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Exploiting the Good Work of Whistleblowers Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36478"><span class="small">John Kiriakou, Reader Supported News</span></a>   
Saturday, 27 January 2018 14:49

Kiriakou writes: "A partner in the Washington DC office of the international law firm of Akin Gump Strauss Hauer & Feld was arrested recently and charged with multiple felony violations for obstruction of justice and transporting stolen property. Sounds like no big deal. But it's a very big deal. And it sets whistleblowers at the Justice Department back incalculably."

John Kiriakou. (photo: The Washington Post)
John Kiriakou. (photo: The Washington Post)


Exploiting the Good Work of Whistleblowers

By John Kiriakou, Reader Supported News

27 January 18

 

partner in the Washington DC office of the international law firm of Akin Gump Strauss Hauer & Feld was arrested recently and charged with multiple felony violations for obstruction of justice and transporting stolen property. Sounds like no big deal. But it’s a very big deal. And it sets whistleblowers at the Justice Department back incalculably.

(Please note: Akin Gump represented me in my criminal case after I was arrested for blowing the whistle on the CIA’s torture program. I received first-class legal representation from the firm, I recommend it routinely, and I have had only positive experiences with Akin Gump, its partners, and its employees.)

Attorney Jeffrey Wertkin had been a hotshot prosecutor in the Justice Department’s corporate fraud division. He was highly thought of by his supervisors and peers and, after six years at Justice, he decided to move to the private sector. Akin Gump, aware of his excellent reputation as a prosecutor, and as an adjunct professor of law at Georgetown University, hired him immediately to work on the other side of the table to defend those accused of committing corporate fraud. Wertkin was a young partner – only 41 years old – and he wanted to impress his new colleagues.

So before leaving the Justice Department, he began stealing sealed corporate fraud lawsuits brought by whistleblowers. He then sent a redacted copy of the first page of the lawsuits to the defendants, offering to represent them. Just one of those lawsuits brought $310,000 into the firm, according to the Washington Post, and Wertkin had stolen dozens.

Wertkin had certainly impressed his partners, and he continued to bring in fraud defense clients until being arrested by the FBI in a hotel lobby in California. He was wearing a wig and a false mustache, and he was on his way to pick up an envelope of cash, apparently a “good faith” bribe for initially telling a potential client that he did indeed have the goods they wanted. Wertkin’s only comment upon his arrest was “My life is over.” His sentencing is scheduled for March.

An attorney who worked with a whistleblower in one of Wertkin’s fraud cases said Wertkin may have done “irreparable harm” by scaring off future whistleblowers. The attorney said, “Every time a potential whistleblower hesitates to bring fraud to the government’s attention, the taxpayers suffer a potential loss, often in the hundreds of millions of dollars.”

To make matters worse, whistleblowers at the Department of Justice already are treated as second-class citizens and are often even denied their basic rights under the federal Whistleblower Protection Act.

FBI whistleblower Darin Jones has suffered for years under both the Obama and Trump administrations. Jones was fired after he blew the whistle on waste, fraud, abuse, and illegality at the FBI. He had reported that senior FBI officials had wasted $234,000 of the taxpayers’ money on an awards ceremony for themselves, they had improperly spent taxpayer money without going through proper approval channels, and that a former FBI assistant director had had a conflict of interest related to a computer help-desk contract.

Jones did exactly what an employee is supposed to do in such a case: he went through his chain of command. In response, he was fired on the last day of his probationary period. That was more than five years ago, and his appeal of his dismissal still hasn’t been heard. And just like with other whistleblowers, especially those in national security and law enforcement, it has been virtually impossible for him to find a job. Former friends and colleagues still avoid him.

Jones has been dogged in his own defense, however. He has sought – and received – the support of Senator Chuck Grassley (R-Iowa), the chairman of the Senate Judiciary Committee and probably the single biggest supporter of whistleblowers in Congress. Senator Chris Van Hollen (D-MD) also has been supportive.

With that said, Justice Department officials have continued to ignore the senators’ entreaties to fix the situation and to return Jones to employment. The Department has buried Jones in paperwork, has forced him down dead ends on appeals, and has dragged out his case in the hope that he’ll just eventually go away. He vows to fight to the end.

