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By Sivad
#15013555
A massive archive of previously undisclosed materials reveals systematic wrongdoing among powerful officials

Background


Secret Files Show How Brazil’s Elites Jailed Former President Lula and Cleared the Way for Bolsonaro




Hidden Plot
Exclusive: Brazil’s Top Prosecutors Who Indicted Lula Schemed in Secret Messages to Prevent His Party From Winning 2018 Election

AN ENORMOUS TROVE of secret documents reveals that Brazil’s most powerful prosecutors, who have spent years insisting they are apolitical, instead plotted to prevent the Workers’ Party, or PT, from winning the 2018 presidential election by blocking or weakening a pre-election interview with former President Luiz Inácio Lula da Silva with the explicit purpose of affecting the outcome of the election.

The massive archive, provided exclusively to The Intercept, shows multiple examples of politicized abuse of prosecutorial powers by those who led the country’s sweeping Operation Car Wash corruption probe since 2014. It also reveals a long-denied political and ideological agenda. One glaring example occurred 10 days before the first round of presidential voting last year, when a Supreme Court justice granted a petition from the country’s largest newspaper, Folha de São Paulo, to interview Lula, who was in prison on corruption charges brought by the Car Wash task force.

Immediately upon learning of that decision on September 28, 2018, the team of prosecutors who handled Lula’s corruption case — who spent years vehemently denying that they were driven by political motives of any kind — began discussing in a private Telegram chat group how to block, subvert, or undermine the Supreme Court decision. This was based on their expressed fear that the decision would help the PT — Lula’s party — win the election. Based on their stated desire to prevent the PT’s return to power, they spent hours debating strategies to prevent or dilute the political impact of Lula’s interview.

The Car Wash prosecutors explicitly said that their motive in stopping Lula’s interview was to prevent the PT from winning. One of the prosecutors, Laura Tessler, exclaimed upon learning of the decision, “What a joke!” and then explained the urgency of preventing or undermining the decision. “A press conference before the second round of voting could help elect Haddad,” she wrote in the chat group, referring to the PT’s candidate Fernando Haddad. The chief of the prosecutor task force, Deltan Dallagnol, conducted a separate conversation with a longtime confidant, also a prosecutor, and they agreed that they would “pray” together that the events of that day would not usher in the PT’s return to power.

Many in Brazil have long accused the Car Wash prosecutors, as well as the judge who adjudicated the corruption cases, Sérgio Moro (now the country’s justice minister under President Jair Bolsonaro), of being driven by ideological and political motives. Moro and the Car Wash team have repeatedly denied these accusations, insisting that their only consideration was to expose and punish political corruption irrespective of party or political faction.

But this new archive of documents — some of which are being published today in other articles by The Intercept and The Intercept Brasil — casts considerable doubt on the denials of the prosecutors. Indeed, many of these documents show improper and unethical plotting between Dallagnol and Moro on how to best structure the corruption case against Lula — although Moro was legally required to judge the case as a neutral arbiter. Other documents include private admissions among the prosecutors that the evidence proving Lula’s guilt was lacking. Overall, the documents depict a task force of prosecutors seemingly intent on exploiting its legal powers for blatantly political ends, led by its goal of preventing a return to power of the Workers’ Party generally, and Lula specifically.

https://theintercept.com/2019/06/09/bra ... arty-lula/


Glenn Greenwald Interviews Brazil's ex-President Lula From Prison
By Sivad
#15013561
BREACH OF ETHICS
Exclusive: Leaked Chats Between Brazilian Judge and Prosecutor Who Imprisoned Lula Reveal Prohibited Collaboration and Doubts Over Evidence

Judge Sergio Moro repeatedly counseled prosecutor Deltan Dallagnol via Telegram during more than two years of Operation Car Wash.

A LARGE TROVE of documents furnished exclusively to The Intercept Brasil reveals serious ethical violations and legally prohibited collaboration between the judge and prosecutors who last year convicted and imprisoned former Brazilian President Luiz Inácio Lula da Silva on corruption charges — a conviction that resulted in Lula being barred from the 2018 presidential election. These materials also contain evidence that the prosecution had serious doubts about whether there was sufficient evidence to establish Lula’s guilt.

In the files, conversations between lead prosecutor Deltan Dallagnol and then-presiding Judge Sergio Moro reveal that Moro offered strategic advice to prosecutors and passed on tips for new avenues of investigation. With these actions, Moro grossly overstepped the ethical lines that define the role of a judge. In Brazil, as in the United States, judges are required to be impartial and neutral, and are barred from secretly collaborating with one side in a case.

Other chats in the archive raise fundamental questions about the quality of the charges that ultimately sent Lula to prison. He was accused of having received a beachfront triplex apartment from a contractor as a kickback for facilitating multimillion-dollar contracts with the state-controlled oil firm Petrobras. In group chats among members of the prosecutorial team just days before filing the indictment, Dallagnol expressed his increasing doubts over two key elements of the prosecution’s case: whether the triplex was in fact Lula’s and whether it had anything to do with Petrobras.

These two questions were critical to their ability to prosecute Lula. Without the Petrobras link, the task force running the Car Wash investigation would have no legal basis for prosecuting this case, as it would fall outside of their jurisdiction. Even more seriously, without proving that the triplex belonged to Lula, the case itself would fall apart, since Lula’s alleged receipt of the triplex was the key ingredient to prove he acted corruptly.

https://theintercept.com/2019/06/09/bra ... rgio-moro/


“THEIR LITTLE SHOW”
Exclusive: Brazilian Judge in Car Wash Corruption Case Mocked Lula’s Defense and Secretly Directed Prosecutors’ Media Strategy During Trial

Operation Car Wash prosecutors followed Judge Sergio Moro’s advice in order to “bring comfort to the judge and take the lead to protect him.”

