FBI Bust Another Handcrafted ‘Terrorist’ For The Crime Of Thinking About Supporting A Terrorist Organization
The FBI’s string of thwarted, self-created terrorist plots continues unabated. Why look for terrorists when you can just craft them yourselves? Digital Fourth has the rundown on the latest “coup” by the agency.
The news this morning is full of the arrest of yet another American on charges of “attempting to provide material support to a foreign terrorist organization.” Nobody’s suggesting that 20-year-old National Guardsman Nicholas Teausant of Acampo, CA is a terrorist, or that he provided any help whatsoever to terrorists, or that he was in contact, ever, with any actual terrorists. But, the media breathlessly report, he’s still facing charges that can put him in jail through to the 2030s.
The more you dig into the story, the more ridiculous it becomes. And Alex Marthews digs in deeply. The propellant (if you will) for this latest thwarted terrorist plot is little more than a campfire story.
Well, seems that he was on a camping trip sometime last year – or maybe not; investigators couldn’t corroborate that the camping trip ever happened – but anyway, afterwards, Teausant is reported to have said to some guy that he had been on a camping trip and had talked with friends about “blowing up the LA subway,” but that they hadn’t done anything because “they” had been “tipped off”.
Unfortunately for Teausant (but fortunately for America!), the “somebody” he relayed his camping conversation to was an FBI agent. Recognizing that Teausant needed a little more prodding to turn against his own nation, the agent connected him with a terrorist tutor of sorts (another FBI agent). This agent/mentor suggested Teausant travel to Canada to further radicalize and then sent more FBI agents to arrest him at the border. Voila, another terrorist attack thwarted.
Teausant is now facing charges of “attempting to provide material support” to a terrorist organization, a crime that seems to be treated just as severely as actually providing material support. As evidence of Teausant’s terrorist proclivities, agents cited posts to his “online photo account” which said such things as desiring to see America’s downfall and “I would love to join Allah’s Army but I don’t know where to start.”
They also cited the following evidence, which exposes the USA’s contradictory and arbitrary determination of who does and does not qualify as a terrorist.
Also, Teausant was apparently trying to figure out how to go to Syria and fight against Bashar al-Assad. This horrifying offense was committed at the same time that the US government was … trying to figure out how to go to Syria and fight against Bashar al-Assad. Last time I checked, Assad was a brutal dictator. But the winds have changed, and now that some of the people fighting against him are Sunni radicals inspired by, but actually repudiated by, al-Qaeda, I guess that makes Assad now a staunch American ally and defender of secular values?
The complaint said Teausant referred to himself as a convert to Islam but did not give details about when or why he may have done so. He met the informant through a mutual acquaintance, the document said.
Among Teausant’s plans was to appear in videos for the group, without covering his face — to be “the one white devil that leaves their face wide open to the camera,” he was quoted in the complaint as saying…
The complaint also states that Teausant told the informant he has an infant daughter, and had arranged for his mother to get custody of the girl if he disappeared.
At one point, the informant questioned him about whether he was serious about his plans, given that he talked a lot but did not seem to follow through.
So, while there are indications that Teausant could have wandered down the path into Islamic radicalism, at the point he was arrested he had done little more than talk smack around the campfire with some other young men (Teausant is only 20) and talk further smack with undercover agents. But as usual, it looks as though the FBI had to do most of the legwork to convert this person into a potential terrorist. It was the FBI, not Teausant, that arranged to get him an “application” to join a violent Al-Qaeda-linked group. It was the FBI that pushed him towards Canada to further his terrorist education. And it was the FBI that convinced itself that Teausant was enough of threat to lock up for a potential 15 years, even though he had never actually “provided material support” to a terrorist organization.
The FBI now gets to chalk up another win in the “terrorist captured” column despite having done little more than arrest a guy who talked a lot, but wasn’t big on following through. Sure, there’s always a chance Teausant would have done all of this on his own, but rather than sit back and keep an eye on him, the FBI proactively made his moves for him… and arrested him for following the undercover agents’ bidding.
Marthews points out how completely bizarre this is in a land where free speech is considered a right.
In a more sensible legal environment, Teausant would walk free because, let me think now, because we have a First Amendment and he is entitled to say whatever dumb thing he wants to so long as he doesn’t actually harm anyone, and the FBI informant and agent would be being charged with entrapment.
That’s the way it should work, but that’s not the way it does work. The counterterrorism money train comes off the rails if government agencies fail to capture terrorists. So, rather than restrict themselves to investigating terrorist organizations and sniffing out plots, the FBI has chosen to pad the books with ringers. Teausant may have made some poor decisions and said some unwise things, but even the FBI’s preponderance of evidence fails to portray him as much more than a dumb kid with stupider dreams. And rather than allow the events to play out, and possibly expose the FBI’s alleged terrorist sympathizer as an ineffectual pretender, it set him up for a date with the penal system. All the while, the accolades and money keep rolling in, ensuring the FBI’s terrorist manufacturing apparatus will keep humming smoothly.
The U.S. Department of Justice (DOJ) has treated mortgage fraud cases as a low priority, even though President Barack Obama promised to crack down on such crimes in the wake of the 2008 financial crisis.
DOJ also greatly exaggerated its success in prosecuting mortgage fraud, according to an investigation by the department’s Office of the Inspector General (IG).
Attorney General Eric Holder Jr. declared four years ago that mortgage fraud crimes had “reached crisis proportions,” and promised his agency would be “fighting back” in response.
But the IG’s report (pdf) shows the Federal Bureau of Investigation (FBI) put mortgage fraud at the bottom of its criminal priority list—after receiving extra funding ($196 million from the 2009 to 2011) to address this problem. In some major cities, mortgage fraud wasn’t even on the FBI’s radar as any kind of a priority.
“Despite receiving significant additional funding from Congress to pursue mortgage fraud cases, the FBI in adding new staff did not always use these new positions to exclusively investigate mortgage fraud,” the report states.
A “significant backlog of unaddressed and pending mortgage fraud investigations” was disclosed by supervisors interviewed by IG investigators. In fact, important fraud cases were completely shut down by the FBI, not due to a lack of resources, but because the Bureau’s resources were diverted to other operations that were given higher priority, according to the report.
