Omar Mateen to Larry Nasser, Can the FBI be Fixed?

When agents fail 4 polygraphs and are still on the payroll with security clearance, is the FBI working well? When agents create fake Facebook accounts to leak information, are things working well at the Bureau? When agents fail to stop Omar Mateen, the San Bernardino, California terrorist, are things broken at the FBI? What about the early complaints by parents to the FBI about the rapist/molester Larry Nasser and not getting a call for over a year? Conditions are the Bureau good?

The Michael Horowitz Inspector General report is due at any time. What is unclear is how the FBI will be summarized and why? Was there a full mission change to find domestic terrorists over robbery cases? Did RICO cases get sidelined for the sake of sex traffickers or narcotic cases?

Inspector General reports provide the reason for the investigation and the recommendations to cure the systems. Will that be the case when it comes to hacking over locating foreign spies in our country? Is crime in America so overwhelming that the FBI cannot keep pace and local law enforcement is lagging behind as well including the fact that technology is advancing such that cases should be easier?

You be the judge as you read the following:

The FBI Is in Crisis. It’s Worse Than You Think

TIME: In normal times, the televisions are humming at the FBI’s 56 field offices nationwide, piping in the latest news as agents work their investigations. But these days, some agents say, the TVs are often off to avoid the crush of bad stories about the FBI itself. The bureau, which is used to making headlines for nabbing crooks, has been grabbing the spotlight for unwanted reasons: fired leaders, texts between lovers and, most of all, attacks by President Trump. “I don’t care what channel it’s on,” says Tom O’Connor, a veteran investigator in Washington who leads the FBI Agents Association. “All you hear is negative stuff about the FBI … It gets depressing.”

Many view Trump’s attacks as self-serving: he has called the renowned agency an “embarrassment to our country” and its investigations of his business and political dealings a “witch hunt.” But as much as the bureau’s roughly 14,000 special agents might like to tune out the news, internal and external reports have found lapses throughout the agency, and longtime observers, looking past the partisan haze, see a troubling picture: something really is wrong at the FBI.

The Justice Department’s Inspector General, Michael Horowitz, will soon release a much-anticipated assessment of Democratic and Republican charges that officials at the FBI interfered in the 2016 presidential campaign. That year-long probe, sources familiar with it tell TIME, is expected to come down particularly hard on former FBI director James Comey, who is currently on a high-profile book tour. It will likely find that Comey breached Justice Department protocols in a July 5, 2016, press conference when he criticized Hillary Clinton for using a private email server as Secretary of State even as he cleared her of any crimes, the sources say. The report is expected to also hit Comey for the way he reopened the Clinton email probe less than two weeks before the election, the sources say.

The report closely follows an earlier one in April by Horowitz, which showed that the ousted deputy director of the FBI, Andrew McCabe, had lied to the bureau’s internal investigations branch to cover up a leak he orchestrated about Clinton’s family foundation less than two weeks before the election. (The case has since been referred to the U.S. Attorney’s office in Washington, D.C., for potential prosecution.) Another IG report in March found that FBI retaliation against internal whistle-blowers was continuing despite years of bureau pledges to fix the problem. Last fall, Horowitz found that the FBI wasn’t adequately investigating “high-risk” employees who failed polygraph tests.

There have been other painful, more public failures as well: missed opportunities to prevent mass shootings that go beyond the much-publicized overlooked warnings in the Parkland, Fla., school killings; an anguishing delay in the sexual-molestation probe into Olympic gymnastics doctor Larry Nassar; and evidence of misconduct by agents in the aftermath of standoffs with armed militias in Nevada and Oregon. FBI agents are facing criminal charges ranging from obstruction to leaking classified material. And then there’s potentially the widest-reaching failure of all: the FBI’s miss of the Russian influence operation against the 2016 election, which went largely undetected for more than two years.

In the course of two dozen interviews for this story, agents and others expressed concern that the tumult is threatening the cooperation of informants, local and state police officials, and allies overseas. Even those who lived through past crises say the current one is more damaging. “We’ve seen ups and downs, but I’ve never seen anything like this,” says Robert Anderson, a senior official at the FBI who retired in 2015.

The FBI’s crisis of credibility appears to have seeped into the jury room. The number of convictions in FBI-led investigations has declined in each of the last five years, dropping nearly 11% over that period, according to a TIME analysis of data obtained from the Justice Department by researchers at Syracuse University. “We’ve already seen where the bad guys and witnesses look at those FBI credentials, and it might not carry the same weight anymore,” says O’Connor.

Indeed, public support for the FBI has plunged. A PBS NewsHour survey in April showed a 10-point drop–from 71% to 61%–in the prior two months among Americans who thought the FBI was “just trying to do its job” and an 8-point jump–from 23% to 31%–among those who thought it was “biased against the Trump Administration.”

The FBI, of course, continues to do good work. On April 25, local authorities in Sacramento and the FBI announced the dramatic arrest of the Golden State Killer. That same day it helped bust 39 people in Pennsylvania in a cocaine-trafficking investigation, 14 prison employees in South Carolina in a bribery case and two men in New Jersey in a $5.3 million tax-evasion probe. Assistant FBI Director William F. Sweeney Jr., who runs the New York field office and oversaw the April 9 raid against Trump’s personal lawyer Michael Cohen, says his agents’ response to the turmoil has been to “double down and [say], ‘Hey, we’re gonna keep on moving.’”

Some question whether the FBI has gotten too big and has been asked to do too many things. After 9/11, then FBI director Robert Mueller, who is now the special counsel leading the Russia probe, made massive new investments in counterterrorism and intelligence, shifting resources and investigative focus from white collar crime and bank robberies.

Many of the bureau’s woes developed on Comey’s 3½-year watch. They extend beyond the most visible controversies, like the Clinton email and Russia investigations, to his costly confrontation with Apple over unlocking an iPhone used by one of the terrorists in the San Bernardino, Calif., shooting in 2015, and beyond. Critics say Comey’s penchant for high-profile moral fights has, ironically, undermined the bureau’s reputation. Trump himself has used that line of argument to challenge the FBI.

Democrats have questioned the integrity of the bureau as well, with Clinton and her aides claiming Comey and the FBI helped tip the election to Trump. But the biggest difference between past crises and the current one, according to virtually everyone interviewed for this article, is the President. Trump has continually attacked the integrity of the institution and its leaders, alleging not just incompetence but bad faith in the commission of justice. Ronald Hosko, who retired in 2014 after 30 years at the bureau, compares the moment to a wildfire, saying Trump “is either the spark that creates the flames, or he’s standing there with a can of gas to stoke the flames.”

The bureau’s current director, Christopher Wray, recently said his first priority is to “try to bring a sense of calm and stability back to the bureau.” But the FBI is facing one of the greatest tests of its 110 years. In the coming months, it must fix a litany of internal problems, fend off outside attacks on its trustworthiness and pursue investigations touching on a sitting President, at the same time a growing number of Americans are asking themselves: Can we trust the FBI?

Last May, McCabe, then the FBI’s deputy director, sat down at the table in his seventh-floor office for a meeting with two agents from the inspections division. The agents had some questions about the Clinton Foundation leak just before the election. It was a quick meeting. McCabe, an FBI veteran who rose through the ranks over a 21-year career, told them he had “no idea” where the leak came from. The agents left after just five minutes or so, according to the Inspector General’s April 13 report.

McCabe had offered that same basic assurance months earlier to his boss, then director Comey, investigators said, and had angrily lit into FBI officials under him, suggesting the Clinton leak had come from their offices and telling one senior agent in Washington to “get his house in order.” But as it turned out, McCabe knew exactly where the leak had come from. He personally authorized it, Horowitz’s investigators found, to counter charges that he favored Clinton. (His wife received $467,500 from the PAC of a Clinton ally, then Virginia governor Terry McAuliffe, in a failed 2015 bid for state office.)

The McCabe findings have shaken the FBI. The bureau has massive power, and as a result, it has strict rules. Lying to investigators is considered a dire breach in an organization built on trust. The referral to the U.S. Attorney’s office, which emerged a week after the report was released, could result in charges against McCabe of making a false sworn statement. He has challenged the findings, disputing even the most basic elements, like how many people were in the room. The IG said it did not find many of his objections credible, with some elements contradicted by notes taken contemporaneously by an agent. McCabe previously called his firing part of a “war on the FBI” and the Russia investigation. But viewed against the backdrop of other Horowitz reports, McCabe’s alleged rule-breaking looks like part of a much larger problem.

