Category: Law Enforcement Misconduct

Burglars Who Took On F.B.I. Abandon Shadows – NYTimes.com


Now We Know Who These Heroes Are

On March 8, 1971, in Media, PA, a group of anonymous brave dissidents stole records from a local FBI office, revealing J. Edgar Hoover’s COINTELPRO program, of domestic spying and sabotage, and they mailed to various media sources.

Well, they are no longer anonymous:

The perfect crime is far easier to pull off when nobody is watching.

So on a night nearly 43 years ago, while Muhammad Ali and Joe Frazier bludgeoned each other over 15 rounds in a televised title bout viewed by millions around the world, burglars took a lock pick and a crowbar and broke into a Federal Bureau of Investigation office in a suburb of Philadelphia, making off with nearly every document inside.

They were never caught, and the stolen documents that they mailed anonymously to newspaper reporters were the first trickle of what would become a flood of revelations about extensive spying and dirty-tricks operations by the F.B.I. against dissident groups.

The burglary in Media, Pa., on March 8, 1971, is a historical echo today, as disclosures by the former National Security Agency contractor Edward J. Snowden have cast another unflattering light on government spying and opened a national debate about the proper limits of government surveillance. The burglars had, until now, maintained a vow of silence about their roles in the operation. They were content in knowing that their actions had dealt the first significant blow to an institution that had amassed enormous power and prestige during J. Edgar Hoover’s lengthy tenure as director.

“When you talked to people outside the movement about what the F.B.I. was doing, nobody wanted to believe it,” said one of the burglars, Keith Forsyth, who is finally going public about his involvement. “There was only one way to convince people that it was true, and that was to get it in their handwriting.”

Mr. Forsyth, now 63, and other members of the group can no longer be prosecuted for what happened that night, and they agreed to be interviewed before the release this week of a book written by one of the first journalists to receive the stolen documents. The author, Betty Medsger, a former reporter for The Washington Post, spent years sifting through the F.B.I.’s voluminous case file on the episode and persuaded five of the eight men and women who participated in the break-in to end their silence.

Unlike Mr. Snowden, who downloaded hundreds of thousands of digital N.S.A. files onto computer hard drives, the Media burglars did their work the 20th-century way: they cased the F.B.I. office for months, wore gloves as they packed the papers into suitcases, and loaded the suitcases into getaway cars. When the operation was over, they dispersed. Some remained committed to antiwar causes, while others, like John and Bonnie Raines, decided that the risky burglary would be their final act of protest against the Vietnam War and other government actions before they moved on with their lives.

These people are patriots and heroes, and the end

The passage of years has worn some of the edges off the once radical political views of John and Bonnie Raines. But they said they felt a kinship toward Mr. Snowden, whose revelations about N.S.A. spying they see as a bookend to their own disclosures so long ago.

They know some people will criticize them for having taken part in something that, if they had been caught and convicted, might have separated them from their children for years. But they insist they would never have joined the team of burglars had they not been convinced they would get away with it.

“It looks like we’re terribly reckless people,” Mr. Raines said. “But there was absolutely no one in Washington — senators, congressmen, even the president — who dared hold J. Edgar Hoover to accountability.”

“It became pretty obvious to us,” he said, “that if we don’t do it, nobody will.”

Law breaking and abuse of power, revealed by patriots.

J. Edgar Hoover was a deeply evil man who had no respect at all for civil rights and due process, and he had managed to blackmail his way into an unassailable center of power, and they helped stop him.

The distribution of these documents to the press, may not have been the end of abuses by the US state security apparatus, nor even the beginning of the end of abuses by the US state security apparatus, but at the very least it was the end of the beginning, to paraphrase Winston Churchill.

I would also note that in 1971 the press was not so cowed by the government that they would sit on the story, as the New York Times did in 2004.

People like this, and I am including Edward Snowden in this, are essential for the protection of democracy and civil rights.

The FBI’s No Longer Chases Crooks. It Spies on Us

The FBI has officially removed law enforcement as its primary function, and replaced it with domestic national security:

The FBI’s creeping advance into the world of counterterrorism is nothing new. But quietly and without notice, the agency has finally decided to make it official in one of its organizational fact sheets. Instead of declaring “law enforcement” as its “primary function,” as it has for years, the FBI fact sheet now lists “national security” as its chief mission. The changes largely reflect the FBI reforms put in place after September 11, 2001, which some have criticized for de-prioritizing law enforcement activities. Regardless, with the 9/11 attacks more than a decade in the past, the timing of the edits is baffling some FBI-watchers.

“What happened in the last year that changed?” asked Kel McClanahan, a Washington-based national security lawyer.

McClanahan noticed the change last month while reviewing a Freedom of Information Act (FOIA) request from the agency. The FBI fact sheet accompanies every FOIA response and highlights a variety of facts about the agency. After noticing the change, McClanahan reviewed his records and saw that the revised fact sheets began going out this summer. “I think they’re trying to rebrand,” he said. “So many good things happen to your agency when you tie it to national security.”

………

“Violent crime, property crime and white-collar crime: All those things had reductions in the number of people available to investigate them,” former FBI agent Brad Garrett told Foreign Policy. “Are there cases they missed? Probably.”

Last month, Robert Holley, the special agent in charge in Chicago, said the agency’s focus on terrorism and other crimes continued to affect the level of resources available to combat the violent crime plaguing the city. “If I put more resources on violent crime, I’d have to take away from other things,” he told The Chicago Tribune.

So, now the FBI is in the business of manufacturing terrorism busts by entrapping Islamic losers who could not blow up a paper bag otherwise, not prosecuting interstate criminals, pursuing gun smugglers, or the banksters.