Just as disturbing was the fact that Justice inflated its numbers to make it appear prosecutors were doing more than they actually were.
In 2012, Holder announced his lawyers had charged 530 people during the previous year with mortgage fraud that had cost homeowners more than $1 billion.
In truth, the numbers were more like 107 people charged in cases totaling only $95 million, the IG found. Even after the figures were proven to be incorrect, the DOJ continued to cite the false statistics for nearly a year.
“The inspector general’s report sheds light on what looks like an attempt by the Justice Department to pull the wool over the public’s eyes with respect to its efforts to go after the wrongdoers involved in mortgage fraud,” Senator Charles Grassley (R-Iowa), the ranking member on the Senate Judiciary Committee, said in a statement. “According to the inspector general, the department wasted time cooking the numbers about the cases it pursued, when it should have been prosecuting cases.”
The IG offered numerous recommendations to the department, most of which involved fixes to DOJ’s recordkeeping system that had produced such inaccurate figures.
The Justice Department objected to the IG’s conclusions, citing prosecutors doubling the number of mortgage fraud indictments from 2009 to 2011.
“The facts regarding the department’s work on mortgage fraud tell a much different story than this report,” Ellen Canale, a department spokeswoman, told The New York Times. “As the report itself notes, even at a time of constrained budget resources, the department has dedicated significant manpower and funding to combating mortgage fraud.”
Mortgage fraud—through falsification of documents by lenders and brokers—was one of the catalysts of the 2008 financial collapse. Fraud involving mortgage-backed securities, said to be larger in scope and also a contributing factor to the collapse, is considered by the FBI to be securities fraud and was not addressed by the IG report.
To Learn More:
U.S. Criticized for Lack of Action on Mortgage Fraud (by Matt Apuzzo, New York Times)
Mortgage Fraud Efforts Fell Short, Justice Department Inspector General Concludes (by Jeffrey Benzing, Main Justice)
Audit of the Department of Justice’s Efforts to Address Mortgage Fraud (U.S. Department of Justice, Inspector General) (pdf)
Justice Dept. Sues Bank of America over Prime Mortgage Fraud (by Noel Brinkerhoff, AllGov)
Big Banks Slither out of Mortgage Fraud Review with Minor Costs (by Noel Brinkerhoff, AllGov)
In late September 2001, a couple of weeks after 9/11, the United States was struck with what the Bush regime dubbed a “second wave” of terrorism. Letters laced with deadly anthrax spores arrived in the mailboxes of prominent media figures and two American senators. Five people were killed and 17 others were infected.
A concerted effort was made by the Bush regime and the mainstream US media to present the anthrax attacks as the work of the same people who perpetrated 9/11. They were, in a sense, correct, but the people behind 9/11 and the subsequent anthrax fiasco were not members of al-Qaeda or adherents of the Islamic faith.
A very clear and discernible pattern of propaganda was foisted upon the American public following 9/11. Zionists from Israel and the US took a leading role in assigning responsibility for the biggest attack on American soil since Pearl Harbour. Unsurprisingly, the Zionists immediately pointed fingers at all of their Middle Eastern rivals and adversaries, from resistance groups like Hamas and Hezbollah to countries such as Iraq, Iran and Syria.
Israel’s enemies were being portrayed as America’s enemies too. Together, said the Zionists, Israel and America can defeat “the forces of darkness.” Israel’s crude campaign of innuendo and Orwellian projection manifested within a few hours of the 9/11 attacks. Israeli politicians Ariel Sharon, Benjamin Netanyahu, Ehud Barak and Shimon Peres all made public statements calling on the US and other Western powers to initiate a global “war on terrorism,” a term coined by Likudniks in the 1980s.
Israel’s army intelligence service Aman and the former Mossad chief Rafi Eitan trumpeted brazen disinformation shortly following 9/11, alleging Iraqi involvement in the attacks. In August of 2001 the Mossad delivered a propagandistic “warning” to the CIA alleging al-Qaeda and Iraq were working together and were plotting terror attacks on major US landmarks. The neoconservatives, who are for all intents and purposes emissaries of the Israeli regime in the US, went straight to work in the op-ed pages of the Washington Post, the New York Times and other Zionist-controlled media outlets, attempting to portray Arabs and Muslims generally as the sponsors of 9/11 and the source of all terrorism in the world.
The same pattern of Zionist deception is apparent with the anthrax attacks. Israel’s partisans immediately mobilized a propaganda initiative to link Iraq and al-Qaeda to the anthrax mailings.
On various occasions [former US] president George W. Bush and vice president Dick Cheney told reporters that al-Qaeda was likely involved in the lethal mailings. The docile mainstream media unquestioningly repeated this unfounded assertion. A stunning piece of disinformation appeared in an Oct. 27, 2001, report in the London Times, alleging that an Iraqi official met with 9/11 patsy Mohamed Atta in the Czech Republic in April 2001. The report went on to suggest that during the rendezvous the Iraqi official gave Atta a flask of anthrax. The origin of this dubious claim was noted in the article: Israeli security sources. The chief of Czech foreign intelligence, Frantisek Bublan, later revealed that this supposed meeting never took place and was nothing more than a propaganda invention of interested parties. “Promoting a so-called ‘Prague connection’ between Atta and [the Iraqi official] al-Ani might have been a ploy by U.S. policymakers seeking justifications for a new military action against…Saddam Hussein,” Bublan told the Prague Post.
When the Iraq/al-Qaeda propaganda narrative fell apart, the FBI targeted two… within the US bio-weapons establishment: scientists Steven Hatfill and Bruce Ivins. The FBI began harassing Hatfill and publicly called him a “person of interest” in the anthrax investigation.
Hatfill vehemently denied the charges and was eventually exonerated. He later sued the FBI and other US government agencies, winning a settlement of more than $5 million in damages. Like Hatfill, Ivins was an unlikely suspect for the anthrax attacks as well.
There was no evidence tying Ivins to the anthrax letters and he had no conceivable motive. The FBI launched an intense campaign of innuendo against Ivins in an effort to convict him in the court of public opinion. Ivins allegedly committed suicide while in a Maryland hospital just before he was set to be indicted and stand trial. How convenient.
