organization:judiciary committee

  • Thousands of Immigrant Children Said They Were Sexually Abused in U.S. Detention Centers, Report Says

    The federal government received more than 4,500 complaints in four years about the sexual abuse of immigrant children who were being held at government-funded detention facilities, including an increase in complaints while the Trump administration’s policy of separating migrant families at the border was in place, the Justice Department revealed this week.

    The records, which involve children who had entered the country alone or had been separated from their parents, detailed allegations that adult staff members had harassed and assaulted children, including fondling and kissing minors, watching them as they showered, and raping them. They also included cases of suspected abuse of children by other minors.

    From October 2014 to July 2018, the Office of Refugee Resettlement, a part of the Health and Human Services Department that cares for so-called unaccompanied minors, received a total of 4,556 allegations of sexual abuse or sexual harassment, 1,303 of which were referred to the Justice Department. Of those 1,303 cases deemed the most serious, 178 were accusations that adult staff members had sexually assaulted immigrant children, while the rest were allegations of minors assaulting other minors, the report said.

    “The safety of minors is our top concern when administering the UAC program,” Jonathan H. Hayes, the acting director of the Office of Refugee Resettlement, said in a statement, using an abbreviation for unaccompanied children. “None of the allegations involved O.R.R. federal staff. These allegations were all fully investigated and remedial action was taken where appropriate.”

    [Read the latest edition of Crossing the Border, a limited-run newsletter about life where the United States and Mexico meet. Sign up here to receive the next issue in your inbox.]

    The records do not detail the outcome of every complaint, but they indicate that some accusations were determined to be unfounded or lacking enough evidence to prosecute. In one case, a staff member at a Chicago detention facility was accused in April 2015 of fondling and kissing a child and was later charged with a crime. The report did not state whether that person had been found guilty.

    The documents, first reported by Axios, were made public by Representative Ted Deutch, Democrat of Florida, the night before a House Judiciary Committee hearing on Tuesday about the Trump administration’s policy of family separations at the southern border. That policy, which was put in place last spring, resulted in more than 2,700 children being separated from their parents under President Trump’s “zero tolerance” policy of prosecuting anyone caught crossing the border illegally, including those with families seeking asylum on humanitarian grounds.

    For most of the four years covered by the report, the number of allegations made to the Office of Refugee Resettlement stayed about the same from month to month. But the number of complaints rose after the Trump administration enacted its separation policy. From March 2018 to July 2018, the agency received 859 complaints, the largest number of reports during any five-month span in the previous four years. Of those, 342 allegations were referred to the Justice Department, the report showed.

    During the hearing on Tuesday, a discussion of the records sparked a heated exchange between Mr. Deutch and Cmdr. Jonathan White of the United States Public Health Service Commissioned Corps, who last year repeatedly warned a top official in Health and Human Services that the family separation policy could permanently traumatize young children.
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    As Mr. Deutch read some of the report, Commander White interjected, “That is false!”

    He later apologized, claiming that a “vast majority of allegations proved to be unfounded.” He said he was unaware of any accusations against staff members that were found to have merit.

    https://www.nytimes.com/2019/02/27/us/immigrant-children-sexual-abuse.html
    #viol #viols #abus_sexuels #USA #Etats-Unis #rétention #détention_administrative #enfants #enfance #rapport #migrations #asile #réfugiés

    L’article date de février 2019

  • Snowden Joins Calls For Google To End Censored Chinese Search Project
    https://www.dailydot.com/debug/snowden-google-censored-china

    Mikael Thalen— Dec 11 2018 - Former NSA contractor Edward Snowden has joined numerous human rights groups in condemning Google over its plan to launch a censored search engine in China.

    In an open letter published Monday, Snowden and more than 60 organizations including Amnesty International, the Electronic Frontier Foundation, and Human Rights Watch, called on the tech giant to cease its work on the secretive “Dragonfly” project.

