Category Archives: Department of Justice

American paranoia and govt. red tape creates multiple barriers for Syrian refugees

Olivia Goldhill writes: [O]nce the US agrees, in theory, to resettle a refugee, authorities then begin a laborious vetting process that can take up to two years, a State Department spokesman told Voice of America.

The refugees, who have already been vetted by the UN, must then be screened by US authorities — involving the National Counterterrorism Center, the Terrorist Screening Center, the Department of Defense, the FBI, and Homeland Security officers, former State Department spokeswoman Jen Psaki said in February.

Syrians who have been approved for resettlement are often survivors of torture, female-led families without protection, and unaccompanied minors. They can be in danger throughout the vetting process, and delays are common, Daryl Grisgraber, senior advocate for the Middle East and North Africa at Refugees International, tells Quartz.

“Once the person is cleared medically, that medical clearance may even expire while the security check is happening,” she says from Washington. “There’s a whole cycle that makes the process quite slow.”

Syrian refugees face particularly long delays because of anxieties about terrorism in the Middle East. But excessive fears can make the resettlement process redundant. The US does not accept refugees who have given “material support” to armed groups, but this has previously been used to block people for the slightest excuse — a Burundi refugee was detained for 20 months because armed rebels robbed him of $4 and his lunch. The immigration judge decided this counted as “material support.” [Continue reading…]

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AP sues over access to FBI records involving fake news story

The Associated Press reports: The Associated Press sued the U.S. Department of Justice Thursday over the FBI’s failure to provide public records related to the creation of a fake news story used to plant surveillance software on a suspect’s computer.

AP joined with the Reporters Committee for Freedom of the Press to file the lawsuit in U.S. District Court for the District of Columbia.

At issue is a 2014 Freedom of Information request seeking documents related to the FBI’s decision to send a web link to the fake article to a 15-year-old boy suspected of making bomb threats to a high school near Olympia, Washington. The link enabled the FBI to infect the suspect’s computer with software that revealed its location and Internet address.

AP strongly objected to the ruse, which was uncovered last year in documents obtained through a separate FOIA request made by the Electronic Frontier Foundation. [Continue reading…]

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Justice Dept. hit with lawsuit after refusing to disclose rules for spying on journalists

AllGov reports: The U.S. Department of Justice has refused to reveal its rules for spying on the media, prompting one group representing journalists to sue the agency in federal court.

The Freedom of the Press Foundation filed a lawsuit with the U.S. District Court in San Francisco seeking documents under the Freedom of Information Act that document Federal Bureau of Investigation (FBI) procedures for issuing national security letters to spy on the media. The Justice Department has so far refused to release the information or even respond to the FOIA request the foundation made in March.

Victoria Baranetsky, the foundation’s attorney, told Courthouse News Service obtaining the records and publishing them “is necessary to deter chilling effects on the press and its sources, especially given recent years during which the Obama Administration has increased surveillance of reporters.” [Continue reading…]

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What’s inside the Justice Department’s secret cybersecurity memo?

National Journal reports: Sen. Ron Wyden has many problems with the cybersecurity bill that the Senate may take up before the August recess.

But he can only talk about some of them publicly. Other reservations remain strictly classified.

Wyden, the Democratic privacy hawk from Oregon, claims that a classified Justice Department legal opinion written during the early years of the George W. Bush administration is pertinent to the upper chamber’s consideration of cyberlegislation — a warning that reminds close observers of his allusions to the National Security Agency’s surveillance powers years before they were exposed publicly by Edward Snowden. [Continue reading…]

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Laura Poitras sues U.S. government to find out why she was repeatedly stopped at the border

The Intercept reports: Over six years, filmmaker Laura Poitras was searched, interrogated and detained more than 50 times at U.S. and foreign airports.

When she asked why, U.S. agencies wouldn’t say.

Now, after receiving no response to her Freedom of Information Act requests for documents pertaining to her systemic targeting, Poitras is suing the U.S. government.

In a complaint filed on Monday afternoon, Poitras demanded that the Department of Justice, the Department of Homeland Security, and the Office of the Director of National Intelligence release any and all documentation pertaining to her tracking, targeting and questioning while traveling between 2006 and 2012. [Continue reading…]

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U.S. Justice Department must investigate American Psychological Association’s role in U.S. torture program

Physicians for Human Rights today called for a federal criminal probe into the American Psychological Association’s (APA) role in the U.S. torture program following the release of a damning new report that confirms the APA colluded with the Bush administration to enable psychologists to design, implement, and defend a program of torture. In light of the 542-page independent report first reported by The New York Times, PHR again called for a full investigation by the U.S. Department of Justice.

