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The Justice Department case on Mr. Trump overturning the 2020 election reaches a crucial point. For 9 months the person in charge of the Justice Department investigation Jack Smith has been collecting testimony on this case from close advisers to president Trump. Smith is close to finishing his fact finding and has to decide with Attorney General Merrick Garland whether an indictment will take place. Another investigation is also taking place in Georgia by district attorney Fanni Willis.  The NYT looks at whether Smith will move ahead before Willis as he needs to do this to move the case ahead quickly as the first primary debates start in August 2023 for the 2024 election. Mr. Trump is a candidate for 2024. 

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David Reilly points out why the Credit Suisse and BNP Paribas legal settlements with the Justice Department do not provide the needed deterrent effect or accountability to protect our financial system.

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Joanathan Kanter is the Assistant Attorney General of the US. He was cleared to work on the Justice Department lawsuit against Google and antitrust matters. Kanter is critical of the way Google operates to act as a monopoly in its ad business.

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This Washington Post look at Merrick Garland, U.S. president Obama's nominee for Supreme Court Justice, reveals a person who is meticulous and methodical in his legal work, less interested in ideological opinion. He is also seen as a person aspiring for higher office and making the right connections since he went to Harvard from Niles West High school in Chicago's North Shore suburbs- from his connections with Congressman Abner Mikva, Supreme Court Justice Brennan, Attorney General Benjamin Civiletti, which he assiduously pursued. Early in his first year at Harvard as an undergraduate Garland switched from a pathway for study of medicine to social sciences because the impact was greater he believed in such work. Here peers and colleagues at Harvard Law School, the Justice Department, give high marks to Garland for his legal work and his ability to take an objective view to obtain consensus. He has obtained consensus by writing the arguments in difficult cases in a way that limit debate, by studying the issues very carefully. Garland is the chief judge of the Washington D.C. Circuit. At the Justice Department he was assistant to Civiletti, and later principal associate attorney general who worked on the Oklahoma Bombings case of 1995. ...

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WSJ looks at what documents were leaked from classified documents of the Department of Defense, and what is the possible impact on the war in Ukraine.Some of the documents show Ukraine rapidly losing aircover defenses as it runs out of antiaircraft missiles. A map dated Feb 28 shows that most of Ukraine's critical infrastructure outside the Kiev region and two areas in the southwestern region would have no aircover by mid April or first week of May because of this depletion of stock of antiaircraft missiles. The FBI and Justice department launched the investigation into the leak of April 7 at the US Defense Department. 

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S&P's faulty ratings on U.S. mortgage securities was a critical factor leading to the financial crisis of 2008-2009, and the deep recession that followed in the U.S. Recovery was only made possible by large government stimulus and central bank intervention with monetary easing on a massive scale. The effects are still evident after millions of people lost their homes in foreclosures and widening income inequality. Yet it took about 7 years before S&P accepted responsibility and settled with the Justice Department. Earlier S&P accused the Justice Department of suing the company in retaliation for a downgrade of U.S. government debt in 2011. In the convoluted upside down nature of such lawsuits and protests by defendents, McGraw Hill said that the settlement "contains no findings of violations of law." Yet the government produced 290 million documents in response to discovery requested by S&P. Associate U.S. Attorney General, Stuart Delery, the top negotiator for the government, says "put simply, the department brought this case because S&P committed fraud." Delery says no case in Justice Department history has produced this many documents. The Justice Department cited several instances of breach of duty in a statement signed by both parties. In 2007 an internal group's downgrade recommendation for a large number of mortgage securities was rejected by upper management because of concern S&P would lose business. In another cited instance S&P alters its ratings model for grading complex risky securities in 2004 with the goal of being able to issue grades for "2-3 notch improvements" and resulting "improving of S&P market share." S&P had about $1.9 billion in cash balances in third quarter 2014, say analysts, and the settlement was designed to set the right course but not hurt S&P in carrying out its role of issuing about 95% of ratings globally along with counterparts Moody's and Fitch. Mississippi Attorney General Jim Hood says S&P's responsibility lies in that banks might be expected to do something shady, but credit ratings agencies were the ones the country looked up to to do the right thing and flag this....

