The Washington Post Thursday spotlighted the federal prosecutor’s office in Manhattan, which it says is “ratcheting up an aggressive strategy to pursue terrorists, drug traffickers and corrupt public officials who operate on foreign soil.”
The focus on fighting crime abroad hasn’t won universal praise, The Post reports, citing criticism that federal law enforcement resources should first be utilized domestically.
But, the Post reports, “advocates say that using the long arm of American law to apprehend international figures whose crimes involve the United States might be the only way to attack an increasingly sophisticated global criminal threat.”
According to the newspaper, “since taking office last year, Preet Bharara, U.S. Attorney for the Southern District of New York, has launched or re-emphasized criminal cases against a young Somali pirate accused of hijacking the ship Maersk Alabama in the Indian Ocean; three African men charged with conspiracy to commit narco-terrorism in support of al-Qaeda in the Islamic Maghreb; and a Guantanamo Bay detainee who had been charged in the 1998 bombings of U.S. embassies in East Africa, which killed 224 people.”
In an interview, Bharara told the Post: “The world is becoming more interdependent and more global and so is crime.” He continued, “In order to stay one step ahead of the criminals, you need to figure out a way to be as sophisticated as they are. . . . You have to go where the evidence is, where the crimes are plotted and where the money is being hidden.”
In the past three years alone, federal prosecutors from New York’s Southern District have traveled to more than 40 countries, including Afghanistan, Egypt, Poland and Venezuela, a spokeswoman said.
Just this week, Bharara’s office unsealed an indictment charging former Guatemalan President Alfonso Portillo with money laundering.The fugitive former president of Guatemala was charged with using U.S. bank accounts to launder millions of dollars skimmed from public funds.
Portillo, who was president from 2000 to 2004, converted the office “into his personal ATM” and “abused the trust of his people,” Bharara said.
According to The Post, “within the U.S. legal community, some academics and former prosecutors ask about the wisdom of targeting international figures while traditional American law enforcement missions suffer from a lack of funding.”
The newspaper quotes Kirby Behre, a former prosecutor in the District and a partner in the Paul Hastings law firm, who argued that “taxpayers should question whether it is a wise use of U.S. resources to prosecute the former president of Guatemala, who left office six years ago, for embezzlement that has nothing to do with the United States.”
Posted in Corruption & Compliance, News | Comments Off
Former Attorney General Ed Meese on Wednesday joined in the criticism of Attorney General Eric Holder’s controversial decision to try alleged Sept. 11, 2001, terrorism mastermind Khalid Sheikh Mohammed in federal court in New York. Meese served as Attorney General under President Ronald Reagan from 1985 to 1988.
In a blog posting on Web site of the Heritage Foundation, where Meese is the Ronald Reagan Distinguished Fellow in Public Policy and chairman of the Center for Legal and Judicial Studies, he also criticized the decision to “abandon” the Guantanamo Bay detention camp.
Here’s Meese’s full blog posting:
“It is clear that foreign terrorists and terrorist groups have committed acts of war against the United States, and that our national security requires that we respond accordingly. This means that President Bush’s prudent actions and the military response which he led should continue as our answer to these attacks.
Congress overwhelmingly reaffirmed their commitment to military commissions in 2006, which have historically been the way that we respond to acts of war. To abandon our two centuries of tradition and to substitute some new civilian procedure as a response to such attacks endangers the security of our country and our national interest.
It was a tragic mistake to decide to abandon the prison facility at Guantanamo Bay, which was designed physically and legally to handle these types of cases. It is a further tragic mistake to now bring the detained war combatants into the United States and to employ civilian criminal procedures which were never intended for this type of situation.
The U.S. Constitution protects American citizens and visitors from the moment they are suspected of criminal wrongdoing through a potential trial. These same protections are not, have never, and should not be granted to enemy combatants in war, since it is clear that regardless of the outcome of the trial, these detainees will likely remain in the custody of the United States.”
Posted in News | Comments Off
Attorney General Eric Holder used his Senate Judiciary Committee appearance today to push back against conservative critics on national security.
Without naming names, Holder refuted recent comments by former Attorney General Michael Mukasey and Mukasey’s close friend, former New York City Mayor Rudy Giuliani, both of whom have slammed Holder’s controversial decision to try alleged 9/11 mastermind Khalid Sheikh Mohammed in federal court in New York.
“There are some who have said this decision means that we have reverted to a pre-9/11 mentality, or that we don’t realize this nation is at war,” Holder said in his opening remarks before a Justice Department oversight hearing. “I know that we are at war.”
The “pre-9/11 mentality” comment appeared aimed right at Mukasey, who was President George W. Bush’s last Attorney General, and who served as an Assistant U.S. Attorney in the Southern District of New York in the mid 1970s with Giuliani.
Mukasey had earlier criticized the Obama administration for dropping use of the Bush-era “war on terror” phrase.
“Using soft, cushy euphemisms instead reflect they’re back in a pre-9-11 mentality,” Mukasey told the Washington Times. “In some ways it’s worse, because at least before [the attacks] we were not aware of what we were facing.”
And Giuliani said Wednesday that if Holder “truly believes we are at war,” he will reverse the decision to try KSM in civilian court and instead let the military try him. “It sends a signal to the terrorists that we are not taking this seriously, as we did before,” the 2008 Republican presidential candidate told reporters on a conference call arranged by the Republican National Committee.
Giuliani became famous for his leadership of New York through the Sept. 11, 2001 attacks that brought down the World Trade Center. He became mayor in 1994, a year after followers of an Islamist leader with ties to Osama Bin Laden, the “blind sheikh” Omar Abdel Rahman, had first tried to bring down the towers, using explosives.