Their job is now to manufacture crimes on people who are disfavored, and spying on the rest of us.

Much Stasi anyone?

H/T Seriously, somewhere in Hell, Crooks and Liars.

This Week’s Spylapalooza

It’s been a busy week for developments in spying by the US state security apparatus.

First, we have the report from the President’s hand picked panel, “Liberty and Security in a Changing World.” (PDF)

From people who know the issues, the reviews have been this weak tea.

The EFF’s conclusion was that, “The reportleft open the door for future mass surveillance and failed to address the constitutionality of the NSA’s mass spying, recently questioned by the D.C. federal court and raised by EFF in its multiple lawsuits.”

Marcy Wheeler, who is has perhaps the most knowledgeable on these sorts of issues, observes that the panel refused to address whether the NSA spying program was illegal.  There is simply nothing in the report about this.

When she looks what is in the report, she sees signs that the NSA is probably functioning as a domestic security agency:

Which is why I’m curious what’s behind the following language, offered in support of the recommendation to clearly designate NSA as a foreign intelligence organization and presented with two other things we know NSA does.

It should not be a domestic security service, a military command, or an information assurance organization.

[…] Like other agencies, there are situations in which NSA does and should provide support to the Department of Justice, the Department of Homeland Security, and other law enforcement entities. But it should not assume the lead for programs that are primarily domestic in nature.

That seems to suggest that, in addition to supporting DHS, DOJ, and other law enforcement entities (cough, DEA, as well as probably Secret Service in its cyber-role), NSA takes the lead on certain issues that are primarily domestic.I do hope we’ll learn what this refers to. Because if NSA is operating domestically (maybe to police IP?), it will be scandalous news.

Pro Publica notes that one of the more direct recommendations of the panel is that the NSA needs to stop undermining publicly available encryption algorithms:

The National Security Agency should not undermine encryption standards that are designed to protect the privacy of communications, the panel of experts appointed by President Obama to review NSA surveillance recommended in a report released today.

The recommendation, among the strongest of the many suggested changes laid out by the panel, comes several months after ProPublica, the Guardian, and the New York Times reported that the NSA has successfully worked to undercut encryption. The story was based on a set of documents provided by former NSA contractor Edward Snowden.

Outside of the intelligence review board, we have learned that the NSA paid RSA Security LLC to incorporate insecure encryption in its products:

As a key part of a campaign to embed encryption software that it could crack into widely used computer products, the U.S. National Security Agency arranged a secret $10 million contract with RSA, one of the most influential firms in the computer security industry, Reuters has learned.

Documents leaked by former NSA contractor Edward Snowden show that the NSA created and promulgated a flawed formula for generating random numbers to create a “back door” in encryption products, the New York Times reported in September. Reuters later reported that RSA became the most important distributor of that formula by rolling it into a software tool called Bsafe that is used to enhance security in personal computers and many other products.

Undisclosed until now was that RSA received $10 million in a deal that set the NSA formula as the preferred, or default, method for number generation in the BSafe software, according to two sources familiar with the contract. Although that sum might seem paltry, it represented more than a third of the revenue that the relevant division at RSA had taken in during the entire previous year, securities filings show.

In total, this explains the flight from services like Google to non-US algernatives.

In a perfect world,  all of this might lead the White House, and the intelligence agencies to back off regarding their expansion of power, but you would be wrong.

They are at this time attempting to quash a court ruling on the constitutionality ofits domestic spying program by invoking the state-secrets privilege.

And for your amusement, we have Mark Fiore’s comments on the difference between the data collection by the government and commercial interest.
 

Your Moment of Kafka, No-Fly List Edition

There is now a distinct possibility in the lawsuit filed by Rahinah Ibrahim about her being on the no-fly list, the verdict might be kept secret. (My prior post on the trial is here.)

That’s right, win or lose, Rahinah Ibrahim, and the general public, may never know if she was on the list, if she is on the list, or whether her name has been removed from the list:

Is former Stanford University scholar Rahinah Ibrahim connected to Malaysian jihadists, as the FBI once suggested, or is she the victim of misguided U.S. bureaucrats who erroneously placed her on a U.S. terror watchlist? Is she even on a watchlist at all?

Those are the lingering unanswered questions in the first-of-its kind federal trial challenging a traveler’s alleged placement on America’s notorious no-fly list. The 48-year-old Malaysian woman’s case against the U.S. government — in which she seeks solely to clear her name — is awaiting a judge’s verdict after a week of testimony, the bulk of it classified and given behind closed doors here in a San Francisco federal courtroom.

But underscoring the Kafkaesque flavor of the trial, there’s a real possibility the verdict itself will be kept a secret, even from Ibrahim.

“It is conceivable? If the government continues to keep this information secret from her and the public, and the judge sustains that objection, it is possible we can have a ruling in this case and she would not know the result,” Elizabeth Marie Pipkin, Ibrahim’s pro-bono attorney, said in a telephone interview.

You can call it Kafkaesque, or you can call it Orwellian, or you can call it police state tactics, but in any case, this really, really, wrong.

Your Moment of Kafka

There was a crazy guy in New York City’s Times Square, one Glenn Broadnax, who was wandering into traffic.

Why is this news?  After all, crazy people interfering with traffic is not particularly newsworthy in Manhattan.

Well it becomes news because, police shot at him while trying to apprehend him, and missed, striking innocent bystanders.

Because of this the prosecutor charged Mr. Broadnax with assault ……… for getting shot at:

An unarmed, emotionally disturbed man shot at by the police as he was lurching around traffic near Times Square in September has been charged with assault, on the theory that he was responsible for bullet wounds suffered by two bystanders, according to an indictment unsealed in State Supreme Court in Manhattan on Wednesday.

