Government Corruption News StoriesExcerpts of Key Government Corruption News Stories in Major Media
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President Bush says he knew his top national security advisers discussed and approved specific details about how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, according to an exclusive interview with ABC News. "Well, we started to connect the dots in order to protect the American people," Bush told ABC News White House correspondent Martha Raddatz. "And yes, I'm aware our national security team met on this issue. And I approved." As first reported by ABC News, the most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al Qaeda suspects would be interrogated by the CIA. The president had earlier confirmed the existence of the interrogation program run by the CIA in a speech in 2006. But before [ABC's original] report, the extraordinary level of involvement by the most senior advisers in repeatedly approving specific interrogation plans -- down to the number of times the CIA could use a certain tactic on a specific al Qaeda prisoner -- had never been disclosed. Critics at home and abroad have harshly criticized the interrogation program, which pushed the limits of international law and, they say, condoned torture. In the interview with ABC News, Bush defended the waterboarding technique used against KSM. "We had legal opinions that enabled us to do it," Bush said. "And no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew." The president said, "I think it's very important for the American people to understand who Khalid Sheikh Mohammed was. He was the person who ordered the suicide attack -- I mean, the 9/11 attacks."
Note: For a transcript of the interview with President Bush on the Washington Post website, click here. For a powerful two-page summary of many unanswered questions about who really ordered the 9/11 attacks, click here.
A new analysis concludes that the Food and Drug Administration approved experiments with artificial blood substitutes even after studies showed that the controversial products posed a clear risk of causing heart attacks and death. The review of combined data from more than 3,711 patients who participated in 16 studies testing five different types of artificial blood, released yesterday, found that the products nearly tripled the risk of heart attacks and boosted the chances of dying by 30 percent. Based on the findings, the researchers questioned why the FDA allowed additional testing of the products to go forward and why the agency is considering letting yet another study proceed. "It's hard to understand," said Charles Natanson, a senior investigator at the National Institutes of Health who led the analysis. "They already had data that these products could cause heart attacks and evidence that they could kill." An artificial blood substitute that has a long shelf life and does not need refrigeration could save untold lives by providing an alternative to trauma patients in emergencies, especially in rural areas and in combat settings. But attempts to develop such products have been marred by repeated failures and fraught with controversy, in part because some products have been studied under rules allowing researchers to administer them without obtaining consent from individual patients. After the Washington-based consumer group Public Citizen sued the FDA to gain access to data submitted to the agency, Natanson and colleagues at NIH and Public Citizen pooled data from studies conducted between 1998 and 2007.
Note: For a treasure trove of reports from reliable, verifiable sources on government corruption, click here.
The Bush administration is undermining the Environmental Protection Agency's ability to determine health dangers of toxic chemicals by letting nonscientists have a bigger -- often secret -- say, congressional investigators say in a report obtained by The Associated Press. The administration's decision to give the Defense Department and other agencies an early role in the process adds to years of delay in acting on harmful chemicals and jeopardizes the program's credibility, the Government Accountability Office concluded. At issue is the EPA's screening of chemicals used in everything from household products to rocket fuel to determine if they pose serious risk of cancer or other illnesses. A new review process begun by the White House in 2004 is adding more speed bumps for EPA scientists, the GAO said in its report. A formal policy effectively doubling the number of steps was adopted two weeks ago. Cancer risk assessments for nearly a dozen major chemicals are now years overdue, the GAO said, blaming the new multiagency reviews for some of the delay. GAO investigators said extensive involvement by EPA managers, White House budget officials and other agencies has eroded the independence of EPA scientists charged with determining the health risks posed by chemicals. The Pentagon, the Energy Department, NASA and other agencies -- all of which could be severely affected by EPA risk findings -- are being allowed to participate "at almost every step in the assessment process," said the GAO. Those agencies, their private contractors and manufacturers of the chemicals face restrictions and major cleanup requirements, depending on the EPA's scientific determinations.
Note: For many other revealing reports on health issues, click here.
