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Criminal Prosecution and Accountability
"ElBaradei is so morally outraged by the blatant pulverization of a sovereign Middle East country by a Western superpower and its allies that he also advises the Iraqis to demand war reparations..."
Kaveh Afrasiabi of Asia Times reviews Mohammed ElBaradei's passionate last-ditch plea for global sanity, which includes new revelations about the U.S.'s failure to provide the IAEA with confirming evidence that Iran has ever had a nuclear weapons program: http://www.atimes.com/atimes/Middle_East/ND14Ak04.html
By Dave Lindorff
I've often wondered why so many innocent people who are shot by police end up dead.
Granted that police officers spend a fair amount of time training with their service revolvers, and are thus likely to be better shots with a pistol than your average gun-owner. But even so, in so many cases where some unarmed person is shot by police, the result is death, and it makes you wonder how cops, often in the dark and on the run, manage with their notoriously hard-to-aim pistols to hit a vital organ with such depressing regularity.
By Dave Lindorff
Back in the early 1980s, I had the extraordinary good fortune to get to meet one of my literary heroes, Kurt Vonnegut, up close and personal. We shared a police wagon, sitting next to each other for a ride to the station to be booked for blocking the door to the South African consulate in a demonstration against that country’s then policy of white rule and apartheid.
I can’t say I got to know the author very well, but he was quite friendly and interesting to talk to, and after our arrest and booking was over, and we were released, I shared a cab as far as his house.
By John Grant
Founded and preserved by acts of aggression, characterized by a continuing tradition of self-righteous violence against suspected subversion and by a vigorous sense of personal freedom, usually involving the widespread possession of firearms, the United States has evidenced a unique tolerance for homicide.
-David Brion Davis
Homicide in American Fiction 1798-1860
The Trayvon Martin story is not going to go away. It was a narrative event waiting to happen, and the story only gets richer with meaning as time goes on. There are the obvious racial aspects, but the most important elements are about police power versus citizen power -- and who can get away with shooting whom?
FINALLY Someone's Prosecuted (and not in absentia) for U.S. Torture -- And It's Poland That Comes Through
Poland Charges Ex-Spy Chief over Involvement in Bush Torture Program
From ALL GOV .COM
Obama Justice Dept. Refuses to Help Polish Torture Probe (by Noel Brinkerhoff and David Wallechinsky, AllGov)
AP Gets Expert to Say Bales Likely Not Able to Be Tried for 17 Murders Because He Committed 17 Murders
What does this say about OBAMA's mental health?
By Linn Washington, Jr.
In March 1799 authorities in North Carolina found no fault in a teen fatally shooting a black man after confronting that man about his being on a public road.
Dear Department of Justice and Department of Treasury Officials:
We might have just helped you bag another material supporter of terrorism this week! And you'll never believe who the culprit is! We were even able to tape record some of his own damning admissions! (That's the reason for my calls last week to your duty attorneys and media offices.)
Reprieve and solicitors Leigh Day & Co have announced that they will be issuing formal legal proceedings this week against the UK Foreign Secretary on behalf of Noor Khan, whose father was killed last year in a drone strike on a Jirga – or council of elders – in North West Pakistan.
Noor Khan (27), lives in Miranshah, North Waziristan Agency, in the Federally Administered Tribal Areas of Pakistan. His father, Malik Daud Khan, was a member of the local Jirga, a peaceful council of tribal elders whose functions included the settling of commercial disputes.
By Linn Washington, Jr.
Richard Cebull, the chief federal district court judge in Montana, went into damage control mode recently after newspaper reporters in his state discovered a racist and sexist email Cebull had sent to six close friends insinuating that President Obama’s mother had had sex with a dog.
It's hard to imagine the United States complying with this perfectly appropriate demand or producing any actually persuasive justification for refusing to.
By Dave Lindorff
The sorry state of American journalism is on full display in the coverage by the corporate media of the ongoing crisis surrounding Iran’s nuclear fuel program.