BRAZIL’S JUSTICE MINISTER Sergio Moro, while serving as a judge in a corruption case that upended Brazilian politics, took to private chats to mock the defense of former Brazilian President Luiz Inácio Lula da Silva and direct prosecutors’ media strategy, according to newly unearthed chats from an archive obtained by The Intercept Brasil.

The new revelations, which were published in Portuguese by The Intercept Brasil on Friday, have added fuel to a weeklong political firestorm in Brazil. The country’s largest circulation newspaper, Folha de São Paulo, said the reporting suggests that officials “ignored the limits of the law,” while UOL, a news website, said jurists view the revelations as “grave.” The site quoted the head of a national criminal law association saying, “This is unthinkable in any democracy. It’s scary.”

In the newly revealed chats with a senior prosecutor — a member of the team working on the Operation Car Wash corruption case — Moro said, “Maybe, tomorrow, you should prepare a press release” to point out inconsistencies in Lula’s arguments, adding, “The defense already put on their little show.”
https://theintercept.com/2019/06/17/bra ... -car-wash/
By Sivad
#15013795
The US DOJ worked hand in glove with Sergio Moro and the prosecution:

US DOJ and Operation Car Wash: Facts and Questions

by Brian Mier

It is no secret that American corporations have immensely benefited from Operation Car Wash, the international corruption investigation that was initiated in partnership between the US Department of Justice, the SEC, the local Public Prosecutors Office in Curitiba, Paraná, and the Brazilian Federal Police. American petroleum corporations such as ExxonMobil and Chevron are benefiting for the Michel Temer government’s systematic dismantling and privatization, at below market rates, of Petrobras and its massive offshore oil reserves, and with MP 795, a law which will give $300 billion in tax abatement to foreign companies extracting Brazilian petroleum. Boeing is now on the verge of acquiring EMBRAER, also a target of Operation Car Wash and the world’s third largest manufacturer of jets, for the below-market rate of $3.8 billion. Operation Car Wash was also used to commit character assassination against President Dilma Rousseff, who was publicly associated with the scandal in the Brazilian and international media for years, paving the way for the 2016 coup which put Michel Temer in office, before news came out that its investigators weren’t going to charge her with anything.

It is also no secret that the US Government has been working to roll back the so called “pink tide” of center left and left governments in Latin America which flourished in the oughties. As Mark Weisbrot points out in a recent interview, Hilary Clinton admits to supporting the coup government in Honduras in 2009, in her own autobiography. Operation Car Wash has transformed into a multi-country operation and has now resulted in corruption charges – many of them as frivolous as those against Luiz Inacio Lula da Silva – against 8 current or former Latin American leaders.

The US government was involved in at least 41 coups in Latin America during the 100 year period ending in 1994. In the case of many of them, for example the 1964 Coup in Brazil, it took decades for all of the information to come out. After careful analysis conducted over the past 3 years at Brasil Wire we already know enough, however, to show that there is a relationship between the US Department of Justice and Brazilian regime change through Operation Car Wash. We are confident that, as time passes, more and more information will come out on how the US contributed to an illegitimate regime which has already thrown millions below the extreme poverty line of USD $1.90/day, caused increases in infant mortality and deaths during childbirth, and transformed Brazil into a union busting, right to work country.

The following time-line is meant to further public understanding on the relationship between the US Department of Justice, the 2016 Coup and the political imprisonment of Luiz Inacio Lula da Silva which, as Glen Greenwald points out, was obviously done to prevent him from running for the presidency this year, in a situation in which he is still the front runner despite being held in solitary confinement and illegally prevented from giving interviews for the past four months. This time-line represents a mixture of factual information with questions and informed speculation that is based on years of research. For the sake of clarity, the speculation and questions are in italics.

2008 – US Senator Ted Stevens loses his reelection bid after being accused of receiving illegal reforms on a vacation home. Later, after a special prosecutor is assigned to investigate prosecutorial misconduct, the charges are reversed and two DOJ officials are accused of criminal negligence. Problems with the prosecution include: relying almost entirely on plea bargain testimony from a single, unreliable witness; exaggerating about the value of the reforms; leaking misinformation to the media; and violating Brady rules (destroying, hiding or refusing to admit evidence beneficial to the defense).

Could this case have been used by the DOJ as a blueprint for the remarkably similar, frivolous investigation against Lula?

October 4-9 2009 – According to a leaked State Department cable, The US Department of Justice holds a training event with Brazilian public prosecutors in Rio de Janeiro, called “Project Bridges”. The focus of the seminar is to develop joint strategies to combat financial crimes. Judge Sergio Moro is a keynote speaker. During the event, US and Brazilian law enforcement officials discuss the possibility of initiating a joint corruption investigation, possibly headquartered in Curitiba.

All the actors are here. Could this have marked the real beginning of Operation Car Wash?

August 2, 2013 – In an act designed to strengthen the fight against corruption in Brazil, President Dilma Rousseff sanctions Law 12.850, which, for the first time in Brazilian history, enables plea bargain testimonies to be used as evidence in criminal proceedings. For the first time ever, Brazilian public prosecutors begin working with plea bargain testimonies.

Before this date, Brazilian public prosecutors had no experience building cases based on plea bargains. Due to the tactical similarities with DOJ investigations in the US – for example arresting executives and threatening them with disproportionately long prison sentences until they agree to testify against their target – one is prompted to ask whether the DOJ provided Operation Car Wash prosecutors with training on how to work with plea bargains.

September 9 2013 – Edward Snowden reveals that the US NSA has been spying on Petrobras Petroleum company.

Did the NSA share this illegally obtained information with the Operation Car Wash investigators in the US Department of Justice?