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Estimates of net income JP Morgan has gained from the acquisition of Bear Stearns and Washington Mutual since 2008 are about $16 billion. This acts as a offset against the $13 billion legal settlement with the Justice Department. Eavis and Protess point out that JP Morgan Chase acted in its own interest to buy these to firms at a bargain price in 2008, even as it was working with regulators in this arrangement. For this reason the Justice Department settlement is not seen as unfair to JP Morgan.

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The U.S. Justice Department filed an antitrust lawsuit alleging price collusion by Apple and five publishers of books. The collusion was an effort by Apple and publishers to move to a higher price point of $12.99 or $14.99 from the Amazon set price point of $9.99.

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The BBC cites Mr. Trump's comments on Sean Hannity Show that Attorney General Barr made up his mind "right on the spot" after receiving the Mueller Report before even going into the Report's findings. It says this confirms that Mr. Barr had already made up his mind as stated in an unsolicited June 2018 memo to the Justice Department about presidential immunity from obstruction charges, a reason Mr. Trump chose Barr.

Mr. Mueller did not make a traditional "prosecutorial judgement" because he left it up to Congress as it was not the role of the Justice Department under which Mr. Mueller operated. At issue is also the 34 pages "redacted" by Mr. Barr from the Mueller Report, and Congress will want to see the full Report and all the evidence on obstruction before making up its own mind, says the BBC.

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Mr. Trump's chaotic exit from the White House is at the center of the search for classified documents by the Justice Department, says this report in WSJ.

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The WSJ looks at the Justice Department's search for classified documents at the Trump Mar Lago home. Mr. Trump says " it was all declassified." WSJ says this aspect of the search about the president's powers to declassify have never been litigated and could be prosecutorial overreach.

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The Bureau of Industry and Security in the US is setting new rules for preventing the export of sensitive technology by US companies in the current global threat environment the US and Europe face. The US Justice Department and US agencies have warned companies of the importance of complying with export control rules, by screening customers.

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The negotiations between the Justice Department and S&P that are likely to lead to a settlement with S&P paying a fine of $1 billion for bad ratings on mortgage securities. This would wipe out operating profits of one year for S&P. It comes after S&P initially responded that the civil suit was a punitive action as a result of its downgrade on U.S. Treasury debt.

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Three BP managers are indicted, two on manslughter charges, in the U.S. Justice Department $4.5 billion settlement with BP on the Gulf Oil Spill. Attorney General Eric Holder called their conduct "reckless and wanton," and described this as a clear message to people who engage in this kind of behaviour.

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The U.S. Justice Department opens an investigation of the largest airlines, Delta, American, United Continental, and Southwest for collusion in limiting expansion. The major 4 airlines control 80% of the domestic airline seats in the U.S. The 3 major airlines have grown slowly compared to Southwest in recent years. JetBlue and Spirit are also growing faster. Southwest plans to expand by 7% in the 4th quarter. U.S. airline domestic seats show slow growth since 2010, with growth picking up in 2015 over the prior year to 3.5% in 2015, according to Innovata. For 2013 and 2014 <0.5% growth in seats, in 2012 decline of <1%, 2011 growth of less than 1%, and slight decline in 2010. During the crisis 2008-2009 airlines cut seat capacity. Price increases have averaged 5% increase from 2007 to 2014 to $391, adjusted for inflation for domestic seats. The U.S. Justice Department investigation will look at "possible unlawful coordination."

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The WSJ's Susan Carey's interview with Doug Parker, the CEO of US Airways, on the difficult days before the merger with American Airlines was approved by the U.S. Justice Department. In the days prior to this, Parker says he had a big job to do to convince skeptical managers at both airlines that the deal would go through.

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This letter in the New York Times questions the wisdom of the NYT report that Mr. Rosenstein suggested in 2017 Justice Department meetings the need for invoking the 25th Amendment for the removal of the U.S. president Trump. It says this would lead to departure of Mr. Rosenstein as Deputy Attorney General and leaves the Mueller investigation into Russian interference in U.S. elections without support from the Justice Department. Mr. Rosenstein says today he does not see a need for the invoking of the 25th Amendment

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The lack of prosecutions in cases of financial fraud and other cases of wrongdoing after the financial crisis of 2008 by both the Justice Department and the S.E.C. in the U.S. Both agencies of the U.S. government have preferred an approach that does not name executives as defendents and works with the company or financial institution, in many situations having the firm committing the wrongdoing conduct its own investigation.This has led some to question the deterrent effects of this approach. This is particularly important considering the possibility of recurring behaviour in a future crisis. Cozy relations between financial institutions and government agencies and government departments in the U.S. was a key feature of the system before the financial crisis of 2008.

