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Criminal Biker Gangs aka Outlaw Motorcycle Gangs (OMGSs) in Waco, Texas Kill 9 and Islamic State Takes Back Ramadi, Iraq — U.S. Army’s Delta force kills senior ISIS commander — Videos

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Story 1: 3 Criminal Biker Gangs aka Outlaw Motorcycle Gangs (OMGSs) in Waco, Texas Kill 9 and Islamic State Takes Back Ramadi, Iraq — U.S. Army’s Delta force kills senior ISIS commander — Videos

Outlaw Motorcycle Gangs (OMGs)

Outlaw Motorcycle Gangs (OMGs) are organizations whose members use their motorcycle clubs as conduits for criminal enterprises. OMGs are highly structured criminal organizations whose members engage in criminal activities such as violent crime, weapons trafficking, and drug trafficking. There are more than 300 active OMGs within the United States, ranging in size from single chapters with five or six members to hundreds of chapters with thousands of members worldwide. The Hells Angels, Mongols, Bandidos, Outlaws, and Sons of Silence pose a serious national domestic threat and conduct the majority of criminal activity linked to OMGs, especially activity relating to drug-trafficking and, more specifically, to cross-border drug smuggling. Because of their transnational scope, these OMGs are able to coordinate drug smuggling operations in partnership with major international drug-trafficking

http://www.justice.gov/criminal/ocgs/gangs/motorcycle.htmlorganizations (DTOs).

bandidosclubs19n-6-web

9_biker_gang_members_killed_in_wild_Texa_waco-shootingwaco-shooting (2)bike gang  waco-shooting (1)  headerimage.imgwaco-shooting (3)

9 Dead in Waco Biker Gang Shooting 18 Injured 5-17-15

Biker brawl breaks out at Waco restaurant

Waco Biker Gang Shooting. 9 Dead At Waco Shooting Twin Peaks

Waco Shooting Updates — Ten people killed in Waco, Texas biker gang shooting

[AERIAL FOOTAGE] Biker Gang Shootout Waco, Texas – 17 May 2015

( ORIGINAL FOOTAGE ) Waco Texas Shooting 9 biker gangs Dead In Waco Texas

9 dead in Texas biker brawl

Gunfire erupted Sunday among rival biker gangs in Waco, Texas, leaving at least nine people dead, according to police.

Authorities had anticipated trouble and pre-positioned officers.

“There were at least three rival gang groups here this morning for whatever reason. As they were here, we had officers on scene. We expected issues,” said Sgt. W. Patrick Swanton, a police spokesman. He later said there were at least five gangs.

The fight broke out at Twin Peaks restaurant and spilled into the parking lot. It quickly escalated from hands and feet, as weapons, to gunfire, Swanton said.

Police: 5 gangs involved in Texas biker shooting

“In my nearly 35 years of law enforcement experience,” he said, “this is the most violent and gruesome scene that I have dealt with.”

Bikers shot at each other and at officers, who returned fire.

Swanton expressed anger at Twin Peaks, which he claims had been less than helpful in dealing with gangs in the past. He declined to identify the specific groups involved in Sunday’s shooting.

“Are we frustrated? Sure. Because we feel like there may have been more that could have been done by a business to prevent this,” he said.

Corporate management at Twin Peaks released a statement saying it was reviewing the circumstances of the shooting. The Waco restaurant is franchised.

“We are thankful no employees, guests or police were injured in this senseless violence outside the restaurant, and our sympathies are with the families of those killed,” the statement said.

To escape the fight, some restaurant customers and employees took cover in the freezer, according to CNN affiliate KWTX. The station reported that more than 100 weapons were recovered, and Waco police said officers were continuing to arrest people arriving with weapons.

Swanton told reporters that eight people were dead on the scene and another was pronounced dead at an area hospital. A total of 18 people were taken to the hospital. It was not immediately clear whether that figure included the person who died. All those injured or dead are believed to be bikers.

No officers were hurt, Swanton said, praising their response.

“Their action has saved lives in keeping this from spilling into a very busy Sunday morning,” the spokesman said. “Thank goodness the officers were here, and took the action that they needed to take to save numerous lives.”

http://www.cnn.com/2015/05/17/us/texas-shooting/index.html

Police: Deadly Waco biker gang shooting is capital murder

The Cossacks, a smaller, local Texas gang, had been challenging the Bandidos’ dominance, including discussing a possible alliance with rival gang the Hell’s Angels, Steve Cook, executive director of the Midwest Outlaw Motorcycle Gang Investigators Association, told Vox.

The biggest provocation came, he said, when the Cossacks began wearing a Texas patch on their clothing, which was “basically a slap in the face” to the Bandidos.

“We knew the tensions with the Cossacks were as high as they’d ever been,” he said. “I don’t think anybody could have forecasted it to the degree that it happened.”

Cook said Sunday’s shootout parallels previous encounters between the Bandidos and Hells Angels. Cook told The Washington Post that the shootout started because the Cossacks, backed by the Angels, challenged the Bandidos for control of Texas. Several other bike gangs might have joined the battle, too, angry over recent killings by Bandidos members, he said.

“My perception is that the Cossacks have been flirting, if you will, with Hell’s Angles,” Cook said. “If I’m a Bandido, my immediate reaction is: ‘These guys are going to try to make a move and bring an international gang into our state, which is going to cause a war.'”

Cook said he hoped Sunday’s shooting will draw more attention to the gangs. “Maybe it’ll be time for law enforcement and the public to take the blinders off and recognize these groups for what they are: criminals.”

Talking to reporters on Sunday, Waco Police spokesman Sgt. Patrick Swanton cautioned that the groups involved in the shootout were not “a friendly group of motorcycle enthusiasts,” but criminal gangs.

Cook agreed. “They can pretend like they’re these fraternal organizations — I can’t tell you the last time the Kiwanis and the Shriners had a shootout at a public venue.”

http://www.usatoday.com/story/neallbany%20times%20unionws/2015/05/18/waco-shootout-motorcycle-gangs/27525021/

Outlaw Motorcycle Gangs and Photos

Outlaw Motorcycle Gangs (OMGs) are organizations whose members use their motorcycle clubs as conduits for criminal enterprises. OMGs are highly structured criminal organizations whose members engage in criminal activities such as violent crime, weapons trafficking, and drug trafficking. There are more than 300 active OMGs within the United States, ranging in size from single chapters with five or six members to hundreds of chapters with thousands of members worldwide. The Hells Angels, Mongols, Bandidos, Outlaws, and Sons of Silence pose a serious national domestic threat and conduct the majority of criminal activity linked to OMGs, especially activity relating to drug-trafficking and, more specifically, to cross-border drug smuggling. Because of their transnational scope, these OMGs are able to coordinate drug smuggling operations in partnership with major international drug-trafficking organizations (DTOs).

  • Bandidos Motorcycle Club

    The Bandidos Motorcycle Club (Bandidos) is an OMG with a membership of 2,000 to 2,500 persons in the U.S. and in 13 other countries. The Bandidos constitute a growing criminal threat to the U.S. Law enforcement authorities estimate that the Bandidos are one of the two largest OMGs operating in the U.S., with approximately 900 members belonging to 93 chapters. The Bandidos are involved in transporting and distributing cocaine and marijuana and are involved in the production, transportation and distribution of methamphetamine. The Bandidos are most active in the Pacific, Southeastern, Southwestern and the West Central regions of the U.S. The Bandidos are expanding in each of these regions by forming additional chapters and allowing members of supporting clubs, known as “puppet” or “duck” club members who have sworn allegiance to another club but who support and do the “dirty work” of a mother club – to form new or join existing Bandidos chapters.

    Bandidos tattoos on the back Bandidos Jacket Bandidos jacket
    Bandidos Banner Bandidos logos on jacket
  • Black Pistons Motorcycle Club

    The Black Pistons Motorcycle Club (Black Pistons) is the official support club for the Outlaws Motorcycle Club (Outlaws). Established in 2002 with the backing of the Outlaws, the Black Pistons have expanded rapidly throughout the U.S., Canada and Europe. The Black Pistons have an estimated 70 domestic chapters in 20 states and an unknown number of foreign chapters in Belgium, Canada, Germany, Great Britain, Norway and Poland. The exact number of Black Pistons members is unknown but the figure is estimated to be more than 200 in the U.S. The Outlaws use the Black Pistons chapters as a recruitment source for prospective Outlaws members. The Outlaws also use the Black Pistons chapters to conduct criminal activity, especially for the transportation and distribution of drugs. Members of the Black Pistons are also known to engage in assault, extortion, fraud, intimidation and theft.

    Black Pistons Logo Black Pistons Jacket
  • Hells Angels Motorcycle Club

    The Hells Angels Motorcycle Club (Hells Angels) is an OMG with between 2,000 and 2,500 members who belong to over 230 chapters in the U.S. and in 26 foreign countries. The Hells Angels pose a criminal threat on six continents. U.S. law enforcement authorities estimate that the Hells Angels have more than 92 chapters in 27 states with a membership in excess of 800 persons. The Hells Angels are involved in the production, transportation and distribution of marijuana and methamphetamine. Additionally, the Hells Angels are involved in the transportation and distribution of cocaine, hashish, heroin, LSD (lysergic acid diethylamide), ecstasy, PCP (phencyclidine) and diverted pharmaceuticals. The Hells Angels are also involved in other criminal activity including assault, extortion, homicide, money laundering and motorcycle theft.

