Political MoJo

Tennessee Congressman Slams Holder on Pot Prosecution

| Thu May. 16, 2013 7:17 AM PDT
Eric HolderAttorney General Eric Holder.

Attorney General Eric Holder's appearance before the House Judiciary Committee went exactly like you'd expect. Rep. Darrell Issa (R-Calif.) grilled him on the excessive redaction of emails he'd requested relating to Secretary of Labor-nominee Tom Perez. Rep. Tom Marino (R-Penn.) grilled him on the investigation into leaked intelligence on the Benghazi attack. Rep. Raul Labrador (R-Idaho) grilled him on his failure to recuse himself in writing from said leak investigation. Rep. Louie Gohmert (R-Texas) said some crazy things about asparagus.

But not everyone was as focused on the scandals du jour (or asparagus). In a rare moment of actual congressional outrage over federal sentencing guidelines and drug policy, Rep. Steve Cohen (D-Tenn.) used his allotted five minutes to question the administration's near-total refusal to make use of its pardon power—and its continued prosecution of marijuana offenses. The money quote:

One of the greatest threats to liberty has been the government taking people's liberty for things that people are in favor of. The Pew Research Group shows that 52 percent of Americans think that marijuana should not be illegal. And yet there are people in jail, and your Justice Department continues to put people in jail for sale and use, on occasion, of marijuana. That's something the American public has finally caught up with. It was a cultural lag, and it's been an injustice for 40 years in this country, to take people's liberty for something that was similar to alcohol. You have continued what is allowing the Mexican cartels power, and the power to make money, ruin Mexico, hurt our country, by having a prohibition in the late 20th- and 21st-century. We saw it didn't work in this country in the '20s, we remedied it. This is the time to remedy this prohibition, and I would hope you would do so.

Watch:

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Why Won't the Feds Rein In the Firms That Tanked America's Economy?

| Wed May. 15, 2013 7:36 PM PDT

It looks like one of the primary causes of the 2007 financial crash may be here to stay.

Before the crisis, the credit-rating agencies (such as Fitch, Moody's, and Standard & Poor's) that evaluate the relative risk of investment products offered by Wall Street banks, routinely assigned their highest ratings to bonds built out of junky, high-risk mortgages. Because of those ratings, the bad bonds sold like hotcakes, which in turn encouraged lenders to make more high-risk loans to sell to the banks to package into more risky bonds—and so on until the house of cards came down. (For a great read on all of this, see Michael Lewis' "The Big Short.")

Part of the reason the ratings agencies behaved so recklessly is that they were (and still are) paid by the banks whose products they rate. Yet even now, years after the financial crisis, the Securities and Exchange Commission isn't sure what it wants to do, if anything, about this loaded situation. So it held a roundtable discussion on Tuesday to think about it some more.

Credit-rating agencies "effectively took huge bribes from banks to misinform people about risk," says Marcus Stanley, policy director of Americans for Financial Reform. "This is a critical issue and [the SEC] has taken a complete pass on it" so far.

IRS Head Forced Out After Tea Party Scandal

| Wed May. 15, 2013 5:55 PM PDT

President Barack Obama announced Wednesday that Treasury Secretary Jack Lew has requested and accepted the resignation of acting Internal Revenue Service commissioner Steven Miller in response to news that the agency singled out some conservative organizations for extra scrutiny.

Beginning in March 2010, the IRS targeted groups with words like "tea party" and "patriot" in their names when applying tax laws relating to political activity. There's no evidence other groups got the same level of scrutiny, although according to a investigation by the Treasury Department's inspector general, that was due more to murky campaign finance laws than ideological discrimination.

"I will not tolerate this kind of behavior in any agency, but especially in the IRS, given the power that it has and the reach that it has in all of our lives," said Obama, who took heat this week over the IRS affair as well as his administration's handling of the Benghazi attack and the Justice Department's seizure of journalists' phone records.

