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    Untouchable review: Trump as ‘lawless Houdini’ above US justice

    ReviewUntouchable review: Trump as ‘lawless Houdini’ above US justice Elie Honig offers a powerful indictment of the former president and those who have failed to bring him downThis book by a former federal prosecutor is subtitled “How Powerful People Get Away With It” but its overwhelming focus is Donald Trump and Merrick Garland, the most famous unindicted miscreant of modern times and the attorney general most responsible for the failure, so far, to prosecute any of his offences.People vs Donald Trump review: Mark Pomerantz pummels Manhattan DARead moreElie Honig writes that a “staggering parade” of Trump’s henchmen have been indicted, convicted, imprisoned or all three: Michael Cohen, Roger Stone, Paul Manafort, Michael Flynn, Steve Bannon, Peter Navarro, Rick Gates, George Papadopoulos, Lev Parnas, Igor Fruman, Thomas Barrack, Elliott Broidy, Sam Patten, George Nader, Allen Weisselberg and – last but not least – the Trump Organization itself.And yet, somehow, “a lawless Houdini … stands at the epicenter of the carnage, untouched, undeterred, and, if anything, emboldened”.Honig thinks the district attorney of Fulton county, Georgia, is still “the most likely to indict Trump” for his efforts to tamper with election results. But Honig makes a powerful case that “the prime opportunities to hold Trump criminally accountable for his actions have passed”, as federal and state prosecutors, especially Garland, “have fumbled away their best chances and inexcusably allowed years to lapse without meaningful action”.In the last four years, justice department leaders have zigzagged between extremes. First there was the wildly political and persistently dishonest William Barr, whose efforts to keep Trump safe ranged from keeping his name out of the indictment of Cohen for illegal hush money paid to Stormy Daniels, to Barr’s flatly false assertion that evidence developed by the special counsel Robert Mueller was “not sufficient to establish that the president committed an obstruction of justice offense”.Then came Garland, who is the opposite of Barr but who so far has managed to be nearly as helpful to Trump as his predecessor.“The problem,” Honig writes, “is in seeking to … restore political independence [for the justice department], Garland has gone too far …“It’s one thing to do the job without regard to politics. But it’s another to contort ordinary prosecutorial judgement to avoid doing anything that might even be perceived as political or controversial.”Honig prosecuted more than a hundred members of the mafia. He recounts several such cases, highlighting the similarities between the chiefs of famous families like the Luccheses and Gambinos and the man at the top of the Trump Organization.One way in which they operate the same way is to make sure subordinates lie to protect their boss, without being directly ordered to do so. For example, Cohen perjured himself when he said Trump’s efforts to build a tower in Moscow ended before the Iowa caucuses in 2016. They actually continued for months, into the “heart of the presidential campaign”.Honig writes: “Trump never said to Cohen, ‘I need you to lie for me.’ Instead, Trump openly lied in public about the timing of the Russia deal ‘for all to see’ – including Cohen.“Therein lies the beauty of being a boss. Trump never said the magic words that would have obviously given rise to criminal liability.”Honig also focuses on the dubious ethics of the former Manhattan district attorney Cyrus Vance Jr, who bungled a chance to indict two of Trump’s children over the Trump Soho project, then did the same with an investigation of Trump himself.The lawyer for Donald Trump Jr and Ivanka Trump was Marc Kasowitz. As the New Yorker, ProPublica and WNYC reported, Kasowitz gave Vance a $25,000 campaign contribution in January 2012 – just five months before meeting with Vance about the Trump kids’ case.Vance returned Kasowitz’s contribution just before his meeting with Kasowitz. Three months after the meeting, Vance dropped the case against the Trumps. Incredibly, just a few weeks after that, “Vance accepted a brand new, even larger campaign contribution from Kasowitz, who personally donated almost $32,000 and raised at least $18,000 more.” Five years later – only after the New Yorker had reported those additional contributions – Vance returned Kasowitz’s contribution again!“This much is beyond dispute,” Honig writes. “The sequence here looked terrible.”But no one comes out looking worse than Garland. Trump was protected while he was in the White House by a decades-old justice department memoranda which concluded it was impossible to indict a sitting president. After 21 January 2021, Trump lost that protection. But for many months, Garland did nothing concrete to take advantage.Honig offers the seven-count indictment he says he would have brought against Trump if he were the prosecutor in charge. It would include:
    Count 1: obstruction of justice. The Mueller report’s description of Trump’s firing of the FBI director James Comey and his attempts to fire special counsel Mueller provides overwhelming evident that “Trump obstructed justice”.
    Count 2: campaign finance violations connected to hush money paid to two of Trump’s alleged former girlfriends.
    Count 3: bribery, extortion, foreign election aid and witness retaliating and tampering, all of which were the subject of Trump’s first impeachment.
    Count 4: conspiracy, obstruction of an official proceeding and election interference – the subject of the second impeachment.
    Myth America review: superb group history of the lies that built a nationRead moreHonig’s final conclusion: while “Garland plays by Marquess of Queensbury rules”, Trump is “a remorseless street brawler”. Garland could have brought criminal charges “but he didn’t, at least not in a timely manor … As many advantages as the system gave to Trump, and as aggressive and effective as he has been in explaining them, Garland still could have achieved some measure of justice, if he had just done his job.”This week brought the news that Jack Smith, the special counsel belatedly appointed by Garland to investigate Trump, had subpoenaed Trump’s former vice-president, Mike Pence, as part of his investigation of the former president’s post-election activities.Perhaps the justice department will manage to defy expectations and return an indictment against Donald Trump. This powerful book, however, offers very little hope for that most desirable outcome.
    Untouchable: How Powerful People Get Away With It is published in the US by Harper
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    E Jean Carroll files new suit against Trump as New York sexual abuse law takes effect

