Glenn Greenwald
Politics • Culture • Writing
Congress's 1/6 Committee Claims Absolute Power as it Investigates Citizens With No Judicial Limits
The Committee plotted with JPMorgan and its lawyer, former Obama AG Loretta Lynch, to obtain a citizen's financial records with no possibility of judicial review.
November 01, 2022
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US Representatives Elaine Luria, Adam Schiff, Liz Cheney, Jamie Raskin, Adam Kinzinger and Chairman Bennie Thompson, speak to the media following testimony during the Select Committee to Investigate the January 6th Attack on the US Capitol (Photo by OLIVIER DOULIERY/AFP via Getty Images)

This article was originally published on Substack on Jan. 20, 2022.

In its ongoing attempt to investigate and gather information about private U.S. citizens, the Congressional 1/6 Committee is claiming virtually absolute powers that not even the FBI or other law enforcement agencies enjoy. Indeed, lawyers for the committee have been explicitly arguing that nothing proscribes or limits their authority to obtain data regarding whichever citizens they target and, even more radically, that the checks imposed on the FBI (such as the requirement to obtain judicial authorization for secret subpoenas) do not apply to the committee.

As we have previously reported and as civil liberties groups have warned, there are serious constitutional doubts about the existence of the committee itself. Under the Constitution and McCarthy-era Supreme Court cases interpreting it, the power to investigate crimes lies with the executive branch, supervised by the judiciary, and not with Congress. Congress does have the power to conduct investigations, but that power is limited to two narrow categories: 1) when doing so is designed to assist in its law-making duties (e.g., directing executives of oil companies to testify when considering new environmental laws) and 2) in order to exert oversight over the executive branch.

What Congress is barred from doing, as two McCarthy-era Supreme Court cases ruled, is exactly what the 1/6 committee is now doing: conducting a separate, parallel criminal investigation in order to uncover political crimes committed by private citizens. Such powers are dangerous precisely because Congress’s investigative powers are not subject to the same safeguards as the FBI and other law enforcement agencies. And just as was true of the 1950s House Un-American Activities Committee (HUAC) that prompted those Supreme Court rulings, the 1/6 committee is not confining its invasive investigative activities to executive branch officials or even citizens who engaged in violence or other illegality on January 6, but instead is investigating anyone and everyone who exercised their Constitutional rights to express views about and organize protests over their belief that the 2020 presidential election contained fraud. Indeed, the committee's initial targets appear to be taken from the list of those who applied for protest permits in Washington: a perfectly legal, indeed constitutionally protected, act.

This abuse of power is not merely abstract. The Congressional 1/6 Committee has been secretly obtaining private information about American citizens en masse: telephone records, email logs, internet and browsing history, and banking transactions. And it has done so without any limitations or safeguards: no judicial oversight, no need for warrants, no legal limitations of any kind.

Indeed, the committee has been purposely attempting to prevent citizens who are the targets of their investigative orders to have any opportunity to contest the legality of this behavior in court. As we reported in October, the committee sent dozens if not hundreds of subpoenas to telecom companies demanding a wide range of email and other internet records, and — without any legal basis — requested that those companies not only turn over those documents but refrain from notifying their own customers of the request. If the companies were unwilling to comply with this "request,” then the committee requested that they either contact the committee directly or just disregard the request — in other words, the last thing they wanted was to enable one of their targets to learn that they were being investigated because that would enable them to seek a judicial ruling about the legality of the committee's actions.

But now the committee is escalating its aggressive investigative actions. They have begun sending subpoenas to private banks, demanding the banking records of private citizens, and doing so such that either the person never finds out or finds out too late to obtain a judicial order about the legality of the committee's behavior. In one case, they targeted JP Morgan with these subpoenas while knowing that that bank is being represented by former Obama Attorney General Loretta Lynch; Lynch — unsurprisingly — then directed her client not to accommodate any requests from its own customers to ensure they can seek judicial review.

On November 22, the 1/6 Committee served a subpoena on Taylor Budowich — a former spokesman for the Trump campaign who never worked for the U.S. Government — that requested a wide range of documents as well as his deposition testimony. On December 14, Budowich voluntarily complied by handing over a large amount of his personal records, and then, on December 22, he flew to Washington at his own expense and submitted to questioning. There is no suggestion that Budowich was engaged in any violence or other illegal acts at the Capitol on January 6. Their only interest in this private citizen is his connection to the Trump campaign and his stated view that he believed the 2020 election was marred by fraud.