    “Facilitating Chinese authorities’ access to personal data, as described in media reports, would be particularly reckless,” the letter states. “If such features were launched, there is a real risk that Google would directly assist the Chinese government in arresting or imprisoning people simply for expressing their views online, making the company complicit in human rights violations.”

    First revealed last August by the Intercept, the search app, made in an attempt by Google to re-enter the Chinese market, would not only surveil users but blacklist results for search queries such as “student protest” and “Nobel Prize” at the behest of Beijing.

    “New details leaked to the media strongly suggest that if Google launches such a product it would facilitate repressive state censorship, surveillance, and other violations affecting nearly a billion people in China,” the letter adds.

    Describing the project as “reckless,” the letter also warns that deploying Dragonfly would likely “set a terrible precedent for human rights and press freedoms worldwide.”

    Monday’s statement comes just weeks after more than 600 Google employees signed a similar letter demanding the company cancel Dragonfly’s development.

    Google CEO Sundar Pichai, who was confronted about Dragonfly during testimony in front of the House Judiciary Committee Monday, has repeatedly alleged that there are no plans “right now” to launch the project.

    A leaked meeting transcript from July, however, revealed Google’s search chief Ben Gomes had said the company intended to launch Dragonfly somewhere between January and April of 2019.

    #Chine #surveillance #Google

  • Innovate Don’t Regulate: The Message of George #gilder’s Life After #google
    https://hackernoon.com/innovate-dont-regulate-the-message-of-george-gilder-s-life-after-google-

    Big Shot Republicans are besieging companies like Google and Facebook. This most recently was evidenced by the grilling in the House Judiciary Committee of Sundar Pichai, Google’s CEO.As Wired Magazine — a shrewd source of sophisticated tech thinking — observed:“Pichai began his testimony by insisting that he leads Google ‘without political bias.’“We are a company that provides platforms for diverse perspectives and opinions — and we have no shortage of them among our own employees,” the soft-spoken CEO said in his opening remarks.“But that didn’t stop lawmakers from bombarding him with anecdotes that suggested otherwise. Why is it, wondered Rep. Steve Chabot (R-OH), that when he Googled the Republicans’ proposed healthcare bill in 2017, only negative stories popped up? Rep. Steve King (R-IA) asked (...)

    #blockchain #blockstack #big-data

  • Google CEO Hammered by Members of Congress on China Censorship Plan
    https://theintercept.com/2018/12/11/google-congressional-hearing

    Google CEO Sundar Pichai came under fire from lawmakers on Tuesday over the company’s secretive plan to launch a censored search engine in China. During a hearing held by the House Judiciary Committee, Pichai faced sustained questions over the China plan, known as Dragonfly, which would blacklist broad categories of information about democracy, human rights, and peaceful protest. The hearing began with an opening statement from Rep. Kevin McCarthy, R-Calif., who said launching a censored (...)

    #Google #GoogleSearch #algorithme #Dragonfly #censure #surveillance #web

  • Nouvelles accusations contre Cambridge Analytica et l’ingérence russe dans la campagne américaine
    http://www.lemonde.fr/pixels/article/2018/05/17/nouvelles-accusations-contre-cambridge-analytica_5300270_4408996.html

    Le lanceur d’alerte Christopher Wylie a fourni au comité judiciaire du Sénat des Etats-Unis de nouveaux documents. Christopher Wylie, le lanceur d’alerte qui a contribué à créer la société d’analyse de données britannique Cambridge Analytica (CA) avant de dénoncer ses dérives et de plonger Facebook dans la tourmente, était entendu, mercredi 16 mai, par le comité judiciaire du Sénat des Etats-Unis (Senate Judiciary Committee) dans le cadre d’une audition intitulée « Cambridge Analytica et le futur de (...)

    #CambridgeAnalytica #Facebook #algorithme #thisisyourdigitallife #élections #manipulation #données #BigData #électeurs (...)

