Showing posts with label Government Corruption. Show all posts
Showing posts with label Government Corruption. Show all posts

26 November 2011

Ted McLaughlin : Congressional Insider Trading is a Crime! Or Should Be...

Image from Dallas News.

There oughta be a law:
Stop Congressional 'insider trading'


By Ted McLaughlin / The Rag Blog/ November 26, 2001

Last week it was revealed that members of Congress regularly do something that, if done by other Americans, would be considered a criminal act. It is "insider trading." This is when someone uses information not available to the general public to make trades in the stock market, thereby gaining an unfair advantage in the market.

An example of this would be when a corporate insider knows something will soon happen that will affect the market price of that company's stock. It would be illegal for him/her to use that knowledge to buy or sell that company's stock until that information is released publicly.

But the members of Congress and their aides routinely have that kind of information available to them (such as the knowledge that a new law or regulation will soon be imposed that will significantly affect a certain industry, or the knowledge that a lucrative government contract will soon be given to a certain corporation).

While it would be illegal for an American citizen to use this secret information to enrich themselves by buying or selling stock, that illegality does not extend to members of Congress or their aides. And many members of Congress and their employees (of both political parties) have used "insider trading" to fill their own personal bank accounts with cold hard cash (and lots of it).

Of course this isn't the only example of Congress giving themselves perks that ordinary Americans don't enjoy. How many ordinary workers do you know that can vote themselves a raise without permission of their bosses, even in the midst of a recession? Congress can, and they don't seem to care what their bosses (the people of this country) think about it. But in spite of their usual arrogance, this insider trading story seems to have embarrassed at least some members of Congress.

Rep. Tim Walz (D-Minnesota) and Rep. Louise Slaughter (D-New York) have introduced a new bill in the House of Representatives. It is called the "Stop Trading on Congressional Knowledge Act (STOCK Act), and it would ban members of Congress or their aides from buying or selling stocks or commodities if they have "material nonpublic information" that relates to a company or commodity. The bill would eliminate the insider trading advantage that Congress currently enjoys over all other Americans.

But while the bill makes a lot of sense and would be supported by a large majority of Americans, don't start celebrating its passage yet. For a lot of the members of Congress this is akin to killing the goose that lays the golden eggs, and you can bet that many of them will fight tooth-and-nail to kill this bill. In fact, they are already coming up with reasons why the bill "wouldn't work," and might even be a bad idea.

These naysayers tell us that it would be very hard to prove that a member of Congress or their aides had used insider information in making trades. And they say that Congress might just make many more things secret from the public to cover their tracks after making insider trades.

These are actually fairly good arguments. We already know that many Wall Street executives engage in insider trading but are rarely caught, and authorities would be even more reluctant to make an accusation against a member of Congress. And the government already keeps too many things secret that should be public knowledge.

But even if both of those things are true, they are nothing more than excuses for failing to address the problem. Insider trading is wrong and should be outlawed no matter how hard it is to prove. And it is just as wrong for Congress as it is for everyone else.

While not all insider trades are caught, some are and that acts as a deterrent to others who would consider it. As for Congress trying to cover their illegal acts with government secrecy, there are ways to expose that (remember WikiLeaks?).

The truth is that there is an easy way to overcome both of those arguments. Just amend the STOCK Act to outlaw all trading of stocks and commodities by members of Congress and their aides and immediate family members (whether insider trading is used or not).

I know there will be some that will say this would be unfair, and that members of Congress should have the right to make money by honest trading just like other Americans. I disagree.

These men and women were not sent to Congress to make themselves rich. They were sent there because they told the voters they wanted to serve their country, and they are well-paid for that service. A member of Congress is paid nearly $170,000 a year (plus expenses, perks, and benefits). The salary alone is three times the average wage of the bottom 99% of Americans.

If this is not sufficient remuneration for their service to their country, then I question if their running for office was really a desire to serve -- and they should resign (and then they could trade to their hearts desire).

Government service should not be the path to riches, and for millions of government workers at all levels it isn't. They work for salaries lower than they could get in private industry because they have a desire to serve their country and their fellow citizens -- and they retire on a modest income after that life of service. Why should it be different for members of Congress (or their aides)?

[Ted McLaughlin also posts at jobsanger. Read more articles by Ted McLaughlin on The Rag Blog.]

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19 October 2011

Alyssa Burgin : Cronyism, Corruption, and the Keystone XL Pipeline

Don't mess with Texas. Photo by Jon McLaughlin / National Resources Defense Council.

'Regulatory capture':
Cronyism and corruption in the

Keystone XL Pipeline approval process


By Alyssa Burgin / The Rag Blog / October 19, 2011

AUSTIN -- On November 6, 2011, thousands of environmentalists -- and people who never thought of themselves as environmentalists -- will join together to encircle the White House.

Nebraska farmers, Alberta tribal elders, Texas lumbermen, and young adults from everywhere who understand that their very future is at risk -- these and many more will present their symbolic plea to President Obama: do not approve the permit to build the Keystone XL Pipeline, which is set to transport crude mined from the Alberta, Canada, tar sands to Port Arthur, Texas.

This protest represents the final link in a chain of events that have embroiled the State Department, charged by law with recommending a “Yay” or “Nay” to the President, in a swirl of corruption allegations. Freedom of Information Act requests have revealed an overly cozy relationship between the pipeline contractor, TransCanada, and the State Department, exemplified by Hillary Clinton's deputy campaign manager, Paul Elliott, being hired by the company as its chief lobbyist.

It was he who facilitated what should have been flagged as an astoundingly blatant conflict-of-interest, and therefore, he who prompts this exploration of "regulatory capture."

For those who might not be familiar with the phrase, regulatory capture is the process by which regulators -- in this instance, the State Department -- lose track of their responsibilities, and grow to identify with, and therefore protect, those whom they are tasked with regulating.

It occurs on every level; it's the municipal code inspector accepting the plumber's invitation to go fishing on his new bass boat -- and subsequently failing to flag his substandard shower drain, because, after all, they're "buds." What occurred at the State Department was not all that different, and certainly no less calculated; influence was purchased, and "we the people" were harmed.

The extent of that harm has yet to be determined. What is known is that the State Department chose a subcontractor to conduct public meetings, compile comments, produce both environmental and historical-preservation impact studies, create a website, and collect citizens' emails on the topic; incredibly, they asked TransCanada to make a recommendation, and when they came up with Cardno ENTRIX, their own long-time subcontractor, already under fire for its inadequate environmental damage assessments, there were no objections.

There was no surprise, either, when the Federal Environmental Impact Statement found "no adverse effects."

Jackelin Trevino of Austin speaks out against the Keystone XL pipeline. Photo by Ricardo B. Brazziell / Austin American-Statesman.

What followed should have been a serious discussion on the wisdom of transporting corrosive tar-sands oil across the Canadian border, through major aquifers and reservoirs, across sensitive archaeological sites, and into drought-ravaged forests and the Gulf Coast.

Climatologists could have offered their expertise on the toxicity of emissions from the dirty oil that will be refined from this resource; hydrologists could have explained that the amount of water required in the refinery process makes it a product that drought-stricken Texas can ill afford. Energy experts could have explained that this oil would not make the U.S. energy-independent, that in fact, the oil is to be sold on world markets. And academics could have offerred a far different assessment of the number of jobs that will be gained than what TransCanada has been claiming.

But other than the voices raised by the hundreds of environmentalists, including several noted scientists who were arrested in summer protests outside the White House, there was far too little examination of the consequences. In public hearings held in places like Port Arthur and Austin, pipeline supporters in brightly colored t-shirts were bussed in from around the country and paid for their time.

Their outbursts rapidly turned the Port Arthur hearing into a pep rally, and their domination of available time reduced others' speaking opportunities. And Cardno ENTRIX? Their employees registered speakers, kept time clocks, recorded the proceedings, and generally made it clear that they were in charge. A State Department employee seemed a mere symbolic presence as she robotically smiled and thanked speakers.

The Austin hearing lacked much of the cheerleading, but it produced its own controversies in the manner in which it allotted citizens time to speak. A so-called elected official, actually a recent Perry appointee, was allowed to speak ahead of others, and yet dozens of citizens who had stood in line for hours were never given an opportunity.

One man was arrested for protesting -- and for speaking the truth -- about Cardno ENTRIX's involvement.

The hearing in the nation's capital brought out additional facts about this developing cronyism scandal, and about the parts played by TransCanada and the State Department. At that late date, it was merely an afterthought. The fix seems to be in. But many questions remain, chief among them -- will President Obama cut through the web of lies spun by proponents of the pipeline? Will he vote with the people, and against the greedy interests of Big Oil -- and take action against this latest example of regulatory capture that is strangling our democracy?

We must take action as Americans to ensure that he does. As noted climatologist Dr. James Hansen has said, it will be "game over" for the next generations to mitigate the disaster that is climate change if this project is approved. To give our children and grandchildren a chance to live out their lives, we have to end this threat to their future, and to the future of the planet. It's truly now, or never.