    Hells Angels tattoo Hells Angels Californina Jacket Hells Angels 26th World Run, 29th Europe Run Prague - Bohemia
    Hells Angels poster Hells Angels California and Minnesota Hells Angels California, Nevada and New York
  • Mongols Motorcycle Club

    The Mongols Motorcycle Club (Mongols) is an extremely violent OMG that poses a serious criminal threat to the Pacific and Southwestern regions of the U.S. The Mongols are engaged in the transportation and distribution of cocaine, marijuana and methamphetamine. The Mongols are also known to frequently commit violent crime including assault, intimidation and murder in defense of their territory, and to uphold the reputation of the club. A majority of the Mongols membership consists of Hispanic males who live in the Los Angeles area, and many are former street gang members with a long history of using violence to settle grievances. Agents with the Bureau of Alcohol, Tobacco, Firearms (ATF) have called the Mongols the most violent and dangerous OMG in the nation. In the 1980’s the Mongols seized control of Southern California from the Hells Angels, and today, the Mongols are allied with the Bandidos, the Outlaws, the Sons of Silence and the Pagans against the Hells Angels. The Mongols have also maintained their ties with Hispanic street gangs in Los Angeles.

    Mongols tattoos on back of the head and neck Mongols Inidana Jacket Mongols California Jacket and Outlaws Indiana Jacket
    Mongols California Jacket
  • Outlaws Motorcycle Club

    The Outlaws Motorcycle Club (Outlaws) have more than 1,700 members who belong to 176 chapters in the U.S. and in 12 foreign countries. U.S. law enforcement authorities estimate that the Outlaws have more than 86 chapters in 20 states with over 700 members. The Outlaws also identify themselves as the A.O.A. (American Outlaws Association) and the Outlaws Nation. The Outlaws are the dominant OMG in the Great Lakes region. The Outlaws are involved in the production, transportation and distribution of methamphetamine, the transportation and distribution of cocaine, marijuana and, to a lesser extent, ecstasy. The Outlaws engage in various criminal activities including arson, assault, explosives, extortion, fraud, homicide, intimidation, kidnapping, money laundering, prostitution, robbery, theft and weapons violations. The Outlaws compete with the Hells Angels for both members and territory.

    Outlaw Motorcycle Gang member on a motorcycle Outlaw Motorcycle Gang Detroit Outlaw Motorcycle Gang tattoos on the chest
    Outlaw Motorcycle Gang Tee Shirt Bay City Outlaw Motorcycle Gang tattoos on the chest and arm Outlaw Motorcycle Gang jacket Illinois
    Outlaw Motorcycle tattoo Outlaw Motorcycle Gang member tattoo on the back, shoulder and arms Outlaw Motorcycle Gang member close up tattoo on the back
    Outlaw Motorcycle Gang Australia and Germany Outlaw Motorcycle Gang Outlaw Motorcycle Gang
    Outlaw Motorcycle Gang tattoos on stomach and chest Outlaw Motorcycle Gang Inidana Jacket
  • Pagans Motorcycle Club

    The Pagans Motorcycle Club (Pagans) is a violent OMG whose membership distribute cocaine, methamphetamine, marijuana and PCP (phencyclidine). The Pagans are one of the most prominent OMGs in the Mid-Atlantic region. The Pagans have an estimated 200 to 250 members among 41 chapters in 11 states. The Pagans have been tied to traditional organized crime groups in Philadelphia, Pittsburgh and New York and have engaged in criminal activities such as arson, assault, bombing, extortion and murder.

    Pagans tattoos on the forearem Pagans motorcycle jacket Pagans jean jacket
    Pagans logo Pagans tattoo Pagans logo
  • Sons of Silence

    Sons of Silence Motorcycle Club (SOSMC) is one of the largest OMGs in the United States, with 250 to 275 members among 30 chapters in 12 states. The club also has five chapters in Germany. SOSMC members have been implicated in numerous criminal activities, including murder, assault, drug trafficking, intimidation, extortion, prostitution operations, money laundering, weapons trafficking, and motorcycle and motorcycle parts theft.

    Sons of Silence National motorcycle jacket Support the Sons of Silence Nation T-Shirt (Slogan) The Greatest Pleasure in Life is doing what people say can't be done and doing it with the people you Love! - It's Not an Attitude It's a Way of Life Sons of Silence National advertisement
  • Vagos Motorcycle Club

http://www.justice.gov/criminal/ocgs/gangs/motorcycle.html

iraq-map-ramadiWAR ZONESiraq-ethnic-mapSunni-Shia-Map-PEW

ISIL militants take full control of Iraq’s Ramadi

ISIS captures Ramadi

May 17 2015 Breaking News IRAN led Shiite paramilitaries have been deployed to Ramadi Iraq

ISIL seizes Iraq’s Ramadi

Islamic State ‘seizes Iraqi city of Ramadi’ – BBC News

Watch: ‘Islamic State forces’ march into Ramadi after seizing the Iraqi city

ISIS Seizes Government Headquarters in Ramadi, Iraq

PBS NewsHour Weekend full episode May 17, 2015

US Special Forces Secret Night Mission kills senior ISIS Commander Abu Sayyaf in Syria

How will Abu Sayyaf’s death impact ISIS?

U.S. Army’s Delta force kills senior ISIS commander

U.S. troops kill ISIS leader

Syria: 1st SFOD-D Kill Abu Sayyaf, Capture His Wife, Free Yazidi Slave Girl, Secure Intelligence

ISIS Leader Killed USA (Boots On The Ground)

Iraqi city of Ramadi falls to Islamic State as police, military retreat

By Hugh Naylor and Mustafa Salim

Mideast_Iraq_Islamic_State

The capital of Anbar province fell to Islamic State militants Sunday as hundreds of police personnel, soldiers and tribal fighters abandoned the city, prompting the Iraqi premier to order Iranian-aligned Shiite militias to join the fight to win back control.
The fall of Ramadi represented a huge victory for the Islamic State and dealt a profound blow to Iraq’s U.S.-backed government, led by Prime Minister Haidar al-Abadi, and its military campaign to drive the extremist group out of the war-torn country. Just 24 hours before, officials in Baghdad announced that military reinforcements had been dispatched to defend the city, capital of Iraq’s largest province, against a brutal assault that began on Thursday.
But by Sunday, even the roads to Baghdad, 80 miles to the east, appeared vulnerable to the militant advance.
“Ramadi has fallen,” Muhannad Haimour, a spokesman for the Anbar governor told the Associated Press. “The city was completely taken…It was a gradual deterioration. The military is fleeing.”
Sunday’s developments, including Abadi’s decision to deploy Shiite militias to the country’s Sunni heartland, could complicate the U.S.-led campaign targeting the extremist group, which in recent days has included American airstrikes against militant positions in Ramadi in an effort to keep the city in government hands. U.S. officials have expressed concern over the divisive, sectarian-motivated — and increasingly powerful — Iranian-backed Shiite militias.
Carried by state television on Sunday evening, Abadi’s announcement, which contained few details, also included a plea for pro-government forces not to abandon their positions in Anbar.
The rapid disintegration of pro-government forces in Ramadi conjured memories of the Islamic State’s similar lighting defeat of Iraq’s weak military during sweeping advances throughout northern areas of the country last summer. Security forces retreated from the Malaab area of Ramadi at 1:30 p.m., abandoning about 60 military vehicles, including military-grade Humvees, to the militants, said Col. Nasser al-Alwani of the Ramadi police force. About half of the abandoned vehicles were sent by the U.S.-backed government on Saturday to reinforce the neighborhood, he added.
“Today, everybody retreated from the Malaab area, including counterterrorism units, army and police,” he said by telephone. Along with soldiers and counterterrorism units, the force of about 400 police officers who fall under Alwani’s command retreated in their vehicles to the east, he said. Islamic State fighters besieged them on all roads, forcing them to abandon the vehicles and escape on foot. A military convoy from the al-Habbaniyah air base later retrieved the fleeing Iraqi forces, he added.
“The retreat was complete chaos. There was no organization,” Alwani said, describing attacks by “hundreds” of Islamic State militants.
Earlier in the day, militants posted a statement on social media by the Islamic State that described Sunday’s events as a major military success, saying that the group “had imposed its control over all of Ramadi.”
In Mosul, Iraq’s second-largest city, which the group captured in June, loud street celebrations were being held that involved fighters shooting automatic weapons into the air and passing out candy, according to a resident in the city. He spoke on condition of anonymity, citing concern for his safety.
“The streets are full of cars honking horns and shouting Allahu Akbar because of Ramadi,” he said in a Facebook message.
In a sign of the seriousness over the situation in Anbar, the prime minister’s order to Shiite militias came just hours after Anbar’s provincial council voted in favor of allowing the irregular forces — known by the government as “popular mobilization units” — to participate in the battle to retake the city.
Iraqis, particularly in the Sunni-dominated province, are wary of the militias and the Shiite-led government in Baghdad. The Islamic State has capitalized on Sunni grievances to take control of most of most of Anbar.
“We voted yes to the measure,” said Kahtan Abed, officer manager for the provincial council’s head, Sabah Karhout. “We took this decision because we have nowhere else to turn. We’ve literally lost everything.”
Diplomats, analysts and Iraqis say that the powerful militias threaten to undermine Iraq’s government as well as delicate sectarian relations in the country. With aid from Shiite Iran, the militiamen carried out scores of attacks against American soldiers when U.S. forces were still fighting in Iraq. But more recently, the militias have proved to be a crucial force in retaking territory, including the city of Tikrit last month, from the Islamic State.
An official in one of the Iranian-backed Shiite militias, Kitaeb Hezbollah, confirmed by text message that the group’s militiamen have mobilized and been put on high alert. Jawad al-Talibawi, a spokesman for the armed wing of Asaib Ahl al-Haq, another Iran-aligned militia, said the group had mobilized 1,500 members of its special forces to enter Anbar. The fighters had spent months battling in Syria’s civil war against rebels seeking to overthrow President Bashar al-Assad’s regime, also an ally of Iran.
“Those 1,500 fighters are now awaiting the order to go in,” Talibawi said by telephone.
Omar al-Alwani, a pro-government tribal fighter from Ramadi, said no soldiers are left to defend eastern roads to the capital, Baghdad. He said he was among those who fled Malaab with the group of pro-government forces, which he estimated at more than 500. They left behind weapons that included artillery, machine-gun trucks and machine guns, he said.
“Daesh seized the police station, the big mosque” in the area, he said, adding that Islamic State fighters surrounded the area police station and fatally shot the senior officer there, Col. Muthana al-Jabari. Daesh is the Arabic acronym for the Islamic State.
He and others expressed concern about several hundred pro-government forces who are still surrounded by militants in a military operations hub in the city. According to unconfirmed reports, as many as 40 people in that facility were killed Sunday in two suicide bombings.
“Only God can help those people now. There is no one left to protect them,” said Alwani the tribal fighter.
However, Majed Abdullah, a captain in the Iraqi army who was besieged in the compound, said that scores of pro-government forces managed to escape the facility. They drove away, heading west, he said, adding that they left behind dozens on wounded soldiers and police. It is unclear whether the Islamic State has entered the compound, although there is fear that those who have been left behind could be executed by the militants.
“We’re on the Iraq-Jordan highway now and we’re waiting for orders to either reconstitute our forces and attack or retreat entirely,” Abdullah said by telephone. Using car bombings and heavy shelling, Islamic State militants launched a surprise attack Thursday on Ramadi, capturing most of the city’s neighborhoods by the following day. Residents, pro-government forces and officials accuse the militants of carrying out dozens of executions and systematic destruction of homes belonging to members of the security services.
Before the assault on Thursday, the Islamic State had already taken control of most of Anbar during sweeping advances last summer throughout Iraq.
Just under a decade ago, U.S.-backed Sunni tribes in Anbar led a revolt against al-Qaeda in Iraq, the precursor to the Islamic State. But frustration with Iraq’s Shiite-led government persuaded a number of tribesmen in the province to side with the Islamic State.
Rafia al-Fahdawi, an elder in the province’s Albu Fahed tribe, expressed doubt that a similar tribal uprising could be waged at the moment against the extremist group. On Saturday, he and dozens of fellow Sunni tribal leaders also issued a call for Shiite militias to intervene in Anbar.
“The army has let us down. The SWAT team has let us down. We can’t depend on these forces, and we need forces that are inspired to fight hard,” he said, referring to the militias.