    ##profiling

  • USA Are Foreign-Influenced Social Media Campaigns Part of the New Political Playbook? - Pacific Standard
    https://psmag.com/news/are-foreign-influenced-social-media-campaigns-part-of-the-new-political-playb

    On the first day of November of 2017, the Senate Judiciary Committee grilled contrite representatives from Facebook, Twitter, and Google about their companies’ roles in the Russian meddling during the 2016 presidential election. The senators spent nearly three hours chastising the social media platforms for their dereliction. In between the grandstanding, the senators expressed genuine concern about how foreign nations used these platforms, and whether media companies would be able to stop the next country from copying the Russian scheme. But even as lawmakers reflect on the Russian interference, new foreign influence campaigns are already underway.

    This time, rather than trying to choose a president, the campaigns sought to affect President Donald Trump and America’s reaction to the Qatar diplomatic crisis, which began on June 5th, when Saudi Arabia, the United Arab Emirates, Bahrain, and Egypt cut diplomatic ties with Qatar and established an air, sea, and land blockade around the country.

  • Here’s How Web Service Cloudflare Helps Serve up Hate on the Internet That Fuels Real-Life Killings | Alternet
    http://www.alternet.org/media/heres-how-web-service-cloudflare-helps-serve-hate-internet-fuels-real-life

    The operations of such extreme sites are made possible, in part, by an otherwise very mainstream internet company — Cloudflare. Based in San Francisco, Cloudflare operates more than 100 data centers spread across the world, serving as a sort of middleman for websites — speeding up delivery of a site’s content and protecting it from several kinds of attacks. Cloudflare says that some 10 percent of web requests flow through its network, and the company’s mainstream clients range from the FBI to the dating site OKCupid.

    The widespread use of Cloudflare’s services by racist groups is not an accident. Cloudflare has said it is not in the business of censoring websites and will not deny its services to even the most offensive purveyors of hate.

    “A website is speech. It is not a bomb,” Cloudflare’s CEO Matthew Prince wrote in a 2013 blog post defending his company’s stance. “There is no imminent danger it creates and no provider has an affirmative obligation to monitor and make determinations about the theoretically harmful nature of speech a site may contain.”

    In testimony Tuesday before the Senate Judiciary Committee, Chief Will D. Johnson, chair of the International Association of Chiefs of Police Human and Civil Rights Committee, highlighted the reach and threat of hate on the Internet.

    “The internet provides extremists with an unprecedented ability to spread hate and recruit followers,” he said. “Individual racists and organized hate groups now have the power to reach a global audience of millions and to communicate among like-minded individuals easily, inexpensively, and anonymously.

    “Although hate speech is offensive and hurtful, the First Amendment usually protects such expression,” Johnson said. “However, there is a growing trend to use the Internet to intimidate and harass individuals on the basis of their race, religion, sexual orientation, gender, gender identity, disability, or national origin.”

    Anglin appears quite comfortable with his arrangement with Cloudflare. It doesn’t cost him much either — just $200 a month, according to public posts on the site.

    “[A]ny complaints filed against the site go to Cloudflare, and Cloudflare then sends me an email telling me someone said I was doing something bad and that it is my responsibility to figure out if I am doing that,” he wrote in a 2015 post on his site. “Cloudflare does not regulate content, so it is meaningless.”

    Representatives from Rackspace and GoDaddy, two popular web hosts, said they try to regulate the kinds of sites on their services. For Rackspace, that means drawing the line at hosting white supremacist content or hate speech. For GoDaddy, that means not hosting the sort of abusive publication of personal information that Anglin frequently engages in.

    A former Cloudflare employee, Ryan Lackey, said in an interview that while he doesn’t condone a lot of what Auernheimer does, he did on occasion give technical advice as a friend and helped some of the Stormer’s issues get resolved.

    “I am hardcore libertarian/classical liberal about free speech — something like Daily Stormer has every right to publish, and it is better for everyone if all ideas are out on the internet to do battle in that sphere,” he said.