[Alyssa Burgin is the Executive Director of The Texas Drought Project. She attended the Port Arthur, Austin, and Washington, D.C. hearings. She asks that all readers call the White House comment line at 202-456-1111 and prevail upon the President to say NO.]

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15 September 2010

Dahr Jamail : Strong Evidence BP Is Spraying Toxic Dispersants

Dispersant remnant, June 26, 2010. Photo by Shirley Tillman / Truthout.

Evidence mounts:
BP spraying toxic dispersants
The Tillmans and thousands of other fishermen and residents along the Gulf of Mexico are deeply concerned about local, state, and federal government complicity in what they see as a massive cover-up of the oil disaster by using toxic dispersants to sink any and all oil that is located.
By Dahr Jamail / September 15, 2010
See gallery of photos, Below.
[The following dispatch from journalist Dahr Jamail, whose work has frequently appeared on The Rag Blog, was distributed by Truthout.]

Shirley and Don Tillman, residents of Pass Christian, Mississippi, have owned shrimp boats, an oyster boat and many pleasure boats. They spent much time on the Gulf of Mexico before working in BP's Vessels Of Opportunity (VOO) program looking for and trying to clean up oil.

Don decided to work in the VOO program in order to assist his brother, who was unable to do so due to health problems. Thus, Don worked on the boat and Shirley decided to join him as a deckhand most of the days.

"We love the Gulf, our life is here and so when this oil disaster happened, we wanted to do what we could to help clean it up," Shirley explained to Truthout.

However, not long after they began working in BP's response effort in June, what they saw disturbed them. "It didn't take long for us to understand that something was very, very wrong about this whole thing," Shirley told Truthout. "So that's when I started keeping a diary of what we experienced and began taking a lot of pictures. We had to speak up about what we know is being done to our Gulf."

Shirley logged what they saw and took hundreds of photos. The Tillmans confirm, both with what they logged in writing as well as in photos, what Truthout has reported before: BP has hired out-of-state contractors to use unregistered boats, usually of the Carolina Skiff variety, to spray toxic Corexit dispersants on oil located by VOO workers.

Shirley provided Truthout with key excerpts from the diary she kept of her experiences out on the water with her husband while they worked in the VOO program before they, like most of the other VOO workers in Mississippi, were laid off because the state of Mississippi, along with the U.S. Coast Guard, has declared there is no more "recoverable oil" in their area.

"The first day I went, I noticed a lot of foam on the water," reads her entry from June 26. "My husband said he had been seeing a lot of it. At that time, we were just looking for 'Oil.' We would go out in groups of normally, five boats. The Coast Guard was over the VOO operation. There was always a Coast Guard on at least one of the boats. They would tell us when to leave the harbor, where to go and how fast to go. They had flags on each of the VOO boats and also a transponder. Sometimes we would have one or more National Guardsmen in our group too, as well as an occasional safety man to monitor the air quality and procedures on the boat. If we found anything, the Coast Guard in our group would call it in to 'Seahorse' and they would determine what action would be taken."

Along with giving a clear description of how the Coast Guard was thus always aware of the findings of the VOO workers, her diary provides, at times, heart-wrenching descriptions of what is happening to the marine life and wildlife of the Gulf of Mexico.

"Before we went to work, I went down by the beach," reads her entry from July 4. "There were dead jellyfish everywhere. Some of them were surrounded by foam. A seagull was by the waters edge, as the foamy stuff continued to wash up. There was also a crane that appeared to be sick. It didn't look like it had any oil on it, but it just stood there, no matter how close I got."

On the morning of August 5, Shirley describes spotting a dead young dolphin floating in the water. "As we waited for the VOO Wildlife boat to come pick it up, we noticed a pod of dolphins close by," she writes. "Even with all the boats around, they did not leave until the dead one was removed from the water. It was very emotional, for all of us."

The next day, August 6, found her logging more death. "Last night on the news, they reported a fish kill. Before we went to work, I went to the beach by the harbor. The seagulls were everywhere. As for the dead fish, the only ones on the beach, were ones that the tide had left when it went back out. The rest of the 'Fish Kill,' was laying underwater, on the bottom. It was mainly flounder and crab. We only spotted two dead flounder floating that day. I can only imagine how many were on the bottom... I went back to the beach after work. The tide had gone out and the seagulls were eating all the dead fish that had been exposed. You could still see dead fish underwater, still on the bottom. Dead fish don't float anymore?"

The Tillmans' primary concern is the rampant use of toxic dispersants by what they described as private contractors working in unregistered boats, that regularly were going out into the Gulf as they and other VOO teams were coming in from their days' work. There was, oftentimes, so much dispersant on top of the water, their boat left a trail.

"The first thing I noticed, was the 'trail' the boat was leaving in the water," her log from July 10 reads. "You could see exactly where we had been, as far back as you could see. Around 11:00, we were in oil sheen and brownish clumps. We were North of Cat and Ship Island when the Coast Guard told us to drop the boom over. When you pick the boom up, you have to wear 'protective gear.'"

Her log from August 1 describes, in detail, an incident of the Coast Guard not allowing them to collect oil and his proceeding to deny what they found was even oil:
Around 2:00 p.m., we started noticing a lot of oil sheen. We were North of the East end of Cat Island, but South of the Inter Coastal channel. There was, as usual, a Coast Guard on one of the boats in our team. He called in to report it, but we were told not to drop the boom, it was just "Fish Oil." In the beginning of the clean-up operation, if something was floating on the water and it looked like oil, it was oil or oil sheen. Later they would sometimes say it was just "Fish Oil." Also, if it was heavy foam with a brown or rust color, originally it was "Oil Mousse." Later it was called "Algae." We were then told to head Northwest. The further we went, the worse the "Fish Oil" got. Then, the foam was mixed in with the oil. It was at least the size of a football field, around our boat alone. My husband got on the radio and asked if they could put the boom over.
The Coast Guard, again, told them no.
We were then headed West, back towards Pass Christian. A pleasure boat flagged one of the boats in our group down and told him that there was oil all over. The Coast Guard said to tell him that they were aware of the situation... On the way back to the Pass Harbor, I asked my husband, "Just exactly what are we even doing out here?" He told me that he was beginning to think that it was all just for show. I can only imagine what the people on the pleasure boat had to say when they got back home that day. Probably, that they had seen a lot of oil on the water and the VOO boats were out there just riding around in it and not doing anything to clean it up. That is exactly what happened. We decided then to start documenting as much as we could. I believe it was the very next day, Thad Allen was on TV saying that they were scaling operations back due to the fact that, "No oil has been seen in the Gulf in almost two weeks." Now, if we had pulled boom on Sunday and unloaded a bunch of dirty boom in the Pass harbor, it might have been a problem for him later.
On August 5, she describes a rare instance of their being allowed to drop boom in order to collect oil. "We had a Coast Guard and two Safety Men on our boat. We went to the West of the Pass Harbor. The water looked black in places. Lots of bubbles, not foam, just bubbles. Around 8:30, we were in oil sheen and mousse and were told to drop the boom. The more we pulled the boom, it appeared the more was coming up. The Pass [Christian] Harbor was closed because the oil was coming in so bad. We pulled boom back and forth the rest of the afternoon."

By early August, the total number of VOO boats operating out of Pass Christian Harbor, where Shirley and Don worked, was down to 26.

On August 8, Shirley wrote,
Talk at the harbor was that airplanes were spraying dispersants on the water at night, out by the islands. There was also talk of skiffs, from Louisiana, with white tanks on them, that were spraying [dispersants] too. We had seen the skiffs before. They would pass us up in the mornings and head towards the Bay St. Louis Bridge. We were told that they were working out of an area at Henderson Point. Henderson Point has a county-owned area with a boat launch & piers. It was closed to the public after the oil spill and a BP sub-contractor staging area was set up. It always appeared that these boats were finishing up their work day, just as we were going to start ours. Most of these skiffs were Carolina Skiffs.
Later that same morning, Shirley and her husband headed out of the harbor with a member of the National Guard on their boat, heading west, while a member of the Coast Guard and another member of the National Guard were on another boat in their VOO team. After boating for an hour, they turned back to the east, at which point Don spotted five of the Carolina Skiffs.

"I got my camera and started taking pictures of them," Shirley writes.
As I was zooming in as close as I could, I saw one of them spraying something onto the water. I did not get a picture of it, I was too busy telling my husband to tell the Coast Guard on the other boat. The skiffs had turned North and were scattered out, zigzagging South of the train bridge. The Coast Guard called the incident in and sent one of our boats to follow the skiffs. The skiffs immediately left. When I saw the boat spraying, it was upwind from our boat. Within a few minutes, my nose started drying out. Later my throat and eyes did the same thing. A Coast Guard helicopter was dispatched along with a Coast Guard boat. We saw the helicopter about twenty minutes later, but I never saw the Coast Guard boat.
Back at Pass Christian Harbor, her team reported the Carolina Skiffs actively spraying dispersants. She was told by the contracting company, Parson's, that managed their VOO team, to bring in her photographs.