The leaders of both Israel and the U.S. have publicly threatened to attack Iran -- Israel saying it could do so within weeks, President Obama warning that he would consider attacking Iran militarily if he were convinced that that nation was building an atomic bomb.
The Witch-Burners are Alive and Sick in Kansas: Stand Up for Dr. Kristin Neuhaus against the Kansas Theocracy's Anti-Abortion Ji
By Dave Lindorff
A few hundred years ago in colonial Massachusetts, the theocratic fascist men who ran that society had a way of dealing with free-thinking women in their midst: they burned them at the stake or drummed up hordes of frightened and unthinking neighbors to stone them to death.
Most of us today imagine that if we had lived in those dark times, we would have stood up against such an outrage. Now is the time to find out.
The Manning prosecution is a tragic miscarriage of justice. US officials are highly embarrassed by what Manning exposed and are shooting the messenger. As Glen Greenwald, the terrific Salon writer, has observed, President Obama has prosecuted more whistleblowers for espionage than all other presidents combined.
Drop All Charges Against Bradley Manning! from Veterans for Peace
“Where is the justice?” asks Gerry Condon, a Board member of Veterans For Peace. “The Army is shirking its duty to punish soldiers who have committed rape and murder. Yet they are trying to destroy the life of Bradley Manning, who has not harmed a hair on a person's head.”
By Kurt Daims
A national coalition is forming to assist my candidacy for Town Grand Juror in little Brattleboro, Vermont: this is one of the most important elections in the country today. The Brattleboro town charter grants this office the same powers in the town that the attorney general holds in the state. Four years ago I authored the Brattleboro Indictment Resolution, for the town to draft indictments against Bush and Cheney for crimes against our Constitution (including war crimes). So, by law the town grand juror has both the power of prosecution and the premise to use these powers against Bush and Cheney. Coalition attorney Paul Gillies says the approach is novel and viable, though legal challenges are likely. The authority of the town grand juror is a remnant of the pre-revolutionary elected grand jury system in which justice is accessible to the people at lower levels of government. Such law may be the seed from which the tradition of American justice can be restored . People need to see that justice is possible in the world, and so be inspired in all good human work.
The fed has declined to prosecute, and so have the states. We advocates of justice can't just keep asking them and petitioning them to do it. We have to bang our heads on a different wall. If I draft an indictment, then the issue will present itself to higher government in a different form . That is, it will be a request for extradition.
THE ELECTION IS MARCH 6. Our chances of election are improved if we get people out to vote or if my other initiatives gain some good publicity -- the EMDOVY resolution and a Wall Street tax. EMDOVY (for eminent domain over VY, the nearby nuclear power plant) is now actually under review of legal council for the state legislature. I'm told it, too, is very interesting legally, and I have pasted some notes on it below for your reading. The Wall Street tax could bring money to the town, maybe even reduce other taxes, and is just about ready to publicize. I also spearheaded a "Save American Democracy" amendment resolution (proposed by Bernie Sanders), which is on the ballot. These things could help bring people to the polls.
This is probably the only indictment plan in the control of a willing official, and it is an issue of international humanitarian concern. So, Bush Indictment Coalition is forming to assist with the campaign. Brattleboro people supported the indictment resolution because they wanted justice for the troops, the torture victims and the dead civilians, and will favor me for town grand juror for the same reasons, but they are unaware of the significance of the office. Turnout at the march elections is very low and conservative. Our biggest challenge is to get out the vote. Promise to contact Brattleboro voters on the Weekend of March 2, or to enlist your friends any time. Hearing from people out-of-state reminds local voters that this is a national and international humanitarian issue that demands their vote.
Bob Bowman Lt Colonel USAF (retired) Director of "Strategic Defense Initiative (Star Wars) under Reagan
Sue Serpa, New England Impeachment Coalition
Veterans for Peace War Crimes Prosecution Work Group
By Dave Lindorff
If a bunch of street toughs decided to gang up and beat the crap out of some guy in the neighborhood because they feared he might be planning to buy a gun to protect his family, I think we’d all agree that the police would be right to bust that crew and charge them with conspiracy to commit the crime of assault and battery. If they went forward with their plan and actually did attack the guy, injuring or killing him in the process, we’d also all agree they should all be charged with assault and battery, attempted murder, or even first-degree murder if he died.