Islamic State captures government compound in Ramadi

An Iraqi official says Islamic State militants have captured the main government compound inRamadi, the capital of the western Anbar province, after fierce clashes with security forces.

Ramadi’s Mayor Dalaf al-Kubaisi says the militants raised the black flag of the IS group over the area on Friday after troops were forced to withdraw from the compound, which houses most of the city’s government offices.

He says the IS militants are now attacking the Anbar Operation Command, the military headquarters for the province.

U.S. troops saw some of the heaviest fighting of the eight-year Iraq intervention in Anbar, and Ramadi was a major insurgent stronghold.

The IS assault on the government compound began with three nearly simultaneous suicide car bombings that killed 10 police and wounded seven others.

Read more: http://www.washingtontimes.com/news/2015/may/15/islamic-state-captures-government-compound-ramadi/#ixzz3aWZxTx2I
Follow us: @washtimes on Twitter

Careless tweets costs jihadis: ISIS orders fighters to stop giving away their tactics by bragging on social media

  • Embarrassing defeats at Kobane and Tikrit has left ISIS feeling under pressure 
  • Fighters continue to join social media despite the threat of frequent suspensions
  • A series of social media blunders has previously led to fighters giving away their positions and tactics 
  • Islamic State have recently launched new offensives for the Baiji oil fields and the Iraqi city of Ramadi

Following heavy defeats at Tikrit in Iraq and the appalling costly siege of Kobane, Islamic State have launched their own  social media rules to censor coverage on its recent defeats.

The image of the rules began to circulate on social media, two weeks after Islamic State was forced to abandon the Iraqi city of Tikrit.

With ISIS propaganda team releasing endless sets of dull publicity photos from life inside Iraq and Syria, the senior commanders appear keen to eradicate any hint of problems within the group’s territory.

The media crackdown appears to be an attempt by ISIS senior commanders to eradicate any knowledge of the extremist group's defeats or internal problems.

The media crackdown appears to be an attempt by ISIS senior commanders to eradicate any knowledge of the extremist group’s defeats or internal problems.

Some ISIS supporters on social media appear to be exasperated by the apparent leaking of information and discussions of the defeat at Tikrit.

Some ISIS supporters on social media appear to be exasperated by the apparent leaking of information and discussions of the defeat at Tikrit.

Specific details like the manufacturing of new weapons and any pictures of ISIS fighters, have been deemed by ISIS as a breach of online security. 

Perhaps the strangest and most unclear rule reads: ‘The stupendous spread of Mujahideen along a specific locations’ It appears unknown what the extremist group meant by ‘the stupendous spread of mujahideen.’

Whilst it remains unknown how Islamic State will manage to enforce these rules, the jihadi group has previously struggled to keep any control of its fighters and supporters on social media.

One exasperated ISIS supporter wrote: ‘Brothers, please stop posting news about anything in Tirkit or Ramadi walla. You are doing more harm to the mujahideen than good. Fear Allah.’ 

Some of the rules, particularly regarding the publishing information on the location of fighters and the use of tactics, appears to come after a series of calamitous social media errors by some fighters.  

Islamic State fighter Mark Taylor, originally from New Zealand, shot to fame after accidentally tweeting his location whilst fighting in Syria.

Taylor forgot to turn off the geo-locator setting on his account, allowing intelligence services to successfully track his every movement. He even managed to give away where he was living in al-Tabaqah, south west Raqqa. 

19-year-old Ali Kalantar's death was first tweeted by Halane, under the nom de guerre, Umm Jafar al-Britaniyah. Halane quickly deleted the tweets but not before a screenshot had sent them viral.

Known as Ali Al-Farsi, 19-year-old Ali Kalantar’s death was first tweeted by Halane, under the nom de guerre, Umm Jafar al-Britaniyah.

British terror twin Zahra Halane (left) and Kiwi fighter Mark Taylor (right), have both been criticised by ISIS supporters for giving away information on fighters and locations.

Islamic State commander fear that with the deadly coalition air strikes decimating their ranks, such lapses in security is proving costly. 

In particular female jihadis have been criticized by fellow ISIS supporters for their loose lipped attitude on social media. One of the British terror twins, Zahra Halane, has previously broken the rules by announcing the death of her husband on social media.

Known as Ali Al-Farsi, 19-year-old Ali Kalantar’s death was first tweeted by Halane, under the nom de guerre, Umm Jafar al-Britaniyah. Halane quickly deleted the tweets but not before a screenshot had sent them viral. 

Islamic State propaganda remains highly important to their strategy for recruitment and legitimacy. ISIS media continue to churn out endless propaganda photos from inside ISIS territory.

Islamic State propaganda remains highly important to their strategy for recruitment and legitimacy. ISIS media continue to churn out endless propaganda photos from inside ISIS territory.

Islamic State fighters have recently made worrying gains near the Iraqi city of Ramadi, Anbar province. Shiite paramilitary groups and other reinforcements are reportedly heading to Ramadi to provide support against the ISIS threat.

Islamic State fighters have recently made worrying gains near the Iraqi city of Ramadi, Anbar province. Shiite paramilitary groups and other reinforcements are reportedly heading to Ramadi to provide support against the ISIS threat.

New propaganda photos from Anbar province claim that ISIS were warmly welcomed as they entered a nearby town near Ramadi.

New propaganda photos from Anbar province claim that ISIS were warmly welcomed as they entered a nearby town near Ramadi.

Islamic State continue to launch new offensives, targeting the strategic Iraqi oil fields at Baiji and the city of Ramadi in Anbar province.

Islamic State continue to launch new offensives, targeting the strategic Iraqi oil fields at Baiji and the city of Ramadi in Anbar province.

Using suicide bombers to destroy the surrounding fence, Islamic State fighters have been managed to fight their way inside the oil field compound in Salahuddin province.

Parts of the oil fields have frequently changed hands between the Iraqi army and militants from Islamic State. Due to its remote desert location, it has proved to be a difficult base to maintain.

Newly published photos and a brief video shows dozens of ISIS fighters celebrating inside the oil field’s facilities.

It remains unknown how long they will manage to hold out before the Baghdad forces re-take it.

Using suicide bombers to destroy the surrounding fence, Islamic State fighters have been managed to fight their way inside the oil field compound

Using suicide bombers to destroy the surrounding fence, Islamic State fighters have been managed to fight their way inside the oil field compound

Situated in Salahuddin province, the Baiji oil fields has long been seen as a key stategic target for Islamic State. it remains unknown how long they will manage to hold out before the Baghdad forces re-take it.

