Tag Archives: justice-department

New York Times Updates Its 2015 Hillary Clinton FBI Investigation Story

Mother Jones

In July 2015 the New York Times reported that the Justice Department had opened a “criminal inquiry” into whether “Hillary Rodham Clinton mishandled sensitive government information.” This was apparently a mistake, and the article was quickly rewritten to say only that DOJ had opened an “investigation” into whether sensitive information had been mishandled “in connection with the personal email account Hillary Rodham Clinton used as secretary of state.” A few days later the Times’ public editor wrote a scathing summary of the paper’s scoop:

Aspects of it began to unravel soon after it first went online….From Thursday night to Sunday morning — when a final correction appeared in print — the inaccuracies and changes in the story were handled as they came along, with little explanation to readers, other than routine corrections….Eventually, a number of corrections were appended to the online story, before appearing in print in the usual way — in small notices on Page A2. But you can’t put stories like this back in the bottle — they ripple through the entire news system.

So it was, to put it mildly, a mess….“We got it wrong because our very good sources had it wrong,” editor Matt Purdy told me. “That’s an explanation, not an excuse. We have an obligation to get facts right and we work very hard to do that.”

A few days later I wrote about this too, suggesting that the Times owed us a better explanation of what happened. This weekend they went some of the way there in an aside buried in their big story about James Comey, co-authored by two of the same reporters who wrote the original piece. Here’s what they say:

On July 10, 2015, the F.B.I. opened a criminal investigation, code-named “Midyear,” into Mrs. Clinton’s handling of classified information….There was controversy almost immediately. Responding to questions from The Times, the Justice Department confirmed that it had received a criminal referral — the first step toward a criminal investigation — over Mrs. Clinton’s handling of classified information.

But the next morning, the department revised its statement. “The department has received a referral related to the potential compromise of classified information,” the new statement read. “It is not a criminal referral.”

At the F.B.I., this was a distinction without a difference: Despite what officials said in public, agents had been alerted to mishandled classified information and in response, records show, had opened a full criminal investigation.

If this is correct, it was a criminal investigation, and the Times didn’t get it wrong. Rather, the Justice Department put up a smoke screen after news of the investigation had been leaked.

The second part of this remains fuzzy. Was the investigation specifically aimed at Hillary Clinton or was it only “in connection with” Hillary Clinton? It’s pretty obvious that Clinton was, in fact, the primary target of the investigation, but the FBI also investigated many others in her orbit. So I’m not sure how to score this.

Overall, though, despite what I wrote and what the Times itself wrote, it appears that this wasn’t an enormous screwup at all. There might have been a minor detail or two that was slightly wrong, but nothing central to the story itself.

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New York Times Updates Its 2015 Hillary Clinton FBI Investigation Story

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The Justice Department Just Sued Ferguson for "Routine Violation" of Residents’ Civil Rights

Mother Jones

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The US Justice Department has sued the city of Ferguson, Missouri, following months of “painstaking negotiations” with local officials and more than a year of investigating their alleged discriminatory and unconstitutional practices.

The Justice Department launched its investigation into the Ferguson Police Department after 18-year-old Michael Brown was shot and killed by a Ferguson police officer in August 2014, sparking months of protest across the country and public outcry over the use of deadly and excessive force by the police.

On Wednesday, Attorney General Loretta Lynch announced that the Justice Department was filing a lawsuit against Ferguson one day after the city council rejected a proposed settlement that sought to “remedy literally years of systematic deficiencies.” The Justice Department spent more than six months negotiating a settlement with local officials after it identified widespread civil rights violations and racial discrimination in the Ferguson Police Department’s stops, searches, and arrests. It also alleges that local court proceedings violated the due process of residents. The city council’s rejection of the agreement, Lynch said, “leaves us no further choice.”

Here is the full text of the lawsuit:

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Here’s the full text of Lynch’s remarks:

Good afternoon and thank you all for being here. I am joined by Vanita Gupta, head of the Civil Rights Division.