Miller wasn't at the IRS when the Tea Party targeting happened—Bush appointee Doug Shulman was in charge then. But according to the IRS, Miller failed to alert the Obama administration to the problem when he learn it in May 2012. Miller is scheduled to testify before the House Ways and Means Committee on Friday.

Obama also announced that he had told Treasury Secretary Lew to implement recommendations in the inspector general's report, which doesn't mention Miller's name, and said he will work with Congress "as it performs its oversight role."

Harry Reid: Obama's Pick for Labor Secretary Will Get a Vote Soon

| Wed May. 15, 2013 1:10 PM PDT
Labor secretary nominee Thomas Perez

Much news has been made of the dozens of judicial slots left vacant due to the constant roadblocks set by Senate Republicans. But Republicans have also blocked or delayed an unprecedented number of cabinet-level presidential nominees during the Obama administration, including most recently labor secretary nominee Thomas Perez, the assistant attorney general for civil rights in the Justice Department, a progressive whose confirmation vote Republicans have repeatedly derailed.

"Now they're double-teaming him," Sen. Majority Leader Harry Reid complained during a Wednesday morning meeting with reporters at the Capitol. "They're holding hearings in the House as to how he's doing in his present job."

House Republicans have scrutinized Perez's alleged role in preventing a St. Paul housing discrimination case from reaching the Supreme Court, and his use of a personal email address to conduct official business. That, Reid said, was done "just to deflect attention from the fact that he's being held up [in the Senate]."

To push back, Senate Democrats plan to force committee votes on three cabinet-level nominees, including Perez. Reid's office expects Perez to be voted out of committee on Thursday, after which Reid plans to schedule a confirmation vote in the near future. Senate Democrats, including Harry Reid, have also floated the possibility of using the nuclear option, which would change Senate rules through a simple majority vote to prevent filibusters on nominees.

The only cabinet-level nominee who has arguably faced harsher resistance from Republicans was former Sen. Chuck Hagel, a Republican himself who was confirmed as secretary of defense in February after facing a filibuster unprecedented for his cabinet position.

Republicans have also been using procedural maneuvers in the Senate to block two other cabinet-level nominees: Obama fundraiser Penny Pritzker as commerce secretary, and Gina McCarthy as head of the Environmental Protection Agency.

Reid also said he planned to schedule a vote soon for Richard Cordray, an uncontroversial lower-level nominee picked to lead the Consumer Financial Protection Bureau. If Republicans block his nomination, Talking Points Memo reports, it could strengthen the case for filibuster reform.

"I'm going to make sure he's going to have a vote next week, and we'll see what happens after that," Reid said of Cordray. "But my point is, this [obstruction] can't go on. This is not good for the country."

Earlier this year, Reid disappointed allies craving real filibuster reform when he declined to pursue major Senate rules changes. He said he has no current plans to take on filibuster reforms, such as one that would weaken Senators' ability to block nominees, but is considering doing so "very closely" as Republicans continue to threaten filibusters against Obama nominees.

"Whether it’s Jeb Bush or Hillary Clinton that’s the next president, I don’t think they should have to go through what we’ve gone through here," Reid said.

Top Dem Trying to Resurrect Political Intel Disclosure Requirement

| Wed May. 15, 2013 11:40 AM PDT
Louise SlaughterRep. Louise Slaughter (D-N.Y.)

Rep. Louise Slaughter, the top Democrat on the powerful House rules committee, has a response to Republican efforts to water-down financial reform legislation: Tie it to political intelligence. On Tuesday, with the rules committee set to consider the SEC Regulatory Accountability Act, a GOP bill designed to stunt the Security and Exchange Commission's implementation of the Dodd–Frank financial reform law, Slaughter introduced an amendment that would prevent the law from going into effect unless Congress also passes a law requiring so-called political intelligence operatives to register under the Lobbying Disclosure Act and disclose their clients. Slaughter would also extend revolving-door statutes to government employees who join the private sector, mandating a cooling-off period of varying length before they can begin working as a political intelligence operative.

