Category Archives: War on Terrorism

Osama bin Laden’s death has had zero impact on America’s security

Gary Younge writes: Last week, Afghanistan; two coalition troops were injured and one killed by Afghan soldiers; the US reached an agreement with the Afghan government to maintain a presence in the country until 2024; and the US failed to break a diplomatic deadlock with Pakistan after the US refused to apologise for killing 25 Pakistani soldiers in November.

This week, the White House will celebrate the anniversary of the assassination of Osama bin Laden as though it were the crowning achievement of its foreign policy. On Wednesday, Obama will hold a rare televised interview in the situation room to discuss the raid in Abbottabad. His campaign has released of a web video in which Bill Clinton says President Obama “took the harder and the more honorable path, and the one that produced, in my opinion, the best result”. The video then asks, “Which path would Mitt Romney have taken?”

The man who entered the White House with the message of “hope” and “change” wants to hold on to it with a record of “shoot to kill”.

Republicans are right to criticise the president for the crass manner in which he is “dancing around the end zone”. Unfortunately, those criticisms ring hollow from a party whose leader played dress up on the USS Abraham Lincoln to announce the end of a war that is still not over, and whose presidential candidate claims Obama should stop travelling the globe “apologising for” America. Moreover, the problem is not that Obama is exploiting a moment of national unity for partisan gain – though he most certainly is – but that this extra-judicial execution of an unmourned man has proved the only event capable of uniting the country since 9/11. [Continue reading…]

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The great legal paradox of our time: How civil libertarians strengthened the national security state

Jack Goldsmith writes: When Michael Ratner argued in a February 2002 lawsuit that British citizen Shafiq Rasul had a legal right to challenge his detention at Guantanamo Bay, there was little reason to believe he and his colleagues at the Center for Constitutional Rights (CCR) would play any role in shaping America’s national security landscape. The country was still seething with anger over the attacks of 9/11, and longing for revenge. The few legal precedents that existed were not very encouraging. (“Never in American history had the [Supreme] Court tried in any way to interfere with a war in progress,” noted Arthur Schlesinger Jr. in The Imperial Presidency.) And the Ratner-led CCR was a far-left legal advocacy organization—the group had previously represented the Attica rioters, the Chicago Eight, Nicaraguan contras, and assorted other “violent radicals, Communist front-groups, cop-killers, and sworn enemies of the United States,” in the words of conservative critic Marc Thiessen—that had few friends in the Washington, D.C. establishment.

And yet, a decade later, it’s now clear that Ratner and progressive activists like him have had an outsized impact on national security policy—though not exactly the one they would have wished. CCR would win landmark Supreme Court cases that challenged executive authority. But those achievements came at an unexpected price: They ultimately helped cement the political and legal consensus in support of the counterterrorism policies that emerged at the end of the George W. Bush administration, and they enabled Barack Obama to continue those policies. By successfully challenging the government’s authority, Ratner and his friends mostly ended up strengthening it. In that irony lies the most important constitutional lesson of the last decade.

By June, 2004, Ratner’s hail-mary lawsuit had produced a famous Supreme Court victory. That month the Court set off on a new course in American history by holding that Rasul and every other detainee at GTMO could challenge in court “the legality of the Executive’s potentially indefinite detention.” The Rasul litigation led the Bush administration to tighten its detention standards and contributed to the discharge of 308 detainees from GTMO. More broadly, as Justice Antonin Scalia predicted in his dissent, the decision precipitated the projection of “the cumbersome machinery of our domestic courts into military affairs.”

It was a high-profile win, and the antiestablishment activists at CCR were soon bombarded by pro bono offers from hundreds of attorneys, including many from America’s most elite law firms. These lawyers—who came to be known as “the GTMO Bar”—quickly flooded federal courts with habeas corpus petitions from detainees seeking release. That initiated a series of convoluted legal and political battles that ultimately seemed to affirm their efforts. Congress enacted laws in 2005 and 2006 that extinguished habeas corpus rights and replaced them with a system of military and judicial review. But the Supreme Court, in the summer of 2008 in a case called Boumediene, declared that habeas corpus must apply to GTMO as a matter of constitutional law. It was the first time that the Court had invalidated a wartime measure that had the support of Congress and the President.

