Category Archives: Whistleblower

Pro Bono Lawyer Assigned to Roger Stone’s Jurors

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There is a lawsuit filed by citizen journalist well known to many as Mike Cernovich. He is seeking voir dire of the jurors in the Roger Stone trial. Translation of that term is ‘preliminary questions’. Each juror is required to complete a questionnaire prior to being assigned to a case. This particular motion filed by Cernovich has the focus on Tomeka Hart, the anti-Trump juror in question. Cernovich argues that her public social media posts obstructed her duty as a juror for a fair and impartial decision in the case.

To read the 9 page Cernovich motion for access to the preliminary questions, click here.

The judge in the case, U.S. District Judge Amy Berman Jackson has chosen Alan Raul from the law firm Sidley Austin to represent the jurors free of charge. Judge Berman only provided one reason for assigning the pro bono lawyer and that was in the interest of justice and a full and fair resolution. Raul is a member of the ABA Cybersecurity Legal Task Force and Center for Democracy. Before his time at Sidley Austin, Raul was general council for the Office of Management and Budget as well as the Department of Agriculture.

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But wait…he does not like President Trump either and have some real issues with Attorney General Bill Barr. Imagine that.

You see there is an organization called ‘Checks and Balances’ made up of allegedly conservative/libertarian lawyers. Alan Raul is part of that organization. This is a real issue within the White House. How so you ask?

Conservative attorney George Conway, husband of White House advisor Kellyanne Conway, has been vocal about his distaste for his wife’s boss, Donald Trump. He has been known to subtweet the president and has said he regrets introducing his wife to Trump at all. And now, he’s helped to form a group for conservative and libertarian lawyers who argue Trump is undermining the rule of law.

The 14 founding members of Checks and Balances are prominent attorneys—law professors, private practitioners, and former government lawyers—who say they are “standing up for the principles of constitutional governance.” Their mission statement explains:

We believe in the rule of law, the power of truth, the independence of the criminal justice system, the imperative of individual rights, and the necessity of civil discourse. We believe these principles apply regardless of the party or persons in power. We believe in “a government of laws, not of men.”

Swell huh? Hold on…it gets worse:

Orin Kerr, another founding member of Checks and Balances, is a professor at the University of Southern California’s law school and former trial attorney in the Department of Justice. He is also an active voice on Twitter, where he is frequently critical of the president. Hat tip Quartz.

 

 

Back To Raul however. He did sign a previous Checks and Balances letter last October that was quite supportive of the Trump impeachment and critical of President Trump when it came to holding military aid to Ukraine for political purposes. Judge Jackson in court hearing the arguments for a new trial for Roger Stone, real aloud online commentary by President Trump and made several references to Tucker Carlson. Judge Jackson is expressing concern for the safety of the Stone trial jurors. She has not yet ruled on the motion by Roger Stone and his lawyer for a new trial. This article is a summary from Law.com.

U.S. Using Wide Range of Spy Tools to Monitor Coronavirus

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A major fall of nitrogen dioxide in China since the outbreak of Covid-19.

Nitrogen dioxide is a nasty-smelling gas. Some nitrogen dioxide is formed naturally in the atmosphere by lightning and some is produced by plants, soil and water. However, only about 1% of the total amount of nitrogen dioxide found in our cities’ air is formed this way.

Nitrogen dioxide is an important air pollutant because it contributes to the formation of photochemical smog, which can have significant impacts on human health. The main effect of breathing in raised levels of nitrogen dioxide is the increased likelihood of respiratory problems. Nitrogen dioxide inflames the lining of the lungs, and it can reduce immunity to lung infections. This can cause problems such as wheezing, coughing, colds, flu and bronchitis.

***

United States intelligence agencies are using “a wide range” of tools, ranging from open-source collection to communications interception and human intelligence, to collect desperately needed data about the spread of the coronavirus, according to sources. As of late last week, some of the most dependable data on the spread of the virus, known as COVID-19, came from military channels of information, according to Yahoo News’ National Security and Investigations Reporter Jenna McLaughlin.

Writing last Friday, McLaughlin cited “two sources familiar with the matter”, who said that the Office of the Director of National Intelligence and the Central Intelligence Agency’s Global Issues Mission Center were collecting and analyzing real-time data on the coronavirus. The spread of the disease was also being monitored by the National Center for Medical Intelligence, which assesses the impact of disease outbreaks on American and foreign military personnel, said McLaughlin. She added that the intelligence generated by these agencies was being channeled to the Centers for Disease Control and Prevention and the Department of Health and Human Services, which lead the White House’s Task Force on COVID-19.