Elizabeth Holtzman knows something about struggles for justice in the U.S. government. She was a member of Congress and of the House Judiciary Committee that voted for articles of impeachment against President Richard Nixon in 1973. She proposed the bill that in 1973 required that "state secrets" claims be evaluated on a case-by-case basis. She co-authored the special prosecutor law that was allowed to lapse, just in time for the George W. Bush crime wave, after Kenneth Starr made such a mockery of it during the Whitewater-cum-Lewinsky scandals. She was there for the creation of the Foreign Intelligence Surveillance Act (FISA) in 1978. She has served on the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, bringing long-escaped war criminals to justice. And she was an outspoken advocate for impeaching George W. Bush.
Holtzman's new book, coauthored with Cynthia Cooper, is called "Cheating Justice: How Bush and Cheney Attacked the Rule of Law and Plotted to Avoid Prosecution -- and What We Can Do About It." Holtzman begins by recalling how widespread and mainstream was the speculation at the end of the Bush nightmare that Bush would pardon himself and his underlings. The debate was over exactly how he would do it. And then he didn't do it at all.
By John Grant
I could have been a vicious raving monster who killed and killed and left towers of rotting flesh in my wake. Instead, here I was on the side of truth, justice and the American way. Still a monster, of course, but I cleaned up nicely afterward, and I was OUR monster, dressed in red, white and blue 100 percent synthetic virtue.
Dearly Devoted Dexter
I teach creative writing in a maximum security prison in Philadelphia. During the week I scour two thrift shops for 35-cent paperbacks that I haul in to stock a small lending library I created for inmates. Amazingly, the prison had no library.
US Military Leadership Says "Zero Tolerance for Murder, Assault and Hazing," But Marine Corps Courts Rule Differently
By Colonel Ann Wright, US Army Reserves (Retired)
Despite US military leadership stating there is zero tolerance for murder, assault and hazing, recent Marine Corps court-martial plea bargains and court-martial panel decisions in manslaughter and assault trials indicate strong institutional “tolerance” for those crimes.
None of 8 Marines Charged in the notorious 2005 Haditha Murder of 24 Unarmed Civilian Iraqis is Convicted
Six years after a horrific attack in 2005 on unarmed Iraqi civilians in the town of Haditha, Iraq, in which 24 persons, including seven children, a toddler, three women and a 76-year-old man in a wheelchair, were killed by US Marines in retaliation for an IED blowing up a Marine vehicle in which one Marine died, no Marines have been found guilty of murder or manslaughter.
On January 24, 2012, the last of 8 Marines accused in the murder of 12 of the 24 unarmed civilian Iraqis, had nine counts of manslaughter dropped for a plea of guilty to a single count of negligent dereliction of duty. Staff Sergeant Frank Wuterich admitted to the court that he had told his squad to “shoot first, ask questions later.”
Of the seven other Marines charged for the deaths of the civilians, one Marine was acquitted and the six others in his squad had their cases dropped by Marine prosecutors in exchange for their cooperation and testimony against the other two Marines.
However, when Wuterich’s case finally came to trial, the prosecution agreed to a plea bargain after Wuterich’s squad members began giving contradictory testimony to what they told investigators during the initial investigation six years before. The changed testimony precipitated the prosecution’s plea deal for Wuterich for the Haditha murders.
Lt. Col. Joseph Kloppel, a Marine Corps spokesman, said the plea deal was the result of mutual negotiations and does not reflect how the case was going for the prosecution. He said the government investigated and prosecuted the case as it should have.
After the Marine prosecutors’ decision to offer Wuterich a plea bargain and dropped the nine manslaughter charges, military judge, Lt. Col. David Jones, recommended a maximum sentence of three months for Wuterich. Jones said, “It’s for difficult the court to fathom negligent dereliction of duty worse than the facts of this case.” However, after seeing the prosecution and defense terms of agreement for the plea bargain, Jones said that the deal agreed to by the prosecution prevented any jail time for Wuterich.