After he furnished the committee with those documents and then testified, Budowich learned from others that the committee was issuing subpoenas directly to the banks used by other individuals for their personal accounts. He thus requested that his lawyer notify his own bank, JPMorgan Chase, that he would object to their cooperation with any subpoena without first providing notice to him so that he can have time to seek a legal ruling in court.

Typically, citizens learn when law enforcement agencies such as the FBI serve subpoenas to third-party providers such as banks or internet companies. That allows a crucial right: to contest the legality of the action in court before the documents are supplied. But when such a subpoena is concealed from the person, it prevents them from obtaining judicial review. In general, citizens learn of FBI subpoenas, and the FBI (with rare exceptions) has the power to impose a "gag order” or otherwise prevent the person from learning about it only if they first persuade a court that such an extreme measure is warranted (by arguing, for instance, that a terror suspect will flee or destroy evidence if they learn they are being investigated). That safeguard ensures that in most cases, a citizen has the right to seek judicial protection from an illegal act by an investigative body.

But the 1/6 Committee recognizes no right of any kind and no limits on its power. On November 23 — the day after it served a subpoena on Budowich himself — it served a subpoena on Budowich's bank, JPMorgan. The original date for the bank to produce the records was December 7, but JPMorgan — advised by Loretta Lynch as its legal counsel — bizarrely requested that the deadline be extended until December 24: the day before Christmas, knowing that courts would be closed that day and the next. It was only on December 21 — when Budowich was in Washington for his testimony before the committee — did JPMorgan send him notice at his home that it had received a subpoena and intended to produce the requested documents on December 24: just three days later. As JPMorgan and Lynch knew would happen, Budowich did not see the letter until he arrived home on the evening of December 22: less than forty-eight hours before the bank told him they were going to give up all of his financial records to the committee.

Upon discovering that the committee had subpoenaed his bank, Budowich's lawyers immediately advised JPMorgan that they had legal objections to the subpoena, and requested that — given it was about to be Christmas Eve and the courts would be closed — the bank seek an extension from the committee to enable Budowich to seek a judicial ruling. But the bank, advised by Loretta Lynch, refused — and told him they intended to turn the documents over on Christmas regardless of whether that gave him time to request judicial intervention. The bank even refused to provide a copy of the subpoena they received from the committee, which Budowich, to this very day, has not seen.

Budowich's lawyers did everything possible to seek judicial intervention before JPMorgan gave all his financial documents to the committee, but the timing agreed to by the committee, Lynch and the bank — documents produced on Christmas Eve, with notice to him arriving just a couple days before when he was testifying in Washington — made it impossible, by design. As a result, JPMorgan gave all of his banking records to the committee without even seeking an extension.

Budowich was therefore left with no alternative but to file an after-the-fact lawsuit against House Speaker Nancy Pelosi and the committee members, seeking an emergency injunction against the committee's use of his banking records. In response, both the committee and JPMorgan argued that the entire question was “moot” given that they already handed over the documents.

In other words, lawyers for the committee and Loretta Lynch created a plot whereby JPMorgan would notify Budowich of its intent to hand over the documents right before Christmas, so as to purposely deny him time to seek a court ruling, and then used the fact that he was "too late” in filing as a ground for arguing that the court should shut its doors to him and refuse to even give him a hearing. The court agreed that Budowich's request for an emergency injunction was “moot” given that the bank already supplied the documents, but agreed to rule on the merits of the arguments about whether the subpoena was legal.

The parties’ briefs on this question were submitted to an Obama-appointed federal judge, James Boasberg, in Washington. The oral argument on Budowich's request to enjoin the use of his banking records by the committee was held earlier on Thursday, and Judge Boasberg quickly rejected Budowich's objections to the subpoena. It will now be appealed to the Court of Appeals, but the issues presented by the committee's arguments are chilling.

At the hearing, the committee's lawyers essentially repeated the same argument they advanced in their legal brief: namely, that none of the legal safeguards imposed on the FBI and other law enforcement agencies to guard against abuse of power apply to this Congressional committee, which therefore enjoys virtually absolute power to do what it wants.