Whistleblowers don’t live and act in a bubble. They see what happens around them. They read the internal memos that circulate in every federal department and agency urging employees to report evidence of waste, fraud, abuse, or illegality. And then they see the response: personal, professional, and financial ruin. All for doing the right thing.

Jeffrey Wertkin’s criminal acts made everything that much worse. There must be consequences to his actions.



John Kiriakou is a former CIA counterterrorism officer and a former senior investigator with the Senate Foreign Relations Committee. John became the sixth whistleblower indicted by the Obama administration under the Espionage Act – a law designed to punish spies. He served 23 months in prison as a result of his attempts to oppose the Bush administration's torture program.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.


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Democrats Paid a Huge Price for Letting Unions Die Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=38755"><span class="small">Eric Levitz, New York Magazine</span></a>   
Saturday, 27 January 2018 14:39

Levitz writes: "The GOP understands how important labor unions are to the Democratic Party. The Democratic Party, historically, has not. If you want a two-sentence explanation for why the Midwest is turning red (and thus, why Donald Trump is president), you could do worse than that."

There is power in a union. (photo: Justin Sullivan/Getty Images)
There is power in a union. (photo: Justin Sullivan/Getty Images)


Democrats Paid a Huge Price for Letting Unions Die

By Eric Levitz, New York Magazine

27 January 18

 

he GOP understands how important labor unions are to the Democratic Party. The Democratic Party, historically, has not. If you want a two-sentence explanation for why the Midwest is turning red (and thus, why Donald Trump is president), you could do worse than that.

With its financial contributions and grassroots organizing, the labor movement helped give Democrats full control of the federal government three times in the last four decades. And all three of those times — under Jimmy Carter, Bill Clinton, and Barack Obama — Democrats failed to pass labor law reforms that would to bolster the union cause. In hindsight, it’s clear that the Democratic Party didn’t merely betray organized labor with these failures, but also, itself.

Between 1978 and 2017, the union membership rate in the United States fell by more than half — from 26 to 10.7 percent. Some of this decline probably couldn’t have been averted — or, at least, not by changes in labor law alone. The combination of resurgent economies in Europe and Japan, the United States’ decidedly non-protectionist trade policies, and technological advances in shipping was bound to do a number on American unions. Global competition thinned profit margins for U.S. firms; cutting labor costs was one of the easiest ways to fatten ’em back up; and breaking unions (through persuasion, intimidation, or relocation) was one of the easiest ways to cut said costs.

Nevertheless, there was lot that Democrats could have done — through labor law reform — to shelter the union movement from these changes, and help it establish a bigger footprint in the service sector. At present, employers are prohibited from firing workers for organizing or threatening to close businesses if workers unionize — but the penalties for such violations are negligible. Further, while they must recognize unions once they are ratified by workers in an election, employers can delay those elections for months or even years — and, even after recognition, face no obligation to reach a contract with their newly unionized workers.

Democrats could have increased the penalties for violating labor law, enabled unions to circumvent the election process if a majority of workers signed union cards (a.k.a. “card check”), and required employers to enter arbitration with unions if no contract was reached within 120 days of their formation — as Barack Obama promised the labor movement they would, in 2008.

Or, if they were feeling a bit more radical, they could have repealed the part of the Taft-Hartley Act that allows conservatives states to pass “right to work” laws. Such laws undermine organized labor by allowing workers who join a unionized workplace to enjoy the benefits of a collective bargaining agreement without paying dues to the union that negotiated it. This encourages other workers to skirt their dues, which can then drain a union of the funds it needs to survive.

And that has the effect of draining the Democratic Party of the funds — and grassroots organizing — that it needs to thrive. As Sean McElwee writes for The Nation:

In a new study that will soon be released as a National Bureau of Economic Research working paper, James Feigenbaum of Boston University, Alexander Hertel-Fernandez of Columbia, and Vanessa Williamson of the Brookings Institution examined the long-term political consequences of anti-union legislation by comparing counties straddling a state line where one state is right-to-work and another is not. Their findings should strike terror into the hearts of Democratic Party strategists: Right-to-work laws decreased Democratic presidential vote share by 3.5 percent.