Jones recommended that Wuterich be reduced in rank to Private, which would have docked his pay, but he decided not apply this punishment as Wuterich is a divorced father with the sole custody of three children.
Wuterich read a statement apologizing to the families of the victims stating that he never fired on or intended to harm innocent women and children, but that his plea should not be seen as a statement that he believed his squad had dishonored their country.
Outrage and Anger in Iraq for No Marines Held Accountable for Murder of 24 Unarmed Civilians
As a reminder of the protest and outrage in Iraq with the plea bargain to drop nine manslaughter counts for the Marine brought to a court martial in the deaths of 24 unarmed civilians in Haditha six years ago, these are the names of the unarmed children, women and men killed by the Marines in the village of Haditha:
House #1—7 killed, 2 injured (but survived), 2 escaped
1. Abdul Hamid Hassan Ali, 76—grandfather, father and husband. Died with nine rounds in the chest and abdomen.
2. Khamisa Tuma Ali, 66—wife of Abdul Hamid Hassan Ali
3. Rashid Abdul Hamid, 30.
4. Walid Abdul Hamid Hassan, 35.
5. Jahid Abdul Hamid Hassan, middle-aged man.
6. Asma Salman Rasif, 32.
7. Abdullah Walid, 4.
Injured: Iman, 8, and Abdul Rahman, 5.
Escaped: Daughter-in-law, Hiba, escaped with 2-month-old Asia
House #2—8 killed, 1 survivor: Shot at close range and attacked with grenades
8. Younis Salim Khafif, 43—husband of Aida Yasin Ahmed, father.
9. Aida Yasin Ahmed, 41—wife of Younis Salim Khafif, killed trying to shield her youngest daughter Aisha.
10. Muhammad Younis Salim, 8—son.
11. Noor Younis Salim, 14—daughter.
12. Sabaa Younis Salim, 10—daughter.
13. Zainab Younis Salim, 5—daughter.
14. Aisha Younis Salim, 3—daughter.
15. A 1-year-old girl staying with the family.
Survived: Safa Younis Salim, 13.
House #3—4 brothers killed
16. Jamal Ahmed, 41.
17. Marwan Ahmed, 28.
18. Qahtan Ahmed, 24.
19. Chasib Ahmed, 27.
Taxi—5 killed: Passengers were students at the Technical Institute in Saqlawiyah
20. Ahmed Khidher, taxi driver.
21. Akram Hamid Flayeh.
22. Khalid Ayada al-Zawi.
23. Wajdi Ayada al-Zawi.
24. Mohammed Battal Mahmoud.
Consistency in Military "Justice" -- No Punishment for Massacres
The Haditha murders and the results of the court-martials of those accused of conducting the murders have been compared to the My Lai massacre of the Vietnam War. On March 16, 1968, somewhere between 347 and 504 unarmed civilians were murdered in the village called My Lai by soldiers of “Charlie” Company of the US Army’s Americal Division. Most of the victims were women, children (including babies), and elderly people. Some of the bodies were later found to be mutilated. 26 US soldiers were initially charged with criminal offenses, but only Second Lieutenant William Calley, a platoon leader in Charlie Company, was convicted. Calley was found guilty of killing 22 villagers and was originally given a life sentence, but he received a sentence of three and a half years, not in prison, but under house arrest on a military base.
Marine Assaults lead to Suicide
In the past two weeks at the US Marine Base in Kaneohe, Hawaii, the two of three Marines assigned to the 2nd Battalion, 3rd Marine Regiment have been court-martialed for their part in assault of a fellow Marine Lance Corporal Harry Lew who ended up committing suicide in Afghanistan 20 minutes after the assault. Lance Corporal Jacob Jacoby, 21, pleaded guilty to three charges of assault on Lew including kicking Lew in the head and back and punching Lew on his helmet for 3 and ½ hours.