    E Jean Carroll files new suit against Trump as New York sexual abuse law takes effectJPMorgan and Deutsche Bank also face lawsuits in connection with Jeffrey Epstein’s alleged sex trafficking A New York law that temporarily allows adult survivors of sexual abuse to sue their abusers beyond the statute of limitations for civil claims came into effect on Thursday – and with it, the first of what could be hundreds of new legal actions.Among the first claims filed under the Adult Survivors Act (ASA), signed into law in May by Governor Kathy Hochul, is that of E Jean Carroll, a writer who accused Donald Trump of rape. Carroll filed an upgraded lawsuit against Trump minutes after the new state law took effect.Claims were also brought against JPMorgan and Deutsche Bank by lawyers acting for unnamed individuals who accuse the banks of turning a blind eye to alleged sex trafficking by the disgraced financier Jeffrey Epstein in order to “churn profits”.The lawsuits, filed separately in a New York court, allege the banks “knowingly benefited and received things of value for assisting, supporting, facilitating, and otherwise providing the most critical service for the Jeffrey Epstein sex trafficking organization”.JPMorgan, the largest US bank, is accused in the suit of “financially benefiting from participating” in Epstein’s alleged operation by providing financial support from 1998 to August 2013.Deutsche Bank is accused of knowing it would “earn millions of dollars” from its relationship with Epstein. Both actions are seeking unspecified damages. A Deutsche Bank spokeswoman told the Wall Street Journal the claim “lacks merit” and the bank would present its arguments in court. A spokesman for JPMorgan in London declined to comment to the Journal.Trump is running for president again – but these legal battles might stand in the wayRead moreAccording to Bradley Edwards, a Florida lawyer who has featured prominently in exposing Epstein’s alleged crimes and in seeking financial restitution from Epstein’s $577m estate, “Epstein and his co-conspirators could not have victimized without assistance from wealthy individuals and financial institutions”.The class-action suit against JPMorgan also names Jes Staley, former head of JPMorgan’s private bank, who was forced to step down as chief executive officer of Barclays after UK regulators shared with Barclays the preliminary findings of their inquiry into what he told the Barclays board about his relationship with the disgraced financier.“Staley made sure Epstein and his illegal sexual abuse organization was absolutely protected by the bank,” according to the lawsuit filed Nov. 24. Lawyers for Staley declined to comment, according to the Wall Street Journal. Bloomberg noted that “none of the allegations against Staley in the suit have been publicly proved”.In E Jean Carroll’s case against Trump, the former Elle columnist is seeking unspecified compensatory and punitive damages for pain and suffering, psychological harm, dignity loss and reputation damage.Carroll first made the claim in a 2019 book, saying Trump had raped her in the dressing room of a Manhattan luxury department store in 1995 or 1996. Trump responded to the book’s allegations by saying it could never have happened because Carroll was “not my type”.His remarks led Carroll to file a defamation lawsuit against him, but that lawsuit has been tied up in appeals courts as judges decide whether he is protected from legal claims for comments made while he was president.In her new claims, Carroll maintains that Trump committed battery “when he forcibly raped and groped her” – and that he defamed her when he denied raping her last month.“Trump’s underlying sexual assault severely injured Carroll, causing significant pain and suffering, lasting psychological harms, loss of dignity, and invasion of her privacy,” the suit alleges, adding: “His recent defamatory statement has only added to the harm that Carroll had already suffered.”Carroll’s attorney, Roberta Kaplan, said at a court hearing that her client “intends to hold Donald Trump accountable not only for defaming her, but also for sexually assaulting her, which he did years ago in a dressing room at Bergdorf Goodman”.Trump, who has denied the allegations against him, said in a statement that Carroll “completely made up a story that I met her at the doors of this crowded New York City Department Store and, within minutes, ‘swooned’ her. It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years.”The JPMorgan, Deutsche Bank and Carroll lawsuits may be the first of dozens of new actions to be filed through the New York legal window. A previous two-year window, the 2019 Child Victims Act, saw cases brought that would otherwise have been beyond the statute of limitations, including Virginia Giuffre’s settled claim against Prince Andrew.Hundreds of lawsuits may now be forthcoming, including many by women who claim they were assaulted by co-workers, prison guards or medical providers, in part because it allows an institution like a hospital or jail to be held responsible.“I think there will be some very interesting cases that come about in the employment cases where powerful men, who were supervising women or overseeing women, sexually assaulted them and they will be able to hold their perpetrator accountable but also their employers,” the attorney Doug Wigdor, who has represented women in many high-profile civil or criminal actions of the #MeToo era, told CNN.The previous window, which limited new claims to child sex abuse cases, produced almost 11,000 claims, a New York state office of court administration spokesperson told CNN. It has been estimated that claims against the New York state prison system could include 750 women alleging sexual assault.New York’s department of corrections and community supervision said in a statement that it had “zero tolerance for sexual abuse, sexual harassment, and unauthorized relationships”.Also anticipated are new lawsuits on behalf of about 40 women who claim they were subjected to unlawful sexual abuse by the former Columbia University gynecologist Dr Robert Hadden. About 150 claims against the gynecologist have already been settled.Hadden was convicted in 2016 on sex-related charges in state court. He is due to be tried on federal charges of abusing female patients over two decades next year. He has pleaded not guilty.TopicsNew YorkDonald TrumpUS politicsJeffrey EpsteinJP MorganDeutsche BanknewsReuse this content More