In September, Horowitz found that bureau investigators had allowed employees with dubious polygraph results to keep their top-secret clearances for months or even years, posing “potential risks to U.S. national security.” In one instance, an FBI IT specialist with top-secret security clearance failed four polygraph tests and admitted to having created a fictitious Facebook account to communicate with a foreign national, but received no disciplinary action for that. In late 2016, Horowitz found that the FBI was getting information it shouldn’t have had access to when it used controversial parts of the Patriot Act to obtain business records in terrorism and counterintelligence cases.

Just as troubling are recent FBI missteps not yet under the IG’s microscope. At 2:31 p.m. on Jan. 5, the FBI’s round-the-clock tip center in West Virginia received a chilling phone call. The caller gave her name and said she was close to the family of an 18-year-old in Parkland, Fla., named Nikolas Cruz. Over 13 minutes, she said Cruz had posted photos of rifles he owned and animals he mutilated and that he wanted “to kill people.” She listed his Instagram accounts and suggested the FBI check for itself, saying she was worried about the thought of his “getting into a school and just shooting the place up,” according to a transcript of the call.

The FBI specialist checked Cruz’s name against a database and found that another tipster had reported 3½ months earlier that a “Nikolas Cruz” posted a comment on his YouTube channel saying, “I’m going to be a professional school shooter.” But neither tip was passed on to the FBI field agents in Miami or local officials in Parkland. After Cruz allegedly killed 17 people with an AR-15 rifle at his old school just six weeks later, the bureau admitted that it had dropped the ball and ordered a full review. “You look at this and say, ‘You’ve got to be kidding me,’” says Anderson, the former FBI official.

The Parkland shooting was only the latest in a string of devastating misses. After Omar Mateen shot and killed 49 people at the nightclub Pulse in Orlando in June 2016, the FBI said it had investigated him twice before on terrorism suspicions, but shut the inquiries for lack of evidence. The year before, after Dylann Roof shot to death nine African-American parishioners at a South Carolina church, the FBI acknowledged that lapses in its gun background-check system allowed him to illegally buy the .45-caliber handgun he used in the massacre. And in 2011, the FBI received a tip from Russian intelligence that one of the Boston Marathon bombers had become radicalized and was planning an overseas trip to join radical Islamic groups. The FBI in Boston investigated him but found no “nexus” to terrorism.

FBI agents at the damaged rear wall of the Pulse nightclub, where Omar Mateen killed 49 people in June 2016

FBI agents at the damaged rear wall of the Pulse nightclub, where Omar Mateen killed 49 people in June 2016
Joe Raedle—Getty Images

The Orlando shooting provoked more second-guessing in late March, when the shooter’s widow, Noor Salman, was acquitted on charges of aiding and abetting him and obstructing justice. The jury foreman pointed to inconsistencies in the FBI’s accounts of the disputed admissions that agents said Salman had made, according to the Orlando Sentinel. The judge also scolded the government after an FBI agent contradicted the government’s earlier claims that Salman and Mateen had cased the club.

The concerns about FBI testimony in a major terrorist prosecution underscore a larger question: Are people less likely to believe what the bureau says these days? In January, a federal judge threw out all the criminal charges against renegade Nevada cattleman Cliven Bundy, his two sons and a supporter who had been in an armed standoff over unpaid grazing fees. Judge Gloria Navarro accused the government of “outrageous” and “flagrant” misconduct, citing failures by both prosecutors and the FBI to produce at least 1,000 pages of required documents. The judge said the FBI misplaced–or “perhaps hid”–a thumb drive revealing the existence of snipers and a surveillance camera at the site of the standoff.

A related case in Oregon, growing out of the 2016 takeover of a wildlife refuge by Bundy’s sons and their followers, has not gone well for the FBI either. An agent at the scene, W. Joseph Astarita, is now charged with five criminal counts after prosecutors say he falsely denied shooting twice at an occupation leader who was fatally shot by police, who said he appeared to be reaching for his handgun during a roadside encounter. The Bundy sons and five supporters who helped in the takeover were found not guilty of conspiracy and weapons charges, in another jarring setback for the government.

Some legal experts and defense advocates see the string of recent not guilty verdicts as a sign that jurors and judges are less inclined to take what the FBI says in court at face value. Data examined by TIME support that conclusion. The number of convictions in FBI-led investigations dropped last year for the fifth consecutive year–from 11,461 in 2012 to 10,232, according to Syracuse University data, which was obtained under Freedom of Information Act requests.

Moreover, TIME’s analysis shows a surprisingly low rate of success for the thousands of cases the FBI investigates and sends to the Justice Department for possible prosecution. Over that same time period, the Justice Department has ultimately won convictions in fewer than half the cases the FBI referred for prosecution, with a conviction rate of 47% last year, the data showed. That fell well below the average of 72% for all agencies. Prosecutors themselves have rejected many of the FBI’s referrals before they ever got to court. The bureau’s low success rate in these cases has remained largely unchanged in recent years.

Federal prosecutors still win the bulk of the thousands of cases they choose to bring based on FBI investigations. Justice Department spokesman Ian Prior says a variety of factors could play into the drop in prosecutions and convictions over the last five years, including “de-emphasizing” some crimes under Obama-era policies and cutbacks in prosecutors in recent years. Prior says that “judging the performance of the FBI based on a minuscule sample of cherry-picked cases” ignores its thousands of annual convictions.

Gina Nichols, a nurse in Minnesota, says she never had strong impressions one way or the other about the FBI until her daughter Maggie Nichols, who was a member of the national gymnastics team, reported three years ago that team physician Larry Nassar had molested her. Gina waited anxiously for the FBI to contact her and interview Maggie. But no one did so for nearly a year as the case languished among different FBI field offices in Indianapolis, Detroit and Los Angeles. Nassar is believed to have molested dozens of additional victims over the course of that year. “It makes you sick,” Gina tells TIME. “I have a child who was sexually abused for 2½ years by an Olympic doctor, and the FBI did nothing.”

The FBI has opened an internal inquiry to determine why the Nassar investigations appear to have dragged on for so long. John Manly, a Southern California lawyer representing many of the women, says he is angry that no one from the FBI has contacted the victims to explain the delay. “Knowing that the best law-enforcement agency in the world knew exactly what he was up to and did nothing–I can’t explain that to them,” Manly says. “You’ve got people who were really hurt here, so fix it,” he says.

Perhaps the easiest problems to address are the internal lapses. Experts say putting assets and management attention back to work on cyber, counterintelligence and traditional crime after Mueller shifted them to counterterrorism would help. “There’s an overextension of the mission,” says Brian Levin, a professor of criminal justice at California State University, San Bernardino, who has worked with the FBI. Most of Horowitz’s reports include measures the FBI can take to address their problems, including stricter rules for investigating polygraph test failures and training to protect whistle-blowers.

A failure of imagination is harder to fix. Mueller’s Russia probe has found that Moscow’s operation against the 2016 election first got under way in 2014, but the FBI failed to grasp the scope and danger of what was unfolding. The bureau missed the significance of the damaging 2015 hack of the DNC database. And when the Russian operation began to heat up in the summer of 2016, the FBI was always a step behind the Russians, struggling to understand intelligence reports they were getting about possible connections between Moscow and Trump aides. The bureau also sat on the disputed “dossier” prepared by former British intelligence officer Christopher Steele.

A report released on April 27 by Republicans on the House Intelligence Committee found that the FBI was slow to confront the election meddling, especially in its failure to notify U.S. victims of Russian hacking quickly enough. The committee also charged that the bureau’s decision to surveil former Trump campaign adviser Carter Page was influenced by politics. At the same time, the GOP has pointed to text messages between FBI special agent Peter Strzok and FBI lawyer Lisa Page, which were critical of Trump–as well as many Democrats–to argue the bureau is fundamentally biased.

FBI Director Wray says the bureau has started “specific activities” to prevent election meddling by Moscow, but outsiders worry that the U.S. remains vulnerable this fall and beyond.