NBC’s First Read political newsletter points out a perceived inconsistency in Giuliani’s statements over time. In 1994, the New York mayor praised a guilty verdict in the first WTC bombing trial as demonstrating that “New Yorkers won’t meet violence with violence, but with a far greater weapon — the law.”
For his part Mukasey has been on an op-ed spree in recent weeks, publishing arguments in favor of military commissions in the Wall Street Journal and The Washington Post.
Holder on Wednesday said his critics who said courts can’t handle terrorism cases and that classified information wouldn’t be protected are spreading “misinformation.”
“Our courts have a long history of handling these cases, and no district has a longer history than the Southern District of New York in Manhattan,” Holder said. Among the high profile terrorism trials in New York was the 1994-95 trial of Abdel Rahman, who was convicted of plotting to blow up the United Nations and other New York City landmarks. Mukasey, then a federal judge, presided over the trial.
At Wednesday’s hearing, Sen. Orrin Hatch (R-Utah) cited Mukasey’s previous statements that he believed the Abdel Rahman trial had been bad for national security. The trial produced a public list of unindicted co-conspirators — including bin Laden — that may have tipped off the al-Qaeda leader he was wanted by the U.S. government, Mukasey has said.
Holder parried that prosecutors would have sought to keep the unindicted co-conspirator list classified and secret, if it had really compromised national security.
But one of the most interesting exchanges Wednesday came with a Democrat on the Senate panel. Sen. Herb Kohl (D-Wis) asked Holder what he planned to do if a jury failed to convict KSM. ”Failure is not an option,” Holder said, adding that he’d spoken already to the prosecutors about it. “These are cases that have to be won. I don’t expect that we will have a contrary result.”
Replied Kohl: “Well, that’s an interesting point of view. Um, I’ll just leave it at that.”
Posted in News | Comments Off
Former Attorney General Michael B. Mukasey on Tuesday during a radio interview with The Washington Times joked that Rep. James Moran (D-Va.) “ought to get professional help, perhaps from Maj. Nidal [Hasan],” the accused Fort Hood shooter, The Huffington Post reports.
Last week, Moran criticized opponents of Attorney General Eric Holder’s decision to try Khalid Sheikh Mohammed and his Sept. 11, 2001, co-defendants in the Southern District of New York, Talking Points Memo reported. “They see this as an opportunity to demagogue,” Moran told TPM. “They will seize on any opportunity to do that, and that means they’ll even take a stand that’s un-American.” He added, “It’s un-American to hold anyone indefinitely without trial. It’s against our principles as a nation.”
During his interview, Mukasay was asked to respond to Moran’s comments. “I think he’s lost touch with reality. He ought to get professional help, perhaps from Maj. Nidal.” Last week, Mukasey slammedthe decision to try Mohammed in New York City.
Posted in News | Comments Off
Former Attorney General Michael B. Mukasey on Friday criticized the Obama administration’s decision to prosecute a group of terrorism suspects accused in the Sept. 11, 2001, attacks in federal court, warning of safety risks to Americans and the possibility that national security information could be aired in civilian proceedings.
His speech to the conservative Federalist Society — of which he is a member — came hours after Attorney General Eric Holder announced that Khalid Sheikh Mohammed, the self-proclaimed “mastermind” of the attacks, and four other men accused in the plot would face charges in the Southern District of New York.
Mukasey, echoing concerns he outlined in a recent piece in The Wall Street Journal, said granting the suspects access to civilian courts would present a “cornucopia [of intelligence] for those still at large and a circus for those in custody.”
Mukasey, who supports trying terrorism suspects in military commissions at Guantanamo, said KSM will be “a virtually totemic figure” in prison, potentially radicalizing others. Mukasey said he wasn’t worried about the suspects breaking free but feared holding them in New York would make the city a renewed target for attack.
The question is whether the city will become the focus of new “mischief in the form of murder,” said Mukasey, who presided over the 1995 trial in New York of the “blind sheik” Omar Abdel Rahman, who was implicated in the 1993 World Trade Center bombing and convicted for plotting to blow up New York City landmarks.
At a news conference Friday, Holder said the Justice Department “has a long, successful history of prosecuting terrorists for their crimes against our nation, particularly in New York.”
He went on:
Although these cases can often be complex and challenging, federal prosecutors have successfully met these challenges and have convicted a number of terrorists who are now serving lengthy sentences in our prisons. And although the security issues presented by terrorism cases should never be minimized, our marshals, court security officers, and prison officials have extensive experience and training dealing with dangerous defendants, and I am confident they can meet the security challenges posed by this case.
Mukasey spent much of his speech lashing out at the Obama administration for reversing national securtiy policies under President George W. Bush, but he credited his successor for leaving intact intelligence-gathering methods used by the FBI and for continuing to deploy the controversial state stecrets privilege.
Mukasey, Bush’s third Attorney General, was introduced by Gerald Walpin, the former inspector general for the Corporation for National and Community Service.
President Barack Obama fired Walpin this summer, amid a federal probe into whether he overstepped his authority while investigating a Sacramento-based non-profit foundation. Walpin was recently cleared of wrongdoing, and has asked to be reinstated. His firing has become a rallying cry for conservatives who accuse the Obama administration of removing Walpin for political reasons.
Mukasey said Walpin was “unceremoniously” and “unlawfully” removed.
Click here for a video of the panel on C-SPAN.
This post has been updated.