Nearly a year ago, the Department of Justice released our findings in an investigation of the Police Department of Ferguson, Missouri. Our investigation uncovered a community in distress, in which residents felt under assault by their own police force. The Ferguson Police Department’s violations were expansive and deliberate. They violated the Fourth Amendment by stopping people without reasonable suspicion, arresting them without cause and using unreasonable force. They made enforcement decisions based on the way individuals expressed themselves and unnecessarily escalated non-threatening situations. These violations were not only egregious – they were routine. They were encouraged by the city in the interest of raising revenue. They were driven, at least in part, by racial bias and occurred disproportionately against African-American residents. And they were profoundly and fundamentally unconstitutional. These findings were based upon information received from Ferguson’s own citizens, from Ferguson’s own records and from Ferguson’s own officials. And they demonstrated a clear pattern or practice of violations of the Constitution and federal law.

After announcing our findings one year ago, we began negotiations with the city of Ferguson on a court-enforceable consent decree that would bring about necessary police and court reform. From the outset, we made clear that our goal was to reach an agreement to avoid litigation. But we also made clear that if there was no agreement, we would be forced to go to court to protect the rights of Ferguson residents. Painstaking negotiations lasted more than 26 weeks as we sought to remedy literally years of systematic deficiencies. A few weeks ago, the Department of Justice and Ferguson’s own negotiators came to an agreement that was both fair and cost-effective – and that would provide all the residents of Ferguson the constitutional and effective policing and court practices guaranteed to all Americans. As agreed, it was presented to the Ferguson City Council for approval or rejection. And last night, the city council rejected the consent decree approved by their own negotiators. Their decision leaves us no further choice.

Today, the Department of Justice is filing a lawsuit in U.S. District Court against the city of Ferguson, Missouri, alleging a pattern or practice of law enforcement conduct that violates the First, Fourth and 14th Amendments of the Constitution and federal civil rights laws. We intend to aggressively prosecute this case and I have no doubt that we will prevail.

The residents of Ferguson have waited nearly a year for their city to adopt an agreement that would protect their rights and keep them safe. They have waited nearly a year for their police department to accept rules that would ensure their constitutional rights and that thousands of other police departments follow every day. They have waited nearly a year for their municipal courts to commit to basic, reasonable rules and standards. But as our report made clear, the residents of Ferguson have suffered the deprivation of their constitutional rights – the rights guaranteed to all Americans – for decades. They have waited decades for justice. They should not be forced to wait any longer.

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The Justice Department Just Sued Ferguson for "Routine Violation" of Residents’ Civil Rights

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Justice Department Investigating Whether Airlines Work Together to Keep Prices High

Mother Jones

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The Justice Department is looking into whether airlines are cooperating to deliberately “work at a slower pace” in order to keep airline prices high, the Associated Press reports on Wednesday.

A department spokesperson confirmed the investigation but declined to list which airlines were subject to the probe. The potential “unlawful coordination” orchestrated by major airlines comes amid questions of why airline ticket prices have remained high despite plummeting oil prices and more fuel efficient aircrafts.

Following news of the probe on Wednesday, all U.S. airline stock prices took a dive.

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Justice Department Investigating Whether Airlines Work Together to Keep Prices High

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A GOP Operative Just Got 2 Years in Prison For Breaking Super-PAC Rules

Mother Jones

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The Department of Justice scored a victory Friday morning in the fight to rein in the campaign finance Wild West that has come with the rise of super-PACs: A GOP operative in Virginia was sentenced to two years in federal prison for breaking a small, but crucial, campaign finance law in the 2012 election. It’s unclear whether this signals a sustained effort by the Justice Department to crack down on campaign finance law violators. But one thing’s for sure: it’s more than the grid-locked Federal Election Commission has done to enforce the law in this area.