“The corruption of a health professional organization at this level is an extraordinary betrayal of both ethics and the law, and demands an investigation and appropriate prosecutions,” said Donna McKay, PHR’s executive director. “Rather than uphold the principle of ‘do no harm,’ APA leadership subverted its own ethics policies and sabotaged all efforts at enforcement.” [Continue reading…]

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U.S. runs hundreds of counter-terrorism investigations: DOJ official

Reuters reports: U.S. authorities are pursuing hundreds of active counter-terrorism investigations embracing all 50 American states, a senior U.S. Justice Department official said on Wednesday.

John Carlin, Assistant U.S. Attorney General in charge of the department’s National Security Division, speaking to journalists in London, said in the last two weeks alone, federal authorities had made 10 counter-terrorism related arrests.

A second U.S. official indicated that investigators believed some of these cases involved potentially active attack plots, though he provided no details.

The Islamic State “wants individuals to conduct an attack in the United States and they are doing everything they can to try to advance that goal,” said Carlin, whose visit to Britain included consultations with British security officials.

Over the last six months, Carlin said, U.S. investigators had noticed a change in tactics by the Syria-based Islamic State group. The group had become particularly adept at using social media to pitch sophisticated recruitment messages towards an increasingly young target audience.

Sixty percent of the Islamic State’s target audience, by the official’s estimate, is aged 25 or younger and a substantial subset of that group are under 21, including many juveniles. [Continue reading…]

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Lawsuit targets top Bush officials who led witch hunt against Muslims after 9/11

The Associated Press reports: It has been nearly 14 years since the Sept. 11 attacks, but a lawsuit on behalf of Muslims rounded up in the aftermath has barely moved forward as lawyers try to show how frightening it was for hundreds of men with no ties to terrorism to be treated like terrorists, locked up and abused for months at a time.

The lawsuit finally got a green light from a federal appeals court last week, with two judges willing to let the courts grapple with what happened in the days after the worst terrorist attack in American history, when the largest criminal probe in U.S. history tested the boundaries of civil liberties.

In a 2-1 ruling, the 2nd U.S. Circuit Court of Appeals reinstated the lawsuit against three former top U.S. officials, including then-Attorney General John Ashcroft and FBI Director Robert Mueller.

Holding the defendants “in solitary confinement 23 hours a day with regular strip searches because their perceived faith or race placed them in the group targeted for recruitment by al-Qaida violated the detainees’ Constitutional rights,” the majority wrote. “The suffering endured by those who were imprisoned merely because they were caught up in the hysteria of the days immediately following 9/11 is not without a remedy.” [Continue reading…]

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FBI agent: The CIA could have stopped 9/11

Jeff Stein reports: Mark Rossini, a former FBI special agent at the center of an enduring mystery related to the September 11, 2001 terrorist attacks, says he is “appalled” by the newly declassified statements by former CIA Director George Tenet defending the spy agency’s efforts to detect and stop the plot.

Rossini, who was assigned to the CIA’s Counterterrorism Center (CTC) at the time of the attacks, has long maintained that the U.S. government has covered up secret relations between the spy agency and Saudi individuals who may have abetted the plot. Fifteen of the 19 hijackers who flew commercial airliners into the World Trade Center towers, the Pentagon, and a failed effort to crash into the U.S. Capitol, were Saudis.

A heavily redacted 2005 CIA inspector general’s report, parts of which had previously been released, was further declassified earlier this month. It found that agency investigators “encountered no evidence” that the government of Saudi Arabia “knowingly and willingly supported” Al-Qaeda terrorists. It added that some CIA officers had “speculated” that “dissident sympathizers within the government” may have supported Osama bin Laden but that “the reporting was too sparse to determine with any accuracy such support.” [Continue reading…]

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With ISIS using instant messaging apps, FBI seeks access to data

The Los Angeles Times reports: Islamic State militants and their followers have discovered an unnerving new communications and recruiting tool that has stymied U.S. counter-terrorism agencies: instant messaging apps on smartphones that encrypt the texts or destroy them almost immediately.

In many cases, U.S. intelligence and law enforcement agencies can’t read the messages in real time, or even later with a court order, because the phone companies and the app developers say they can’t unlock the coded text and don’t retain a record of the exchanges.

“We’re past going dark in certain instances,” said Michael B. Steinbach, the FBI’s top counter-terrorism official. “We are dark.”