The lawyer for US vice-president Dick Cheney claimed today that the Congress lacks any authority to examine his behaviour on the job. The exception claimed by Cheney's counsel came in response to requests from congressional Democrats that David Addington, the vice-president's chief of staff, testify about his involvement in the approval of interrogation tactics used at Guantanamo Bay. Ruling out voluntary cooperation by Addington, Cheney lawyer Kathryn Wheelbarger said Cheney's conduct is "not within the [congressional] committee's power of inquiry". "Congress lacks the constitutional power to regulate by law what a vice-president communicates in the performance of the vice president's official duties, or what a vice president recommends that a president communicate," Wheelbarger wrote to senior aides on Capitol Hill. The exception claimed by Cheney's office recalls his attempt last year to evade rules for classified documents by deeming the vice-president's office a hybrid branch of government - both executive and legislative. Philippe Sands QC, law professor at University College, London, has agreed to appear in Washington and discuss the revelations in Torture Team, his new book on the consequences of the brutal tactics used at Guantanamo. Two [other] witnesses sought by [Congress], former US attorney general John Ashcroft and former US justice department lawyer John Yoo, claimed that their involvement in civil lawsuits related to harsh interrogations allows them to avoid appearing before Congress. In letters to attorneys representing Ashcroft and Yoo, [Rep. John] Conyers [wrote that] "I am aware of no basis for the remarkable claim that pending civil litigation somehow immunises an individual from testifying before Congress."
An audit of US-funded reconstruction projects for Iraq has found millions of dollars have been wasted because many schemes have never been completed. The Special Inspector General for Iraq Reconstruction blamed delays, costs, poor performance and violence for failure to finish some 855 projects. Many other projects had been falsely described as complete, found the audit of 47,321 reconstruction projects. Iraq reconstruction has cost US taxpayers more than $100bn so far. USAID, the body responsible for overseeing Iraqi reconstruction, has responded that the database used for the review was incomplete. The audit by Senator Stuart Bowen found US officials had terminated at least 855 projects before completion. Of this number, 112 were ended because of the contractors' poor performance. Danielle Brian, executive director of the watchdog group Project on Government Oversight, said: "The report paints a depressing picture of money being poured into failed Iraq reconstruction projects. Contractors are killed, projects are blown up just before being completed, or the contractor just stops doing the work." Last year, congressional investigators said as much as $10bn (Ł5bn) charged by US contractors for Iraq reconstruction had been questionable.
Note: Why is the U.S. spending over $100 billion to "reconstruct" Iraq? That's over $500 for each taxpayer in the U.S., with little to show for it. For more, see what a highly decorated U.S. general has to say on all this by clicking here.
The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law. The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees. While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments. The new documents provide more details about how the administration intends to determine whether a specific technique would be legal, depending on the circumstances involved. Some legal experts critical of the Justice Department interpretation said the department seemed to be arguing that the prospect of thwarting a terror attack could be used to justify interrogation methods that would otherwise be illegal. “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense,” said Scott L. Silliman, who teaches national security law at Duke University. The humiliating and degrading treatment of prisoners is prohibited by Common Article 3 of the Geneva Conventions.
Note: For many disturbing reports of increasing threats to civil liberties, click here.
Despite more than 100 published studies by government scientists and university laboratories that have raised health concerns about a chemical compound that is central to the multibillion-dollar plastics industry, the Food and Drug Administration has deemed it safe largely because of two studies, both funded by an industry trade group. The compound, bisphenol A (BPA), has been linked to breast and prostate cancer, behavioral disorders and reproductive health problems in laboratory animals. The FDA's position on the compound was called into question earlier this month when a National Institutes of Health panel issued a draft report linking BPA to health concerns. As part of his investigation, Rep. John D. Dingell (D-Mich.), chairman of the House Energy and Commerce Committee, wants to examine the role played by the Weinberg Group, a Washington firm that employs scientists, lawyers and public relations specialists to defend products from legal and regulatory action. The firm has worked on Agent Orange, tobacco and Teflon, among other products linked to health hazards, and congressional investigators say it was hired by Sunoco, a BPA manufacturer. From 1997 to 2005, 116 studies of the compound were published, many of them focused on its effects in low doses. Of those funded by government, 90 percent showed a health effect linked to BPA. None of the industry-funded studies found an effect; all of them said BPA is safe. There is a clear bias in studies funded by industry, said [David] Michaels, who ... runs the Project on Scientific Knowledge and Public Policy at George Washington University and wrote the book Doubt is Their Product, which details how various industries have used science to stave off regulation.