The most important thing the FBI can do to fix itself? Follow its own rules. In his handling of the Clinton email probe ahead of the 2016 election, Comey acted without telling the Justice Department what he planned to do. Comey is expected to come under fire in the upcoming IG report for breaking with Justice Department rules and norms by assuming authority usually held by prosecutors and speaking in public about a case that did not produce criminal charges, sources with knowledge of the report tell TIME. He will likely also be criticized for weighing in so close to the election in a way that could impact the outcome, sources familiar with the investigation say.

On his book tour, Comey has defended his decisions as the best way out of a bad situation. Facing what he called “a series of no-win decisions,” Comey says he did what he thought was necessary and transparent to protect the integrity of both the FBI and the legal process in such a high-profile case.

As he faces the crises at the FBI, Wray has told his senior aides to “keep calm and tackle hard.” Asked if recent misconduct cases concern Wray, FBI spokeswoman Jacqueline Maguire said the bureau’s 36,000 employees “are held to the highest standards of conduct–but as in any large organization, there may be occasions when an employee exercises poor judgment or engages in misconduct.” While she declined to discuss specific cases, Maguire said claims of misconduct are “taken seriously [and] investigated thoroughly,” leading to discipline when needed.

At FBI headquarters, agents and supervisors say they are keeping their heads down and focusing on their investigations. But the building is literally crumbling around them–Comey kept in his office a slab of concrete that had fallen off the side. Designs for a new complex were scrapped in February. Visible across Pennsylvania Avenue from the main entrance, with J. Edgar Hoover’s tarnished name above it, is the gleaming, gold-plated sign on the newly renovated Trump International Hotel.

Trump’s attacks on the FBI have been filled with inaccuracies and innuendo, wrongly claiming on Twitter, for instance, that McCabe was in charge of the Clinton email investigation. Trump makes a point of praising rank-and-file agents, but his punches have landed inside the FBI and out. Some worry the damage may take years to repair. “I fear Trump’s relentless attacks on the institution are having an effect on the public’s confidence in the FBI,” says Matthew S. Axelrod, a senior Justice Department official in the Obama Administration.

Mueller may play an outsize role in how his old agency gets through the current crisis. If the special counsel finds that Russia did collude with members of the Trump campaign–the central question in his investigation–and any perpetrators are charged and found guilty in court, it would rebut Trump’s charges of a “witch hunt.” If Mueller finds no evidence of collusion, or declines to make it public, it would open the door for Trump and his campaign to paint the FBI as a band of partisan hacks with a reputation, as he has tweeted, “in tatters.”

There may be no immediate way to fix a place with as many missions and masters as the FBI. One official, asked what it would take for the FBI to move past all the controversy, paused and said simply, “Time.” Many hope that the extraordinary confluence of events that drew the FBI into the 2016 election will prove to be, as Comey called it, “a 500-year flood” that won’t repeat itself anytime soon.

Others are doubtful. Jeffrey Danik, a retired FBI agent in Florida who now works with whistle-blowers at the bureau, blames the state of affairs on “a severe lack of leadership” and transparency at headquarters in owning up to recent mistakes. Those damaging failures, he says, “have just about pushed our incredible organization over the brink.” For now, everyone inside and out who cares about the reliability of law enforcement in America is left hoping that the bureau has at least started on the road back.

Qasem Soleimani, Marshal of Global Terror and Money Laundering

Primer: Qasem Soleimani, the military maestro of the IRGC, commanded the base that attacked Israel earlier this week. Further, the Israelis asked permission to assassinate Soleimani during the Obama administration. They were denied and Obama officials leaked the plot to Iran. Now, that same request has apparently been asked of the Trump administration and the request was approved.

General Qassem Suleimani: The Thinker Of Our Time ...

Soleimani has a long terror history, globally.

Tower: The United States Treasury Department, working with authorities in the United Arab Emirates, broke up a money laundering scheme that provided millions of dollars to Iran’s Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), Reuters reported Thursday.

Treasury designated six individuals and three business entities for their role in the scheme. The UAE, where companies facilitating the money laundering were located, but the same people and entities on its list of terrorists and terror organizations that do business with the IRGC-QF.

In a statement announcing the new sanctions, Treasury Secretary Steven T. Mnuchin said, “The Iranian regime and its Central Bank have abused access to entities in the UAE to acquire U.S. dollars to fund the IRGC-QF’s malign activities, including to fund and arm its regional proxy groups, by concealing the purpose for which the U.S. dollars were acquired. As I said following the President’s announcement on Tuesday, we are intent on cutting off IRGC revenue streams wherever their source and whatever their destination. Today we are targeting Iranian individuals and front companies engaged in a large-scale currency exchange network that has procured and transferred millions to the IRGC-QF.”

Mnuchin thanked the UAE for its “close collaboration” in disrupting the money laundering and called on all nations to “be vigilant” in fighting Iranian attempts at money-laundering to “fund the nefarious actors of the IRGC-QF and the world’s largest state sponsor of terror.”

United States and United Arab Emirates disrupt large scale currency exchange network transferring millions of dollars to Iran’s Islamic Revolutionary Guard Corps-Qods Force: Exchange Network CHART:

Reuters described the IRGC as Iran’s “most powerful security entity,” with control over a large share of Iran’s economy. IRGC-QF is described as “an elite unit in charge of the IRGC’s overseas operations.”

In 2015, Reuters reported that more than $1 billion in cash had been smuggled into Iran despite sanctions, utilizing “money changers and front companies in Dubai, in the United Arab Emirates and Iraq.” Iran preferred using a network of front companies to handle the money laundering in order to conceal “the overall size of the dollar-purchasing operation.”

When he announced the United States’ withdrawal from the nuclear deal earlier this week, President Donald Trump gave companies either three month or six months to wind down their dealings with Iran.

Law Enforcement can Find your Cell Phone in Seconds

Lots of applications here, some rather scary, others real terrifying while others are rewarding. Make your own decision(s). As an aside, we can only hope there is no Chinese technology involved or data is sold without knowledge or permission.

The service provided by Securus reveals a potential weakness in a system that is supposed to protect the private information of millions of cellphone users. With customers’ consent, carriers sell the ability to acquire location data for marketing purposes like providing coupons when someone is near a business, or services like roadside assistance or bank fraud protection. Companies that use the data generally sign contracts pledging to get people’s approval — through a response to a text message, for example, or the push of a button on a menu — or to otherwise use the data legally.

But the contracts between the companies, including Securus, are “the legal equivalent of a pinky promise,” Mr. Wyden wrote. The F.C.C. said it was reviewing the letter.

Courts are split on whether investigators need a warrant based on probable cause to acquire location data. In some states, a warrant is required for any sort of cellphone tracking. In other states, it is needed only if an investigator wants the data in real time. And in others no warrant is needed at all.

https://images-na.ssl-images-amazon.com/images/G/01/aplus/detail-page/B0079SR572_securus_201304294_4627.jpg photo

The Justice Department has said its policy is to get warrants for real-time tracking. The Supreme Court has ruled that putting a GPS tracker on a car counts as a search under the Fourth Amendment, but this was because installing the device involved touching a person’s property — something that doesn’t happen when a cellphone is pinged.

Phone companies have a legal responsibility under the Telecommunications Act to protect consumer data, including call location, and can provide it in response to a legal order or sell it for use with customer consent. But lawyers interviewed by The New York Times disagreed on whether location information that was not gathered during the course of a call had the same protections under the law.

As long as they are following their own privacy policies, carriers “are largely free to do what they want with the information they obtain, including location information, as long as it’s unrelated to a phone call,” said Albert Gidari, the consulting director of privacy at the Stanford Center for Internet and Society and a former technology and telecommunications lawyer. Even when the phone is not making a call, the system receives location data, accurate within a few hundred feet, by communicating with the device and asking it which cellphone towers it is near.

Other experts said the law should apply for any communications on a network, not just phone calls. “If the phone companies are giving someone a direct portal into the real-time location data on all of their customers, they should be policing it,” said Laura Moy, the deputy director of the Georgetown Law Center on Privacy & Technology.

***

Thousands of jails and prisons across the United States use a company called Securus Technologies to provide and monitor calls to inmates. But the former sheriff of Mississippi County, Mo., used a lesser-known Securus service to track people’s cellphones, including those of other officers, without court orders, according to charges filed against him in state and federal court.