Her entry from the next day, August 9, reads:
I took the pictures, 8x10's to Parson's. A short time later, my husband called and said the Coast Guard wanted me to make a disc of the pictures. I took the disc and turned it over to the Coast Guard. I was told, in the presence of others, that the incident had been investigated and the boats in question had been located at the Henderson Point site. He said that these boats were in the VOO program as skimmer boats, but it had not yet been verified. He said that he had questioned them about spraying something on the water. They told him that if I had seen them spraying anything, they were probably just rinsing out their tanks. He also asked me, "Don't you think if they were spraying dispersants, they would be wearing respirators?" I told him, "You would think so, but nothing surprises me around here anymore." We basically left after that. I knew all they had really wanted was to see exactly what I had gotten pictures of. There is of course the question, "Why would a skimmer boat need to rinse out his tanks?" If he had been skimming oil, why dump it back over? If he hadn't been skimming oil, what was he rinsing out? I know what I saw and I know how I felt afterwards. I also know that in one of the pictures I took, you can see a helicopter over those boats. BP has spotters looking for oil. Could it be he was telling them where to "Touch Up" before they called it a day? One thing I did learn from Coast Guard guy that day, evidently these so-called skimmer boats, also have the ability to spray!
The Tillman's curiosity drove them to investigate further, given the inconsistencies they were seeing in the Coast Guard's actions regarding the dispersant being sprayed from contractors in the Carolina Skiffs.

"My husband came home and said that they had seen the 'Skiffs' again today," reads Shirley's entry from August 10.
He took pictures of them and a jack-up-rig. The rig moves around in the sound and is suppose to be a de-contamination station. However, some Captains have said when they went there, they were told it wasn't in operation at the time. After thinking about the tank skiffs and the Coast Guard for two days, I could not make any sense of this whole situation. The Coast Guard is supposedly over the VOO Program, but it knows nothing about the skiffs at the site, so close to the Pass Harbor. They not only tell us every move to make, but they are always with us when we make the moves. Our boats are flagged and have transponders on them. Those boats have no flags, we have not seen a transponder, nor a Coast Guard member on one of them telling them what to do.
That afternoon, the Tillmans visited the Henderson Point staging area. Though it was guarded, what they found shocked them: "There were probably more boats there than in the entire Pass [Christian] VOO program at the time," reads her entry.
There were only a couple of regular skimmer boats. All appeared to have Louisiana registrations. Almost all of the skiffs had the white tanks on them. A few of the tanks looked like they could have had something in them at one time, but nothing like the oily, sticky mess we had been dealing with. If we got something on our boat, it was almost impossible to get it off. I don't see how they could have gotten it out of the tanks and still looked like they did. Also, there was a Harrison County Sheriffs Department car, right by the boats and some large, plastic, white containers with yellow bases.
On August 13, the VOO boat that Shirley and Don were running was deactivated. Still very concerned, the next day they visited the BP staging area in Hancock County.

"They had evacuated this site," she writes. "Same setup though, a guard and a Sheriff's car. We then went to a site in Gulfport. Evidently, this is a main BP storage site. There were all kinds of boats, including the tank skiffs. The Sheriffs Department was there also and so was those large, plastic tanks with the yellow bases."

Other reports, of a very similar nature, have been reported about other BP staging areas along the Gulf of Mexico. The tanks are clearly used to store and transport Corexit dispersant. The Carolina Skiffs are clearly used to spray it atop oil.

Her August 16 entry details her discovery:
Over the next few days, I continued to go by the Henderson Point site and the Gulfport site. The Henderson Point site brought back a few boats, but none of the tank skiffs or the large plastic tanks. The Gulfport site stayed the same, full of everything. On August 25, I received an email with a link to an article about dispersants. It had a picture of the tanks that dispersants come in, with the label "Nalco Corexit EC9005A." They were 330 gallon, large, plastic, white tanks with a yellow base. These were the same tanks that I had been seeing at the Henderson Point site and the Gulfport site. I was able to get the name of the manufacturer of the tanks, off a picture I took and compared it to the picture in the article. It was the same manufacturer. I researched this company on the internet and found the 330 gal tanks. They are marketed as: "The only manufacturer in the industry to offer portable tanks certified for hazardous goods transport by the United Nations and the U.S. Department of Transportation."
Shirley and Don are, like tens of thousands of other VOO workers and Gulf residents, left with more questions than answers.

"While working on the boats, if you pull boom back onto the boat, you not only had to wear Tyvek suits, protective glasses and gloves, you also had to put tape around the gloves and suit sleeves, as well as around your boots and the suit." Shirley asks, "Why would it be safe for people to get into the same water that all of this hazardous stuff was coming out of?"

For the Coast Guard, she asks:
How can you not know there are boats in the VOO program if you are in charge of the VOO program? The Coast Guard was supposedly over the VOO program, but they acted like they don't know anything about the Carolina Skiffs. The boats were in either a task force or strike force. Every VOO boat has a flag. We all had transponders. This was VOO and Coast Guard regulations. But these skiffs didn't have flags and we never saw transponders on them, nor did they have Coast Guard with them and supposedly every group had at least one Coast Guard in each group. Sometimes we would have two. But the Skiffs didn't have any.
Local media in Pass Christian and Gulfport, Mississippi, are now reporting that BP hopes to have the VOO program in that area completed by September 19.

Shirley is incredulous. "Why would anyone bring their children here and put them in water that has had millions of gallons of toxic chemicals dumped into it, not counting the oil itself?" she asks. "Why would you want to eat seafood that has been living and dying in the water, with all those contaminates?"

Truthout has earlier reported on other fisherman in the area, James "Catfish" Miller and Mark Stewart, who have reported being eyewitnesses to the contractors in the Carolina Skiffs spraying dispersant as well.

Meanwhile, local, state and federal authorities continue to claim that dispersant was only used south of Mississippi's barrier islands and that the Carolina Skiffs and the large tanks they carry are only used to "skim" oil.

"If dispersants were only being sprayed South of the islands, why would these 330 gallon hazardous goods tanks be located at two different work sites, right by the tank skiffs?" Shirley asks. "Why would the skiffs tanks be so clean if they were really skimming oil?"

The Tillmans and thousands of other fishermen and residents along the Gulf of Mexico are deeply concerned about local, state, and federal government complicity in what they see as a massive cover-up of the oil disaster by using toxic dispersants to sink any and all oil that is located.

Dr. Riki Ott, a toxicologist and marine biologist, is a survivor of the 1989 Exxon Valdez oil disaster in Alaska. She recently submitted an open letter to the U.S. Environmental Protection Agency expressing many of these same concerns.

Ongoing government denials of this problem neither fool nor dissuade Shirley. "I know what I have seen," she told Truthout. "I know what I have been told. I know what I have experienced. I know what I have documented. I also know that I have taken hundreds of pictures to verify what I am saying."

[Houston native Dahr Jamail, an independent journalist, is the author of The Will to Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan, (Haymarket Books, 2009), and Beyond the Green Zone: Dispatches From an Unembedded Journalist in Occupied Iraq, (Haymarket Books, 2007). Jamail reported from occupied Iraq for nine months as well as from Lebanon, Syria, Jordan, and Turkey over the last five years.]

Source / Truthout

Oiled boom, August 5, 2010.

Oil sheen and dispersant remnant, August 1, 2010.

Corner of Canal Road and I-10, in Gulfport, Mississippi, at the Gulfport site used as a BP staging area, August 14, 2010.

Corner of Canal Road and I-10, in Gulfport, at the Gulfport site used as a BP staging area.

Corexit tanks, September 1, 2010.

Dead flounder among fish kill, August 6, 2010. Photos by Shirley Tillman / Truthout.

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10 May 2010

Rabbi Arthur Waskow : Whores in Washington; Blowout in the Gulf

"Whore of Babylon." Pen and watercolour over pencil. By William Blake (1809) / British Museum.

Blow jobs in DC;
Blowout in the Gulf


By Rabbi Arthur Waskow / The Rag Blog / May 10, 2010

You think that subject line above is just a trick to catch your attention? No, I mean it. Big Oil's provision of whores in Washington to give blow jobs to U.S. officials helped produce the oil well blowout in the Gulf.

The Gulf oil blowout is only on the surface a technological failure. Much deeper and more to the point, it is a political failure.

Or if you represent Big Oil, it was a political triumph -- until the blowout.

(What happened in the Gulf was not a "spill." A "spill" happens when a finite amount of oil is spilled from a ship. The blowout is more like a geyser, a gusher, a volcano. The oil comes from the enormous undersea reservoir of oil. The oil well pokes a hole into the earth's covering of that oil reservoir -- and unless there is a way to cap the blowout, the oil pours and pours and pours.)

In many of the world's off-shore oil wells, there is a remote-controlled "acoustic switch," a shut-off device that is the last resort when the technology malfunctions and a blowout nears. Some countries mandate the acoustic device, and many companies insert them even when they are not required. But the U.S. does not mandate them, and BP did not insert one.

