Quinn Norton: “It’s called ‘the crackpot realism of the present’” someone said to me, and handed me a note. I folded up the note, and stuffed it in my purse. This was a phrase used to explain, much more clearly than I was doing at the time, the bias of thinking that now is right, forgetting that the future will look back on our ideas with the same curious and horrified amusement we watch the human past with. It’s believing, without any good reason, that right now makes sense.
The present I was in right then didn’t make a lot of sense.
I was sitting in a cleared facility near Tyson’s Corner in Virginia, the beating heart of the industrial-military-intelligence-policing complex, the Office of the Director of National Intelligence. I was there to help the government. Of the places I did not expect to ever go, at least not of my free will, the ODNI would be up there.
A few weeks ago, a friend from the Institute for the Future [IFTF] asked me if I would fly to DC for a one day workshop on the future of identity with the Office of the Director of National Intelligence. “What?” I sputtered, “Did they google me?” and then, mentally: Duh. The ODNI can do a lot more than google me.
I knew IFTF had intel clients, with whom I have occasionally chatted at events in the past. My policy when confronted with spooks asking questions about how the world works is to give them as much information as I can — one of my biggest problems with how security services work is their lack of wisdom. If I can reach people in positions of power and persuade them to critically examine that power, I consider that a win. I also consider it a long shot.
An invite from the ODNI is a strange thing. I’ve been publicly critical of them, sometimes viciously so. A few days earlier I tweeted that their director should be publicly tried for lying to Congress. I’ve written about the toxicity of the NSA spying (under ODNI direction), the corrupt fictions of Anonymous staged by the FBI (FBI/NSB is within ODNI’s area) and spoken out countless times in the last eight years against warrantless spying. I have even less love for the FBI and DOJ.
I turned the offer over in my head. I was influenced by a few things –yes it was paid, but not well paid. It was what I normally get from IFTF for a day of my time, and given the travel commitment, a bit low. I weighed the official imprimatur of involvement, and that was a factor. I am afraid of being pursued and harassed by my government. This has never happened to me in relation to my work, though I have been turned down for housing by people who feared I might bring police attention. It has to my friends, sources and associates. I know what it feels like, what they do when you’re a target, because I have been subject to terrorizing tactics and harassment because of whom I chose to love. I have publicly acknowledged that I self-censor because of this fear. I have a child to raise, and you can’t do that while you fight for your life and freedom in court. Raising my profile with the government as an expert probably makes me harder to harass.
I told my IFTF contact I don’t sign NDAs (which he already knew) and that I’d have to be public about my attendance and write about it. He told me they were publicly publishing their work for the ODNI too. “Huh,” I said to my screen. The organizers were on board with all of it. They wanted me in particular.
Finally, I thought about the hell I would get from the internet — like government harassment, internet harassment is part of the difficult and hated process of self-censorship for me.
In the end, I said yes, because you only get so far talking to your friends. [Continue reading...]
New York magazine reports: The story of Michael Brown’s death has in no small part been a story of police overreaction. The local force evidently killed an unarmed teenager, and then suited up as if going to war to police the generally peaceful protests that followed. And it’s revealed an irony: Over the past generation or so, we’ve militarized our police to protect a public that has broadly become less and less violent.
It all starts back in 1990, a time when the country found itself with less demand for military equipment abroad and new use for it back home. Within our shores, the drug wars were escalating; gang violence was surging; and sociologists were warning of sociopathic child “superpredators.” At the same time, the military was starting to shrink as the Cold War ended. Put two and two together and you get the 1033 program, which transferred assets from the military to the police. (Here’s a capsule history.)
A bigger flush of money and equipment followed in the wake of the September 11 attacks, the Times reports, when the federal government equipped local police outfits to be the front line of the Global War on Terror:
Department of Homeland Security grant money paid for the $360,000 Bearcat armored truck on patrol in Ferguson, said Nick Gragnani, executive director of St. Louis Area Regional Response System, which administers such grants for the St. Louis area.
Since 2003, the group has spent $9.4 million on equipment for the police in St. Louis County. That includes $3.6 million for two helicopters, plus the Bearcat, other vehicles and night vision equipment. Most of the body armor worn by officers responding to the Ferguson protests was paid for with federal money, Mr. Gragnani said.
