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Profile: Peter Keisler
Peter Keisler was a participant or observer in the following events:
Henry Kennedy. [Source: District Court for the District of Columbia]In June 2005, US District Judge Henry Kennedy orders the Bush administration to safeguard “all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay.” US District Judge Gladys Kessler issued a nearly identical order one month later. Later that year, the CIA will destroy videotapes of the interrogation and possible torture of high-ranking al-Qaeda detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see November 2005). In 2005, Zubaida and al-Nashiri are not being held at the Guantanamo prison, but at secret CIA prisons overseas. But while evidence of torture of Zubaida and al-Nashiri is not directly covered by the orders, it may well be indirectly covered. David Remes, a lawyer for some of the Guantanamo detainees, will later claim, “It is still unlawful for the government to destroy evidence, and it had every reason to believe that these interrogation records would be relevant to pending litigation concerning our client.” In January 2005, Assistant Attorney General Peter Keisler assured Kennedy that government officials were “well aware of their obligation not to destroy evidence that may be relevant in pending litigation.” [Associated Press, 12/12/2007] In some court proceedings, prosecutors have used evidence gained from the interrogation of Zubaida to justify the continued detention of some Guantanamo detainees. Scott Horton writing for Harper’s magazine will later comment that “in these trials, a defendant can seek to exclude evidence if it was secured through torture. But the defendant has an obligation to prove this contention. The [destroyed videotapes] would have provided such proof.” [Harper's, 12/15/2007]
In a follow-up hearing, Judge Vaughn Walker of the US District Court of Northern California hears arguments by AT&T and the Justice Department as to whether he should dismiss a lawsuit against AT&T by the Electronic Frontier Foundation (EFF—see January 31, 2006). The EFF argues that AT&T violated its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s allegedly illegal domestic wiretapping project. The government asserts that the lawsuit would jeopardize “state secrets” if permitted to go forward (see May 22, 2006). In today’s hearing, Justice Department lawyer Peter Keisler admits to Walker that the documents presented on behalf of the EFF by AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) and others are not classified. “None of the documents they (EFF) have submitted… implicate any privileged [classified] matters,” Keisler tells Walker. The judge says, “Including the Klein documents.” Keisler agrees, saying: “We have not asserted any privilege over the information that is in the Klein and Marcus (see March 29, 2006) documents.… Mr. Klein and Marcus never had access to any of the relevant classified information here, and with all respect to them, through no fault or failure of their own, they don’t know anything.” Klein will later write that Keisler’s admission is a crippling blow to the government’s assertion that the EFF documentation would compromise national security if made public or submitted in open court. [Klein, 2009, pp. 77]
Sharon Eubanks. [Source: Washington Post]Justice Department prosecutors appointed by the Bush administration interfered in the landmark lawsuit against tobacco companies, says the leader of the prosecution team, Sharon Eubanks. Eubanks says that Bush loyalists in Attorney General Alberto Gonzales’s office began micromanaging the team’s strategy in the final weeks of the 2005 trial, to the detriment of the government’s claim that the industry had conspired to lie to US smokers. Eubanks says that a supervisor demanded that she and her trial team drop recommendations that tobacco executives be removed from their corporate positions as a possible penalty. He and two others instructed her to tell key witnesses to change their testimony and ordered her to read verbatim a closing argument they had rewritten for her. “The political people were pushing the buttons and ordering us to say what we said,” Eubanks says. “And because of that, we failed to zealously represent the interests of the American public.” Eubanks, a 22-year veteran at the Justice Department, says three political appointees were responsible for the last-minute shifts in the government’s tobacco case in June 2005: then-Associate Attorney General Robert McCallum, then-Assistant Attorney General Peter Keisler, and Keisler’s deputy at the time, Dan Meron. The sudden strategy change sparked an uproar in Congress, and led to an inquiry by the Justice Department. Government witnesses said they had been asked to change testimony, and one expert withdrew from the case. Government lawyers also announced that they were rolling back a proposed penalty against the industry from $130 billion to $10 billion. Justice Department officials say that there was no political meddling in the case, an assertion supported by the department’s Office of Professional Responsibility. Eubanks, who left the department in December 2005, has not spoken publicly about the case until now. She says she is now coming forward because she is concerned about what she calls the “overwhelming politicization” of the department demonstrated by the controversy over the firing of eight US attorneys. Lawyers from Justice’s civil rights division have made similar claims about being overruled by supervisors in the past. Eubanks says Congress should investigate the matter along with the US attorney firings. “Political interference is happening at Justice across the department,” she says. “When decisions are made now in the Bush attorney general’s office, politics is the primary consideration.… The rule of law goes out the window.” US District Judge Gladys Kessler ruled in August 2006 that tobacco companies violated civil racketeering laws by conspiring for decades to deceive the public about the dangers of their product. She ordered the companies to make major changes in the way cigarettes are marketed. But she said she could not order the monetary penalty proposed by the government. Matthew Myers of the Campaign for Tobacco-Free Kids was one of the witnesses whom Eubanks asked to change his testimony. Yesterday, he said he found her account to be “the only reasonable explanation” for what transpired. Eubanks says that she was particularly distressed when McCallum, Keisler, and Meron ordered her to read word for word a closing argument they had rewritten. The statement explained the validity of seeking a $10 billion penalty. “I couldn’t even look at the judge,” she says. [Washington Post, 3/22/2007]
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