When I say "the U.S.," in this case I mean a division of the Interior Department called the Minerals Management Service. What do we know about it?

This: On September 10, 2008, Charlie Savage of The New York Times reported that,
In three reports delivered to Congress on Wednesday, the department’s inspector general, Earl E. Devaney, found wrongdoing by a dozen current and former employees of the Minerals Management Service, which collects about $10 billion in royalties annually and is one of the government’s largest sources of revenue other than taxes.

'A culture of ethical failure' pervades the agency, Mr. Devaney wrote in a cover memo. ...

Two other reports focus on ‘a culture of substance abuse and promiscuity’ in the service’s royalty-in-kind program. That part of the agency collects about $4 billion a year in oil and gas rather than cash royalties...

The investigation also concluded that several of the [Minerals Management Service] officials 'frequently consumed alcohol at industry functions, had used cocaine and marijuana, and had sexual relationships with oil and gas company representatives.'
In blunter words, Big Oil provided whores to MMS officials who were supposed to be regulating Big Oil.

So MMS prostituted itself in return. And as a result, 11 oil rig workers were killed and the Gulf Coast of the United States faces an ecological and economic catastrophe.

Now that's whoring on a grand scale, far beyond anything the Bible condemns. (Except maybe when it talks about the Whore of Babylon, an empire not so different from the American Empire. Now it's not Emperor Nebuchadnezzar but "private" corporations, recently declared by the Supreme Court to be equal to human beings in their right to free speech by way of making unlimited election campaign contributions, who are the culprits, with the legal "government" turned into johns, tricks, for the Corporate whores. Or maybe it's really the government that has made itself the Whore of Babylon, selling itself to Big Oil? )

The acoustic switch costs half a million dollars, according to the Wall Street Journal. It costs less than that to buy enough whores to keep the MMS happy. Here's the political balance book: Invest a hundred thousand bucks or so to buy whores for the agencies that oversee you, make billions in profit from the absence of oversight, use the billions to invest in election campaigns if some clueless sheriff starts complaining about your whorehouse. A sweet deal, all around.

I forgot to add: Even in the last few weeks, since the Gulf oil blow-out, the MMS has been exempting new oil well applicants from doing environmental impact statements.

Even the Gulf disaster is small potatoes compared to the global disaster Big Oil is cooking up for us, colluding with Big Coal to see how much they need offer to buy the government.

As for a Climate Healing Act from Congress: Senator Graham is whining that the oil blowout is ruining the chances to pass a bill. Why? Because now the Big Payoff to Big Oil, permission to do off-shore drilling, is in danger. Those permits were to pay for Big Oil's tolerating a Climate Act full of other sweet goodies for itself. And without the permits, Big Oil will go home sulking, not ready to pay the house of whores called the Senate enough to buy their votes any more.

There is only one answer to this disgusting, lethal -- literally lethal -- mess. That is public power, enough citizens angry about the poisoning of our planet to blow Big Oil and Big Coal right out of the water.

A democratic blowout. Small "d."

A movement now as powerful as the civil rights movement was 45 years ago, when it forced Lyndon Johnson to bring Congress the Voting Rights Act.

That movement got laws passed, but it didn't start there. It started with nonviolent direct action, civil disobedience. Sit-ins. Marches. Freedom Rides. Freedom Schools. Mass mobilizations.

Who is ready now?

Let me know.

Shalom, Arthur

[Rabbi Arthur Waskow, director, The Shalom Center; co-author, The Tent of Abraham; author of Godwrestling: Round 2, Down-to-Earth Judaism, Torah of the Earth, and a dozen other books on Jewish thought and practice, as well as books on U.S. public policy. The Shalom Center voices a new prophetic agenda in Jewish, multireligious, and American life. To receive the weekly on-line Shalom Report, click here.]

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02 February 2010

Spying on Americans : Reagan and the PROMIS Conspiracy


It's a national tradition:
Spying on Americans

  • Part II: Reagan administration acquires PROMIS software
By James Retherford and Sherman DeBrosse / The Rag Blog / February 2, 2010

[This is the second installment in a series about the U.S. government's extensive and inglorious history of spying on its own people.]

After Watergate and other revelations of illegal government intrusions led to Congress-mandated clamping down on intelligence operations in the mid-1970s, Ronald Reagan immediately set out to roll back the reforms. With former CIA director George H. W. Bush as his running mate, Reagan received considerable assistance from the intelligence community in the election of 1980. This may have included a secret trip to Paris -- as has been widely asserted -- to make a deal with Iranians guaranteeing that Jimmy Carter would not be able to retrieve the 42 American hostages before the November election, the so-called "October Surprise."

Reagan approved hiring the many private intelligence firms founded by former agents who had been ousted in the 1970s. He also brought psy-op people from the agency to the White House and State Department, using them in “public diplomacy programs” to mold public opinion. Vice President George H.W. Bush oversaw efforts to harass and spy on dissidents.

The coup de grace: the Reagan Justice Department “commandeered” (i.e., stole) a remarkable computer database program called Prosecutor's Management Information System or PROMIS which would serve as the basis for domestic and global surveillance operations for decades to come.

The story of PROMIS has become a Hollywood-style thriller replete with drugs and rock ‘n’ roll, rogue agents and alleged contract murderers, high-tech looting and international espionage, drug cartels, the Mafia, and the Yakuza, allegations of mass murder and massive cover-up, and near war with Japan... all fingers pointing to massive government corruption by Ronald Reagan’s coterie of friends in the Ed Meese Department of Justice.

This is compelling stuff for any legit investigative reporter, and indeed many — such as Joel Bleifuss, Barron’s, and Richard L. Fricker in the inaugural issue of Wired — have taken a shot at connecting the dots. But the scent of blood has also lured the conspiracy sleuths and rightwing demagogues ranging from Alex Jones to Lyndon LaRouche and the Moonies.

Here is what we make of the story.

Reagan rolled back reforms initiated after the Watergate break in.


The PROMIS... and more

Funded by grant money from the Law Enforcement Assistance Administration (LEAA), PROMIS software had been developed in the 1970s by the INSLAW Corporation, a small software development company owned by William and Nancy Hamilton, for integrating criminal justice records.

“But the real power of PROMIS,” Fricker writes in Wired,
“is that with a staggering 570,000 lines of computer code, PROMIS can integrate innumerable databases without requiring any reprogramming. In essence, PROMIS can turn blind data into information. And anyone in government will tell you that information, when wielded with finesse, begets power. Converted to use by intelligence agencies, as has been alleged in interviews by ex-CIA and Israeli Mossad agents, PROMIS can be a powerful tracking device capable of monitoring intelligence operations, agents and targets, instead of legal cases.”
As it was being pitched to the Justice Department, government officials quickly recognized that its capability potential was for more advanced than any data integration system previously developed. PROMIS could be programmed to do everything from tracking all kinds of financial transactions to mapping troop movements in all parts of the world to monitoring intelligence operations, agents, and targets. It could used to acquire and integrate data in various foreign languages. Through an artificial intelligence component codenamed “Brainstorm,” PROMIS extended personality profiling into the realm of predicting an individual’s thoughts and future actions.

The Justice Department first signed a $10 million contract to lease the software and then simply seized it and drove INSLAW into bankruptcy, trying to force liquidation to a rival firm, Hadron, inc., controlled by a key Reagan crony named Dr. Earl Brian.

Brian had already ridden the coattails of Reagan and Attorney General Ed Meese from the former California governor’s state cabinet to a number of lucrative business holdings, including United Press International and Financial News Network (FNN), and allegedly was a key player in the so-called October Surprise, in which Reagan operatives, including vice presidential candidate Bush, have been alleged to have met with Iranian diplomats in Paris and arranged a deal to short circuit Jimmy Carter’s hostage release negotiations until after the 1980 election.

Ignoring the licensing agreement, the DoJ soon passed PROMIS along to other government agencies, including the CIA, though the U.S. government consistently denied this. There followed a long battle through the courts in which INSLAW unsuccessfully tried to obtain redress for the government’s theft of its intellectual property. Those who still believe in the integrity of our judicial system should research the case. For a time INSLAW was represented by Elliott Richardson, who argued compellingly that the matter called for a special investigator.

The CIA was not the only place where illegal versions of PROMIS showed up. According to former Israeli spy Ari Ben-Menashe, the U.S. sold the program to Israel. Ben-Menashe claims that Mossad counterterrorism expert Rafael Eitan first thought of the idea of bugging PROMIS and then selling it to Israel’s enemies in order to snoop on their security and intelligence activities undetected; Israel’s “trapdoor” was reportedly designed by an Israeli American living in Chatsworth, CA.