    Vick at the ADL agrees that Anglin has a right to publish, but said people have the right to hold to task the Internet companies that enable him.

    #idéologie_californienne #cyberlibertarianisme

  • With No Warning, House Republicans Vote to Gut Independent Ethics Office - The New York Times
    http://www.nytimes.com/2017/01/02/us/politics/with-no-warning-house-republicans-vote-to-hobble-independent-ethics-office.

    House Republicans, overriding their top leaders, voted on Monday to significantly curtail the power of an independent ethics office set up in 2008 in the aftermath of corruption scandals that sent three members of Congress to jail.

    The move to effectively kill the Office of Congressional Ethics was not made public until late Monday, when Representative Robert W. Goodlatte, Republican of Virginia and chairman of the House Judiciary Committee, announced that the House Republican Conference had approved the change. There was no advance notice or debate on the measure.

    The surprising vote came on the eve of the start of a new session of Congress, where emboldened Republicans are ready to push an ambitious agenda on everything from health care to infrastructure, issues that will be the subject of intense lobbying from corporate interests. The House Republicans’ move would take away both power and independence from an investigative body, and give lawmakers more control over internal inquiries.

    It also came on the eve of a historic shift in power in Washington, where Republicans control both houses of Congress and where a wealthy businessman with myriad potential conflicts of interest is preparing to move into the White House.

    • … et le contre-ordre 24 heures après.

      House Republicans Back Down on Bid to Gut Ethics Office - The New York Times
      http://www.nytimes.com/2017/01/03/us/politics/trump-house-ethics-office.html

      House Republicans, facing a storm of bipartisan criticism, including from President-elect Donald J. Trump, moved early Tuesday afternoon to reverse their plan to kill the Office of Congressional Ethics. It was an embarrassing turnabout on the first day of business for the new Congress, a day when party leaders were hoping for a show of force to reverse policies of the Obama administration.

      The reversal came less than 24 hours after House Republicans, meeting in a secret session, voted, over the objections of Speaker Paul D. Ryan, to eliminate the independent ethics office. It was created in 2008 in the aftermath of a series of scandals involving House lawmakers, including three who were sent to jail.

      Mr. Trump criticized House Republicans on Tuesday for their move to gut the office, saying they should focus instead on domestic policy priorities such as health care and a tax overhaul.

    • Résumé : ça démarre fort.

      États-Unis : rentrée politique agitée pour le Congrès américain - France 24
      http://www.france24.com/fr/20170104-etats-unis-usa-majorite-republicaine-congres-retropedalage-ethiqu

      Le Congrès américain issu des élections du 8 novembre a vécu mardi une première séance agitée après un tweet critique du président élu Donald Trump, dénonçant une décision prise en catimini par les élus républicains au sujet d’une réforme éthique.

      Réforme « controversée », n’insistons donc pas trop pour rappeler que le premier souci d’une bonne partie des représentants du peuple est de supprimer l’un des freins à la corruption de ces mêmes représentants.

  • سيناتور أمريكي يفتح النار على السعودية ويتهمها بمساعدة إسرائيل لاغتيال الحريري ونشر وتعزيز الإرهاب في الولايات المتحدة وأوروبا | رأي اليوم
    http://www.raialyoum.com/?p=544873

    J’aimerais bien vérifier, mais je n’y arrive pas (c’est dans un entretien à Politico mais je n’ai rien trouvé). Dans cet article, il est dit que le sénateur de l’Ohio, Chuck Grassley, accuse nommément l’Arabie saoudite, et Israël en prime, d’avoir fomenté l’assassinat de Rafik Hariri, rien que cela !

    L’hypothèse avait été évoquée, mais uniquement par d’odieux sites complotistes. Le sénateur parle de « preuves »...