That is not an exaggerated summary of the committee's argument. The primary law on which Budowich is relying is The Right to Financial Privacy Act (“RFPA”), which prohibits any “financial institution, or officers, employees or agent of the financial institution” from "provid[ing] to any Government authority access to or copies of, or the information contained in, the financial records of any customer” unless they have first complied with the requirement of that law. Among the key requirements is that a “financial institution shall not release the financial records of a customer until the Government authority seeking such records certifies in writing to the financial institution that it has complied with the applicable provisions of this chapter.” As Budowich's lawyers argued, the key to the law is that a person whose financial records are sought must receive notice of that attempt and be given sufficient time to challenge it in court:

Both 12 U.S.C. §§ 3405 (administrative subpoena or summons) and 3408 (formal written request) require that a copy of the subpoena or request “have been served upon the customer or mailed to his last known address on or before the date on which the subpoena or summons was served on the financial institution” together with a formal statutory notice allowing ten (10) days from the date or service or fourteen (14) days from the date of mailing the required notice. See 12 U.S.C. §§ 3405, 3408. Additional provisions of RFPA establish the right of a financial institution customer to challenge a request for their financial records in an appropriate United States District Court, and that proceedings involving such challenges should be completed or decided within seven (7) calendar days of the filing of any Government response. See 12 U.S.C. § 3410(a)-(b).

The committee did not deny that it failed to meet these requirements. Obviously, they could not argue that, given that the plan they created with JPMorgan and its lawyer, Loretta Lynch, was designed to ensure that Budowich have no time to obtain a judicial ruling before his bank records were handed over. Instead, the committee's response is they do not have to comply with this law. “The Act restricts only agencies and departments of the United States, and the Select Committee is neither,” the committee's lawyer contended. In fact, they explicitly argued that these safeguards were meant to be imposed only on the FBI and other law enforcement agencies, but were intended to exempt Congress even when, as here, they are clearly engaged in investigating private citizens for potential crimes. “Multiple provisions of the statute underscore that Congress intended 'Government authority' to mean an executive branch agency or department,” the committee's lawyers wrote in an assertion of power breathtaking in its scope and limitlessness.

All of the other committee's arguments are similarly designed to bestow on itself absolute and unlimited power in how it investigates private citizens, and to insist that the judiciary is without power to impose limits on it. The committee insists, for instance, that it can investigate anyone it wants in connection with 1/6 even if its motive is not to enact new laws and even if the documents it seeks (Budowich's financial records) have no relationship to any proposed new laws. That is because, it says, “Congressional committees are not required to identify a specific piece of legislation in advance of conducting an investigation of the pertinent facts. It is sufficient that a committee’s investigation concerns a subject on which legislation 'could be had.'"

Such a principle, if accepted, would destroy any limits on Congress’s ability to investigate citizens (clearly, it was possible for the McCarthy-era Congressional investigations to lead to new laws even though, as the Supreme Court twice ruled when striking them down, that was clearly not its primary purpose). But Judge Boasberg nonetheless accepted the committee's argument on the ground that an appellate court had already ruled that the 1/6 Committee had a valid legislative purpose and he was therefore bound by that decision.

The committee's other arguments are even more extreme: namely, that “the Constitution’s Speech or Debate Clause provides absolute immunity to Members and committees when performing legislative acts" and that “sovereign immunity prohibits litigation against Congress to which it has not consented, and no such consent has been.” That would mean that the 1/6 Committee could literally do whatever it wanted to citizens, and no court would have the right even to review the legality or constitutionality of what it is doing let alone put a stop to it.

What happened during the first War on Terror — and so many other events that were perceived as traumatic — is instructive here. So many Americans were so horrified by the carnage of that day that, for years, many did not care or want to hear about legal niceties, constitutional limits or civil liberties regarding the government's actions. Anything the government did in the name of responding to or retaliating for 9/11 became inherently justified, and anyone who objected — no matter the principles cited — was deemed to be on the side of the terrorists.

The same dynamic is prevailing here. There are serious constitutional limits on the ability of Congress to investigate private citizens. It is blatantly abusive to scheme with JPMorgan and its counsel Loretta Lynch to ensure that a citizen has no time to seek judicial relief regarding the committee's attempt to obtain mounds of his personal and financial records. And, in general, the committee has been on a rampage targeting not only Trump officials or people who engaged in criminal behavior at the Capitol on January 6 but a wide group of citizens whose only crime appears to be their political beliefs and associations — exactly what the Supreme Court cited when striking down the excesses of Congress’s McCarthy-era probes of citizens.

But with the media overwhelmingly cheering anything done in the name of stopping the Trump movement and those who supported 1/6 in any way, all of these civil liberties concerns and constitutional protections are run roughshod over in the name of safety. The latest arguments from the Congressional 1/6 Committee amount to little more than an assertion of unfettered power for Adam Schiff, Liz Cheney and the rest of the committee members to dig into the lives of anyone they want without limits.