In turn, the Israelis sold the software to a number of national intelligence services, including Jordan and Iraq, as well as financial institutions, most notably the notorious Bank of Credit and Commerce International (BCCI) which used PROMIS to track money flow on behalf of U.S. and British intelligence agencies before imploding into a spectacular bank failure in 1991. Though Degem, a software company owned by British media mogul (and secret Israeli agent) Robert Maxwell, PROMIS was sold to the Soviet Union and other Eastern Bloc countries.

The software also slipped into Dr. Brian’s hands, allegedly as a payoff towards favors owed for Brian’s help during the October Surprise. From there Brian engaged the services of rogue computer expert Michael
Riconoscuito to create a U.S. version with a secret backdoor allowing undetected U.S. intelligence agencies to eavesdrop on PROMIS users’ activities.

These modifications were done at a facility located on the Cabazon Indian reservation in Indio, CA, owned by Wackenhut, a Florida-based security company with FBI and CIA connections (and an alleged weapons fencing operation for Oliver North’s Iran-Contra dealings).

Wackenhut was founded by retired FBI and CIA executives and is often called the “FBI’s FBI.” Biological weapons and explosives were also developed at its Cabezon facility, located on tribal land officially administered by a self-professed former CIA operative, John Philip Nichols, who later would be convicted of murder solicitation in the death of a tribal official who allegedly had information linking Nichols to misappropriated money involving Wackenhut, illegal arms deals, gaming, and the mob.

Through Hadron, Brian sold the bugged PROMIS to Britain, Australia, South Korea, Japan, Iraq, and Canada. The illegal sale to Canada was discovered by accident when a Canadian government agency telephoned INSLAW requesting a French-language version of the software.

Perhaps the murkiest allegations about the distribution of the Trojan Horse-version of PROMIS came from Debra von Trapp, a technical expert who was hired by the Bush I administration and claims to have worked on a number of clandestine operations, including the bugging and installation of spyware in the White House as Bill Clinton prepared to move in. Von Trapp also claims to have been involved in a CIA project, staged out of a Xerox plant in Germany, to install spyware-enhanced PROMIS on hard drives being sold to Eastern Bloc intelligence agencies, including the KGB.

During the senior Bush’s term, von Trapp was a member of a team developing software to mine all sorts of information about people’s personal lives, allegedly run out of Oliver North’s office at the Department of Justice.

At the same time Riconoscuito was developing a spyware backdoor, another consultant, Barry Kumnick, whose father Frank was an Aryan Nation ideologue living next door to Randy Weaver at Ruby Ridge, ID, was creating an artificial intelligent component called Brainstorm which could allow technicians to predict an individual’s thinking and future action. Kumnick’s early work later morphed into the Total Information Awareness program under the second Bush. It is said that work on the program was stopped when Bush Senior was not reelected, but the work just as likely continued under the radar.

Investigative reporter Danny Casolaro's was "suicided" and his notes and tape recorder were missing.


Like any good spy story, the Islaw-PROMIS saga is marked by its trail of dead, disappeared, and discredited, with claims of as many as 50 murdered. The most remembered casualty was investigative reporter Danny Casolaro, whose naked body was found in a blood-filled bathtub in a Martinsburg, WV, hotel room with multiple slash wounds on his arms and wrists.

Missing was his ever-present briefcase, tape recorder, and notes and outline of his proposed book about the web of intrigue surrounding Iran-Contra, the savings and loan meltdown, BCCI, Contra-connected Wackenhut, Wackenhut-connected INSLAW, the INSLAW-connected October Surprise, and possibly including a secret group of well-connected work-for-hire former spooks running drugs for the Contras.

Casolaro called this high-level conspiracy “The Octopus” and had shown friends his research findings only days before his death. He was in Martinsburg to interview a source who, he told friends, would help him nail down a last piece of evidence in the INSLAW software theft case.

Bleifuss, reporting on the Casolaro death in In These Times, talked to a close friend who said Casolaro began receiving death threats eight or nine months before his demise. The last one, according to Casolaro’s brother, came five days before his trip to West Virginia. Casolaro reportedly told his brother that “if anything happens to me, don’t believe it is an accident.”

Casolaro’s body was found on a Saturday and was embalmed the following Monday -- before family members could be notified -- without a careful autopsy or forensic investigation; the death scene was quickly sanitized by a “cleaning contractor.” Four days later authorities ruled the young journalist’s death was a likely suicide.

Two years later attorney and corruption investigator Paul Wilcher, representing jailed former CIA operative Gunther Russbacher while also looking into the Inslaw case and its possible connections of other high-level conspiracies and cover-ups, was found dead in his bathroom with no apparent cause of death.

Days earlier Wilcher told a friend, now deceased White House correspondent (and Tyler, TX, native) Sarah McClendon, that his investigation had taken him deeper into the conspiracy than Casolaro’s had and that he had become a “danger signal” to powerful interests.

Wilcher’s personal records, documents, computer files, and other information also disappeared, and his body was cremated without positive identification, fingerprinting, or complete forensic examination to determine cause of death. Wilcher was 40 years old and, according to friends, in good health.

Russbacher claims that, as a aviator attached to the Office of Naval Intelligence, he piloted George Bush to Paris in 1980 to rendezvous with Iranian revolutionaries and hammer out details for the hostage release delay. He also claims that $40 million was handled over to the Iranians in Paris to seal the deal. Furthermore, Russbacher said that he had cockpit tape showing the former CIA director in the back seat of the SR71 spy plane used in the return flight.

Russbacher convinced Milcher that his intimate knowledge of the October Surprise as well as other agency “dirty tricks” was the real reason he had been imprisoned, charged, he said, with violating parole in fictional criminal cases originally fabricated by the government to provide cover in his clandestine work.

Riconoscuito also is in the slammer, convicted of illegal drug manufacture. He says he was framed as punishment for going public with his dealings with Brian, the development of PROMIS’s backdoor, and Wackenhut weapons manufacturing and Contra connections.

The developer of the Brainstorm AI component, Barry Kumnick, disappeared amidst the PROMIS scandal fallout. Before disappearing, Kumnick told his sister in Idaho that his new program would be extremely dangerous if it got into the wrong hands. Kumnick has recently resurfaced but has had little to say about INSLAW or his disappearance.


The Inslaw case is indeed an octopus with tentacles reaching into many dark places, and this telling barely scratches the surface of the layers of deception and intrigue.

For instance, we have omitted Debra von Tripp’s story of how the U.S. came perilously close to war with Japan over CIA intrusions into confidential Japanese business dealings and Japanese bugging of the White House; her allegations connect the Saran gas attack in Tokyo, the mid-air explosion of a Lear jet carrying the assistant secretary of the Army, and the Oklahoma bombing, planned and carried out, she said, by rogue U.S. intelligence agents working for the Japanese government.

Von Tripp states that the FBI-CIA dual-assignment agent behind these plots, Robert Goetzman, also murdered Vincent Foster because he “got greedy” and started selling NSA code to the Israelis. She states that one of Goetzman’s covers was as an executive for MCA/Universal, a Japanese-owned multinational entertainment conglomerate with ties to both the Yakuza and American organized crime... and also to Ronald Reagan -- who was represented by the MCA talent management company during his Hollywood career. That is her story, and she is still alive and free and apparently sticking to it, though few are listening.

In 2001, the Unification Church-owned Washington Times and Fox News each quoted federal law enforcement officials familiar with debriefing former FBI agent Robert Hanssen as claiming that the convicted spy had stolen copies of a PROMIS-derivative for his Soviet KGB handlers.

These reports further stated that Osama bin Laden later bought copies of the same PROMIS-derivative on the Russian black market for $2 million and used the software to penetrate database systems in order to move funds throughout the banking system and evade detection by U.S. law enforcement.

In 2006, former Polish-CIA double-agent and now international journalist David Dastych alleged that Chinese military intelligence (PLA-2) devised their own double backdoor through which they penetrated the PROMIS database systems in the Los Alamos and Sandia national laboratories in order “to steal U.S. nuclear secrets."

Despite first a federal bankruptcy judge’s blistering ruling that “through trickery, deceit, and fraud,” the U.S. Department of Justice “took, converted, and stole” software belonging to INSLAW, and then an equally damning investigation by the House Judicial Committee, chaired by Texas congressman Jack Brooks, which also called for a full investigation of Danny Casolaro’s death, the Department of Justice and the CIA have managed to divert or outright quash every serious investigation into the PROMIS affair and the web of shadowy subplots surrounding the story.

INSLAW has not received an additional penny for the massive theft and widespread sale of its intellectual property. Faced with closing its doors due to bankruptcy, the company was rescued by a substantial cash investment by IBM and is still in business, though perhaps just barely judging from its modest presence on the World Wide Web.

The possible moral: Crime pays... if you are the Department of Justice.

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Colombia : Uribe's Murderous Secret Police

Top: Departamento Administrativo de Seguridad (DAS) headquarters in Colombia. Photo from El Tiempo. Below, forces of the paramilitary Autodefensas Unidas de Colombia (AUC) on patrol. Photo from latinamericanstudies.org.