The service can find the whereabouts of almost any cellphone in the country within seconds. It does this by going through a system typically used by marketers and other companies to get location data from major cellphone carriers, including AT&T, Sprint, T-Mobile and Verizon, documents show.

Between 2014 and 2017, the sheriff, Cory Hutcheson, used the service at least 11 times, prosecutors said. His alleged targets included a judge and members of the State Highway Patrol. Mr. Hutcheson, who was dismissed last year in an unrelated matter, has pleaded not guilty in the surveillance cases.

As location tracking has become more accurate, and as more people carry their phones at every waking moment, the ability of law enforcement officers and companies like Securus to get that data has become an ever greater privacy concern. Important to read more here.

CIA Haspel Confirmation: Sen. Warner and Harris can GTH

The open session in the Senate for the confirmation of Gina Haspel to be the new Director of CIA quickly became a contest between Democrats in the committee on who maintained the higher moral authority all at the expense of Gina Haspel. Countless questions were asked in various forms on the enhanced interrogation techniques, torture and the destruction by Jose Rodriguez of the video tapes on an interrogation session with one al Qaeda detainee.

Remember, it is the Democrat party that is good with abortion, late term abortion that is when a fetus can live and thrive outside the womb. Death versus waterboarding…humm and by the way, not one Democrat mentioned that the Army Field Manual included waterboarding and that during SERE training, our military personnel are waterboarded.

The CIA does not do interrogations, it is contracted out to professionals. Document below as explained by an interrogator.

 

An Interrogator Breaks His Silence by J. Swift (TWS) on Scribd

At the end of the open confirmation session, Senator Burr asked Gina Haspel to explain who Khalid Sheikh Mohammed and Abd al Rahim al Nashiri were. She responded in detail.

Un tribunal militar de EEUU ultima el juicio al cerebro ... photo

On the matter of al Nashiri, below is a fact that should tell you the reader just how twisted things get regarding the war on terror. Enter Navy Lt. Alaric Piette and al Nashiri. Everyone deserves a lawyer, but c’mon.

The bombing of the USS Cole in Yemen was concocted by al Nashiri along with Fahd al Quso and Jamal al Badawi.

*** Attorney Navy Lt. Alaric Piette, with his SEAL trident topping his uniform, at the U.S. Navy base at Guantánamo Bay, Cuba, on Nov. 3, 2017.Attorney Navy Lt. Alaric Piette, with his SEAL trident topping his uniform, at the U.S. Navy base at Guantánamo Bay, Cuba, on Nov. 3, 2017. Carol Rosenberg

2017:

After suicide bombers attacked the USS Cole 17 years ago, this young Navy SEAL from Wisconsin would have gladly risked his life on a mission to snatch someone suspected of plotting the attack that killed 17 U.S. sailors.

Now, the former SEAL sits in the war court with the man accused of orchestrating the bombing that killed his shipmates. And Navy Lt. Alaric Piette, 39, is navigating a different kind of treacherous assignment.

Piette, a lawyer for just five years, is the lone attorney in court representing Saudi captive Abd al Rahim al Nashiri, whose long-serving death-penalty defender and two other civilian lawyers quit the case over a clandestine ethical conflict. So across two weeks of court hearings, Piette has answered the trial judge’s instruction to litigate by arguing that until a new capital defender is found, the case cannot go on.

“When military attorneys are assigned to these cases, people just expect us to go along and roll over. And I’m not going to,” Piette said in an interview at the end of a week in which the judge sentenced the Marine general overseeing the defense teams to 21 days confinement for letting Nashiri’s civilian lawyers quit.

Piette was one of the last military attorneys hired on the team led by Rick Kammen, the 71-year-old capital defense attorney from Indiana who for years led a constantly changing cast of military lawyers with a kangaroo pin on his lapel to express his contempt for the war court system.

Their courtroom style is a study in contrasts.

Where Kammen wore a kangaroo pin, Piette wears the coveted trident of a SEAL, the elite Navy unit whose slogan is “the only easy day was yesterday.”

Where Kammen was confrontational in both words and attire, Piette has been nothing but courteous, even as he has explained again and again that he must sit mute alongside Nashiri, litigate no motions and question no witnesses until a qualified death-penalty defense attorney arrives in court.

Nashiri, 52, is accused of orchestrating al-Qaida’s Oct. 12, 2000, bombing of the Cole while it was on a resupply mission off Aden, Yemen. Two men pulled alongside in an explosives-laden skiff, ostensibly to collect the ship’s garbage, then blew themselves up.

Nashiri was captured in Dubai in 2002 and held for four years in the CIA’s Black Sites, where he was waterboarded, rectally abused and subjected to other torture techniques. He was first charged at Guantánamo in 2011, five years after his arrival. All those circumstances have caused delays in getting him to trial.

After a clearly frustrated lead prosecutor Mark Miller fired off an invective against defense lawyers — accusing the Marine general in charge of “obstruction” and the civilian attorneys of adopting a “scorched-earth strategy,” and calling Piette “a potted plant defense” — the soft-spoken Navy lieutenant responded with this:

“What I am asking — the only reason I’m up here now — is to ask the courts, when they’re looking at this on the record, to look deeply and without the hats of cynicism and understand that everybody here cares about justice and getting to the truth.”

Kammen spent years overtly salting the record with asides for a post-conviction appeal in civilian courts. With that remark, Piette did the same.

The contrast doesn’t end there. Kammen started practicing law seven years before Piette was born in Wisconsin to a family of Belgian ancestry. Kammen says he has defended about 40 capital cases, none ending in a death sentence, and has never voluntarily left one before. Kammen handled his first capital case before Piette was in first grade.

Piette has worked on none.

But on one issue they are in agreement: Something secret has gone on at the prison to make it impossible for any defense attorney to trust in the confidentiality of privileged attorney-client conversations. And because it’s classified, neither Nashiri nor the public can know precisely what it is.

Piette says he has the same ethical conflict as the three lawyers who quit: He can’t carry on confidential conversations with Nashiri, and can’t provide the Saudi with a classified explanation. But he has stayed on the case in part because, as a military attorney, it took him longer to get an ethics opinion through Navy channels. By then, Kammen and fellow civilian defenders Rosa Eliades and Mary Spears had all resigned.

“The only reason I think I can stay on right now is because I view my scope of representation as limited solely to getting him a learned counsel, and making sure that his rights aren’t violated while he doesn’t have learned counsel,” Piette said. “I am not representing him on substantive matters for the trial.”

Now, he said, he has a duty to represent Nashiri — not by arguing motions or filing new pleadings but by helping him find capital counsel.

Only after that person is found, gets top secret clearances, reads the record, and finds out about the classified confidentiality problem, might that attorney decide whether he or she is ethically bound to quit the case as well.

The trial judge, Air Force Col. Vance Spath, meantime has been hearing from witnesses on potential trial evidence — basic litigation, as the judge sees it, that any lawyer with court-martial experience can handle.

“Death is different,” says Piette. Last week he responded to every opportunity to argue or cross-examine witnesses by saying the defense has no position because no learned counsel is in court. Spath, who at one point considered holding Piette in contempt, replied on Friday: “There is a position and a strategic decision from the defense and the defense community.”

Three more military defense attorneys are waiting in the wings — two from the Air Force, the other a Marine. None is death-penalty qualified. But, to Spath’s annoyance, Piette sits there alone.

“I think Colonel Spath, whom I have a lot of respect for, is in a bad position,” Piette said, explaining that the Manual for Military Commissions gives the chief defense counsel authority to hire and fire. That authority exists in “no other court in the United States,” he said.

In other U.S. courts an attorney of record must go before a judge to be released from a case. Spath argues his power is the same.

So much so that, after Marine Brig. Gen. John Baker, the chief defense counsel for military commissions, refused to return Kammen and the other civilian attorneys to the case, the judge found the general in contempt of the war court and ordered him confined to his quarters in a trailer park behind the court for 21 days. A senior Pentagon official suspended that sentence after 48 hours.

Piette got to the case in April and only got a clearance to begin seeing classified material in June.

But he said that even while he was a junior lawyer representing sailors accused of housing allowance fraud, he followed Guantánamo’s USS Cole case. Navy colleagues and mentors had served as defense attorneys at the military commissions.

