Category Archives: Department of Justice
FBI teaches agents: ‘mainstream’ Muslims are ‘violent, radical’
Danger Room reports:
The FBI is teaching its counterterrorism agents that “main stream” [sic] American Muslims are likely to be terrorist sympathizers; that the Prophet Mohammed was a “cult leader”; and that the Islamic practice of giving charity is no more than a “funding mechanism for combat.”
At the Bureau’s training ground in Quantico, Virginia, agents are shown a chart contending that the more “devout” a Muslim, the more likely he is to be “violent.” Those destructive tendencies cannot be reversed, an FBI instructional presentation adds: “Any war against non-believers is justified” under Muslim law; a “moderating process cannot happen if the Koran continues to be regarded as the unalterable word of Allah.”
These are excerpts from dozens of pages of recent FBI training material on Islam that Danger Room has acquired. In them, the Constitutionally protected religious faith of millions of Americans is portrayed as an indicator of terrorist activity.
“There may not be a ‘radical’ threat as much as it is simply a normal assertion of the orthodox ideology,” one FBI presentation notes. “The strategic themes animating these Islamic values are not fringe; they are main stream.”
The FBI isn’t just treading on thin legal ice by portraying ordinary, observant Americans as terrorists-in-waiting, former counterterrorism agents say. It’s also playing into al-Qaida’s hands.
Focusing on the religious behavior of American citizens instead of proven indicators of criminal activity like stockpiling guns or using shady financing makes it more likely that the FBI will miss the real warning signs of terrorism. And depicting Islam as inseparable from political violence is exactly the narrative al-Qaida spins — as is the related idea that America and Islam are necessarily in conflict. That’s why FBI whistleblowers provided Danger Room with these materials.
Over the past few years, American Muslim civil rights groups have raised alarm about increased FBI and police presence in Islamic community centers and mosques, fearing that their lawful behavior is being targeted under the broad brush of counterterrorism. The documents may help explain the heavy scrutiny.
They certainly aren’t the first time the FBI has portrayed Muslims in a negative light during Bureau training sessions. As Danger Room reported in July, the FBI’s Training Division has included anti-Islam books, and materials that claim Islam “transforms [a] country’s culture into 7th-century Arabian ways.”
How not to become a whistle-blower
The New York Times reports:
When Shamai K. Leibowitz, an F.B.I. translator, was sentenced to 20 months in prison last year for leaking classified information to a blogger, prosecutors revealed little about the case. They identified the blogger in court papers only as “Recipient A.” After Mr. Leibowitz pleaded guilty, even the judge said he did not know exactly what Mr. Leibowitz had disclosed.
“All I know is that it’s a serious case,” Judge Alexander Williams Jr., of United States District Court in Maryland, said at the sentencing in May 2010. “I don’t know what was divulged other than some documents, and how it compromised things, I have no idea.”
Now the reason for the extraordinary secrecy surrounding the Obama administration’s first prosecution for leaking information to the news media seems clear: Mr. Leibowitz, a contract Hebrew translator, passed on secret transcripts of conversations caught on F.B.I. wiretaps of the Israeli Embassy in Washington. Those overheard by the eavesdroppers included American supporters of Israel and at least one member of Congress, according to the blogger, Richard Silverstein.
In his first interview about the case, Mr. Silverstein offered a rare glimpse of American spying on a close ally.
He said he had burned the secret documents in his Seattle backyard after Mr. Leibowitz came under investigation in mid-2009, but he recalled that there were about 200 pages of verbatim records of telephone calls and what seemed to be embassy conversations. He said that in one transcript, Israeli officials discussed their worry that their exchanges might be monitored.
Those same officials are probably now chuckling as they read this story.
A story that could have shed much needed on light on the extent of the Israeli government’s influence in Congress is instead now a story about the FBI tied up with a blogging melodrama. Moreover, the ability for the FBI to continue conducting this kind of surveillance may well have been impaired.