The man, Glenn Broadnax, 35, of Brooklyn, created a disturbance on Sept. 14, wading into traffic at 42nd Street and Eighth Avenue and throwing himself into the path of oncoming cars.

A curious crowd grew. Police officers arrived and tried to corral Mr. Broadnax, a 250-pound man. When he reached into his pants pocket, two officers, who, the police said, thought he was pulling a gun, opened fire, missing Mr. Broadnax, but hitting two nearby women. Finally, a police sergeant knocked Mr. Broadnax down with a Taser.

The shootings once again raised questions about the police use of firearms in crowded areas and drew comparisons to a shooting a year ago, when officers struck nine bystanders in front of the Empire State Building when they killed an armed murder suspect.

Initially Mr. Broadnax was arrested on misdemeanor charges of menacing, drug possession and resisting arrest. But the Manhattan district attorney’s office persuaded a grand jury to charge Mr. Broadnax with assault, a felony carrying a maximum sentence of 25 years. Specifically, the nine-count indictment unsealed on Wednesday said Mr. Broadnax “recklessly engaged in conduct which created a grave risk of death.”

“The defendant is the one that created the situation that injured innocent bystanders,” said an assistant district attorney, Shannon Lucey.

You are charging a clearly disturbed man with felony assault for somehow “forcing” to fire recklessly firing into a crowded area?

What the f%$#?

The Department of Homeland Security Outdoes Orwell And Kafka

In the first case to make it to court over the no-fly list, DHS has taken abuse of power to a whole new level.

The case, Rahinah Ibrahim v. Department of Homeland Security.

The claim of DHS is that the list is a state secret, so they won’t even acknowledge that there is a list, much less if someone is on the list, until of course the airlines refuse you a boarding pass, but even then they cannot tell you why they are:

Airlines aren’t told why they have been forbidden to transport any particular person, and are forbidden from telling anyone that they are on the “no-fly” list — although of course that eventually becomes obvious when the airline refuses to issue a boarding pass to an otherwise qualified fare-paying would-be passenger.  The U.S. government’s policy is never to confirm or deny the existence of a no-fly order. That is considered a “state secret”.

Needless to say, all this makes a mockery of due process and has, until now, frustrated judicial review of no-fly decisions and orders.  Despite numerous attempts to challenge the system of “no-fly” lists and orders, Rahinah Ibrahim v. Department of Homeland Security, et al. (docket and more recent documents) is the first such case to make it to trial.

Dr. Ibrahim, a Malaysian citizen, was a doctoral candidate at Stanford University, in the U.S. on a valid student visa, when she tried to fly home to Malaysia with her daughter in 2005.  She was refused passage on a United Airlines flight from San Francisco International Airport, detained, and interrogated by SFO airport police.  Although she was ultimately bound for Malaysia, she had planned to stop over in Hawaii to present a research paper at a conference there. She was denied boarding on a domestic flight from San Francisco to Kona. She was allowed to fly to Kona the next day, and on to Malaysia after the conference a few days late, but her U.S. visa was then revoked (although she wasn’t notified, and didn’t learn this until she was at the airport in K.L. trying to check in for a flight back to SFO a couple of months later). She hasn’t been able to return to the U.S. since, even though she had lived legally in the U.S. for many years, had met and married her husband in the U.S., and one of children was born in the U.S. and is a U.S. citizen.  She completed her dissertation remotely, received her Stanford Ph.D. in absentia, and is now a professor at a major Malaysian public university, with an extensive list of academic publications.

Several other “no-fly” lawsuits have been dismissed without getting far enough to have a judge, much less a jury, review the challenged “no-fly” orders on their merits. Others that haven’t yet made it to trial, but haven’t yet been dismissed, include that of Gulet Mohamed in Northern Virgina and Latif et al. v. Holder in Portland, OR.  Both of these cases involve U.S. citizens who were effectively banished from the U.S. by having their names being placed on the “no-fly” list while they were abroad, preventing them from coming home.

The city and county of San Francisco paid Dr. Ibrahim $225,000 to settle her claims against the airport police, but the Federal government agencies and employees have opposed Dr. Ibrahim’s right to even have the court review the legality of their actions.

But wait there’s more.

You see, after the lawyers for Dr. Ibrahim put her daughter on the witness list, DHS put that daughter on their no fly list:

The Federal civil rights trial in Ibrahim v. DHS — the first lawsuit seeking judicial review of a government “no-fly” order to make it to trial — began this morning in San Francisco with a surprise:

When the case was called at 7:30 a.m., Elizabeth Pipkin and Christine Peek, pro bono lawyers for the plaintiff Dr. Rahinah Ibrahim, began by informing U.S. District Judge William Alsup that Dr. Ibrahim’s oldest daughter Raihan Mustafa Kamal was denied boarding in Kuala Lumpur yesterday when she tried to board a flight to San Francisco to observe and testify at the trial in her mother’s lawsuit.

Ms. Mustafa Kamal, an attorney licensed to practice law in Malaysia, was born in the U.S. and is a U.S. citizen. Ms. Mustafa Kamal was with her mother when Dr. Ibrahim was denied boarding on a flight from K.L. to San Francisco in 2005 (after having been told that her name had been removed from the “no-fly” list) under what now seem eerily similar circumstances. The DHS had been given notice that Ms. Mustafa Kamal would testify at the trial as an eyewitness to those events she witnessed in 2005.

………

“We may have to have a separate evidentiary hearing about this,” Judge Alsup said, and ordered the defendants to provide further information tomorrow (Tuesday). “I want to know whether the government did something to obstruct a witness, a U.S. citizen.”

