Blog on the Run: Reloaded

Tuesday, June 7, 2011 7:47 pm

This is not difficult

Goldman Sachs CEO Lloyd Blankfein has broken the law and should go to prison for five years.

I don’t mean in terms of conspiring to commit fraud or other complicated areas, although I personally believe he has broken the law there, too. I mean he has done the same simple, stupid thing that got former baseball star Roger Clemens indicted: He lied to Congress.

Matt Taibbi helpfully explains:

Though many legal experts agree there is a powerful argument that the Levin report [a report stemming from an investigation led by Sen. Carl Levin — Lex] supports a criminal charge of fraud, this stuff can keep the lawyers tied up for years. So let’s move on to something much simpler. In the spring of 2010, about a year into his investigation, Sen. Levin hauled all of the principals from these rotten Goldman deals to Washington, made them put their hands on the Bible and take oaths just like normal people, and demanded that they explain themselves. The legal definition of financial fraud may be murky and complex, but everybody knows you can’t lie to Congress.

“Article 18 of the United States Code, Section 1001,” says Loyola University law professor Michael Kaufman. “There are statutes that prohibit perjury and obstruction of justice, but this is the federal statute that explicitly prohibits lying to Congress.”

The law is simple: You’re guilty if you “knowingly and willfully” make a “materially false, fictitious or fraudulent statement or representation.” The punishment is up to five years in federal prison.

When Roger Clemens went to Washington and denied taking a shot of steroids in his ass, the feds indicted him — relying not on a year’s worth of graphically self-incriminating e-mails, but chiefly on the testimony of a single individual who had been given a deal by the government. Yet the Justice Department has shown no such prosecutorial zeal since April 27th of last year, when the Goldman executives who oversaw the Timberwolf, Hudson and Abacus deals arrived on the Hill and one by one — each seemingly wearing the same mask of faint boredom and irritated condescension — sat before Levin’s committee and dodged volleys of questions. …

Lloyd Blankfein went to Washington and testified under oath that Goldman Sachs didn’t make a massive short bet and didn’t bet against its clients. The Levin report proves that Goldman spent the whole summer of 2007 riding a “big short” and took a multibillion-dollar bet against its clients, a bet that incidentally made them enormous profits. Are we all missing something? Is there some different and higher standard of triple- and quadruple-lying that applies to bank CEOs but not to baseball players?

In fairness to both Taibbi and Sen. Levin and his investigators, there appears to be ample proof on the record that Goldman as a corporation and its individual officers committed a multitude of crimes — enough that any sane state would give Goldman the death penalty and lock the officers up for the rest of their natural lives. But those are, to a greater or lesser degree, complicated charges, challenging to prove. Lying to Congress? No-brainer.

They got Al Capone not for murder but for tax evasion. Lloyd Blankfein doing five years for lying to Congress wouldn’t be justice, but it would be a start.

One other question, perhaps more difficult: Why is it that you, I, Carl Levin and some scruffy reporter for Rolling Stone can see this but the Attorney General of the United States cannot? Are we just smarter, or what?

UPDATE: Apparently we’re smarter than the Attorney General on the John Ensign case, too.

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Friday, May 29, 2009 9:43 pm

Another torture roundup

Filed under: I want my country back. — Lex @ 9:43 pm
Tags: , , ,

President Obama recently changed his mind and decided he wouldn’t publicly release photos of abuse of detainees held by the U.S. He gave two bluntly contradictory reasons: 1) that they were just more of the same; and yet 2) they might inflame people in Iraq/Afghanistan against our troops.

Well, here’s what Britain’s Telegraph is reporting:

Photographs of alleged prisoner abuse which Barack Obama is attempting to censor include images of apparent rape and sexual abuse, it has emerged.

At least one picture shows an American soldier apparently raping a female prisoner while another is said to show a male translator raping a male detainee.

Further photographs are said to depict sexual assaults on prisoners with objects including a truncheon, wire and a phosphorescent tube.

Another apparently shows a female prisoner having her clothing forcibly removed to expose her breasts.

Detail of the content emerged from Major General Antonio Taguba, the former army officer who conducted an inquiry into the Abu Ghraib jail in Iraq.

Allegations of rape and abuse were included in his 2004 report but the fact there were photographs was never revealed. He has now confirmed their existence in an interview with the Daily Telegraph.

The graphic nature of some of the images may explain the US President’s attempts to block the release of an estimated 2,000 photographs from prisons in Iraq and Afghanistan despite an earlier promise to allow them to be published.

Maj Gen Taguba, who retired in January 2007, said he supported the President’s decision, adding: “These pictures show torture, abuse, rape and every indecency.”

If Taguba is telling the truth, then that’s not exactly “more of the same.”

Here’s the thing: Those pictures are going to be made public whether the president wants them to be or not. An appeals court already has ordered the administration to turn them over to the American Civil Liberties Union, which sued for them, on the grounds that there’s no legal basis for withholding them. And there really isn’t; only the grossest judicial activism will keep the Supremes from upholding the appeals court, if they even hear the government’s appeal at all. Better that the administration release them now and get out ahead of the story.

Unfortunately, that’ll be a little difficult inasmuch as Obama has said that everyone involved in the activities depicted in the photos already has been investigated and prosecuted. We’ve seen no evidence that that is true.

Also recently, former vice president Dick Cheney insisted in a speech that the CIA has documents that, if released, would show that interrogation techniques he approved 1) were not torture and 2) saved many innocent lives. (Ex-president Bush said pretty much the same thing in a speech Thursday night.) Now, U.S. Sen. Carl Levin, D-Mich., is calling Cheney a liar, saying that Cheney “bore false witness.”:

“I do so as Chairman of the Senate Armed Services Committee, which recently completed an 18-month investigation into the abuse of detainees in U.S. custody, and produced a 200-page bipartisan report, which gives the lie to Mr. Cheney’s claims,” said Levin [Thursday night]. “I do so because if the abusive interrogation techniques that he champions, the face of which were the pictures of abuse at Abu Ghraib, if they are once more seen as representative of America, our security will be severely set back.” …

Regarding Cheney’s claim that classified documents will prove his case — documents that Levin himself is also privy to — Levin said: “But those classified documents say nothing about the numbers of lives saved, nor do the documents connect acquisition of valuable intelligence to the use of abusive techniques. I hope that the documents are declassified, so that people can judge for themselves what is fact, and what is fiction.”

Hey, Cheney could be telling the truth. We won’t know until the documents are released. Let’s do it.

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