    • New evidence for condemning Saudi Arabia in favor of 9/11 bill (edit: hoax, voir ci-après)
      http://www.policito.com/2016/10/chuck-grassley-I-have-new-evidence-supporting-9-11-bill

      While top Obama administration officials are still trying to exert last-minute pressure on lawmakers to help sustain Obama’s veto of legislation that would allow families of the victims of the Sept. 11, 2001 attacks to sue Saudi Arabia, yesterday on October 16, 2016, Chuck Grassley the chairman of the Senate judiciary committee and the senior United States Senator from Iowa, in an interview with POLITICO voiced Senate serious support for 9/11 bill. He stated that some newly obtained documents showed that the assassination of Rafic Hariri, the former Lebanon Prime Minister which was carried out by Israel and the help of Saudi Arabia.

      “In the Congress, some definite evidence proposed by a retired pentagon member proving Saudi Arabia’s direct role in other terrorist operations including Rafic Hariri’s assassination. I’ll firmly back the legislation” , Grassley said.

    • Je trouve ça très bizarre : il aurait balancé un truc aussi énorme comme ça, « en passant », dans une interview sur un autre sujet (le 11 Septembre). En accusant d’ailleurs Israël d’un attentat terroriste alors que le sujet initial est l’Arabie séoudite…

      Je m’attends à une rétractation (« le journaliste m’a mal compris »)…

      (D’ailleurs, en dehors de Rai al Youm et, apparemment, un site iranien, rigoureusement aucune mention nulle part.)

    • @souriyam sur Twitter me signale que l’auteur supposée de cet article a twitté qu’elle n’en était pas l’auteur : en fait, bien regarder l’URL, c’est un faux site (policito.com au lieu de politico.com). D’ailleurs le site vient de lâcher à l’instant, en dépassant les limites de son hébergement gratuit.

  • Mississippi Lawmakers on Brink of Passing Georgia-Style Anti-LGBT ’Religious Freedom’ Bill - The New Civil Rights Movement
    http://www.thenewcivilrightsmovement.com/is_mississippi_about_to_join_north_carolina_by_passing_a_

    According to Protect Thy Neighbor, a project of Americans United for Separation of Church and State, here are a few other potential consequences of HB 1523:

    a government clerk could refuse to issue a marriage license to a couple because one person had been previously divorced;
    a taxpayer-funded adoption agency could refuse to place a child with a happy and loving family because the parents lived together before they were married;
    a taxpayer-funded organization that provides shelter to kids who have suffered child abuse could turn away a pregnant teenager;
    a counseling group practice could refuse to see a mother and her teen who is experiencing severe depression because the woman is unmarried;
    a counselor could refuse to help an LGBT person who called a suicide hotline;
    a fertility clinic could refuse to treat a veteran and his partner because they are not married;
    a car rental agency could refuse to rent a car to a same-sex couple on their honeymoon; and
    a corporation could fire a woman for wearing pants.

    After the bill cleared the Senate Judiciary Committee last week, the Human Rights Campaign noted that it would also allow foster parents to subject LGBT children to “conversion therapy,” in addition to legalizing “Kim Davis-like discrimination” on the part of government employees.

    HB 1523 passed the House 80-39, and today is the last day for the Senate to take it up.

    http://www.thenewcivilrightsmovement.com/tags/North_Carolina

  • Sen. Al Franken: Comcast-Time Warner merger “would be bad for consumers”
    http://www.filmsforaction.org/watch/sen-al-franken-comcasttime-warner-merger-would-be-bad-for-consumers

    Sen. Al Franken, D-Minn., sits on the Senate Judiciary Committee that will hold hearings on the proposed merger by Comcast and Time Warner Cable. Franken discusses the problems with the proposed...

  • U.S. intelligence objects to visa waiver for Israelis

    http://www.haaretz.com/news/diplomacy-defense/1.586303

    Allowing entry to Israelis without visa would make it easier for Israeli spies, the House Judiciary Committee was warned, according to a report in Roll Call.