In the heady days after Boumediene, Ratner and his colleagues, the momentum on their side, assumed that the GTMO detentions would not survive judicial review. They grew more confident when former constitutional law professor Barack Obama—who as a candidate had campaigned against George W. Bush’s counterterrorism policies, and who had received an endorsement from 70 members of the GTMO Bar—was elected president. Some at CCR predicted that the Guantanamo Bay facility would be closed within the year. “Rule of law, baby!” they shouted on Obama’s inauguration night.

We now know that things would not turn out as the GTMO Bar hoped. Ratner and his colleagues overestimated the civil libertarian commitments of Barack Obama and misunderstood how the burdens of the presidency would affect his judgment. They also underestimated the breadth and depth of the legal consensus in favor of executive authority.

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Too many victims of the war on terror remain imprisoned across the world

Mary Fitzgerald writes: It didn’t take long before one of the incentives offered to coax the Taliban to the negotiating table came to light: last week the Guardian carried reports of American plans to release several high-ranking Taliban leaders from Guantánamo Bay. They include Mullah Khair Khowa, a former interior minister, Noorullah Noori, a former governor in northern Afghanistan and maybe, just maybe, the former army commander Mullah Fazl Akhund – if a third country, perhaps Qatar, will accept custody of him.

It’s an inevitable step in the right direction, reminiscent of the tentative early moves in the Northern Ireland peace process. It also offers a convenient, if partial, solution to the status of the 171 legal headaches still languishing in America’s brutal Caribbean prison.

But it forces into light other shaming questions about the conduct of the so-called war on terror; and in particular about those thousands of men, women and children, many innocent of any crime even by the US authorities’ own admission, who were “rendered” and remain trapped in prisons across the world.

Hamidullah Khan was just 13 when he disappeared from South Waziristan, in Pakistan. I met his father, Wakeel Khan, on a recent trip to Islamabad. He told me with pride that Hamidullah was a “very good-looking boy” and showed me pictures. He said his son could be quite absent-minded, but worked very hard at school: his dream was to become a doctor.

During the summer holidays in 2008, Wakeel sent Hamidullah to the family home in South Waziristan to collect some of their possessions, as Wakeel could not get the time off work to go himself. Hamidullah never returned.

Wakeel, an ex-solider, tried to retrace his son’s steps. He caught the bus up to the province, and asked everyone about his son: his relatives, his old army contacts, the local Taliban. No one knew anything. He thought of going to the police, but given that they charge a 300 rupee bribe to replace an ID card, he asked himself, “how much would they charge to find a person?”

After a year, the Red Cross finally tracked down Hamidullah and passed a letter to his family saying he was being held in Bagram prison in Afghanistan. Despite American assurances that the prisoners there are treated well, fresh allegations of abuse surfaced this weekend.

No explanation has ever been offered for why a boy so young was picked up and taken hundreds of miles away, why he has never been charged, and why he has still not been released.

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Inside Romania’s secret CIA prison

The Associated Press reports: In northern Bucharest, in a busy residential neighborhood minutes from the center of Romania’s capital city, is a secret that the Romanian government has tried for years to protect.

For years, the CIA used a government building — codenamed Bright Light — as a makeshift prison for its most valuable detainees. There, it held al-Qaida operatives Khalid Sheik Mohammad, the mastermind of 9/11, and others in a basement prison before they were ultimately transferred to Guantanamo Bay in 2006, according to former U.S. intelligence officials familiar with the location and inner workings of the prison.