Colombia's DAS:
Vicious security octopus acts with impunity


By Marion Delgado / The Rag Blog / February 2, 2010

CARTAGENA DE INDIES, Colombia -- If you’ve ever traveled to Colombia, then you’ve met the Departamento Administrativo de Seguridad (DAS), the government’s Administrative Department for Security. When you get off the plane, DAS employees stamp your passport and, perhaps, ask why you’re visiting.

The DAS does much more than stamp passports, though. It is a powerful agency, a sort of “secret police” institution founded in 1960. Its mandate covers intelligence and counter-intelligence, domestic and international. It is also a law enforcement body whose agents have judicial police powers: they investigate crimes and can arrest and interrogate people. The DAS also provides bodyguards and security services for high government officials and others at risk.

To someone familiar with the U.S. government, the DAS is a strange beast. It combines aspects of the FBI, the CIA, and ICE. It isn't part of any cabinet ministry like Defense or Interior; it is part of the Colombian President’s office.

If you think this arrangement seems like a recipe for disaster, you’re right.

Disaster has struck with a vengeance during President Álvaro Uribe’s administration. According to recent reports in Colombia’s media and testimony from former officials, the DAS was essentially at the service of right-wing paramilitaries and major narcotraffickers between 2002 and 2005. It drew up hit lists of union members and leftists, and plotted to destabilize neighboring Venezuela.

Before DAS

The government of General Gustavo Rojas Pinilla (1953-1957) replaced the existing security police by creating the Servicio de Inteligencia Colombiano (SIC) in 1953, which was answerable to the President’s office and used methods like those of the FBI in the U.S. The SIC worked in close coordination with the state Office of Information and Propaganda in activities such as the monitoring of the press. SIC was advised in this effort by Karl von Merk, a former secretary to Nazi Germany’s propaganda chief, Joseph Goebbels, according to a report by journalist Alberto Donadío.

SIC's focus was on hunting down communists and dissidents. A military commander in the western province of Valle del Cauca has said SIC agents also operated in complicity with "los paracos" there – paramilitary squads hired by Colombia's conservative elites.

At a Feb. 5, 1957, bullfight, when Rojas Piniella’s daughter, Maria Eugenia's, was booed upon her arrival, numerous SIC agents among the crowd beat the vocal spectators mercilessly. According to U.S. Embassy reports, 20 people were killed.

What does the DAS do?

The DAS, created by decree in 1960 by then-President Alberto Lleras Camargo, who came from the Liberal Party, but who, like most liberals was a closet fascist, continued the SIC’s work, under the shelter of the then-existing "State of Siege" and the security statute (the latter adopted in late 1982), instruments that almost became a permanent part of the legal system after a new 1991 constitution was adopted. However, under this constitution, the State of Siege laws were abandoned. It does include a "catch-22" section covering whatever the agency wants to do, essentially: "Raison de Estado," or "reasons of State."

According to a later draft law on the state of emergency, searches and wiretapping could be carried out without a legal warrant. While this law would have applied to the “justice” apparatus, it was not passed; however DAS can and did wiretap, as it is independent of normal justice channels.

Today, the DAS' roles include domestic intelligence gathering, passport and immigration control, security services for threatened individuals, and acting as Colombia’s main interface with Interpol. The DAS has been a key partner for the U.S. Drug Enforcement Administration (DEA).

Uribe’s DAS

Álvaro Uribe’s first DAS Director (2002-2005) was Jorge Noguera, who directed Uribe’s 2002 campaign in the state of Magdalena. In early 2006, Noguera was revealed to have collaborated closely with some of Colombia’s most notorious narcotraffickers and right-wing paramilitaries. He allegedly facilitated drug shipments and gave the paracos lists of human rights defenders and labor leaders to assassinate.

In late 2008, the DAS was found to have ordered illegal surveillance of opposition Senator Gustavo Petro, a revelation that forced the resignation of then-DAS Director Maria de Pilar Hurtado. (Four appointees and one interim director have led the DAS during Uribe’s seven-plus years in office.)

Spying on human rights defenders

International human rights workers were targeted by DAS as well as politicians. E-mails from Human Rights Watch ended up in DAS files, and the G-3 recommended carrying out “offensive intelligence” against the organization’s Americas director, José Miguel Vivanco. The OAS Inter-American Human Rights Commission protested when it was revealed that the DAS had spied on a June, 2005, visit of UN Special Rapporteur for Women’s Rights Susana Villarán.

Forces of the paramilitary AUC check citizens' identification at roadblock. Photo from latinamericanstudies.org.


Links with paramilitaries

According to Rafael Garcia, the agency’s former chief of information systems who has made a series of explosive allegations, “Jorge Noguera conspired against the governments of neighboring countries, did away with leftist leaders, participated in narcotrafficking operations, maintained relations with paramilitary groups," etc. etc.

Garcia contends that Noguera maintained a close relationship with Rodrigo Tovar Pupo, “Jorge 40,” the leader of the Autodefensas Unidas de Colombia (AUC; United Self-Defense Groups of Colombia) paramilitaries’ powerful Northern Bloc, who controlled (and probably still control), much narcotics transshipment from the eastern half of Colombia’s Caribbean coast along with Hernán Giraldo’s Tayrona Resistance Front. Garcia says that Noguera met several times with “Jorge 40” to talk about local politics, including candidates in the 2003 municipal and gubernatorial elections. “On various occasions Jorge Noguera told me that 'Jorge 40' was very grateful for the collaboration that he had offered him,” said Garcia

In an interview with Semana, a Colombian news magazine, José Miguel Narvaez, who as sub-director was Noguera’s second-in-command at the DAS, said he told Colombian government investigators that Noguera’s relationships with paramilitaries went beyond “Jorge 40." Other paracos who got help from the DAS included Luis Eduardo Cifuentes (“El Aguila”), AUC's chief in Cundinamarca (the department around Bogotá); Carlos Mario Jimenez (“Macaco”) of the powerful Central Bolivar Bloc; and Miguel Arroyave, who headed the Centauros Bloc in Bogotá and in the southern llanos (the savannahs of Meta, Casanare, Guaviare and Vichada provinces) until his own men killed him in September, 2004. Narvaez said that Enrique Ariza, whom Noguera recruited to be the DAS chief of intelligence, ran a telephone wiretapping operation at the request of “Macaco."

Semana reported that DAS agents protected “Salomón," the right-hand man for a Cundinamarca paramilitary leader known as “El Pájar," whenever “Salomón” visited Bogotá. Also, in both April and June 2004, senior DAS officials foiled operations against “El Aguila," tipping him off that police and DEA agents knew his whereabouts and planned to capture him.

Another witness, a 15-year DAS veteran named Enrique Benitez, says he saw Noguera call off a secret operation to capture Hernán Giraldo. Shortly afterward, the DAS agent who'd developed the operation was transferred to a post in far-off Arauca department.

Garcia said that some DAS contractors had to pay 10% kickbacks to DAS officials, who passed most of the money on to the paramilitaries. Garcia told Semana, “Once Noguera told me that he had to do a favor for the paramilitaries of the llanos,” meaning Arroyave’s Centauros.

Responding to reports of an unnamed DAS agent who complained to Narvaez, along with fired agent Carlos Moreno, that DAS intelligence chief Ariza “stole some intelligence documents on Miguel Arroyave” and erased the information they contained, Garcia said, “I know that Jimmy Nassar, who ended up being Noguera’s advisor, offered this service. I’ve known people from the Centauros Bloc, to whom Nassar offered to erase their files in the system. He charged between 5 million and 10 million pesos (2,250 to 4,500 USD).”

Moreno has alleged that the DAS performed a similar file-disappearance service for Arroyave’s principal rival in the llanos region, Hector Buitrago, alias "Martin Llanos," in exchange for more millions of pesos.

Cambio, another Colombian magazine, reports that the DAS even gave "Jorge 40" an armored SUV intended for President Uribe’s exclusive use:
On November 17, 2004, the DAS sub-director at the time, José Miguel Narváez, called the DAS section chiefs in Atlántico and Cesar and told them that, by Noguera’s instructions, they were to place at the disposal of Rodrigo Tovar Pupo, 'Jorge 40', in Santa Fe de Ralito – where the AUC commanders were concentrated – an armored SUV for his personal protection... Days later, the paramilitary chief was using a red Toyota Prado, license plate QGC 851, with armor and a special chip to allow it to pass through security forces’ roadblocks. The incredible part of this story is that the vehicle had been acquired by the Atlántico governor’s office and given to the DAS for the exclusive use of President Álvaro Uribe when he visits the Atlantic coast. Informed about the matter, the government ordered a search for the vehicle, which was found in Valledupar with 'Jorge 40' at the wheel.”
Helping “Don Diego” and other narcos

Diego Montoya ("Don Diego"), the most powerful leader of Colombia’s most powerful drug cartel, the Norte del Valle organization, is on the FBI’s 10 most-wanted fugitives’ list alongside Osama bin Laden. That, says Garcia, didn’t stop the DAS from helping Montoya avoid capture. "Giancarlo [Auqué, who served as DAS intelligence director before Ariza] and Jorge Noguera passed secret information to... Montoya and the idea was not just to help him avoid capture, but to let him know that an informant in his own organization was revealing his location."