(emphasis original)

So, they put a witness, and an American citizen at that, on the no fly list in order to prevent them from testifying, and then, they lied to the judge about it:

Ms. Pipkin reminded the court of what government counsel Paul Freeborne of the Department of Justice told the court before the trial recessed on Monday:

Freeborne: Your Honor, we’ve confirmed that the defendants did nothing to deny plaintiff’s daughter boarding. It’s our understanding that she just simply missed her flight. She has been re-booked on a flight tomorrow. She should arrive tomorrow.

“None of that was true,” Ms. Pipkin told the court this morning. “She didn’t miss the flight. She was there in time to check in. She has not been rebooked on another flight.” And most importantly, it was because of actions by the DHS — one of the defendants in Dr. Ibrahim’s lawsuit — that Ms. Mustafa Kamal was not allowed to board her flight to SFO to attend and testify at her mother’s trial.

Ms. Pipkin said that Ms. Mustafa Kamal had sent her a copy of the “no-board” instructions which the DHS gave to Malaysia Airlines, and which the airline gave to Ms. Mustafa Kamal to explain as much as it knew about why it was not being allowed to transport her. Ms. Pipkin handed Judge William Alsup a copy of the DHS “no-board” instructions to Malaysia Airlines regarding Ms. Mustafa Kamal.

At least now, we may have a reason as to why she is on the no fly list:

The FBI agents also asked about whether Dr. Ibrahim was familiar with Jemaah Islamiyyah in Malaysia. She said she had heard of it only from reading online newspapers, but that from what she had read, it was an un-Muslim terrorist organization.

Later in her deposition, Dr. Ibrahim noted that since returning to Malaysia in 2005, she has become active in Jamaah Islah Malaysia, a non-profit professional networking group for Muslims who have returned to Malaysia after post-secondary schooling in the U.S. and Europe. The two groups have names that could easily be confused by non-Malays, and are sometimes referred to by the same acronym, “JIM”. But both are well-known and readily distinguishable to Malaysians. And the FBI agents who visited her in 2004 didn’t ask about “Jamaah Isla Malaysia”, the entirely innocent organization with which Dr. Ibrahim is now involved. This potential confusion is the only hint in the public record to date about any possible explanation, legitimate or not, for FBI “Special Agent” Kelly’s nomination of Dr. Ibrahim for inclusion on the “no-fly” list.

I fully expect the US Attorney to f%$#ing turn into a f%$#ing cockroach at this point.

The full sordid story, over the past few years is here.

There are a whole bunch of people at DHS, the FBI, and the DoJ who really need to have their security clearances pulled as arbitrarily as Dr. Ibrahim’s right to travel was.

Here is a suggestion for Barack “Worst Constitutional Law Professor ever” Obama.  Realize that your state security apparatus has as much interest in fairness, or civil rights, or basic American values as much as Richard Bruce Cheney is interested in discussing who authorized the leaking Valerie Plame’s CIA covert operative status.

So Google Funds ALEC, but Walmart Won’t

The American Legal Exchange Council has been dumped by a number of corporate sponsors following the “Stand Your Ground” murder of Trayvon Martin:

The Guardian has learned that the American Legislative Exchange Council (Alec), which shapes and promotes legislation at state level across the US, has identified more than 40 lapsed corporate members it wants to attract back into the fold under a scheme referred to in its documents as the “Prodigal Son Project”.

The target firms include commercial giants such as Amazon, Coca-Cola, General Electric, Kraft, McDonald’s and Walmart, all of which cut ties with the group following the furore over the killing of the unarmed black teenager Trayvon Martin in Florida in February 2012.

Alec was embroiled in the controversy surrounding Florida’s 2005 “stand-your-ground” law under which George Zimmerman, the neighbourhood watch volunteer who shot and killed the 17-year-old Martin, initially claimed self-defence. The Florida law was picked up by Alec, and, working in partnership with the National Rifle Association, used as a template for one of its “model bills”, which was then taken up by other states across the country.

The Guardian has learned that by Alec’s own reckoning the network has lost almost 400 state legislators from its membership over the past two years, as well as more than 60 corporations that form the core of its funding. In the first six months of this year it suffered a hole in its budget of more than a third of its projected income.

So, ALEC is too evil for Walmart, but not too evil for Google.

Excuse me, while my head explodes.

Let Him Pay for His Own Damn Security………

It looks like the taxpayers of New York City will on the hook for $1½ million a year for a security detail:

After he retires as NYPD commissioner, Ray Kelly is going to have a lot of company.

According to Murray Weiss of DNAinfo New York, the NYPD Intelligence Division has recommended Kelly, upon retiring, be provided with a 10-man, 24/7 security detail — an increase from the six-man detail Kelly had requested earlier. The detail will cost taxpayers more than $1.5 million per year and will include three sergeants, one lieutenant and six detectives.

After six months, the department will reassess Kelly’s security needs.

By Ray Kelly’s own standards, this is completely unnecessary, since he made the city safe by engaging in racial profiling and intimidation.

Your Police State in Action

Yes, the FBI is trying to suppress the activities of a Freedom of Information Act (FOIA) wielding activist because he might actually learn what is going on:

Ryan Shapiro has just wrapped up a talk at Boston’s Suffolk University Law School, and as usual he’s surrounded by a gaggle of admirers. The crowd­, consisting of law students, academics, and activist types, is here for a panel discussion on the Animal Enterprise Terrorism Act, a 2006 law targeting activists whose protest actions lead to a “loss of profits” for industry. Shapiro, a 37-year-old Ph.D. student at the Massachusetts Institute of Technology, contributed a slideshow of newspaper headlines, posters, and government documents from as far back as the 1800s depicting animal advocates as a threat to national security. Now audience members want to know more about his dissertation and the archives he’s using. But many have a personal request: Would Shapiro help them discover what’s in their FBI files?