March 17, 2014 – The Brazilian Public Prosecutors Office announces a new anti-corruption investigation called “Operation Car Wash”. It is a joint operation between the US Department of Justice, FBI, SEC, a local Brazilian public prosecutors office in Curitiba and the Brazilian Federal Police. Using the Foreign Corrupt Powers Act as justification, the US DOJ-led team announces that it is targeting Petrobras petroleum company and several of Brazil’s largest companies, such as Odebrecht and Embraer. The team begins a series of leaks to the media seeking to associate Dilma Rousseff’s name with corruption in Petrobras. During the next four years, top DOJ officials make repeated visits to Curitiba.

2015 – Operation Car Wash prosecutor Sergio Moro does not merely arrest construction industry directors responsible for bribing politicians and order the companies to pay fines. In an unusual move, instead of treating them as too big to fail, he forces the nation’s 5 biggest construction companies to paralyze their projects, causing 500,000 direct job losses. Economists cited by the BBC estimate that Operation Car Wash causes a 2.5 percent drop in Brazil’s GDP in 2015, and the country is still reeling from the effects of the operation, with some economists estimating that the investigation tripled the dimensions of the Brazilian recession. As the economy nosedives, moves are made to impeach Dilma Rousseff.

Was the Brazilian economy deliberately destabilized, as the Chilean economy was in 1973, in order to deliberately pave the way for a coup?

2016 – After two years of leaks to the media implicating Dilma Rousseff with Petrobras corruption, Operation Car Wash fails to provide any proof. The damage to her image is already done, though, and she is impeached for the non-impeachable offense of “fiscal pedaling”, legalized by the Senate one week after her removal from office, in a process in which it is subsequently revealed that congressmen were bribed for their votes. The new coup government immediately begins selling off Brazil’s offshore petroleum reserves at below market rate to US petroleum companies like Exxon and Chevron and announces $300 billion in tax abatement for foreign oil companies working in Brazil.

Did US media organizations such as the New York Times deliberately work to assassinate Rousseff’s character during the lead up to the coup?

July 2017 – Flanked by Patrick Stokes and Brazilian General Prosecutor Rodrigo Janot (who is now working with US officials in Colombia), US Acting Assistant States Attorney Kenneth Blanco gives a speech about Operation Car Wash at the Atlantic Council. In it, he brags about the charges they have made against former President Luiz Inacio Lula da Silva, saying that it puts Brazil and the US at the “forefront” of the world’s fight against corruption. During the speech he says that the investigation was made more agile by continual “direct communications” with the Brazilian Car Wash prosecution team, avoiding the bureaucratic slowdowns caused by official protocol. In Brazil it is a crime for government officials to communicate informally with foreign government officials without following protocol. As a result of this speech, Lula’s defense team files a motion for dismissal which is currently slowly moving through the court system.

What did the DOJ and Sergio Moro’s team talk about during all of these illegal communications?

April 2018 – During an election year in which he is leading all the polls for the presidency, Lula is arrested on corruption charges that he committed “indeterminate acts”, with no material evidence presented. Like Ted Stevens in 2008, the case is entirely built on a plea bargain testimony by a convicted criminal who changed his story several times in order to get sentence reduction. Like the Stevens case, Lula’s defense team accuses the prosecution of preventing them from presenting evidence beneficial to the defense. Like the Stevens case, the prosecution has leaked incorrect and misleading evidence to the media, including lying about the value of the apartment and the reforms.

Did the US Government help build a frivolous case against Lula so that he could be prevented from retaking the presidency and undoing the privatizations that are directly benefiting US industries? As in cases in Iran, Iraq, Syria, Libya and Venezuela, was petroleum the motive for US support for regime change in Brazil?
http://www.brasilwire.com/us-doj-and-op ... questions/


Sergio Moro: imperialist pawn of the DOJ

This distorted and politically motivated Operation Car Wash was not created and conducted by Moro or Dalton Dallagnol.

It was created and guided by the US Department of Justice. This is notorious and public information.

The influence of the USA on the Brazilian prosecutors office is shown in various US diplomatic communications that were leaked to Wikileaks and widely disseminated in other news articles. These communications show how Car Wash was basically created by the DOJ and conducted by it according to its own methodology.

The fact is that the USA uses its own laws from its own legal system to impose its interests on the world.

One example is the Foreign Corrupt Practices Act (FCPA), a US law that seeks to to prevent companies from making payments to government officials in exchange for advantages, which has a clear extraterritorial character.

According to the the US, Department of Justice (DOJ) corruption investigations can take place in any country if an investigated company has any kind of connection, no matter how small, to the USA. In this way, any company that trades shares on the US stock exchange or holds any bank account in the US can be investigated.

In the US government’s vision, this law (as well as others) has given it a kind of international jurisdiction to investigate corruption cases anywhere in the world. Since it is hard for a international company to not have any interests in the US, this submits all companies of any kind of relevance to the legal and political whims of the US legal system.

In this manner, this apparently neutral corruption fighting on the international scale can be easily distorted to only benefit specific geopolitical or geoeconomic interests.

In his recent book, The American Trap, Frederic Pierucci, a former executive from the French company Alstom, accuses the US of using its laws and its system of international legal cooperation as an “economic weapon” to eliminate competitors of North American corporations. In other words there is a kind of “legal imperialism” which decisively contributes to strengthen US political and economic interests around the world.

Pierucci was arrested by the FBI in New York, based on the FCPA law, on the allegations that he had participated in the payment of a bribe in Indonesia. Regardless of whether the allegation was true, its absurdity raises eyebrows: a business executive from a French corporation, who had committed a supposed crime in Indonesia, was arrested by the US, in US territory, based on a US law.

The concrete fact is that this pressure from the US DOJ on Alstom resulted in the acquisition of a large part of the company by the US corporation General Electric, which had had its eye on the French company for a long time. Coincidence?

The same thing is happening now with the Chinese company Huawei, which the US wants to destroy. The DOJ pressured the Canadian government to arrest its CEO Meng Wanzou in Vancouver, on the allegation that she violated US economic sanctions against Iran. Coincidence?

