If you don’t do anything else today, read this article about the legal underpinnings of the Chauvin trial.
TUESDAY 2 MARCH 2021
Justice under Capitalism
Those relying on the U.S. justice system to hold the Trump administration accountable for the crime spree that was the past four years, need to consider the record of the Justice Department in prosecuting corporate and white collar criminals. Let’s just start with one case.
In January of 2021, the Justice Department allowed Boeing to resolve a criminal charge “related to a conspiracy to defraud” the government in connection with the FAA’s evaluation of Boeing’s 737 MAX airplane.
Boeing needed FAA approval for the planes and FAA was charged with developing safety protocols for them. Employees of Boeing, however, placing “profit over candor” deceived the government by withholding important information from the regulatory agency, information which might have delayed approval or necessitated increased training for the use of the planes.
These employees continued to withhold the information and participate in a conspiracy to cover up the withholding, even after the first disastrous crash of the Boeing 737 MAX in 2018.
In 2018, Loin Air Flight 610 crashed near Indonesia. 189 passengers and crew were killed. In March 2019 Ethiopian Airlines Flight 302, crashed near Ejere Ethiopia. All 157 passengers and crew died. In March 2019 the plane involved, the 737 MAX, was officially grounded.
No individuals were charged in the federal criminal information filed against a company, Boeing, and no individuals were punished. Boeing was allowed to buy itself out of prosecution.
The agreement accepted by the Justice Department was a Deferred Prosecution Agreement (DPA), one of many the Department of Justice enters into with corporations every year. According to “The Chikenshit Club” by Jesse Eisinger (one of the most underestimated books in the past decade) from 2002 until the Fall of 2016, the Justice Department entered into 416 such agreements. In the previous 10 years, they had participated in 18.
These DPAs take the place of prosecutions. They are easier for the Justice Department (require less resources and risk of losing), allow the Department to claim victories and tout what appear to be large fines. And, the NPAs are much less painful for the corporation. The fines are usually tiny compared with resources of the corporation, and they rarely involve individuals.
So even though individuals at Boeing made decision after decision to deceive the regulatory agency the public depends on to ensure flying safety, they were not named and not prosecuted. They were allowed to hide behind a NPA that resulted in a fine paid by Boeing.
DPAs are similar to plea bargains. But, unlike plea bargains, they are not lowered charges in exchange for a guilty plea. It is a prosecution that has been deferred, not brought. Boeing has not been prosecuted for a crime, and can claim so. It has been allowed to buy itself out of prosecution.
Every criminal in every court in the country (except the innocent ones) would love to be allowed to pay a small sum in order not to be prosecuted for the crime s/he committed. They are almost never afforded this opportunity.
Ordinary criminal defendants (the poor) are almost always required to plead guilty to a crime in order to secure a more lenient sentence. The poor defendant is subject to the stigma of criminal prosecution, the economic costs. These companies, however, are allowed to negotiate a settlement that doesn’t even include prosecution, or necessarily an admission of guilt.
In this case, Boeing agreed to a settlement, a bribe, in order not to be prosecuted for deceiving the government by withholding crucial information about one of its planes from those charged with developing safety protocols, information that might well have prevented two crashes and the loss of over 400 lives.
Boeing, a company, a legal fiction, is held responsible for its’ employees behavior. Those employees who participated in this conspiracy, knowing that it would endanger lives for profit, are left free to be promoted, or leave the company and get jobs working elsewhere, committing more crimes.
The FAA is one of the agencies administering regulations about how corporations function. Republicans have spent the past forty years fighting against every regulation of industry, starving regulatory agencies of funds, and demonizing them in the eyes of the public they were designed to protect.
When a white collar or corporate criminal is caught, they are allowed to hide behind their “company” and evade responsibility.
If you want to know what Republicans stand for, this is it – free, unfettered, unaccountable fraud against the American people for profit.
Free Speech TV: Economic Update with Richard Wolff, History Lessons on Capitalism’s Failures, 3/2/21.
