http://cnsnews.com/news/article/clinton-official-embroiled-911-controver

 

Former Clinton Official Paid $26 Million by Fannie Mae Before Taxpayer
Bailout Now on Obama Shortlist to Run FBI 

Wednesday, March 23, 2011 
By  <http://cnsnews.com/source/74480> Chris Neefus 

 <http://cnsnews.com/image/jamie-gorelick> jamie gorelick

Former Clinton Administration official Jamie Gorelick. (AP Photo)

(CNSNews.com) - Jamie Gorelick, a former Clinton administration official who
reportedly has made the Obama administration's short list to become the next
director of the Federal Bureau of Investigation (FBI), was paid more than
$26 million in total compensation as a top executive at Fannie Mae--before
taxpayers had to bail out the mortgage giant.

Gorelick, who left the Clinton Justice Department in 1997 to work for Fannie
Mae CEO Franklin Raines, was paid $26,466,834 in salary, bonuses,
performance pay and stock options from 1998 to 2003, according to the
<http://www.fanniemae.com/media/pdf/newsreleases/FNMSPECIALEXAM.pdf> Report
of the Special Examination of Fannie Mae (2006), conducted by the Office of
Federal Housing Enterprise Oversight.

Gorelick served as vice chairman of the Federal National Mortgage
Association (Fannie Mae) when the government-sponsored enterprise was
bundling subprime loans into securitized financial instruments. Prior to
that, she served as deputy attorney general in the Clinton Justice
Department under then-Attorney General Janet Reno from 1994 to 1997.

Raines had served as Clinton's budget director before assuming the top post
at Fannie Mae.

In 2001, Gorelick
<http://findarticles.com/p/articles/mi_m0EIN/is_2001_May_7/ai_74223918/>
announced that Fannie was buying subprime loans encouraged by the Community
Reinvestment Act (CRA) and bundling them as securitized financial
instruments. Securities made from bundles of guaranteed mortgages were to
contribute to the banking crisis later in the decade.

"Fannie Mae will buy CRA loans from lenders' portfolios; we'll package them
into securities; we'll purchase CRA mortgages at the point of origination;
and we'll create customized CRA-targeted securities," she said in 2001.
"This expanded approach has improved liquidity in the secondary market for
CRA product, and has helped our lenders leverage even more CRA lending.
Lenders now have the flexibility to use their own, customized loan
products."

In
<http://c0181567.cdn1.cloudfiles.rackspacecloud.com/2000-10-30%20Jamie%20Gor
elick%20Remarks.pdf> remarks before the American Bankers Association on Oct.
30, 2000, Gorelick explicitly how the procress would work and what Fannie
Mae would do to make it feasible for banks to lend to low-income applicants.

"We will take CRA loans off your hands--we will buy them from your
portfolios, or package them into securities--so you have fresh cash to make
more CRA loans," she said. "Some people have assumed we don't buy tough
loans. Let me correct that misimpression right now. We want your CRA loans
because they help us meet our housing goals."

By 2008, securities containing subprime loans were causing problems for
financial institutions that had them on their balance sheets. Ultimately the
federal government bailed out banks with the Troubled Asset Relief Program
(TARP). Fannie and Freddie were taken under direct conservatorship by the
federal government when Congress passed the Housing and Economic Recovery
Act of 2008. In exchange for injecting $100 billion of liquidity into each
government-sponsored enterprise, the government took an ownership stake of
79 percent in each, leaving the taxpayer with an unknown liability dependent
upon future performance.

Gorelick left Fannie Mae in 2003.

Gorelick was named in a
<http://online.wsj.com/article/SB10001424052748703566504576202944028443096.h
tml> story in the Wall Street Journal as someone being considered for
nomination as the next FBI director.

In a 1995 Justice Department memo, written when she was deputy attorney
general, Kagan prescribed a policy for limiting the flow of information
between intelligence gatherers and criminal investigators within the Justice
Department.

In the memo, "Instructions on Separation of Certain Foreign
Counterintelligence and Criminal Investigations," Gorelick set out
guidelines for concurrent investigations into the 1993 World Trade Center
bombing by both criminal investigators and intelligence officers within the
Department of Justice.

Rules stemming from the Foreign Intelligence Surveillance Act (FISA), under
which the intelligence community was operating as part of its investigation,
stipulates that information may only be gathered by way of surveillance for
the primary purpose of intelligence, not to contribute to a criminal case
under which defendants have more constitutional protections.

 <http://cnsnews.com/image/fbi-director-robert-mueller> FBI Director Robert
Mueller 

FBI Director Robert Mueller waits to testify on Capitol Hill in Washington,
Wednesday, Sept. 22, 2010, before the Senate Homeland Security and
Government Affairs Committee hearing to examine nine years after 9/11,
focusing on confronting the terrorist threat to the homeland. (AP
Photo/Manuel Balce Ceneta)

Gorelick sought to make clear in her memo that investigators of both stripes
were adhering to FISA precedent and not misappropriating the authority to
undermine the rights of any defendant.

"These procedures, which go beyond what is legally required, will prevent
any risk of creating an unwarranted appearance that FISA is being used to
avoid procedural safeguards which would apply in a criminal investigation,"
Gorelick
<http://media.collegepublisher.com/media/paper441/documents/5nkzph1t.pdf>
wrote. 

Bush Attorney General John Ashcroft later testified before the 9/11
Commission that Gorelick's "wall" was a "structural cause" in the attacks on
Sept. 11, 2001 being allowed to occur.

In his prepared testimony,
<http://www.fas.org/irp/congress/2004_hr/ashcroft_statement.pdf> he said,
"In 1995 the Justice Department, imposing a series of restrictions on the
FBI that went beyond what the law required. . The single greatest structural
cause for September 11 was the wall that segregated criminal investigators
and intelligence agents. Government erected this wall. Government buttressed
this wall. And before September 11, government was blinded by this wall." 

After Ashcroft's commission testimony, Gorelick published a commentary in
The Washington Post saying that his accusations were false, and that the
"wall" predated her tenure by decades.

"I did not invent the 'wall,' which is not a wall but a set of procedures
implementing a 1978 statute (the Foreign Intelligence Surveillance Act, or
FISA) and federal court decisions interpreting it,"
<http://www.washingtonpost.com/ac2/wp-dyn/A20786-2004Apr17?language=printer>
she wrote. 

Gorelick made no mention in the commentary of her statement in the 1995 memo
that she was going "beyond what [was] legally required" in her prescriptions
for handling the cases related to the 1993 bombings.

However, in the months leading up to 9/11, Ashscroft's Justice Department
also did not dismantle the rules or challenge the more general culture in
the department that information should be partitioned.

Gorelick's name appears on the shortlist along with counterintelligence
experts such as former Bush Deputy Attorney General James Comey; former
Assistant Attorney General Kenneth Wainstein; U.S. Attorney Patrick
Fitzgerald; and D.C. Appeals Court Judge Merrick Garland, whom President
Obama also reportedly considered for a Supreme Court appointment. She has
lobbied on behalf of beleaguered British Petroleum (BP) in congressional
inquiries and White House meetings. 

Current FBI Director Robert Mueller's 10-year term expires in September of
this year.

 



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