In plea bargain, Benjamin was allowed to plea bargain for 30 days confinement and a reduction in rank to private first class and the Marine prosecutor agreed to drop the remaining two charges of wrongfully abusing, humiliating, demeaning and threatening Lew.
The court martial judge, US Navy Captain Carrie Stephens, said that there was “no evidence that there was a direct link between the assault on Lew and his suicide” that occurred 20 minutes later. The judge did not honor the prosecution’s request for a bad conduct discharge and instead reduced Jacoby in rank to Private First Class and allowed him to stay in the Marine Corps.
Lew committed suicide on April 3, 2011, after he was assaulted by the three Marines because he had fallen asleep for the fourth time in less than two weeks while on sentry duty. Besides being beaten up, Lew had been ordered to do push-ups and leg lifts with a sandbag. The accused had poured sand into his Lew’s face and had put their boots in his back.
Lew had been ordered to dig a foxhole as further punishment and while crouched in the foxhole, he put his weapon in his mouth and pulled the trigger.
Congresswoman Calls Verdict a "Slap in the Face of a Young Man Who Wanted to Serve His Country"
Lew’s aunt, US Congresswoman Judy Chu, called the verdict “a slap in the face to the life of a young man who only wanted to serve his country.” Chu said the 30 day sentence for one of the assailants sends the message that “hazing will continue unabated. There has to be reform. There has to be actual enforcement instead of looking the other way.” Chu attended the January 30, 2012 court-martial at Kaneohe Marine Base, Hawaii.
Second Marine charged in Lew’s assault found not guilty
On February 10, 2012, Sergeant Benjamin Johns, the second Marine charged in the assault that led to Lew’s suicide, was found not guilty of “violating a lawful order by wrongfully humiliating and demeaning” Lew. Prosecutors alleged that Johns “hazed: Lew by ordering him to dig a foxhole as punishment for falling asleep on guard duty at their patrol base in Afghanistan. They also charged Johns with failure to intervene when another Marine, Lance Corporal Carlos Orozco, punished Lew by making him carry a sandbag around the base.
Court-martial jurors were not told of Lew’s suicide. The military presiding judge Marine Colonel Michael Richardson ruled that there was no evidence to prove that Lew killed himself because of how he was treated. Jurors were told only that Lew had died.
The court-martial of the third Marine to be tried in Lew’s “hazing” assault is still pending. Lance Corporal Carlos Orozco allegedly put his foot on Lew’s back, ordered Lew to do push-ups and side planks and poured sand into Lew’s face. He is charged with assault, humiliating Lew and cruelty and maltreatment.
Another Asian-American soldier commits suicide after assaults
In another case of assault and hazing of an Asian-American, 8 US Army soldiers have been charged in the death 19 year old Private Danny Chen, who shot himself in Afghanistan on October 3, 2011 after weeks of physical abuse, humiliation and racial slurs. The soldiers, including one First Lieutenant, face charges ranging from ranging from dereliction of duty, assault, negligent homicide and involuntary manslaughter in Chen’s death. The eight soldiers are assigned to the 3rd Battalion, 21st Infantry Regiment, 1st Stryker Brigade Combat Team, 25th Infantry Division, Schofield Barracks, Hawaii.
It is ironic that two Asian American service members have committed suicide in units that are based in Hawaii, the state that has probably the greatest proportion of Asian Americans in the United States.
Congresswoman Chu calls for Congressional hearings on assaults and suicides
Upon her return to Washington, DC from the court-martial in Hawaii of her nephew’s assailants, Congresswoman Chu sent a letter to the House of Representatives Armed Services Committee requesting a hearing on assaults on military members by fellow military members. Rep. Adam Smith, the minority head of the Armed Services committee, said that the issue is a “cultural problem within the military, and it needs to be examined.”
Chairman of the Joint Chiefs says assaults are “isolated”
General Martin Dempsey, chairman of the Joint Chiefs of staff, condemned “hazing” as intolerable in the military stating it “undermines the service’s values, tarnishes its reputation and erodes the trust that bonds us.” He added that the assault and hazing incidents appear to be “isolated.”