Ivins worked at a US bio-weapons facility called USAMRIID in Fort Detrick, Maryland. This is where the FBI claims the anthrax used in the attacks originated. Since there is no evidence that Ivins was involved in the anthrax mailings, there is likewise no reason to believe the FBI’s claim that the anthrax spores used in the letters originated from that facility.
Another curious event took place during the anthrax affair that garnered little attention from the mainstream press for obvious reasons. An Arab-American scientist who worked at the same Fort Detrick facility as Ivins was the victim of an attempted frame-up. Shortly before the first known victim of the anthrax attacks was confirmed, an anonymous letter was mailed to the FBI that attempted to implicate Dr. Ayaad Assaad as a “potential biological terrorist.” The author of the letter claimed to have worked with Assaad previously and alleged that Assaad had a vendetta against the US government, urging the FBI to stop him. The letter prompted the FBI to investigate Assaad. The FBI questioned him in early October 2001 and quickly cleared him of any involvement with the anthrax attacks.
Strangely, the FBI seemed uninterested in finding out who sent the anonymous letter implicating Assaad, even though the contents and timing of the letter were amazingly conspicuous, coming just prior to a real bio-terrorist attack. Assaad suspected the letter-writer was involved in the anthrax mailings and opined that his Arab background made him the “perfect scapegoat.”
One possible source of the frame-up letter was a man named Dr. Philip Zack, a microbiologist and Lieutenant Colonel in the US Army. Zack worked at USAMRIID alongside Assaad in the early 1990s. Zack and other employees at the lab formed a clique called the “camel club” to bully Arab co-workers, particularly Assaad. One day in April 1991 Assaad found a poem in his mailbox written by Zack and other members of the “camel club” which mocked his Arabic heritage. Zack and several of his fellow anti-Arab racists voluntarily left the facility when Assaad informed his superiors of the harassment campaign.
In 1992, anthrax spores, Ebola virus and other deadly pathogens went missing from the Fort Detrick facility. An internal investigation discovered that someone was entering the lab late at night to conduct unauthorized research involving anthrax. The inquiry also revealed that Dr. Philip Zack made an unauthorized visit to the lab on Jan. 23, 1992, at a time when he was no longer working at the facility. Despite Zack’s suspicious past behaviour and harassment of Assaad, the FBI made no effort to pursue him as a suspect in the 2001 anthrax investigation.
A very revealing aspect of the whole affair was the fact that the anthrax-tainted letters were made to look like a Muslim who was angry at Israel and the United States authored them. “Death to Israel, Death to America, Allah is Great,” the letters read. Whoever was actually behind the anthrax mailings was evidently attempting to lead authorities to believe a Muslim or group of Muslims was responsible.
So where did the anthrax used in the 2001 attacks come from? Researcher Robert Pate posited a plausible theory in an essay entitled, “The Anthrax Mystery: Solved” In the paper, Pate suggests Israel is the most likely culprit. According to Pate’s research, Israel had the means, motive and opportunity to secure anthrax spores and deliver them to her targets without being detected. Pate demonstrates that Israel has had a sophisticated chemical and biological weapons program since its inception in 1948. Israel has produced biological agents including anthrax at the Israel Institute of Biological Research (IIBR) in Ness Ziona, located a few miles southeast of Tel Aviv.
“With the help of Jewish scientists from the former Soviet Union,” Pate opines, “Israel’s bio-weapons research has probably surpassed that of all other nations. The Soviet Union’s bio-weapons program had 32,000 scientists and staff working in 40 different research and production facilities. Two thousand of these scientists worked exclusively on the Soviet anthrax program. A significant number of these scientists may have immigrated to Israel and become employed in her bio-weapons programs.”
Pate cites a research paper by Dr. Avner Cohen titled “Israel and Chemical/Biological Weapons: History, Deterrence, and Arms Control” which outlines Israel’s biological and chemical weapons capabilities. Anthrax is certainly in Israel’s biological arsenal. In the paper, Cohen also describes how Zionist militants poisoned Palestinian water supplies with deadly pathogens during the 1948 ‘Nakba,’ wherein Zionist gangs completely destroyed and depopulated more than 500 Arab villages in order to birth… [Israel entity] . Historical examples of Zionist biological warfare noted by Pate, in addition to Israel’s penchant for false flag terrorism against its “allies” such as the Lavon Affair and USS Liberty attack, lead him to believe that Israel was willing and able to commit a biological attack in the US – a classic false flag operation to frame her enemies for political gain.
“A motive for the anthrax attacks would be to blame Arab terrorists or a ‘rogue nation’ for this atrocity and to help launch the United States into war against Israel’s enemies,” writes Pate. “[Israel’s motive] in launching the anthrax attacks would be to bring America into war against Iraq and to remove that country as a potential threat to…[Israel].” As noted earlier, Israeli intelligence contrived a false story to implicate Muslims where they claimed to have observed a meeting between an Iraqi official and alleged al-Qaeda ringleader Mohamed Atta in the Czech Republic in which an exchange of anthrax is said to have occurred. If Israel had nothing to do with the anthrax attacks, then why did they propagate lies with the intent to implicate Iraq and al-Qaeda? American authorities admit that no Muslim or Arab was involved in the anthrax mailings, so who else but Israel and corrupted Americans in the Bush administration could have been behind this obvious false flag?
It can be said without doubt that some members of the Bush administration had foreknowledge of the anthrax attacks. Press reports revealed that White House officials including Bush and Cheney went on a steady regimen of the drug known as Cipro, a powerful antibiotic effective against anthrax infection, weeks before the anthrax-trained letters were first discovered.
The theory that Israel and its accomplices in the Bush administration launched a biological false flag operation as a “second phase” of the overarching 9/11 deception is well within the realm of possibilities regarding 2001’s anthrax attacks in the US. It is certainly far more plausible than the FBI’s flimsy and still-unproven case against Bruce Ivins who conveniently died before any evidence could be aired in the courts.
But it would be foolish to place any hope on President Obama — a committed servant of the Israeli-American empire — to launch a new, independent investigation into any of these troubling matters.