“The focus is terrorism, but it’s allowed to do a crossover for other types of responses,” he said. “It’s for any type of civil unrest. We went by the grant guidance. There was no restriction put on that by the federal government.”
Eli Clifton reports: On the same evening last November that world powers announced an interim deal with Iran, halting its nuclear progress in exchange for a modest easing of sanctions, United Against Nuclear Iran (UANI) put out a statement complaining that the agreement was a “disappointment” and “provides disproportionate sanctions relief to Iran.” The group’s executive director, former U.S. diplomat Mark Wallace, suggested that no sanctions relief was appropriate as part of an interim deal: “By rolling back sanctions now, the international community is significantly lessening the pressure on Iran’s economy.”
That same group, at the end of July, turned up in a bit of intrigue: the New York Times revealed that the Justice Department had stepped in to a defamation suit against UANI to prevent the disclosure of documents revealing the group’s donors, among other information. UANI serves as a key pressure group for the enforcement of sanctions, frequently issuing reports and press releases about companies doing illicit business with Iran.
The Times reported that lawyers representing Greek shipping magnate Victor Restis, the plaintiff in the suit, accused UANI of receiving foreign funding and shaking down companies for donations. UANI had earlier accused Restis and his company of being “front men for the illicit activities of the Iranian regime.”
But it remains unclear what potential revelations the Justice Department is concerned about.
Among the pieces of heretofore undisclosed information the Justice Department’s shield might prevent from coming to light is the connection between UANI and one of the biggest investors in precious metals, Thomas S. Kaplan. Kaplan has emerged as one of the business world’s most outspoken proponents of investing in gold and other precious metals, investments he says will retain or appreciate in value during periods of political and economic unrest. [Continue reading...]
The New York Times reports: The Obama administration has gone to court to protect the files of an influential anti-Iran advocacy group, saying they likely contain information the government does not want disclosed.
The highly unusual move by the Justice Department raises questions about the connections between the American government and the group, United Against Nuclear Iran, a hard-line voice seeking to prevent Iran from obtaining nuclear weapons. The group has a roster of prominent former government officials and a reputation for uncovering information about companies that sometimes do business with Iran, in violation of international sanctions.
The Justice Department has temporarily blocked the group from having to reveal its donor list and other internal documents in a defamation lawsuit filed by a Greek shipping magnate the group accused of doing business with Iran. Government lawyers said they had a “good faith basis to believe that certain information” would jeopardize law enforcement investigations, reveal investigative techniques or identify confidential sources if released. [Continue reading...]
electrospaces.net: [O]n July 9, 2014, Glenn Greenwald published an article which he earlier announced as being the grand finale of the Snowden-revelations. It would demonstrate that NSA is also spying on ordinary American citizens, something that would clearly be illegal.
The report is titled “Meet the Muslim-American Leaders the FBI and NSA Have Been Spying On” and it tells the story of Faisal Gill, Asim Ghafoor, Hooshang Amirahmadi, Agha Saeed and Nihad Awad whose e-mail addresses were found in an NSA file from the Snowden-trove. Although the article confusingly mentions both FBI and NSA, many people and media got the impression that this was the long-awaited major NSA abuse scandal.
But as we will show here, the document that was published contains no evidence of any involvement of the NSA in this particular case. Everything indicates that it was actually an FBI operation, so it seems not justified to have NSA mentioned in the article. [Continue reading...]
Shane Harris writes: Believe it or not, some officials at the National Security Agency are breathing a sigh of relief over Glenn Greenwald’s new exposé on the government’s secret surveillance of U.S. citizens. That’s because it’s the FBI that finds itself in the cross-hairs now, in a story that identifies by name five men, including prominent Muslim American civil rights activists and lawyers, whose emails were monitored by the FBI using a law meant to target suspected terrorists and spies. The targets of the spying allege that they were singled out because of their race, religion, and political views — accusations that, if true, would amount to the biggest domestic intelligence scandal in a generation and eclipse any of the prior year’s revelations from documents provided by leaker Edward Snowden.
After a year in which the digital spies at the NSA have taken unrelenting heat on Capitol Hill and in the media, it’s rare for the FBI to come under scrutiny — and that’s surprising, given the central role that the bureau plays in conducting surveillance operations, including all secret intelligence-gathering aimed at Americans inside the United States. “It’s an important point of distinction that it was the FBI directing this, not the NSA,” said a former senior intelligence official, welcoming the shift in focus away from the beleaguered spy agency to its often-overlooked partner.