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    Kenneth Starr obituary

    Kenneth Starr obituaryAmerican lawyer whose 1998 Starr report led to the impeachment of Bill Clinton Kenneth Starr, who has died aged 76 after complications from surgery, was the independent prosecutor whose investigation of Bill and Hillary Clinton’s investment in a real-estate project called Whitewater began in somewhat pious partisanship and descended into prurience. It led to President Clinton’s impeachment for perjury based on his lying about his relationship with a White House aide, Monica Lewinsky.The Clinton impeachment was an American watershed. Following the OJ Simpson trial of the mid-1990s, it established scandal as the fuel that powered television news, but more importantly it pointed the way to use congressional investigation in order to disrupt a presidency, a tactic followed repeatedly against the Barack Obama administration, including six House investigations, lasting more than two years, of the secretary of state, Hillary Clinton, over the assault on the US embassy in Benghazi, Libya.His proteges, including the supreme court chief justice, John Roberts, and justice Brett Kavanaugh, Starr’s key Whitewater aide, spoke highly of him following his death. His career was inexorably bound to sex scandals, starting with his 1993 review of the Republican Senator Bob Packwood’s diaries in Senate ethics committee hearings over accusations of sexual abuse and assault.As part of Jeffrey Epstein’s legal team, Starr crucially lobbied federal authorities to drop their sex-trafficking prosecution and allow Epstein to plead guilty, in 2008, to lesser state charges with a far lighter sentence in Florida.Towards the end of his career, in 2016, Starr was forced to step down as president of Baylor University over that institution’s failure to pursue rape charges against football players.And while supporters rejected accusations of partisan hypocrisy, the man whose Whitewater mantra was “there’s no excuse for perjury – never, never, never. There is truth and the truth demands respect,” wound up defending the then president Donald Trump during his first impeachment trial, in 2020, having already, as an analyst on Fox News, advised that Trump’s impeachment would be “bad for the country”.Starr’s Washington career had its roots in his religious upbringing. Born in Vernon, Texas, he grew up in small towns in the state’s panhandle where his father, Willie D Starr, was a barber and sometime minister in the Churches of Christ; his mother, Vannie (nee Trimble), was a homemaker. They moved to San Antonio, where Kenneth was voted “most likely to succeed” in his high school.Following two years at what is now Harding University in Arkansas, he transferred to George Washington University in DC, graduating in 1968 with a BA in history. In 1970 he took a master’s in political science at Brown University, Rhode Island, and married Alice Mendell, who worked in public relations, before getting his law degree from Duke University, North Carolina, in 1973.After working as a clerk for the supreme court chief justice Warren Burger, in 1977 Starr joined the law firm Gibson Dunn. He went on in 1981 to become chief of staff to William French Smith, Ronald Reagan’s attorney general; two years later Reagan appointed Starr to the US court of appeals for the district of Columbia.In 1989 Starr left the bench to become George HW Bush’s solicitor general; Roberts was his assistant. The following year Bush considered Starr for a place on the supreme court, but Republicans in Congress feared Starr was not conservative enough. Ironically, Bush’s appointee, David Souter, turned out to be far less conservative than they had hoped. Two years later, Starr’s review of Packwood’s diaries convinced the ethics committee chair, Mitch McConnell, of Starr’s deft conservativism.So, when the original Whitewater independent counsel, Robert B Fiske, issued his interim report clearing the Clintons of fraud and of any involvement in the suicide of the White House lawyer Vince Foster, Fiske was ousted and, in August 1994, Starr appointed.By 1997, despite plea bargains and imprisoning witnesses who refused to implicate the Clintons, Starr had done little but endorse Fiske’s findings about Foster. He wanted to leave and become dean of public policy at Pepperdine College, but was convinced to stay until the 1998 elections.In January 1998, Clinton gave a deposition in a civil suit for sexual harassment filed by Paula Jones, saying he had never had a workplace affair; one of the women included in his denial was a White House staffer named Monica Lewinsky.Ken Starr: ‘There are eerie echoes of the past’Read moreTwo days later, Starr, who had advised Jones’s lawyers, was given tapes made secretly of Lewinsky admitting her affair with Clinton. This led to the orgy of coverage about semen-stained dresses and inserted cigars, as Lewinsky’s grand jury testimony set up a perjury trap for Clinton sprung by Kavanaugh, who aimed “to make his pattern of revolting behaviour clear, piece by painful piece”.As the case grew steamier, Kenneth Starr was rebranded “Ken” in the media, in an effort to make his shock more like an average Joe’s. Clinton was forced to answer a series of graphically explicit questions about the details of his relationship with Lewinsky. The House duly impeached, but the Senate acquitted Clinton. Starr rejoined the corporate law firm Kirkwood and Ellis, best known for defending the tobacco group Brown & Williamson.In 2004 he finally went to Pepperdine, as dean of the law school. In later cases he argued for Blackwater mercenaries accused of murdering civilians in Iraq, claiming they had “constitutional immunity”, and against California’s legalisation of gay marriage.He became president of Baylor, in Waco, Texas, in 2010, and chancellor in 2013. Although at least 17 women had accused football players of rape since he became president, he claimed during an investigation that “never was it brought to my attention there were issues”.He was found to have mishandled the accusations of sexual assault against members of the football team and removed as president in 2016; he then resigned as chancellor and as a professor of law.In his 2018 memoir, Contempt, Starr wrote: “I deeply regret that I took on the Lewinsky phase of the investigation, but there was no practical alternative.”He is survived by Alice, their son, Randall, and two daughters, Carolyn and Cynthia, and by a sister, Billie Jeayne, and a brother, Jerry.TopicsUS newsBill ClintonHillary ClintonMonica LewinskyOJ SimpsonBrett KavanaughJeffrey EpsteinobituariesReuse this content More

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    The Art of Prince Andrew’s Lawyers

    With everything that has been going on as the world seeks to weigh the chances of a nuclear war and a realignment of nations across the globe, fans of the media may have failed to tune into the real news that broke in recent weeks. Forget Ukraine, there is another drama whose suspense is building. It obviously concerns the fate of the battered Prince Andrew because of his role in the Jeffrey Epstein/Ghislaine Maxwell saga that has already produced an officially (and conveniently) declared “suicide” (Epstein’s) and a celebrity criminal trial (Maxwell’s). 

    Since a US judge has now agreed to bring Virginia Giuffre’s civil lawsuit to trial, it means that for the first time, a prince of England, a member of the royal family, will be officially put on the hot seat in an American courtroom. The rebelling colonists couldn’t get King George III to answer for his crimes, but they now appear to have a son of Elizabeth II in their grasp.