 

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The Epstein Files: The Blackmail of Billionaire Leon Black and Epstein's Role in It
Black's downfall — despite paying tens of millions in extortion demands — illustrates how potent and valuable intimate secrets are in Epstein's world of oligarchs and billionaires.

One of the towering questions hovering over the Epstein saga was whether the illicit sexual activities of the world’s most powerful people were used as blackmail by Epstein or by intelligence agencies with whom (or for whom) he worked. The Trump administration now insists that no such blackmail occurred.

 

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There are still many files that remain heavily and inexplicably redacted. But, from the files that have been made public, we know one thing for certain. One of Epstein’s two key benefactors — the hedge fund billionaire Leon Black, who paid Epstein at least $158 million from 2012 through 2017 — was aggressively blackmailed over his sexual conduct. (Epstein’s second most-important benefactor was the billionaire Les Wexner, a major pro-Israel donor who cut off ties in 2008 after Epstein repaid Wexner $100 million for money Wexner alleged Epstein had stolen from him.)

 

Despite that $100 million repayment in 2008 to Wexner, Epstein had accumulated so much wealth through his involvement with Wexner that it barely made a dent. He was able to successfully “pilfer” such a mind-boggling amount of money because he had been given virtually unconstrained access to, and power over, every aspect of Wexner’s life. Wexner even gave Epstein power of attorney and had him oversee his children’s trusts. And Epstein, several years later, created a similar role with Leon Black, one of the richest hedge fund billionaires of his generation.

 

Epstein’s 2008 conviction and imprisonment due to his guilty plea on a charge of “soliciting a minor for prostitution” began mildly hindering his access to the world’s billionaires. It was at this time that he lost Wexner as his font of wealth due to Wexner’s belief that Epstein stole from him.

 

But Epstein’s world was salvaged, and ultimately thrived more than ever, as a result of the seemingly full-scale dependence that Leon Black developed on Epstein. As he did with Wexner, Epstein insinuated himself into every aspect of the billionaire’s life — financial, political, and personal — and, in doing so, obtained innate, immense power over Black.

 


 

The recently released Epstein files depict the blackmail and extortion schemes to which Black was subjected. One of the most vicious and protracted arose out of a six-year affair he carried on with a young Russian model, who then threatened in 2015 to expose everything to Black’s wife and family, and “ruin his life,” unless he paid her $100 million. But Epstein himself also implicitly, if not overtly, threatened Black in order to extract millions more in payments after Black, in 2016, sought to terminate their relationship.

 

While the sordid matter of Black’s affair has been previously reported — essentially because the woman, Guzel Ganieva, went public and sued Black, accusing him of “rape and assault,” even after he paid her more than $9 million out of a $21 million deal he made with her to stay silent — the newly released emails provide very vivid and invasive details about how desperately Black worked to avoid public disclosure of his sex life. The broad outlines of these events were laid out in a Bloomberg report on Sunday, but the text of emails provide a crucial look into how these blackmail schemes in Epstein World operated.

 

Epstein was central to all of this. That is why the emails describing all of this in detail are now publicly available: because they were all sent by Black or his lawyers to Epstein, and are thus now part of the Epstein Files.

 

Once Ganieva began blackmailing and extorting Black with her demands for $100 million — which she repeatedly said was her final, non-negotiable offer — Black turned to Epstein to tell him how to navigate this. (Black’s other key advisor was Brad Karp, who was forced to resign last week as head of the powerful Paul, Weiss law firm due to his extensive involvement with Epstein).

 

From the start of Ganieva’s increasingly unhinged threats against Black, Epstein became a vital advisor. In 2015, Epstein drafted a script for what he thought Black should tell his mistress, and emailed that script to himself.

 

Epstein included an explicit threat that Black would have Russian intelligence — the Federal Security Service (FSB) — murder Ganieva, because, Epstein argued, failure to resolve this matter with an American businessman important to the Russian economy would make her an “enemy of the state” in the eyes of the Russian government. Part of Epstein’s suggested script for Black is as follows (spelling and grammatical errors maintained from the original correspondents):

 

you should also know that I felt it necessary to contact some friends in FSB, and I though did not give them your name. They explained to me in no uncertain terms that especially now , when Russia is trying to bring in outside investors , as you know the economy sucks, and desperately investment that a person that would attempt to blackmail a us businessman would immeditaly become in the 21 century, what they terms . vrag naroda meant in the 20th they translated it for me as the enemy of the people, and would e dealt with extremely harshly , as it threatened the economies of teh country. So i expect never ever to hear a threat from you again.

 

In a separate email to Karp, Black’s lawyer, Epstein instructs him to order surveillance on the woman’s whereabouts by using the services of Nardello & Co., a private spy and intelligence agency used by the world’s richest people.