Department of Justice News: https://www.justice.gov/opa/pr/boeing-charged-737-max-fraud-conspiracy-and-agrees-pay-over-25-billion
Mother Jones several background articles
The Chickenshit Club by Jesse Eisinger
Joe Scarborough, both-sideser in chief and head MSNBC misogynist is at it again this morning joined by his usual kiss ass crew. He got in a little trouble yesterday by repeatedly asking guests whether it was necessary to impeach Trump. The dreadful Mika told him to stop and he responded like the petulant bully he is, by berating her and trying to embarrass her on national television.
This morning, he and Peter Baker are trying to figure out how “we” can work with the Republicans like James Langford, who have suddenly had an attack of conscience over trying to overthrow an election.
But, for Scarborough and Baker, that’s just a minor blip. Sedition? Just apologize and Scarborough will find a way to launder your reputation (if you are a Repubican).
Baker’s contribution to this was to lament the fact that, in his words, both sides have decided to go back into their partisan corners. Equal corners, right? One side is providing the rationale for sedition and the other is trying to restore democracy, but they are both equally to blame.
On to other matters.
On Ari Melber’s MSNBC show last night, Eugene Robinson (Mr. Mild Manners himself) said that the Republicans created this division and now they are buying body armor.
AOC was evidently so afraid when the attack was going on, she was fearful of going into a safe room with Republicans. She thought they might lead the attackers to her. It was not an unreasonable suspicion since one of the members of the House was texting out the location of Nancy Pelosi.
Lindsey Graham characterized the impeachment proceedings as “sheer hatred.” I can’t wait to find out why Graham did a 180 turn to support Trump. Maybe if Trump gets more and more frustrated, he will start to spill the dirt.
Rep Madeleine Dean, who will be one of the impeachment managers said “Lindsay Graham knows better.” “You too” she said referring to Graham, “are complicit…”
Trump evidently brought Bannon back into the sedition circle. Roger Stone was the one who came up with the “Stop the Steal” rallying cry.
Tony Schwartz is saying that Trump is now moving “between rage and delusion.” And that Trump has unleashed forces that we may well see become more powerful in the future.
Peter Strzok, former FBI, expressed “frustration and anger” at the lack of preparedness at the Capitol. If you look at other events, Strzok argued: “The government can secure the capitol when it wants to and that didn’t happen here.” Strzok said that the tour groups that evidently went through the Capitol the day before the assault needed to be “looked into.”
Elizabeth Newmann, former Assistant Secretary for Threat Presentation and Security Policy at DHS, explained that the Terrorist Watch List is a separate list from the No Fly List and is broader, larger. She says it includes “suspected white supremacists.” But, she also said, this list functions more as an alert system than a surveillance system. If, for example, someone got arrested, law enforcement could run the name and the person would show up as on this Terrorist Watch List. But, there is no ongoing surveillance on these people. So, they could all decide to go to Washington at the same time and go and there would be no automatic alert because of this list.
Last night, Rachael Maddow was commenting on the absurdity of having people on this list, but not knowing that they were all converging on the same problematic location. The only way law enforcement could know this is if these people were under constant surveillance and I’m not sure that’s what we want.
A number of people are already pointing out on Twitter and in articles that this siege of the Capitol may well end up working to the disadvantage of legitimate protest. As always, it’s easy to argue for more surveillance of individuals when they are opposed to you politically. But, these same surveillance measures can be turned quickly against legitimate protest.
I heard no discussion yesterday of the way in which a person might be put on this Terrorist Watch List. Once on this list, are you ever taken off? What surveillance measures can the government take after you are put on this list? These are questions we need to answer.
Newman, after explaining the list, went on to say that there was “no excuse for the lack of preparation” at the capitol. She pointed out that that the Executive Branch, while reluctant to tell another branch of government what to do, has a “duty to warn” of dangerous situations. They, for example, should have issued a “Joint Intelligence Bulletin.” They did not. “They knew that violence was planned” Newman continued. “You always assume the worst, prepare for the worst…”
Petef Strzok expressed disappointment that we had not heard from Director Wray. He wondered whether the FBI attempted to warn other agencies but was prevented from doing so. Strzok didn’t say by whom.