A major concern of the US Intelligence Community is that the Chinese, Iranian and other governments around the world may not be sharing comprehensive data on the spread of the virus and its impact. “No data means spying”, one unnamed source told McLaughlin. According to Reuters’ Mark Hosenball, US intelligence agencies have been using “a wide range of intelligence tools”, including human intelligence and electronic communications interception to track the spread of COVID-19. A major question that US intelligence agencies are trying to answer is whether governments like China’s or Iran’s have effective “continuity operations” plans in place, which relate to preserving the main functions of government during a major national disaster.

According to Hosenball, there is pessimism among US intelligence experts about the ability of developing countries around the world to respond to a massive COVID-19 outbreak. One example is India, whose dense population and rudimentary public-health infrastructure raises serious concerns about the government’s ability to protect the country’s population from a major pandemic. The report adds that there “deep concern” in US government circles about the possibility that Iran may be covering up the details about the spread of COVID-19.

***

The coronavirus is coinciding with “significant decreases” in nitrogen dioxide over China, according to NASA, as authorities there continue to place more people under quarantines and some businesses remain closed amid the outbreak.

Pollution monitoring satellites operated by NASA and the European Space Agency (ESA) detected the decreases over a two-month span, according to a news release. The drops coincided with the outbreak and the Lunar New Year, which was unusually tame because many decided to stay indoors rather than risk becoming infected.

Nitrogen dioxide levels over China decreased dramatically as China continues to grapple with the coronavirus outbreak. 

In January, Chinese authorities locked down several cities and shut down all transportation going into and out of the city of Wuhan, the epicenter of the outbreak.

The pollution reduction is shown in two maps released by the space agencies. The first shows large concentrations of nitrogen dioxide levels over Beijing and near Wuhan from Jan. 1 through 20, before mandated quarantines were issued. More here.

When the World Bank is Corrupt, Anyone Care?

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Per the World Bank website:

The World Bank Group considers corruption a major challenge to its twin goals of ending extreme poverty by 2030 and boosting shared prosperity for the poorest 40 percent of people in developing countries. In addition, reducing corruption is at the heart of the Sustainable Development Goals and achieving the ambitious targets set for Financing for Development.

Corruption has a disproportionate impact on the poor and most vulnerable, increasing costs and reducing access to services, including health, education and justice.

Great right? There is even a video of ten steps to stop corruption.

Also on the website:

The United States was a leading force in the establishment of the World Bank in 1944 and remains the largest shareholder of the World Bank today. As the only World Bank shareholder that retains veto power over changes in the Bank’s structure, the United States plays a unique role in influencing and shaping development priorities.

Through the World Bank Group, the United States participates in addressing international development challenges of vital importance. The United States has a long history of generously supporting the World Bank Group’s mission and has been a champion of the International Development Association (IDA), the Bank’s fund for the poorest, which provides low-interest loans and grants to developing countries for education, health, infrastructure, agriculture, communications, economic and institutional development.

Why all the concern?

World Bank Has Expressed This Big Estimate About Indias ...

OCCRP: A paper the World Bank released on Tuesday shows that countries dependent on aid from the organization see increased flows into tax secrecy havens, suggesting that some of its funds is ending up in the wrong hands. The Economist reported last week that the development bank allegedly tried to conceal the findings by neglecting to publish the study, and that Pinelopi “Penny” Goldberg, its chief economist, would be stepping down just 15 months into her tenure.

Because of media reports connecting Goldberg’s resignation and the study, the World Bank issued a public statement, explaining that the paper had undergone “several reviews, and it was improved as a result,” before it was published on the organization’s website. The timing of when it decided to publish the paper has drawn scrutiny, however.

Stefano Feltri, an Italian journalist who reported on the censorship in Pro Market, a University of Chicago-based publication, confirmed to OCCRP that the article was first published on the personal website of Niels Johannesen, a professor of the University of Copenhagen and CEBI, who co-authored it.

The article was then published hours later, by the World Bank, he explained, also confirming this through screenshots he shared with OCCRP.

Goldberg’s reason for resigning is unclear. The Economist said: “After aid to a country spikes, money departs for offshore havens. And after a sensitive paper is spiked, Penny departs for New Haven.”

OCCRP has obtained emails sources say were sent out Feb. 5, before the study controversy went public, showing that she had voiced her intention of returning to her post as an economics professor at Yale University.