 

Black’s utter desperation for Ganieva not to reveal their affair is viscerally apparent from the transcripts of multiple lunches he had with her throughout 2015, which he secretly tape-recorded. His law firm, Paul, Weiss, had those recordings transcribed, and those were sent to Epstein.

 

To describe these negotiations as torturous would be an understatement. But it is worth taking a glimpse to see how easily and casually blackmail and extortion were used in this world.

 

Leon Black is a man worth $13 billion, yet his life appears utterly consumed by having to deal constantly with all sorts of people (including Epstein) demanding huge sums of money from him, accompanied by threats of various kinds. Epstein was central to helping him navigate through all of this blackmail and extortion, and thus, he was obviously fully privy to all of Black’s darkest secrets.

 


 

At their first taped meeting on August 14, 2015, Black repeatedly offered his mistress a payment package of $1 million per year for the next 12 years, plus an up-front investment fund of £2 million for her to obtain a visa to live with her minor son in the UK. But Ganieva repeatedly rejected those offers, instead demanding a lump sum of no less than $100 million, threatening him over and over that she would destroy his life if he did not pay all of it.

 

Black was both astounded and irritated that she thought a payment package of $15 million was somehow abusive and insulting. He emphasized that he was willing to negotiate it upward, but she was adamant that it had to be $100 million or nothing, an amount Black insisted he could not and would not pay.

 

When pressed to explain where she derived that number, Ganieva argued that she considered the two to be married (even though Black was long married to another woman), thereby entitling her to half of what he earned during those years. Whenever Black pointed out that they only had sex once a month or so for five or six years in an apartment he rented for her, and that they never even lived together, she became offended and enraged and repeatedly hardened her stance.

 

Over and over, they went in circles for hours across multiple meetings. Many times, Black tried flattery: telling her how much he cared for her and assuring her that he considered her brilliant and beautiful. Everything he tried seemed to backfire and to solidify her $100 million blackmail price tag. (In the transcripts, “JD” refers to “John Doe,” the name the law firm used for Black; the redacted initials are for Ganieva):

 



 

On other occasions during their meetings, Ganieva insisted that she was entitled to $100 million because Black had “ruined” her life. He invariably pointed out how much money he had given her over the years, to say nothing of the $15 million he was now offering her, and expressed bafflement at how she could see it that way.

 

In response, Ganieva would insist that a “cabal” of Black’s billionaire friends — led by Michael Bloomberg, Mort Zuckerman, and Len Blavatnik — had conspired with Black to ruin her reputation. Other times, she blamed Black for speaking disparagingly of her to destroy her life. Other times, she claimed that people in multiple cities — New York, London, Moscow — were monitoring and following her and trying to kill her. This is but a fraction of the exchanges they had, as he alternated between threatening her with prison and flattering her with praise, while she kept saying she did not care about the consequences and would ruin his life unless she was paid the full amount:

 



 

By their last taped meeting in October, Ganieva appeared more willing to negotiate the amount of the payment. The duo agreed to a payment package in return for her silence; it included Black’s payments to her of $100,000 per month for the next 12 years (or $1.2 million per year for 12 years), as well as other benefits that exceeded a value of $5 million. They signed a contract formalizing what they called a “non-disclosure agreement,” and he made the payments to her for several years on time. The ultimate total value to be paid was $21 million.

 

Unfortunately for Black, these hours of misery, and the many millions paid to her, were all for naught. In March, 2021, Ganieva — despite Black’s paying the required amounts — took to Twitter to publicly accuse Black of “raping and assaulting” her, and further claimed that he “trafficked” her to Epstein in Miami without her consent, to force her to have sex with Epstein.

 

As part of these public accusations, Ganieva spilled all the beans on the years-long affair the two had: exactly what Black had paid her millions of dollars to keep quiet. When Black denied her accusations, she sued him for both defamation and assault. Her case was ultimately dismissed, and she sacrificed all the remaining millions she was to receive in an attempt to destroy his life.

 

Meanwhile, in 2021, Black was forced out of the hedge fund that made him a billionaire and which he had co-founded, Apollo Global Management, as a result of extensive public disclosures about his close ties to Epstein, who, two years earlier, had been arrested, became a notorious household name, and then died in prison. As a result of all that, and the disclosures from his mistress, Black — just like his ex-mistress — came to believe he was the victim of a “cabal.” He sued his co-founder at Apollo, the billionaire Josh Harris, as well as Ganieva and a leading P.R. firm on RICO charges, alleging that they all conspired to destroy his reputation and drive him out of Apollo. Black’s RICO case was dismissed.