 Newly published photos and a brief video shows dozens of ISIS fighters celebrating inside the oil fields facilities.

 http://www.dailymail.co.uk/news/article-3043193/Careless-tweets-costs-jihadis-ISIS-orders-fighters-stop-giving-away-tactics-bragging-social-media.html

Delta Force Commandos Kill Key ISIS Leader in Ground Raid in Syria

In a ground raid deep in Syrian territory, U.S. special operations forces killed a top ISIS leader who they were attempting to capture and interrogate about American hostages and how the terror group finances its war machine, the Obama

a pretty good fight on the ground.
Battle for control in Syria

Battle for control in Syria

U.S. conducts raid in Syria, says it kills senior Islamic State leader

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National Security Agency Whistle-blower William Binney on U.S. Government Efforts to Control American People — Binney Should Be Awarded The Presidential Medal of Freedom — Videos

Posted on May 3, 2015. Filed under: American History, Articles, Blogroll, Books, Business, Central Intelligence Agency (CIA), College, Communications, Computers, Constitution, Corruption, Crime, Crisis, Data Storage, Documentary, Drug Cartels, Economics, Education, Employment, Entertainment, External Hard Drives, Faith, Family, Federal Bureau of Investigation (FBI), Federal Communications Commission, Federal Government, Federal Government Budget, Films, Fiscal Policy, Foreign Policy, Freedom, government, government spending, history, liberty, Life, Links, Literacy, media, Movies, National Security Agency (NSA), National Security Agency (NSA_, Non-Fiction, People, Philosophy, Photos, Police, Politics, Press, Psychology, Radio, Rants, Raves, Security, Speech, Systems, Tax Policy, Terrorism, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

william binneybill-binney-we-are-now-a-police-stateBill-Binney07Former NSA technical director Binney sits in the witness stand of a parliamentary inquiry in Berlinbinney

NSA Whistle-blower William Binney: The Future of FREEDOM

A 36-year veteran of America’s Intelligence Community, William Binney resigned from his position as Director for Global Communications Intelligence (COMINT) at the National Security Agency (NSA) and blew the whistle, after discovering that his efforts to protect the privacy and security of Americans were being undermined by those above him in the chain of command.

The NSA data-monitoring program which Binney and his team had developed — codenamed ThinThread — was being aimed not at foreign targets as intended, but at Americans (codenamed as Stellar Wind); destroying privacy here and around the world. Binney voices his call to action for the billions of individuals whose rights are currently being violated.

William Binney speaks out in this feature-length interview with Tragedy and Hope’s Richard Grove, focused on the topic of the ever-growing Surveillance State in America.

On January 22, 2015: (Berlin, Germany) – The Government Accountability Project (GAP) is proud to announce that retired NSA Technical Director and GAP client, William “Bill” Binney, will accept the Sam Adams Associates for Integrity in Intelligence Award today in Berlin, Germany. The award is presented annually by the Sam Adams Associates for Integrity in Intelligence (SAAII) to a professional who has taken a strong stand for ethics and integrity. http://whistleblower.org/press/nsa-wh…

NSA Whistle-blower: Everyone in US under virtual surveillance, all info stored, no matter the post

Former NSA Head Exposes Agency’s Real Crimes

Edward Snowden, v 1.0: NSA Whistleblower William Binney Tells All

“Where I see it going is toward a totalitarian state,” says William Binney. “You’ve got the NSA doing all this collecting of material on all of its citizens – that’s what the SS, the Gestapo, the Stasi, the KGB, and the NKVD did.”

Binney is talking about the collection of various forms of personal data on American citizens by the National Security Agency (NSA), where he worked for 30 years before quitting in 2001 from his high-placed post as technical leader for intelligence. A registered Republican for most of his life, Binney volunteered for military service during the Vietnam War, which led to his being hired by the NSA in the early ’70s.

In 2002 – long before the revelations of Edward Snowden rocked the world – Binney and several former colleagues went to Congress and the Department of Defense, asking that the NSA be investigated. Not only was the super-secretive agency wasting taxpayer dollars on ineffective programs, they argued, it was broadly violating constitutional guarantees to privacy and due process.

The government didn’t just turn a blind eye to the agency’s activities; it later accused the whistleblowers of leaking state secrets. A federal investigation of Binney – including an FBI search and seizure of his home and office computers that destroyed his consulting business – exonerated him on all charges.

“We are a clear example that [going through] the proper channels doesn’t work,” says Binney, who approves of Edward Snowden’s strategy of going straight to the media. At the same time, Binney criticizes Snowden’s leaking of documents not directly related to the NSA’s surveillance of American citizens and violation of constitutional rights. Binney believes that the NSA is vital to national security but has been become unmoored due to technological advances that vastly extend its capabilities and leadership that has no use for limits on government power. “They took that program designed [to prevent terrorist attacks] and used it to spy on American citizens and everyone else in the world,” flatly declares Binney (33:30).

Binney sat down with Reason TV’s Nick Gillespie to discuss “Trailblazer”, a data-collection program which was used on American citizens (1:00), why he thinks the NSA had the capability to stop the 9/11 attacks (7:00), his experience being raided by the FBI in 2007 (12:50), and why former President Gerald Ford, usually regarded as a hapless time-server, is one of his personal villians (41:25).

NSA Whistle-Blower Tells All: The Program | Op-Docs | The New York Times

William Binney: NSA had 9/11 foreknowledge

NSA Whistleblower Supports 9/11 Truth – William Binney and Richard Gage on GRTV

“The NSA Is Lying”: U.S. Government Has Copies of Most of Your Emails Says NSA Whistleblower

William Binney (U.S. intelligence official)

From Wikipedia, the free encyclopedia
William Binney
William Binney-IMG 9040.jpg

Binney at the Congress on Privacy & Surveillance (2013) of the École polytechnique fédérale de Lausanne (EPFL).
Born William Edward Binney
Pennsylvania, US
Education Pennsylvania State University(B.S., 1970)
Occupation Cryptanalyst-mathematician
Employer National Security Agency (NSA)
Known for Cryptography, SIGINT analysis,whistleblower
Awards Meritorious Civilian Service Award, Joe A. Callaway Award for Civic Courage (2012)[1]

William Edward Binney[2] is a former highly placed intelligence official with the United States National Security Agency (NSA)[3] turned whistleblower who resigned on October 31, 2001, after more than 30 years with the agency. He was a high-profile critic of his former employers during the George W. Bush administration.

Binney continues to speak out during Barack Obama‘s presidency about the NSA’s data collection policies, and continues interviews in the media regarding his experiences and his views on communication intercepts by governmental agencies of American citizens. In a legal case, Binney has testified in an affidavit that the NSA is in deliberate violation of the U.S. Constitution.

Biography

Binney grew up in rural Pennsylvania and graduated with a Bachelor of Science degree in mathematics from the Pennsylvania State University in 1970. He said that he volunteered for the Army during the Vietnam era in order to select work that would interest him rather than be drafted and have no input. He was found to have strong aptitudes for mathematics, analysis, and code-breaking,[4] and served four years from 1965–1969 at the Army Security Agency before going to the NSA in 1970. Binney was a Russia specialist and worked in the operations side of intelligence, starting as an analyst and ending as Technical Director prior to becoming a geopolitical world Technical Director. In the 1990s, he co-founded a unit on automating signals intelligence with NSA research chief Dr. John Taggart.[5] Binney’s NSA career culminated as Technical Leader for intelligence in 2001. Having expertise in intelligence analysis, traffic analysis, systems analysis, knowledge management, and mathematics (including set theory, number theory, and probability),[6] Binney has been described as one of the best analysts in the NSA’s history.[7] After retiring from the NSA he founded “Entity Mapping, LLC”, a private intelligence agency together with fellow NSA whistleblower J. Kirk Wiebe to market their analysis program to government agencies. NSA continued to retaliate against them, ultimately preventing them from getting work, or causing contracts they had secured to be terminated abruptly.[8]

Whistleblowing

Binney sitting in the offices ofDemocracy Now! in New York City, prior to appearing with hosts Amy Goodman, Juan Gonzalez, and guest Jacob Appelbaum. Photo taken byJacob Appelbaum.

In September 2002, he, along with J. Kirk Wiebe and Edward Loomis, asked the U.S. Defense Department to investigate the NSA for allegedly wasting “millions and millions of dollars” on Trailblazer, a system intended to analyze data carried on communications networks such as the Internet. Binney had been one of the inventors of an alternative system, ThinThread, which was shelved when Trailblazer was chosen instead. Binney has also been publicly critical of the NSA for spying on U.S. citizens, saying of its expanded surveillance after the September 11, 2001 attacks that “it’s better than anything that the KGB, the Stasi, or the Gestapo and SS ever had”[9] as well as noting Trailblazer’s ineffectiveness and unjustified high cost compared to the far less intrusive ThinThread.[10] He was furious that the NSA hadn’t uncovered the 9/11 plot and stated that intercepts it had collected but not analyzed likely would have garnered timely attention with his leaner more focused system.[7]

After he left the NSA in 2001, Binney was one of several people investigated as part of an inquiry into the 2005 New York Times exposé[11][12] on the agency’s warrantless eavesdropping program. Binney was cleared of wrongdoing after three interviews with FBI agents beginning in March 2007, but one morning in July 2007, a dozen agents armed with rifles appeared at his house, one of whom entered the bathroom and pointed his gun at Binney, still towelling off from a shower. In that raid, the FBI confiscated a desktop computer, disks, and personal and business records. The NSA revoked his security clearance, forcing him to close a business he ran with former colleagues at a loss of a reported $300,000 in annual income. In 2012, Binney and his co-plaintiffs went to federal court to get the items back. Binney spent more than $7,000 on legal fees.[13]

During interviews on Democracy Now! in April and May 2012[14] with elaboration in July 2012 at 2600’s hacker conference HOPE[4] and at DEF CON a couple weeks later,[15]Binney repeated estimates that the NSA (particularly its Stellar Wind project[16]) had intercepted 20 trillion communications “transactions” of Americans such as phone calls, emails, and other forms of data (but not including financial data). This includes most of the emails of US citizens. Binney disclosed in an affidavit for Jewel v. NSA[17] that the agency was “purposefully violating the Constitution”.[6] Binney also notes that he found out after retiring that the NSA was pursuing collect-it-all vs. targeted surveillance even before the 9/11 attacks.