A recently released 9/11 Commission memo highlights the role of government “minders” who accompanied witnesses interviewed by the commission. It was added to the National Archives’ files at the start of the year and discovered there by History Commons contributor paxvector.
The memo, entitled “Executive Branch Minders’ Intimidation of Witnesses,” complains that:
- Minders “answer[ed] questions directed at witnesses;”
- Minders acted as “monitors, reporting to their respective agencies on Commission staffs lines of inquiry and witnesses’ verbatim responses.” The staff thought this “conveys to witnesses that their superiors will review their statements and may engage in retribution;” and
- Minders “positioned themselves physically and have conducted themselves in a manner that we believe intimidates witnesses from giving full and candid responses to our questions.”
The memo was drafted by three staffers on the commission’s Team 2, which reviewed the overall structure of the US intelligence community. One of the drafters was Kevin Scheid, a senior staffer who led the team. His co-writers were Lorry Fenner, an air force intelligence officer, and lawyer Gordon Lederman. The complaint was sent to the commission’s counsels, Daniel Marcus and Steve Dunne, in October 2003, about halfway through the commission’s 19-month life.
According to the memo, some minders merely policed prior agreements between the commission and their parent agency about what the commission could ask witnesses, and others were simply there to make a list of documents the commission might want based on a witness’ testimony. However, some minders saw their role differently.
Intimidation through Physical Positioning
The three staffers argued minders should not answer questions for witnesses because they needed to understand not how the intelligence community was supposed to function, but “how the Intelligence Community functions in actuality.” However: “When we have asked witnesses about certain roles and responsibilities within the Intelligence Community, minders have preempted witnesses’ responses by referencing formal polices and procedures. As a result, witnesses have not responded to our questions and have deprived us from understanding the Intelligence Community’s actual functioning and witnesses’ view of their roles and responsibilities.”
The memo also describes the minders’ conduct in detail: “… [M]inders have positioned themselves physically and have conducted themselves in a manner that we believe intimidates witnesses from giving full and candid responses to our questions. Minders generally have sat next to witnesses at the table and across from Commission staff, conveying to witnesses that minders are participants in interviews and are of equal status to witnesses.”
The staffers also worried about minders taking “verbatim notes of witnesses’ statements,” as they thought this “conveys to witnesses that their superiors will review their statements and may engage in retribution.” They believed that “the net effect of minders’ conduct, whether intentionally or not, is to intimidate witnesses and to interfere with witnesses providing full and candid responses.”
Another problem with the verbatim notetaking was that it “facilitates agencies in alerting future witnesses to the Commission’s lines of inquiry and permits agencies to prepare future witnesses either explicitly or implicitly.”
In response to this, the three staffers proposed not that minders be banned from interviews, but a set of rules governing minders’ conduct. For example, minders were to keep a “low profile,” sit out of witnesses’ sight, not take verbatim notes and not answer any questions directed at the witnesses.
Perhaps the most remarkable proposal is that the number of minders be limited to one per witness. The memo indicates that where an interviewee had served in multiple agencies, more than one minder would accompany the witness. The memo therefore requests, “Only one minder may attend an interview even if the witness served in multiple agencies,” meaning a witness would at least not be outnumbered by his minders.
False Statement by Chairman Kean
Commission Chairman Tom Kean, a Republican, first raised the issue of minders in a press briefing in early July 2003 . He said, “I think the commission feels unanimously that it’s some intimidation to have somebody sitting behind you all the time who you either work for or works for your agency. You might get less testimony than you would.”
He was asked about the minders again on September 23 at another press briefing. Instead of saying the minders represented “intimidation,” he commented: “Talking to staff, what they have told me is that as they’ve done these interviews, that the interviewees are encouragingly frank; that they by and large have not seemed to be intimidated in any way in their answers. … I’m glad to hear that it’s — from the staff that they don’t feel it’s inhibiting the process of the interviews.”
The commission’s Vice Chairman Lee Hamilton, a Democrat, commented, “it is our feeling that thus far, the minders have not been an impediment, in almost all cases.” He added that there were “one or two instances where the question has arisen,” but, “neither are we aware at this point that the presence of a minder has substantially impeded our inquiry. And nor have we run into a situation where we think a witness has refrained from speaking their minds.”
However, the Team 2 memo, sent a mere nine days after Kean and Hamilton’s remarks, shows Kean’s statements to have been untrue. The memo even referenced “Minders’ Intimidation of Witnesses” in the title, contained unusually strong language and was co-drafted by a leader of one of the commission’s teams.
Nevertheless, it is unclear whether Kean and Hamilton made the false statements knowingly. One of the criticisms at the commission was that the ten commissioners were cut off from the body of the staff, and all information that flowed from the staff to the commissioners went through the commission’s executive director, Philip Zelikow.
Author Philip Shenon, who wrote a history of the commission, found that at the start of the commission’s work Zelikow drafted a welcome memo containing ground rules for staffers, such as not talking to journalists. One of the rules was that the staff should not talk freely to the commissioners. If a staffer were contacted by a commissioner, he should not deal with the commissioner himself, but contact Zelikow or his deputy, who would then “be sure that the appropriate members of the commission’s staff are responsive.”
This rule was rescinded after complaints from some of the commissioners, including former Deputy Attorney General Jamie Gorelick. Nevertheless, Zelikow’s control of information continued. When the commission’s counterterrorism team found a draft of the final report to be overly deferential to the FBI, they did not launch a formal objection to the draft’s language through the commission’s bureaucracy, but a female staffer cornered Gorelick “where Zelikow would not see it”–in the ladies room.
The “most transparent administration” received another win for continued secrecy, thanks to an appeals court decision that allowed it to continue to withhold a DOJ memo that created an exploitable loophole in consumer data privacy protections.
The document at issue is a classified memo issued by the Office of Legal Counsel on Jan. 8, 2010. A report later that year by the Justice Department’s inspector general at the time, Glenn A. Fine, disclosed the memo’s existence and its broad conclusion that telephone companies may voluntarily provide records to the government “without legal process or a qualifying emergency,” notwithstanding the Electronic Communications Privacy Act.