The study found that impacts persist in down-ballot races, and have given Republicans more power in the Senate, House, and governors’ mansions, as well as in state legislatures. This leads to a vicious cycle wherein the GOP can use that power to further suppress votes, gut union rights, and gerrymander legislatures—in other words, embark on a fundamental retooling of American political mechanics.

The decimation of the blue wall in 2016 may have been driven by Trump’s unique candidacy, but right-to-work laws had been weakening the foundation for years. In 2014, Republican Governor Rick Snyder’s narrow victory against Democratic opponent Mark Schauer may well have gone in a different direction were it not for the state’s 2012 right-to-work law. It’s not impossible to imagine that progressive Senate candidate Russ Feingold would have beaten Tea Party–backed incumbent Ron Johnson in 2016 if only Wisconsin private- and public-sector unions had not been completely gutted. The effect of right-to-work laws, according to this research, are large enough that it could have easily cost Hillary Clinton Wisconsin and Michigan—two states that went right-to-work before the 2016 elections.

(photo: nymag.com)

These findings will surprise no one in the Republican leadership. Since 2010, six GOP state governments have passed “right to work” laws. Last year, Kentucky and Missouri joined the club (the latter development will make Senator Claire McCaskill’s already difficult reelection bid all the more challenging). Republicans prioritized these regressive labor law reforms because they understood how devastating they would be for the unions — and thus, to the Democratic Party. Last year, anti-tax crusader Grover Norquist argued that if right-to-work reforms are “enacted in a dozen more states, the modern Democratic Party will cease to be a competitive power in American politics.”

This could have been a golden age for American liberalism. The Democratic Party — and the progressive forces within it — have so much going for them. The GOP’s economic vision has never been less popular with ordinary Americans, or more irrelevant to their material needs. The U.S. electorate is becoming less white, less racist, and less conservative with each passing year. Social conservatism has never had less appeal for American voters than it does today. The garish spectacle of the Trump-era Republican Party is turning the American suburbs — once a core part of the GOP coalition — purple and blue.

If the Democratic Party wasn’t bleeding support from white working-class voters in its old labor strongholds, it would dominate our national politics. Understandably, Democratic partisans often blame their powerlessness on such voters — and the regressive racial views that led them out of Team Blue’s tent. But as unions have declined across the Midwest, Democrats haven’t just been losing white, working-class voters to revanchist Republicans — they’ve also been losing them to quiet evenings at home. The NBER study cited by McElwee found that right-to-work laws reduce voter turnout in presidential elections by 2 to 3 percent.

Further, the notion that grassroots organizing cannot make a non-woke white man prioritize his class interests over his racial resentments — and thus, that the Democratic Party’s refusal to bolster union organizing was irrelevant to its failure to fend off Trump — is unsupportable. In 2008, labor invested a quarter-billion dollars into Barack Obama’s election, allocating the bulk of those funds into burnishing the candidate’s support among union voters in the Midwest. That year, unionized white men backed Obama by an 18 percent margin; while nonunionized ones went for John McCain by 16.

If right-to-work laws alone cost Democrats roughly 3.5 percent of a given state’s vote share, how many votes has the party lost since 1978 by refusing to prioritize progressive labor reforms?

What kind of country would we live in today, if they hadn’t?


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FOCUS: My Response to MPR Print
Saturday, 27 January 2018 12:05

Keillor writes: "The MPR committee's letter to listeners was in response to a blizzard of listener anger, all of it richly deserved, after MPR expunged shows that people loved. And listeners smelled a rat."

Garrison Keillor. (photo: A Prairie Home Companion)
Garrison Keillor. (photo: A Prairie Home Companion)


My Response to MPR

By Garrison Keillor, Star Tribune

27 January 18

 

he MPR committee’s letter to listeners was in response to a blizzard of listener anger, all of it richly deserved, after MPR expunged shows that people loved. And listeners smelled a rat. Listeners know me far better than MPR management does and they know I’m not abusive. Management, when it heard a complaint back in October, did not have the good manners to call me, an employee of fifty years, and sit down with me face to face and talk about what had happened. If they had done the simple courteous thing, this all would’ve been avoided.