Binney was invited as a witness by the NSA commission of the German Bundestag. On July 3, 2014 the Spiegel wrote, he said that the NSA wanted to have information about everything. In Binney’s view this is a totalitarian approach, which had previously been seen only in dictatorships.[18] Binney stated the goal was also to control people. Meanwhile, he said it is possible in principle to survey the whole population, abroad and in the US, which in his view contradicts the United States Constitution. In October 2001, shortly after the 9/11 attacks, the NSA began with its mass surveillance, he said. Therefore, he left the secret service shortly afterwards, after more than 30 years of employment. Binney mentioned that there were about 6000 analysts in the surveillance at NSA already during his tenure. According to him, everything changed after 9/11. The NSA used the attacks as a justification to start indiscriminate data collection. “This was a mistake. But they still do it”, he said. The secret service was saving the data as long as possible: “They do not discard anything. If they have anything they keep it.” Since then, the NSA has been saving collected data indefinitely. Binney said he deplored the NSA’s development of the past few years, to collect data not only on groups who are suspicious for criminal or terrorist activities. “We have moved away from the collection of these data to the collection of data of the 7 billion people on our planet.” Binney said he argued even then, to only pull relevant data from the cables. Access to the data was granted to departments of the government or the IRS.[18]

In August 2014 Binney was among the signatories of an open letter by the group Veteran Intelligence Professionals for Sanity to German chancellor Angela Merkel in which they urged the Chancellor to be suspicious of U.S. intelligence regarding the alleged invasion of Russia in Eastern Ukraine.[19][20]

See also

The Future of Freedom: A Feature Interview with NSA Whistleblower William Binney

http://en.wikipedia.org/wiki/William_Binney_%28U.S._intelligence_official%29

Background Articles and Videos

Presidential Medal of Freedom

From Wikipedia, the free encyclopedia
Presidential Medal of Freedom
PresMedalFreedom.jpg
Awarded by
Seal of the President of the United States.svg
President of the United States
Type Medal
Awarded for “An especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors.”[1]
Status Active
Statistics
Established 1960
First awarded 1960
Distinct
recipients
unknown; an average of fewer than 11 per year since 1993 [2]
Precedence
Next (lower) Presidential Citizens Medal
Presidential Medal of Freedom with Distinction (ribbon).PNG Presidential Medal of Freedom (ribbon).png
Service ribbon of the Presidential Medal of Freedom
(left: Medal with Distinction)

The Presidential Medal of Freedom is an award bestowed by the President of the United States and is—along with the comparable Congressional Gold Medal, bestowed by an act of U.S. Congress—the highest civilian award of the United States. It recognizes those individuals who have made “an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors”.[3] The award is not limited to U.S. citizens and, while it is a civilian award, it can also be awarded to military personnel and worn on the uniform.

It was established in 1963 and replaced the earlier Medal of Freedom that was established by President Harry S. Truman in 1945 to honor civilian service duringWorld War II.

History of the award

Similar in name to the Medal of Freedom,[3] but much closer in meaning and precedence to the Medal for Merit: the Presidential Medal of Freedom is currently the supreme civilian decoration in precedence, whereas the Medal of Freedom was inferior in precedence to the Medal for Merit; the Medal of Freedom was awarded by any of three Cabinet secretaries, whereas the Medal for Merit was awarded by the president, as is the Presidential Medal of Freedom. Another measure of the difference between these two similarly named but very distinct awards is their per-capita frequency of award: from 1946 to 1961 the average annual incidence of award of the Medal of Freedom was approximately 1 per every 86,500 adult U.S. citizens; from 1996 to 2011 the average annual incidence of award of the Presidential Medal of Freedom was approximately 1 per every 20,500,000 adult U.S. citizens (so on an annualized per capita basis, 240 Medals of Freedom have been awarded per one Presidential Medal of Freedom).[2][4]

President John F. Kennedy established the current decoration in 1963 through Executive Order 11085, with unique and distinctive insignia, vastly expanded purpose, and far higher prestige.[1] It was the first U.S. civilian neck decoration and, in the grade of Awarded With Distinction, is the only U.S. sash and star decoration (the Chief Commander degree of the Legion of Merit – which may only be awarded to foreign heads of state – is a star decoration, but without a sash). The Executive Order calls for the medal to be awarded annually on or around July 4, and at other convenient times as chosen by the president,[5] but it has not been awarded every year (e.g., 2001, 2010). Recipients are selected by the president, either on his own initiative or based on recommendations. The order establishing the medal also expanded the size and the responsibilities of the Distinguished Civilian Service Awards Board so it could serve as a major source of such recommendations.

The medal may be awarded to an individual more than once; John Kenneth Galbraith and Colin Powell each have received two awards; Ellsworth Bunker received both of his awards With Distinction. It may also be awarded posthumously; examples include Cesar Chavez, Paul “Bear” Bryant, Roberto Clemente, Jack Kemp, John F. Kennedy, Thurgood Marshall and Lyndon Johnson.

Insignia

Medal andaccoutrementsincluding undress ribbon, miniature, and lapel badge.

Graphical representation of the Presidential Medal of Freedom with Distinction

The badge of the Presidential Medal of Freedom is in the form of a golden star with white enamel, with a red enamel pentagon behind it; the central disc bears thirteen gold stars on a blue enamel background (taken from the Great Seal of the United States) within a golden ring. Golden American bald eagles with spread wings stand between the points of the star. It is worn around the neck on a blue ribbon with white edge stripes.

A special grade of the medal, known as the Presidential Medal of Freedom with Distinction,[6] has a larger execution of the same medal design worn as a star on the left chest along with a sash over the right shoulder (similar to how the insignia of a Grand Cross is worn), with its rosette (blue with white edge, bearing the central disc of the medal at its center) resting on the left hip. When the medal With Distinction is awarded, the star may be presented depending from a neck ribbon and can be identified by its larger size than the standard medal (compare size of medals in pictures below; President Reagan’s was awarded With Distinction).

Both medals may also be worn in miniature form on a ribbon on the left chest, with a silver American bald eagle with spread wings on the ribbon, or a golden American bald eagle for a medal awarded With Distinction. In addition, the medal is accompanied by a service ribbon for wear on military service uniform, a miniature medal pendant for wear on mess dress or civilian formal wear, and a lapel badge for wear on civilian clothes (all shown in the accompanying photograph of the full presentation set).

Recipients

Gallery

See also

References

  1. ^ Jump up to:a b Executive Order 11085, signed February 22, 1960; Federal Register 28 FR 1759, February 26, 1963
  2. ^ Jump up to:a b Senate.gov
  3. ^ Jump up to:a b Executive Order 9586, signed July 6, 1945; Federal Register 10 FR 8523, July 10, 1945
  4. Jump up^ Census.gov
  5. Jump up^ Presidential Medal of Freedom Award

http://en.wikipedia.org/wiki/Presidential_Medal_of_Freedom

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Through a PRISM, Darkly – Everything we know about NSA spying [30c3]

Published on Dec 30, 2013

Through a PRISM, Darkly
Everything we know about NSA spying

From Stellar Wind to PRISM, Boundless Informant to EvilOlive, the NSA spying programs are shrouded in secrecy and rubber-stamped by secret opinions from a court that meets in a faraday cage. The Electronic Frontier Foundation’s Kurt Opsahl explains the known facts about how the programs operate and the laws and regulations the U.S. government asserts allows the NSA to spy on you.
The Electronic Frontier Foundation, a non-profit civil society organization, has been litigating against the NSA spying program for the better part of a decade. EFF has collected and reviewed dozens of documents, from the original NY Times stories in 2005 and the first AT&T whistleblower in 2006, through the latest documents released in the Guardian or obtained through EFF’s Freedom of Information (government transparency) litigation. EFF attorney Kurt Opsahl’s lecture will describe how the NSA spying program works, the underlying technologies, the targeting procedures (how they decide who to focus on), the minimization procedures (how they decide which information to discard), and help you makes sense of the many code names and acronyms in the news. He will also discuss the legal and policy ramifications that have become part of the public debate following the recent disclosures, and what you can do about it. After summarizing the programs, technologies, and legal/policy framework in the lecture, the audience can ask questions.

Speaker: Kurt Opsahl
EventID: 5255
Event: 30th Chaos Communication Congress [30c3] by the Chaos Computer Club [CCC]
Location: Congress Centrum Hamburg (CCH); Am Dammtor; Marseiller Straße; 20355 Hamburg; Germany
Language: english

Glenn Becks “SURVEILLANCE STATE”

Inside the NSA

Ed Snowden, NSA, and Fairy Tales

AT&T Spying On Internet Traffic

For years the National Securities Agency, has been spying on each & every keystroke. The national headquarters of AT&T is in Missouri, where ex-employees describe a secret room. The program is called “Splitter Cut-In & Test Procedure.”