The hole in U.S. surveillance capabilities was not mentioned during the recent congressional battle over the National Security Agency’s bulk collection of U.S. landline and cellphone data. Lawmakers ultimately agreed to scale back that program because of concerns it violated Americans’ privacy.

FBI officials now want Congress to expand their authority to tap into messaging apps such as WhatsApp and Kik, as well as data-destroying apps such as Wickr and Surespot, that hundreds of millions of people — and apparently some militants — have embraced precisely because they guarantee security and anonymity. [Continue reading…]

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Muslim Congressmen call on Obama administration to investigate armed rally at Phoenix mosque

Huffington Post reports: Reps. Keith Ellison (D-Minn.) and André Carson (D-Ind.) sent a letter to Attorney General Loretta Lynch on Thursday requesting a Justice Department investigation on whether armed protests outside a mosque in Phoenix violated the worshippers’ First Amendment-guaranteed freedom to practice religion.

“The decision to bring assault weapons to the mosque demonstrates intent to create a hostile environment to intimidate worshipers, a clear attempt to infringe on the First Amendment rights of the worshipers [sic],” the letter reads.

Last Friday, a biker gang of about 250 armed protesters, carrying assault rifles, pistols, American flags and depictions of the Prophet Muhammad assembled outside of the Islamic Community Center of Phoenix. The mosque had previously been attended by the two gunmen from Phoenix who opened gunfire on an anti-Islam event featuring a controversial “Draw Muhammad” contest in Garland, Texas, in May.

The rally outside the mosque was organized by Iraq war veteran Jon Ritzheimer, who said it was in retaliation for the attack in Garland, as well as “to expose the true colors of Islam.”

“True Islam is terrorism,” Ritzheimer told CNN last week.

Ellison and Carson, the only two Muslims in Congress, allege that the armed protests could also be a violation of the Freedom of Access to Clinic Entrances Act, a bill passed in 1994. The law, they note, outlaws “‘attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship.'” [Continue reading…]

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FBI behind mysterious surveillance aircraft over U.S. cities

The Associated Press reports: The FBI is operating a small air force with scores of low-flying planes across the country carrying video and, at times, cellphone surveillance technology — all hidden behind fictitious companies that are fronts for the government, The Associated Press has learned.

The planes’ surveillance equipment is generally used without a judge’s approval, and the FBI said the flights are used for specific, ongoing investigations. The FBI said it uses front companies to protect the safety of the pilots and aircraft. It also shields the identity of the aircraft so that suspects on the ground don’t know they’re being watched by the FBI.

In a recent 30-day period, the agency flew above more than 30 cities in 11 states across the country, an AP review found.

Aerial surveillance represents a changing frontier for law enforcement, providing what the government maintains is an important tool in criminal, terrorism or intelligence probes. But the program raises questions about whether there should be updated policies protecting civil liberties as new technologies pose intrusive opportunities for government spying. [Continue reading…]

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NSA may need to begin winding down surveillance program this week

The Washington Post reports: A bitter ideological divide in Congress appeared destined Wednesday to at least temporarily end the bulk collection of Americans’ phone records as government officials warned they would have to begin shuttering the program after Friday if lawmakers do not act.

In a memorandum, the Justice Department said the National Security Agency would need to act “to ensure that it does not engage in any unauthorized collection” or use of the data should the program not be extended before a June 1 deadline.

The memo, along with comments Wednesday by FBI Director James B. Comey, puts pressure on lawmakers to act at a time when congressional Republicans remain divided over the NSA’s controversial gathering of private telephone records for counterterrorism purposes. [Continue reading…]

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Michael Gould-Wartofsky: The new age of counterinsurgency policing

In the part of Baltimore hardest hit by the recent riots and arson, more than a third of families live in poverty, median income is $24,000, the unemployment rate is over 50%, some areas burnt out in the riots of 1968 have never been rebuilt, incarceration rates are sky high, 33% of the homes are vacant (thanks to an ongoing foreclosure crisis), and water service is being shut off for people who can’t afford to pay rising water rates.  Residents, mainly black, live in what is really an unofficially segregated, hollowed-out Rust Belt city that just happens to be located on the East Coast.