The existence of a CIA prison in Romania has been widely reported but its location has never been made public until a joint investigation by The Associated Press and German public television, ARD Panorama. The news organizations located the former prison and learned details of the facility where harsh interrogation tactics were used. ARD’s program on the CIA prison will air Dec 8.

The Romanian prison was part of a network of so-called black sites that the CIA operated and controlled overseas in Thailand, Lithuania and Poland. All the prisons were closed by May 2006, and the CIA’s detention and interrogation program ended in 2009.

Unlike the CIA’s facility in Lithuania’s countryside or the one hidden in a Polish military installation, the CIA’s prison in Romania was not in a remote location. It was hidden in plain sight, a couple blocks off a major boulevard on a street lined with trees and homes, along busy train tracks.

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The we-are-at-war! mentality

Glenn Greenwald writes: Two significant events happened on Thursday: (1) the Democratic-led Senate rejuvenated and expanded the War on Terror by, among other things, passing a law authorizing military detention on U.S. soil and expanding the formal scope of the War; and (2) Obama lawyers, for the first time, publicly justified the President’s asserted (and seized) power to target U.S. citizens for assassination without any transparency or due process. I wrote extensively about the first episode on Thursday, and now have a question for those supporting the assassination theories just offered by the President’s lawyers.

To pose that question, I’d like to harken back for a moment to the controversy over the Guantanamo detention system. Democrats universally purported to be appalled that the Bush administration was indefinitely imprisoning people without any charges or due process. Barack Obama, as a Senator from Illinois, denounced “the Bush Administration’s attempt to create a legal black hole at Guantanamo” — i.e., that people would be put in cages, possibly forever,with no charges. But Bush lawyers offered a theory for why due-process-free imprisonment was justifiable. The theory had these four fairly simple premises:

(1) Terrorism is not primarily a criminal offense. It is an act of war. Thus: We Are At War With The Terrorists.

(2) Those who try to harm the U.S. as part of this War are combatants and Terrorists — not criminals — and are thus entitled to no due process or any other rights to which accused criminals are entitled. It is the U.S. military (led by the Commander-in-Chief) — not courts — which decides who is and is not a combatant and Terrorist.

(3) Whether someone is a combatant or Terrorist is decided by only one thing: the President’s unilateral decree. Once the President decrees someone a combatant or Terrorist — including one of his own citizens — that person by definition becomes one, and he can then be treated as such without any further judicial process or Constitutional protection. Once that presidential accusatory decree issues, protections of the Constitution and law disappear. In sum, presidential accusations that someone is a Terrorist are the same as proof and a verdict of guilt.

(4) Unlike virtually every other war ever fought, the “battlefield” of this War is not found where opposing forces are shooting at each other, but is rather defined as: wherever an accused Terrorist is found anywhere in the world. Thus, the President’s battlefield powers — which are limitless: unilateral targeting for death, indefinite imprisonment without charges, spying on communications without any oversight – are not confined to any geographical location, but instead can be applied everywhere. Wherever an accused combatant or Terrorist physically exists — sleeping in a bed, riding in a car with his children, thousands of miles away from any actual shooting — is the “battlefield.”

Those were the once-controversial theoretical premises offered repeatedly by Bush lawyers and other defenders to justify the Guantanamo detention system. More generally, these theories were (and remain) the heart and soul of the neocon view of the War on Terror. Once you accept those four premises, there is no coherent way to oppose Guantanamo. So here is my question:

At this point, do Obama defenders reject any of these four premises? I mean this literally: I cannot count how many times I have heard exactly this same theory offered by Obama supporters justifying his assassination powers (the President is entitled to target citizens for death because we are at War, and once you take up arms against the U.S. (meaning: once the President accuses you of doing so) you have no due process rights). Indeed, there simply is no possible way to defend the assassination powers claimed by Obama without embracing each of these theories. And therefore, here is what Obama lawyers said on Thursday:

U.S. citizens are legitimate military targets when they take up arms with al-Qaida, top national security lawyers in the Obama administration said Thursday. The lawyers were asked at a national security conference about the CIA killing of Anwar al-Awlaki, a U.S. citizen and leading al-Qaida figure. . . .

