Attorney General Defends Prosecution Of 9/11 Mastermind In Federal Court, Discusses Prison Reform

By Ravi Bhatia-Talk Radio News Service

During his testimony before the Senate Judiciary Committee Wednesday, Attorney General Eric Holder defended his decision to try Khalid Sheikh Mohammed, the self-proclaimed mastermind behind the 9/11 attacks, through the federal court system in New York rather than through military commissions.

President Barack Obama revived former President George W. Bush’s military commissions, also known as military tribunals, in May 2009 for a small number of Guantanamo Bay detainees. Obama's tribunals, deemed “Bush Light” by critics, provided terror suspects and war prisoners with more legal protections. However, the tribunals have been criticized for sacrificing American judicial values in order to prosecute prisoners quicker.

In his argument for employing federal courts rather than military courts, Holder cited the 300 convicted international and domestic terrorists currently in the custody of the Bureau of Prisons. He claimed that the United States could prosecute terrorists “safely and securely” in the federal system because “we have been doing it for years.”

“I studied this issue extensively,” Holder said in his opening statements. “I consulted the Secretary of Defense. I heard from prosecutors from my Department and from the Defense Department’s Office of Military Commissions. I spoke to victims on both sides of the question. And at the end of the day, it was clear to me that the venue in which we are most likely to obtain justice for the American people is in the federal court.”

While Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) defended Holder, saying that “we can rely on the American justice system,” the decision was met with criticism from Republican members of the committee. In one instance, Senator Lindsey Graham (R-S.C.) called Holder’s choice “a perversion of the justice system.”

“You’re a fine man,” Graham said to Holder. “I know you want to do everything to help this country be safe but I think you’ve made a fundamental mistake here.”

Senator Jon Kyl (R-Ariz.) mentioned that Mohammed had already said he would plead guilty to the terrorists acts.

“How could you be more likely to get a conviction in federal court when Khalid Sheikh Mohammed has already asked to plead guilty before military commission and be executed?” Kyl asked, garnering scattered applause and laughter from some audience members. “How can you be more likely to get a conviction in an Article III [federal] court than that?”

In response, Holder said, “the determination I make ... does not depend on the whims or the desires of Khalid Sheikh Mohammed. He said he wanted to do that then. I have no idea with what he wants to do now with regards to these military commissions that now [have] enhanced protections. My job is to look at the possibilities."

Holder also touched on issues such as prison reform legislation, claiming that drug courts specifically established for non-violent crimes have so far been effective, responding to Senator Al Franken's (D-Minn.) opinion that too many prisoners were in prison for drug possession.

“We’re essentially [taking] kids who are in possession of drugs and sending them to crime school," Franken said. "They learn from other criminals how to do crime, and two-thirds of them come back [after] they’re released within three years.”

“I’m familiar with the [drug court] we have here in Washington, D.C.... that has [proven] to be very successful in dealing with people who are selling drugs because they are addicted to drugs,” Holder said. “These are low level dealers, not the people who live in penthouses and drive big cars and all that.”

Holder recommended a data driven analysis of the U.S. prison system. He said that a “sentencing group” is looking at a “wide variety” of issues in U.S. prisons.

“Who is in jail?” Holder asked. “Are they in jail for appropriate amounts of time? Is the amount of time they spend in jail a deterrent? Does that have an impact on the recidivism rate? This group will be reporting back to me within the next couple of months. It is on that basis that we’ll be formulating policy and working with the Committee.”

Pelosi And Others Credit Stimulus For Boom In Scientific Research Spending

By Ravi Bhatia - Talk Radio News Service

On Tuesday, House Speaker Nancy Pelosi (D-Calif.), along with other House members and representatives from various universities, touted the research conducted with money from the American Recovery and Reinvestment Act of 2009.

Also known as the stimulus package, the ARRA allocated $21.5 billion for scientific research, purchasing equipment and science-related construction projects.

“There was a time, if you promise not to tell anybody, when in Washington you had to choose between science and faith, take your pick,” Pelosi said. “And [then] we said, 'science is an answer to our prayers.' It’s all pretty compatible.”

The university officials universities pointed to the website www.scienceworksforUS.org, which details the stimulus-sponsored research being conducted across the country. ScienceWorksForUS is an initiative of the Association of American Universities, the Association of Land Grant Universities, and the Science Coalition, who together represent 200 research institutions.

Bank Of America Executives Defend Merrill Lynch Deal

By Ravi Bhatia - Talk Radio News Service

Bank of America (BOA) executives, including two members of the bank’s board of directors, testified Tuesday in front of the House Oversight Committee to explain how a private deal between BOA and Merrill Lynch turned into a federal bailout.

The $50 billion deal between the two banks occurred in September, 2008 and saved Merrill Lynch from bankruptcy. A January 2009 report of its earnings, however, showed that Merrill Lynch lost $21.5 billion in the fourth quarter of 2008, requiring the government to subsequently provide it with an emergency $15 billion preferred stock investment through the Troubled Asset Relief Program.

Committee Chairman Rep. Edolphus Towns (D-N.Y.), claimed during Tuesday's hearing that the government did not force Bank of America to take the bailout. Towns noted that it was former Bank of America Chairman Ken Lewis who asked former Treasury Secretary Hank Paulson on Dec. 17, 2008 to intervene.