Another concrete fact is that Moro and Dallagnol’s operation contributed to destroy Brazil’s petroleum and natural gas productive chain, led to the sale (at below market rates) of the pre-salt petroleum reserves, undermined our competitive civil construction industry and compromised strategic national defense projects such as the construction of nuclear submarines. According to a study made by the GO Associados consulting firm, Operation Car Wash cased a 2.5% drop in GDP in 2015 alone, causing job losses for hundreds of thousands of Brazilians. Coincidence?

I doubt it.

Objectively speaking, Operation Car Wash benefited US geoeconomic and geopolitical interests in Brazil and throughout the entire region. The geopolitical goals that were severely damaged were those of the Brazilian people.

The persecution of Lula and the PT was only a means to achieve greater goals. Moro and Dallagnol were pawns in a game of world power which either they were unaware of or that they served on purpose, which would be much worse. I would prefer not to believe in this second hypothesis.

And there are also things which we don’t know yet. For example, why was Embraer so quick to allow itself to be purchased by Boeing? Was it for strictly financial reasons or did the DOJ, in some manner, “influence” the sale? It is important to remember that the DOJ had accused EMBRAER of paying bribes during airplane sales in the Dominican Republic and India. Coincidence? Maybe not.

In a sovereign nation, all of this would be seriously investigated and any guilty parties would be punished.

In Bolsonaro’s Brazil, in a country that is now acting in total submission to the USA in which Moro and Dallagnol are treated as heroes, it will be hard for this to happen.

In this sad country, which has now been practically transformed into a colony, the DOJ’s “legal imperialism” has dug deep roots into our legal system.

It is likely that an investigation into this subject, if it happens, will be restricted to the personal participation of Moro and Dallagnol and could actually benefit from Bolsonaro, who apparently wants to get rid of Moro. A damage control operation to save the Executive and Judiciary is already underway.

If it happens in this manner it will barely scratch the surface of the problem.

Moro, Dallagnol and even Bolsonaro are nothing but pawns. Their crimes are only instrumental for the great crime which has destroyed democracy, sovereignty and the economy of our nation.

Lula has repeatedly warned that the key issue is sovereignty.

Do I have to draw a picture for you?
http://www.brasilwire.com/sergio-moro-i ... the-doj/is

In that interview with Lula Greenwald mentions that the US provided funding for the operation to the tune of $60 million but I can't source that. I don't doubt Greenwald but I'd like to have the details.
#15014994
"The CIA" (the term) should just be replaced with "US Foreign and Domestic Intelligence Services" to really get all government agencies included. The Hydra has many heads...

And then we would have to count all the "private contractors" on Boeing's and other major US corporations payroll and we've a real stew cooking. Now all that is missing is for the US Armed Forces (along with other "private contractors") being sent to Brazil to support the new political regime in case an uprising is on the horizon.

Great posting, Sivad. Been following The Intercept on this one as well and the mind boggles. "Independent Judiciary"... What a f-king farce of a joke!
By Sivad
#15014998
Intelligent discussion of US interference in Latin America is hard to come by. The commie kids blame everything on the US, the wingnuts blame everything on "socialism", and liberals just believe whatever NYT and WaPo tell them to believe. Like with every other issue, the conversation is permanently stuck on stupid.
User avatar
By Rugoz
#15015072
Frankly it's not surprising they didn't want lula back in charge, because during his reign the massive corruption uncovered in operation car wash took place. Let's not pretend lula wasn't aware of it. So a bunch overzealous prosecutors and a judge hastened the case to prevent his presidency. Bad enough. However, the appeals court as well as the superior court upheld the conviction, the latter reducing the sentence.
By Sivad
#15016106
Bankrupting This Oil Company Was Really Bad

Michael and Brian Mier talk about the beginning of Lava Jato under the Dilma Rousseff presidency and the success of the Lula/Dilma formula.
By Sivad
#15016107
The New Imperialism: Brian Mier speaks to This is Hell

On April 27, Brasil Wire co-editor Brian Mier was interviewed by Chuck Mertz of Chicago Radio Show This is Hell, about new book ‘Year of Lead: Washington, Wall Street and the New Imperialism in Brazil‘, which deals with the events, processes, and foreign interference which have brought the Latin American nation to its grave moment.

Chuck Mertz: Both major US Political Parties supported a coup in Brazil which brought a Neofascist to power. And after years of western media characterising the fascists as corruption fighters we are now seeing what they’re actually all about. Here to help understand what is happening in Brazil now and how and why we got to where we are, editor and correspondent Brian Mier, who edited and contributed to a new collection ‘Year of Lead: Washington, Wall Street and the New Imperialism in Brazil’ which is the second volume in his series “Dispatches from a coup in progress”.

Brian, So you’ve reported to us on the coup in Brazil for years in realtime as it happened, in your book you offer a timeline of how the coup took place and questions which it leads you to ask. Why were Brazil’s successive presidents Luiz Inacio Lula da Silva and then Dilma Rousseff the target of a coup. What did they represent, what were they doing that so threatened their opposition, and apparently the U.S. that they needed to be targeted by a coup.