Political intelligence is a roughly $400-million-a-year industry which collects information on Congressional and regulatory wheeling and dealing, and passes it on to clients on Wall Street. Political intel operatives insist they come in peace, and that their work at its most basic level is a lot like that done by journalists—albeit for much smaller audiences. The counterpoint from disclosure advocates is this story from the Wall Street Journal, which describes how a hedge fund gained early access to a decision by the Centers for Medicare and Medicaid Services and triggered a spike in the stock prices of health insurers. The SEC launched an investigation into the case in April.

Slaughter first floated regulation of political intelligence in 2006, and nearly pushed it through last year before a fierce push-back from hedge fund lobbyists slammed the door. Her amendment isn't expected to pass, but it's a preview of what Slaughter and Sen. Chuck Grassley (R-Iowa) are hoping to unveil in a few months, after the SEC finishes its probe.

Here's the amendment:

 

 

Update: Slaughter's amendment was blocked. Here's the relevant exchange:

Corn on MSNBC: It's Insulting To Watergate to Compare Anything to Watergate

Wed May. 15, 2013 10:32 AM PDT

The spate of investigations in Washington this week is great fodder for GOP members, who have repeatedly compared the scandals to Watergate. DC Bureau Chief David Corn doesn't think it's a fair comparison: "It's insulting to Watergate to compare anything to Watergate!" he says. Watch him discuss the Watergate analogy with Salon's Joan Walsh and host Al Sharpton on MSNBC's PoliticsNation:

David Corn is Mother Jones' Washington bureau chief. For more of his stories, click here. He's also on Twitter.

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The Obama Administration Has a Long Record of Prosecuting Leakers

| Wed May. 15, 2013 10:17 AM PDT
obama holder

The Associated Press announced on Monday that federal agents had secretly seized two months of its phone records in what the organization called a "serious interference with the A.P.’s constitutional rights to gather and report news." Although much of the resulting furor has focused on the rights of a free press, the sweeping move by the Department of Justice also highlights the Obama administration's rough treatment of leakers and whistleblowers within its ranks.

The Obama administration has used the 1917 Espionage Act, which was originally designed to prosecute spies, to indict twice as many government officials for leaks than all other administrations combined. The Knight Center for Journalism in the Americas has assembled a list of the six current and former government officials that the Obama administration has indicted under the law:

1. Shamai K. Leibowitz, 2009

Leibowitz, a former-FBI Hebrew translator, pleaded guilty to leaking classified information to Richard Silverstein who blogs at Tikun Olam, reported AlterNet. The translator passed 200 pages of transcribed conversations recorded by FBI wiretaps of the Israeli embassy in Washington, D.C. Leibowitz was sentenced to up to 20 months in prison, according to The Washington Post.

2. Stephen Jin-Woo Kim, 2010

Kim was a nuclear proliferation expert working on a contract basis for the U.S. State Department when he was accused of leaking information about North Korea to Fox News.

The Justice Department claimed that Kim was the source behind Fox News journalist James Rosen’s 2009 report suggesting that the North would likely test another nuclear bomb in reaction to a United Nations Security Council resolution condemning its tests, reported AlterNet.

Kim pleaded not guilty to the charges. A Federal Grand Jury indicted him but the case has not gone to trial, according to The New York Times.

3. Thomas Drake, 2010

Drake worked as a senior executive at the National Security Agency when he was charged with “willful retention” of classified documents under the Espionage Act. He leaked information about government waste on digital data gathering technology to The Baltimore Sun, according to AlterNet.

At one point Drake faced up to 35 years in prison for several charges. Eventually, most of the charges were dropped and he pleaded guilty to a misdemeanor for  “exceeding authorized use of a computer.” He was sentenced to one-year probation and community service.

4. Pfc. Bradley Manning, 2010

Probably the best known of the six under indictment, Manning was the source behind the WikiLeaks and CableGate information dumps. Critics accuse the government of dragging its feet and aggressively redacting requests for public information about the trial. One journalist opined that the Guantanamo military tribunals were more transparent.