8 Sailors Thrown out of the Navy for “Hazing” Assault of fellow sailor
However, despite what the Chairman of the Joint Chief of Staff said, assaults and hazing in the military are not isolated. But, in contrast to the Marine protection of those who assault and haze, on February 4, 2012, the US Navy announced that it had thrown out of the Navy, eight sailors identified in a hazing incident aboard the USS Bonhomme Richard. The Navy quickly acted on the criminal incident and punished the eight sailors with general discharges from the Navy after they choked and punched another sailor during a “hazing” incident. The injured sailor sought medical attention from the ship's doctor.
The ship's captain investigated the hazing "initiation" after the ship’s doctor reported the sailor’s injuries. The eight assailants were discharged under the Navy's zero-tolerance hazing policy. "Pretty cut and dry," from the Navy's perspective, according to the senior U.S. Navy official. "When an incident like this happens, it's got to be taken care of," McKinney said. "It goes contrary to our core values."
Marines Urinating on Dead Taliban and Marine Unit Creates SS Flags
US Marine culture and environment has come under additional scrutiny due to a video of Marines urinating on dead Taliban and a unit posing with a flag with a Nazi SS logo.
In January, 2012, a video surfaced of 4 Marines from a sniper team assigned to Camp Lejeune, North Carolina, urinating on the bodies of dead Taliban.
Defense Secretary Leon Panetta called the video “utterly deplorable” and promised a full investigation.
“This conduct is entirely inappropriate for members of the United States military and does not reflect the standards or values our armed forces are sworn to uphold,” he said. “Those found to have engaged in such conduct will be held accountable to the fullest extent.”
The Marine Corps is investigating the video.
In another incident in Afghanistan coming into public view in February, 2012, a Marine sniper unit posted to its blog in September, 2010, a photo of members of the unit posing in front of a flag with a logo resembling a logo resembling that of the Nazi SS. The Marines who posed the photo are no longer with the unit. A Marine spokesperson said that the use of the SS symbol is not acceptable and that the Marine Corps had addressed the issue, but did not specify what action has been taken.
About the Author: Ann Wright served 29 years in the US Army and Army Reserve and retired as a Colonel. She is also a former US diplomat who resigned in 2003 in opposition to the Iraq War.
“Corporate Accountability Now” Website Launched As Supreme
Court Prepares to Consider Whether Corporations Can Be Held Liable
for Crimes Against Humanity, Torture
As the U.S Supreme Court prepares to consider whether corporations are immune from liability for human rights violations, a coalition of leading human rights groups has launched a campaign and website called Corporate Accountability Now. The campaign is dedicated to the proposition that if corporations have the same rights as people when it comes to free speech, then they should be responsible for their actions when they commit grave crimes.
The Corporate Accountability Now website includes information about the law and cases at issue, why these issues matter, and how to get involved.
The upcoming Supreme Court argument coincides with widespread popular discontent over the impact of the Court’s controversial 2010 decision in Citizens United, which found that corporations have broad rights that enable them to affect public policy. In the two cases before the Court on Feb. 28, the Justices will be asked to determine whether corporations can be sued for their complicity in torture, crimes against humanity and other human rights abuses.
The Court’s decision will have profound implications for the future of corporate accountability in the United States. The Supreme Court has decided that corporations have rights just like human beings — now the Court must decide whether corporations also have the same responsibilities, or whether a corporation is only a ‘person’ when it benefits the company.
One of the cases is Kiobel v. Royal Dutch Petroleum, which alleges that Royal Dutch/Shell was complicit in crimes against humanity in Nigeria in the 1990s, when numerous Nigerians from the Ogoni region were killed and tortured for their opposition to oil activities in their territory and criticism of Shell. The second case, Mohamad v. Palestinian Authority, charges that agents of the Palestinian Authority tortured and killed a U.S. citizen in the West Bank. Kiobel involves the Alien Tort Statute and Mohamad involves the Torture Victim Protection Act.
For more information, visit www.corporateaccountabilitynow.org.