Tom Clancy novels, Michael Bay movies and a shadowy terrorist named Osama bin Laden drew him to the SEALs from high school, Piette said. By his account, he didn’t really know anything about al-Qaida but from the news, but he was well aware of the “audacious” Feb. 26, 1993, first World Trade Center bombing and enlisted four years later.

After six months of indoctrination and Basic Underwater Demolition SEALS training, he was assigned to SEAL Team Two.

“I had joined the Navy because I thought there was this covert war on terror going on,” he said. “I thought it was clear, if they’re willing to do that, they’re not going to stop. So we must be fighting this war out there, that’s a secret nobody knows about. And I wanted to be part of that; thought that would be cool.”

He felt that even more so after the bombing of the USS Cole. “I thought after the Cole happened that we were going to go to war and start doing the things I came in to do. We didn’t. Not until after September 11th.”

Piette says that he never saw combat as a SEAL and never fired a shot outside training, and his missions were mostly “recons” and the occasional “snatch and grab” in Kosovo, a hot area of commando activity at the time. He didn’t know much about who the targets were, but says he believes they were mostly weapons smugglers who were ultimately let go.

Had his team been ordered to snatch someone suspected of being the USS Cole bomber, Piette “would’ve been happy to do it,” he said. “Whoever did this killed my fellow sailors. I would’ve been eager to do it.

“I actually had to have a friend talk me down about my anger about the issue. He said, ‘Look, it’s upsetting but at the same time that’s why we’re here, that’s why we wear the uniform. So we’re the targets.’ ”

Truth be told, he said, had a target ever been identified for a snatch-and grab, that assignment would have no doubt gone to SEAL Team Six, the best of the best. But none was.

It was only after he left the Navy, got a bachelor’s degree at Old Dominion University and went on to study law at Georgetown that he began to think hard about defendants and due process.

He said he studied law “intending to become rich,” and pay for his degree. But at a Georgetown legal clinic he found his calling in criminal defense. If the Public Defender Service for the District of Columbia had accepted his application, he said, he never would have turned to the Navy Judge Advocate General’s Corps.

In his five years as a naval officer, he has tried 15 cases to court martial verdict. Probably the most serious crime he handled was a sailor accused of attempted murder. Piette, who got it reduced to battery, called it classic prosecution overcharging.

But he says he’s learned a lot from his clients — about human struggle and consequences — and to distrust career prosecutors, whom he describes as “often arrogant and smug.”

“Prosecutors tend to be so judgmental and dismissive of these human beings and think that people make out these well thought-out deliberate choices. It’s just people, living.”

Now the lone defense lawyer in court, he said his time as a SEAL is serving him well. “Sometimes I miss parts of it but I’ve found my calling as a criminal defense lawyer.” Being in the teams taught him “the paramount importance of disciplined and thorough preparation.”

It sounds nerdy, perhaps dull — not exactly fodder for an action thriller. But this is a man who points to his favorite part of the SEAL code as this: “Excel as warriors through discipline and innovation.”

 

 

 

Eric Schneiderman/Harvey Weinstein and Sexual Abuse?

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Eric Schneiderman is the current Attorney General of New York. And already Governor Cuomo is calling for his resignation. Schneiderman has joined 8 other AG’s against Scott Pruitt at the EPA over applying limited science on decisions made on public health and the environment. Schneiderman has also made it a personal and professional challenge to take down Donald Trump as the leader of the resistance. Hillary is sitting on the sidelines at the moment.

Schneiderman also worked diligently of the case involving Trump University where it appears a settlement was reached.

Okay so hold on for this story, breaking all over this Monday night.

Eric Schneiderman Is Still Seeking Justice for the ...

The New Yorker: Eric Schneiderman, New York’s attorney general, has long been a liberal Democratic champion of women’s rights, and recently he has become an outspoken figure in the #MeToo movement against sexual harassment. As New York State’s highest-ranking law-enforcement officer, Schneiderman, who is sixty-three, has used his authority to take legal action against the disgraced film mogul Harvey Weinstein, and to demand greater compensation for the victims of Weinstein’s alleged sexual crimes. Last month, when the Times and this magazine were awarded a joint Pulitzer Prize for coverage of sexual harassment, Schneiderman issued a congratulatory tweet, praising “the brave women and men who spoke up about the sexual harassment they had endured at the hands of powerful men.” Without these women, he noted, “there would not be the critical national reckoning under way.”

Now Schneiderman is facing a reckoning of his own. As his prominence as a voice against sexual misconduct has risen, so, too, has the distress of four women with whom he has had romantic relationships or encounters. They accuse Schneiderman of having subjected them to nonconsensual physical violence. All have been reluctant to speak out, fearing reprisal. But two of the women, Michelle Manning Barish and Tanya Selvaratnam, have talked to The New Yorker on the record, because they feel that doing so could protect other women. They allege that he repeatedly hit them, often after drinking, frequently in bed and never with their consent. Manning Barish and Selvaratnam categorize the abuse he inflicted on them as “assault.” They did not report their allegations to the police at the time, but both say that they eventually sought medical attention after having been slapped hard across the ear and face, and also choked. Selvaratnam says that Schneiderman warned her he could have her followed and her phones tapped, and both say that he threatened to kill them if they broke up with him. (Schneiderman’s spokesperson said that he “never made any of these threats.”)

A third former romantic partner of Schneiderman’s told Manning Barish and Selvaratnam that he also repeatedly subjected her to nonconsensual physical violence, but she told them that she is too frightened of him to come forward. (The New Yorker has independently vetted the accounts that they gave of her allegations.) A fourth woman, an attorney who has held prominent positions in the New York legal community, says that Schneiderman made an advance toward her; when she rebuffed him, he slapped her across the face with such force that it left a mark that lingered the next day. She recalls screaming in surprise and pain, and beginning to cry, and says that she felt frightened. She has asked to remain unidentified, but shared a photograph of the injury with The New Yorker.

In a statement, Schneiderman said, “In the privacy of intimate relationships, I have engaged in role-playing and other consensual sexual activity. I have not assaulted anyone. I have never engaged in nonconsensual sex, which is a line I would not cross.”

Manning Barish was romantically involved with Schneiderman from the summer of 2013 until New Year’s Day in 2015. Selvaratnam was with him from the summer of 2016 until the fall of 2017. Both are articulate, progressive Democratic feminists in their forties who live in Manhattan. They work and socialize in different circles, and although they have become aware of each other’s stories, they have only a few overlapping acquaintances; to this day, they have never spoken to each other. Over the past year, both watched with admiration as other women spoke out about sexual misconduct. But, as Schneiderman used the authority of his office to assume a major role in the #MeToo movement, their anguish and anger grew.

In February, four months after the first stories about Weinstein broke, Schneiderman announced that his office was filing a civil-rights suit against him. At a press conference, he denounced Weinstein, saying, “We have never seen anything as despicable as what we’ve seen right here.” On May 2nd, at the direction of Governor Andrew Cuomo, Schneiderman launched an investigation into the past handling of criminal complaints against Weinstein by the Manhattan District Attorney, Cyrus Vance, Jr., and the New York City Police Department. (In 2015, Vance declined to bring criminal charges against Weinstein, saying that he lacked sufficient evidence—a decision criticized by activist groups.) In a speech, Cuomo explained that “sexual-assault complaints must be pursued aggressively, and to the fullest extent of the law.” The expanding investigation of the Weinstein case puts Schneiderman at the center of one of the most significant sexual-misconduct cases in recent history.

Schneiderman’s activism on behalf of feminist causes has increasingly won him praise from women’s groups. On May 1st, the New York-based National Institute for Reproductive Health honored him as one of three “Champions of Choice” at its annual fund-raising luncheon. Accepting the award, Schneiderman said, “If a woman cannot control her body, she is not truly equal.” But, as Manning Barish sees it, “you cannot be a champion of women when you are hitting them and choking them in bed, and saying to them, ‘You’re a fucking whore.’ ” She says of Schneiderman’s involvement in the Weinstein investigation, “How can you put a perpetrator in charge of the country’s most important sexual-assault case?” Selvaratnam describes Schneiderman as “a Dr. Jekyll and Mr. Hyde” figure, and says that seeing him lauded as a supporter of women has made her “feel sick,” adding, “This is a man who has staked his entire career, his personal narrative, on being a champion for women publicly. But he abuses them privately. He needs to be called out.”