NSA Whistle-Blower Tells All – Op-Docs: The Program

The filmmaker Laura Poitras profiles William Binney, a 32-year veteran of the National Security Agency who helped design a top-secret program he says is broadly collecting Americans’ personal data.

NSA Whistleblower: Everyone in US under virtual surveillance, all info stored, no matter the post

He told you so: Bill Binney talks NSA leaks

William Benny – The Government is Profiling You (The NSA is Spying on You)

‘After 9/11 NSA had secret deal with White House’

The story of Whistleblower Thomas Drake

Whistleblowers, Part Two: Thomas Drake

NSA Whistleblower Thomas Drake speaks at National Press Club – March 15, 2013

Meet Edward Snowden: NSA PRISM Whistleblower

The Truth About Edward Snowden

N.S.A. Spying: Why Does It Matter?

Inside The NSA~Americas Cyber Secrets

NSA Whistleblower Exposes Obama’s Dragnet

AT&T whistleblower against immunity for Bush spy program-1/2

AT&T Whistleblower Urges Against Immunity for Telecoms in Bush Spy Program

The Senate is expected to vote on a controversial measure to amend the Foreign Intelligence Surveillance Act tomorrow. The legislation would rewrite the nation’s surveillance laws and authorize the National Security Agency’s secret program of warrantless wiretapping. We speak with Mark Klein, a technician with AT&T for over twenty-two years. In 2006 Klein leaked internal AT&T documents that revealed the company had set up a secret room in its San Francisco office to give the National Security Agency access to its fiber optic internet cables.

AT&T whistleblower against immunity for Bush spy program-2/2

Enemy Of The State 1998 (1080p) (Full movie)

Background Articles and Videos

Stellar Wind

Stellar Wind was the open secret code name for four surveillance programs by the United States National Security Agency (NSA) during the presidency of George W. Bush and revealed by Thomas Tamm to The New York Times reporters James Risen and Eric Lichtblau.[1] The operation was approved by President George W. Bush shortly after the September 11 attacks in 2001.[2] Stellar Wind was succeeded during the presidency of Barack Obama by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications.[3]

The program’s activities involved data mining of a large database of the communications of American citizens, including e-mail communications, phone conversations, financial transactions, and Internet activity.[1] William Binney, a retired Technical Leader with the NSA, discussed some of the architectural and operational elements of the program at the 2012 Chaos Communication Congress.[4]

There were internal disputes within the Justice Department about the legality of the program, because data are collected for large numbers of people, not just the subjects of Foreign Intelligence Surveillance Act (FISA) warrants.[4]

During the Bush Administration, the Stellar Wind cases were referred to by FBI agents as “pizza cases” because many seemingly suspicious cases turned out to be food takeout orders. According to Mueller, approximately 99 percent of the cases led nowhere, but “it’s that other 1% that we’ve got to be concerned about”.[2] One of the known uses of these data were the creation of suspicious activity reports, or “SARS”, about people suspected of terrorist activities. It was one of these reports that revealed former New York governor Eliot Spitzer’s use of prostitutes, even though he was not suspected of terrorist activities.[1]

In March 2012 Wired magazine published “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” talking about a vast new NSA facility in Utah and says “For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail,” naming the official William Binney, a former NSA code breaker. Binney went on to say that the NSA had highly secured rooms that tap into major switches, and satellite communications at both AT&T and Verizon.[5] The article suggested that the otherwise dispatched Stellar Wind is actually an active program.

http://en.wikipedia.org/wiki/Stellar_Wind_%28code_name%29

PRISM

PRISM is a clandestine national security electronic surveillance program operated by the United States National Security Agency (NSA) since 2007.[1][2][3][Notes 1] PRISM is a government codename for a data collection effort known officially as US-984XN.[8][9] It is operated under the supervision of the United States Foreign Intelligence Surveillance Court pursuant to the Foreign Intelligence Surveillance Act (FISA).[10] The existence of the program was leaked by NSA contractor Edward Snowden and published by The Guardian and The Washington Post on June 6, 2013.

A document included in the leak indicated that the PRISM SIGAD was “the number one source of raw intelligence used for NSA analytic reports.”[11] The President’s Daily Brief, an all-source intelligence product, cited PRISM data as a source in 1,477 items in 2012.[12] The leaked information came to light one day after the revelation that the United States Foreign Intelligence Surveillance Court had been requiring the telecommunications company Verizon to turn over to the NSA logs tracking all of its customers’ telephone calls on an ongoing daily basis.[13][14]

According to the Director of National Intelligence James Clapper, PRISM cannot be used to intentionally target any Americans or anyone in the United States. Clapper said a special court, Congress, and the executive branch oversee the program and extensive procedures ensure the acquisition, retention, and dissemination of data accidentally collected about Americans is kept to a minimum.[15] Clapper issued a statement and “fact sheet”[16] to correct what he characterized as “significant misimpressions” in articles by The Washington Post and The Guardian newspapers.[17]

History

Slide showing that much of the world’s communications flow through the US

Details of information collected via PRISM

PRISM is a “Special Source Operation” in the tradition of NSA’s intelligence alliances with as many as 100 trusted U.S. companies since the 1970s.[1] A prior program, the Terrorist Surveillance Program, was implemented in the wake of the September 11 attacks under the George W. Bush Administration but was widely criticized and had its legality questioned, because it was conducted without approval of the Foreign Intelligence Surveillance Court (FISC).[18][19][20][21] PRISM was authorized by an order of the FISC.[11] Its creation was enabled by the Protect America Act of 2007 under President Bush and the FISA Amendments Act of 2008, which legally immunized private companies that cooperated voluntarily with US intelligence collection and was renewed by Congress under President Obama in 2012 for five years until December 2017.[2][22] According to The Register, the FISA Amendments Act of 2008 “specifically authorizes intelligence agencies to monitor the phone, email, and other communications of U.S. citizens for up to a week without obtaining a warrant” when one of the parties is outside the U.S.[22]

PRISM was first publicly revealed on June 6, 2013, after classified documents about the program were leaked to The Washington Post and The Guardian by American Edward Snowden.[2][1] The leaked documents included 41 PowerPoint slides, four of which were published in news articles.[1][2] The documents identified several technology companies as participants in the PRISM program, including (date of joining PRISM in parentheses) Microsoft (2007), Yahoo! (2008), Google (2009), Facebook (2009), Paltalk (2009), YouTube (2010), AOL (2011), Skype (2011), and Apple (2012).[23] The speaker’s notes in the briefing document reviewed by The Washington Post indicated that “98 percent of PRISM production is based on Yahoo, Google and Microsoft.”[1]

The slide presentation stated that much of the world’s electronic communications pass through the United States, because electronic communications data tend to follow the least expensive route rather than the most physically direct route, and the bulk of the world’s internet infrastructure is based in the United States.[11] The presentation noted that these facts provide United States intelligence analysts with opportunities for intercepting the communications of foreign targets as their electronic data pass into or through the United States.[2][11]

According to The Washington Post, the intelligence analysts search PRISM data using terms intended to identify suspicious communications of targets whom the analysts suspect with at least 51 percent confidence to not be United States citizens, but in the process, communication data of some United States citizens are also collected unintentionally.[1] Training materials for analysts tell them that while they should periodically report such accidental collection of non-foreign United States data, “it’s nothing to worry about.”[1]

Response from companies

The original Washington Post and Guardian articles reporting on PRISM noted that one of the leaked briefing documents said PRISM involves collection of data “directly from the servers” of several major internet services providers.[2][1]

Initial Public Statements

Corporate executives of several companies identified in the leaked documents told The Guardian that they had no knowledge of the PRISM program in particular and also denied making information available to the government on the scale alleged by news reports.[2][24] Statements of several of the companies named in the leaked documents were reported by TechCrunch and The Washington Post as follows:[25][26]

Slide listing companies and the date that PRISM collection began

  • Microsoft: “We provide customer data only when we receive a legally binding order or subpoena to do so, and never on a voluntary basis. In addition we only ever comply with orders for requests about specific accounts or identifiers. If the government has a broader voluntary national security program to gather customer data we don’t participate in it.”[25]
  • Yahoo!: “Yahoo! takes users’ privacy very seriously. We do not provide the government with direct access to our servers, systems, or network.”[25] “Of the hundreds of millions of users we serve, an infinitesimal percentage will ever be the subject of a government data collection directive.”[26]
  • Facebook: “We do not provide any government organization with direct access to Facebook servers. When Facebook is asked for data or information about specific individuals, we carefully scrutinize any such request for compliance with all applicable laws, and provide information only to the extent required by law.”[25]
  • Google: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a backdoor for the government to access private user data.”[25] “[A]ny suggestion that Google is disclosing information about our users’ Internet activity on such a scale is completely false.”[26]
  • Apple: “We have never heard of PRISM. We do not provide any government agency with direct access to our servers, and any government agency requesting customer data must get a court order.”[27]
  • Dropbox: “We’ve seen reports that Dropbox might be asked to participate in a government program called PRISM. We are not part of any such program and remain committed to protecting our users’ privacy.”[25]