He is happy to oblige. According to the Justice Department, this tattooed activist-turned-academic is the FBI’s “most prolific” Freedom of Information Act requester—filing, during one period in 2011, upward of two documents requests a day. In the course of his doctoral work, which examines how the FBI monitors and investigates protesters, Shapiro has developed a novel, legal, and highly effective approach to mining the agency’s records. Which is why the government is petitioning the United States District Court in Washington, DC, to prevent the release of 350,000 pages of documents he’s after.

Invoking a legal strategy that had its heyday during the Bush administration, the FBI claims that Shapiro’s multitudinous requests, taken together, constitute a “mosaic” of information whose release could “significantly and irreparably damage national security” and would have “significant deleterious effects” on the bureau’s “ongoing efforts to investigate and combat domestic terrorism.”

………

When he started using privacy waivers, Shapiro realized he was on to something. Suppose you and I volunteered for the animal rights group PETA. If Shapiro requested all PETA-related FBI documents, he might get something back, but any references to us would be blacked out. If he requested documents related to us, he’d probably get nothing at all. But if he filed his PETA request along with privacy waivers signed by us, the FBI would be compelled to return all PETA documents that mention us—with the relevant details uncensored.

……….

Armed with signed privacy waivers, he sent out a few experimental requests—he calls them “submarine pings”—and when the FBI returned more than 100 pages on a close friend, he knew he’d struck gold. The response included pages of information that Shapiro had requested previously, but that the FBI had claimed didn’t exist. Using case details from those documents and a handful of additional waivers, he filed a new set of requests.

The FBI wants a Seven Year Stay on his requests.

Remember also, we are not talking about al Quaeda, we are talking about animal rights activists, folks who have not only killed fewer fewer people than Osama’s bully boys, but they have also killed fewer people than the militia movement and the anti-abortion movement.

I’d really like to see him at the helm of a well funded non-profit to continue his work once that he is done with dissertation.

We desperately need to enshrine the Swedish concept of Offentlighetsprincipen (openness) in our constitution.

Here is a video of one of his talks.

What he shows, it appears that there are no real security issues, but any close examination of their techniques and focus is pathetic and embarrassing.

This is the most common Real reason for the state security apparatus for invoking secrecy.  It’s not about protecting us, it is about covering their own asses.

You Must Read This

Digby explains how allowing torturers and over-aggressive prosecutors and cops to walk away from their crimes corrupts our entire society:

I think the rationale for this is the same one they use for failing to punish the CIA torturers — if we prosecute them they will be unwilling to take chances in the future and then criminals/terrorists will kill us all in our beds. This has always struck me as a fairly insulting indictment of public servants who take oaths to our constitution. It implies that unless they are given immunity in advance from any accountability they will refuse to do their job to protect and serve. And frankly, I don’t think that’s fair to them. Indeed, what’s happened is the opposite: there’s no advantage to being a straight arrow and following the rules so the incentives go the other way.

This is a sickness throughout our culture. Government authorities at all levels, from the cops who overuse the taser because they know there will be no ramifications if their torture leaves no mark to the top Justice Department torture advocates who are now feted as “experts” and heroes, there is little accountability. And it tars all the ones who do follow the rules of the constitution and just plain human decency with the same taint.

Read the whole thing.

Live In Obedient Fear, Citizen

Ibragim Todashev, who may or may not have been tied to something that alleged Boston Marathon Bomber Tamerlan, and who was shot by the FBI under circumstances that are still unclear.

Well, he had a girlfriend, and she has been slated for deportation and held in solitary confinement because she gave an interview to Boston Magazine:

Tatiana Gruzdeva, the girlfriend of Ibragim Todashev—the man shot by the FBI just after allegedly implicating himself and marathon bombing suspect Tamerlan Tsarnaev in a 2011 triple murder in Waltham—has been arrested in Florida by Department of Immigration and Customs Enforcement. In a collect call from Glades County Jail, where she said she is being held in solitary confinement, Tatiana Gruzdeva said that immigration officers told her she was being deported because of her interviews with Boston magazine.

The Glades County Sheriff’s Office confirmed that Gruzdeva is being held in the county jail.

Gruzdeva, 19, said she had gone to sign work papers at the local immigrations office at 11 p.m. Tuesday. She had been waiting for weeks for the work authorization form that would allow her to earn a living. Instead, she said, she was taken aside and arrested. “They said it’s because of interview,” she said. “I’m in the room by myself,” she said repeatedly, crying.

Whoever ordered this is a bad, bad, person.

How Ordinary People Can Do Heroic things………

Susan De Guardiolia has confronted the bureaucratic agents of tyranny, and she won:

Fundamentally, the routine expansion of what can only be described as a creeping police state can be stopped by citizens who know their rights.

You do not have to be a lawyer to do this.

You simply have to know a few things:

  • Am I being detained?
    • If the answer is no, leave.  If they refuse to answer, repeat the question, politely.
  • If a policeman asks to search your belongings (including vehicle), then they need your consent to search.  Clearly state your refusal to consent.

Police officers will frequently make voluntary compliance appear mandatory. 

Know your rights.

Live in Obedient Fear, Citizen

The owner of Lavabit, the now-shuttered secure email provider, has been told that he could be jailed for terminating his service:

The owner of an encrypted email service used by ex-NSA contractor Edward Snowden said he has been threatened with criminal charges for refusing to comply with a secret surveillance order to turn over information about his customers.

“I could be arrested for this action,” Ladar Levison told NBC News about his decision to shut down his company, Lavabit LLC, in protest over a secret court order he had received from a federal court that is overseeing the investigation into Snowden.