Her departure marks the Bank’s second consecutive chief economist who has stepped down — Paul Romer, who served previously, resigned after publicly denouncing the organization for its “politically motivated” methodology that criticized business practice Chile under its socialist president Michelle Bachelet.

“I don’t know what exactly happened,” said Johannesen, who was more focused on the findings of his paper, when asked by OCCRP whether he could provide clarity to the situation.

He said his paper uncovered what he called “leakages” of foreign aid, where the number of offshore transactions going to tax havens designed to hide the origin of the source goes up in aid-dependent countries. He said about 5 percent of aid appears to be flowing illicitly offshore.

“While we can only speculate, the study shows that aid might itself be eroding institutions,” he said.

The professor concluded that the “big task,” in response to the findings, would be “the further disciplining of tax havens, and strengthening anti-money laundering standards.”

*** For context: The World Bank is an international financial institution that provides loans and grants to the governments of poorer countries for the purpose of pursuing capital projects.[6] It comprises two institutions: the International Bank for Reconstruction and Development (IBRD), and the International Development Association (IDA). The World Bank is a component of the World Bank Group.

The World Bank’s most recent stated goal is the reduction of poverty.[7] As of November 2018, the largest recipients of World Bank loans were India ($859 million in 2018) and China ($370 million in 2018).

Remember India just signed a deal during President Trump’s visit to buy $3 billion in military equipment. And China has been buying/loaning money to countries to take over their cargo ports known as debt trapping while building the silk road initiative spending $900 billion.

Anyone asking any real questions on all this?

 

 

AG Sessions Lawsuit and Big Win for President Trump

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A 3 judge panel…unanimous decision by the way.

The program began in 2006. The Federal government created a grant assistance program for states, local and tribal governments to reduce crime and violence….let that sink it. It is called the Byrne Memorial Justice Assistance Grant Program….let that sink in….justice.

This would have been easy to argue in court actually to stop the violators from receiving the grants. Just understand the simple premise —>

BJA helps to make American communities safer by strengthening the nation’s criminal justice system: Its grants, training and technical assistance, and policy development services provide state, local, and tribal governments with the cutting edge tools and best practices they need to reduce violent and drug-related crime, support law enforcement, and combat victimization.

BJA is a component of the Office of Justice Programs, U.S. Department of Justice, which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking.

  FILE – In this Tuesday, March 20, 2018 file photo, Attorney General Jeff Sessions, left, speaks during a roundtable talks on sanctuary cities hosted by President Donald Trump, third from right, in the Roosevelt Room of the White House, in Washington. The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday, Feb. 26, 2020 in a decision that conflicted with three other federal appeals courts. (AP Photo/Manuel Balce Ceneta)

Anyway…

(AP) — The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday in a decision that conflicted with three other federal appeals courts.

The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan overturned a lower court’s decision ordering the administration to release funding to New York City and seven states — New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island.

The states and city sued the U.S. government after the Justice Department announced in 2017 that it would withhold grant money from cities and states until they gave federal immigration authorities access to jails and provide advance notice when someone in the country illegally is about to be released.

Before the change, cities and states seeking grant money were required only to show they were not preventing local law enforcement from communicating with federal authorities about the immigration status of people who were detained.

At the time, then-Attorney General Jeff Sessions said: “So-called ‘sanctuary’ policies make all of us less safe because they intentionally undermine our laws and protect illegal aliens who have committed crimes.”

In 2018, the Justice Department imposed additional conditions on the grant money, though challenges to those have not yet reached the appeals court in New York.

The 2nd Circuit said the plain language of relevant laws make clear that the U.S. attorney general can impose conditions on states and municipalities receiving money.

And it noted that the U.S. Supreme Court has repeatedly observed that the federal government maintains broad power over states when it comes to immigration policies.

In the past two years, federal appeals courts in Chicago, Philadelphia and San Francisco have ruled against the federal government by upholding lower-court injunctions placed on the enforcement of some or all of the challenged conditions.

“While mindful of the respect owed to our sister circuits, we cannot agree that the federal government must be enjoined from imposing the challenged conditions on the federal grants here at issue,” the 2nd Circuit three-judge panel said in a decision written by Judge Reena Raggi.

“These conditions help the federal government enforce national immigration laws and policies supported by successive Democratic and Republican administrations. But more to the authorization point, they ensure that applicants satisfy particular statutory grant requirements imposed by Congress and subject to Attorney General oversight,” the appeals court said.

The Justice Department praised the decision, issuing a statement calling it a “major victory for Americans” and saying it recognizes that the attorney general has authority to ensure that grant recipients are not thwarting federal law enforcement priorities.