Predictably, there are commentators who see this as an opportunity to attack the FBI and defend Israel.
Jacob Heilbrunn writes:
Should the FBI, then, be spying on embassy conversations? Much of it is probably a waste of time and resources, which includes having to punish Leibowitz for transgressing the law. Israeli prime minister Benjamin Netanyahu himself has made no secret of his desire to take out Iran’s facilities. What Israeli leader wouldn’t want to do so—if the costs didn’t exceed the benefits? It doesn’t require monitoring the phones of the Israeli embassy to figure that out.
Oh. And we can take it as a given that such a cost-benefit analysis conducted by Israel would reach a conclusion that also served US interests?
The reason the US government sees the need to closely monitor the clandestine activities of Israel inside the United States is precisely because the interests of the two governments do not perfectly overlap.
As for Shamai K. Leibowitz — who Heilbrunn refers to as a “self-appointed whistle-blower” (is there any other kind?) — I have my doubts whether he really was a whistle-blower of any kind.
Anyone who has sensitive information that they believe as a matter of conscience needs to get into the public domain should choose their outlet carefully. A leak that goes up in smoke creates more mystery than revelation.
Did Leibowitz like the idea of becoming a whistle-blower but then had second thoughts when he realized he could end up in jail? Or was he one blogger sharing some hot information with another blogger without thinking carefully about where this might lead?
Anonymous claims it hacked NATO Web site, tells FBI ‘we’re back’
The Washington Post reports:
The group calling itself Anonymous claimed credit Thursday for hacking into NATO servers and stealing 1 gigabyte of sensitive information as part of its campaign to harass and humiliate prominent targets.
The group has attempted to post online some documents collected in the incident and vows to post more soon, but it also said it has decided to withhold some others because posting them would be “irresponsible.” NATO did not confirm the group’s account.
“NATO is aware that a hackers group has released what it claims to be NATO classified documents on the Internet,” Damien Arnaud, a spokesman for the trans-Atlantic military alliance, said in an e-mail. “NATO security experts are investigating these claims. We strongly condemn any leak of classified documents, which can potentially endanger the security of NATO allies, armed forces and citizens.”
Groups calling themselves “hacktivists” — which target Web sites and servers in pursuit of political agendas — have joined the list of cyber threats identified by government and corporate security officials.
“It is one of the up-and-coming biggest concerns for the FBI,” said Robert E. Nickel, unit chief in the FBI’s Public Private Alliance Unit, speaking at a cyber conference last week.
16 arrested as FBI hits the hacking group Anonymous
The New York Times reports:
In the most visible law enforcement response to a recent spate of online attacks, the Federal Bureau of Investigation on Tuesday announced the arrests of 16 people across the country in connection with strikes carried out by a loose, secretive federation of hackers called Anonymous.
In an indictment unsealed Tuesday afternoon in United States District Court in San Jose, Calif., 14 people were charged in connection with an attack on the Web site of the payment service PayPal last December, after the company suspended accounts set up for donating funds to WikiLeaks. The suspects, in 10 separate states, are accused of conspiring to “intentionally damage protected computers.”
Anonymous had publicly called on its supporters to attack the sites of companies it said were turning against WikiLeaks, using tools that bombard sites with traffic and knock them offline.
A Florida man was also arrested and accused of breaching the Web site of Tampa InfraGard, an organization affiliated with the F.B.I., and then boasting of his actions on Twitter. And in New Jersey, a former contractor with AT&T was arrested on charges that he lifted files from that company’s computer systems; the information was later distributed by LulzSec, a hacker collective that stemmed from Anonymous.
US-Pakistan relations worsen with arrest of two alleged spies
The Guardian reports:
Relations between Washington and Islamabad deteriorated further when the US justice department charged two men alleged to have been in the pay of the Pakistan intelligence service.