Manning Barish notes that many of her friends attended the N.I.R.H. luncheon. “His hypocrisy is epic,” she says. “He’s fooled so many people.” Manning Barish includes herself among them. She says that she met Schneiderman in July, 2013, through mutual friends. She had become a blogger and political activist after opposing her younger brother’s deployment to Iraq and working with groups such as MoveOn.org. Amicably divorced from Chris Barish, a hospitality-industry executive, she was a single mother with a young daughter and socially prominent friends. Schneiderman, who was rising in Democratic politics after being elected attorney general, in 2010, was also divorced. His ex-wife, Jennifer Cunningham, a lobbyist and political strategist at the firm SKDKnickerbocker, currently serves as one of his political consultants. They have a grown daughter.

Manning Barish says that she fell quickly for Schneiderman and was happy to be involved with someone who seemed to share her progressive idealism and enjoy her feistiness. Page Six chronicled the romance, calling her a “ravishing redhead” and noting that, at a fund-raiser, the television producer Norman Lear had introduced her as Schneiderman’s “bride-to-be.”

But Manning Barish began to see signs of controlling and abusive behavior. Soon after she started dating Schneiderman, he told her to remove a small tattoo from her wrist; it wasn’t appropriate, he said, if she were to become the wife of a politician. The process of having it removed was painful and expensive. In retrospect, she says, it was the first step in trying to control her body. “Taking a strong woman and tearing her to pieces is his jam,” she says.

About four weeks after they became physically involved, she says, Schneiderman grew violent. One night, they were in the bedroom of his Upper West Side apartment, still clothed but getting ready for bed, and lightly baiting each other. As she recalls it, he called her “a whore,” and she talked back. They had both been drinking, and her recollection of their conversation is blurry, but what happened next remains vivid. Schneiderman, she says, backed her up to the edge of his bed. “All of a sudden, he just slapped me, open handed and with great force, across the face, landing the blow directly onto my ear,” Manning Barish says. “It was horrendous. It just came out of nowhere. My ear was ringing. I lost my balance and fell backward onto the bed. I sprang up, but at this point there was very little room between the bed and him. I got up to try to shove him back, or take a swing, and he pushed me back down. He then used his body weight to hold me down, and he began to choke me. The choking was very hard. It was really bad. I kicked. In every fibre, I felt I was being beaten by a man.”

She finally freed herself and got back on her feet. “I was crying and in shock,” she says. She recalls shouting, “Are you crazy?” To her astonishment, Schneiderman accused her of scratching him. At one point—she can’t remember if it was at this moment or in a later conversation—he told her, “You know, hitting an officer of the law is a felony.”

After the incident, Manning Barish left the apartment, telling him that she would never come back. “I want to make it absolutely clear,” she says. “This was under no circumstances a sex game gone wrong. This did not happen while we were having sex. I was fully dressed and remained that way. It was completely unexpected and shocking. I did not consent to physical assault.”

In the following days, Manning Barish confided to three close female friends that Schneiderman had hit her. All of them have confirmed this to The New Yorker. “She was distraught,” one of the friends, a high-profile media figure, says. “She was very, very upset. This wasn’t a gentle smack. He clocked her ear. I was shocked.” She notes, “Michelle had mentioned that he drank a lot, and that he changed under the influence of alcohol, but I’d never anticipated that he would be violent.” The friend describes Manning Barish as having seemed “sad” and “torn,” because “she’d really wanted the relationship to work.”

The novelist Salman Rushdie, who dated Manning Barish before Schneiderman did, and who has been her close friend for nearly fifteen years, says that she confided in him as well. “She called me and told me he had hit her,” Rushdie recalls. “She was obviously very upset. I was horrified.” In his view, Schneiderman’s behavior does not fall into the kind of gray area that should remain private. “It was clear to me that it crossed a line,” he says. Rushdie, who describes Manning Barish as “a very truthful person in my experience,” advised her to stay away from Schneiderman.

But Manning Barish went back to him, a decision that she regrets. After the attack, she says, Schneiderman “called and called” her. A few days later, on a weekday afternoon, his security detail drove him to her apartment, and he showed up at her door with an armload of flowers and a case of wine. She found the wine surprising, given the fact that alcohol had fuelled his violent behavior. She recalls saying over and over, “You hit me! You hurt me! You should never hit a woman!” But he didn’t want to talk about having hit her. “The hitting was not an issue for him,” she says. Before long, they reconciled.

Manning Barish says that her ear bothered her for months. It often felt painful and clogged, and she kept hearing odd gurgling sounds. Once, blood trickled out, reaching her collarbone. Eventually, Manning Barish sought medical help from Dr. Gwen Korovin, an ear, nose, and throat specialist. Manning Barish shared her medical records with The New Yorker. They confirm that, on September 13, 2014, Korovin found and removed “dried bloody crust” from Manning Barish’s ear. Manning Barish thought that the slap might have caused the injury, but when Korovin asked her what had happened she said that she might have injured herself with a Q-tip. “I was protecting Eric,” Manning Barish says. “And I was ashamed. For victims, shame plays a huge role in most of these stories. I want people to know that.” Korovin was asked by The New Yorker if the injury could have been caused by a slap. “Yes, it could be consistent with a slap,” she said. “You could perforate an eardrum in a lot of ways, with a Q-tip or with a slap.”

Manning Barish and Schneiderman were together, off and on, for nearly two years. She says that when they had sex he often slapped her across the face without her consent, and that she felt “emotionally battered” by cruel remarks that he made. She says that he criticized how she looked and dressed, and “controlled what I ate.” Manning Barish, who is five feet seven, lost thirty pounds, falling to a hundred and three. In a photograph from the period, she looks emaciated; her hair, she recalls, started to fall out. Nevertheless, he squeezed her legs and called them “chubby.”

Manning Barish says that Schneiderman pressed her to consume huge amounts of alcohol. She recalls, “I would come over for dinner. An already half-empty bottle of red wine would be on the counter. He had had a head start. ‘Very stressful day,’ he would say.” Sometimes, if she didn’t drink quickly enough, she says, he would “come to me like a baby who wouldn’t eat its food, and hold the glass to my lips while holding my face, and sweetly but forcefully, like a parent, say, ‘Come on, Mimi, drink, drink, drink,’ and essentially force me—at times actually spilling it down my chin and onto my chest.” Schneiderman, she recalls, “would almost always drink two bottles of wine in a night, then bring a bottle of Scotch into the bedroom. He would get absolutely plastered five nights out of seven.” On one occasion, she recalls, “he literally fell on his face in my kitchen, straight down, like a tree falling.” Another evening, he smashed his leg against an open drawer, cutting it so badly that “there was blood all over the place.” She bandaged it, but the next day she went to his office to change the dressing, because the bleeding hadn’t stopped.

Manning Barish says that Schneiderman also took prescription tranquillizers, and often asked her to refill a prescription that she had for Xanax, so that he could reserve “about half” the pills for himself. (Schneiderman’s spokesperson said that he has “never commandeered anyone’s medications.”) Sometimes in bed, she recalls, he would be “shaking me and grabbing my face” while demanding that she repeat such things as “I’m a little whore.” She says that he also told her, “If you ever left me, I’d kill you.”

Evan Stark, a forensic social worker and an emeritus professor at Rutgers, is the author of a landmark book, “Coercive Control,” in which he argues that domestic abuse is just as often psychological as it is physical. Abusive men, he writes, often “terrorize” and “control” their partners by demeaning them, particularly about the traits or accomplishments of which they are proudest. Manning Barish says that Schneiderman often mocked her political activism. When she told him of her plan to attend an anti-gun demonstration with various political figures and a group of parents from Sandy Hook Elementary School, he dismissed the effort, calling the demonstrators “losers.” He added, “Go ahead, if it makes you feel better to do your little political things.” When she was using her computer, he’d sometimes say, “Oh, look at little Mimi. So cute—she’s working!” He told Manning Barish that, because she had childcare, she wasn’t “a real mother.”

Manning Barish broke up with Schneiderman a second time, and then got back together with him. He’d been talking about marrying her, she says, and she somehow convinced herself that the real problem between them was her fear of commitment. In January, 2015, she ended the relationship a third time, feeling degraded. After that, they got together romantically a few more times, but since 2016 she has been in touch with him only sporadically.