Brian Mier: Well it is interesting because they weren’t really radical anticapitalists or anything, and for a while, I know from the work I was doing at the time – I actually had someone from the World Bank tell me, in 2006, that they were supportive of the Lula administration and the Kirchner administration in Argentina because they represented a positive alternative to Hugo Chavez in Venezuela, because they were implementing Social Democracies that were still pretty capitalist friendly, they maintained some neoliberal policies while trying to do redistribution, to eliminate poverty and generate jobs at home and things like that, so they weren’t super radical. But what I think happened is that starting in 2006 when Brazil discovered some of the world’s largest offshore oil deposits, in the pre-salt area offshore of Santos and Rio de Janeiro state, the following year the U.S. reinitiated its southern command, its southern fleet, the navy, and I think that the amount of oil that suddenly popped up in Brazil piqued the interest of the U.S., and the fact that Brazil refused to privatise this oil really annoyed the U.S., because you see what the government does to countries that won’t privatise their oil like Iraq, Libya etc. It’s usually enough reason alone for the U.S. to get interested in overthrowing a regime. But there’s all kinds of other factors as well, like when Hugo Chavez died the U.S. didn’t need this kind of positive example of center-left governments, that were for example opening up 50% of free university slots to Afro-Brazilian and poor youth, and doing a lot of things to subsidise family farmers – they didn’t need that anymore in Latin America so there’s an element of hegemony as well. It seems like with the current rollback of the pink tide which is happening all over Latin America the U.S. is really interested in just destroying any government that is left of center, any government that doesn’t do what capital wants, what imperialist capital wants in the region. So I think really it is a combination of a lot of factors, we know from Edward Snowden about all of the NSA spying, Brazil was the second most spied country in the world by the NSA during the Lula and Dilma presidencies – after the United States itself, it was spying on itself most, and Brazil was second. And so there’s all kind of issues at play, but those are the two that i think are most important.

Chuck Mertz: You write that: it is no secret that the U.S. government has been working to roll back the so called pink tide of center-left and left governments which flourished in the 2000s – as past guest on our show Mark Weisbrot from CEPR points out in a recent interview, Hillary Clinton admitted to supporting the coup government in Honduras in 2009, in her own autobiography. Brian, to you what explains why the U.S., its media, its citizenry, the voting public, seemingly doesn’t know or doesn’t care or doesn’t care to know about the U.S. impact on Latin America, why for instance wasn’t support for the Honduran coup an issue for Hillary in 2016, why don’t we seemingly care about the coup in Brazil or the impact of sanctions on Venezuela.

Brian Mier: Well I just think – and I bet that this is going to come as a shock to you Chuck because I’ve never criticised the hegemonic American media on your program before (laughs) – but I think that you have to view the media as a partner of the United States State Department in Latin America, as it has been for years, as it was during the dictatorships of the 1960s and 1970s in Latin America, and probably long before that, probably back to the Spanish War of 1898 or whatever, I mean if you want to really analyse the United States you look at the extended or the expanded state, it isn’t just the government, it is the corporations, the media corporations, the political parties, sectors of the higher education system, all working together to advance the economic interests of the United States in the region. So I think a lot of Americans who would be upset to know how the U.S. is intervening in Latin America, how it is meddling in foreign elections and also causing regime change and things like that, I think a lot of Americans would be interested to know about that, and would be against it if they knew it was happening, but they’re being misled deliberately by the U.S. media, so it is hard for me to even talk to people in the United States a lot of times, you meet someone who is super well educated and a nice and all that but they’ve been so brainwashed, that you mention that you think Maduro is a pretty good President and they just go through the roof (laughs) – its like cold war style stuff.

Chuck Mertz: You write that the corruption investigation Operation Carwash which led to the coup has been transformed into a multi-country operation that has resulted in corruption charges against 8 current or former Latin American leaders, the U.S. government was involved in at least 41 coups in the 100 year period ending in 1994 and in the case of many of them, such as the 1964 coup in Brazil, the information about U.S. involvement took decades to come out. After careful analysis conducted over the past 3 years at Brasil Wire, we already know enough however that there is a relationship between the U.S. Department of Justice and Brazilian “regime change”, through Operation Carwash. So in the past, the U.S. could argue that “we simply didn’t know what our big bad government was up to”, this time we know but it’s not being reported. Does that make the U.S. public any more complicit in the coups you see taking place today in Latin America that coups predating 1994? Are we any more complicit today because at least Brasil Wire and Telesur English has been reporting on what is happening in Brazil?

Brian Mier: Well I think it comes down to this. It’s a very complex question, but if you believe in international law, international human rights law, and you believe in the rule of law in the United States, then you know that ignorance is no excuse. So if your tax money is going to finance regime change operations in other countries that are resulting in deaths, then you are kind of complicit in that, I hate to say it. But I don’t think its really reasonable to expect Americans to know what is going on in Latin America right now by the level of misinformation that everyone is being bombarded with, in the media, on social media, it has got really sophisticated – social media has created a whole new dimension to this. And you don’t even really need censorship anymore, because you have algorithm tweaking, to bury anyone on social media who is talking about what is really going on in Latin America.

I saw a report today in Spain for example, that the far right is doing exactly the same thing with the WhatsApp social media app that it did in Brazil last year. Last October, they’ve suddenly started bombarding millions of people in Spain, with hate speech messages on WhatsApp, in the exact same manner they did in Brazil, WhatsApp is supposed to be encrypted so you can’t police it, and how can the average person protect themselves against this kind of stuff, it’s a whole new way that people are being manipulated, you don’t need censorship anymore, if you can just lie about things and perform character assassination and slander over this massively popular social media app.

Chuck Mertz: And that’s not the only way in which this coup was reinforced. The way that it started, you write how the U.S. Department of Justice indicted Republican Senator Ted Stevens who was then the senior ranking member of the U.S. Senate and at the time of his leaving office was the longest-serving Senator in U.S. history, he was Republican from Alaska, Stevens was indicted only 100 days before his attempted re-election, was found guilty only 8 days prior to the vote, and ended up losing by only 2% but all charges were dropped immediately following his electoral loss. You write: after a special prosecutor is assigned to investigate prosecutorial misconduct the charges are reversed and two different U.S. Department of Justice officials are accused of criminal negligence. Problems with the prosecution include relying almost entirely on plea-bargain testimony from a single, unreliable witness, exaggerating the value of the repairs that were going to be done to an apartment or a home, leaking misinformation to the media, and violating Brady rules, destroying, hiding or refusing to permit evidence beneficial to the defence. Then you ask: could this case have been used by the DOJ as a blueprint for the remarkably similar, frivolous investigation against Lula. Now, Stevens was the Senator who famously called the internet a series of “tubes”, while he was sitting in on the commerce committee during net neutrality hearings, while confusing the internet with email, he was also a supporter of the infamous “bridge to nowhere” – an expensive and unnecessary infrastructure project in Alaska, and Stevens was very pro-logging. But while Stevens was originally in denial about climate change, he became a supporter of the fight against climate change, and he was also pro-choice despite being Republican. So, do you have any sense of why the Department of Justice under the George W. Bush administration, would test lawfare out on a Republican Senator, Ted Stevens, do you think the Republican party was trying to get rid of one of their own? Why would they want to do that?