Lavabit said he was barred by federal law from elaborating on the order or any of his communications with federal prosecutors. But a source familiar with the matter told NBC News that James Trump, a senior litigation counsel in the U.S. attorney’s office in Alexandria, Va., sent an email to Levison’s lawyer last Thursday – the day Lavabit was shuttered — stating that Levison may have “violated the court order,” a statement that was interpreted as a possible threat to charge Levison with contempt of court.

This can be interpreted in two ways: Either they are threatening to jail him for fighting a broad subpoena in court, or they are threatening him because he shut down the service because he refused to run it as part of an ongoing and broad surveillance of his customers.

In either case, this is contemptible, even if it is nominally legal.

And They Want to Make this Motherf%$#er Head of Homeland Security?

It turns out that the New York Police Department, under the direction of its chief, Ray Kelly, designated mosques as terrorist organizations so that they could engage in unfettered surveillance:

The New York Police Department has secretly labeled entire mosques as terrorist organizations, a designation that allows police to use informants to record sermons and spy on imams, often without specific evidence of criminal wrongdoing.

Designating an entire mosque as a terrorism enterprise means that anyone who attends prayer services there is a potential subject of an investigation and fair game for surveillance.

Since the 9/11 attacks, the NYPD has opened at least a dozen “terrorism enterprise investigations” into mosques, according to interviews and confidential police documents. The TEI, as it is known, is a police tool intended to help investigate terrorist cells and the like.

Many TEIs stretch for years, allowing surveillance to continue even though the NYPD has never criminally charged a mosque or Islamic organization with operating as a terrorism enterprise.

So, not only dit Ray Kelly and his thugs in blue routinely violate people’s civil rights, they did not catch anyone.

It gets worse:

The NYPD did not limit its operations to collecting information on those who attended the mosques or led prayers. The department sought also to put people on the boards of New York’s Islamic institutions to fill intelligence gaps.

One confidential NYPD document shows police wanted to put informants in leadership positions at mosques and other organizations, including the Arab American Association of New York in Brooklyn, a secular social-service organization.

………

Before the NYPD could target mosques as terrorist groups, it had to persuade a federal judge to rewrite rules governing how police can monitor speech protected by the First Amendment.

The rules stemmed from a 1971 lawsuit, dubbed the Handschu case after lead plaintiff Barbara Handschu, over how the NYPD spied on protesters and liberals during the Vietnam War era.

………

NYPD lawyers proposed a new tactic, the TEI, that allowed officers to monitor political or religious speech whenever the “facts or circumstances reasonably indicate” that groups of two or more people were involved in plotting terrorism or other violent crime.

The judge rewrote the Handschu rules in 2003. In the first eight months under the new rules, the NYPD’s Intelligence Division opened at least 15 secret terrorism enterprise investigations, documents show. At least 10 targeted mosques.

Doing so allowed police, in effect, to treat anyone who attends prayer services as a potential suspect. Sermons, ordinarily protected by the First Amendment, could be monitored and recorded.

………

The NYPD believed the tactics were necessary to keep the city safe, a view that sometimes put it at odds with the FBI.

In August 2003, Cohen asked the FBI to install eavesdropping equipment inside a mosque called Masjid al-Farooq, including its prayer room.

Al-Farooq had a long history of radical ties. Omar Abdel Rahman, the blind Egyptian sheik who was convicted of plotting to blow up New York City landmarks, once preached briefly at Al-Farooq. Invited preachers raged against Israel, the United States and the Bush administration’s war on terror.

One of Cohen’s informants said an imam from another mosque had delivered $30,000 to an al-Farooq leader, and the NYPD suspected the money was for terrorism.

But Amy Jo Lyons, the FBI assistant special agent in charge for counterterrorism, refused to bug the mosque. She said the federal law wouldn’t permit it.

The NYPD made other arrangements. [NYPD deputy commissioner for intelligence and former CIA operative David] Cohen’s informants began to carry recording devices into mosques under investigation. They hid microphones in wristwatches and the electronic key fobs used to unlock car doors.

Even under a TEI, a prosecutor and a judge would have to approve bugging a mosque. But the informant taping was legal because New York law allows any party to record a conversation, even without consent from the others. Like the Islamic Society of Bay Ridge, the NYPD never demonstrated in court that al-Farooq was a terrorist enterprise but that didn’t stop the police from spying on the mosques for years.

Let’s be clear here, not only should Ray Kelly not he made head of DHS, he, and anyone who participated in this, should have their security clearances pulled.

They should be pulled immediately, and forever.

I Think that People are Finally Sick and Tired of Michael Bloomberg’s “Making the Trains Run on Time” Act

The New York City Council just overrode Bloomberg’s veto of police reforms:

The City Council voted Thursday to greatly increase oversight of the New York Police Department and of its widespread use of stop-and-frisk tactics.

Coming after historic crime declines stretching 20 years and aimed at a police force whose tactics long enjoyed strong support in City Hall and among many New Yorkers, the move on two bills marked a decisive swing of the pendulum toward reining in the practices of officers and the policies of their leaders.

The votes, a week and a half after a federal judge ruled aspects of police stops in the city unconstitutional, amounted to a stinging personal defeat for Mayor Michael R. Bloomberg. He has considered the policy to be central to one of his main achievements: a city safer than many hardened residents had thought possible.

The two bills, which the mayor had vetoed and will now become law, represented an effort by frustrated elected officials to force changes on the police from the outside — one through an outside inspector general with subpoena power to study and make policy recommendations to the department; and the other by opening state courts up to individual claims of bias-based policing and by expanding the categories of people entitled to sue.