In response to the technology companies’ denials of the NSA being able to directly access the companies’ servers, The New York Times reported that sources had stated the NSA was gathering the surveillance data from the companies using other technical means in response to court orders for specific sets of data.[13] The Washington Post suggested, “It is possible that the conflict between the PRISM slides and the company spokesmen is the result of imprecision on the part of the NSA author. In another classified report obtained by The Post, the arrangement is described as allowing ‘collection managers [to send] content tasking instructions directly to equipment installed at company-controlled locations,’ rather than directly to company servers.”[1] “[I]n context, ‘direct’ is more likely to mean that the NSA is receiving data sent to them deliberately by the tech companies, as opposed to intercepting communications as they’re transmitted to some other destination.[26]

“If these companies received an order under the FISA amendments act, they are forbidden by law from disclosing having received the order and disclosing any information about the order at all,” Mark Rumold, staff attorney at the Electronic Frontier Foundation, told ABC News.[28]

Slide showing two different sources of NSA data collection. The first source the fiber optic cables of the internet handled by the Upstream program and the second source the servers of major internet companies handled by PRISM.[29]

On May 28, 2013, Google was ordered by United States District Court Judge Susan Illston to comply with a National Security Letter issued by the FBI to provide user data without a warrant.[30] Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, in an interview with VentureBeat said, “I certainly appreciate that Google put out a transparency report, but it appears that the transparency didn’t include this. I wouldn’t be surprised if they were subject to a gag order.”[31]

The New York Times reported on June 7, 2013, that “Twitter declined to make it easier for the government. But other companies were more compliant, according to people briefed on the negotiations.”[32] The other companies held discussions with national security personnel on how to make data available more efficiently and securely.[32] In some cases, these companies made modifications to their systems in support of the intelligence collection effort.[32] The dialogues have continued in recent months, as General Martin Dempsey, the chairman of the Joint Chiefs of Staff, has met with executives including those at Facebook, Microsoft, Google and Intel.[32] These details on the discussions provide insight into the disparity between initial descriptions of the government program including a training slide which states “Collection directly from the servers”[29] and the companies’ denials.[32]

While providing data in response to a legitimate FISA request approved by FISC is a legal requirement, modifying systems to make it easier for the government to collect the data is not. This is why Twitter could legally decline to provide an enhanced mechanism for data transmission.[32] Other than Twitter, the companies were effectively asked to construct a locked mailbox and provide the key to the government, people briefed on the negotiations said.[32] Facebook, for instance, built such a system for requesting and sharing the information.[32] Google does not provide a lockbox system, but instead transmits required data by hand delivery or secure FTP.[33]

Post-PRISM Transparency Reports

In response to the publicity surrounding media reports of data-sharing, several companies requested permission to reveal more public information about the nature and scope of information provided in response to National Security requests.

On June 14, 2013, Facebook reported that the U.S. Government had authorized the communication of “about these numbers in aggregate, and as a range.” In a press release posted to their web site, Facebook reported, “For the six months ending December 31, 2012, the total number of user-data requests Facebook received from any and all government entities in the U.S. (including local, state, and federal, and including criminal and national security-related requests) – was between 9,000 and 10,000.” Facebook further reported that the requests impacted “between 18,000 and 19,000″ user accounts, a “tiny fraction of one percent” of more than 1.1 billion active user accounts.[34]

Microsoft reported that for the same period, it received “between 6,000 and 7,000 criminal and national security warrants, subpoenas and orders affecting between 31,000 and 32,000 consumer accounts from U.S. governmental entities (including local, state and federal)” which impacted “a tiny fraction of Microsoft’s global customer base”.[35]

Google issued a statement criticizing the requirement that data be reported in aggregated form, stating that lumping national security requests with criminal request data would be “a step backwards” from its previous, more detailed practices on its site transparency report. The company said that it would continue to seek government permission to publish the number and extent of FISA requests.[36]

Response from United States government

Executive branch

Shortly after publication of the reports by The Guardian and The Washington Post, the United States Director of National Intelligence, James Clapper, on June 7 released a statement confirming that for nearly six years the government of the United States had been using large internet services companies such as Google and Facebook to collect information on foreigners outside the United States as a defense against national security threats.[13] The statement read in part, “The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. They contain numerous inaccuracies.”[37] He went on to say, “Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States. It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.”[37] Clapper concluded his statement by stating “The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”[37] On March 12, 2013, Clapper had told the United States Senate Select Committee on Intelligence that the NSA does “not wittingly” collect any type of data on millions or hundreds of millions of Americans.[38] In an NBC News interview, Clapper said he answered Senator Wyden’s question in the “least untruthful manner by saying no”.[39]

Clapper also stated that “the NSA collects the phone data in broad swaths, because collecting it (in) a narrow fashion would make it harder to identify terrorism-related communications. The information collected lets the government, over time, make connections about terrorist activities. The program doesn’t let the U.S. listen to people’s calls, but only includes information like call length and telephone numbers dialed.”[15]

On June 8, 2013, Clapper said “the surveillance activities published in The Guardian and The Washington Post are lawful and conducted under authorities widely known and discussed, and fully debated and authorized by Congress.”[40][10] The fact sheet described PRISM as “an internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10]

The National Intelligence fact sheet further stated that “the United States Government does not unilaterally obtain information from the servers of U.S. electronic communication service providers. All such information is obtained with FISA Court approval and with the knowledge of the provider based upon a written directive from the Attorney General and the Director of National Intelligence.” It said that the Attorney General provides FISA Court rulings and semi-annual reports about PRISM activities to Congress, “provid[ing] an unprecedented degree of accountability and transparency.”[10]

The President of the United States, Barack Obama, said on June 7 “What you’ve got is two programs that were originally authorized by Congress, have been repeatedly authorized by Congress. Bipartisan majorities have approved them. Congress is continually briefed on how these are conducted. There are a whole range of safeguards involved. And federal judges are overseeing the entire program throughout.”[41] He also said, “You can’t have 100 percent security and then also have 100 percent privacy and zero inconvenience. You know, we’re going to have to make some choices as a society.”[41]

In separate statements, senior (not mentioned by name in source) Obama administration officials said that Congress had been briefed 13 times on the programs since 2009.[42]

Legislative branch

In contrast to their swift and forceful reactions the previous day to allegations that the government had been conducting surveillance of United States citizens’ telephone records, Congressional leaders initially had little to say about the PRISM program the day after leaked information about the program was published. Several lawmakers declined to discuss PRISM, citing its top-secret classification,[43] and others said that they had not been aware of the program.[44] After statements had been released by the President and the Director of National Intelligence, some lawmakers began to comment:

Senator John McCain (R-AZ)

  • June 9 “We passed the Patriot Act. We passed specific provisions of the act that allowed for this program to take place, to be enacted in operation,”[45]

Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee

  • June 9 “These programs are within the law”, “part of our obligation is keeping Americans safe”, “Human intelligence isn’t going to do it”.[46]
  • June 9 “Here’s the rub: the instances where this has produced good — has disrupted plots, prevented terrorist attacks, is all classified, that’s what’s so hard about this.”[47]
  • June 11 “It went fine…we asked him[ Keith Alexander ] to declassify things because it would be helpful (for people and lawmakers to better understand the intelligence programs).” “I’ve just got to see if the information gets declassified. I’m sure people will find it very interesting.”[48]

Senator Susan Collins (R-ME), member of Senate Intelligence Committee and past member of Homeland Security Committee

  • June 11 “I had, along with Joe Lieberman, a monthly threat briefing, but I did not have access to this highly compartmentalized information” and “How can you ask when you don’t know the program exists?”[49]

Representative John Boehner (R-OH), Speaker of the House of Representatives

  • June 11 “He’s a traitor”[50] (referring to Edward Snowden)

Representative Jim Sensenbrenner (R-WI), principal sponsor of the Patriot Act

  • June 9, “This is well beyond what the Patriot Act allows.”[51] “President Obama’s claim that ‘this is the most transparent administration in history’ has once again proven false. In fact, it appears that no administration has ever peered more closely or intimately into the lives of innocent Americans.”[51]

Representative Mike Rogers (R-MI), a Chairman of the Permanent Select Committee on Intelligence.

  • June 9 “One of the things that we’re charged with is keeping America safe and keeping our civil liberties and privacy intact. I think we have done both in this particular case,”[46]
  • June 9 “Within the last few years this program was used to stop a program, excuse me, to stop a terrorist attack in the United States we know that. It’s, it’s, it’s important, it fills in a little seam that we have and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States. So in that regard it is a very valuable thing,”[52]

Senator Mark Udall (D-CO)

  • June 9 “I don’t think the American public knows the extent or knew the extent to which they were being surveilled and their data was being collected.” “I think we ought to reopen the Patriot Act and put some limits on the amount of data that the National Security (Agency) is collecting,” “It ought to remain sacred, and there’s got to be a balance here. That is what I’m aiming for. Let’s have the debate, let’s be transparent, let’s open this up”.[46]

Representative Todd Rokita (R-IN)

  • June 10 “We have no idea when they [ FISA ] meet, we have no idea what their judgments are”,[53]

Senator Rand Paul (R-KY)

  • June 6 “When the Senate rushed through a last-minute extension of the FISA Amendments Act late last year, I insisted on a vote on my amendment (SA 3436) to require stronger protections on business records and prohibiting the kind of data-mining this case has revealed. Just last month, I introduced S.1037, the Fourth Amendment Preservation and Protection Act,”[54]
  • June 9 “I’m going to be seeing if I can challenge this at the Supreme Court level. I’m going to be asking the Internet providers and all of the phone companies: ask your customers to join me in a class-action lawsuit.”[45]

Representative Luis Gutierrez (D-IL)

  • June 9 “We will be receiving secret briefings and we will be asking, I know I’m going to be asking to get more information. I want to make sure that what they’re doing is harvesting information that is necessary to keep us safe and not simply going into everybody’s private telephone conversations and Facebook and communications. I mean one of the, you know the terrorists win when you debilitate freedom of expression and privacy.”[52]

Judicial branch

The Foreign Intelligence Surveillance Court (FISC) has not acknowledged, denied or confirmed any involvement in the PRISM program at this time. It has not issued any press statement or release relating to the current situation and uncertainty.