Corporate Accountability Now is a joint project of EarthRights International, the Center for Constitutional Rights, and the Human Rights Litigation and International Legal Advocacy Clinic at the University of Minnesota Law School. Corporate Accountability Now does not represent the plaintiffs in either Kiobel v. Royal Dutch Petroleum or Mohamad v. Palestinian Authority, but the sponsoring organizations have filed amicus briefs in these cases.
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From Naked Capitalism:
As readers may know by now, 49 of 50 states have agreed to join the so-called mortgage settlement, with Oklahoma the lone refusenik. Although the fine points are still being hammered out, various news outlets (New York Times, Financial Times, Wall Street Journal) have details, with Dave Dayen’s overview at Firedoglake the best thus far.
The Wall Street Journal is also reporting that the SEC is about to launch some securities litigation against major banks. Since the statute of limitations has already run out on securities filings more than five years old, this means they’ll clip the banks for some of the very last (and dreckiest) deals they shoved out the door before the subprime market gave up the ghost.
The various news services are touting this pact at the biggest multi-state settlement since the tobacco deal in 1998. While narrowly accurate, this deal is bush league by comparison even though the underlying abuses in both cases have had devastating consequences.
The tobacco agreement was pegged as being worth nearly $250 billion over the first 25 years. Adjust that for inflation, and the disparity is even bigger. That shows you the difference in outcomes between a case where the prosecutors have solid evidence backing their charges, versus one where everyone know a lot of bad stuff happened, but no one has come close to marshaling the evidence.
The mortgage settlement terms have not been released, but more of the details have been leaked:
1. The total for the top five servicers is now touted as $26 billion (annoyingly, the FT is calling it “nearly $40 billion”), but of that, roughly $17 billion is credits for principal modifications, which as we pointed out earlier, can and almost assuredly will come largely from mortgages owned by investors. $3 billion is for refis, and only $5 billion will be in the form of hard cash payments, including $1500 to $2000 per borrower foreclosed on between September 2008 and December 2011.
Banks will be required to modify second liens that sit behind firsts “at least” pari passu, which in practice will mean at most pari passu. So this guarantees banks will also focus on borrowers where they do not have second lien exposure, and this also makes the settlement less helpful to struggling homeowners, since borrowers with both second and first liens default at much higher rates than those without second mortgages. Per the Journal:
“It’s not new money. It’s all soft dollars to the banks,” said Paul Miller, a bank analyst at FBR Capital Markets.
The Times is also subdued:
Despite the billions earmarked in the accord, the aid will help a relatively small portion of the millions of borrowers who are delinquent and facing foreclosure. The success could depend in part on how effectively the program is carried out because earlier efforts by Washington aimed at troubled borrowers helped far fewer than had been expected.
2. Schneiderman’s MERS suit survives, and he can add more banks as defendants. It isn’t clear what became of the Biden and Coakley MERS suits, but Biden sounded pretty adamant in past media presentations on preserving that.
3. Nevada’s and Arizona’s suits against Countrywide for violating its past consent decree on mortgage servicing has, in a new Orwellianism, been “folded into” the settlement.
4. The five big players in the settlement have already set aside reserves sufficient for this deal.
Here are the top twelve reasons why this deal stinks:
Rights Group Submits Declaration Detailing Torture to Spanish Court after Judge Issues Order to Proceed with Guantánamo Torture Investigation
Document Highlights Treatment of Acknowledged Torture Victim
Mohammed al Qahtani, Helps Set Stage for Prosecution of Bush Administration Officials
February 8, 2012, New York and Madrid – Today, the Center for Constitutional Rights (CCR) submitted a declaration to a Spanish court detailing the torture of Mohammed al Qahtani, who has been detained without charge or trial at Guantánamo since 2002. The submission follows Spanish Investigating Judge Pablo Ruz Gutierrez’s recent order to proceed with the probe into the U.S. torture program.