Mr. Bloomberg immediately denounced the new laws as an effort to “outsource management of the N.Y.P.D. to unaccountable officials,” and he vowed to sue to stop the bill on expanding profiling claims. “It is a dangerous piece of legislation,” he said, “and we will ask the courts to step in before innocent people are harmed.”

For the mayor, who argued strenuously and repeatedly in public to head off the passage of the bills, the votes offered a stark reminder of his diminished ability to influence city politics in the waning months of his administration.

The 51-member Council, led by its speaker, Christine C. Quinn, enacted the two measures by voting to override Mr. Bloomberg’s earlier veto of both bills.

The Council voted overwhelmingly to create an independent inspector general for the department, with 39 in favor and 10 opposed. The second bill, which would expand the ability of New Yorkers to sue the police over bias-based profiling, passed with exactly the 34 votes necessary for an override. Ms. Quinn, who is running for mayor, voted against it. (Two members were absent from the vote.)

There are a lot of people who are just plain sick and tired of Michael Bloomberg.

Quote of the Day

When a government detains someone who is very clearly not a terrorist for nine hours without access to an attorney under a terrorism statute, that government has proven every point Greenwald wanted to make. The argument is over right there.

And every “progressive” with a beef against Greenwald who attempts to defend the UK’s actions does nothing more than prove Greenwald’s point. Governments that detain civil libertarian bloggers and journalists as terrorists deserve every heaping of scorn they get, as do those who defend them.

David Atkins

Every Time Something New Comes Out, the NSA Spying Scandal Gets Worse

First, we have Glenn Greenwald saying that the administration lied, and that Congress was never given sufficient information to evaluate surveillance programs:

Members of Congress have been repeatedly thwarted when attempting to learn basic information about the National Security Agency (NSA) and the secret FISA court which authorizes its activities, documents provided by two House members demonstrate.

From the beginning of the NSA controversy, the agency’s defenders have insisted that Congress is aware of the disclosed programs and exercises robust supervision over them. “These programs are subject to congressional oversight and congressional reauthorization and congressional debate,” President Obama said the day after the first story on NSA bulk collection of phone records was published in this space. “And if there are members of Congress who feel differently, then they should speak up.”

But members of Congress, including those in Obama’s party, have flatly denied knowing about them. On MSNBC on Wednesday night, Sen. Richard Blumenthal (D-Ct) was asked by host Chris Hayes: “How much are you learning about what the government that you are charged with overseeing and holding accountable is doing from the newspaper and how much of this do you know?” The Senator’s reply:

The revelations about the magnitude, the scope and scale of these surveillances, the metadata and the invasive actions surveillance of social media Web sites were indeed revelations to me.”

So, once again, we see that the Obama administration makes bald faced lies about it’s data collection of American citizens.

But it is not merely that members of Congress are unaware of the very existence of these programs, let alone their capabilities. Beyond that, members who seek out basic information – including about NSA programs they are required to vote on and FISA court (FISC) rulings on the legality of those programs – find that they are unable to obtain it.

At the bottom of the article, he notes that Alan Grayson was threatened with sanctions by the House Intelligence Committee for reprinting slides that the Guardian had put up on the web.

And by the way, that whole bit about them not spying on us? They are lying about that too, and not only are they lying to the American public, they are lying to judges and defense counsels as well:

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin – not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence – information that could reveal entrapment, mistakes or biased witnesses.

“I have never heard of anything like this at all,” said Nancy Gertner, a Harvard Law School professor who served as a federal judge from 1994 to 2011. Gertner and other legal experts said the program sounds more troubling than recent disclosures that the National Security Agency has been collecting domestic phone records. The NSA effort is geared toward stopping terrorists; the DEA program targets common criminals, primarily drug dealers.

“It is one thing to create special rules for national security,” Gertner said. “Ordinary crime is entirely different. It sounds like they are phonying up investigations.”

THE SPECIAL OPERATIONS DIVISION

The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred.

Today, much of the SOD’s work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked “Law Enforcement Sensitive,” a government categorization that is meant to keep them confidential.

“Remember that the utilization of SOD cannot be revealed or discussed in any investigative function,” a document presented to agents reads. The document specifically directs agents to omit the SOD’s involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use “normal investigative techniques to recreate the information provided by SOD.”

………

A dozen current or former federal agents interviewed by Reuters confirmed they had used parallel construction during their careers. Most defended the practice; some said they understood why those outside law enforcement might be concerned.

“It’s just like laundering money – you work it backwards to make it clean,” said Finn Selander, a DEA agent from 1991 to 2008 and now a member of a group called Law Enforcement Against Prohibition, which advocates legalizing and regulating narcotics.

Some defense lawyers and former prosecutors said that using “parallel construction” may be legal to establish probable cause for an arrest. But they said employing the practice as a means of disguising how an investigation began may violate pretrial discovery rules by burying evidence that could prove useful to criminal defendants.

………

One current federal prosecutor learned how agents were using SOD tips after a drug agent misled him, the prosecutor told Reuters. In a Florida drug case he was handling, the prosecutor said, a DEA agent told him the investigation of a U.S. citizen began with a tip from an informant. When the prosecutor pressed for more information, he said, a DEA supervisor intervened and revealed that the tip had actually come through the SOD and from an NSA intercept.

“I was pissed,” the prosecutor said. “Lying about where the information came from is a bad start if you’re trying to comply with the law because it can lead to all kinds of problems with discovery and candor to the court.” The prosecutor never filed charges in the case because he lost confidence in the investigation, he said.

So, “It’s only metadata,” it’s a lie. “We don’t knowingly use the NSA to spy on Americans,” it’s a lie.

You see a pattern?