Note: For many powerful reports on corporate corruption, click here.
A Bush administration lawyer resisted a San Francisco federal judge's attempts Wednesday to get him to say whether Congress can limit the president's wiretap authority in terrorism and espionage cases, calling the question simplistic. "You can't possibly make that judgment on the public record" without knowing the still-secret details of the electronic surveillance program that President Bush approved in 2001, Justice Department attorney Anthony Coppolino said at a crucial hearing in a wiretapping lawsuit. Chief U.S. District Judge Vaughn Walker didn't rule immediately on the government's request to dismiss the suit by an Islamic charity in Oregon, which says a document that federal authorities accidentally released showed it was wiretapped. But Walker, in an extensive exchange with Coppolino, said Congress had spoken clearly in a 1978 law that required the government to obtain a warrant from a secret court before it could conduct electronic surveillance of suspected foreign terrorists or spies. "The president is obliged to follow what Congress has mandated," Walker said. The case may determine whether any U.S. court can judge the legality of Bush's covert order to the National Security Agency to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking judicial approval. After Bush acknowledged the existence of the program, Congress temporarily extended it in August and now is debating whether to protect telecommunications companies from lawsuits for their past cooperation. Most lawsuits challenging the program have been dismissed because the plaintiffs were unable to show that they had been wiretapped.
Note: For many disturbing reports of increasing threats to civil liberties, click here.
Who rules the world? The rise of nation states produced national ruling classes. It would be odd if the current integration of the world economy did not produce new global elites — business people and financiers who run global companies and global politicians who steer supra-national organisations such as the European Union (EU) and the International Monetary Fund. David Rothkopf, a visiting scholar at the Carnegie Endowment for International Peace, argues that these elites constitute nothing less than a new global “superclass”. They have all the clubby characteristics of the old national ruling classes, but with the vital difference that they operate on the global stage, far from mere national electorates. They attend the same universities. They are groomed in a handful of world-spanning institutions such as Goldman Sachs. They belong to the same clubs — the Council on Foreign Relations in New York is a particular favourite — and sit on each other's boards of directors. Many of them shuttle between the public and private sectors. They meet at global events such as the World Economic Forum at Davos and the Trilateral Commission or — for the crčme de la crčme — the Bilderberg meetings or the Bohemian Grove seminars that take place every July in California. Mr Rothkopf is anything but a crank, and he is right when he says that, these days, the most influential people around the world are also the most global people. He is also admirably ambivalent about his subject. He worries about surging inequality — the richest 1% of humans own 40% of the planet's wealth — and about the rumbling backlash against so much unaccountable power.
Note: For reliable, verifiable information the secret societies of which the global elite are a part, click here. Superclass: The Global Power Elite and the World They Are Making by David Rothkopf is available here.
For the average American who will never see it, the new US Embassy in Baghdad may be little more than the Big Dig of the Tigris. Like the infamous Boston highway project, the embassy is a mammoth development that is overbudget, overdue, and casts a whiff of corruption. For many Iraqis, though, the sand-and-ochre-colored compound peering out across the city from a reedy stretch of riverfront within the fortified Green Zone is an unsettling symbol. "It is a symbol of occupation for the Iraqi people, that is all," says Anouar, a Baghdad graduate student who thought it was risk enough to give her first name. "We see the size of this embassy and we think we will be part of the American plan for our country and our region for many, many years." The 104-acre, 21-building enclave – the largest US Embassy in the world, similar in size to Vatican City in Rome – is often described as a "castle" by Iraqis. "We all know this big yellow castle, but its main purpose, it seems, is the security of the Americans who will live there," says Sarah, a university sophomore who also declined to give her last name for reasons of personal safety. The US government cleared the new Baghdad Embassy for occupancy last week, with the embassy's 700 employees and up to 250 military personnel expected to move in over the month of May, according to Ambassador Ryan Crocker. Embassy personnel have been anxious for the complex, with more than 600 blast-resistant apartments, to open and give them some refuge from the mortar fire that has increasingly targeted the Green Zone this year. Last month, a mortar slammed into one of the unfortified trailers where personnel now sleep, killing an American civilian contractor.
Note: For many reports of the reality of the wars in Iraq and Afghanistan, click here.