As Max Blumenthal pointed out when the city’s mayor started denouncing “outside agitators,” more than 70% of Baltimore’s police force lives beyond the city limits, at least 10% of them out-of-state.  The Baltimore PD is also notorious for its brutality, for the numbers of (black) residents it seems to gun down, and for its give-not-an-inch “broken windows” policing policies.  In a city that is 62% black and 28% white, police officers are still 46% white and 80% outsiders heading into neighborhoods that are almost totally black.  Unlike the residents of such neighborhoods, Baltimore’s police lack for little.  Thanks in part to Pentagon and other government programs, the force is armed to the teeth in the increasingly military fashion that has become the post-9/11 state of things (and that TomDispatch has been covering since 2004.)  It acts as if it were, that is, an occupying army, not a neighborhood protector.  In this sense, “community policing” is now a joke in the U.S.

When the CVS stores go up in flames and local stores are looted, politicians denounce what’s happened and demand an instant return to law and order, while calling on police departments to wear body cameras and rethink their attitudes.  But there’s another reality that has to be faced.  Give some credit to Hillary Clinton.  In her recent speech on the police killings of black men from Ferguson to Baltimore, she included this single on-the-mark sentence: “We can start [building on what works] by making sure that federal funds for state and local law enforcement are used to bolster best practices, rather than to buy weapons of war that have no place on our streets.”  Put another way, you can’t arm and militarize the police, as both the Pentagon and the Department of Homeland Security have been doing since 9/11, and send them into impoverished communities as if for war, sporting a mind-set from the global war on terror, without getting what you’ve functionally wished for.  In a sense, in the arms race that is America today, you might say that you are what you “carry.”

Among the illusions of our age, there’s this: the idea that the U.S. can fight wars in whatever fashion it pleases, year after year, in distant lands without changing our society as well.  In fact, those wars have been coming home for a long time in myriad ways, and never more obviously than with American police forces and their practices.  It’s not just that the police (and SWAT units) are now filled with vets from the war on terror, or that they are armed with weaponry directly off its battlefields, but that the mentality that has made those wars such disasters has come home with the troops and weaponry.

As Michael Gould-Wartofsky, author of the new book The Occupiers: The Making of the 99 Percent Movement, suggests, thoroughly militarized, surveillance-heavy forces are bringing counterinsurgency thinking from Iraq and Afghanistan back to this country.  The record of such thinking abroad brings to mind a question first raised by State Department whistleblower Peter Van Buren about Washington’s new war in Iraq: What could possibly go wrong? Tom Engelhardt

The wars come home
A five-step guide to the police repression of protest from Ferguson to Baltimore and beyond
By Michael Gould-Wartofsky

Last week, as Baltimore braced for renewed protests over the death of Freddie Gray, the Baltimore Police Department (BPD) prepared for battle. With state-of-the-art surveillance of local teenagers’ Twitter feeds, law enforcement had learned that a group of high school students was planning to march on the Mondawmin Mall. In response, the BPD did what any self-respecting police department in post-9/11 America would do: it declared war on the protesters.

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Mass incarceration: The silence of the judges

Jed S. Rakoff writes: For too long, too many judges have been too quiet about an evil of which we are a part: the mass incarceration of people in the United States today. It is time that more of us spoke out.

The basic facts are not in dispute. More than 2.2 million people are currently incarcerated in US jails and prisons, a 500 percent increase over the past forty years. Although the United States accounts for about 5 percent of the world’s population, it houses nearly 25 percent of the world’s prison population. The per capita incarceration rate in the US is about one and a half times that of second-place Rwanda and third-place Russia, and more than six times the rate of neighboring Canada. Another 4.75 million Americans are subject to the state supervision imposed by probation or parole.

Most of the increase in imprisonment has been for nonviolent offenses, such as drug possession. And even though crime rates in the United States have declined consistently for twenty-four years, the number of incarcerated persons has continued to rise over most of that period, both because more people are being sent to prison for offenses that once were punished with other measures and because the sentences are longer. For example, even though the number of violent crimes has steadily decreased over the past two decades, the number of prisoners serving life sentences has steadily increased, so that one in nine persons in prison is now serving a life sentence.

And whom are we locking up? Mostly young men of color. Over 840,000, or nearly 40 percent, of the 2.2 million US prisoners are African-American males. Put another way, about one in nine African-American males between the ages of twenty and thirty-four is now in prison, and if current rates hold, one third of all black men will be imprisoned at some point in their lifetimes. Approximately 440,000, or 20 percent, of the 2.2 million US prisoners are Hispanic males. [Continue reading…]

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FBI plotted arrest of American Al Qaeda blogger, but dropped plan

McClatchy reports: A North Carolina blogger who became a major propagandist for al Qaida before he was killed in a U.S. drone strike in Yemen, was a subject of close FBI surveillance for years and a much bigger concern for U.S. authorities than previously known, according to records obtained by McClatchy.

