Federal judiciary unmoved by CIA blatant misconduct

Glenn Greenwald has documented more CIA abuse, this time with a nod of approval by the federal courts:

In November, 2010, the Obama DOJ — consistent with its steadfast shielding of Bush-era criminals from all forms of accountability — announced that the investigation would be closed without any charges being filed. Needless to say — given how subservient federal judges are to the Executive Branch in the post-9/11 era — the federal judge who had ordered the CIA to preserve and produce any such videotapes, Alvin Hellerstein, refused even to hold the CIA in contempt for deliberately disregarding his own order. Instead, Hellerstein — who, like so many federal judges, spent his whole career before joining the bench as a partner for decades in a large corporate law firm serving institutional power — reasoned that punishment for the CIA was unnecessary because, as he put it, new rules issued by the CIA “should lead to greater accountability within the agency and prevent another episode like the videotapes’ destruction.” In other words, as I put it in a Guardian Op-Ed about Hellerstein’s CIA-protecting decision: the CIA has promised not to do this again, so they shouldn’t be punished for the crimes they committed.
The story gets much worse, as Greenwald describes how Jose Rodriguez, is now gloating about how he destroyed the these torture videos. He is doing this with the view, apparently correct, that no law enforcement authority and no court is going to do anything about any of his misconduct.

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The mortgage crisis in a nutshell

I invite you to view a brand new 54-minute video (embedded below) titled “Mortgage Crisis in a Nutshell.” The presenter is John Campbell, a St. Louis attorney and educator. I work with John at the Simon Law Firm in St. Louis, Missouri. We gained much of our experience in this area of law by litigating numerous suits for mortgage fraud on behalf of homeowners, both individual suits and class actions. Also on behalf of homeowners, we've defended many unlawful detainer suits (attempts to evict homeowners). We've both become passionate about this work as a result of witnessing firsthand that many homeowners have been victimized by unscrupulous and unrepentant banks. In this 53-minute video John presents the main aspects of the mortgage crisis that has devastated the U.S. housing market and the economy. Our goal is empower all who seek to better understand what went wrong with the American mortgage system. As you will see when you click on the above link, this video can be watched in chapters: I. The Big Picture and its Many Parts (:55) II. Banks Flood the Market with Subprime Mortgages (3:54) III. Banks, Securitize their Mortgages (10:05) IV. Banks Cry for a Bailout (13:57) V. Wall Street Malfeasance (16:54) VI. Foreclosures, Robo-Signing, Trustees and Conflicts of Interest (18:20) VII. MERS ("Mortgage Electronic Registration System) (33:45) VIII. The Mortgage System Used to Work (43:42) IX. Credits and Further Readings (52:43) We created this video because we were frustrated by the fact that it is difficult to find websites and other materials describing the modern mortgage system in terms that are accessible to both lawyers and non-lawyers. As a result, many of our friends and acquaintances (those outside of the mortgage law community) don’t understand the inter-relationships among subprime loans, ratings of mortgage-backed securities, MERS, the bailout and robo-signing. The failure to understand these things is making it easy for the entities that caused this crisis to conduct business as usual. Because this system is so difficult to understand, too many people think the crisis was entirely caused by “irresponsible borrowers.” The result is that our national dialogue is obsessed with the alleged need for less regulation instead of discussing how to change the system to make sure this never again happens. We’ve used simple terms and basic drawings in order to make an opaque system understandable. Though it is undoubtedly slanted toward our perspective as attorneys who represent homeowners, we’ve worked hard to keep it factual and fair-minded. We ask only one thing in return for the link to this video. To the extent that you find it helpful to your understanding of the mortgage crisis, please consider forwarding this link to anyone else you know who would benefit from viewing it. Our aim is to spread this video widely through email, list serves, Facebook, Twitter, blogs, websites other social media. We certainly invite comments, both at DI and at YouTube. If this video works for you (or if it doesn't), please let us know. Thank you.

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The doors to the courthouse are locked shut for victims of the U.S.

Glenn Greenwald reports an amazing and Kafkaesque statistic:

. . . it shows just how corruptly deferential American federal courts are to the Executive Branch when it comes to Muslims. One of the most amazing statistics of the last decade: not a single War on Terror victim — not one, whether foreign or American — has been permitted to proceed in an American court in an effort to obtain compensation for illegal treatment by the U.S. Government; instead, American courts have unanimously dismissed those cases at the outset, without reaching their substance. Even when everyone knows and admits that the U.S. Government abducted a totally innocent person and shipped him off to Syria to be tortured, as is true for Arar, American federal judges shut the courthouse door in his face, accepting the claims of the Bush and Obama DOJs that to allow the victim to obtain justice for what was done to him would be to risk the disclosure of vital “state secrets.” They accepted this Kafkaesque secrecy claim even after the Government of Canada published to the world a comprehensive report detailing what happened to Arar.

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Illegal downloading: more like trespass than stealing

This ABC news report reframes what it means to illegally download intellectual property.

[Professor Stuart Green from Rutgers University Law School] says illegal downloading is more similar to the crime of trespass than it is to theft. "To say that there was a trespass is traditionally understood to mean that there was a temporary use of someone's property without permission," he said. "If someone trespasses on your property it means that they've come uninvited but they haven't deprived you of use. They haven't deprived you of the basic possession of the property. "But to say that someone's stolen something is to say something much more serious. It's probably the single most substantial form of property crime that we have. "And that's exactly what the music and movie industries in the United States would like to happen. They want people to think that illegal downloading is just as bad and should be punished just as severely."

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Shame on America for prosecuting Former CIA officer John Kiriakou

Shame on America for prosecuting Former CIA officer John Kiriakou. But America's actions are understandable because Kiriakou embarrasses America by saying true things like this:

  • On Iraq: “The answer to why we’re still in Iraq to this day has almost everything to do with the failures of leadership in 2003 and 2004 and, in some cases, the ascendance of rank deception—deliberate distortions of the facts on the ground.”
  • On FBI waste: After raiding a Taliban “embassy” in Pakistan in early 2002, Kiriakou’s colleague “found something interesting and provocative. A file of telephone bills from the Taliban embassy revealed dozens of calls to the United States . . . For ten days leading up to September 11, 2001, the Taliban made 168 calls to America. Then the calls stopped. The file, amazingly, was in English . . . The calls ended on September 10, 2001, and started up again six days later, on September 16.” Years after sending the phone records to the FBI, Kiriakou followed-up and his FBI contact “replied that it was like a scene out of that Indiana Jones movie. The files were still in those [original] boxes, in an FBI storage facility in Maryland . . . What a waste.”
  • On CIA’s deception about waterboarding: “Now we know that Abu Zubaydah was waterboarded eighty-three times in a single month, raising questions about how much useful information he actually supplied. . . it was a valuable lesson in how the CIA uses the arts of deception even among its own.” (Previously, the CIA told Kiriakou that Zubaydah was waterboarded only once and cracked, which fiction Kiriakou repeated in a television interview because his own agency lied to him.)
  • On Torture: “But even if torture works, it cannot be tolerated – not in one case or a thousand or a million. If their efficacy becomes the measure of abhorrent acts, all sorts of unspeakable crimes somehow become acceptable. . . . There are things we should not do, even in the name of national security.”
Jesselyn Radack has the story.

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