There isn’t much that a super PAC can’t do under the 2010 Citizens United ruling. These outfits can raise and spend unlimited cash, soliciting funds from individuals and corporations alike. The one thing that can’t happen is coordination between a super-PAC and a candidate for elected office. And that’s the issue that was at the heart of the Justice Department’s case against GOP operative Tyler Harber, once named a “rising star” by Campaigns & Elections magazine (since revoked), who was sentenced to two years in prison for illegal coordination and lying to the FBI.

Since Citizens United, it’s been fairly clear that rules against coordination were being short-circuited, if not broken outright. Candidates’ political aides have resigned from their campaigns only to resurface at the helm of super PACs supporting that very same candidate; parents and spouses of candidates have created super PACs and pour money in; most significantly, in the run up to 2016, Jeb Bush has merged his campaign with his super PAC, allowing him to raise unlimited amounts of money and hobnob with mega-donors, while hiding behind the excuse that he is not formally a candidate. Campaign finance reformers have cried foul over Bush’s use of this loophole, but the reality is no one is likely to do anything about it. The FEC is, for all intents and purposes, putting itself on the bench this election cycle.

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A GOP Operative Just Got 2 Years in Prison For Breaking Super-PAC Rules

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Report: Eric Holder Plans To Step Down As Attorney General

Mother Jones

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Eric Holder is planning to announce this afternoon that he will step down as attorney general as soon as a replacement can be confirmed, according to a report from NPR. Holder has led the Justice Department since February of 2009.

Two sources familiar with the decision tell NPR that Holder, 63, intends to leave the Justice Department as soon as his successor is confirmed, a process that could run through 2014 and even into next year. A former U.S. government official says Holder has been increasingly “adamant” about his desire to leave soon for fear he otherwise could be locked in to stay for much of the rest of President Obama’s second term.

Holder already is one of the longest serving members of the Obama cabinet and ranks as the fourth longest tenured AG in history. Hundreds of employees waited in lines, stacked three rows deep, for his return in early February 2009 to the Justice Department, where he previously worked as a young corruption prosecutor and as deputy attorney general — the second in command — during the Clinton administration.

Holder’s tenure has been rocky from the start and over the years calls have come for his resignation from the right, the left, the right, and, well, the left again. Holder’s resignation does not come as surprise. Indeed, he told the New Yorker’s Jeffrey Tobin in February that he planned on stepping down sometime this year.

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Report: Eric Holder Plans To Step Down As Attorney General

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The Justice Department Claims This Defamation Case Will Reveal State Secrets—But Won’t Say How

Mother Jones

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In an unprecedented move, Attorney General Eric Holder has intervened in a defamation lawsuit, seeking to have the case thrown out on the grounds that it will reveal state secrets—without publicly explaining how it would do so. On Wednesday, a lawyer for the plaintiff in the case, a Greek business mogul accused of doing business with Iran, fired back at Holder in a letter to the court that essentially says: Prove it.

Dismissal of the lawsuit, which was filed in federal court in 2013, would be highly unusual. Neither party in the suit is connected to the government, and the Justice Department insists on keeping its interest in this case a mystery. In the past when the Justice Department has invoked state secrets, a high-ranking official has offered a public explanation to the court. But Holder asserts that in this case, he cannot discuss the Justice Department’s reasoning, nor the agency or information that the lawsuit might compromise.

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The Justice Department Claims This Defamation Case Will Reveal State Secrets—But Won’t Say How

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Obama May Soon Send This Reporter to Jail. Here Are the Embarrassing Secrets He Exposed.

Mother Jones

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The Obama administration has fought a years-long court battle to force longtime New York Times national security correspondent James Risen to reveal the source for a story in his 2006 book State of War: The Secret History of the CIA and the Bush Administration. Risen may soon serve jail time for refusing to out his source. The fight has drawn attention to Obama’s less-than-stellar track record on press freedom—in a recent interview, Risen called the president “the greatest enemy to press freedom in a generation.” But lost in the ruckus are the details of what Risen revealed. Here’s what has the government so upset.