The government lawyers, CIA counsel Stephen Preston and Pentagon counsel Jeh Johnson, did not directly address the al-Awlaki case. But they said U.S. citizens do not have immunity when they are at war with the United States.

Johnson said only the executive branch, not the courts, is equipped to make military battlefield targeting decisions about who qualifies as an enemy.

When Obama lawyers refer to “U.S. citizens who take up arms with al-Qaida,” what they mean is this: those whom the President accuses (in secret, with no due process or evidence presented) of having taken up arms with al-Qaida. When they refer to “battlefield targeting decisions,” they do not mean a place where there is active fighting, but rather: anywhere in the world an accused Terrorist is found (leaving no doubt about that, Johnson decreed that the limits of “battlefield v. non battlefield is a distinction that is growing stale“). In other words: the whole world is the battlefield, a claim Obama officials have long embraced, and someone is a Terrorist the minute the President declares him to be one: the President is the sole judge, the sole jury, and now even the sole executioner.

So my question to defenders of Obama’s assassination powers is this: which of those four core Bush/Cheney War on Terror premises do you reject, if any?

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The new cyber-industrial complex spying on us

Pratap Chatterjee writes: We live digital lives now, flitting from Facebook to YouTube, checking our iPhones and BlackBerries, and chatting with our loved ones on Skype. Very few of us worry too much about tweeting our personal opinions on politics or chatting with a new social network “friend” on the other side of the world, whom we barely know and often forget in a matter of a few hours or days.

Yet all these interactions have become fodder for a new industry that secretly vacuums up the data and preserves it forever on high-end servers that hold many petabytes (a million gigabytes) of information. This industry offers new tools to search that data and reconstruct our past, and even our real-time movements via our mobile phones, in a way that could well come back to haunt us.

WikiLeaks has just released the Spy Files – a trove of almost 300 documents from these companies that shine a light into this industry. At the Bureau of Investigative Journalism, where I work, we trawled through these documents, and tracked down yet more material which our research team – Matthew Wrigley, David Pegg, Christian Jensen and Jamie Thunder – used to create an online database that will soon cover over 160 companies in some 25 countries.

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Senate bill grants power to imprison Americans indefinitely without trial

The New York Times reports: Defying the Obama administration’s threat of a veto, the Senate on Tuesday voted to increase the role of the military in imprisoning suspected members of Al Qaeda and its allies — including people arrested inside the United States.

By a vote of 61 to 37, the Senate turned back an effort to strip a major military bill of a set of disputed provisions affecting the handling of terrorism cases. While the legislation still has several steps to go, the vote makes it likely that Congress will eventually send to President Obama’s desk a bill that contains detainee-related provisions his national-security team has said are unacceptable.

The most disputed provision would require the government to place into military custody any suspected member of Al Qaeda or one of its allies connected to a plot against the United States or its allies. The provision would exempt American citizens, but would otherwise extend to arrests on United States soil. The executive branch could issue a waiver and keep such a prisoner in the civilian system.

A related provision would create a federal statute saying the government has the legal authority to keep people suspected of terrorism in military custody, indefinitely and without trial. It contains no exception for American citizens.

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America’s never-ending war

Glenn Greenwald writes: Anonymous U.S. officials this morning are announcing in The Washington Post that they have effectively defeated what they call “the organization that brought us 9/11″ — Al Qaeda — by rendering it “operationally ineffective.” Specifically, “the leadership ranks of the main al-Qaeda terrorist network have been reduced to just two figures whose demise would mean the group’s defeat, U.S. counterterrorism and intelligence officials said.” And: “asked what exists of al-Qaeda’s leadership group beyond the top two positions, the official said: ‘Not very much’.”