Anna Palmer noted that since the COVID outbreak, the Capitol had been like a “ghosttown.” She noted the extensive security measures for even going into the Capitol as a reporter. “It’s been months since people were even around” she noted. These tours were highly unusual.
Biden has named Jamaal Bowman head of the DNC. It has not escaped notice that Bowman is against Medicare For All.
And, lastly, in Georgia…
I had an interesting exchange with a friend on Facebook. He commented that when the FBI asked all these low-level attackers who are being arrested if they had any coordination or contact with Congressmen or Trump, they would flip and implicate them.
I responded: True, if the FBI agents ask them.
Now, as usual, he took exception to this. Most people, especially those who have worked around law enforcement accept a law enforcement ethos. They resist any aspersions on the integrity of the force, even confronted with daily evidence to the contrary.
He responded in a curious way. First he said that I shouldn’t paint all agents with a “broad brush.” Seemed to me that he was painting them with a broad brush, just assuming that the FBI would be trying to turn offenders on higher ups. Why this assumption is made, I don’t know.
We have just witnessed years of the most curious behavior on the part of the FBI and the Justice Department in recent memory. Why did James Comey make public the absurd reopening of the investigation of Hillary Clinton right before the 2016 election? Why did he within the past few days argue publicly that Biden should pardon Trump? What was going on in the New York City office of the FBI in 2016 that almost lead to a work stoppage? These are just a few threads that need to be followed up here. In addition, why was the Justice Department so easily compromised by Jeff Sessions and then Bill Barr? Why was the Mueller investigation so limited as to make it meaningless?
I’m sorry, but I just don’t think we can assume that all those FBI agents out there are crusaders for justice especially when it comes to investigating people at the top of the food chain. (See Jesse Eisinger’s “The Chickenshit Club.)
Then, my friend said that the last time he talked to me I was (overly) concerned “dismayed” with voter suppression in Georgia, and Georgia had become the beacon of election security. Georgia, he said had become the “honest election state that is saving democracy. What truly happened?”
Now, I have no idea what this last paragraph has to do with FBI agents working overtime to get dirt on powerful Congressmen, but there you are.
I find the statement amazing. I fully realize that the media, prone as they are to simplistic narratives, is trying to make heroes out of Raffensperger, Sterling and Kemp, but anybody who reads should know that Georgia is far from a beacon of hope.
Brian Kemp’s government spent a fortune on a fancy new voting machine system. And they conducted a propaganda operation by replacing all the “I voted” material with “I secured my Vote.” It was all a propaganda operation. I did poll worker training in Georgia before the general and I left at lunch and didn’t go back. It was obvious to me then that the new system was unwieldy and full of holes. The measures taken to “secure the vote” were geared toward security threats in the 19th century. Nobody could answer questions about hacking into the system.
Even though the media has touted “paper ballots” as an indication of transparency, in Georgia, they are not really “paper ballots.”
The ballots are marked by a machine. Then, the voter gets a sheet of paper which has his choices printed on it. The voter is supposed to check these choices to make sure they are right. But, the scanners that count the votes do not even register the words printed on the ballot. They count a bar code at the bottom of the ballot. The voter cannot read the bar code. The poll workers cannot read the bar code. I don’t think anybody outside of the Voting Machine company can read the bar codes. It’s protected by law. What kind of state of affairs is that?
Before the general election, Brian Kemp’s government made a decision that any recount in Georgia would be done by simply feeding the same ballots (with the same bar codes) through the scanners again.
In short, Georgia spent a fortune on a voting system that is impenetrable. They regularly send out “experts” who claim that the system cannot be hacked. But, Jennifer Cohn, Jonathan Simon and the Coalition for Good Governance have repeatedly offered evidence that at best, we don’t know this.
In addition, Kemp is the king of voter suppression. That’s how he won a race against Stacey Abrams for governor. Raffensperger and Sterling were in the voter suppression game up to their eye balls. Kemp, Raffensperger and Sterling are like the guys who are willing to drive the getaway car, but not willing to go into the liquor store with the gun.
Just in case you hadn’t heard…Kyle Rittenhouse is out on bail and sitting in a bar drinking and yucking it up with the Proud Boys. Reality Winner has COVID and in still in jail. I know she’s not receiving her mail because I have a box of returned letters.