One was involved with the Kashmiri American Council, through which it is alleged that Pakistan channelled millions of dollars to influence members of the US Congress. The US said there are also Kashmiri centres in London and Brussels that the FBI alleged are run by elements of the Pakistani government. FBI special agent Sarah Webb Linden, in an affidavit unsealed on Tuesday, named the one in London as the Justice Foundation/Kashmir Centre run by Nazir Ahmad Shawl.
The FBI arrested the executive director of the Kashmiri American Council, Ghulam-Nabi Fai, aged 62, at his home in Fairfax, Virginia, later. The other, Zaheer Ahmad, 63, is believed to be in Pakistan. Both are US citizens and face a prison sentence of five years if convicted.
‘Little Gitmo’
Christopher S. Stewart writes:
On August 4, 2004, Yassin Aref was walking along West Street in a run-down part of downtown Albany. It was about 11 p.m., and he had just finished delivering evening prayer at the storefront mosque around the corner, where he had been the imam for nearly four years. Caught up in his thoughts, he might not have noticed the car parked across from his two-story building if a man hadn’t called out his name.
Aref instantly recognized the FBI agents inside the darkened vehicle. They had been monitoring him for years now, maybe longer. Sometimes they stopped and asked questions about his views on Saddam Hussein or the mosque. As part of Bush’s war on terror, the FBI had been talking to other Muslims in Albany, too. When Aref climbed into the back seat, he figured that the agents simply wanted to talk some more. Instead, they told him he was under arrest.
It took a long time for this to settle in. Aref was silent as they drove to FBI headquarters, a fortlike concrete-and-glass building on the south side of town. The agency has spoken only vaguely about what happened when they questioned him, and there are no recordings, though Aref would later describe the time as the “hardest, darkest, and longest night of my life”—scarier, he said recently, than the hardships he and his wife suffered as Kurds in Saddam Hussein’s Iraq.
His hands and feet were chained. One of the agents spoke some Kurdish. Aref heard questions about terrorism, money laundering, a missile launcher. He refused a lawyer, believing that he had nothing to hide. “It is against my religion to lie,” he told them. The interrogation lasted much of the night. He says he never heard specific charges. At some point they told him his house and mosque were being raided, and all he could think about was his wife and three children, who had arrived in Albany with him as U.N. refugees in 1999.
When morning broke, he was loaded into another car, bleary-eyed and weakened, and taken to the federal courthouse. As the vehicle moved through the streets, Aref was astonished by the sudden commotion. Helicopters swarmed overhead. There were scores of local and national news reporters, cameras angling to get his picture. He saw snipers.
During his three-week trial in 2006, he learned that he was the target of a controversial FBI sting, which involved a Pakistani informant with a history of crime. In the end, he was convicted of, among other things, conspiracy to provide material support to a terrorist organization and sentenced to fifteen years in prison. He spent weeks in solitary confinement, days shackled in different vehicles, which shuffled him from prison to prison. Time coalesced, became unrecognizable, until, in the spring of 2007, Aref landed at a newly created prison unit in Terre Haute, Indiana, that would change his life again. It already had a nickname: Little Gitmo.
Avoiding impunity: the need to broaden torture prosecutions
Marjorie Cohn writes:
President Barack Obama declared “nobody’s above the law” in 2009, as Congress contemplated an investigation of torture authorized by the Bush administration. However, Obama has failed to honor those words. His Justice Department proclaimed its intention to grant a free pass to Bush officials and their lawyers who constructed a regime of torture and abuse. US Attorney General Eric Holder announced last week that his office will investigate only two instances of detainee mistreatment. He said the department “has determined that an expanded criminal investigation of the remaining matters is not warranted.” Holder has granted impunity to those who authorized, provided legal cover, and carried out the “remaining matters.”