There is more. According to Semana, "Carlos Robayo, alias 'Guacamayo', was for years the right hand of the Norte de Valle boss. Two years ago, Semana witnessed 'Guacamayo' calling one of his contacts in the DAS and asking him to remove [from DAS archives] arrest orders, background information, photographs and fingerprint data for a dozen people. He also demanded that these materials be brought to [him]. Less than two hours after [the] call, a DAS detective arrived with the package."

The DAS also appears to have helped Montoya's archrival in the Norte del Valle cartel, Wilber Varela, alias "Jabón." Carlos Moreno said he was once sent to the attorney general’s office (Fiscalía) to steal files about a case tying unnamed individuals to Varela.

Drug boss Diego Montoya (Don Diego) is arrested in 2007. Photo from Telegraph, U.K.


Uribe’s 2002 campaign:
Narco funds, voter fraud, and paramilitary ties


Garcia also alleges that Noguera helped to facilitate narcotraffickers’ contributions to Uribe’s 2002 presidential campaign, mentioning lesser-known figures like Néstor Ramón Caro, a Casanare-based narcotrafficker whose extradition to the U.S. was sought in 2001; Raúl Montoya, from Magdalena department; and Ramón Crespo of Barranquilla.

In the run-up to the 2002 presidential election, García says, the Uribe campaign did “things that were more serious than what happened in the Samper campaign” [in 1994, when winning candidate Ernesto Samper allegedly took contributions from the Cali drug cartel].

Before Uribe named him to the DAS directorship, Noguera managed the Uribe campaign in the Caribbean coast department of Magdalena. This province was (and probably still is) under the heavy influence of two paramilitaries, the Northern Bloc and the Tayrona Resistance Front. The paramilitaries’ influence on politics is visible there: in 2003, their mayoral candidates ran unopposed in 14 of Magdalena’s 30 municipalities.

According to Garcia, Noguera and Juan Carlos Vives (now Uribe’s "drug czar") campaigned in Magdalena municipalities where it was impossible to do so without paramilitary permission, and were in contact with "Jorge 40."

But García’s charges go further.
An electoral fraud was organized [for the March 2002 legislative elections] to carry to the Congress the candidates preferred by the AUC’s Northern Bloc. I named three senators [and] three candidates for the House of Representatives from Magdalena, two Senate candidates from Cesar and two for the House, two House candidates from La Guajira, and a Senate candidate from Bolívar.
In Cesar, Magdalena, La Guajira and Bolívar states, Garcia said that Noguera used illegally obtained electoral-census data to ensure that, in several districts, those who did not show up at the polls still “voted” for the paramilitaries’ candidates. The same fraud was repeated two months later, said García, to benefit Uribe. Indeed, while Uribe’s challenger, Horacio Serpa, did rather well in northern Colombia thanks to the strength of Liberal Party machinery, Uribe won overwhelmingly in the districts where García alleges fraud occurred.

García also contends that in 2002, Presidential candidate Uribe actually met with José Gelves, another leader of the Tayrona Resistance Front. Gelves, an AUC member since 2000, told Semana that he did indeed meet with Uribe, and actively campaigned for him.

In 2003, García says, Noguera met with "Jorge 40" to discuss the October gubernatorial election in Magdalena.
Jorge Noguera went to see 'Jorge 40' and asked him to support his friend José Fernández de Castro, but 'Jorge 40' said no, because they were supporting Trino Luna [who ran and won unopposed]. Everyone had to vote for him. Jorge [Noguera] went to the meeting with 'Jorge 40' one Saturday, accompanied by retired General Rito Alejo.
Gen. Rito Alejo de Río is widely seen as a paramilitary supporter. He commanded the Colombian Army’s 17th Brigade in the northwestern region of Urabá while paramilitaries carried out near-daily peasant massacres without Army intervention, and Uribe was governor of Antioquia department, incorporating much of Urabá. Alejo was recently defeated in his bid for a seat in Colombia’s Senate.

Ordering assassinations of unionists and activists

One of García’s most frightening claims is that the DAS drew up a list of union leaders, leftist activists, and academics and passed it along to the Northern Bloc. According to Semana, several of those listed have been killed, most have received death threats, and others have been detained by the authorities.

“The detectives who told me about it showed me part of the list,” García says. “I wrote down some of the names. It drew my attention because it included Zullty Cotina, who had already been killed, and that of [Barranquilla professor] Alfredo Correa de Andreis, who was murdered after I saw the list.”

García offers new information about what happened to Professor Correa, whom the DAS arrested in 2004 on charges of "rebellion." Held in prison for months, and then released for lack of evidence, he was murdered weeks later. Though the DAS arrested Correa in Barranquilla, in Atlántico department, García says that the unit that carried out the arrest was from neighboring Bolívar department, whose section chief at the time, Rómulo Betancourt, is now under investigation for links to paramilitaries.

García says he in fact witnessed Noguera, when hiring Betancourt for the Bolívar post, actually asking “Jorge 40” for permission to do so.

When Semana asked whether assassinations of those on the DAS list were carried out by the DAS or paramilitaries, García responded, “They were carried out by self-defense groups [paramilitaries]. But they told me that the killing of [Correa] had been carried out by people from the DAS. I also told the prosecutor that I had heard mention of a Cartagena union organizer who was killed while holding his child’s hand.”

Three unions with members on the DAS list that have been hit particularly hard are the Association of Health and Social Security Workers (ANTHOC) and two agricultural workers’ unions, Sintragrícola and Fensuagro. Since 2001, two ANTHOC leaders have been killed and 40 have received death threats.

The union’s vice-president, Gilberto Martínez, says he began receiving threats in 2001, intensifying in 2003. He told Semana, “Since that moment we have denounced, in many places, the conspiracy between the DAS and the paramilitaries in Atlántico to follow, threaten and murder members of our union. These denunciations have not prospered in the justice system, but now Mr. García has ratified them.”

A hit on Chávez?

Though he offers few details, citing security concerns for himself, García also told Colombia’s press that “there existed a destabilization plan against the Venezuelan government, and there are many Colombian government people involved.”

García contends that Noguera and others were drawing up plans to kill high officials in the Venezuelan government, including leftist President Hugo Chávez. His allegations recall the 2004 arrest of 114 Colombian men at a compound near Caracas, a combination of young campesinos from Norte de Santander department and paramilitaries from AUC's Northern Bloc. At the time, Chávez described the Colombians’ presence as part of a plot to kill him.

Six months later, Venezuela was shaken by the assassination of prosecutor Danilo Anderson, the first such attack the country had seen in over 30 years. In November 2009 a Colombian man identifying himself as a demobilized paramilitary member who'd served the DAS as an intelligence source told Venezuelan authorities that Noguera had advance knowledge of a plan to kill high-ranking Venezuelan officials like Anderson and President Chávez. García’s testimony lends credibility to this story. Venezuelan authorities also claim that “Jorge 40” paid a visit to Maracaibo, Ven., to meet with anti-Chávez figures.

Former DAS director Jorge Noguera. Photo from Cambio.


Murdering informants


According to Cambio, in his recorded statement Moreno talked about extrajudicial executions of DAS informants “who were no longer useful or who posed a danger because they knew too much.”

The magazine discusses the case of Fernando Pisciotti, mayor of El Banco in Magdalena department. In October 2003 Noguera and Juan Carlos Vives (at the time a vice-minister of interior, now head of the national drug enforcement directorate or DNE) visited Pisciotti’s town. The mayor complained that paramilitaries were pressuring local officials for their candidate to run unopposed in the upcoming mayoral elections, that they had plans to do the same in the congressional elections, and that he and other locals feared for their safety.

Noguera and Vives told Pisciotti to meet them at the DAS headquarters in Bogotá on November 15, and to bring a written report of his accusations. When the mayor reported to Noguera’s office, the DAS director was unable to meet with him. On December 9, Pisciotti was kidnapped. His body was found hours later, shot in the head. Cambio reports, “Based on the case file, Julio César Pisciotti, a lawyer and the victim’s brother, said that before killing him, the murderers tied his feet together with his shoelaces, beat him, and read to him excerpts from the document that he gave to the DAS.”

Though Noguera remains under investigation, he faces no formal charges to date. In fact, President Uribe did him the great honor of naming him Colombia’s Consul in Milan, Italy, in February 2009, where he remains today.

Where is President Uribe on all this nastiness?

Miami’s El Nuevo Herald reported that Uribe was already well-informed about problems in the DAS back in January 2004 when Enrique Benítez, then-head of the DAS bodyguard division, gave evidence of corruption in a major agency arms buy supposedly destined for those assigned to protect union members. Not only did Benítez’s whistle-blowing fail to get the case properly investigated, Noguera demoted him and transferred him to the distant, poor, conflictive department of Chocó near the Panama border.