Live in Obedient Fear, Citizen

It looks like the Feds are probably responsible for hacking an online anonymity service:

Security researchers tonight are poring over a piece of malicious software that takes advantage of a Firefox security vulnerability to identify some users of the privacy-protecting Tor anonymity network.

The malware showed up Sunday morning on multiple websites hosted by the anonymous hosting company Freedom Hosting. That would normally be considered a blatantly criminal “drive-by” hack attack, but nobody’s calling in the FBI this time. The FBI is the prime suspect.

“It just sends identifying information to some IP in Reston, Virginia,” says reverse-engineer Vlad Tsyrklevich. “It’s pretty clear that it’s FBI or it’s some other law enforcement agency that’s U.S.-based.”

If Tsrklevich and other researchers are right, the code is likely the first sample captured in the wild of the FBI’s “computer and internet protocol address verifier,” or CIPAV, the law enforcement spyware first reported by WIRED in 2007.

………

By midday Sunday, the code was being circulated and dissected all over the net. Mozilla confirmed the code exploits a critical memory management vulnerability in Firefox that was publicly reported on June 25, and is fixed in the latest version of the browser.

Though many older revisions of Firefox are vulnerable to that bug, the malware only targets Firefox 17 ESR, the version of Firefox that forms the basis of the Tor Browser Bundle – the easiest, most user-friendly package for using the Tor anonymity network.

“The malware payload could be trying to exploit potential bugs in Firefox 17 ESR, on which our Tor Browser is based,” the non-profit Tor Project wrote in a blog post Sunday. “We’re investigating these bugs and will fix them if we can.”

The inevitable conclusion is that the malware is designed specifically to attack the Tor browser. The strongest clue that the culprit is the FBI, beyond the circumstantial timing of Marques’ arrest, is that the malware does nothing but identify the target.

Anyone want to guess who is behind this?

Whoever is ultimately behind this, it’s been farmed out to a contractor, “According to Domaintools, the malware’s command-and-control IP address in Virginia is allocated to Science Applications International Corporation. Based in McLean, Virginia, SAIC is a major technology contractor for defense and intelligence agencies, including the FBI.” (SAIC refused comment)

SAIC isn’t doing this on its own.  Someone in the government is paying them to do this.

As  to whether or not there is a court order authorizing the FBI to plant malware on thousands of people’s machines, possibly, but we will never know, since it is almost certainly been finessed through the FISA court somehow..

A New Definition of Chutzpah………


Know your meme

Yes, John Pike, infamous as the Pepper Spray cop in Berkeley, who subsequently became a meme, and is now a poster boy for the banality of evil, has now filed for workmans’ comp:

The former UC police officer who was internationally condemned for pepper-spraying demonstrators at UC Davis is seeking workers’ compensation, saying he suffered psychiatric injury as a result of the November 2011 incident.

John Pike has a settlement conference set for Aug. 13 in Sacramento, according to the state Department of Industrial Relations’ website and an Associated Press report.

Pike was fired in July 2012, eight months after a task force investigation found that his action was unwarranted.

I’m beginning to think that the only folks out there with a bigger sense of entitlement than Congressional Republicans Newt Gingrich are bad cops.

Whenever the worm turns, and the scrutiny that they apply to others is applied to them, they employ every trick in the book to avoid justly deserved consequences.

Speaking of Fails………

How about that funny looking guy with the big ears?

You know, the one who ran against John McCain in 2008?

Well, there are reports that that he will nominate Bush Administration apparatchik James Comey as the next FBI director:

President Obama plans to nominate James B. Comey, a former senior Justice Department official in the George W. Bush administration, to replace Robert S. Mueller III as FBI director, according to two people with knowledge of the selection process.

Comey, 52, was at the center of some of the most bruising debates over counterterrorism during the Bush administration and established a reputation as a fierce defender of the law and the integrity of the Justice Department regardless of the political pressures of the moment.

The expected nomination of Comey, a Republican, was seen in some quarters as a bipartisan move by a president besieged by Republicans in Congress. But Chuck Hagel’s prior service as a Republican senator from Nebraska did not spare him from a bruising nomination battle for secretary of defense.

(emphasis mine)

Yes, more of the PPUS (Post Partisan Unity Schtick).  It does not work, and neither does starting the negotiation process with capitulation does a disservice to the basic morals on that Obama purports to believe it.

Notwithstanding the fact that he opposed one the most egregious excesses of the Cheney Bush administration, he is a bad guy, who has next to no interest in supporting civil rights, as the ACLU has observed:

FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org

WASHINGTON – Below is a statement from Anthony D. Romero, executive director of the American Civil Liberties Union, on President Obama’s reported plan to nominate James B. Comey as the next director of the Federal Bureau of Investigation.

“While the ACLU does not take official positions on nominations to appointed office, there are many questions regarding Comey’s record that deserve careful scrutiny from the Senate Judiciary Committee. As the second-highest ranked Justice Department official under John Ashcroft, Comey approved some of the worst abuses committed by the Bush administration. Specifically, the publicly available evidence indicates Comey signed off on enhanced interrogation techniques that constitute torture, including waterboarding. He also oversaw the indefinite detention without charge or trial of an American citizen picked up in the United States and then held for years in a military brig. Although Comey, despite tremendous pressure from the Bush White House, deserves credit for courageously stopping the reauthorization of a secret National Security Agency program, he reportedly approved programs that struck at the very core of who we all are as Americans.

“It’s critical that the Senate ensures that the men and women of the FBI know that they have a leader who will demand adherence to the rule of law and will hold those accountable who do not, wherever he or she may find them.”

Seeing the Obama administration’s consistently dismissive attitude towards civil rights (Worst Constitutional Law Professor Ever), they may see his role in the some of the worst excesses of the Bush administration, including torture, as a plus.