Manning faces a court martial and a harsher sentence that could include life in prison without parole, reported The New York Times. AlterNet pointed out, however, that prosecutors would have to prove Manning released the documents with the intention of harming the U.S. to win those harsher charges, something Manning denies. His trial is set for next month, June 3.

5. Jeffery Sterling, 2010

Sterling, a former-CIA official, pleaded not guilty to leaking information to New York Times journalist James Risen regarding a failed U.S. attempt to sabotage Iran’s nuclear program. The information in question was published in Risen’s book “State of War.”

Risen successfully fought several subpoenas from the federal government to reveal his sources during Sterling’s trial, according to the Committee to Protect Journalists. The Justice Department announced in the summer of 2012 that it has “effectively terminated” the case, according to the Times.

6. John C. Kiriakou, 2012

One of the few prosecuted under the Espionage act to serve jail time, Kiriakou was sentenced to 30 months in prison on Jan. 25, 2013, for leaking classified information to the media. Kiriakou pleaded not guilty to releasing the name of an undercover CIA agent to a reporter and information about the intelligence agency’s use of waterboarding, a controversial interrogation technique.

Kiriakou is the first person successfully prosecuted under the Intelligence Identities Protection Act in 27 years, according to the Times. The reporter the ex-CIA official spoke to did not publish the undercover agent’s name, although the Times pointed out that the agent’s identity appeared in a sealed legal filing and on an “obscure” website.

Ex-IRS Director: Tea Party Groups Deserved Scrutiny, But IRS Bungled the Job

| Wed May. 15, 2013 3:00 AM PDT

Among those in attendance last Friday when IRS official Lois Lerner admitted that agency staffers had systematically singled out tea partiers and other conservative groups for special scrutiny was a lawyer named Marcus Owens. Lerner's admission was shocking, and nobody realized that more than Owens. That's because he served as director of the Exempt Organizations Division from 1990 to 2000, prior to Lerner holding the job.

Owens, who has worked on tax law issues in private and public practice for almost 40 years, including 25 years at the IRS, says he has been getting a lot of calls about the scandal. The way he sees it, he told me in an interview on Tuesday, is that the IRS was right to take a close look at conservative groups applying for tax-exempt status during the 2010 and 2012 election cycles. Particularly in 2010, hundreds of new conservative groups were springing up across the country. "I think that it would be unreasonable to expect the IRS to ignore that, and to simply approve these 501(c)(4) applications from politically active organizations as if they were Scout troops or Little Leagues," he said. "That doesn't mean they should be denied exemption or that the evaluation should be overboard or overly intrusive, but there should be special evaluation."

Could Federal Seizure Be the Beginning of the End for Bitcoin?

| Tue May. 14, 2013 5:03 PM PDT

In what may be the first move toward a federal shutdown of the wildly popular online currency known as Bitcoin, the Department of Homeland Security today issued an order that has restricted the transfer of funds in and out of Mt. Gox, the Bitcoin exchange that handles some 60 percent of the transactions.

A creation of bank-fearing techies, Bitcoins are now worth more than $1 billion, and consumer interest has been skyrocketing. For more background, read our Bitcoin explainer.

Elizabeth Warren to Obama Administration: Take the Banks to Court, Already!

| Tue May. 14, 2013 4:34 PM PDT

On Tuesday, fierce consumer advocate and needler of banks Sen. Elizabeth Warren (D-Mass.) called out Wall Street regulators for their habit of giving tepid punishments to misbehaving banks, and asked the agencies to justify their policy of settling with the wrongdoers out of court.

Warren sent a letter to the Justice Department, as well as to the Securities and Exchange Commission and the Federal Reserve, asking them for evidence on how a settlement that doesn't require a bank to admit guilt would be better policy than taking the bad apple to trial. If regulators at least show that they are willing to play tough, she argued, it will help deter bad behavior and allow regulators to negotiate bigger fines in the event of a later settlement.