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    For weeks, the media have been running updates specifically on speculation about the legal strategy Andrew’s attorneys are likely to adopt. Though for the moment it remains mere speculation, it does have the power for attentive observers to provoke a few comic effects. The latest hypothesis has the lawyers seeking to turn the tables on Giuffre by accusing her of sex trafficking. They aren’t claiming Andrew is innocent, but they want her to appear guilty. Business Insider considers that ploy “risky” because the tactic consists of getting a witness — another of Epstein’s victims — to make that claim about Giuffre. It risks backfiring because the witness could actually contradict Andrew’s adamant claim that he never had sex with Giuffre.

    Embed from Getty Images

    Actually, the legal team appears already to have prepared a strategy for that eventuality. On January 26, NPR reported that Andrew’s lawyers addressed a message to the court saying, “that if any sexual activity did occur between the prince and Virginia Giuffre, it was consensual.” This may sound odd because the accused’s lawyers should know if he did or didn’t, but the law is never about knowledge, only the impression a good attorney can make on a judge or a jury.

    NPR continues its description of the lawyers’ position: “The court filing made clear that Andrew wasn’t admitting sexual contact with Giuffre. But it said if the case wasn’t dismissed, the defense wants a trial in which it would argue that her abuse claims ‘are barred by the doctrine of consent.’”

    Today’s Weekly Devil’s Dictionary definition:

    Consent:

    Agreement on something perceived as illicit between two or more people, including, in some extreme cases, a member of the British royal family and a 17-year-old American girl turned into a sex slave by the royal’s best American friend

    Contextual Note

    Since lawyers live in a world of hypotheticals, evoking the idea that “if” a judge and jury were to decide sexual contact between the two was real, it should enable the legal team to make a claim they expect the court to understand as: She was asking for it. In civil cases, all lawyers know that attack is the best defense.

    Thus, Andrew’s legal team is now being paid, not to prove the prince’s innocence, but to establish the guilt of the victim. They are seeking to create the impression that the Virginia Roberts of two decades ago was already a wolf in sheep’s clothing when she consented to consorting with a prince. And, of course, continues to be one as she seeks to profit from the civil trial today.

    Unique Insights from 2,500+ Contributors in 90+ Countries

    Most commentators doubt that Andrew has a case. This has permitted the media to revel in the humiliation of a man who has always been perceived as supercilious and deserving of no one’s attention apart from being the queen’s “favourite son.” That is why this has been nothing but bad news for Buckingham Palace. 

    And it looks to get worse. So stay tuned.

    Historical Note

    Legal experts tell us that what the prince’s lawyers refer to as the “doctrine of consent” is officially described as the “doctrine of informed consent.” More pertinently, the consent referred to focuses entirely on cases in the realm of medical treatment. It is all about a patient’s agreement to a medical procedure that may be risky. It defines the physician’s duty to inform the patient of all the risks associated with a recommended procedure. If consent is obtained, the physician will be clear of responsibility should any of the risks be realized.

    It may seem odd that Prince Andrew’s lawyers are appealing to a doctrine established specifically for medical practice. But while many will not think of lawyers themselves as appealing, whenever they lose a case, you can be sure that they will be appealing it. But that isn’t the only kind of appealing they do. When preparing a case, they will appeal to any random principle or odd fact that appears to serve their purpose. This should surprise no one because, just like politicians who focus on winning elections rather than governing, lawyers focus on winning cases for their clients rather than on justice.

    The sad truth, however, for those who believe that justice is a fine thing to have as a feature of an advanced civilization is that the lawyers are not only right to follow that logic; the best of their lot are also very skillful in making it work. Which is why what we call the justice system will always be more “just” for those who can afford to pay for the most skillful lawyers.

    The final irony of this story lies in the fact that, in their diligence, the lawyers have borrowed the idea behind the doctrine of consent, not from the world of sexual predation, but from the realm of therapy and medical practice. They need to be careful at this point. Even Andrew and his lawyers should know that if you insert a space in the word “therapist,” it points to the image Prince Andrew has in some people’s minds: “the rapist.” The mountains of testimony from Jeffrey Epstein’s countless victims reveal that, though they were undoubtedly consenting in some sense to the masterful manipulation of the deceased billionaire and friend to the famous and wealthy (as well as possibly a spy), all of them have been to some degree traumatized for life by the experience.

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    As Bill Gates explained when questioned about the problem of his own (he claims ill-informed) consent to whatever he was up to with Epstein, for him there could be no serious regrets. The problem no longer exists because, well, “he’s dead” (referring to his pal, Jeffrey). Prince Andrew is still alive, though this whole business has deprived him of all his royal privileges, making him something of a dead branch on the royal family tree. Virginia Giuffre is also still alive, though undoubtedly disturbed by her experience as a tool in the hands of Jeffrey Epstein, Ghislaine Maxwell and Prince Andrew.

    So, unless a nuclear war intervenes in the coming weeks between the US and Russia making everything else redundant (including the collapse of Meta’s stock), the interesting news will turn around the legal fate in the US of two prominent Brits. The first is a socialite (and possibly also a spy) as well as a high-profile heiress, Ghislaine Maxwell. She is expected to have a retrial sometime in the future. The second is none other than the queen’s favorite son.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Fair Observer Devil’s Dictionary.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Judicial Creativity Makes the News

    The criminal justice system in the United States may not be the best imaginable model for producing effective crime control. Given the numbers of people incarcerated, neither does it appear to be an effective tool of dissuasion. Its rate of 629 people incarcerated per 100,000 is five times as high as France (119) and seven times higher than Italy (89), the home of Cosa Nostra, ‘Ndrangheta and the Camorra. Only El Salvador begins to approach the US figure (572), an ungovernable, poverty-stricken nation in which criminality has become a way of life for its youth, largely deprived of any other perspectives.

    On the other hand, it has consistently demonstrated its creativity. American legislators at both the state and federal level have always found imaginative ways of improving the performance of a legal system designed to protect and sometimes even reward anyone who can afford an expensive lawyer (or team of lawyers) and crush anyone who cannot, especially if their ethnicity places them in a group reputed to be inclined to criminal activity.