Ever since the 9/11 attacks, the FBI has been frequently cast as the judicious and measured army of the war on terror, the home to interrogation experts who know how to coax secrets out of detained terrorists without resorting to the “enhanced techniques” of the CIA. But now, the FBI, and with it the Justice Department, finds itself exposed for spying on Americans who were never accused of any crime, and in the position of having to defend and explain its reasoning for taking that intrusive step. [Continue reading...]
The Intercept reports: The National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans—including a political candidate and several civil rights activists, academics, and lawyers—under secretive procedures intended to target terrorists and foreign spies.
According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:
• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;
• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;
• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;
• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;
• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.
The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap” — short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens.
The spreadsheet shows 7,485 email addresses listed as monitored between 2002 and 2008. Many of the email addresses on the list appear to belong to foreigners whom the government believes are linked to Al Qaeda, Hamas, and Hezbollah. Among the Americans on the list are individuals long accused of terrorist activity, including Anwar al-Awlaki and Samir Khan, who were killed in a 2011 drone strike in Yemen.
But a three-month investigation by The Intercept — including interviews with more than a dozen current and former federal law enforcement officials involved in the FISA process — reveals that in practice, the system for authorizing NSA surveillance affords the government wide latitude in spying on U.S. citizens. [Continue reading...]
Jameel Jaffer writes: A federal appellate court’s publication on Monday of the so-called “drone memo” finally allows the American public to evaluate the legal theories that were the basis for one of the Obama administration’s most controversial acts – the extrajudicial killing of an American citizen.
Authored three years ago by the Justice Department’s Office of Legal Counsel (OLC), the 41-page memo contends that the president has broad power to carry out the targeted killing of terrorism suspects, even in geographic areas far removed from conventional battlefields.
The publication of the memo is a victory for transparency – the result of hard-fought litigation by the American Civil Liberties Union and the New York Times. (I argued the ACLU’s case before the appellate court.) It is a very rare thing for a federal court in the United States to order the release of information that the government contends is properly classified. In transparency litigation in the national-security sphere, the courts almost invariably defer. That the court declined to defer here suggests that it found the arguments from the Obama administration to be not simply unpersuasive but wholly without foundation.
But despite the release of the drone memo, the American public still does not have the information it needs in order to evaluate the lawfulness and wisdom of its government’s policies. Indeed, to read through the memo is to be reminded of how successful the Obama administration has been at rationing even the most basic information. [Continue reading...]
The New York Times reports: The Supreme Court on Monday turned down an appeal from James Risen, a reporter for The New York Times facing jail for refusing to identify a confidential source.
The court’s one-line order gave no reasons but effectively sided with the government in a confrontation between what prosecutors said was an imperative to secure evidence in a national security prosecution and what journalists said was an intolerable infringement of press freedom.
The case arose from a subpoena to Mr. Risen seeking information about his source for a chapter of his 2006 book, “State of War.” Prosecutors say they need Mr. Risen’s testimony to prove that the source was Jeffrey Sterling, a former C.I.A. official.
The New York Times reports: One week after the Obama administration said it would comply with a federal appeals court ruling ordering it to make public portions of a Justice Department memo that signed off on the targeted killing of a United States citizen, the administration is now asking the court for permission to censor additional passages of the document.
In the interim, the Senate voted narrowly last week to confirm David Barron, the former Justice Department official who was the memo’s principal author, to an appeals court judgeship. At least one Democratic senator who had opposed Mr. Barron over the secrecy surrounding his memo voted for him after the administration said it would release it.
The 41-page memo, dated July 16, 2010, cleared the way for a drone strike in Yemen in September 2011 that killed Anwar al-Awlaki, an American citizen accused by intelligence officials of plotting terrorist attacks. The American Civil Liberties Union and The New York Times are seeking the memo’s public disclosure in lawsuits under the Freedom of Information Act.[Continue reading...]
The Wall Street Journal reports: The Justice Department indicted five Chinese military officers, alleging they hacked U.S. companies’ computers to steal trade secrets, a major escalation in the fight between the two superpowers over economic espionage.