Brian Mier: Well Chuck, from what I know about it, I think that the operatives in the DOJ, a lot of whom were based out of the southern region of New York, are connected to the corporate Democrats, and in this case, from what we see. I can’t really speculate on the Ted Stevens case, I’m not an expert on it, and obviously he’s not someone who is politically or ideologically aligned with Lula. What I find interesting, though, is just that the tactics were almost identical. And some of the same people were involved in that case that were involved in Operation Carwash/Lava Jato, and so tactically it is interesting, just as I noticed during the Robert Mueller investigation, which had some of the people who were working on Operation Lava Jato/Carwash, like Andrew Weissman on it – they were using similar tactics. Not that this means that Trump isn’t a giant heap of human garbage, scumbag, con-artist but the tactics they were using against him were similar – for example leaks to the media, with information that would later turn out to be not very accurate, so the media gets whipped up into this whole frenzy, like it did with Russiagate. And when the information actually comes out there wasn’t that much there. This is exactly what they did to Lula and it is what happened with other Latin American leaders, who were tied up in the same Operation Carwash, like Michelle Bachelet in Chile, even Alan Garcia who killed himself last week, was suffering from these kind of constant media leaks which override innocence until declared guilty if you’re being accused of being guilty for two years while the investigation is ongoing, in the media. So, I mention Ted Stevens in the book just because of the tactics, I don’t think its something that’s necessarily…i’m not a mind reader, I don’t know what’s going on inside the deep state or the U.S. DOJ or the FBI or anything like that, but I notice that there’s tactical similarity in a lot of what they’re doing, and it’s not very democratic, much much less so in Latin America than in the U.S. where at least technically it’s the U.S. government, it is officials whose salaries who are paid by U.S. taxpayers who are investigating their own people. It’s really bizarre when you see this happening in foreign countries, it is an example of new imperialism, according to the way that the Department of Justice reinterpreted the Foreign Corrupt Practices Act, starting around the time of the Enron case in 2002/2003 the U.S. FBI and DOJ now have the right to go into foreign countries and arrest people or collaborate with local judiciaries and prosecutors to have people arrested. And this stuff is happening all over the world now, you know, I was in South Africa a couple of weeks ago, on a speaking tour, and I know that there’s a lot of criticism of Jacob Zuma but I also learned that Students for Liberty, the Koch Brothers-funded Libertarian think-tank which was heavily involved in the protests against Lula and Dilma in Brazil – they fly “young leaders” to the U.S. and train them on how to hold protests, how to use social media to organise corruption protests they started operating in South Africa, like a year before Zuma was thrown out on corruption charges, and he was basically thrown out because of illegal reforms that took place on some vacation property of his, so it was kind of similar to Ted Stevens, and Lula. Just like with Ted Stevens, I’m not saying he was some kind of paradigm of good governance or anything like that but there were some things he was doing – he was considered to be farther left that some other people in the ANC. So I just think that, as I mention in the title of the book, this is a kind of new imperialism: anti-corruption investigations have been weaponised by the U.S. and it’s like the new excuse to take down foreign leaders, and maybe in some cases the leaders deserve to be taken down and in other cases they don’t but the U.S. shouldn’t really have the right to do it themselves – it’s an issue related to self-determination and sovereignty. If there’s a problem with a leader who is corrupt then the people of that country should take them out, the U.S. shouldn’t become the world’s corruption policemen, because all you have to do is scratch the surface of Pentagon spending, the Iraq war, and all of this, and you easily discover that in dollar terms the U.S. is the most corrupt country in the world. So what does it care about corruption? It’s targeting foreign companies, foreign leaders to benefit U.S. corporations mostly, that’s what it looks like. Because the American corporations benefitted tremendously from the ouster of Dilma Rousseff and the arrival of Jair Bolsonaro. Microsoft, Boeing….all the oil companies like Chevron and Exxon….are making a fortune off of this.

Chuck Mertz: I want to get back to something you mentioned, the Foreign Corrupt Practices Act. Now that’s defined as a U.S. law prohibiting U.S. firms from paying bribes to foreign officials in furtherance of a business deal. How does a law meant to stop U.S. officials from bribing other nations, I mean that sounds like a good way to stop corruption committed by the U.S. – how does that lead to Operation Carwash, were U.S. companies at the heart of the corruption, were they the ones causing the corruption, was the United States trying to investigate and stop U.S. companies from corrupting Brazil?