Hundreds of Environmental Protection Agency scientists complain they have been victims of political interference and pressure from superiors to skew their findings. The Union of Concerned Scientists said that more than half of the nearly 1,600 EPA staff scientists who responded online to a detailed questionnaire reported they had experienced incidents of political interference in their work. Francesca Grifo, director of the Union of Concerned Scientists' Scientific Integrity Program, said the survey results revealed "an agency in crisis" with low morale, especially among scientists involved in risk assessment and crafting regulations. "The investigation shows researchers are generally continuing to do their work, but their scientific findings are tossed aside when it comes time to write regulations," said Grifo. The group sent an online questionnaire to 5,500 EPA scientists and received 1,586 responses, a majority of them senior scientists who have worked for the agency for 10 years or more. The survey included chemists, toxicologists, engineers, geologists and experts in the life and environmental sciences. The report said that 60 percent of those responding, or 889 scientists, reported personally experiencing what they viewed as political interference in their work over the last five years. Senior managers and the White House Office of Management and Budget frequently second-guess scientific findings and change work conducted by EPA's scientists, the report said. Nearly 400 scientists said they had witnessed EPA officials misrepresenting scientific findings, 284 said they had [witnessed] the "selective or incomplete use of data to justify a specific regulatory outcome" and 224 scientists said they had been directed to "inappropriately exclude or alter technical information" in an EPA document.
Note: For a treasure trove of reports from reliable, verifiable sources on government corruption, click here.
More than 120 veterans of the wars in Afghanistan and Iraq commit suicide every week while the government stalls in granting returning troops the mental health treatment and benefits to which they are entitled, veterans advocates told a federal judge. The rights of hundreds of thousands of veterans are being violated by the Department of Veterans Affairs, "an agency that is in denial," and by a government health care system and appeals process for patients that is "broken down," Gordon Erspamer, lawyer for two advocacy groups, said in an opening statement at the trial of a nationwide lawsuit. He said veterans are committing suicide at the rate of 18 a day - a number acknowledged by a VA official in a Dec. 15 e-mail - and the agency's backlog of disability claims now exceeds 650,000, an increase of 200,000 since the Iraq war started in 2003. U.S. District Judge Samuel Conti ... ruled in January that the case could go to trial. In doing so, he rejected the government's argument that civil courts have no authority over the VA's medical decisions or how it handles grievances. If the advocates can prove their claims, Conti said in his ruling, they would show that "thousands of veterans, if not more, are suffering grievous injuries as the result of their inability to procure desperately needed and obviously deserved health care." He also ruled that veterans are legally entitled to five years of government-provided health care after leaving the service, despite federal officials' argument that they are required to provide only as much care as the VA's budget allows in a given year. The trial follows publication of a Rand study last week that estimated 300,000 U.S. troops returning from Afghanistan and Iraq, or 18.5 percent of the total, suffer from major depression or post-traumatic stress.
Note: For many reports from reliable, verifiable sources detailing the devastating impacts of modern war, click here. For a revealing commentary by a top U.S. general on how soldiers lives are ruined by needless wars, click here.
In the summer of 2005, the Bush administration confronted a fresh wave of criticism over Guant�namo Bay. The detention center had just been branded �the gulag of our times� by Amnesty International, there were new allegations of abuse from United Nations human rights experts and calls were mounting for its closure. The administration�s communications experts responded swiftly. Early one Friday morning, they put a group of retired military officers on one of the jets normally used by Vice President Dick Cheney and flew them to Cuba for a carefully orchestrated tour of Guant�namo. To the public, these men are members of a familiar fraternity, presented tens of thousands of times on television and radio as �military analysts� whose long service has equipped them to give authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world. Hidden behind that appearance of objectivity, though, is a Pentagon information apparatus that has used those analysts in a campaign to generate favorable news coverage of the administration�s wartime performance. The effort, which began with the buildup to the Iraq war and continues to this day, has sought to exploit ideological and military allegiances, and also a powerful financial dynamic: Most of the analysts have ties to military contractors vested in the very war policies they are asked to assess on air. Those business relationships are hardly ever disclosed to the viewers. But collectively, the men on the plane and several dozen other military analysts represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants.
Note: This excellent article should be read in its entirety. For a related video presentation, click here. For an analysis, click here.