How to respond to so many untruths in a short space? The woman who complained was a friend, had been hired as a freelance researcher, an employee of mine, not MPR’s, working a job that she did from home by email. I hardly ever saw her in the office. Our friendship continued in frequent emails about our kids and travel and family things that continued to my last show and beyond. She signed her emails “I love you” and she asked if her daughter could be hired to work here, and so forth. She attended the last show in L.A. She still features “A Prairie Home Companion” prominently on her Facebook page.

Her complaint was drawn up by her attorney, a highly selective and imaginative piece of work. MPR depended on the complaint, it never spoke to me or to the complainant.

If I am guilty of harassment, then every employee who stole a pencil is guilty of embezzlement. I’m an honest fiction writer and I will tell this story in a novel.


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FOCUS: Trump's Position Now Seems Perilous Print
Saturday, 27 January 2018 11:35

Toobin writes: "Most white-collar prosecutions turn on the issue of criminal intent. These cases involve behavior that would, in ordinary circumstances, be totally legal - if not for the intent of the defendant."

Donald Trump. (photo: Spencer Platt/Getty Images)
Donald Trump. (photo: Spencer Platt/Getty Images)


Trump's Position Now Seems Perilous

By Jeffrey Toobin, The New Yorker

27 January 18

 

ost white-collar prosecutions turn on the issue of criminal intent. These cases involve behavior that would, in ordinary circumstances, be totally legal—if not for the intent of the defendant. Consider, for example, the entrepreneur who sells stock in a company whose value goes down. If business conditions turn sour, or the competitive environment changes, the loss is simply part of the risks of capitalism. There’s no crime. But if the entrepreneur knows that his company has no value, or has lied about its assets, then he has committed fraud. Insider trading is another example. It’s only criminal to sell stock if you had improper knowledge of the status of the company. In both kinds of cases, the key question regards the defendant’s state of mind. That’s why lawyers refer to “intent cases”; the outcome turns solely on the motivation of the defendant.

The issue of whether President Trump obstructed justice centers on his decision to fire James Comey, the F.B.I. director, last May. This is a classic intent case. The President clearly had the right to fire Comey, but he did not have the right to do so with improper intent. Specifically, the relevant obstruction-of-justice statute holds that any individual who “corruptly .?.?. influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice” is guilty of the crime. “Corruptly” is the key word. Did Trump act “corruptly” in firing Comey?

It is this question of corrupt intent that makes the Times’s recent blockbuster scoop so important. According to the article, the President tried to fire Robert Mueller, the special counsel, last June, but he stopped when Don McGahn, the White House counsel, threatened to resign if Trump insisted on the dismissal. Trump apparently offered three justifications to fire Mueller—that Mueller had left one of Trump’s golf clubs in a dispute about dues; that Mueller’s former law firm had represented Jared Kushner, the President’s son-in-law; and that Trump had interviewed Mueller as a possible interim replacement for Comey as F.B.I. director. McGahn’s threat to resign shows that he saw these purported reasons as pretexts. The golf-dues matter was obviously trivial; the law firm’s representation of Kushner, which did not involve Mueller at all, could only have biased the special counsel in favor of the President’s family; and Trump’s willingness to interview Mueller for the F.B.I. position showed how much the President trusted Mueller, not that he believed the former F.B.I. director harbored any animosity toward him.

McGahn recognized the key fact—that Trump wanted to fire Mueller for the wrong reasons. Trump wanted to fire Mueller because his investigation was threatening to him. This, of course, also illuminates the reasons behind Trump’s firing of Comey, which took place just a month before the President’s confrontation with McGahn regarding Mueller. Trump and his advisers have offered various tortured rationalizations for the firing of Comey—initially, for example, on the ground that Comey had been unfair to Hillary Clinton during the 2016 campaign. Trump himself came clean in an interview with NBC’s Lester Holt and in a meeting with Russia’s foreign minister. In both, Trump acknowledged that he fired Comey to stall or stop the Russia investigation—that is, the investigation of Trump himself and his campaign.

This was an improper purpose, and McGahn clearly saw that the same improper purpose underlay Trump’s determination to fire Mueller. So McGahn issued the ultimatum that prompted the President to back down.