The EFF has been engaged with the government over the release of this document since 2011, when a district court judge ruled the document was exempt from FOIA requests because it was part of executive branch “internal deliberations.” In other words, despite the fact that the OLC memos can be considered legally binding (and exempt those following the memos’ advice or instructions from legal repercussions), the memo is not considered “working law.” The EFF has argued that these memos are not “deliberative,” but are rather secret laws deployed in such a fashion as to avoid being exposed by FOIA requests.
The presiding judge explained his decision with this reasoning.
“Even if the O.L.C. opinion describes the legal parameters of what the F.B.I. is permitted to do, it does not state or determine the F.B.I.’s policy,” Judge Harry T. Edwards wrote in the decision on Friday. “The F.B.I. was free to decline to adopt the investigative tactics deemed legally permissible in the O.L.C. opinion.”
According to the FBI, it did decline to follow the memo’s parameters.
The bureau, which has abandoned exigent letters, said that it did not employ the legal theory outlined in the memo when using the letters, and that it had no plans to use it in the future.
But the DOJ’s arguments for keeping the memo secret calls the FBI’s assertion into question.
During the litigation, the Justice Department also told the court that parts of the memo contained classified information, “highly specific in nature and known to very few individuals,” about a secret intelligence-gathering technique that the F.B.I. is using against “hostile entities.”
Either the FBI is utilizing the memo’s legal theories or the memo covers so much ground that the FBI is using something entirely unrelated, making the first statement truthful as far as it extends to exigent letters only.
Judge Edwards’ rationale gives the government every reason to utilize the Office of Legal Counsel to provide it with the legal justification it needs to deploy questionable tactics and programs. (Previous OLC memos were used to justify warrantless wiretaps and “brutal questioning of detainees.”) The ruling makes it easier for any OLC memo to be exempted from FOIA requests, providing for even more government secrecy.
David Sobel, a lawyer for the EFF, called the ruling “troubling,” describing the office’s memos as a body of “secret law” that the public has a right to know about. He said he hoped the ruling would reinvigorate efforts among some lawmakers to enact a law opening such memos to greater scrutiny outside the executive branch.
“It’s kind of hard to imagine how a different case in the D.C. Circuit is likely to have a different outcome in light of this opinion,” he said.
Because the document remains a secret, its true significance remains a source of speculation. The New York Times says the memo is most likely the legal basis for the CIA’s voluntary agreement with AT&T, which allows the agency to search its massive database of international calls (and tip local numbers to the FBI for further investigation). And it’s not as if this secret memo is the only tool the government has for demanding data. The FBI may have abandoned “exigent letters” but it’s still using National Security Letters to obtain data without a court order. (No mention is made of the FBI’s exigent Post-It notes or over-the-shoulder database searches.)
The DOJ is understandably pleased with this decision as it plays to its obfuscatory tendencies. This is also a dubious win for this administration — and those that follow. Having an in-house agency on tap that can create new laws and interpretations of existing statutes without having to risk having its legally-binding memos scrutinized by the public will be a tool too powerful for many to ignore.
FBI Admits It’s Not Really About Law Enforcement Any More; Ignores Lots Of Crimes To Focus On Creating Fake Terror Plots
A couple years ago, it was revealed that the FBI noted in one of its “counterterrorism training manuals” that FBI agents could “bend or suspend the law and impinge upon the freedoms of others,” which seemed kind of odd for a government agency who claimed its “primary function” was “law enforcement.” You’d think that playing by the rules would be kind of important. However, as John Hudson at Foreign Policy has noted, at some point last summer, the FBI quietly changed its fact sheet, so that it no longer says that “law enforcement” is its primary function, replacing it with “national security.”
Of course, I thought we already had a “national security” agency — known as the “National Security Agency.” Of course, while this may seem like a minor change, as the article notes, it is the reality behind the scenes. The FBI massively beefed up resources focused on “counterterrorism” and… then let all sorts of other crimes slide. Including crimes much more likely to impact Americans, like financial/white collar fraud.
Between 2001 and 2009, the FBI doubled the amount of agents dedicated to counterterrorism, according to a 2010 Inspector’s General report. That period coincided with a steady decline in the overall number of criminal cases investigated nationally and a steep decline in the number of white-collar crime investigations.
“Violent crime, property crime and white-collar crime: All those things had reductions in the number of people available to investigate them,” former FBI agent Brad Garrett told Foreign Policy. “Are there cases they missed? Probably.”
The article correctly notes that this has had a big impact:
The reductions in white-collar crime investigations became obvious. Back in 2000, the FBI sent prosecutors 10,000 cases. That fell to a paltry 3,500 cases by 2005. “Had the FBI continued investigating financial crimes at the same rate as it had before the terror attacks, about 2,000 more white-collar criminals would be behind bars,” the report concluded. As a result, the agency fielded criticism for failing to crack down on financial crimes ahead of the Great Recession and losing sight of real-estate fraud ahead of the 2008 subprime mortgage crisis.
… So… what has the FBI been doing? Well, every time we hear anything about the FBI and counterterrorism, it seems to be a case where the FBI has been spending a ton of resources to concoct completely made up terrorism plots, duping some hapless, totally unconnected person into taking part in this “plot” then arresting him with big bogus headlines about how they “stopped” a terrorist plot that wouldn’t have even existed if the FBI hadn’t set it up in the first place. And this is not something that the FBI has just done a couple times. It’s happened over and over and over and over and over and over and over and over and over and over and over and over again. And those are just the stories that we wrote about that I can find in a quick search. I’m pretty sure there are a bunch more stories that we wrote about, let alone that have happened.
All of these efforts to stop their own damn “plots” screams of an agency that feels it needs to “do something” when there’s really nothing to be done. Thousands of agents were reassigned from stopping real criminals to “counterterrorism” and when they found there were basically no terrorists around, they just started making their own in order to feel like they were doing something… and to have headlines to appease people upstairs. The government seems to have gone collectively insane when it comes to anything related to “terrorism.
This weekend I ran across a random copy of The Wall Street Journal and decided to see what passes for mainstream news these days. Reading it reminded me of the striking amount of terrorism propaganda being foisted upon the U.S. public. The numerous terrorism-related stories in that weekend edition of The Journal painted a confused and contradictory picture that reflects a difficulty in keeping the American public focused on terrorist threats and increasingly suspicious of their fellow citizens.