In dozens of top-secret talks and meetings in the White House, the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, sources tell ABC News. The so-called Principals who participated in the meetings also approved the use of "combined" interrogation techniques -- using different techniques during interrogations, instead of using one method at a time -- on [captives] who proved difficult to break, sources said. The high-level discussions about these "enhanced interrogation techniques" were so detailed, these sources said, some of the interrogation sessions were almost choreographed -- down to the number of times CIA agents could use a specific tactic. The advisers were members of the National Security Council's Principals Committee, a select group of senior officials who met frequently to advise President Bush on issues of national security policy. At the time, the Principals Committee included Vice President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft. Rice chaired the meetings, which took place in the White House Situation Room and were typically attended by most of the principals or their deputies. According to multiple sources, it was members of the Principals Committee that not only discussed specific plans and specific interrogation methods, but approved them. The Principals also approved interrogations that combined different methods, pushing the limits of international law and even the Justice Department's own legal approval in the [infamous] 2002 memo.
The gold reserves of the United States have not been fully and independently audited for half a century. Now there is proof that those gold reserves and those of other Western nations are being used for the surreptitious manipulation of the international currency, commodity, equity, and bond markets. The Federal Reserve’s general counsel, J. Virgil Mattingly, acknowledged as much when he told the Federal Open Market Committee on January 31, 1995, that the Treasury Department’s Exchange Stabilization Fund had undertaken gold swaps. Federal Reserve Chairman Alan Greenspan acknowledged as much in testimony to Congress on July 24, 1998, when he said that “central banks stand ready to lease gold in increasing quantities should the price rise.” Since last May the U.S. Treasury Department’s weekly report of the government’s international reserve position has cited loans and swaps from the U.S. gold reserves. Since 2004 four major international investment houses — Sprott Asset Management, Cheuvreux, Citigroup, and Redburn Partners — have issued reports stating that Western central banks have been manipulating the gold market. The objective of this manipulation is to conceal the mismanagement of the U.S. dollar so that it might retain its function as the world’s reserve currency. But to suppress the price of gold is to disable the barometer of the international financial system so that all markets may be more easily manipulated. This manipulation has been a primary cause of the catastrophic excesses in the markets that now threaten the whole world.
Note: Did you notice that for the first time in history gold passed the $1,000 per ounce mark on March 13, 2008? Why did the major media practically ignore this huge milestone? Gold rose 32% in 2007 and continues to rise, yet the media is giving very little attention to this. Some newspapers which regularly listed the price of gold in their business section are no longer doing so. Why? For more, click here.
The tax audit rates of the largest companies are less than half what they were 20 years ago while more small and mid-size businesses are coming under scrutiny, according to an organization that monitors the Internal Revenue Service. The Syracuse University-based Transactional Records Access Clearinghouse described what it said was a "historic collapse" in audits for corporations holding assets of $250 million or more. About 26 percent of them were audited in the 2007 budget year compared with 34 percent in 2006 and 43 percent in 2005. The IRS did not dispute the numbers, based on agency data. The TRAC report concluded that the IRS also was concentrating on regular small and mid-sized companies to boost audit numbers. "Moving the focus of the corporate auditors away from the large corporations and toward the smaller ones has been quite effective when it came to increasing the overall number of these kinds of audits but actually was counterproductive in financial terms," the researchers said. TRAC also questioned the financial benefits of the shift. The group said that last year the government uncovered $682 in additional recommended taxes for every revenue agent hour spent auditing the smallest corporations, compared with $7,498 in additional taxes for audits of the largest corporations. Dean Zerbe, national managing director for Houston-based alliantgroup, which provides tax services for medium-sized companies, said his fear was that "in the IRS' zeal to show Congress improved numbers in corporate audit, it is America's small and medium businesses that are taking it on the chin."
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The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority. Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible. Sophisticated overhead sensor data will be used for law enforcement once privacy and civil rights concerns are resolved, he said. His statements marked a fresh determination to operate the department's new National Applications Office. But Congress delayed launch of the new office last October. Critics cited its potential to expand the role of military assets in domestic law enforcement, to turn new or as-yet-undeveloped technologies against Americans without adequate public debate, and to divert the existing civilian and scientific focus of some satellite work to security uses. Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate. [Rep. Bennie G. Thompson (D-Miss.), chairman of the House Homeland Security Committee] said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."