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    California’s creative legislators were the first to initiate the brilliant idea, subsequently followed by more than 20 other states, of “three strikes and you’re out.” The national sport, baseball, provided them with the perfect model for setting the rules of civil behavior. The law was apparently “crafted to be largely symbolic.” It quickly achieved its purpose of consolidating in the public’s mind the idea of an identifiable, always-to-be-feared criminal class.

    Legislators and jurists invested much of their creative energy in finding acceptable ways to avoid sending people with lavish lifestyles to jail for a broad class of antisocial behavior, corporate crime, despite the fact that it frequently provokes major societal disasters. Senator Mitt Romney and the Supreme Court insisted that we think of corporations as people. But when they commit crimes, even with catastrophic consequences for millions of people’s lives, the courts not only cannot send a corporation to prison, they refrain from being too hard on the people at the top of those corporations who implemented the crimes since, after all, they were just doing their (well-paid) job and serving the economy. The same logic applies to members of the political establishment whose job responsibilities occasionally include committing war crimes across broad swaths of the world in the name of America’s sacrosanct “national security.”

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    Jeffrey Epstein clearly belonged to that same elite. Given the sums of money he controlled, he achieved something akin to a corporate identity. In 2008, he was convicted in a Florida court on an absurdly mild charge that had little to do with the crimes he was known to have committed. Thanks to arrangements that were made with federal prosecutors, he served a simulacrum of incarceration in which for 13 months he was free during the day but condemned to spend his nights in a public jail.

    In 2019, the mounting evidence of his criminality made the decision to arrest him unavoidable. Possibly in consideration of his powerful friends and associates, Epstein had the good sense to commit suicide in his jail cell when nobody was looking. Could there have been some complicity in his noble self-sacrifice? As Bill Gates famously said, “he’s dead, so in general you always have to be careful,” meaning that once he could no longer talk, Epstein’s friends conveniently no longer needed to be so careful.

    Epstein’s demise in jail — whether assisted or self-inflicted — was a new crime scene. The criminals, in this case, were identified as the two black prison guards who were charged with monitoring his cell. Instead, they slept or surfed the web on that fatal night. They falsified their report and, like everyone else in the institution, were totally unconcerned by the fact that the video surveillance system was not working. Being the kind of people they were (black working class), they were duly called to account for their crime.

    Last week, the BBC reports, “US prosecutors have dismissed charges against two prison guards who falsified records the night Jeffrey Epstein killed himself on their watch.” The prosecutors “asked a judge to dismiss their case, saying the pair have complied with a plea deal.”

    Today’s Daily Devil’s Dictionary definition:

    Plea deal:

    A procedure that allows judicial authorities to avoid the literal application of the law and to arrange things in whatever they deem the public interest to be, either in the interest of identifying the true, powerful, higher-level culprits hiding in the wings or in the interest of protecting them.

    Contextual Note

    The case of these two prison guards undoubtedly deserves a bit more reflection than US media seem willing to offer. The briefest attempt at reflection might include the consideration that subjecting the guards to the full force of the law in a trial involve the risk that they might implicate other people, including their own superiors, to prove their innocence.

    Unique Insights from 2,500+ Contributors in 90+ Countries

    In the imagined case that the two guards were not just neglectful but had received specific instructions not to carry out their normal duties that night, faced with the prospect of prosecution, they would undoubtedly be inclined to reveal in a public courtroom that they were simply following orders. In the equally imagined case that they were offered a chance to live their lives in peace after some sort of agreed settlement, part of the settlement would obviously include the dismissal of any charges against them.

    Instead of entertaining and investigating such hypotheses, the prosecutors issued this statement: “After a thorough investigation and based on the facts of this case and the personal circumstances of the defendants, the Government has determined that the interests of justice will best be served by deferring prosecution.” How, we might ask them, do they define “the interests of justice,” and justice for whom?

    Senator Ben Sasse, a Republican member of the Senate Judiciary Committee, found the procedure suspicious. He called the plea deal “unacceptable” and demanded “a report detailing the prison agency’s failures.” The BBC article subtly expresses its own doubts in the following remark: “It is unclear why the document was not filed until 30 December.” Let the reader wonder about that.

    “As part of a plea deal,” the BBC reports, “the pair agreed to complete 100 hours of community service and co-operate with an investigation by the justice department’s inspector general.” What about the other parts of the deal? And what does cooperating entail? Could it involve agreeing to a law of silence? The reader is still wondering.

    A classic plea deal seeks to implicate people higher up on the criminal ladder. But nothing prevents it from doing just the opposite.

    Historical Note

    Ironically, just this week, Glenn Greenwald exposed a different, equally suspect story of a possible plea deal, this one concerning WikiLeaks founder Julian Assange. Denouncing the control intelligence agencies have achieved over corporate news media, exemplified by the permanent presence of former high-level officials of the CIA and FBI as salaried staff of the networks, Greenwald cites former FBI Assistant Director and MSNBC employee Frank Figliuzzi. He argues that if extradited from the UK, “Assange may be able to help the U.S. government in exchange for more lenient charges or a plea deal. Prosecutions can make for strange bedfellows. A trade that offers a deal to a thief who steals data, in return for him flipping on someone who tried to steal democracy sounds like a deal worth doing.”

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    This would be a plea deal with purely political ends and no relation to any form or idea of justice. Instead, it relies on the radical injustice of obsessively prosecuting whistleblowers. The enmity between the intelligence agencies and Donald Trump is such that any prospect of legally embarrassing the former president appears worthwhile in the eyes of many people at MSNBC and in the establishment of the Democratic Party.

    Then there’s the case of Ghislaine Maxwell, convicted last week of sex trafficking as Jeffrey Epstein’s partner and accomplice. Many in the media are speculating about the possibility of a reduced sentence if she is willing to name names. The prosecution ” confirmed no plea bargain offers were made or received,” according to Ghislaine’s brother, Ian Maxwell, who expects “that position to be maintained.