 

Black’s fear that these disclosures would permanently destroy his reputation and standing in society proved to be prescient. An independent law firm was retained by Apollo to investigate his relationship with Epstein. Despite the report’s conclusion that Black had done nothing illegal, he has been forced off multiple boards that he spent tens of millions of dollars to obtain, including the highly prestigious post of Chair of the Museum of Modern Art, which he received after compiling one of the world’s largest and most expensive collections, only to lose that position due to Epstein associations.

 

So destroyed is Leon Black’s reputation from these disclosures that a business relationship between Apollo and the company Lifetouch — an 80-year-old company that captures photos of young school children — resulted in many school districts this week cancelling photo shoots involving this company, even though the company never appeared once in the Epstein files. But any remote association with Black — once a pillar of global high society — is now deemed so toxic that it can contaminate anything, no matter how removed from Epstein.

 


 

None of this definitively proves anything like a global blackmail ring overseen by Epstein and/or intelligence agencies. But it does leave little doubt that Epstein was not only very aware of the valuable leverage such sexual secrets gave him, but also that he used it when he needed to, including with Leon Black. Epstein witnessed up close how many millions Black was willing to pay to prevent public disclosure in a desperate attempt to preserve his reputation and marriage.

 

In October, The New York Times published a long examination of what was known at the time about the years-long relationship between Black and Epstein. In 2016, Black seemingly wanted to stop paying Epstein the tens of millions each year he had been paying him. But Epstein was having none of it.

 

Far from speaking to Black as if Epstein were an employee or paid advisor, he spoke to the billionaire in threatening, menacing, highly demanding, and insulting terms:

 

Jeffrey Epstein was furious. For years, he had relied on the billionaire Leon Black as his primary source of income, advising him on everything from taxes to his world-class art collection. But by 2016, Mr. Black seemed to be reluctant to keep paying him tens of millions of dollars a year.

So Mr. Epstein threw a tantrum.

One of Mr. Black’s other financial advisers had created “a really dangerous mess,” Mr. Epstein wrote in an email to Mr. Black. Another was “a waste of money and space.” He even attacked Mr. Black’s children as “retarded” for supposedly making a mess of his estate.

The typo-strewn tirade was one of dozens of previously unreported emails reviewed by The New York Times in which Mr. Epstein hectored Mr. Black, at times demanding tens of millions of dollars beyond the $150 million he had already been paid.

The pressure campaign appeared to work. Mr. Black, who for decades was one of the richest and highest-profile figures on Wall Street, continued to fork over tens of millions of dollars in fees and loans, albeit less than Mr. Epstein had been seeking.

 

The mind-bogglingly massive size of Black’s payments to Epstein over the years for “tax advice” made no rational sense. Billionaires like Black are not exactly known for easily or willingly parting with money that they do not have to pay. They cling to money, which is how many become billionaires in the first place.

 

As the Times article put it, Black’s explanation for these payments to Epstein “puzzled many on Wall Street, who have asked why one of the country’s richest men would pay Mr. Epstein, a college dropout, so much more than what prestigious law firms would charge for similar services.”

 

Beyond Black’s payments to Epstein himself, he also “wired hundreds of thousands of dollars to at least three women who were associated with Mr. Epstein.” And all of this led to Epstein speaking to Black not the way one would speak to one’s most valuable client or to one’s boss, but rather spoke to him in terms of non-negotiable ultimatums, notably similar to the tone used by Black’s mistress-turned-blackmailer:

 


Email from Jeffrey Epstein to Leon Black, dated November 2, 2015.

 

When Black did not relent, Epstein’s demands only grew more aggressive. In one email, he told Black: “I think you should pay the 25 [million] that you did not for this year. For next year it's the same 40 [million] as always, paid 20 [million] in jan and 20 [million] in july, and then we are done.” At one point, Epstein responded to Black’s complaints about a cash crunch (a grievance Black also tried using with his mistress) with offers to take payment from Black in the form of real estate, art, or financing for Epstein’s plane:

 


Email from Jeffrey Epstein to Leon Black, dated March 16, 2016.

 

With whatever motives, Black succumbed to Epstein’s pressure and kept paying him massive sums, including $20 million at the start of 2017, and then another $8 million just a few months later, in April.

 

Epstein had access to virtually every part of Black’s life, as he had with Wexner before that. He was in possession of all sorts of private information about their intimate lives, which would and could have destroyed them if he disclosed it, as evidenced by the reputational destruction each has suffered just from the limited disclosures about their relationship with Epstein, to say nothing of whatever else Epstein knew.