You might think this means that the vastly expanded National Security and Surveillance States justified in the name of 9/11, as well as the slew of wars and other aggressive deployments which it spawned, can now be reversed and wound down. After all, the stated purpose of the 2001 Authorization to Use Military Force (AUMF) which provided legal cover to all of this was expressed in the very first line: “To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.” The purpose of this authorized force was equally clear and limited: “to use all necessary and appropriate force against those nations, organizations, or persons [the President] determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”

Now, the group which the U.S. government has always said was the one that “planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001″ is, according to this same government, “operationally ineffective.” So what does that mean in terms of policy? Absolutely nothing:

U.S. officials stressed that al-Qaeda’s influence extends far beyond its operational reach, meaning that the terrorist group will remain a major security threat for years.

Not just a threat — but a major security threat — “for years” to come. In fact, it turns out that the version of Al Qaeda that the U.S. just spent the last decade “defeating” on the ground that it perpetrated 9/11 does not even really matter: “U.S. counterterrorism officials now assess al-Qaeda’s offshoot in Yemen as a significantly greater threat.” Even in Pakistan, where the “effectively inoperable” group is based, the CIA refuses even to reduce its activities: “letting up now could allow them to regenerate,” an anonymous official decreed. And if that’s not enough to keep your fear levels sufficiently high to support (or at least acquiesce to) more militarism, there is always this: “The arrest this week of an alleged al-Qaeda sympathizer in New York underscored the group’s ability to inspire ‘lone wolf’ attacks.”

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At Occupy camps, veterans ring the wars home

Tina Dupuy as visited five occupations camps including one in Canada, and at each of them has spoken to veterans. In Zuccotti Park, she met Army Specialist Jerry Bordeleau, 24, and at Occupy DC, Michael Patterson, 21, who belongs to Iraq Veterans Against the War.

Their presence became national news when Iraq vet and former Marine Scott Olsen’s skull was fractured by a non-lethal round fired by police in Oakland in late-October. A week later in New York, around 30 vets held a solidarity march from Zuccotti Park to the Stock Exchange. They had a rally at the park afterward where Bordeleau spoke. “This is the first major movement for social change we’ve seen in this country since the ’70s,” he said to me.

At Occupy DC, a painting of Scott Olsen in uniform is draped on the side of a tent. He’s become a symbol of the Occupation Movement — he fought overseas only to be injured when exercising his “freedom” of peaceful assembly at home. His name has become a shorthand to talk about why so many vets are at Occupy Wall Street.

“There’s a reason Scott Olsen got shot in the head,” says Patterson, looking down at his chain-restaurant hot cocoa. “Because he was out front.”

Patterson still sports a military haircut and a bit of the Army swagger. He also has a touch of that telling hyper-awareness war vets sometimes display; he’s a little twitchy, a little intense. He tells me he has PTSD and has been self-medicating with weed. He says it helps. What’s also helped is being a part of this protest movement. “This is the only peaceful solution,” he says. “If this movement doesn’t work, our country is not going to make it … We’re just not going to make it.”

Patterson became an interrogator in Iraq straight out of high school. His mother had to sign his enlistment papers. He turned 18 in Basic. “We’re an industrialized nation who’s a third world country. The super wealthy elite pretty much control our democratic process and everyone here is pretty much fighting for scraps and that’s not right,” he says.

I ask him what was the switch for him and when. He explained that it was WikiLeaks. It was the footage of the Apache helicopter gunning down Iraqis released by WikiLeaks in April of 2010. Up to that point he had been interrogating Iraqis and using what he describes as psychological torture. He was 10 years old when the World Trade Center was hit. He wanted to fight terrorism in Iraq. He bought into the whole thing, he tells me. He had been looking forward to signing up ever since the 5th grade and then, suddenly, last November, he found himself watching a video of his fellow soldiers gunning down Iraqis on the street and it all changed for him.