Benítez met to discuss his situation with José Roberto Arango, at the time an advisor to Uribe. Benítez says Arango told him, “President Uribe is already aware of all the corruption in the DAS, but I don’t understand why he doesn’t want to get this (expletive) [an apparent reference to Noguera] out of the director’s position.”

These continuing, unrelenting episodes cannot any longer be blamed on a few functionaries with axes to grind, or a few “bad apples." There are abundant signs of a criminal takeover of Colombia’s most important intelligence agency.

The ongoing accusations have worsened an atmosphere already charged with suspicions and fears about Colombia's demobilization and negotiation process with the paramilitaries. Some of the government’s critics are already speaking of the formation of a “Mafioso” state.

'G-3': the secret police’s secret police

In 2003, then-DAS Director Noguera created the “Special Strategic Intelligence Group” (G-3), which appeared nowhere in the agency’s organization charts. The G-3, whose very existence the DAS denied until March 2009 was created to carry out sensitive intelligence operations including, according to one document from agency headquarters: “Surveillance of organizations and people with tendencies to oppose government policy in order to restrict or neutralize their actions.”

The G-3 was abolished when Noguera left in November 2005. However, many of its functions passed to another DAS unit, the “National and International Observation Group” (GONI). The G-3’s original coordinator, Jaime Fernando Ovalle, remained in the DAS until November 2008, when he was fired for his role in the illegal surveillance of Senator Petro. The GONI was dissolved in March 2009. [Coincidentally or not, in the U.S. Army, "G-3" designates Operations and Training at the Brigade level.]

Colombian president Alvaro Uribe. Photo from Vivirlatino.


Spying on judges

The G-3 appeared to focus principally on non-governmental activists. The GONI’s targets, however, included Supreme Court magistrates who have been investigating dozens of President Uribe’s political allies’ alleged ties to murderous paramilitaries.

In May 2009 investigators found recordings revealing that all the candidates opposing Uribe’s 2006 re-election bid were wiretapped. Colombia’s daily El Espectador published a list of 36 prominent politicians, nearly all from the opposition, and six noted journalists who were under surveillance at the time.

One DAS detective said he was assigned to monitor people like ex-presidents Ernesto Samper and Andrés Pastrana. This included wiretapping and wearing disguises to meetings and events, as well as following their children, wives, advisors, and assistants.

Semana columnist Daniel Coronell noted a series of “inexplicable coincidences” in which DAS agents searched the agency’s restricted database for information about former president César Gaviria, an Uribe critic. Days later, on April 27, 2006, Gaviria's sister was murdered.
Revelations of new spying

In its August 30, 2009, issue, Semana reported that, in the wake of the DAS surveillance revelations,
Things not only have not changed, but they have even gotten worse. The wiretaps and surveillance of [Supreme] Court members, journalists, politicians and some lawyers continue. And if that weren’t enough, they have extended to some presidential candidates [Colombia has elections in 2010] and, recently, to members of Congress.
"Some of the [wiretapping] equipment being used was hidden from the Attorney-General [Fiscalía] and Inspector-General [Procuraduría] during the... investigation,” an anonymous DAS source involved in the operation told Semana. "Two weeks ago, some of the equipment was returned to Bogotá to monitor members of Congress, based on the referendum voting." The "referendum," a bill passed by Colombia’s Congress in September, will schedule a plebiscite on changing the country’s constitution to allow Uribe to run for an unprecedented third straight term.

The U.S. response

Among the new wiretap recordings are more of Judge Iván Velásquez, the Supreme Court’s chief “paraco-politics” investigator. One is of a mid-2009 phone conversation between Velásquez and James Faulkner, a Justice Department official at the U.S. embassy. “It worries me to hear the voice of my judicial attaché in a wiretapped call,” U.S. Ambassador William Brownfield told reporters.

It should come as no surprise that the voices of U.S. Embassy personal are heard on the DAS wiretaps. It is the Embassy, and Brownfield, along with other U.S. agencies and departments, that provided the equipment to tap the phones and read the e-mails in the first place, paid for, of course, with your U.S. taxpayer dollars.

In February 2009 Brownfield recognized this fact, but said that the U.S. aid to an agency embroiled in a scandal over illegal spying was given solely in order to "resist, combat and eventually defeat drug trafficking, international crime, and terrorism."

Ahhh yes, “the drug war,” the ever present excuse for criminal activity, both at home and abroad. Never mind that the equipment was used to, among other crimes, promote and facilitate the flow of drugs to the U.S.

The response from Washington…

Barack sez:

“[W]e obviously think that... steps... have already been made on issues like extrajudicial killings and illegal surveillance that it is important that Colombia pursue a path of rule of law and transparency, and I know that that is something that President Uribe is committed to doing.” – President Barack Obama, June 29, 2009, hosting President Uribe at the White House.

Hillary sez:

“Allegations of illegal domestic wiretapping and surveillance by Colombia’s Department of Administrative Security (DAS) are troubling and unacceptable. The importance that the Prosecutor General’s Office has placed on prosecuting these crimes is a positive step for Colombia, but media and NGO reports allege that illegal activity continues, so it is even more vital that the Colombian government take steps to ensure that this is not the case... [A] rigorous, thorough and independent investigation [is] in order to determine the extent of these abuses and to hold all perpetrators accountable.” – September, 2009 State Department press release announcing that Colombia, in the department’s view, meets human rights conditions in U.S. foreign aid law.

Stop it; I’m laughing my culo off here!

However, Congress sez:

The U.S. Congress has now voted to stop subsidizing DAS, removing its funding from the U.S. Consolidated Appropriations Act (USCAA 2010) for 2010 passed earlier this year. The Colombian government recently decided to disband the agency, after it was found to have illegally wiretapped the Chief of the National Police, the Minister of Defense, as well as former Presidents, Supreme Court judges, prominent journalists, union leaders and human rights advocates.

Activities of the scandal-prone agency had not, until now, affected U.S.-Colombian relations, nor had they dampened U.S.-Colombian intelligence cooperation. But, in a surprising development, the USCAA 2010 bars DAS from receiving U.S. funds for law enforcement training and anti-narcotics trafficking operations. The Act explicitly connects the suspension of aid with "reports that the DAS has repeatedly engaged in phone tapping, e-mail interception, and other illegal activities against law-abiding citizens, including collusion with illegal armed groups."

It is worth noting that the suspension applies to DAS’ possible successor organizations.

This from a government that is itself engaged in warrantless phone taps of thousands; you might notice they didn’t mention the Colombian murders and disappearances. Well, one thing at a time, it seems...

Postscript:
Prosecutor investigates DAS Agency officials in La Guajira

Less than a month ago a new chapter surfaced in the DAS story.

A few days before Christmas, Colombian President Álvaro Uribe learned from intelligence reports that the Director of the Public Prosecutions branch in La Guajira, Lozano Claudia Doria, and others, were paid for returning seized drug shipments to a cocaine trafficking network.

Attorney General Guillermo Mendoza has opened an internal investigation because information came to his office months ago that senior prosecution officials in La Guajira and two DAS detectives in the region had participated in the return of a shipment of cocaine for which they received 800 million pesos ($400,000 USD) from traffickers. Mendoza has assigned a procurator from the Superior Court of Bogotá to investigate the allegations.

The case hinges largely on a witness identified as "Mary," who has been for several years an informer, described as "reliable." In statements to the court, he said he had learned that DAS officials were paid for the return of two shipments: one of cocaine and another of marijuana.

"Mary" was moved to Bogotá and into a witness protection program, but before the move, on November 21, after giving his first public comments about the corruption network operated by the DAS and attorneys, he was attacked at his home in Riohacha.

According to "Mary"’s account, in November 2008 DAS investigators Germain William Velasco and Jose Galindo returned a shipment of 500 kilos of cocaine that had been confiscated by authorities near Maicao, and received 850 million pesos in the deal.

He claimed that both Galindo and Velasco began to buy expensive cars and properties in other cities, and live like kings, and that Velasco had confided that the operation had been the brainchild of senior prosecution officials, who had also received money, including the branch director, Lozano Doria.

The witness' statements were corroborated by a former prosecutor, former judge, and a senior member of the Army, who assured officials that, in effect, the return of the drug shipment occurred, and that prosecutors would also have been involved. "You cannot imagine the degree of corruption of these prosecutors," said one witness.

EXCHANGE Magazine contacted the director of DAS, Felipe Munoz, for the agency's side of the story Munoz said there was an internal investigation to establish the responsibility of his subordinates in the case, but for now there is no conclusive result.

The magazine also interviewed Claudia Lozano, Director of the Public Prosecutions branch of La Guajira.

EXCHANGE: You've been involved in an alleged return of a shipment of cocaine. What can you say about that?

Claudia Lozano: They want to ruin my reputation.

EXCHANGE: But before the prosecution a witness said a DAS detective told him that you were involved in the release of the drug and therefore received money.
Claudia Lozano: I am amazed with what you say.

I too am amazed.

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