The indictment, unsealed Monday, marks the first time the U.S. government has publicly accused employees of a foreign power with cybercrimes against American firms. It also marks the most extensive formal allegations by the government of the kind of hacking that American corporations have long complained about, but until now have rarely acknowledged.
Among those named as victims in the document are brand names from America’s industrial heartland, including U.S. Steel Corp., Westinghouse Electric Co. and Alcoa Inc.
U.S. officials said other cases relating to China are being prepared. In addition, alleged hackers in Russia are likely to be charged soon, according to people familiar with the government’s investigations. U.S. agencies have also been investigating incidents with possible ties to Iran and Syria, these people say.
It is unlikely the suspects will ever be brought to trial in the U.S., since there is no extradition treaty with China. Yet in publicly naming the five, and providing details in a 48-page indictment, the Obama administration is ratcheting up the political and diplomatic costs to China and others if they use computers to steal secrets or attack U.S. interests. [Continue reading...]
Reuters adds: China on Tuesday summoned the U.S. ambassador in Beijing and warned it would retaliate if Washington followed through with the charges. It said the affair would damage “mutual trust”.
At the centre of the row is a nondescript tower block in the northern suburbs of China’s financial capital Shanghai, home to Chinese People’s Liberation Army (PLA) Unit 61398.
The 12-storey block houses as many as several thousand staff, according to Mandiant, a U.S. cyber security firm recently acquired by global network security company FireEye Inc . Mandiant identified the location as the source of a large number of espionage operations in a 70-page report last year. [Continue reading...]
CNET reports: Law enforcement officials from 19 countries joined forces over the last two days to takedown nearly 100 alleged hackers. These purported hackers were said to be creating, selling, and using what the FBI calls a “particularly insidious” computer malware known as BlackShades.
Over the course of the operation, officials’ searched 359 houses and confiscated more than 1,100 data storage devices, such as computers, laptops, cell phones, routers, external hard drives, and USB memory sticks. Law enforcement also seized “substantial quantities” of cash, illegal firearms, and drugs, according to the European Union’s law enforcement agency Europol.
BlackShades is a type of malicious software that acts as a Remote Access Tool, or RAT — letting users remotely control a victim’s computer. Once a hacker installs BlackShades onto a victim’s computer, they can see anything on the computer, such as documents, photographs, passwords, banking credentials, and more. They can also deny access to files, record victims’ keystrokes, and activate the computer’s webcam.
One case of BlackShades use documented by Europol involved an 18-year-old man from the Netherlands who allegedly infected roughly 2,000 computers to take photos of women and girls who were using the machines.
Since 2010, BlackShades has been distributed and sold to thousands of people worldwide in more than 100 countries and used to infect more than half a million computers, according the FBI. Certain versions of the malware can be bought for as little as $40. [Continue reading...]
Jeff Stein reports: When White House national security advisor Susan Rice’s security detail cleared her Jerusalem hotel suite for bugs and intruders Tuesday night, they might’ve had in mind a surprise visitor to Vice President Al Gore’s room 16 years ago this week: a spy in an air duct.
According to a senior former U.S. intelligence operative, a Secret Service agent who was enjoying a moment of solitude in Gore’s bathroom before the Veep arrived heard a metallic scraping sound. “The Secret Service had secured [Gore’s] room in advance and they all left except for one agent, who decided to take a long, slow time on the pot,” the operative recalled for Newsweek. “So the room was all quiet, he was just meditating on his toes, and he hears a noise in the vent. And he sees the vent clips being moved from the inside. And then he sees a guy starting to exit the vent into the room.”
Did the agent scramble for his gun? No, the former operative said with a chuckle. “He kind of coughed and the guy went back into the vents.”
To some, the incident stands as an apt metaphor for the behind-closed-doors relations between Israel and America, “frenemies” even in the best of times. The brazen air-duct caper “crossed the line” of acceptable behavior between friendly intelligence services – but because it was done by Israel, it was quickly hushed up by U.S. officials.
Despite strident denials this week by Israeli officials, Israel has been caught carrying out aggressive espionage operations against American targets for decades, according to U.S. intelligence officials and congressional sources. And they still do it. They just don’t get arrested very often. [Continue reading...]
Bloomberg reports: The Obama administration is letting law enforcement keep computer-security flaws secret in order to further U.S. investigations of cyberspies and hackers.
