Washington Post.  
  • When the "don't worry, we've got a legal memo" excuse fails to satisfy civil libertarians questioning the expansion of Executive power to killing American citizens without affording a bunch of fundamental Constitutional rights (due process, jury trials, right to confront accusers, etc.), details of the memo appeared on the New York Times front page, including when the memo was written, who authored the memo, the memo's legal reasoning, and even the memo's number of pages in the memo.
  • Now, the Attorney General is going to give a public speech at Northwestern University Law School important enough to warrant more anonymous leaks to WaPo further detailing the "logic" of assassinating Americans.
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Manning Charged with Espionage, Leaker of SEALED Indictment on Assange Gets Nada

Thanks to Jane Hamsher of Firedoglake, we have another example of hypocrisy and disparate treatment associated with the Obama administration's unprecedented war on whistleblowers. Hamsher analyzes an e-mail exchange that suggests that former Federal Bureau of Investigation (FBI) official James Casey leaked to Stratfor chief Fred Burton that the Justice Department had a sealed indictment against Wikileaks founder Julian Assange:

Burton clearly felt jimcasey58@aol.com was his own little Wikileaks window into the DoJ.  So on 1-26-2011 when Burton sent an email to secure@stratfor.com saying he had intelligence that the DoJ had a “sealed indictment” on Assange, you have to wonder where it came from.

Even if Casey didn't leak the indictment, someone did. Hamsher is right on explaining the disparate treatment:

Moral of the story:  Bradley Manning gets charged with “aiding the enemy” for potentially leaking information that was available on the SIPRNET to hundreds of thousands of people. This guy gets a gold watch and no investigation for potentially leaking the existence of a sealed DoJ indictment of Julian Assange that I imagine almost nobody knew about.

Hamsher's article comes on the heels of hard-hitting questions from ABC White House correspondent Jake Tapper on the Obama administration's policy of using the Espionage Act to prosecute so-called "leakers," who are usually whistleblowers.

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Note to White House's Jay Carney: Get Your Facts Straight

White House Press Secretary had an almost unbelievably lame non-response when ABC's Jake Tapper asked how the Obama Administration squared lauding freedom of the press and internet freedom abroad while engaging in a record-setting campaign to silence "leakers" a.k.a. sources a.k.a. whistleblowers.

Carney refused to answer the questions, referred Tapper to the Justice Department, and said "I'm not making the assumption" that the Espionage Act prosecutions suppress whistleblowers. The Justice Department is using the prosecutions for exactly that purpose. In the now-failed case against National Security Agency (NSA) whistleblower Thomas Drake, Justice Department prosecutor William Welch II requested a harsh sentence for Drake specifically to "send a message" to other Intelligence Community employees.

But speaking at the Conference on Internet Freedom at the Hague, Secretary of State Hillary Clinton said:

[T]he right to express one’s views, practice one’s faith, peacefully assemble with others to pursue political or social change – these are all rights to which all human beings are entitled, whether they choose to exercise them in a city square or an internet chat room.

Meanwhile, back in the U.S. the Justice Department is doggedly pursuing Espionage Act prosecutions against whistleblowers, thereby labeling them spies and traitors. Not to mention the State Department's retaliation against author Peter Van Buren.

No wonder Carney had a difficult time explaining the glaring hypocrisy. For those who want the visual:

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