The department added that the ruling’s effect will be limited because other courts have ruled the other way, giving the plaintiffs in the New York case the opportunity to point to those as reasons to ignore the new conditions.

Cody Wofsy, a staff attorney with the American Civil Liberties Union, called the decision a “real outlier,” saying he believed the 2nd Circuit was the nation’s first court to side with the Trump administration on the issue.

“Over and over, courts have said the Department of Justice doesn’t have authority under governing statutes to impose these conditions,” he said. “These conditions are part of the administration’s attempts to bully, cajole and coerce state and local governments into participating in federal immigration enforcement activities.”

Under the Constitution’s federalism principles and the 10th Amendment, Wofsy said, states and municipalities “are entitled to decline to become part of the administration’s deportation force.”

The appeals rulings pertain to the issuance of the Edward Byrne Memorial Justice Assistance Grant Program.

Operation Mega Flex

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From July to September last year, Customs and Border Patrol in that 3 month period seized 1061 shipments of counterfeit goods at our cargo ports of entry. Items from Louis Vuitton bags to sports equipment with faulty parts. Other items included children’s toys, drug paraphernalia, deadly opioids, and really scary were (are) counterfeit drivers’ licenses. Recreational drugs, clothing, jewelry and even food and nutritional items (may contain toxins) are part of the counterfeit items affecting likely every American and business.

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Unlike legitimate drug manufacturers that are subject to inspections by the U.S. Food and Drug Administration, labs that manufacture counterfeits have no such oversight. According to a 2019 Better Business Bureau study, “companies based in China, Hong Kong, Singapore, and India shipped 97 percent of the counterfeit medicines seized in the U.S.”In March 2019, Europol, the European Union’s law enforcement agency, seized 13 million doses of counterfeit medicine ranging from opioids to heart medication. Europol noted that this type of counterfeiting is on the rise due to the relatively low risk of criminal detection.

Check those items in retail operations of all sorts and locations and what you purchase in the e-commerce realm, not the from the street vendor at the corner and when purchasing books, movies or music, you could be in real trouble for a transaction that violates copyright protected work.

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Watches and jewelry follow at 13 percent of total seizures. During the Mega Flex operation on August 21, 2019, for example, CBP officers seized counterfeit Rolex watches valued at over $1.4 million. Handbags and wallets represented nearly 11 percent of all seizures, including counterfeits of luxury brands such as Louis Vuitton, Michael Kors, and Gucci. Consumer electronicsrepresented 10 percent of seizures, including products such as iPhones, hover boards, earbuds, microchips, and others. Pharmaceuticals and personal care items account for only 7 percent of total seizures. However, as discussed in the next section, many of the products in these categories pose significant dangers to the consumer. Fake prescription drugs can lack active ingredients, contain incorrect dosages, or include dangerous additives. Fake personal care items such as cosmetics have been found to contain everything from harmful bacteria to human waste. Between 2017 and 2018, CBP and ICE Homeland Security Investigations (HSI) seized over $31 million in fake perfumes from China.

Law enforcement officials have uncovered intricate links between the sale of counterfeit goods and transnational organized crime. A study by the Better Business Bureau notes that the financial operations supporting counterfeit goods typically require central coordination, making these activities attractive for organized crime, with groups such as the Mafia and the Japanese Yakuza heavily involved. Criminal organizations use coerced and child labor to manufacture and sell counterfeit goods. In some cases, the proceeds from counterfeit sales may be supporting terrorism and dictatorships throughout the world.

In FY 2018, 12 percent of DHS seizures included counterfeit versions of critical technological components, automotive and aerospace parts, batteries, and machinery. Each of these industrial sectors have been identified as critical to the defense industrial base, and thus critical to national security. One example drawn from a 2018 study by the Bureau of Industry and Security within the Department of Commerce featured the import of counterfeit semiconductors or “Trojan chips” for use in defense manufacturing and operations. Such Trojan chips can carry viruses or malware that infiltrate and weaken American national security. The problem of counterfeit chips has become so pervasive that the Department of Defense has referred to it as an “invasion.” Companies from China are the primary producers of counterfeit electronics.

According to a 2019 report, Instagram and Counterfeiting, nearly 20 percent of the posts analyzed about fashion products on Instagram featured counterfeit or illicit products. More than 50,000 Instagram accounts were identified as promoting and selling counterfeits, a 171 percent increase from a prior 2016 analysis. Instagram’s Story feature, where content disappears in twenty-four hours, was singled out as particularly effective for counterfeit sellers.

For the full report, go here.