    Haaretz, By Barak Ravid | Apr. 19, 2014 |

    Officials in the United States intelligence community are opposing the admission of Israel to the Visa Waver program – aimed at easing the entry of foreigners to the country – for fear that it would facilitate espionage, according to Roll Call, an online news source that covers the U.S. Congress. The Visa Waver program, which already includes 38 countries, would allow Israelis to visit the U.S. for up to 90 days without a visa.

    Congress members and staffers in the House Judiciary Committee expressed concerns that admitting Israel to the program would make it easier for Israeli spies to enter the U.S., according to the report in Roll Call, which was based on interviews with lawmakers and staffers who took part in a classified committee briefing several weeks ago. The context of the briefing was the attempt by several congressmen and senators to promote legislation that would admit Israel into the program.

  • NSA director admits to misleading public on terror plots
    http://www.salon.com/2013/10/02/nsa_director_admits_to_misleading_public_on_terror_plots

    À la question de savoir s’il avait volontairement gonflé le chiffre du nombre d’attentats avortés grâce au programme de surveillance, le patron de la #NSA répond tranquillement « oui. »

    During Wednesday’s hearing, Senate Judiciary Committee Chairman Patrick Leahy pushed Alexander to admit that plot numbers had been fudged in a revealing interchange:

    “There is no evidence that [bulk] phone records collection helped to thwart dozens or even several terrorist plots,” said Leahy. The Vermont Democrat then asked the NSA chief to admit that only 13 out of a previously cited 54 cases of foiled plots were genuinely the fruits of the government’s vast dragnet surveillance systems:

    “These weren’t all plots, and they weren’t all foiled,” Leahy said, asking Alexander, “Would you agree with that, yes or no?”

    “Yes,” replied Alexander.

    • La NSA admet avoir exagéré la menace terroriste pour justifier la surveillance
      http://www.numerama.com/magazine/27146-la-nsa-admet-avoir-exagere-la-menace-terroriste-pour-justifier-la-su

      L’échange entre Patrick Leahy et Keith Alexander a été retranscrit par Salon. « Il n’existe aucune preuve que la captation massive des données téléphoniques a permis de déjouer des dizaines de complots terroristes », a d’abord déclaré le président de la commission judiciaire. Selon lui, sur les 54 cas avancés par Washington, seuls 13 auraient effectivement été contrés via la surveillance de masse.

      « Tous [ces cas] n’étaient pas des complots et tous n’ont pas été neutralisés », a lancé Patrick Leahy à l’attention de Keith Alexander. « Êtes-vous d’accord avec ça, oui ou non ? » lui a-t-il demandé. « - Oui », a répondu le général. Cela, en supposant que les 13 cas restants n’ont pas impliqué d’autres sources de renseignement (renseignement humain, analyse, etc).

    • Fact: the NSA gets negligible intel from Americans’ metadata. So end collection
      http://warincontext.org/2013/10/08/fact-the-nsa-gets-negligible-intel-from-americans-metadata-so-end-coll

      http://www.theguardian.com/commentisfree/2013/oct/08/nsa-bulk-metadata-surveillance-intelligence

      Leahy then demanded that Alexander confirm what his deputy, Christopher Inglis, had said in the prior week’s testimony: that there is only one example where collection of bulk data is what stopped a terrorist activity. Alexander responded that Inglis might have said two, not one.

      In fact, what Inglis had said the week before was that there was one case “that comes close to a but-for example and that’s the case of Basaaly Moalin“. So, who is Moalin, on whose fate the NSA places the entire burden of justifying its metadata collection program? Did his capture foil a second 9/11?

      A cabby from San Diego, Moalin had immigrated as a teenager from Somalia. In February, he was convicted of providing material assistance to a terrorist organization: he had transferred $8,500 to al-Shabaab in Somalia.

  • NSA deputy director admits to broader spying - World Socialist Web Site

    http://www.wsws.org/en/articles/2013/07/18/nsat-j18.html

    NSA deputy director admits to broader spying
    By Eric London and Joseph Kishore
    18 July 2013

    At a hearing before the House Judiciary Committee yesterday, Deputy Director of the National Security Agency John Inglis admitted that the depth of the NSA surveillance program goes far beyond what the government had previously admitted.