Podcast of Preet Bharara
Bharara is a former U.S. Attorney.
In this episode, Bharara interviews Rachael Maddow about her book “Bagman.”
Agnew was on the take in Maryland before he was chosen Vice President by Nixon.
Nixon liked Agnew partly because he talked aggressively about race in his speeches and public appearances.
Agnew was essentially getting a cut of every construction contract in Maryland. He wanted to try to establish that relationship with federal contracts.
George HW Bush tried to squelch the investigation into Agnew’s criminal behavior. These Bushes have a lot to answer for. They are a crime family just like the Trumps only better behaved in public and more circumscribed.
When Agnew started to be aware of the fact that he was being seriously investigated, he invented a story that he was the target of assassination plots. He talked publicly about buying a gun to protect himself against government agents.
Agnew engaged in “grievance politics.” He was always the victim being pursued by bad men. After he left office he established a career for himself as an “anti-Semite” for hire.
• At the beginning of the pandemic, because of the total lack of a federal plan to deal with the problem, New York spent $1.1 billion for supplies to deal with the crisis. According to the New York Times (NYT) Both the state and city governments entered into contracts rushing to try to deal with the pandemic. Now they are trying to avoid paying vendors who they say didn’t deliver on time, and making void contracts now that the crisis has abated. The New York Times called the behavior a “frantic buying spree.” But, this buying “spree” was the result of the lack of a federal plan and the decision to allow states to bid against each other for emergency supplies. (See NYT, 12/17/20)
• Several health care workers in Alaska have had severe reactions to the new vaccine. There is no coverage of the idea that rational people may be reluctant to have a vaccine because it was developed under the Trump administration. There are almost weekly stories about the Trump administration’s successful influence over the CDC. The corporate media is filled with stories about how black people and reluctance to get the vaccine. To give you an idea of how in touch these corporate media people are, one commentator noted that black people were reluctant to get the vaccine because of the Tuskeegee “airmen.” (NYT, 12/17/20)
• The Judiciary is time bomb waiting to explode. (NYT, 12/17/20) The NYT reviewed more than 10,000 published decisions and dissents during the first three years of the Trump administration. Trump appointees were “more likely…to disagree with peers selected by Democrats…” and “more likely to agree with their Republican colleagues.” The “published opinions from the nations’ appeals courts this year show that Trump appointees stand out from other judges…” The “conservative imprint” is only deepening. One of the reasons we managed to escape another Trump term is the federal judiciary. But, that is the reason Mitch McConnell is packing the federal courts with “right-thinking” judges. Next time, these judges may side with even the most outrageous lawsuits to maintain the power of the Republican party. McConnell has encouraged federal judges to retire to make room for these more radical colleagues. (NYT, 12/17/20)
• The new version of the stimulus bill doesn’t include the get out of jail fee card for corporations wanted by McConnell (NYT 12/17/20)
“Six days after President Donald Trump lost his bid for reelection, the U.S. Department of Agriculture notified food safety groups that it was proposing a regulatory change to speed up chicken factory processing lines, a change that would allow companies to sell more birds. An earlier USDA effort had broken down on concerns that it could lead to more worker injuries and make it harder to stop germs like salmonella.”
This is what Republicans stand for. There’s no reason to ask why Republicans “went along” with Trump. They didn’t go along, they happily colluded with him because he delivered policy changes that they had advocated for decades.
Trump most likely lost because of mail in ballots. So…
The Georgia state senators pledged on Tuesday to eliminate no-excuse absentee voting, require a photo ID to obtain a ballot, outlaw drop boxes and scrap a court agreement to quickly tell voters about signature problems on ballots so that they could be fixed…new york times.
While corporate media pundits spend time interviewing each other about interviews they have done ( Lemon interviewing Tapper about his interview with Biden, dogs sniffing assholes) and touting their books (Maddow and Scarborough), Trump has dangerously upped the ante in the crime spree that has been the Trump/Republican administration. They are stealing billions from the American people and neither the corporate media nor the Democratic Party is screaming bloody murder as they should be.