The weekend edition included five major stories about terrorism, including a shooting at a Colorado high school, the release of video from a hospital massacre in Yemen, and a review of how the Sandy Hook victims’ families are coping. In the most prominent spot, at the top left of the front page, readers found an alert for a major expose covering the Boston bombers. The fifth story was about the arrest of a Wichita man for plotting to blow up aircraft with a homemade bomb at the airport.
The new, Wichita story provides a good example of the challenges facing the FBI and corporate media in ongoing efforts to stoke the public fear. The suspect, like others in the last few years, had no previous history of terrorist activity and the FBI did everything for him.
Terry Lee Loewen was an avionics specialist at a private company working at the Mid-Continent Airport in Wichita. Allegedly, he tried to drive his car, loaded with explosives that the FBI had helped him make, onto the tarmac to cause “maximum carnage and death.” This man, whom neighbors called quiet and “normal” was supposedly working for al-Qaeda in the Arabian Peninsula.
The emerging story of Loewen includes a significant number of contradictory reports and unbelievable aspects. The official account is that Loewen decided to become a Muslim about six months ago and he immediately began devoting all his time to preparations for becoming a “lone wolf” suicide bomber. FBI-produced documents allegedly provide this 58-year old white man’s reasoning for his radical change of life course—“My only explanation is that I believe in jihad for the sake of Allah + for the sake of my Muslim brothers + sisters.”
Although Loewen did not enter a plea and his public defender and current wife would not comment, his ex-wife and son were contacted for interviews and neither of them had any idea about his new commitment to jihad and martyrdom. The son had spoken to his father in the last month yet, according to The Journal, “didn’t detect anything amiss” and “didn’t know about any turn toward Islam by his father.”
Although Loewen is being portrayed as a serious, jihadist Muslim, he had no known connection to any Muslim organization in Wichita or elsewhere. Apparently he was only an online Muslim and the FBI caught him making comments about his desire to wage jihad against his own country on behalf of the members of his new faith.
His neighbors couldn’t believe it and never saw anything suspicious about him or his current wife. And although his own son had no idea about it, and his ex-wife would never have predicted it, in his last six months he must have devoted every spare moment to his new mission. One might think that a new convert would take time to learn about his new religion and interact with at least one or two Muslims in his community. After all, doesn’t becoming a Muslim require more than just making a few online comments?
Not for Loewen, according to the FBI. Instead, one day he was just a solitary, radical Muslim and he immediately began spending all his free time “studying subjects like jihad, martyrdom operations, and Sharia law.” He also “studied the airport layout and took photos of access points, researched flight schedules and acquired components to make car bombs.” He was obviously very busy and totally committed.
FOX News reported that Loewen was inspired by Usama bin Laden. Investigators from the Wichita Joint Terrorism Task Force further claimed that Loewen “frequently expressed admiration for Anwar Al-Awlaki.” Republican Senator Jerry Moran of Kansas said that Loewen’s action reminded us that we must “reaffirm our commitment” to the War on Terror.
There are certainly suspicious things about Loewen. For one thing, he had another name—Terry L. Lane. How many readers of The Wall Street Journal just happen to have other names? And Loewen was cited in 2009 for a “a concealed-carry violation at the airport.”
Nonetheless, according to his ex-wife of 10-years, Loewen/Lane was “peaceful, easy-going, quiet man” who “didn’t like confrontation; he was never one to start a fight.” She said he had left his job at Hawker Beechcraft Air Services for a time, to work at Learjet across town. She didn’t know when he returned to Beechcraft. “He was happy. He was a normal human being,” she said. And although The Journal reported that the son had no idea about Loewen’s conversion to Islam, The Wichita Eagle reported that the son told his mother that Loewen had recently become a Muslim.
Other news sources report that the son said his dad was “always really calm and a loving man” and that he “had no idea how his father came to be the main suspect in a foiled terror plot.”
Therefore the news about Loewen/Lane and this alleged new terrorist plot includes many confusing reports and makes little or no sense. A 58-year old man with no connection to any Muslim organization just decided on his own to give up his entire life to become a jihadist. He forsook all other commitments to make a martyr of himself for the benefit of “brothers and sisters” who he had never met. His family and neighbors apparently knew nothing about it.
If we can learn anything from the incident it is that the next terrorist could be anybody—you, your father, your neighbor—anyone at all. And there won’t necessarily be any signs at all other than what the FBI provides about internet activity.
This brings us to the big expose that The Journal published on the Boston bombers. Readers might wonder about the coincidence of the reporter from The Journal just happening to be a relatively close friend of the Tsarnaev family, whose two sons were accused of the marathon attack. Ostensibly, that relationship was initiated because both the reporter and the family spoke Russian and the reporter was doing research on Chechens and “Russia’s Islamist insurgency.” But the friendship was clearly much more than that. Who could have predicted that chance relationship would come in so handy for a terrorism reporter from a major U.S. news source?
Anyway, the story about the Tsarnaevs presents more contradictions. For instance, the mother of the accused bombers is portrayed quite differently than we have seen before. The woman who suddenly became a terrorist suspect herself a week after she began claiming that her sons were controlled by the FBI has most often been seen as a strict Muslim woman dressed in very traditional garb. In The Journal’s new story, however, she is “a wide-eyed rapid talker with a low-cut dress and high heels who waved her arms and teased her black hair like the pop singer Cyndi Lauper.” And she ran a business on the side giving facials.
In this new light, mother Tsarnaev could be an office girl from Jersey, or the girl next door.
But those who read the whole story realize that there is a bigger purpose behind this spread on the Tsarnaevs and it is not to describe their dress habits. It is, in fact, to reveal that the Boston bombers were conspiracy theorists. Specifically, Tamerlan Tsarnaev and his brother were “filled with thoughts of conspiracy” including that “the Sept.11 attacks were organized by shadowy financial elites.”