Brian Mier: There were a series of amendments – it was originally a good law made with the best intentions after the Watergate scandal – so that now it refers to any bribe that takes place anywhere in the world, that happens in dollars, or any corrupt activity in which some kind of financial transaction takes place within the United States. And so because of the multinational nature of capital flow these days, and because the dollar is the standard currency, it pretty much opens up anywhere, any country that signs this kind of partnership with the U.S. which is most countries, because when it was pushed through it looked really innocuous, you know they tried to use Operation Carwash to take down Nicolas Maduro in Venezuela, and Venezuela just basically said “screw you guys”, we’re not a party to this agreement, the FCPA. But you look at Alan Garcia’s suicide last week – he was under investigation from a joint U.S. anti-corruption operation – Carwash. So it is being used to kind of cherry pick leaders who for whatever reason the U.S. doesn’t like, I don’t know what the deal was with Garcia, i’m not an expert on Peru, I know he wasn’t a very admirable leader, and not comparable with Lula or Michelle Bachelet, or Cristina Kirchner. Kirchner, who is now leading all polls for the Presidency in Argentina, also at risk of being arrested before the elections begin, just like they did with Lula. You see, it is really crazy, it is the new imperialism, it’s not just governments anymore, its corporations and governments, its not just the CIA, its corporate intelligence companies, outsourced intelligence companies, the whole conjuncture has changed, but the results are the same – the U.S. corporations continue to work with the U.S. government to enact regime change to benefit their own financial interests, as they have been doing since the late 1800’s at least in Latin America.

Chuck Mertz: You write that: on August 2, 2013 in an act designed to strengthen the fight against corruption in Brazil, President Dilma Rousseff sanctions law 12850 which for the first time in Brazilian history enables plea bargained testimonies to be used as evidence in criminal proceedings, for the first time ever Brazilian public prosecutors begin working with plea bargain testimonies, before this Brazilian prosecutors had no experience building cases based on plea bargains. Is this then an indictment of the U.S. justice system and how the Department of Justice gets convictions in the U.S. as well as how they have influenced Brazilian officials to do so as well, are you opposed to, do you think there’s something inherently wrong with plea bargain testimonies?

Brian Mier: Look I think that the coerced plea bargain testimony, made for a partial asset retention and sentence reduction is highly problematic if it is the only piece of evidence used to indict somebody. Ok, I’m not against for example that evidence being admissible in court but it should be qualified. The jury should know that this testimony was made in exchange for sentence reduction, and how much sentence reduction took place, but I’m not against it per se. What i’m against is it being used as the only evidence. That’s crazy, because you’re talking about somebody who has already been arrested for being dishonest, who is now oftentimes changing the story until it is just right, in order to get a sentence reduced from 30 years to 1 year of house arrest. And to be able to keep millions of dollars, this is what we saw in Brazil with these plea bargain testimonies, now lets keep in mind that Jair Bolsonaro is President now, because the leading candidate, who was polling at twice the amount of support he was, Lula, was thrown in jail based on one coerced plea bargain testimony, made by a convicted corrupt businessman, who in exchange for this testimony was able to keep tens of millions of dollars in bribe money, and had his 30 year prison sentence reduced to time served, a little bit of house arrest, almost nothing. Ok? And he changed his story 3 times before they gave him the deal. So something is highly wrong in this scenario, because you can just blackmail people into saying what you want them to say and they just read it off your script, and then they get this deal. And so it’s really bribery if you’re telling someone they can keep 10 million dollars of bribe money if they tell their story in this certain way. And so I think that in order to convict someone, plea bargain testimony should be acceptable evidence but the jury should know it is coerced, and there should also be material evidence so that people can triangulate and not base it entirely on one person’s word against another’s.

Chuck Mertz: To what extent was this a popular coup? How much was the public convinced of Dilma’s guilt, of Lula’s guilt, before they were proven innocent, or at least in Dilma’s case she was proven innocent.

Brian Mier: Well the country is heavily polarized right now, so it’s a bout 50/50. About 50% erroneously thought that Dilma was guilty of something because of years of illegal leaks to the media, including an illegally taped telephone conversation between Dilma Rousseff and Lula, which was taped by Sergio Moro, the judge who prosecuted, investigated and ruled on his own prosecution against Lula, which he recorded and leaked to the major television stations, that was broadcast over the air, that didn’t prove any crime committed, but had the pair of them using swear words – this is an example of how the media collaborates with regime change.

Just talk to any American Liberal now, I’ve got relatives and stuff who just go through the roof if I suggest that Putin didn’t throw the elections to Trump, because of so much misinformation in the media.

Chuck Mertz: Why do you see Bolsonaro as a Neofascist, what is the likelihood that U.S. support for him would continue under a U.S. President that was from the Democratic Party?

Brian Mier: It depends on the Democrat. I could see someone like Joe Biden making some angry scolding comments and continue to work with Bolsonaro. I can see that. Because you know what it’s like with the Democrats, it’s lip service, they pay lip service to human rights, but they have no qualms about supporting massive human rights violations around the world, as long as the people use the right kind of language. So I can see support continuing with Biden, I could not see the same kind of support continuing for Bolsonaro if Bernie Sanders or or Elizabeth Warren or Tulsi Gabbard, or one of these more progressive Democrats were elected.

But an example of why Bolsonaro is a Neofascist. Really, I refer to him as a client-fascist or a sub-fascist, according to Noam Chomsky’s definition of the term in the 1970s, which he created to describe these military dictatorships in Latin America back then. Because unlike Hitler for example, he’s not trying to take over the world, he’s created an internal enemy which he wants to wipe out, at the service of another imperialist power, which is the U.S. – he’s like a sub to the U.S., to U.S. domination, but he’s a fascist. And for an example of his fascism, I could give you a hundred, but here’s a recent one: today he signed a presidential decree, eliminating all funding for the study of sociology, social sciences and philosophy in the public university system, which implies its going to be wiped out of the high school curriculum as well. Currently all high school students are required to study philosophy and social sciences, for all three years of Brazilian high school. These two subjects were outlawed during the past military dictatorship in 1971, they outlawed sociology, so this is a clear example of how they’re trying to incrementally push towards fascism in this country.