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How the U.S. is blending law enforcement with warfare

The New York Times reports: Late on a moonless night last March, a plane smuggling nearly half a ton of cocaine touched down at a remote airstrip in Honduras. A heavily armed ground crew was waiting for it — as were Honduran security forces. After a 20-minute firefight, a Honduran officer was wounded and two drug traffickers lay dead.

Several news outlets briefly reported the episode, mentioning that a Honduran official said the United States Drug Enforcement Administration had provided support. But none of the reports included a striking detail: that support consisted of an elite detachment of military-trained D.E.A. special agents who joined in the shootout, according to a person familiar with the episode.

The D.E.A. now has five commando-style squads it has been quietly deploying for the past several years to Western Hemisphere nations — including Haiti, Honduras, the Dominican Republic, Guatemala and Belize — that are battling drug cartels, according to documents and interviews with law enforcement officials.

The program — called FAST, for Foreign-deployed Advisory Support Team — was created during the George W. Bush administration to investigate Taliban-linked drug traffickers in Afghanistan. Beginning in 2008 and continuing under President Obama, it has expanded far beyond the war zone.

“You have got to have special skills and equipment to be able to operate effectively and safely in environments like this,” said Michael A. Braun, a former head of operations for the drug agency who helped design the program. “The D.E.A. is working shoulder-to-shoulder in harm’s way with host-nation counterparts.”

The evolution of the program into a global enforcement arm reflects the United States’ growing reach in combating drug cartels and how policy makers increasingly are blurring the line between law enforcement and military activities, fusing elements of the “war on drugs” with the “war on terrorism.”

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World history at warp speed

Helena Cobban asks: From Afghanistan, to Iraq, to Pakistan, to Somalia, to Yemen– and now, to Libya… What has the U.S. military brought in its wake?? The collapse of communities, of whole economies, of institutions, and families… Tragedies, wherever you look.

This is not to indict individual members of the military, which as a group of people probably contains as great a proportion of decent, competent people as any group of that size. What has happened has not been the fault of the individual people in the military, but in the fact that it was the military that was used at all in response to all these problems. For each and every one of those “problems”, there were non-military policies that were available and could have been pursued– most likely with, at the end of the day, a lot more success from the American people’s point of view than we ended up winning. But the rush, the urge, the unseemly push to use military force proved overwhelming. Especially to those three presidents– Clinton, George W. Bush, and Obama– who had never themselves experienced the horrors of war.

Almost none of this destruction need have happened– if only these men and their advisers had kept fast to the older, more principled visions of America as a country that upholds and strengthen the rule of international law and all the institutions built up around it… If only these men had not been so easily tempted by the ‘flash-bang’ wizardry and testosterone-driven arrogance of war.

But here we are. And at the other end of the Mediterranean this week, there have been two notably different kind of gatherings. At one of them, on Monday, world leaders gave a strong vote to Palestine’s application to become a member of the UN’s Educational, Scientific, and Cultural organization (UNESCO). In that vote, 107 nations (including several substantial European allies of Washington) defied vigorous American arm-twisting to support the Palestinian request.

The U.S. State Department announced almost immediately that it would stop providing the funding it has been giving to UNESCO. Far-reaching legislation passed over recent years by the strongly Israeli-controlled U.S. Congress means that the administration may have to extend its funding cut-off to other agencies, too.

How very, very far the United States has come from those idealistic days, 60 years ago, when it was a victorious America, standing unchallenged astride the the whole world, that exercised wisdom and restraint by setting up the United Nations as a set of institutions based on the key principles of human equality, respect for the rule of law, and the need to stress nonviolent, negotiated ways to resolved conflicts whenever possible.

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NYPD keeps files on Muslims who change their names

The Associated Press reports: For generations, immigrants have shed their ancestral identities and taken new, Americanized names as they found their place in the melting pot. For Muslims in New York, that rite of assimilation is now seen by police as a possible red flag in the hunt for terrorists.