    #nsa #prism #espionnage #contrôle #surveillance

  • FBI director acknowledges domestic drone use - CBS News
    http://www.cbsnews.com/8301-250_162-57590065/fbi-director-acknowledges-domestic-drone-use

    FBI Director Robert Mueller acknowledged that the bureau uses unmanned drones for surveillance on U.S. soil during testimony before the Senate Judiciary Committee on Wednesday, adding that such drone use is done in a “very, very minimal way, and very seldom.”

    ...

    At Wednesday’s hearing, Grassley asked Mueller whether the bureau has developed a set of policies and procedures establishing the “operational limits” of its drone use on American soil.

    Mueller responded, “We are in the initial stages of doing that, and I will tell you that our footprint is very small.”

    “We have very few, and of limited use,” he added, “and are exploring not only the use, but the necessary guidelines for that use.”

  • Switching Wireless Carriers Shouldn’t Be a Crime - NYTimes.com
    http://www.nytimes.com/2013/06/06/opinion/switching-wireless-carriers-shouldnt-be-a-crime.html?nl=todaysheadlines&emc

    WASHINGTON — THE House Judiciary Committee will hold a much-needed hearing today on cellphone unlocking. At stake is whether wireless consumers can be prosecuted for what, not long ago, was considered a routine practice.

    #consommation #marketing

  • Immigration Overhaul Wins Panel’s Backing in the Senate - NYTimes.com

    http://www.nytimes.com/2013/05/22/us/politics/leahy-voices-optimism-as-panel-continues-work-on-immigration-bill.html?nl=t

    WASHINGTON — The Senate Judiciary Committee on Tuesday approved a broad overhaul of the nation’s immigration laws on a bipartisan vote, sending the most significant immigration policy changes in decades to the full Senate, where the debate is expected to begin next month.

    #etats-unis #migrations #asile

  • Too-Big-to-Fail Banks Limit Prosecutor Options, Holder Says - Bloomberg
    http://www.bloomberg.com/news/2013-03-06/too-big-to-fail-banks-limit-prosecutor-options-holder-testifies.html

    The size of the largest financial institutions has made it difficult for the U.S. Justice Department to bring criminal charges when there’s wrongdoing, Attorney General Eric Holder said.

    Criminal charges against a bank — something that could threaten its existence — may also endanger the national or global economies in the case of the largest ones, because of their size and interconnectedness. That has “made it difficult for us to prosecute” some of those institutions, Holder said today at a Senate Judiciary Committee hearing.

    Dean Baker: Big Bank Immunity: When Do We Crack Down on Wall Street?
    http://www.cepr.net/index.php/op-eds-&-columns/op-eds-&-columns/big-bank-immunity-when-do-we-crack-down-on-wall-street

    First off, we should not assume that just because the Justice Department says it is concerned about financial instability that this is the real reason that they are not prosecuting a big bank. There is precedent for being less than honest about such issues.

    When Enron was about to collapse in 2002 as its illegal dealings became public, former Treasury Secretary Robert Rubin, who was at the time a top Citigroup executive, called a former aide at Treasury. He asked him to intervene with the bond rating agencies to get them to delay downgrading Enron’s debt. Citigroup owned several hundred million dollars in Enron debt at the time. If Rubin had gotten this delay Citigroup would have been able to dump much of this debt on suckers before the price collapsed.

    The Treasury official refused. When the matter became public, Robert Rubin claimed that he was concerned about instability in financial markets.

    It is entirely possible that the reluctance to prosecute big banks represents the same sort of fear of financial instability as motivated Robert Rubin. In other words, it is a pretext that the Justice Department is using to justify its failure to prosecute powerful friends on Wall Street. In Washington this possibility can never be ruled out.