SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : The Obama - Clinton Disaster -- Ignore unavailable to you. Want to Upgrade?


To: joefromspringfield who wrote (62061)12/14/2011 2:49:42 PM
From: joseffy2 Recommendations  Respond to of 103300
 
Grand jury begins probe of Solyndra
.....................................................................................................................................

Attorneys’ billing shows preparation

By Jim McElhatton The Washington Times Tuesday, December 13, 2011
washingtontimes.com

A grand jury has begun investigating Solyndra LLC, the failed California solar-panel maker that lost more than a half-billion dollars in federal loans, according to law-firm billing records.Weeks after Solyndra filed for bankruptcy in September, a judge allowed the company to hire a law firm to represent it in what court records at the time called a “federal criminal investigation.”

Now the firm, K&L Gates, has filed with the U.S. Bankruptcy Court in Delaware a detailed, hour-by-hour account of how attorneys have been spending their time. Most of their efforts have focused on what the firm called the U.S. attorney’s office and Department of Justice investigation of Solyndra.

In an 18-page invoice from the law firm dated Dec. 9, the words “grand jury” appear numerous times: “Prepare response to grand jury subpoena,” one entry reads. Another said, “Review and prepare documents to respond to grand jury subpoena.”

The invoices also point to a meeting on Oct. 14 between K&L Gates attorney Jeffrey L. Bornstein, a former federal prosecutor in San Francisco, and an assistant U.S. attorney identified in the billing records only as “J. Nedrow.”

Jeffrey Nedrow is an assistant U.S. attorney for the Northern District of California, which is the same office overseeing the Solyndra investigation. Mr. Nedrow was a prosecutor in the criminal trial against former San Francisco Giants slugger Barry Bonds.

Yet another entry refers to a telephone call with “AUSA” — an abbreviation in legal circles that refers to assistant U.S. attorney — “regarding grand jury subpoena.”

The formation of an investigative grand jury would mark a significant development in the criminal investigation into Solyndra, which saw its offices raided by the FBI within days of its bankruptcy filing in September.

“The subpoenas would be just the tip of the iceberg,” said Laurie Levenson, a former federal prosecutor and now a law professor at Loyola Law School in Los Angeles. “The first things to happen in grand juries are subpoenas to collect every possible document you can.”

Federal authorities aren’t commenting on the probe. Jack Gillund, a spokesman for the U.S. attorney’s office, declined to comment Tuesday when asked about a grand jury.

In an email Tuesday, Mr. Bornstein said, “Solyndra is continuing to cooperate with the United States Attorney’s Office in connection with its investigation.”

Grand jury subpoena

When Solyndra first sought to hire K&L Gates as special counsel, attorneys for the solar company cited the firm’s familiarity with the federal investigation and “many of the potential issues that may arise in the context of that investigation and potential litigation.”

K&L Gates attorneys reported 326 hours of work from Sept. 12 to Nov. 30, with rates ranging from $310 per hour for a paralegal to $640 per hour for Mr. Bornstein, who worked just over 80 hours. Another attorney worked about 50 hours at a rate of $525 per hour.

In recent court papers, the law firm described its work representing Solyndra as being “in connection with the United States Attorney’s Office & Department of Justice investigation of debtors.” The firm said in the filings that it worked with Solyndra on the production and review of documents, as well as responding “to subpoenas and other law enforcement requests.”

The first mention of a grand jury in the billing records came on Oct. 9, when Mr. Bornstein reported nearly an hour’s worth of work that included reviewing “grand jury subpoena.” The next day, another attorney worked on drafting correspondence to “AUSA regarding grand jury subpoena.” Records also refer to “AUSA’s expedited request for materials.”

Customer contracts

The law firm’s billing records shed little light on the nature of the investigation, but it’s clear federal authorities are interested in contracting issues.

In October, Benjamin Schwartz, a vice president and lawyer at Solyndra, testified in a bankruptcy hearing that customer contract matters were “called out” in the FBI search warrant. During the FBI raid, he also said the federal agents had copied the company’s electronic database, and so investigators would have access to any information at Solyndra in an electronic format.

Mr. Schwartz’s testimony came after the U.S. Office of the Trustee, an arm of the Justice Department, accused Solyndra of refusing to discuss the company’s contracts in a bid to have a trustee take over the failed company. A judge denied the request.

Contracts also surface in the K&L billing records.

On Oct. 13, Mr. Bornstein participated in a conference call with “B. Schwartz regarding customer contract,” while another attorney reported participating in a conference “regarding customer contract” that same day, records show.

The attorneys’ hourly bills make apparent reference to the ongoing investigation into Solyndra by the House Committee on Energy and Commerce. K&L Gates attorneys reported reviewing congressional testimony and discussing “congressional issues,” billing records show.

The committee has been investigating Solyndra since early this year. So far, committee hearings have exposed sharp partisan divides on Solyndra. Republicans have pushed to learn whether politics played any role in the award of federal loans to the company or in the failed efforts to keep the company afloat. Democrats have said the loans were given based on the merits.