The New York Police Department monitors everyone in the city who changes his or her name, according to interviews and internal police documents obtained by The Associated Press. For those whose names sound Arabic or might be from Muslim countries, police run comprehensive background checks that include reviewing travel records, criminal histories, business licenses and immigration documents.

All this is recorded in police databases for supervisors, who review the names and select a handful of people for police to visit.

The program was conceived as a tripwire for police in the difficult hunt for homegrown terrorists, where there are no widely agreed upon warning signs. Like other NYPD intelligence programs created in the past decade, this one involved monitoring behavior protected by the First Amendment.

Since August, an Associated Press investigation has revealed a vast NYPD intelligence-collecting effort targeting Muslims following the terror attacks of September 2001. Police have conducted surveillance of entire Muslim neighborhoods, chronicling daily life including where people eat, pray and get their hair cut. Police infiltrated dozens of mosques and Muslim student groups and investigated hundreds more.

Monitoring name changes illustrates how the threat of terrorism now casts suspicion over what historically has been part of America’s story. For centuries, foreigners have changed their names in New York, often to lose any stigma attached with their surname.

The Roosevelts were once the van Rosenvelts. Fashion designer Ralph Lauren was born Ralph Lifshitz. Donald Trump’s grandfather changed the family name from Drumpf.

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NY city council critical of police surveillance of Muslims

The New York Times reports: City Council members took aim on Thursday at the New York Police Department’s surveillance of Muslims, pointedly questioning Commissioner Raymond W. Kelly about the breadth of the force’s undercover efforts in the decade since the Sept. 11 terrorist attacks.

At an unusually intense hearing, several council members tried to pierce the secrecy that has largely surrounded the operations of the Intelligence Division, one of the department’s entities involved in counterterrorism investigations.

“It looks like we are targeting Muslim neighborhoods and communities,” Councilman Brad Lander said. “That’s not good for us. We have people out there who are partners who feel the trust is betrayed.”

The hearing, which lasted over an hour, unfolded before an audience packed with Muslim organizers, civil liberties lawyers and others, including the mother of a Queens man serving a 30-year prison sentence for plotting an attack at the Herald Square subway station in 2004.

The questioning revolved mostly around a series of recent articles by The Associated Press examining the department’s focus on Muslim communities in the New York metropolitan area and efforts to identify “hot spots,” like mosques and other gathering places.

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Even those cleared of crimes can stay on FBI’s watch list

The New York Times reports:

The Federal Bureau of Investigation is permitted to include people on the government’s terrorist watch list even if they have been acquitted of terrorism-related offenses or the charges are dropped, according to newly released documents.

The files, released by the F.B.I. under the Freedom of Information Act, disclose how the police are instructed to react if they encounter a person on the list. They lay out, for the first time in public view, the legal standard that national security officials must meet in order to add a name to the list. And they shed new light on how names are vetted for possible removal from the list.

Inclusion on the watch list can keep terrorism suspects off planes, block noncitizens from entering the country and subject people to delays and greater scrutiny at airports, border crossings and traffic stops.

The database now has about 420,000 names, including about 8,000 Americans, according to the statistics released in connection with the 10th anniversary of the Sept. 11 attacks. About 16,000 people, including about 500 Americans, are barred from flying.

Timothy J. Healy, the director of the F.B.I.’s Terrorist Screening Center, which vets requests to add or remove names from the list, said the documents showed that the government was balancing civil liberties with a careful, multilayered process for vetting who goes on it — and for making sure that names that no longer need to be on it came off.

“There has been a lot of criticism about the watch list,” claiming that it is “haphazard,” he said. “But what this illustrates is that there is a very detailed process that the F.B.I. follows in terms of nominations of watch-listed people.”

Still, some of the procedures drew fire from civil liberties advocates, including the Electronic Privacy Information Center, which made the original request and provided the documents to The New York Times.

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