 

Leon Black was most definitely the target of extreme and aggressive blackmail and extortion over his sex life in at least one instance we know of, and Epstein was at the center of that, directing him. While Wall Street may have been baffled that Wexner and Black paid such sums to Epstein over the years, including after Black wanted to cut him off, it is quite easy to understand why they did so. That is particularly so as Epstein became angrier and more threatening, and as he began reminding Black of all the threats from which Epstein had long protected him. Epstein watched those exact tactics work for Black’s mistress.

 

The DOJ continues to insist it has no evidence of Epstein using his access to the most embarrassing parts of the private and sexual lives of the world’s richest and most powerful people for blackmail purposes. But we know for certain that blackmail was used in this world, and that Epstein was not only well aware of highly valuable secrets but was also paid enormous, seemingly irrational sums by billionaires whose lives he knew intimately.

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Amazon's Ring and Google's Nest Unwittingly Reveal the Severity of the U.S. Surveillance State
Just a decade after a global backlash was triggered by Snowden reporting on mass domestic surveillance, the state-corporate dragnet is stronger and more invasive than ever.

That the U.S. Surveillance State is rapidly growing to the point of ubiquity has been demonstrated over the past week by seemingly benign events. While the picture that emerges is grim, to put it mildly, at least Americans are again confronted with crystal clarity over how severe this has become.

 

The latest round of valid panic over privacy began during the Super Bowl held on Sunday. During the game, Amazon ran a commercial for its Ring camera security system. The ad manipulatively exploited people’s love of dogs to induce them to ignore the consequences of what Amazon was touting. It seems that trick did not work.

 

The ad highlighted what the company calls its “Search Party” feature, whereby one can upload a picture, for example, of a lost dog. Doing so will activate multiple other Amazon Ring cameras in the neighborhood, which will, in turn, use AI programs to scan all dogs, it seems, and identify the one that is lost. The 30-second commercial was full of heart-tugging scenes of young children and elderly people being reunited with their lost dogs.

 

But the graphic Amazon used seems to have unwittingly depicted how invasive this technology can be. That this capability now exists in a product that has long been pitched as nothing more than a simple tool for homeowners to monitor their own homes created, it seems, an unavoidable contract between public understanding of Ring and what Amazon was now boasting it could do.

 


Amazon’s Super Bowl ad for Ring and its “Search Party” feature.

 

Many people were not just surprised but quite shocked and alarmed to learn that what they thought was merely their own personal security system now has the ability to link with countless other Ring cameras to form a neighborhood-wide (or city-wide, or state-wide) surveillance dragnet. That Amazon emphasized that this feature is available (for now) only to those who “opt-in” did not assuage concerns.

 

Numerous media outlets sounded the alarm. The online privacy group Electronic Frontier Foundation (EFF) condemned Ring’s program as previewing “a world where biometric identification could be unleashed from consumer devices to identify, track, and locate anything — human, pet, and otherwise.”

 

Many private citizens who previously used Ring also reacted negatively. “Viral videos online show people removing or destroying their cameras over privacy concerns,” reported USA Today. The backlash became so severe that, just days later, Amazon — seeking to assuage public anger — announced the termination of a partnership between Ring and Flock Safety, a police surveillance tech company (while Flock is unrelated to Search Party, public backlash made it impossible, at least for now, for Amazon to send Ring’s user data to a police surveillance firm).

 

The Amazon ad seems to have triggered a long-overdue spotlight on how the combination of ubiquitous cameras, AI, and rapidly advancing facial recognition software will render the term “privacy” little more than a quaint concept from the past. As EFF put it, Ring’s program “could already run afoul of biometric privacy laws in some states, which require explicit, informed consent from individuals before a company can just run face recognition on someone.”

 

Those concerns escalated just a few days later in the context of the Tucson disappearance of Nancy Guthrie, mother of long-time TODAY Show host Savannah Guthrie. At the home where she lives, Nancy Guthrie used Google’s Nest camera for security, a product similar to Amazon’s Ring.

 

Guthrie, however, did not pay Google for a subscription for those cameras, instead solely using the cameras for real-time monitoring. As CBS News explained, “with a free Google Nest plan, the video should have been deleted within 3 to 6 hours — long after Guthrie was reported missing.” Even professional privacy advocates have understood that customers who use Nest without a subscription will not have their cameras connected to Google’s data servers, meaning that no recordings will be stored or available for any period beyond a few hours.