    Plea deals clearly offer scope for impressive feats of creativity by those in the judicial system who know how to use them.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Perversion of Justice review: how Julie K Brown brought Jeffrey Epstein down

    BooksPerversion of Justice review: how Julie K Brown brought Jeffrey Epstein downThe Miami Herald reporter is unsparing in her depiction of a life above the law – and the lives that were ruined because of it Lloyd GreenSun 25 Jul 2021 01.00 EDTLast modified on Sun 25 Jul 2021 01.12 EDTIn Perversion of Justice, Julie K Brown recounts the plight of the victims of the deceased financier Jeffrey Epstein and, allegedly, his sometime girlfriend Ghislaine Maxwell, and how both avoided life-altering prosecution for a decade and more.Ken Starr helped Jeffrey Epstein with ‘scorched-earth’ campaign, book claimsRead moreThe author is a reporter at the Miami Herald. In November 2018, her three-part series injected Epstein into the public’s conscience, leading to sex-trafficking charges. For her work, Brown won a Polk award.She tracked down more than 60 women who claimed to be victims of abuse, and delivered the back story on an all-too-cozy relationship between prosecutors and Epstein’s lawyers.A sample headline: “How a future Trump cabinet member gave a serial sex abuser the deal of a lifetime.”Days after Epstein’s arrest in July 2019, that cabinet member, Alexander Acosta, Donald Trump’s labor secretary, was forced to resign his post.In 1994, Acosta clerked for Samuel Alito, then an intermediate federal appellate judge, now a supreme court justice. In the 2000s, during the administration of George W Bush, when Epstein was first charged, Acosta was the US attorney for the southern district of Florida. His remit included Palm Beach.Another Brown headline: “Even from jail, sex abuser manipulated the system. His victims were kept in the dark.”Under the deal done by Acosta, Epstein was technically imprisoned but cleared for work release. That was more about keeping an eye on his own finances – and as it turned out continuing his criminal behavior – than community service.With her book, Brown provides a vomit-inducing guide to how a criminal with deep pockets and zealous lawyers repeatedly manipulated and circumvented the American criminal justice system. And how his victims never stood a chance.In Brown’s telling, two nationally prominent legal figures, Ken Starr and Alan Dershowitz, stand atop Epstein’s legal heap. One chapter is titled Starr Power, another Dershowitz v Brown. Both are spotlight moments.In the 1990s, Starr supplied congressional Republicans with the legal fuel to impeach Bill Clinton for lying about his sexual relationship with Monica Lewinsky. “Starr’s a freak,” Trump told Maureen Dowd in 1999. “I bet he’s got something in his closet.”In the 2000s, Starr and his minions at the law firm of Kirkland & Ellis drove a deal with prosecutors that would keep Epstein out of federal custody until 2019.In 2016, Starr left his post as president of Baylor, as the Texas college grappled with a rape scandal. In 2020, Starr joined Trump’s defense in his first impeachment.Dershowitz is now an 82-year-old former Harvard law professor. Back in the 2000s, he negotiated a “non-prosecution agreement” which permitted Epstein to do little more than a year in a local Florida jail, under the most comfortable conditions.The legal scholar, who also represented Trump at his first impeachment trial, is now suing Netflix in connection with Filthy Rich, a series based on Brown’s reporting. Whether Dershowitz simply received a massage at Epstein’s house from a “large Russian woman” while keeping his underwear on, or had sex with one or more underage girls, is a point of contention. He denies all wrongdoing. Furthermore, he and Virginia Giuffre, an Epstein victim, are suing each other for defamation in federal court in Manhattan.William Barr also appears in Epstein’s life. Why not?Epstein graduated from high school at 16 but never finished college. Regardless, Donald Barr, father to Trump’s second attorney general, gave Epstein his first job, as a math teacher at the Dalton school on the Upper East Side in Manhattan. The elder Barr, as it happens, also wrote Space Relations, a gothic novel from 1973 that contains alien sex.As reported by the Herald and repeated by Brown, one Dalton alumna, Karin Williams, recalled that “Epstein was considered a little creepy”. Another remarked: “You could see how maybe he was looking for young nymphs.”The younger Barr’s law firm – Kirkland & Ellis – came to represent Epstein, a fact which eventually led to Barr’s recusal from the case as attorney general to Trump. Epstein hanged himself in federal custody: on Barr’s watch.Brown pays attention to social connections. Once upon a time, Trump said Epstein was “a lot of fun to be with” and “a terrific guy” and marvelled at his interest in underage girls. According to Michael Wolff’s Fire and Fury, Trump, Epstein and Tom Barrack – a businessmen went on to chair Trump’s inauguration then, this week, to be indicted and bailed on lobbying charges – were a “1980s and 90s set of nightlife Musketeers”.Ultimately, Trump and Epstein parted ways. The predator wasn’t good for business. But there was a coda. Standing in the White House press room nearly two decades later, Trump told reporters he wished Maxwell “well”.Harvey Weinstein extradited to Los Angeles for sexual assault chargesRead moreEpstein was a Democrat and came to befriend Bill Clinton. In Giuffre’s telling, the other living impeached president visited Epstein’s island in the Caribbean with two young girls and flew on Epstein’s plane. Clinton vehemently denies it. Infamously, Prince Andrew was another Epstein buddy. So was Harvey Weinstein, until the two men reportedly had a falling out over Weinstein allegedly abusing one of Epstein’s “favorite” girls. Like Epstein, Claus von Bulow and OJ Simpson, Weinstein came to be represented by Dershowitz. Brown reminds us the rich and powerful can act badly. As if we didn’t know.Epstein is dead. Maxwell, his alleged partner in crime, faces trial in Manhattan. The opening sentence of the operative indictment says plenty: “The charges set forth herein stem from the role of Ghislaine Maxwell, the defendant, in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstein.” She denies the charges.The coroner said Epstein killed himself. Apparently, Brown isn’t completely convinced. One chapter is titled Jeffrey Epstein Didn’t Kill Himself and the book chronicles the inconsistencies surrounding his death. Brown wishes someone would examine “how and why” Epstein died.Regardless of whether Epstein killed himself or not, he left a world of carnage. But for Julie K Brown, he would quite likely have beaten the rap.TopicsBooksJeffrey EpsteinGhislaine MaxwellUS politicsUS crimereviewsReuse this content More