As just one minor example of a story that should have been hammered for days, Trump, after getting rid of a top level of Pentagon officials, has appointed stooges (Lewandowski) who will facilitate the massive grifting of the federal government.
With this top layer of sycophants in place, it is being widely reported that (the devil himself) Erik Prince has been awarded a “classified contract” to take over military operations in Africa.
This move would help facilitate a long-pursued project of Prince’s to take over military operations for the U.S. government (he proposed doing so in Afghanistan) and for the Republicans to privatize the enormous defense budget every more than it’s already been farmed out to giant defense contractors.
It was reported that Prince proposed a take-over of the Afghanistan war to the Trump administration earlier in the year. It is not clear why he was turned down. He has come back with his hand out for part of the spoils being awarded by Trump and the Republicans.
In case you don’t remember, Erik Prince is the brother of Betsy de Vos. He was the founder of a mercenary contracting group that was unleashed in Iraq and wreaked so much uncontrolled, unfettered terror among the population, they finally had to prosecute Blackwater and some of his operatives.
Erik Prince is another of the multitude of people (Paul Manafort, Donald Trump, Ivanka Trump, Donald Trump,Jr. Jared Kushner, Roger Stone, Rick Gates, Michael Flynn, etc.) who would already have been in prison in 2016 if we had a functioning Justice Department which prosecuted white collar, corporate and political crimes (See “The Chickenshit Club” by Jesse Eisinger).
Also see Jeremy Skahill’s book about Blackwater and (the Devil) Erik Prince.
The reporting is that Trump’s new buffoon appointments in the Pentagon have awarded EriK Prince (read, the Devil) a classified contract to run mercenary operations in Africa.
This is the best book out there about the true depth of corruption and violence represented by Erik Prince.
It is increasingly apparent to me that watching the corporate news will be as difficult over the next four years as it was over the last four.
Nicolle Wallace, one of the Never-Trumpers that the corporate Democrats love so much, just begged a reporter for information on Republicans who are likely to cooperate with the Democrats. The reporter cited SUSAN COLLINS as one of those likely Republicans. Susan Collins? If we are pinning our hopes on Susan f…ing Collins, we are in sad shape.
Wallace and the reporter spent ages discussing how “fascinating” watching the relationship between Biden and McConnell was going to be. It will be a real test, the reporter said, to see if Biden can move McConnell on “anything at all.”
There is no test here. And, Biden is wasting his time. McConnell is not going to cooperate with Joe Biden because Biden’s a nice guy. The Democrats essentially nominated and ran Biden not for any policy agenda, but because he was a “nice guy.” Well, I will just go out on a limb here and say that Mitch McConnell is not going to change the total obstruction that has characterized his entire leadership due to the power of Joe Biden’s personality.
Mitch McConnell, Bill Barr, Pompeo and others are on a mission. They perceive themselves to be fighting a war and that war didn’t end just because we were lucky enough to have Trump turned out because of mail-in ballots.
The entire Democratic nominating convention was a celebrity creation exercise. It had nothing to do with policy which was hardly mentioned. It was about creating and marketing a celebrity. Part of that process was trying to convince the consumer that the power of Biden’s personality was going to change politics in Washington.
I am afraid that Biden has come to believe his own hype and truly thinks that he’s going to walk into the Senate, put his arm around Mitch McConnell and say, “come on man” and McConnell is going to go down on his knees. It ain’t gonna happen. I’ll say it again. It ain’t gonna happen.
But corporate media hosts like Nicolle “I facilitated torture” Wallace will spend hours of valuable ideological real estate publicly wondering which Republicans are going to “cooperate” and the ins and outs of some kind of personal relationship between Biden and McConnell.
The corporate media and the Democratic Party still perpetuate the notion that Trump and the Republican Party are different. Biden has said that once Trump is gone, the Republicans are going to return to “normal.” The Republicans were completely willing to use Trump and his crazed supporters as a vehicle to advance their agenda. They are not going to stop advancing that agenda, not now, not when they are this close to establishing a one-party authoritarian state.
If Democrats think that the power of Biden’s personality is going to change what is, for Republicans, a holy war, they are delusional. But, I guess we already knew that.