The White House has carved out an exception for the Federal Bureau of Investigation and other agencies to keep information about software vulnerabilities from manufacturers and the public. Until now, most debate has focused on how the National Security Agency stockpiles and uses new-found Internet weaknesses, known as zero-day exploits, for offensive purposes, such as attacking the networks of adversaries.
The law enforcement operations expose a delicate and complicated balancing act when it comes to agencies using serious security flaws in investigations versus disclosing them to protect all Internet users, according to former government officials and privacy advocates. [Continue reading...]
Lisa Guenther writes: I first met Five Omar Mualimm-ak at a forum on solitary confinement in New York City. He wore track shoes with his tailored suit. ‘As long as the Prison Industrial Complex keeps running, so will I,’ he explained. After hearing him speak about the connections between racism, poverty, mass incarceration and police violence, I invited Five to speak at a conference I was organising in Nashville, Tennessee. He arrived, as always, in a suit and track shoes. As we walked across campus to a conference reception, I worked up the courage to ask him how he got his name. He told me: ‘I spent five years in solitary confinement, and when I came out I was a different person.’
In an article for The Guardian last October, Five described his isolation as a process of sensory and existential annihilation:
After only a short time in solitary, I felt all of my senses begin to diminish. There was nothing to see but grey walls. In New York’s so-called special housing units, or SHUs, most cells have solid steel doors, and many do not have windows. You cannot even tape up pictures or photographs; they must be kept in an envelope. To fight the blankness, I counted bricks and measured the walls. I stared obsessively at the bolts on the door to my cell.
There was nothing to hear except empty, echoing voices from other parts of the prison. I was so lonely that I hallucinated words coming out of the wind. They sounded like whispers. Sometimes, I smelled the paint on the wall, but more often, I just smelled myself, revolted by my own scent.
There was no touch. My food was pushed through a slot. Doors were activated by buzzers, even the one that led to a literal cage directly outside of my cell for one hour per day of ‘recreation’.
Even time had no meaning in the SHU. The lights were kept on for 24 hours. I often found myself wondering if an event I was recollecting had happened that morning or days before. I talked to myself. I began to get scared that the guards would come in and kill me and leave me hanging in the cell. Who would know if something happened to me? Just as I was invisible, so was the space I inhabited.
The very essence of life, I came to learn during those seemingly endless days, is human contact, and the affirmation of existence that comes with it. Losing that contact, you lose your sense of identity. You become nothing.
Five’s experience of solitary confinement is extreme, but it’s not atypical. His feeling of disconnection from the world, to the point of losing his capacity to make sense of his own identity and existence, raises philosophical questions about the relation between sense perception, sociality, and a meaningful life. Why does prolonged isolation typically corrode a prisoner’s ability to perceive the world and to sustain a meaningful connection with his own existence? The short answer to this question is that we are social beings who rely on our interactions with other people to make sense of things. But what does it mean to exist socially, and what is the precise connection between our relations with others, our perception of the world, and the affirmation of our own existence?
My response to this question is shaped by the philosophical practice of phenomenology. Phenomenology begins with a description of lived experience and reflects on the structures that make this experience possible and meaningful. The main insight of phenomenology is that consciousness is relational. [Continue reading...]
Why kidnapping, torture, assassination, and perjury are no longer crimes in Washington
By Tom Engelhardt
How the mighty have fallen. Once known as “Obama’s favorite general,” James Cartwright will soon don a prison uniform and, thanks to a plea deal, spend 13 months behind bars. Involved in setting up the earliest military cyberforce inside U.S. Strategic Command, which he led from 2004 to 2007, Cartwright also played a role in launching the first cyberwar in history — the release of the Stuxnet virus against Iran’s nuclear program. A Justice Department investigation found that, in 2012, he leaked information on the development of that virus to David Sanger of the New York Times. The result: a front-page piece revealing its existence, and so the American cyber-campaign against Iran, to the American public. It was considered a serious breach of national security. On Thursday, the retired four-star general stood in front of a U.S. district judge who told him that his “criminal act” was “a very serious one” and had been “committed by a national security expert who lost his moral compass.” It was a remarkable ending for a man who nearly reached the heights of Pentagon power, was almost appointed chairman of the Joint Chiefs of Staff, and had the president’s ear.