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    American Kompromat review: Trump, Russia, Epstein … and a lot we just don't know

    Craig Unger’s new book has already made headlines, in this newspaper and elsewhere, because of a charge from an ex-KGB colonel, Yuri Shvets, that Donald Trump has been a KGB asset for 40 years.But as Unger himself points out, former CIA director Michael Morell has called Trump an “unwitting agent” of the Russians; former national security director James Clapper has described him “in effect … an intelligence asset”; and former CIA director John Brennan has said Trump is “wholly in the pocket of Putin”. So Shvets’ accusation isn’t really very surprising.Many other Trump-Russia books have dated Trump’s initial contact with the Russians to a visit to Trump Tower by then Soviet ambassador to the United Nations Yuri Dubinin, in 1986. Unger – through Shvets – reports that the association actually began six years earlier when Trump purchased 200 television sets from Semyon Kislin, a Soviet émigré who co-owned Joy-Lud electronics on Fifth Avenue. According to Shvets, Kislin was actually a spotter agent for the KGB. Kislin denies any connection.In any case, the meaning of this transaction – like scores of anecdotes recorded in these pages – is never fully explained. The subtitle of Unger’s book is How the KGB Cultivated Donald Trump, and Related Tales of Sex, Greed, Power and Treachery – a rubric that enables the author to throw in almost every bit of unconfirmed gossip ever published about everyone from convicted sex trafficker Jeffrey Epstein to former British press magnate Robert Maxwell. And Maxwell’s daughter, Ghislaine, who was – or wasn’t, depending on which page of this book you’re on – Epstein’s girlfriend as well as allegedly his collaborator in recruiting underage girls to sate Epstein’s seemingly unquenchable sexual appetite.As well as being a publisher, according to Unger, Maxwell was extremely close to the Israeli secret service, Mossad, and the KGB. And perhaps Mossad was actually responsible for killing Maxwell, whose drowning off his yacht was officially ruled an accident.Unger’s sourcing for this is typical of the book. He writes: “According to the Sunday Age, in Melbourne, Australia, on 2 November 1991 … an unnamed source close to the Israeli cabinet told Hersh that Maxwell would soon be eliminated. The author did not know how seriously to take the threat. Three days later, Robert Maxwell went missing …”Hersh is Seymour Hersh, probably the most famous investigative journalist of his generation, but in the copious source notes of Unger’s book there is no indication Unger ever contacted Hersh to confirm this Australian bulletin. Since Hersh is in the phone book, and he actually answers his own phone, I found it quite easy to reach him.Did he remember being contacted “by a source close to the Israeli cabinet” who told him Maxwell was about to be knocked off?“I have absolutely no memory of getting such a tip,” Hersh told me. “And I must note that most people, so I gather, who want to kill prominent others do not usually discuss such in advance.”And so it goes throughout Unger’s book: dozens and dozens of wild stories and salacious accusations, almost all “too good to check”, in the parlance of old-time journalists.This is particularly true of the lengthy section about Epstein, who is here because he had the largest collection of kompromat of anyone in history. Or did he?Unger writes that it was “widely known” that Epstein “was making tapes of grave sexual crimes”. But Unger has never seen any of the tapes, or found any reliable witness who says that he has.: “The people who knew weren’t talking,” Unger writes. “There was speculation that it was used to facilitate deals with Wall Street power brokers and to cement the loyalty of various actors in the drama, be they high-powered lawyers, heads of state, royalty, billionaires, media moguls, or operatives in any intelligence service.”On page 186, we are treated to a barrage of bold-faced names from Epstein’s notorious black book – everyone from Deepak Chopra, Mick Jagger and Michael Jackson to Bill Clinton, Queen Elizabeth and Saudi prince Bandar bin Sultan al-Saud. And that sounds very exciting – until you get to page 195, when Unger admits that “being on Epstein’s contact list meant nothing in and of itself. It’s far more indicative of the power brokers he and Ghislaine were cultivating than whether they actually had knowledge of or participated in Epstein’s nefarious activities.”Unger is much more interesting in a long section about Opus Dei, the secret Catholic society with origins in fascist Spain which the lawyer and Columbia lecturer Scott Horton describes as “the most effective secret society in American history, especially when it comes to changing the nature of the judiciary and filling vacancies with people who are their picks”.There is also the remarkable story of FBI agent Robert Hanssen, the most successful Soviet double agent of modern times, who belonged to Opus Dei and whose brother-in-law, John Paul Wauck, got a job writing speeches for then acting attorney general William Barr in 1991. At that moment, Unger writes, Barr was overseeing “the greatest mole hunt in FBI history, yet presumably [was] unaware that the mastermind spy they were hunting was his own speech writer’s brother-in-law, and that all three of them were closely tied to Opus Dei”.Details like that keep you turning the pages. But Unger’s willingness to include almost anything to titillate makes this book wildly uneven, and ultimately unsatisfactory. More

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    Alex Acosta and the Guidelines of the Elite

    Two fundamentally ambiguous events concerning the Jeffrey Epstein affair have left many people wondering how far the web of influence around the convicted sex offender extended. The first was the trial that ended with a sweetheart deal allowing Epstein, an American financier, to be virtually free while serving prison time. The second event was his apparent suicide in prison as he was awaiting trial on separate charges. 

    The conditions surrounding his suicide are so spectacularly equivocal that any rational person can only be dumbfounded by the uncritical acceptance by the media of New York City’s medical examiner’s declaration of suicide as definitive. CNN, for example, reporting on the most recent news concerning the 2005 trial and the sweetheart deal writes drily: “Epstein died by suicide in a federal jail in August 2019.”

    Zambia Is The Economist’s Damsel in Distress

    READ MORE

    In the article, CNN cites a review by the Department of Justice finding “that Alex Acosta, President Donald Trump’s former Labor secretary, exercised poor judgment when, as a US attorney in Florida, he gave sex trafficker Jeffrey Epstein a non-prosecution agreement.” It adds that “the review did not find that Acosta or other prosecutors engaged in professional misconduct.”