We have seen this tactic before with other terrorism stories but never this blatantly. We are being told that not only can anyone be a terrorist, but it is more likely that anyone who questions the official accounts of terrorism is more likely to be a terrorist. How convenient for the military-terrorism-industrial complex. If such an approach takes hold in the minds of fearful citizens, there would be no stopping the architects of the War on Terror and no shortage of suspects to keep the whole thing rolling along.
On Friday, we wrote about Jeremy Hammond’s 10-year prison sentence, mentioning that the judge had required part of Hammond’s statement be redacted from any reports as his discussion of the list of targets he was asked to hack by FBI informant Sabu (Hector Xavier Monsegur) was considered classified. Of course, it will come as little surprise that the unredacted/uncensored text of his original statement is alleged to have leaked soon after the sentencing. Someone posted it to Pastebin. While it’s entirely possible that this is fake, there are at least some indications that it’s accurate.
Sabu also supplied lists of targets that were vulnerable to “zero day exploits” used to break into systems, including a powerful remote root vulnerability effecting the popular Plesk software. At his request, these websites were broken into, their emails and databases were uploaded to Sabu’s FBI server, and the password information and the location of root backdoors were supplied. These intrusions took place in January/February of 2012 and affected over 2000 domains, including numerous foreign government websites in Brazil, Turkey, Syria, Puerto Rico, Colombia, Nigeria, Iran, Slovenia, Greece, Pakistan, and others. A few of the compromised websites that I recollect include the official website of the Governor of Puerto Rico, the Internal Affairs Division of the Military Police of Brazil, the Official Website of the Crown Prince of Kuwait, the Tax Department of Turkey, the Iranian Academic Center for Education and Cultural Research, the Polish Embassy in the UK, and the Ministry of Electricity of Iraq.
Sabu also infiltrated a group of hackers that had access to hundreds of Syrian systems including government institutions, banks, and ISPs. He logged several relevant IRC channels persistently asking for live access to mail systems and bank transfer details. The FBI took advantage of hackers who wanted to help support the Syrian people against the Assad regime, who instead unwittingly provided the U.S. government access to Syrian systems, undoubtedly supplying useful intelligence to the military and their buildup for war.
All of this happened under the control and supervision of the FBI and can be easily confirmed by chat logs the government provided to us pursuant to the government’s discovery obligations in the case against me. However, the full extent of the FBI’s abuses remains hidden. Because I pled guilty, I do not have access to many documents that might have been provided to me in advance of trial, such as Sabu’s communications with the FBI. In addition, the majority of the documents provided to me are under a “protective order” which insulates this material from public scrutiny. As government transparency is an issue at the heart of my case, I ask that this evidence be made public. I believe the documents will show that the government’s actions go way beyond catching hackers and stopping computer crimes.
Again, while Hammond is responsible for actually carrying out the activity of breaking into these sites, it still seems incredibly questionable that the targets may have been suggested by the FBI, which then basically got to take advantage of Hammond’s activities, and then when that wasn’t useful any more, to throw him in jail for a decade.
Congress has taken the first step towards expanding the abilities of the United States intelligence community by advancing a draft bill that will ensure the government’s spy budget stays intact into next year.
A Senate commitee approved the 2014 Intelligence Authorization Act during a closed door session on Tuesday, a bill that if signed into law will allow the US National Security Agency and other departments to keep receiving funding amid an international scandal that has caused calls for reform and even abolishment of the NSA both in the US and abroad in recent months.
Notwithstanding the backlash brought on by an array of secret NSA documents disclosed to the media by contractor-turned-leaked Edward Snowden since June, the Senate Intelligence Committee passed the draft bill by a 13-2 vote. Next, the full chamber will weigh in on the matter before it is reconciled with a sister act by way of the House of Representatives and sent to President Barack Obama to be signed into law.
If approved with all of its current provisions in place, the law will let the government continue to fund programs operated for purposes of counterterrorism and nuclear weapon proliferation prevention, authorizing initiatives within more than a dozen federal departments, including the NSA and others that deal in covert, intelligence-gathering operations.
In a press release issued Tuesday by the committee, however, its members also acknowledged that the bill expands certain intelligence community operations, including in particular the very programs enacted to prevent the unauthorized disclosure of classified information.
The bill, the committee wrote, “includes important provisions to enhance the conduct, accountability and oversight of the intelligence activities of the United States,” such as one intended “to protect against insider threats by adding necessary funds to deploy information technology detection systems across the intelligence community.”
The bill would also empower the Director of National Intelligence to “improve the government’s process to investigate . . . individuals with security clearances to access classified information,” while at same time “Instituting new statutory protections that protect the ability of legitimate whistleblowers to bring concerns directly to the attention of lawmakers, inspectors general and intelligence community leaders.”
Since the identity of the NSA leaker was revealed to be 30-year-old Edward Snowden, opponents of his actions have suggested that alternative, legal routes to questions the intelligence community’s tactics could have been taken, such as appealing to an inspector general. History, however, suggests that recent whistleblowers before him had a nearly impossible time doing as much, including Thomas Drake, a former senior NSA executive who was charged under the Espionage Act after he attempted to draw attention to waste, fraud and abuse within his agency years earlier. Speaking at an anti-NSA rally in Washington last month, Drake told a crowd of a couple thousand, “Any domestic surveillance legislation must include whistleblower protection for the credibility and enforcement of any reform effort, otherwise secrecy enforced by repression will turn into a faux reform passed into simply an honor system” for the NSA.
In a statement released on Tuesday, Committee Vice Chairman Saxby Chambliss (R-Georgia said, “This year’s intelligence authorization bill achieves both objectives by providing clear guidance and appropriate resources to the intelligence community, while enhancing the committee’s oversight of vital intelligence activities.”
If signed into law, the act will allow for funding to continue with regards to a number of intelligence-gathering operations conducted not just by the likes of the NSA, but also the Central Intelligence Agency, the Office of the Director of National Intelligence and the Departments of Defense, State, Treasury, Energy and Justice, among others.
Committee to Stop FBI Repression | October 23, 2013
She is charged with immigration fraud. Allegedly, in her application for citizenship, she didn’t mention that she was arrested in Palestine 45 years ago by an Israeli military court that detains Palestinians without charge – a court that has over 200 children in prison today and does not recognize the rights of Palestinians to due process.