Samir Khan, 25, was a big enough worry while he lived in Charlotte, N.C., that before he disappeared in 2009, federal agents asked the FBI’s special forces unit, Hostage Rescue Team, to help with a likely arrest, the files show. But no arrest was made, and Khan disappeared, reemerging months later in Yemen where he launched an English-language al Qaida magazine, Inspire, that has been influential in radicalizing and recruiting extremists worldwide. He was killed Sept. 30, 2011.

Khan’s case, along with those of the perpetrators of attacks that include the Boston Marathon bombings and the Charlie Hebdo murders in Paris, reflects a new reality for those seeking to thwart terrorism: Many of the lone wolf-style attacks authorities fear most are the work of people already known to U.S. and international intelligence agencies.

Experts say future terrorists are becoming radicalized under the very noses of intelligence officials, who struggle to balance civil liberties with stopping potentially dangerous individuals now being referred to as “known wolves.” [Continue reading…]

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U.S. wants to hack your phone because it doesn’t have real spies it needs

Patrick G. Eggerton writes: Last fall, when Apple and Google announced they were cleaning up their operating systems to ensure that their users’ information was encrypted to prevent hacking and potential data loss, FBI Director James Comey attacked both companies. He claimed the encryption would cause the users to “place themselves above the law.”

The tech community fired back. “The only actions that have undermined the rule of law,” Ken Gude wrote in Wired, “are the government’s deceptive and secret mass-surveillance programs.”

The battle resumed in February 2015. Michael Steinbach, FBI assistant director for counterterrorism, said it is “irresponsible” for companies like Google and Apple to use software that denies the FBI lawful means to intercept data.

Yet the FBI does have a lawful means to intercept it: the Foreign Intelligence Surveillance Act. Its scope was vastly expanded by Congress in the wake of the 9/11 attacks.

It’s worth noting that the FBI never asked Congress to force tech companies to build “back doors” into their products immediately after the 9/11 attacks. Only after Google and Apple took steps to patch existing security vulnerabilities did the bureau suddenly express concern that terrorists might be exploiting this encryption.

In fact, the bureau has a host of legal authorities and technological capabilities at its disposal to intercept and read communications, or even to penetrate facilities or homes to implant audio and video recording devices. The larger problem confronting the FBI and the entire U.S. intelligence community is their over-reliance on electronic technical collection against terrorist targets. [Continue reading…]

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FBI opens inquiry into Chapel Hill shootings; Obama calls killings ‘brutal and outrageous’

In a conversation recorded by the storytelling project StoryCorps just last summer, Yusor Abu-Salha, a victim from the recent Chapel Hill shooting, described her experience of being an American.

The Washington Post reports: The FBI is opening an inquiry into the shootings of three young Muslims in Chapel Hill, N.C., a move that followed multiple calls this week for authorities to investigate the violence as a hate crime.

On Friday, President Obama issued a statement on “the brutal and outrageous murders,” saying that the FBI would look to see if federal laws were broken during the shooting.

“No one in the United States of America should ever be targeted because of who they are, what they look like, or how they worship,” Obama said.

Police are investigating the shootings of three people — newlyweds Deah Barakat, 23, and Yusor Mohammad Abu-Salha, 21, and her sister, Razan Mohammad Abu-Salha, 19 — on Tuesday afternoon at a housing complex near the University of North Carolina.

As the shooting has attracted global attention, Obama has been criticized for not speaking out about it sooner.

“If you stay silent when faced with an incident like this, and don’t make a statement, the world will stay silent towards you,” Turkish President Tayyip Erdogan said during a visit to Mexico on Thursday, according to Reuters.

The Embassy of Jordan in Washington said Friday that Alia Bouran, the country’s ambassador to the United States, went to North Carolina on Friday. Jordan’s foreign ministry issued a statement a day earlier saying that the sisters killed in Chapel Hill also had Jordanian citizenship.

While in North Carolina, Bouran met with the families of the victims and expressed the sympathies of Jordanian King Abdullah II. The embassy said Friday that it was “closely following the ongoing investigation” in North Carolina.

The FBI probe announced on Thursday stops short of being a full investigation, as had been reported in multiple media outlets since the inquiry was announced. Rather, it is a review that could ultimately become an investigation down the line. It was opened by the FBI, the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle district of North Carolina. [Continue reading…]

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