    The article mentions that Acosta was guilty of a second count of poor judgment “when he failed to notify the girls and young women who alleged they were sexually abused by Epstein about the decision to not prosecute the multi-millionaire on federal charges.

    Today’s Daily Devil’s Dictionary definition:

    Poor judgment:

    The commonly attributed failing that explains why a crime committed by any member of the elite (defined as those empowered to judge the acts of others and exempt from being judged by others than their own) cannot be considered a crime since the mistake of showing poor judgment eclipses in gravity the crime itself

    Contextual Note

    As a federal prosecutor and then President Trump’s secretary of labor, Acosta belongs to the middle ranks of the judicial and political elite just as Epstein belonged to the middle ranks of the financial and social elite. Epstein appears also to have been associated with the international intelligence elite. That offered him supplementary security because intelligence can never be accused of crimes since its duty is to be engaged in serious criminal activity. By virtue of their belonging to the elite, both Epstein and Acosta knew they were at least theoretically protected from ever being convicted of serious crimes. But so were people like Harvey Weinstein, who belonged to the entertainment elite, or Bernie Madoff, who worked his way into the financial elite.

    Epstein, Weinstein and Madoff demonstrate that it’s possible to go too far in exercising poor judgment. All three had, at some point, probably lost any notion of there being such a thing as “too far.” They thus learned they weren’t quite as elite as they imagined themselves to be.

    Embed from Getty Images

    The Epstein case helps us to understand one important principle: that in the circles of the elite, there are always two levels of logic that protect them. The first is the phenomenon of the first offense, or the first occasion in which the subject crosses a line that could expose the nature of the game. The less timid or cautious actually push their luck to discover where that line may be before pulling back to their safety zone.

    The second is the security deriving from the self-interested solidarity of the elite. They will never betray the secrets of their peers, whom they learn to protect passively. Passive protection translates as the rhetorical skill of denying even awareness of actions deemed compromising. It is important to avoid recourse to active protection, such as rising to the defense of a peer. This is frowned upon because it may raise suspicions of complicity. Individual sins can be brushed away. Collective sins require more effort.

    Sexual crimes (Epstein, Weinstein) — typically individual sins, but not crimes — if found out and verified, are paradoxically the least forgivable, especially today, after the Weinstein scandal and #MeToo. Judicial crimes and crimes of political influence, such as Acosta is accused of, are easily dismissed because they are generally viewed as part of the job of balancing interests out among the elite.

    Then there are serious political crimes, including war crimes. In some sense, they are the easiest to gloss over because they are motivated by “noble” (i.e., nationalistic) intentions. But because they concern public policies, they become highly visible and can draw the attention of political opponents. Protecting them becomes more complicated, requires working closely with the media and takes time.

    Take the example of Elliot Abrams, President Trump’s special envoy, first for Venezuela and then for Iran. He was convicted of lying to Congress in the context of the Iran-Contra scandal during the Reagan administration. He even admitted in an interview to being seriously involved in the micro-management of the Contra death squads in El Salvador. President George H.W. Bush pardoned Abrams in 1992, who continued to provide his services to George W. Bush and now Trump.

    All this is public knowledge, which means mildly embarrassing but not compromising. It explains why a prominent member of President-elect Joe Biden’s transition team, Kelly Magsamen, can even today justify her active collaboration with Abrams in a now-deleted 2019 tweet visible here. Defending her work with Abrams on the Trump administration’s shambolic effort to provoke regime change in Venezuela, Magsamen explains: “I worked for Elliot Abrams as a civil servant. He is a fierce advocate for human rights and democracy. Yes, he made serious professional mistakes and was held accountable. I’m a liberal but I’m also fair. We have a lot of work to do in Venezuela. We share goals.”

    Goals justify everything. But mistakes happen, leading to accusations of “poor judgment.” Convictions also happen, sometimes followed by presidential pardons. That is what is called “being held accountable.” Most significantly, bygones become bygones.

    The elite has a job to do and solidarity is an essential part of that job.

    Historical note

    The capacity of elite networks to protect their members, especially when it involves national security (i.e., the intelligence community), has always been impressive. Not only can they accomplish enormous tasks that may or may not involve serious criminal activity — from massacres of civilian populations to assassinations of political leaders and even scientists — they are particularly skillful at covering them up, delaying and distorting the perception of truth and influencing the commercial media to disseminate their version of the “truth” while characterizing all other accounts as conspiracy theories.

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    Alex Acosta’s public explanations of his sweetheart deal for Jeffrey Epstein was anything but convincing, as any spectator should be able to notice. In response to the question raised by his own explanation that Epstein was an “intelligence asset,” he responded: “There’s been reporting to that effect, and let me say, there’s been reporting to a lot of effects … and I would hesitate to take this reporting as fact.” He then added: “I can’t address it directly because of our guidelines but I can tell you a lot of reporting is just going down rabbit holes.”

    The strategy is impeccable. Call the issue “reporting,” meaning it could just be hearsay. Then mention that other hearsay exists, suggesting that it is all equally incredible. Then invoke “guidelines” that no one understands but everyone accepts as being crucial to our common security. The final touch consists of asking for questions from another reporter to avoid follow-up questions to one’s evasive answers.

    History provides us with many examples of how the work of the elite to cover up its most public crimes produces effects that last decades and disqualify the truth, even when it finally emerges to the light of day.   

    Robert F. Kennedy was assassinated 52 years ago. The evidence that the bullet that killed the senator was fired by a second gunman is overwhelming. A lengthy interview half a century later with one of the forensic pathologists consulted for the autopsy (but not for the trial) not only presents that evidence but reveals how and why it was covered up at the time.

    This is just one startling example of how the media continue to create enough doubt about decades-old affairs to protect the elite of the past. It appears to be part of their job protecting today’s elite. Acosta has nothing to worry about.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More