The arrest today appears to be related to the case of the 23 anti-war activists subpoenaed to a grand jury in 2010. Well-known labor, community and international solidarity activists around the Midwest had their homes raided by the FBI when the U.S. attorney alleged that they had provided material support to foreign terrorist organizations in Palestine and Colombia.
Assistant U.S. Attorney Barry Jonas is leading the investigation against the 23. He was at the courtroom in Chicago this morning, consulting with the assistant U.S. attorney who was presenting the indictment to the judge. Jonas was also the prosecutor in the case of the Holy Land Five, the heads of the largest Muslim charity in the U.S. before 9/11. He was successful in getting prison sentences for as long as 65 years for the five men, who provided charity to children in Gaza.
The Committee to Stop FBI Repression (CSFR) denounces this attack as another example of the continuing repression of Palestinians and people who stand in solidarity with them. Homeland Security, the FBI, Immigration and Customs Enforcement and the U.S. Attorney’s office now are carrying out enforcement of the Israeli occupation of Palestine.
Odeh will appear in court in Detroit on Nov. 1, where she will be represented by Jim Fennerty of the National Lawyers Guild. CSFR urges people to attend the proceedings at the Federal Court in Detroit in her defense.
MANHATTAN – A Muslim man says he has been unable to visit his ailing mother for over two years because he refused to spy for the FBI and is now on the no-fly list.
Muhammad Tanvir says he is not the only one who the FBI unlawfully placed on the no-fly list “in retaliation for their refusal to work as informants against their communities and submit to questioning.”
The Queens man says his predicament has left him unable to visit his ailing mother in Pakistan for over two years, and that it has burdened his practice of Islam.
He notes that he is a lawful permanent resident employed at a 99-cent store in the Bronx who has “never been convicted of a crime nor does he pose any threat to aviation safety.”
The FBI declined to comment.
Though the no-fly list is supposed to represent a list of suspected terrorists, the American Civil Liberties Union calls it “a draconian tool to coerce Americans into spying on their communities.” In this case, Tanvir is represented by Shayana Kadidal with the Center for Constitutional Rights.
After refusing FBI agents’ request that he serve as an informant in his predominantly Muslim community and landing on the no-fly list, Tanvir says he reached out to the FBI to clear things up. Instead of helping, FBI agents offered to take him off the list in exchange for information.
Tanvir, who has lived in the United States since 2002, again refused.
“Mr. Tanvir has been prevented from flying despite the fact that he does not present any threat to aviation security,” the lawsuit states. “Instead, defendants sought to exploit the draconian burden posed by the No Fly List – including the inability to travel for work, or to visit family overseas – in order to coerce him into serving the FBI as a spy with American Muslim communities and places of worship.”
Named as defendants are FBI Director James Comey; Terrorist Screening Center Director Christopher Piehota; Acting Secretary of Homeland Security Rand Beers; and Transportation Security Administration Administrator John Pistole.
The FBI agencies are responsible maintaining the Terrorist Screening Database, which includes the no-fly list.
Tanvir wants the court to declare as unconstitutional the FBI’s alleged practice of placing people on the no-fly list for not cooperating, then using an offer to remove them as a bribe for information.
He also wants off the list, along with damages.
A report published on Tuesday by the American Civil Liberties Union urges the Obama administration to reform the Federal Bureau of Investigation following years of documented instances in which the FBI has abused its authority.
In thousands of words spanning a 60-plus page report titled Unleashed and Unaccountable: The FBI’s Unchecked Abuse of Authority, the ACLU this week condemns the agency, particularly in the years following the September 11, 2001 terrorist attacks.
The ACLU argues that since the attacks of 9/11, the federal government has time and time again allowed the FBI to broaden its law enforcement powers, often without sufficient oversight. As a result, they write, the FBI has been transformed into “a domestic intelligence and law enforcement agency of unprecedented power and international reach.”
Despite reform enacted in the wake of the infamous years J. Edgar Hoover spent as FBI director, the ACLU says that the agency has “subverted internal and external oversight” in recent time, in turn allowing for gross abuse, often impacting the civil liberties of Americans as a result.
In a plea for change, the ACLU accuses the FBI of “squelching whistleblowers, imposing and enforcing unnecessary secrecy and actively misleading Congress and the American people” since 9/11, and says the agency has “regularly overstepped the law, infringing on Americans’ constitutional rights while overzealously pursuing its domestic security mission.”
Items highlighted by the ACLU in the report include the secretive surveillance powers the agency has inherited through the PATRIOT Act, its power to open investigations of Americans without proof of a crime, racial and religious profiling and the targeting of people exercising their First Amendment-protected rights, such as journalists and political activists.
Published on the anniversary of the signing of the US Constitution, the ACLU urges President Barack Obama and his administration “to conduct a comprehensive examination of the FBI’s policies and practices to identify and curtail any activities that are unnecessary, ineffective or misused,” especially before the newly appointed director of the agency, James Comey, can subvert any further the policies enacted by his predecessor, James Mueller, who ran the FBI from before 9/11 up until only this month.
Should the executive and legislative branches not consider reform, the ACLU writes, “FBI officials and certain members of Congress will undoubtedly demand that the new director stay the course, no matter how disastrous it may be for American civil liberties and privacy rights.”
“The list of abuses is long and demonstrates that Congress must do a top-to-bottom review of FBI politics and practices to identify and curtail any activities that are unconstitutional or easily misused,” Hina Shamsi, director of the ACLU’s National Security Project, said in a statement accompanying the report. “The time for wholesale reform has come.”
One figure cited in the new report portends that the FBI “will soon have the equivalent of 20 pieces of intelligence on every American.”
“An FBI budget request for fiscal year 2008 said the FBI had amassed databases containing 1.5 billion records, and two members of Congress described documents predicting the FBI would have 6 billion records by 2012, which they said would represent “20 separate ‘records’ for each man, woman and child in the United States.”
In turn, the ACLU believes that this huge volume of amassed data can be “shared widely.”
“According to a 2012 Systems of Records Notice covering all FBI data warehouses, the information in these systems can be shared broadly, even with foreign entities and private companies, and for a multitude of law enforcement and non-law enforcement purposes.”