In State of War, Risen revealed a secret CIA operation, code-named Merlin, that was intended to undermine the Iranian nuclear program. The plan—originally approved by president Bill Clinton, but later embraced by George W. Bush—was to pass flawed plans for a trigger system for a nuclear weapon to Iran in the hopes of derailing the country’s nuclear program. “It was one of the greatest engineering secrets in the world,” Risen wrote in State of War, “providing the solution to one of a handful of problems that separated nuclear powers such as the United States and Russia from the rogue countries like Iran that were desperate to join the nuclear club but had so far fallen short.”

The flaws in the trigger system were supposed to be so well hidden that the blueprints would lead Iranian scientists down the wrong path for years. But Merlin’s frontman, a Russian nuclear scientist and defector then on the CIA’s payroll, spotted the flaws almost immediately. On the day of the handoff in Vienna in winter 2000, the Russian, not wanting to burn a bridge with the Iranians, included an apologetic note with his delivery, explaining that the design had some problems. Shortly after receiving the plans, one member of the Iranian mission changed his travel plans and flew back to Tehran, presumably with the blueprints—and the note—in hand. Merlin did not wreck the Iranian nuclear program—in fact, Risen wrote, the operation could have accelerated it.

In a sworn affidavit filed in 2011, and in a recently rejected appeal to the US Supreme Court, Risen has argued that his reporting served the public good. Published at a time when military action in Iran seemed possible, State of Fear revealed how much of the effort to gather information on Iran’s nuclear capability was not just shoddy but dangerous—even, in the case of Operation Merlin, helping Iran get closer to building a nuclear weapon.

The Bush administration did not see it that way. In 2008, Bush’s Justice Department subpoenaed Risen, demanding that he reveal his source—or face jail time for contempt of court. After taking office in 2009, the Obama administration renewed the Bush-era subpoena and continued to try to identify and prosecute Risen’s source. Justice Department staff believe they know who the source was—an ex-CIA operations officer named Jeffrey Sterling, who was previously an on-the-record source for Risen—but they want Risen to confirm their hunch and fill in a few details. In legal filings, Justice Department lawyers have called Risen a witness to “serious crimes that implicate the national security of the United States” and argued that “there are few scenarios where the United States’ interests in securing information is more profound and compelling than in a criminal prosecution like this one.”

If Risen is called to court to testify but fails to show up or refuses to talk, he’s likely to become the first reporter since Judith Miller in 2005 to be sentenced to jail time for refusing to divulge a source.

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Obama May Soon Send This Reporter to Jail. Here Are the Embarrassing Secrets He Exposed.

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Report: Guards May Be Responsible for Half of All Prison Sexual Assaults

Mother Jones

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This story first appeared on the ProPublica website.

A new Justice Department study shows that allegations of sex abuse in the nation’s prisons and jails are increasing–with correctional officers responsible for half of it–but prosecution is still extremely rare.

The report, released today by the Bureau of Justice Statistics, takes data collected by correctional administrators representing all of the nation’s federal and state prisons as well as many county jails. It shows that administrators logged more than 8,000 reports of abuse to their overseers each year between 2009 and 2011, up 11 percent from the department’s previous report, which covered 2007 and 2008.

It’s not clear whether the increase is the result of better reporting or represents an actual rise in the number of incidents.

Allen Beck, the Justice Department statistician who authored the reports, told ProPublica that abuse allegations might be increasing because of growing awareness of the 2003 Prison Rape Elimination Act.

“It’s a matter of speculation, but certainly there’s been a considerable effort to inform staff about the dangers of sexual misconduct, so we could be seeing the impact of that,” said Beck.

The survey also shows a growing proportion of the allegations have been dismissed by prison officials as “unfounded” or “unsubstantiated.” Only about 10 percent are substantiated by an investigation.

But even in the rare cases where there is enough evidence to prove that sexual abuse occurred, and that a correctional officer is responsible for it, the perpetrator rarely faces prosecution. While most prison staff shown to be involved in sexual misconduct lost their jobs, fewer than half were referred for prosecution, and only 1 percent ultimately got convicted.

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Report: Guards May Be Responsible for Half of All Prison Sexual Assaults

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