In fact, Gen. James Cartwright has not gone to jail and the above paragraph remains — as yet — a grim Washington fairy tale. There is indeed a Justice Department investigation open against the president’s “favorite general” (as Washington scribe to the stars Bob Woodward once labeled him) for the possible leaking of information on that virus to the New York Times, but that’s all. He remains quite active in private life, holding the Harold Brown Chair in Defense Policy Studies at the Center for Strategic and International Studies, as a consultant to ABC News, and on the board of Raytheon, among other things. He has suffered but a single penalty so far: he was stripped of his security clearance.
A different leaker actually agreed to that plea deal for the 13-month jail term. Nearly three weeks ago, ex-State Department intelligence analyst Stephen E. Kim pled guilty to “an unauthorized disclosure of national defense information.” He stood before U.S. District Judge Colleen Kollar-Kotelly, who offered those stern words of admonition, and took responsibility for passing classified information on the North Korean nuclear program to Fox News reporter James Rosen in 2009.
Still, someday Cartwright might prove to be unique in the annals of Obama era jurisprudence — the only Washington figure of any significance in these years to be given a jail sentence for a crime of state. Whatever happens to him, his ongoing case highlights a singular fact: that there is but one crime for which anyone in America’s national security state can be held accountable in a court of law, and that’s leaking information that might put those in it in a bad light or simply let the American public know something more about what its government is really doing.
If this weren’t Washington 2014, but rather George Orwell’s novel 1984, then the sign emblazoned on the front of the Ministry of Truth — “War is Peace, Freedom is Slavery, Ignorance is Strength” — would have to be amended to add a fourth slogan: Knowledge is Crime.
FBI abruptly walks out on Senate briefing after being asked how ‘insider threat’ program avoids whistleblowers
Mike Masnick writes: While we’ve been disappointed that Senator Chuck Grassley appears to have a bit of a double standard with his staunch support for whistleblowers when it comes to Ed Snowden, it is true that he has fought for real whistleblower protections for quite some time. Lately, he’s been quite concerned that the White House’s “Insider Threat Program” (ITP) is really just a cover to crack down on whistleblowers. As we’ve noted, despite early promises from the Obama administration to support and protect whistleblowers, the administration has led the largest crackdown against whistleblowers, and the ITP suggests that the attack on whistleblowers is a calculated response. The program documentation argues that any leak can be seen as “aiding the enemy” and encourages government employees to snitch on each other if they appear too concerned about government wrong-doing. Despite all his high minded talk of supporting whistleblowers, President Obama has used the Espionage Act against whistleblowers twice as many times as all other Presidents combined. Also, he has never — not once — praised someone for blowing the whistle in the federal government.
Given all of that, Senator Grassley expressed some concern about this Insider Threat Program and how it distinguished whistleblowers from actual threats. He asked the FBI for copies of its training manual on the program, which it refused to give him. Instead, it said it could better answer any questions at a hearing. However, as Grassley explains, when questioned about this just 10 minutes into the hearing, the FBI abruptly got up and left: [Continue reading...]
The Associated Press reports: Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev say the FBI asked his older brother and fellow suspect to be an informant on the Chechen and Muslim community.
In court filings Friday, the defense asked a judge to order federal prosecutors to turn over any evidence on brother Tamerlan Tsarnaev, arguing that it could help persuade a jury to spare Dzhokhar Tsarnaev the death penalty if it supports the defense theory Tamerlan was the “main instigator” of the deadly bombing.
Dzhokhar’s lawyers say they want records of all FBI contact with Tamerlan based on information from the Tsarnaev family and others that the FBI “questioned Tamerlan about his Internet searches, and asked him to be an informant, reporting on the Chechen and Muslim community.”
The defense notes that a report issued earlier this week by the House Homeland Security Committee suggests that government agents monitored Tamerlan and his communications during 2011 and possibly 2012. The report said the FBI Joint Terrorism Task Force conducted a threat assessment of Tamerlan, an ethnic Chechen from southern Russia, in response to a 2011 alert from the Russian government that he was becoming radicalized.
Dzhokhar’s lawyers wrote: “Any surveillance, evidence, or interviews showing that Tamerlan’s pursuit of jihad predated Dzhokhar’s would tend to support the theory that Tamerlan was the main instigator of the tragic events that followed.” [Continue reading...]