Either way, elected officials from both parties have questioned whether Solyndra executives misled Congress when assuring key lawmakers that the company’s prospects were good just weeks before going bankrupt.

The company remains a political headache for the Obama administration. Solyndra was awarded more than a half-billion dollars in loan guarantees from the Department of Energy in 2009.

The bankrupt company’s troubles have been magnified by the public backing it won from the top reaches of government, including a tour of the company last year by President Obama and remarks by Vice President Joseph R. Biden and California Gov. Arnold Schwarzenegger at a 2009 ceremony announcing the federal loan guarantees.



To: joefromspringfield who wrote (62061)12/14/2011 3:03:02 PM
From: joseffy2 Recommendations  Respond to of 103300
 
Hell, Eric, why not just go ahead and cast the votes for everyone?
..........................................................................................................................................
AG Holder: Government Has ‘Responsibility’ to Automatically Register Citizens to Vote

By Susan Jones December 14, 2011
cnsnews.com

(CNSNews.com) - "All eligible citizens can and should be automatically registered to vote," and it's the government's "responsibility" to see that it happens, U.S. Attorney General Eric Holder said on Tuesday.

In a call to modernize voter registration, Holder noted that many elections officials still are manually processing new applications, many of them handwritten -- a situation that produces errors and confusion at the polls, he said.

"Fortunately, modern technology provides a straightforward fix for these problems," Holder continued. "It should be the government’s responsibility to automatically register citizens to vote, by compiling -- from databases that already exist -- a list of all eligible residents in each jurisdiction."

The lists would be used "solely to administer elections" and "would protect essential privacy rights," Holder told a gathering at the Lyndon Baines Johnson Library in Austin, Texas.

Holder also called for "permanent, portable" voter registration that would follow voters to a new polling place when they move. "Until that happens, we should implement fail-safe procedures to correct voter-roll errors and omissions, by allowing every voter to cast a regular, non-provisional ballot on Election Day," Holder said.

Holder insisted that making voter registration easier is "not likely, by itself, to make our elections more susceptible to fraud." Voter fraud will not be tolerated by the Justice Department, he said, adding that "in-person voting fraud is uncommon."

Holder urged his audience to "speak out," "raise awareness about what's at stake," and "urge policymakers at every level to reevaluate our election systems – and to reform them in ways that encourage, not limit, participation."

Much of Holder's speech focused on his department's efforts to safeguard the right to vote.

As the 2012 presidential election draws closer -- and with Holder's boss scrambling for a second term as president -- Democrats are once again accusing Republicans of trying to limit the right to vote.

On Dec. 1, Democratic National Committee Chair Rep. Debbie Wasserman Schultz (D-Fla.) announced a "new comprehensive effort" to educate voters about their voting rights. That effort includes a Web site that "details what Republicans are doing in regard to voter suppression."

For example, Wasserman Schultz and other Democrats strenuously oppose laws adopted in more than 30 states requiring voters to present a photo ID at the polling place. Republican supporters of photo ID laws say it prevents voter fraud.

On Tuesday, Holder said his Justice Department is now reviewing photo ID laws passed in Texas and South Carolina to see if they meet the requirements of the Voting Rights Act. The Justice Department also is reviewing early voting procedures in Florida, among other voting changes in that state.

"The reality is that – in jurisdictions across the country – both overt and subtle forms of discrimination remain all too common," Holder said.



To: joefromspringfield who wrote (62061)12/14/2011 6:05:47 PM
From: mazel-tov3 Recommendations  Read Replies (1) | Respond to of 103300
 
I don't remember the Republicans filibustering Sotomayor or Kagen.

Sotomayor and Kagan were replacements for two liberal justices -namely Stevens and Souter. So the balance in the SCOTUS was maintained between conservative and liberal justices. I seriously doubt that the Republicans would have allowed the confirmation of a liberal nominee if he/she were a replacement for Scalia or Thomas.

But to some extent all of this is academic. The odds are that we will not see a replacement for any justice in the next five years - the only one who has had health issues is Ginsberg. If she were to be replaced, the Democrats would filibuster a conservative nominee assuming that the next POTUS was a Republican.

Scalia, Thomas, Roberts or Alito would need to be replaced by a conservative to avoid a filibuster from the Republicans assuming that Obama is re-elected.

The only dicey one is Kennedy - who is currently the swing vote - and IMO, unless the replacement were a moderate, we would likely see the filibuster by either the Republicans or Democrats.

There are other issues that are a much greater concern than the composition of the SCOTUS. For example, amnesty for illegals is a huge concern for me because it has the potential to shift the demographics in favor of the Democrats in some swing states - and this could have an impact that could last for decades. This is quite apart from my fundamental objection to rewarding illegals with amnesty given that they start life in the US by breaking the law when they enter the country unlawfully.