Since the #MeToo movement began, Manning Barish has been active on social-media platforms, cheering on women who have spoken out, including those whose accusations prompted the resignation of the Minnesota senator Al Franken, a widely admired Democrat. Once, she made an oblique reference to Schneiderman on social media, in connection with a political issue. He called her and, in a tone that she describes as “nasty,” said, “Don’t ever write about me. You don’t want to do that.” Manning Barish says that she took his remarks as a threat, just as she took seriously a comment that he’d once made after she objected to him “yanking” her across a street. She recalls saying to him, “Jaywalking is against the law,” and him responding, “I am the law.” Manning Barish says, “If there is a sentence that sums him up, it’s that.”

Schneiderman was elected to the New York State Senate in 1998, and served for twelve years. He wrote many laws, including one that created specific penalties for strangulation. He introduced the bill in 2010, after chairing a committee that investigated domestic-violence charges against the former state senator Hiram Monserrate, a Democrat, who was expelled from the legislature after having been convicted of assaulting his girlfriend. During the hearings, the legislators learned that New York State imposed no specific criminal penalty for choking, even though it is a common prelude to domestic-violence homicides. Not only did Schneiderman’s bill make life-threatening strangulation a grave crime; it also criminalized less serious cases involving “an intent to impede breathing” as misdemeanors punishable by up to a year in prison. “I’m just sorry it took us so long in New York State to do this,” Schneiderman declared at the time. “I think this will save a lot of lives.”

Jennifer Friedman, a legal expert on domestic violence, says that she cannot square Schneiderman’s public and private behavior. Anyone knowledgeable about intimate-partner violence, she says, knows that choking is “a known lethality indicator.” She adds, “I cannot fathom that someone who drafted the legislation on strangulation is unfamiliar with such concepts.” She also says, “A slap is not just a slap—it reverberates through the rest of the relationship, making her afraid of setting him off.” She adds, “People aren’t usually prosecuted for it, but, in the state of New York, slapping is assault when it results in pain or physical injury.”

In the summer of 2016, the attorney general may have crossed this line again. He went to a party in the Hamptons, where he drank heavily, and invited another guest—a woman he’d known for some time—to join him at an after-party. An accomplished Ivy League-educated lawyer with government experience, she had worked closely with his office in the past, and supported him politically. She says that she agreed to let a man in Schneiderman’s security detail drive them to the next destination. But, when they arrived at the house, there was no party; it was where Schneiderman was staying. The security officer left the property.

The lawyer and Schneiderman began making out, but he said things that repelled her. He told the woman, a divorced mother, that professional women with big jobs and children had so many decisions to make that, when it came to sex, they secretly wanted men to take charge. She recalls him saying, “Yeah, you act a certain way and look a certain way, but I know that at heart you are a dirty little slut. You want to be my whore.” He became more sexually aggressive, but she was repulsed by his talk, and pulled away from him. She says that “suddenly—at least, in my mind’s eye—he drew back, and there was a moment where I was, like, ‘What’s happening?’ ” Then, she recalls, “He slapped me across the face hard, twice,” adding, “I was stunned.”

Schneiderman hit her so hard, she says, that the blow left a red handprint. “What the fuck did you just do?” she screamed, and started to sob. “I couldn’t believe it,” she recalls. “For a split second, I was scared.” She notes that, in all her years of dating, she has never been in a situation like the one with Schneiderman. “He just really smacked me,” she says.

When she told him that she wanted to leave, she recalls, he started to “freak out,” saying that he’d misjudged her. “You’d really be surprised,” he claimed. “A lot of women like it. They don’t always think they like it, but then they do, and they ask for more.” She again demanded to be taken home. They got into his car, and it quickly became apparent how intoxicated he was. As he drove, weaving along back roads, she was terrified that he’d kill not just her but another driver. She says that Schneiderman “broke the law at least once that night.” (“This is untrue,” Schneiderman’s spokesperson said.)

The next day, she told two friends, and sent them a photograph of the mark on her face. (Both women corroborate this.) Another photograph of the lawyer, taken later that day at a family birthday party, shows faint raised marks splayed on her cheek. One of the friends says of Schneiderman, “He seemed not to know what the word ‘consent’ means.”

Given the woman’s prominence in the legal sphere, Schneiderman’s actions had exposed him to tremendous risk. Yet she took no official action against him. “Now that I know it’s part of a pattern, I think, God, I should have reported it,” she says. “But, back then, I believed that it was a one-time incident. And I thought, He’s a good attorney general, he’s doing good things. I didn’t want to jeopardize that.” She notes that he did not hit her again, after she protested. Nevertheless, she says of the assault, “I knew it was wrong,” adding, “Our top law officer, this guy with a platform for women’s rights, just smacked away so much of what I thought he stood for.”

Tanya Selvaratnam is the author of “The Big Lie: Motherhood, Feminism, and the Reality of the Biological Clock,” which explores infertility issues; she is also an actor and a film producer, as well as a supporter of feminist and progressive social causes. She, too, is divorced. In 2016, she attended the Democratic National Convention, in Philadelphia, where Schneiderman introduced himself to her. She says that their first encounter felt “like kismet.” They had both gone to Harvard: she as an undergraduate and a graduate student, he as a law student. She was impressed when he expressed an interest in meditation and Buddhism. They had both studied Chinese, and, when he asked, in Mandarin, if she spoke the language, she answered, “Wo shuo keshi bu tai liu li”—“Yes, but not fluently.”

They began dating, and appeared to be a happy couple. Selvaratnam all but lived in his apartment, attending political functions and dinners with his friends and donors, and brainstorming with him on speeches and projects. But, as she puts it, “it was a fairy tale that became a nightmare.” Although Schneiderman often doted on her, he demanded that she spend more and more time with him, and he began physically abusing her in bed. “The slaps started after we’d gotten to know each other,” she recalls. “It was at first as if he were testing me. Then it got stronger and harder.” Selvaratnam says, “It wasn’t consensual. This wasn’t sexual playacting. This was abusive, demeaning, threatening behavior.”

When Schneiderman was violent, he often made sexual demands. “He was obsessed with having a threesome, and said it was my job to find a woman,” she says. “He said he’d have nothing to look forward to if I didn’t, and would hit me until I agreed.” (She had no intention of having a threesome.) She recalls, “Sometimes, he’d tell me to call him Master, and he’d slap me until I did.” Selvaratnam, who was born in Sri Lanka, has dark skin, and she recalls that “he started calling me his ‘brown slave’ and demanding that I repeat that I was ‘his property.’ ”

The abuse escalated. Schneiderman not only slapped her across the face, often four or five times, back and forth, with his open hand; he also spat at her and choked her. “He was cutting off my ability to breathe,” she says. Eventually, she says, “we could rarely have sex without him beating me.” In her view, Schneiderman “is a misogynist and a sexual sadist.” She says that she often asked him to stop hurting her, and tried to push him away. At other times, she gave in, rationalizing that she could tolerate the violence if it happened only once a week or so during sex. But “the emotional and verbal abuse started increasing,” she says, and “the belittling and demeaning of me carried over into our nonsexual encounters.” He told her to get plastic surgery to remove scars on her torso that had resulted from an operation to remove cancerous tumors. He criticized her hair and said that she should get breast implants and buy different clothes. He mocked some of her friends as “ditzes,” and, when these women attended a birthday celebration for her, he demanded that she leave just as the cake was arriving. “I began to feel like I was in Hell,” she says.

Like Manning Barish, Selvaratnam says that Schneiderman routinely drank heavily—a bottle and a half of wine, or more. He also took sedatives, she says, and pushed her to drink with him, saying, “Drink your bourbon, Turnip”—his nickname for her. In the middle of the night, he staggered through the apartment, as if in a trance. “I’ve never seen anyone that messed up,” she recalls. “It was like sleeping next to a monster.” The next morning, she says, he’d seem fine, but often berated her for not having kept him away from the alcohol. His emotional state seemed to worsen after the 2016 Presidential election. He had counted on forging an ambitious partnership with a White House led by Hillary Clinton. Instead, the Presidency had gone to Donald Trump. Earlier, Schneiderman’s office had sued Trump University for civil fraud, and Trump had countersued Schneiderman personally.