 

For that reason, Pima County Sheriff Chris Nanos announced early on “that there was no video available in part because Guthrie didn’t have an active subscription to the company.” Many people, for obvious reasons, prefer to avoid permanently storing comprehensive daily video reports with Google of when they leave and return to their own home, or who visits them at their home, when, and for how long.

 

Despite all this, FBI investigators on the case were somehow magically able to “recover” this video from Guthrie’s camera many days later. FBI Director Kash Patel was essentially forced to admit this when he released still images of what appears to be the masked perpetrator who broke into Guthrie’s home. (The Google user agreement, which few users read, does protect the company by stating that images may be stored even in the absence of a subscription.)

 

While the “discovery” of footage from this home camera by Google engineers is obviously of great value to the Guthrie family and law enforcement agents searching for Guthrie, it raises obvious yet serious questions about why Google, contrary to common understanding, was storing the video footage of unsubscribed users. A former NSA data researcher and CEO of a cybersecurity firm, Patrick Johnson, told CBS: “There's kind of this old saying that data is never deleted, it's just renamed.” 

 


Image obtained through Nancy Guthrie’s unsubscribed Google Nest camera and released by the FBI.

 

It is rather remarkable that Americans are being led, more or less willingly, into a state-corporate, Panopticon-like domestic surveillance state with relatively little resistance, though the widespread reaction to Amazon’s Ring ad is encouraging. Much of that muted reaction may be due to a lack of realization about the severity of the evolving privacy threat. Beyond that, privacy and other core rights can seem abstract and less of a priority than more material concerns, at least until they are gone.

 

It is always the case that there are benefits available from relinquishing core civil liberties: allowing infringements on free speech may reduce false claims and hateful ideas; allowing searches and seizures without warrants will likely help the police catch more criminals, and do so more quickly; giving up privacy may, in fact, enhance security.

 

But the core premise of the West generally, and the U.S. in particular, is that those trade-offs are never worthwhile. Americans still all learn and are taught to admire the iconic (if not apocryphal) 1775 words of Patrick Henry, which came to define the core ethos of the Revolutionary War and American Founding: “Give me liberty or give me death.” It is hard to express in more definitive terms on which side of that liberty-versus-security trade-off the U.S. was intended to fall.

 

These recent events emerge in a broader context of this new Silicon Valley-driven destruction of individual privacy. Palantir’s federal contracts for domestic surveillance and domestic data management continue to expand rapidly, with more and more intrusive data about Americans consolidated under the control of this one sinister corporation.

 

Facial recognition technology — now fully in use for an array of purposes from Customs and Border Protection at airports to ICE’s patrolling of American streets — means that fully tracking one’s movements in public spaces is easier than ever, and is becoming easier by the day. It was only three years ago that we interviewed New York Timesreporter Kashmir Hill about her new book, “Your Face Belongs to Us.” The warnings she issued about the dangers of this proliferating technology have not only come true with startling speed but also appear already beyond what even she envisioned.

 

On top of all this are advances in AI. Its effects on privacy cannot yet be quantified, but they will not be good. I have tried most AI programs simply to remain abreast of how they function.

 

After just a few weeks, I had to stop my use of Google’s Gemini because it was compiling not just segregated data about me, but also a wide array of information to form what could reasonably be described as a dossier on my life, including information I had not wittingly provided it. It would answer questions I asked it with creepy, unrelated references to the far-too-complete picture it had managed to create of many aspects of my life (at one point, it commented, somewhat judgmentally or out of feigned “concern,” about the late hours I was keeping while working, a topic I never raised).

 

Many of these unnerving developments have happened without much public notice because we are often distracted by what appear to be more immediate and proximate events in the news cycle. The lack of sufficient attention to these privacy dangers over the last couple of years, including at times from me, should not obscure how consequential they are.

 

All of this is particularly remarkable, and particularly disconcerting, since we are barely more than a decade removed from the disclosures about mass domestic surveillance enabled by the courageous whistleblower Edward Snowden. Although most of our reporting focused on state surveillance, one of the first stories featured the joint state-corporate spying framework built in conjunction with the U.S. security state and Silicon Valley giants.

 

The Snowden stories sparked years of anger, attempts at reform, changes in diplomatic relations, and even genuine (albeit forced) improvements in Big Tech’s user privacy. But the calculation of the U.S. security state and Big Tech was that at some point, attention to privacy concerns would disperse and then virtually evaporate, enabling the state-corporate surveillance state to march on without much notice or resistance. At least as of now, the calculation seems to have been vindicated.

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