Both of the incidents that Holder has agreed to investigate involved egregious treatment and both resulted in death. In one case, Gul Rahman froze to death in 2002 after being stripped and shackled to a cold cement floor in a secret American prison in Afghanistan known as the Salt Pit. The other man, Manadel al-Jamadi, died in 2003 at Abu Ghraib prison in Iraq. He was suspended from the ceiling by his wrists, which were bound behind his back. Tony Diaz, a military police officer who witnessed al-Jamadi’s torture, reported that blood gushed from his mouth like “a faucet had turned on” when al-Jamadi was lowered to the ground. These two deaths should be investigated and those responsible punished in accordance with the law.
The investigation must also have a much broader scope. More than 100 detainees have died in US custody, many from torture. Untold numbers were subjected to torture and cruel treatment in violation of US and international law. General Barry McCaffrey said, “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the C.I.A.”
Criminalising Palestinian solidarity
Maureen Murphy writes:
The United States government has criminalised the Palestinian people, and now it is increasingly treating US citizens who stand in solidarity with Palestine as criminals as well – including those courageously putting their lives on the line to break the siege on Gaza.
I am a Palestine solidarity activist in the US, and one of 23 US citizens who have been issued with a subpoena to appear before a federal grand jury as part of what the government has said is an investigation into violations of the laws banning material support to foreign “terrorist organisations”.
None of us have given money or weapons to any group on the State Department’s foreign terrorist organisation list. But what many of us have done is participate in or help organise educational trips to meet with Palestinians and Colombians resisting the US-funded military regimes they live under.
The goal of these trips is to learn about the human rights violations happening in these places and to bring those stories back home to the US, to educate people and to organise to change US foreign policy for the better.
Travel for such purposes should be protected by the First Amendment of the US Constitution. But a year ago the US Supreme Court decided in Holder vs. Humanitarian Law Project to dramatically expand the government’s definition of what constitutes material support for a foreign terrorist organisation.
Now the government considers travel to places like the West Bank and Colombia to be a predicate or justification for opening up an investigation and issuing search warrants to raid activists’ homes and seize their belongings. Political speech if made in a “coordinated way” can be construed as material support.
Torture crimes officially, permanently shielded
Glenn Greenwald writes:
In August, 2009, Attorney General Eric Holder — under continuous, aggressive prodding by the Obama White House — announced that three categories of individuals responsible for Bush-era torture crimes would be fully immunized from any form of criminal investigation and prosecution: (1) Bush officials who ordered the torture (Bush, Cheney, Rice, Powell, Ashcroft, Rumsfeld); (2) Bush lawyers who legally approved it (Yoo, Bybee, Levin), and (3) those in the CIA and the military who tortured within the confines of the permission slips they were given by those officials and lawyers (i.e., “good-faith” torturers). The one exception to this sweeping immunity was that low-level CIA agents and servicemembers who went so far beyond the torture permission slips as to basically commit brutal, unauthorized murder would be subject to a “preliminary review” to determine if a full investigation was warranted — in other words, the Abu Ghraib model of justice was being applied, where only low-ranking scapegoats would be subject to possible punishment while high-level officials would be protected.
Yesterday, it was announced that this “preliminary review” by the prosecutor assigned to conduct it, U.S. Attorney John Durham, is now complete, and — exactly as one would expect — even this category of criminals has been almost entirely protected, meaning a total legal whitewash for the Bush torture regime:
The Justice Department has opened full criminal investigations of the deaths in CIA custody of two detainees, including one who perished at Iraq’s notorious Abu Ghraib prison, U.S. officials said Thursday.
The decision, announced by Attorney General Eric H. Holder Jr., means continued legal jeopardy for several CIA operatives but at the same time closes the book on inquiries that potentially threatened many others. A federal prosecutor reviewed 101 cases in which agency officers and contractors interrogated suspected terrorists during years of military action after the Sept. 11, 2001, attacks but found cause to pursue criminal cases in only two. . . .
The two token cases to be investigated involve the most grotesque brutality imaginable: they apparently are (1) a detainee who froze to death in an American secret prison in Afghanistan in 2002 after being ordered stripped and chained to a concrete floor, and (2) the 2003 death of a detainee at Abu Ghraib whose body was infamously photographed by Abu Ghraib giving a thumbs-up sign. All other crimes in the Bush torture era will be fully protected.
