The Swartwood II Report
Justice that is deserved, will continue to be denied until after the election, but why?
The investigation has been completed, but not released, in spite of the demands of many elected officials from both parties.
There is something about this report that is keeping (Acting) Secretary of Commerce Rebecca Blank from releasing the514 page report on the follow-up investigation by Special Master Charles Swartwood of NOAA enforcement abuses of fishermen.
Swartwood II was completed in March, 2012 and delivered to the Commerce Department.
A spokesman for Commerce explained this is “to gather more information regarding issues identified in the second Swartwood report.”
I'm curious to understand the need for Commerce to gather "more information" that won't be added to Swartwood II.
Seeing as the report should be about past abuses not associated with the Presidents administration, why would they not release the report?
Has something occurred that has swept this administration into a position that they need to cover up issues in this report?
Could it be this?
“The notes and emails to Swartwood coordinating the meeting reflect the active involvement of Cam Kerry, chief counsel for the Commerce Department, and his deputy Geovette Washington, as well as Monica Medina, NOAA Administrator Jane Lubchenco’s principal deputy. Their initiative was aimed at clearing the reputation of the Coast Guard judges via the secret meeting.”
After reviewing the notes of the meeting, Congressmen John Tierney and Barney Frank said Tuesday they would refer the matter to Commerce Department Inspector General Todd Zinser, whose 2010 investigation uncovered widespread abuse of authority at the expense of the fishing industry. His probe was the foundation of Swartwood's more detailed casework.
"I am deeply concerned about these latest accusations," said Sen. Scott Brown. "The Special Master is supposed to be an unbiased and objective investigator and any attempts to influence him are wrong."
The notes and emails to Swartwood coordinating the meeting reflect the active involvement of Cam Kerry, chief counsel for the Commerce Department, and his deputyGeovette Washington, as well as Monica Medina, NOAA Administrator Jane Lubchenco's principal deputy. Their initiative was aimed at clearing the reputation of the Coast Guard judges via the secret meeting.
Although fragmentary, the notes obtained by the Times describe an impassioned effort by Joseph Ingolia, then chief justice of the U.S. Coast Guard Administrative Law Judge System,to resurrect the reputation of the system that suffered severe damage in Swartwood's 236-page report last April examining four dozen cases referred to him by Zinser.
By the date of the hour-long meeting in Swartwood's Boston office on Nov. 15, Ingolia, who has since retired, had negotiated a NOAA press release exonerating the system in exchange for its agreement to complete cases docketed prior to Sept. 8, 2011.
The press release of Nov. 10, five days before the meeting, was shown to Swartwood, while, according to the notes, Ingolia and Megan Allison, the court system administrator, emphasized that the chain of command at the Commerce Department and its subordinate agency NOAA had agreed it would be best for Swartwood to retract his allegations.
"I don't think that anybody has to be damaged by this," Ingolia is reported to have said. "You took testimony about facts, you carried out your duties with respect to what you were asked to do — used testimony — that testimony is wrong — you can come out with something, re-evaluate with new information, and with the respect to Coast Guard ALJ (administrative law judges), you say what you want by way of correction — if that happens, it aligns everything .... "
Swartwood, hired by then-Commerce Secretary Gary Locke to pick up the most troubling threads of the general investigation into possible miscarriages of law in the northeast region headquartered in Gloucester, held his ground.
"I am not going back to the first report — the secretary can do whatever — I won't do it," Swartwood is reported as saying after intense legal argument over the facts in the missteps against Yacubian, whose reparations award of $400,000 was $70,000 more than Swartwood recommended.
At the time Ingolia, the system administrator, and another judge pressed Swartwood to correct his findings, Yacubian's case remained active before a judge in the Coast Guard system as he sought reimbursement of legal fees under the Equal Access to Justice Act.
ALJ Angolia had the need to intervene. Why?
Why would Cam Kerry, Senator John Kerry's brother, along with Administrator Lubchenco's principal deputy, arrange a secret meeting between Angolia and Swartwood, so Angolia could press for changes in an investigation?
What are they hiding?
These questions only lead to others.
Why have those responsible for these injustices against our fellow citizens been transferred, or be allowed to retire, with no accountability for their actions, and why would the administration that promised transparency along with Hope and Change not release Swartwood II?
Who is being protected, and why?