Mr. al Qahtani was the victim of the “First Special Interrogation Plan,” a regime of aggressive interrogation techniques amounting to torture personally authorized by former Secretary of Defense Donald Rumsfeld. Mr. al Qahtani is the only prisoner held at Guantánamo Bay the U.S. has officially admitted to torturing. Mr. al Qahtani’s treatment, much of which is described in detail in the declaration through his own words, includes 48 days of sleep deprivation, 20-hour interrogations, forced nudity, sexual humiliation, religious humiliation, physical force, prolonged stress positions, and prolonged sensory overstimulation. In addition, the document details the effects of the interrogation, which included Mr. al Qahtani’s severe emotional distress, inability to control his bladder, and visual and auditory hallucinations. Time Magazine obtained and published a detailed log of his interrogations in 2005.
Katherine Gallagher, a Senior Staff Attorney at the Center for Constitution Rights, said, “This declaration details the severe psychological and physical trauma suffered by Mr. al Qahtani as a result of the brutal treatment he was subjected to at Guantánamo through techniques that are in direct violation of the Geneva Convention and the Convention Against Torture. That the high-level U.S. officials alleged to be responsible for this criminal conduct, including Donald Rumsfeld and Geoffrey Miller, continue to enjoy impunity domestically is a stain on the U.S. system of justice. We hope that this declaration will provide valuable evidence for use in holding these officials accountable in Spain, a venue that is willing to investigate torture.”
The declaration, compiled from Mr. al Qahtani’s own accounts by his attorney at CCR, provides a thorough description of his treatment in response to Judge Ruz’s request for more information about the program. Former CCR attorney Gitanjali Gutierrez conducted client interviews with Mr. al Qahtani during 27 trips to Guantánamo between December 2005 and November 2009. The declaration identifies Major General Geoffrey Miller as responsible for both authorizing and implementing the interrogation techniques used on Mr. al Qahtani that led to his torture. Miller was the commander of Guantánamo and was later implicated in the Abu Ghraib torture scandal after being appointed Deputy Commanding General of Detention Operations in Iraq.
Wolfgang Kaleck, Secretary General of the Berlin-based European Center for Constitutional and Human Rights (ECCHR), which joined CCR in providing a dossier outlining Geoffrey Miller’s liability for torture to Judge Ruz last year, said “The way the United States has dealt with established torture claims has been appalling. Those claims are now in the hands of the Spanish judiciary. Today’s submission before Judge Ruz greatly adds to the evidence previously presented against Geoffrey Miller and we hope the judge will act on it.”
The case, which Judge Ruz inherited from Judge Baltasar Garzón, has been ongoing since April 2009, when Garzón opened a preliminary investigation into what he termed “an authorized and systematic plan of torture and ill-treatment on persons deprived of their freedom without any charge and without the basic rights of any detainee…” The investigation stemmed from a previous court case in which four former Guantánamo detainees at the center of the case were found to have been tortured. That investigation concluded that facts of the case related to violations under the Spanish Penal Code, the Third and Fourth Geneva Conventions, the Convention Against Torture, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the Organic Law of the Judicial Power (article 23.4.) Judge Ruz’s recent order was precipitated, in part, by a decision to proceed with the investigation after the U.S. and U.K. governments failed to respond to letters rogatory issued by the Spanish court that requested information about any domestic investigations in those countries.
Details about the ongoing case in Spain and the full declaration are available here and here, respectively. Information about on-going litigation in U.S. courts related to Mr. al Qahtani is available here: http://www.ccrjustice.org/ourcases/current-cases/al-qahtani-v.-bush%2C-al-qahtani-v.-gates.
CCR filed cases against Donald Rumsfeld in Germany and France, and released a Bush Torture Indictment, under the Convention Against Torture, ready to be tailored to the specific laws of any of the 147 signatory countries to the Convention Against Torture where he may travel. CCR has led the legal battle over Guantanamo in the U.S. for the last 10 years – representing clients in two Supreme Court cases and organizing and coordinating hundreds of pro bono lawyers across the country to represent the men at Guantanamo, ensuring that nearly all have the option of legal representation. Among other Guantánamo cases, the Center represents the families of men who died at Guantánamo, and men who have been released and are seeking justice in international courts.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change. Visit www.ccrjustice.org and follow @theCCR.