Note: For many more revealing stories on threats to civil liberties, click here.
Bush administration officials from Vice President Dick Cheney on down signed off on using harsh interrogation techniques against [captives] after asking the Justice Department to endorse their legality, The Associated Press has learned. The officials also took care to insulate President Bush from a series of meetings where CIA interrogation methods, including waterboarding, ... were discussed and ultimately approved. A former senior U.S. intelligence official familiar with the meetings ... spoke on condition of anonymity because he was not authorized to publicly discuss the issue. Between 2002 and 2003, the Justice Department issued several memos from its Office of Legal Counsel that justified using the interrogation tactics, including ones that critics call torture. "If you looked at the timing of the meetings and the memos you'd see a correlation," the former intelligence official said. The meetings were held in the White House Situation Room in the years immediately following the Sept. 11 attacks. Attending the sessions were Cheney, then-Bush aides Attorney General John Ashcroft, Secretary of State Colin Powell, CIA Director George Tenet and National Security Advisor Condoleezza Rice. The American Civil Liberties Union called on Congress to investigate. "With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House," ACLU legislative director Caroline Fredrickson said. "This is what we suspected all along." The former intelligence official described Cheney and the top national security officials as deeply immersed in developing the CIA's interrogation program during months of discussions over which methods should be used and when."
Thirty pages into a memorandum discussing the legal boundaries of military interrogations in 2003, senior Justice Department lawyer John C. Yoo tackled a question not often asked by American policymakers: Could the president, if he desired, have a prisoner's eyes poked out? Or, for that matter, could he have "scalding water, corrosive acid or caustic substance" thrown on a prisoner? How about slitting an ear, nose or lip, or disabling a tongue or limb? What about biting? These assaults are all mentioned in a U.S. law prohibiting maiming, which Yoo parsed as he clarified the legal outer limits of what could be done to terrorism suspects as detained by U.S. authorities. The specific prohibitions, he said, depended on the circumstances or which "body part the statute specifies." But none of that matters in a time of war, Yoo also said, because federal laws prohibiting assault, maiming and other crimes by military interrogators are trumped by the president's ultimate authority as commander in chief. In the sober language of footnotes, case citations and judicial rulings, the memo explores a wide range of unsavory topics, from the use of mind-altering drugs on captives to the legality of forcing prisoners to squat on their toes in a "frog crouch." It repeats an assertion in another controversial Yoo memo that an interrogation tactic cannot be considered torture unless it would result in "death, organ failure or serious impairment of bodily functions." Yoo, who is now a law professor at the University of California at Berkeley, also uses footnotes to effectively dismiss the Fourth and Fifth amendments to the Constitution, arguing that protections against unreasonable search and seizure and guarantees of due process either do not apply or are irrelevant in a time of war. He frequently cites his previous legal opinions to bolster his case.
In a major shift of policy, the Justice Department, once known for taking down giant corporations, including the accounting firm Arthur Andersen, has put off prosecuting more than 50 companies suspected of wrongdoing over the last three years. Instead, many companies, from boutique outfits to immense corporations like American Express, have avoided the cost and stigma of defending themselves against criminal charges with a so-called deferred prosecution agreement, which allows the government to collect fines and appoint an outside monitor to impose internal reforms without going through a trial. In many cases, the name of the monitor and the details of the agreement are kept secret. Deferred prosecutions have become a favorite tool of the Bush administration. But some legal experts now wonder if the policy shift has led companies, in particular financial institutions now under investigation for their roles in the subprime mortgage debacle, to test the limits of corporate anti-fraud laws. Firms have readily agreed to the deferred prosecutions, said Vikramaditya S. Khanna, a law professor at the University of Michigan who has studied their use, because “clearly it avoids a bigger headache for them.” Some lawyers suggest that companies may be willing to take more risks because they know that, if they are caught, the chances of getting a deferred prosecution are good. “Some companies may bear the risk” of legally questionable business practices if they believe they can cut a deal to defer their prosecution indefinitely, Mr. Khanna said. Legal experts say the tactic may have sent the wrong signal to corporations — the promise, in effect, of a get-out-of-jail-free card.
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Important Note: Explore our full index to revealing excerpts of key major media news stories on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.