Chuck Mertz: You write that: violent, incompetent, corrupt the wager is now how long Bolsonaro’s imbecilic spectacle can last, self-destruction ahead of schedule is the best hope that Brazil’s progressives, minorities, even majorities have. How is that self-destruction going, because the New York Times had an article on April 14th headlined ‘Bolsonaro’s popularity sinks after a rocky 100 days in office’, that story started like this: “I wasn’t born to be President” Brazil’s President Bolsonaro said in an address from his official residence, “I was born to be a soldier” the tone used by Bolsonaro, a former army captain was lighthearted, but the message underscored how turbulent his first few months have been, in just over 100 days in office he has used up much of his political capital with little progress on key issues to show for it, Brazilians are growing impatient. So how is Bolsonaro’s self-destruction progressing?

Brian Mier: Well if you had asked me this a month ago or something I would’ve said that I was thinking that he was going to be out in a couple of months, but his visit to CIA headquarters in Langley along with his Justice Minister Sergio Moro, who was the guy who investigated, judged on his own case and put Lula in jail, they both visited CIA headquarters in Langley, it was the first time a Brazilian President has ever done that, and he had not even met with Brazilian intelligence at that point yet, so that was interpreted in Brazil as a kind of message being sent out to people who were trying to take him out within his own coalition – that he has backing from the U.S. so I don’t know, at this point there are all kinds of indications that he might fall, but the real thing that international capital is worried about, is pushing through retirement pension reforms, which they’re trying to turn over management of to private capital and reduce the monthly payments to half minimum salary, and raise the retirement age, so that people are forced to get their own private retirement plans from private banks, which would generate a lot of money, so that’s the big push that’s going on right now, and some people are saying that all of these gaffes that Bolsonaro and his cronies are making, all of these embarrassing public statements is just a kind of hybrid war technique, to keep the left confused, so that they can push through these pension reforms. If they manage to push through these pension reforms I don’t see Bolsonaro falling, I see the media making a lot of money out of daily articles about Bolsonaro’s stupid tweets and people wringing their hands about how bad he is, and him making it through the whole term, just like Trump. Because this seems to be almost like the new normal now. Everyone thought Trump was going to fall too in the first couple of months.

Chuck Mertz: You mention a new corruption scandal, Bolsogate, what is Bolsogate? And does it have the potential to take the Bolsonaro Government down?

Brian Mier: If there was a functioning rule of law, it would. So you know about Marielle Franco, the wonderful Rio de Janeiro socialist city councilwoman who was assassinated last year….and all the evidence is pointing to these right-wing paramilitary militias which have wrested control of many of Rio’s favelas from the drug trafficking gangs, where they operate extortion rackets and implement their own brutal form of justice – shooting people for smoking marijuana and stuff – she was a major enemy of these militias and of police brutality, and the evidence is that this militia called the Escritorio do Crime carried out the assassination against her. So after that came out it came out that the leader of the Escritorio do Crime militia, both his mother and wife, worked for over 10 years, in Jair Bolsonaro’ son Flavio’s congressional cabinet, and that another member of his cabinet was busted laundering massive amounts of money, passing it back and forth, and there were ghost employees on the payroll who were passing 90% of their salaries to this one guy who is also connected to militias, and he was making these transfers to Jair Bolsonaro’s wife and to his son Flavio. And so this guy has kind of disappeared, they’re trying to bring him to testify, the whole case is being softened by this supposed anti-corruption hero Sergio Moro who is now justice minister, he’s protecting the militias now, and so they finally arrested the gunmen accused of killing Marielle Franco, and one of them lived two doors down from Jair Bolsonaro in this gated luxury community, and he’s a retired police officer, who would never be able to afford anything like that if he was working legitimately, and then it came out that Bolsonaro’s other son used to date this guy’s daughter. And there are photos on the internet of Bolsonaro at bbqs with this guy and with the other gunman and things like that, and so its actually a pretty big scandal to think that even if Jair Bolsonaro didn’t know about Marielle Franco’s killing, he’s associated and his sons definitely associated with the killers on a regular basis. It’s a pretty big scandal, it’s not just something that relies on plea bargain testimony, there’s bank records of money laundering, and computer hard drives showing that the gunmen were doing all this research on Marielle, and when they see this guy’s hard drive they found that he was doing all this similar research on a worker from amnesty international, who actually used to be my assistant when I was at Actionaid, and two people from an NGO in Maré favela where Marielle Franco was from. So this should be a giant scandal, but it has kind of been buried now, buried internationally, because all of the big newspapers are really super interested in these pension reforms going through, so they’re kind of backing down a little bit on this. The intercept is still on it because of Glenn Greenwald, Glenn was friends with Marielle, but the other big international papers are downplaying it, they’re not really talking about it much.

Chuck Mertz: So Brian, explain to me, why did the Dead Kennedys cancel their Brazil tour?

Brian Mier: Laughs. Well I was shocked, I don’t know whether you ever went to a Dead Kennedy’s show, but I went to see them at the Metro in 1984, it was one of the best shows I ever saw in my life, but I mean, I stopped listening to them 30 years ago or whenever.

So they launched this tour poster that was amazing, it looked like the Dead Kennedys at the height of their powers, it was a family of clowns, in Brazil national football team jerseys where instead of the Brazilian flag it is a cross, the child clowns are holding automatic weapons, and their standing in front of a burning favela with tanks running under it, and one of them is saying “I love the smell of poor dead in the morning.”

So this poster went viral in Brazil, completely viral. So then all of the Bolsominions which is what we call the people who support Bolsonaro, started giving them death threats, threatening to go and shoot up the venues where the concerts were going on. And a day later their tour manager says “Well this poster doesn’t necessarily reflect the political views of the Dead Kennedys. It was made by another artist.” and so now a lot of people are super disappointed with the Dead Kennedys because it looked like the old Dead Kennedys. And then they decided to cancel the tour, and now they’ve said that they actually really liked the poster when they saw it and they authorised it but they weren’t expecting this kind of super fascist reaction. Some people are speculating that they received death threats from one of these Militias, so it’s an interesting story, you know…

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