On the morning of January 19, 2017, the day before Trump’s Inauguration, Schneiderman called Selvaratnam from a hospital emergency room. She recalls, “He told me that he’d been drinking the night before he fell down. He didn’t realize he’d cut himself, and got into bed, and when he woke up he was in a pool of blood.” Selvaratnam rushed to the hospital. Schneiderman had several stitches above his left eye; his face was puffy and bruised. He had her send his press secretary a photograph of the injury, and they agreed to cancel a public appearance. In the image, which was shared with The New Yorker, Schneiderman has a black eye and a bandage across the left side of his forehead. Schneiderman then called Cunningham, his ex-wife and political consultant, and they agreed that he and Selvaratnam should tell anyone who asked about the injury that he had fallen “while running.” (A spokesperson for Schneiderman said, “One morning, Mr. Schneiderman fell in the bathroom while completely sober, hit his head, and had to go the the E.R. for stitches. Because he was embarrassed to tell his staff he fell in the bathroom, he told them he fell while running.” Cunningham did not respond to requests for comment.)

Selvaratnam understands how incomprehensible it may seem that she stayed in such an abusive relationship for more than a year. But, she says, “now I see how independent women get stuck in one.” The physical abuse, she notes, “happens quickly”: “He’s drunk, and you’re naked and at your most vulnerable. It’s so disorienting. You lose a little of who you are.” She kept telling herself that she could help him change, and tried to get him to see a therapist. At times, she blamed herself for his behavior. “I was scared what he might do if I left him,” she says. “He had said he would have to kill me if we broke up, on multiple occasions. He also told me he could have me followed and could tap my phone.”

It’s unclear if Schneiderman was serious when he made such remarks, but Selvaratnam says that she felt intimidated. Jacquelyn Campbell, a professor at the Johns Hopkins University School of Nursing, is the author of a danger-assessment checklist that helps authorities gauge the likelihood of homicide in domestic-violence situations. She says, “It’s often true that women don’t know whether to take threats to kill seriously. But we should always take threats seriously. It’s categorized as a violent act, and you can report someone to the police for it.”

Selvaratnam began to spend more time apart from Schneiderman, and last fall she ended the relationship. She’d been suffering from ringing in her ears, and sometimes had vertigo. After the breakup, she, like Manning Barish, sought medical help from an ear, nose, and throat specialist. The doctor could find no specific cause for her ailments. The writer Danzy Senna, a close friend of Selvaratnam’s, recalls, “She was thin, fragile, and shaky.” Selvaratnam confided to Senna about the abuse, and Senna was so shocked that she wrote down the details and e-mailed the account to her husband, so that there would be a dated copy of it should any harm come to her friend. Senna’s document, which she shared with The New Yorker, is dated September 16, 2017, and says, in part, “She told me that her boyfriend of a year, Eric Schneiderman, the Attorney General of New York, has been choking, beating, and threatening her for the entirety of their relationship, and that several times he threatened to have her killed if she ever tried to leave him. She said he knows that she has a lot of really damning information about him, his alcoholism, sexual deviance, and drug use, and she worries about her safety.”

Senna advised Selvaratnam to retrieve her belongings from his apartment. On November 3, 2017, she did so, with another friend—Jennifer Gonnerman, a staff writer at this magazine. As they carried her things outside, they talked about the fact that Selvaratnam couldn’t possibly be the only woman who had seen this side of Schneiderman. Gonnerman asked her who else he had dated. Selvaratnam knew of one former girlfriend—not Manning Barish—and described where she had worked.

The next day, Gonnerman happened to run into a male friend who had once worked with the former girlfriend. Gonnerman asked him if he’d ever known anyone who had dated Schneiderman. He said yes: a close friend of his had. Without divulging anything, Gonnerman asked, “So how did that work out?” He answered, “He used to spit on her and slap her during sex.”

Gonnerman told Selvaratnam about the other victim. “She was very traumatized,” Gonnerman recalls. “On the one hand, she was relieved to learn it had happened before, but on the other it was, like, ‘Why hasn’t anyone stopped him?’ ”

Selvaratnam says, “I wished someone had warned me. And I wondered, Who’s next?” She notes, “I was not planning to come forward, until I found out there was another woman. The silence of women before me meant that I’d suffered, too. I felt, I will not be able to live with myself if I hear of him doing this to another woman years or months from now.”

Selvaratnam reached out to the former girlfriend, and they agreed to meet. In February, Selvaratnam recalls, they sat outside on a bench for ninety minutes, and their stories came flooding forth. Selvaratnam says that she was astounded to discover how similar their experiences had been.

Selvaratnam kept notes about her exchanges with the former girlfriend, and she described them to The New Yorker. According to these notes, the former girlfriend told Selvaratnam that she had been in love with Schneiderman, but that in bed he had routinely slapped her hard across the ear and the face, as tears rolled down her cheeks. He also choked her and spat at her. Not all the abuse had taken place in a sexual context. She said that Schneiderman had once slapped her during an argument they’d had while getting dressed to go out. The blow left a handprint on her back; the next day, the spot still hurt. When the former girlfriend objected to this mistreatment, he told her that she simply wasn’t “liberated” enough. Just as Schneiderman had done with the other women, he had pushed her to drink with him and to set up a threesome, and he had belittled her work and appearance, saying in her case that she had fat legs and needed Botox.

After the former girlfriend ended the relationship, she told several friends about the abuse. A number of them advised her to keep the story to herself, arguing that Schneiderman was too valuable a politician for the Democrats to lose. She described this response as heartbreaking. And when Schneiderman heard that she had turned against him, she said, he warned her that politics was a tough and personal business, and that she’d better be careful. She told Selvaratnam that she had taken this as a threat.

The former girlfriend told Selvaratnam she found it “shameless” that Schneiderman was casting himself as a leading supporter of the #MeToo movement. She promised to support Selvaratnam if she spoke out, but she wasn’t sure that she could risk joining her. The former girlfriend told Selvaratnam she’d once been so afraid of Schneiderman that she’d written down an extensive account of the abuse, locked the document in a safe-deposit box, and given keys to two friends.

In February, the news broke that Rob Porter, a top aide in the Trump White House, was resigning, amid allegations that he’d abused his two ex-wives. One of the women, Colbie Holderness, released a photograph of herself taken after he’d allegedly given her a black eye. The image resonated deeply among the women who had dated Schneiderman. Manning Barish recalls, “After Rob Porter, I was struggling about whether to come forward. I felt guilt and shame that I was encouraging other women to speak out but wasn’t doing the same. I was a hypocrite. I was in tears.” Her friends told her that she risked becoming known mainly for being Schneiderman’s victim, and she initially agreed to let the matter go. But, after thinking it over, she told them, “If he’s done this to more than one woman, I’m going to say something.”

After Porter’s resignation, Selvaratnam felt more determined than ever to speak out about Schneiderman and the broader issue of intimate-partner violence. As this story was being reported, Manning Barish became aware that there were other victims, and decided that she had three choices: “I can lie. I can be silent, which is being complicit, and a betrayal of the other women. Or I can tell the truth.” She concluded, “I’m choosing No. 3.” Manning Barish is aware of the risks faced by women who take on powerful politicians, and isn’t relishing the prospect of taking on the attorney general. “It’s hard,” she says. “It affects your life, and not in a positive way.”

Selvaratnam says that she considered filing an ethics complaint against Schneiderman, or bringing a civil suit, but the various legal options she considered were always connected to Schneiderman in some way. Meanwhile, at least eight members of Congress had resigned, or announced plans to retire, after being accused of sexual misconduct. In Missouri, the legislature called a special session to take up the impeachment of Governor Eric Greitens, who had been accused of slapping, restraining, and belittling a woman during an affair. Greitens has denied the allegations, but he is facing a felony charge stemming from the woman’s assertion that he took compromising photographs of her, in an effort to stop her from speaking out.

Selvaratnam, by contrast, feels caught up in circumstances that have given her only one real choice: to go public. “It’s torturous for me to do this,” she says. “I like my life.” Of this article, she says, “I wish my name did not have to be in it,” and notes, of Schneiderman, “I know it’s going to be my word against his, because I don’t have photos of bruises, and I don’t have a police report.” Schneiderman’s accusers, she feels, are in an unusually difficult situation. As she puts it, “What do you do if your abuser is the top law-enforcement official in the state?”

  • Jane Mayer has been a New Yorker staff writer since 1995.