Time for a war against “terrorism”
If there’s one resounding message from the last decade, it is the effectiveness with which Americans can be bludgeoned and coerced into what amounts to self-applied lebotomization. All it takes is to utter the word “terrorism” and the average person’s brain ceases to function.
Democracy Now! reports:
A new documentary, “If a Tree Falls: A Story of the Earth Liberation Front,” tells the story of environmental activist Daniel McGowan. Four years ago this month, McGowan was sentenced to a seven-year term for his role in two acts of politically motivated arson in 2001 to protest extensive logging in the Pacific Northwest—starting fires at a lumber company and an experimental tree farm in Oregon. The judge ruled he had committed an act of terrorism, even though no one was hurt in any of the actions. McGowan participated in the arsons as a member of the Earth Liberation Front but left the group after the second fire led him to become disillusioned. He was arrested years later after a key member of the Earth Liberation Front—himself facing the threat of lengthy jail time—turned government informant. McGowan ultimately reached a plea deal but refused to cooperate with the government’s case. As a result, the government sought a “terrorism enhancement” to add extra time to his sentence. McGowan is currently jailed in a secretive prison unit known as Communication Management Units, or CMUs, in Marion, Illinois. We play an excerpt from the film and speak with the film’s director, Marshall Curry. We also speak with Andrew Stepanian, an animal rights activist who was imprisoned at the same CMU as McGowan, and with Will Potter, a freelance reporter who writes about how the so-called “war on terror” affects civil liberties.
Holder defends terror trials in civilian courts
The Associated Press reports:
Attorney General Eric Holder on Thursday defended the prosecution of terrorism suspects in civilian court after the top-ranking Senate Republican urged him to send two Iraqis to Guantanamo Bay rather than try them in Kentucky.
Holder criticized what he called a “rigid ideology” among political opponents working to prevent terror trials that have been successfully handled by civilian courts hundreds of times.
“Politics has no place — no place — in the impartial and effective administration of justice,” Holder said in remarks prepared for delivery to the American Constitution Society’s convention. “Decisions about how, where, and when to prosecute must be made by prosecutors, not politicians.”
Although Holder didn’t mention Senate Majority Leader Mitch McConnell by name, his comments come two days after McConnell took to the Senate floor and urged Holder’s Justice Department to send terrorism suspects Waad Ramadan Alwan and Mohanad Shareef Hammadi to Navy-run prison at Guantanamo Bay, Cuba. He said a trial planned in his home state of Kentucky could risk retaliatory attacks against judges, jurors and the broader community.
The Justice Department says there have been more than 400 convictions of terrorism-related charges in civilian courts.
“Not one of these individuals has escaped custody,” Holder said. “Not one of the judicial districts involved has suffered retaliatory attacks. And not one of these terrorists arrested on American soil has been tried by a military commission.”
Activists cry foul over FBI probe
The Washington Post reports:
FBI agents took box after box of address books, family calendars, artwork and personal letters in their 10-hour raid in September of the century-old house shared by Stephanie Weiner and her husband.
The agents seemed keenly interested in Weiner’s home-based business, the Revolutionary Lemonade Stand, which sells silkscreened baby outfits and other clothes with socialist slogans, phrases like “Help Wanted: Revolutionaries.”
The search was part of a mysterious, ongoing nationwide terrorism investigation with an unusual target: prominent peace activists and politically active labor organizers.
The probe — involving subpoenas to 23 people and raids of seven homes last fall — has triggered a high-powered protest against the Department of Justice and, in the process, could create some political discomfort for President Obama with his union supporters as he gears up for his reelection campaign.
The apparent targets are concentrated in the Midwest, including Chicagoans who crossed paths with Obama when he was a young state senator and some who have been active in labor unions that supported his political rise.
FBI agents get leeway to push privacy bounds
The New York Times reports:
The Federal Bureau of Investigation is giving significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention.