“That one phone call put everything in motion,” Towns said. “Lewis claimed that he believed Bank of America could back out of the deal with Merrill Lynch based on the Material Adverse Change clause in the merger agreement - the so-called ‘MAC clause.’ [Former Bank of America General Counsel Timothy J.] Mayopoulos was suddenly fired nine days later without explanation and replaced by a senior insider who had not practiced law in years.”

Mayopolous testified Tuesday that, “Based on information [that was] already disclosed to shareholders, a reasonable investor would have been on notice that Merrill Lynch might well suffer multi-billion dollar losses in the fourth quarter of 2008.”

During his prepared remarks, Mayopolous also denied involvement in Bank of America's approving Merrill Lynch to pay billions of dollars in bonuses to its employees. However, he did advise Steele Alphin, Bank of America’s Chief Administrative Officer, that Merrill Lynch, not Bank of America, should determine year-end bonuses for Merrill Lynch employees.

“I also advised Mr. Alphin, however, that it was appropriate for him to make clear to the Chair of Merrill’s Compensation Committee that it would be inappropriate for John Thain, Merrill Lynch’s CEO, to be paid a year-end bonus,” Mayopolous said. “My advice was not legal advice that such a bonus would be illegal, but rather my business judgment as to what would be best for the combined company.”

Bank of America’s President of Consumer and Small Business Banking Brian Moynihan said Tuesday he was proud of the role his firm has played in the economy “during this period of economic difficulty,” and that Bank of America's acquisition of Merrill Lynch helped prevent a further financial collapse.

“We have extended $759 billion in new credit since we filed our first report in the fourth quarter of 2008,” he said. “That represents almost $17 for every dollar of the $45 billion of taxpayer assistance to the Bank of America.”


Webb Comes Out Against Cap And Trade, Unveils Alternative Plan

By Ravi Bhatia - Talk Radio News Service

In a news conference Monday, Sens. Jim Webb (D-Va.) and Lamar Alexander (R-Tenn.) introduced their alternative to the Kerry-Boxer climate bill. The “Clean Energy Act of 2009” would allocate $100 billion in loans for technology-neutral, carbon-free electricity over the next 20 years, with the goal of doubling nuclear production during that time.

The legislation would invest $1 billion over five years on enabling the Nuclear Regulatory Commission to review new nuclear reactor designs. Hitachi and General Electric are two companies that have worked on a design that would create reactors that use fewer pumps and would cut the construction time of a nuclear power plant to 42 months.

Both senators argued that their bill could easily attract bipartisan support, unlike the cap and trade plan, which they said encourages the outsourcing of American jobs. Webb said he was particularly concerned with the complexity of cap and trade, claiming that that there is “no way to fully measure [its] potential impact on the economy.”

“[Our bill] is measurable, achievable, targeted,” Webb said.

While the Webb-Alexander bill primarily focuses on nuclear energy, it would also fund what Alexander calls five “Mini-Manhattan Projects,” which would invest in clean coal, advanced biofuels, advanced batteries, solar power, and nuclear fuel recycling.

Webb, whose opposition to the Kerry-Boxer legislation is a serious blow to the oft-debated bill, said that he and Alexander would continue to oppose it even if their legislation was included.

Comprehensive Study Could Improve Diplomacy, Says State Department Official

By Ravi Bhatia - Talk Radio News Service

Director of Policy Planning for the U.S State Department Anne-Marie Slaughter said Monday that a new study aimed at plotting out the future of the department, the Quadrennial Diplomacy and Development Review, could yield improvements in international relations.

“[Following the success of the QDDR] we would have much greater capabilities in the building of a new global architecture of cooperation,” said Slaughter. “[This] would include a greater capability and greater strategy in building bilateral partnerships with emerging nations and with our traditional allies. We would have a far greater capacity to work with non-state actors.”

According to the State Department, the QDDR hopes to provide a short, medium, and long-range blueprint for U.S. diplomatic and development efforts by showing how the current and future administrations should develop foreign policy, allocate resources, deploy staff, and exercise authority. The Review’s final report will be presented to President Barack Obama and Congress.

Slaughter spoke about the QDDR’s efforts at the Center for American Progress, a left-leaning think tank in Washington, D.C. Her remarks coincide with the release of the center’s recommendations for Obama’s National Security Strategy.

The CAP report states that the NSS should fundamentally change the U.S. response to radical extremists, increase U.S. funding for development in “weak or failing” states and use diplomatic tools to engage with hostile regimes, among other recommendations.

“Everywhere you turn, it is clear that we need not only government power, but the power of the private sector, the power of [non-government organizations], the power of think thanks like [CAP] -- all putting in their comparative advantage and resources to tackle common problems,” Slaughter continued.

The Obama administration was required to deliver its first NSS report within five months of the president taking office, according to the CAP report’s executive summary. The administration has yet to issue one.

Retired Army Major General Paul Eaton, who also spoke on behalf of the CAP report, discussed the government’s unresolved issues with allocating resources, which the QDDR and the CAP report seek to correct through their recommendations.

“There is no hard-ass Colonel who is telling people in a directive fashion, in the development of a plan, how you’re going to resource the plan,” he said. “There’s no mechanism today to establish directive authority, to establish tasking authority and to make things happen in a comprehensive, integrated fashion. Until that entity is created, [our diplomatic and development efforts aren’t] going anywhere," said Maj. Gen. Eaton.