Mueller and his team surely have evidence on obstruction of justice that has not yet been made public. But even on the available evidence, Trump’s position looks perilous indeed. The portrait is of a President using every resource at his disposal to shut down an investigation—of Trump himself. And now it has become clear that Trump’s own White House counsel rebelled at the President’s rationale for his actions.

Abundant questions remain about Trump’s fate in the Mueller investigation. Can or will a sitting President be indicted? What, if anything, will the House of Representatives do with respect to its impeachment powers? In what forum and format will the public see the full range of the evidence against the President? But on perhaps the most important question of all—whether the President of the United States committed the crime of obstruction of justice—the answer now seems clear.


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GOP Leaders' Complicity Grows as Their Members Undermine the Rule of Law Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=44720"><span class="small">The Washington Post Editorial Board</span></a>   
Saturday, 27 January 2018 09:41

Excerpt: "A foreign power interfered in the 2016 presidential election. U.S. law enforcement is trying to get to the bottom of that story. Congress should be doing everything possible to make sure the investigation can take place."

Paul Ryan. (photo: Chip Somodevilla/Getty Images)
Paul Ryan. (photo: Chip Somodevilla/Getty Images)


GOP Leaders' Complicity Grows as Their Members Undermine the Rule of Law

By The Washington Post Editorial Board

27 January 18

 

FOREIGN power interfered in the 2016 presidential election. U.S. law enforcement is trying to get to the bottom of that story. Congress should be doing everything possible to make sure the investigation can take place. Instead, to protect the president of their party, who may or may not be complicit, Republican leaders in Congress are allowing and encouraging the baseless slander of the investigators.

It is a new low for the leadership, and one that could do lasting harm to the nation.

Cravenness in the Republican leaders’ response to Donald Trump is nothing new. During the presidential campaign, few stood up to his nativism and ugly ethnic slurs. Since he became president, even fewer have stood by their previous commitments to U.S. leadership abroad and fiscal responsibility at home. As he has trampled long-established norms, such as releasing annual tax returns, we’ve heard not a peep from the Article I branch.

But this moment is different. Republicans have embarked on a smear campaign of the FBI that can end only in a dangerous erosion of trust in law enforcement, the subjugation of law enforcement to partisan interests or both. For Republican leaders — House Speaker Paul D. Ryan (Wis.), Senate Majority Leader Mitch McConnell (Ky.), Senate Majority Whip John Cornyn (Tex.), Vice Chairman of the Senate Republican Conference Roy Blunt (Mo.) — to remain silent is to be complicit.

These men could, tomorrow, end this nonsense of secret societies, phony memos and missing text messages and let professionals such as special counsel Robert S. Mueller III do their jobs. Instead, they are allowing Fox News personalities, the president and loose cannons such as House Intelligence Committee Chairman Devin Nunes (Calif.) and Senate Homeland Security Committee Chairman Ron Johnson (Wis.) to turn the United States into a country where law enforcement becomes another pawn in the partisan war.

Mr. Johnson irresponsibly recycles nonsense about corruption “at the highest levels of the FBI,” offering no evidence because of course there is none. Mr. Nunes abuses his access to classified information as Intelligence Committee chairman, a title Mr. Ryan long ago should have revoked, to manufacture dark conspiracies.

“We learned today about information that in the immediate aftermath of his election, there may have been a ‘secret society’ of folks within the Department of Justice and the FBI .?.?. working against [Mr. Trump],” Rep. John Ratcliffe (R-Tex.) says.

Then he adds: “I’m not saying that actually happened.”

No matter; the purpose is achieved. Doubts are planted, and a share of the country will discount anything federal law enforcement says about Mr. Trump.

These men are destroying something that won’t be easily recovered: faith in the idea of impartial law enforcement. It amounts to an assault on the rule of law. Mr. Trump openly wishes for an attorney general who will protect him, asks law enforcement officials whom they voted for, and fires or attempts to fire those he deems disloyal. He does not believe that FBI agents or anyone else is motivated by public-spiritedness or respect for the law, only by self-interest and personal loyalty to his or some other clan.

If Mr. Ryan, Mr. McConnell and others continue in their acquiescence, his cynical view may come closer to reality.


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