The F.B.I. soon plans to issue a new edition of its manual, called the Domestic Investigations and Operations Guide, according to an official who has worked on the draft document and several others who have been briefed on its contents. The new rules add to several measures taken over the past decade to give agents more latitude as they search for signs of criminal or terrorist activity.
The F.B.I. recently briefed several privacy advocates about the coming changes. Among them, Michael German, a former F.B.I. agent who is now a lawyer for the American Civil Liberties Union, argued that it was unwise to further ease restrictions on agents’ power to use potentially intrusive techniques, especially if they lacked a firm reason to suspect someone of wrongdoing.
“Claiming additional authorities to investigate people only further raises the potential for abuse,” Mr. German said, pointing to complaints about the bureau’s surveillance of domestic political advocacy groups and mosques and to an inspector general’s findings in 2007 that the F.B.I. had frequently misused “national security letters,” which allow agents to obtain information like phone records without a court order.
Ex-NSA aide gains plea deal in leak case; setback to U.S.
The New York Times reports:
A former spy agency employee agreed late Thursday to plead guilty to a minor charge in a highly publicized leak prosecution, undercutting the Obama administration’s unusual campaign to prosecute government officials who disclose classified information to the press.
The National Security Agency official, Thomas A. Drake, had faced a possible 35 years in prison if convicted on felony charges under the Espionage Act. Instead, he agreed to admit to a misdemeanor of misusing the agency’s computer system by providing “official N.S.A. information” to an unauthorized person, a reporter for The Baltimore Sun. Prosecutors said in the written plea agreement that they would not oppose a sentence under which Mr. Drake would serve no time.
A formal plea hearing was set for Friday morning in Baltimore. The presiding judge, Richard D. Bennett of the district court, could impose a sentence of up to a year in prison. But legal experts said it would be highly unusual to impose a prison term when the Justice Department was not seeking incarceration.
The deal represented the almost complete collapse of the government’s effort to make an example of Mr. Drake, who was charged last year in a 10-count indictment that accused him of obstructing justice and lying to investigators. It is uncertain whether the outcome will influence the handling of three pending leak cases or others still under investigation.
The case against Mr. Drake is among five such prosecutions for disclosures to the news media brought since President Obama took office in 2009: one each against defendants from the National Security Agency, the C.I.A., the F.B.I., the military and the State Department. In the past, such prosecutions have been extremely rare — three or four in history, depending on how they are counted, and never more than one under any other president.
Why did US medical personnel remove high-value detainee Abu Zubaydah’s eye?
Jason Leopold reports:
Shortly after he was captured in March 2002 at a safe house in Faisalabad, Pakistan, following an early morning raid jointly conducted by the CIA, FBI, Pakistani police and Inter-Services Intelligence (ISI), Abu Zubaydah woke up at a black site prison in Thailand and discovered that his left eye had been surgically removed.
Zubaydah, who is wearing an eye patch in a photograph included in his Guantanamo threat assessment file released by WikiLeaks last month, apparently never consented to the medical procedure and to this day has no idea why it was done, according to one of Zubaydah’s attorneys.
“I can tell you that Abu Zubaydah has no explanation for the loss of his eye,” said Brent Mickum, who has represented Zubaydah in his since 2007. “He continually wants me to make inquiries to try and determine the circumstances for which he lost his eye, but no one has been forthcoming.”
The Obama administration’s appalling decision to give Khalid Sheikh Mohammed a military trial
Dahlia Lithwick writes:
Today, by ordering a military trial at Guantanamo for 9/11 plotter Khalid Sheikh Mohammed and his co-defendants, Attorney General Eric Holder finally put the Obama administration’s stamp on the proposition that some criminals are “too dangerous to have fair trials.”