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The last time the FBI involved itself in elections was with Edgar Hoover in the election between Harry Truman and Dewey for U.S. president in the 1948 election, when Hoover made clandestine efforts. One Georgetown scholar says it may be an unfair comparison for Comey, but it raises questions about his bringing up the email inquiry a week before the election. Other experts say it may be a sort of moral hubris of Comey that led him to this. An expert at New York University School of Law, Mr. Gillers, is cited by NYT. Gillers says the letter to Congress was a second or third mistake to cover up a previous mistake, that Comey should not have made repeated public statements, not the statement criticizing Hillary Clinton about the email practices, not writing a letter to Congress a week before the election. Michael Chertoff, a Republican who led the criminal division of the Justice Department under Bush, says Comey violated longstanding Justice Department rules and practices in July and this week, and provided fodder for all kinds of speculation.  ...

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This is the Washignton Post's view of what is remarkable about the NYT reporter Schmidt's interview with Mr. Trump.

Trump says he hopes Mueller is fair, and will be fair, is going to be fair. Yet that is not what Conservative media is saying. Trump has criticized the Justice Department. Here he says that he the President can do what he wants with the Justice Department, using the words "absolute rights," for the president's powers. This is a misreading of the powers of the Presidency under the Constitution. If the president thinks this hope is not realized of Mueller acting fairly it could lead to a situation in which the president acts beyond the powers of the president, creating a new gap between Congress and the president and overreaching of powers.

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The U.S. Justice Department files a civil lawsuit accusing S&P and parent company McGraw Hill of giving improper ratings to poor mortgage investments which allowed them to inflate in value, creating the conditions for a crash in these investments when the crisis happened in 2008. The penalty sought by the Justice Department and the attorney generals for 16 states is $5 billion to cover losses to investors such as state pension funds and federally insured banks and credit unions. The civil suit comes 5 years after the onset of the financial crisis of 2008, which created the greatest financial crisis since the 1930's. Negotiations for a settlement were conducted by the Justice Department with McGraw Hill for an extended period of time. The talks broke down in January 2013. In these negotiations the Justice Department sought a penalty of over $1 billion and S&P's acceptance of wrongdoing. S&P countered with a proposed settlement of $100 million. The government pushed for admission of guilt on at least one count of fraud. It is not known why the Justice Department filed this lawsuit 5 years after the crisis when the public's memory of the ratings issue is beginning to fade. Is it because the preparation of the case required this much time, the action not taken because it would be seen as punitive in 2011 when S&P downgraded the U.S. sovereign credit rating, the fragility of the economy in 2011, because of the approaching election in 2012, or some other reason. One of the reasons why it was important to take corrective action early was to preserve the integrity and credibility of financial markets, so critical for public confidence. An additional reason was to secure from credit ratings companies the internal reforms and change in leadership and culture that would prevent recurrence and damage to the economy. An example of this change is the change in leadership and culture underway at Barclays bank in Britain after the investigation into the manipulation of the London Interbank Offered Rate or LIBOR. The Justice Department action in this respect is an advance from the policy at the S.E.C., which has not insisted that companies involved in the crisis admit wrongdoing, setting up the process for changes in leadership and culture such as the one at Barclays....

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New information in the case of Gen. Flynn that shows the Obama administration and president Obama in a different light is covered in this report in the Times. The Justice Department recently dropped the charges against Gen. Flynn. The appearance of collusion between president Trump and Russia is now being reexamined.

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Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

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Uncertainty about the future of National Security Advisor, Michael Flynn. Flynn talked with the Russian ambassador before the election and details of the conversation showed he discussed sanctions, which he had not disclosed to Vice President Pence. Pence was critical of Flynn and the Justice Department is looking into Flynn's conversation and phone calls. 

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Legal experts say the complaint does not match the settlement by the Justice Department in the merger of American and US Airways. Whether the settlement increases competition after the merger and protects consumers also hinges on what the competition is- Delta and United, or Southwest, Jet Blue and other lowcost carriers. One view is that Southwest appeals to a different group of customers and is a different type of airline, and providing more competition from low cost carriers in New York and Washington DC does not affect the competition between the larger airlines.