In reversing one of its last principled positions—that American courts are sufficiently nimble, fair, and transparent to try Mohammed and his confederates—the administration surrendered to the bullying, fear-mongering, and demagoguery of those seeking to create two separate kinds of American law. This isn’t just about the administration allowing itself to be bullied out of its commitment to the rule of law. It’s about the president and his Justice Department conceding that the system of justice in the United States will have multiple tiers—first-class law for some and junk law for others.
Every argument advanced to scuttle the Manhattan trial for KSM was false or feeble: Open trials are too dangerous; major trials are too expensive; too many secrets will be spilled; public trials will radicalize the enemy; the public doesn’t want it.
Of course, exactly the same unpersuasive claims could have been made about every major criminal trial in Western history, from the first World Trade Center prosecution to the Rosenberg trial to the Scopes Monkey trial to Nuremburg. Each of those trials could have been moved to some dark cave for everyone’s comfort and well-being. Each of those defendants could have been tried using some handy choose-your-own-ending legal system to ensure a conviction. But the principle that you don’t tailor justice to the accused won out, and, time after time, the world benefited.
Now the Obama administration—having loudly and proudly made every possible argument against a two-tier justice system—is capitulating to it.
But make no mistake about it: It won’t stop here. Putting the administration’s imprimatur on the idea that some defendants are more worthy of real justice than others legitimates the whole creeping, toxic American system of providing one class of legal protections for some but not others: special laws for children of immigrants, special laws for people who might look like immigrants, different jails for those who seem too dangerous, special laws for people worthy of wiretapping, and special laws for corporations. After today it will be easier than ever to use words and slogans to invent classes of people who are too scary to try in regular proceedings.
Say what you want about how Congress forced Obama’s hand today by making it all but impossible to try the 9/11 conspirators in regular Article II courts. The only lesson learned is that Obama’s hand can be forced. That there is no principle he can’t be bullied into abandoning. In the future, when seeking to pass laws that treat different people differently for purely political reasons, Congress need only fear-monger and fabricate to get the president to cave. Nobody claims that this was a legal decision. It was a political triumph or loss, depending on your viewpoint. The rule of law is an afterthought, either way.
Why isn’t Wall Street in jail?
Matt Taibbi writes:
Over drinks at a bar on a dreary, snowy night in Washington this past month, a former Senate investigator laughed as he polished off his beer.
“Everything’s fucked up, and nobody goes to jail,” he said. “That’s your whole story right there. Hell, you don’t even have to write the rest of it. Just write that.”
I put down my notebook. “Just that?”
“That’s right,” he said, signaling to the waitress for the check. “Everything’s fucked up, and nobody goes to jail. You can end the piece right there.”
Nobody goes to jail. This is the mantra of the financial-crisis era, one that saw virtually every major bank and financial company on Wall Street embroiled in obscene criminal scandals that impoverished millions and collectively destroyed hundreds of billions, in fact, trillions of dollars of the world’s wealth — and nobody went to jail. Nobody, that is, except Bernie Madoff, a flamboyant and pathological celebrity con artist, whose victims happened to be other rich and famous people.
The rest of them, all of them, got off. Not a single executive who ran the companies that cooked up and cashed in on the phony financial boom — an industrywide scam that involved the mass sale of mismarked, fraudulent mortgage-backed securities — has ever been convicted. Their names by now are familiar to even the most casual Middle American news consumer: companies like AIG, Goldman Sachs, Lehman Brothers, JP Morgan Chase, Bank of America and Morgan Stanley. Most of these firms were directly involved in elaborate fraud and theft. Lehman Brothers hid billions in loans from its investors. Bank of America lied about billions in bonuses. Goldman Sachs failed to tell clients how it put together the born-to-lose toxic mortgage deals it was selling. What’s more, many of these companies had corporate chieftains whose actions cost investors billions — from AIG derivatives chief Joe Cassano, who assured investors they would not lose even “one dollar” just months before his unit imploded, to the $263 million in compensation that former Lehman chief Dick “The Gorilla” Fuld conveniently failed to disclose. Yet not one of them has faced time behind bars.