Applicable law and practice

On June 8, 2013, the Director of National Intelligence issued a fact sheet stating that PRISM “is not an undisclosed collection or data mining program”, but rather computer software used to facilitate the collection of foreign intelligence information “under court supervision, as authorized by Section 702 of the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. § 1881a).”[10] Section 702 provides that “the Attorney General [A.G.] and the Director of National Intelligence [DNI] may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”[55] In order to authorize the targeting, the A.G. and DNI need to get an order from the Foreign Intelligence Surveillance Court (FISC) pursuant to Section 702 or certify that “intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order.”[55] When asking for an order, the A.G. and DNI must certify to FISC that “a significant purpose of the acquisition is to obtain foreign intelligence information.”[55] They do not need to specify which facilities or property that the targeting will be directed at.[55]

After getting a FISC order or determining that there are emergency circumstances, the A.G. and DNI can direct an electronic communication service provider to give them access to information or facilities to carry out the targeting and keep the targeting secret.[55] The provider then has the option to: (1) comply with the directive; (2) reject it; or (3) challenge it to FISC.

If the provider complies with the directive, it is released from liability to its users for providing the information and reimbursed for the cost of providing it.[55]

If the provider rejects the directive, the A.G. may request an order from FISC to enforce it.[55] A provider that fails to comply with FISC’s order can be punished with contempt of court.[55]

Finally, a provider can petition FISC to reject the directive.[55] In case FISC denies the petition and orders the provider to comply with the directive, the provider risks contempt of court if it refuses to comply with FISC’s order.[55] The provider can appeal FISC’s denial to the Foreign Intelligence Surveillance Court of Review and then appeal the Court of Review’s decision to the Supreme Court by a writ of certiorari for review under seal.[55]

The Senate Select Committee on Intelligence and the FISA Courts had been put in place to oversee intelligence operations in the period after the death of J. Edgar Hoover. Beverly Gage of Slate said, “When they were created, these new mechanisms were supposed to stop the kinds of abuses that men like Hoover had engineered. Instead, it now looks as if they have come to function as rubber stamps for the expansive ambitions of the intelligence community. J. Edgar Hoover no longer rules Washington, but it turns out we didn’t need him anyway.”[56]

Involvement of other countries

Australia

The Australian government has said it will investigate the impact of the PRISM program and the use of the Pine Gap surveillance facility on the privacy of Australian citizens.[57]

Canada

Canada’s national cryptologic agency, the Communications Security Establishment, said that commenting on PRISM “would undermine CSE’s ability to carry out its mandate”. Privacy Commissioner Jennifer Stoddart lamented Canada’s standards when it comes to protecting personal online privacy stating “We have fallen too far behind,” Stoddart wrote in her report. “While other nations’ data protection authorities have the legal power to make binding orders, levy hefty fines and take meaningful action in the event of serious data breaches, we are restricted to a ‘soft’ approach: persuasion, encouragement and, at the most, the potential to publish the names of transgressors in the public interest.” And, “when push comes to shove,” Stoddart wrote, “short of a costly and time-consuming court battle, we have no power to enforce our recommendations.”[58]

Germany

Germany did not receive any raw PRISM data, according to a Reuters report.[59]

Israel

Israeli newspaper Calcalist discussed[60] the Business Insider article[61] about the possible involvement of technologies from two secretive Israeli companies in the PRISM program – Verint Systems and Narus.

New Zealand

In New Zealand, University of Otago information science Associate Professor Hank Wolfe said that “under what was unofficially known as the Five Eyes Alliance, New Zealand and other governments, including the United States, Australia, Canada, and Britain, dealt with internal spying by saying they didn’t do it. But they have all the partners doing it for them and then they share all the information.”[62]

United Kingdom

In the United Kingdom, Government Communications Headquarters (GCHQ) has had access to the PRISM program on or before June 2010 and wrote 197 reports with it in 2012 alone. PRISM may have allowed GCHQ to circumvent the formal legal process required to seek personal material.[63][64]

Domestic response

Unbalanced scales.svg
The neutrality of this section is disputed. Please do not remove this message until the dispute is resolved. (June 2013)

The New York Times editorial board charged that the Obama administration “has now lost all credibility on this issue,”[65] and lamented that “for years, members of Congress ignored evidence that domestic intelligence-gathering had grown beyond their control, and, even now, few seem disturbed to learn that every detail about the public’s calling and texting habits now reside in a N.S.A. database.”[66]

Republican and former member of Congress Ron Paul said, “We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk…. They have done a great service to the American people by exposing the truth about what our government is doing in secret.”[67] Paul denounced the government’s secret surveillance program: “The government does not need to know more about what we are doing…. We need to know more about what the government is doing.”[67] He called Congress “derelict in giving that much power to the government,” and said that had he been elected president, he would have ordered searches only when there was probable cause of a crime having been committed, which he said was not how the PRISM program was being operated.[68]

In response to Obama administration arguments that it could stop terrorism in the cases of Najibullah Zazi and David Headley, Ed Pilkington and Nicholas Watt of The Guardian said in regards to the role of PRISM and Boundless Informant interviews with parties involved in the Zazi scheme and court documents lodged in the United States and the United Kingdom indicated that “conventional” surveillance methods such as “old-fashioned tip-offs” of the British intelligence services initiated the investigation into the Zazi case.[69] An anonymous former CIA agent said that in regards to the Headley case, “That’s nonsense. It played no role at all in the Headley case. That’s not the way it happened at all.”[69] Pilkington and Watt concluded that the data-mining programs “played a relatively minor role in the interception of the two plots.”[69] Michael Daly of The Daily Beast stated that even though Tamerlan Tsarnaev had visited Inspire and even though Russian intelligence officials alerted U.S. intelligence officials about Tsarnaev, PRISM did not prevent him from carrying out the Boston bombings, and that the initial evidence implicating him came from his brother Dzhokhar Tsarnaev and not from federal intelligence. In addition Daly pointed to the fact that Faisal Shahzad visited Inspire but that federal authorities did not stop his attempted terrorist plot. Daly concluded “The problem is not just what the National Security Agency is gathering at the risk of our privacy but what it is apparently unable to monitor at the risk of our safety.”[70] In addition, political commentator Bill O’Reilly criticized the government, saying that PRISM did not stop the Boston bombings.[71]

In a blog post, David Simon, the creator of The Wire, compared the NSA’s programs, including PRISM, to a 1980s effort by the City of Baltimore to add dialed number recorders to all pay phones to know which individuals were being called by the callers;[72] the city believed that drug traffickers were using pay phones and pagers, and a municipal judge allowed the city to place the recorders. The placement of the dialers formed the basis of the show’s first season. Simon argued that the media attention regarding the NSA programs is a “faux scandal.”[72][73] George Takei, an actor who had experienced Japanese American internment, said that due to his memories of the internment, he felt concern towards the NSA surveillance programs that had been revealed.[74]

The Electronic Frontier Foundation (EFF), an international non-profit digital-rights group based in the U.S., is hosting a tool, by which an American resident can write to their government representatives regarding their opposition to mass spying.[75]

On June 11, 2013, the American Civil Liberties Union filed a lawsuit against the NSA citing that PRISM “violates Americans’ constitutional rights of free speech, association, and privacy”.[76]

International response

Reactions of Internet users in China were mixed between viewing a loss of freedom worldwide and seeing state surveillance coming out of secrecy. The story broke just before US President Barack Obama and Chinese President Xi Jinping met in California.[77][78] When asked about NSA hacking China, the spokeswoman of Ministry of Foreign Affairs of the People’s Republic of China said “China strongly advocates cybersecurity”.[79] The party-owned newspaper Liberation Daily described this surveillance like Nineteen Eighty-Four-style.[80] Hong Kong legislators Gary Fan and Claudia Mo wrote a letter to Obama, stating “the revelations of blanket surveillance of global communications by the world’s leading democracy have damaged the image of the U.S. among freedom-loving peoples around the world.”[81]

Sophie in ‘t Veld, a Dutch Member of the European Parliament, called PRISM “a violation of EU laws”.[82]

Protests at Checkpoint Charlie in Berlin

The German Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, condemned the program as “monstrous”.[83] He further added that White House claims do “not reassure me at all” and that “given the large number of German users of Google, Facebook, Apple or Microsoft services, I expect the German government […] is committed to clarification and limitation of surveillance.” Steffen Seibert, press secretary of the Chancellor’s office, announced that Angela Merkel will put these issues on the agenda of the talks with Barack Obama during his pending visit in Berlin.[84]

The Italian president of the Guarantor for the protection of personal data, Antonello Soro, said that the surveillance dragnet “would not be legal in Italy” and would be “contrary to the principles of our legislation and would represent a very serious violation”.[85]

William Hague, the foreign secretary of the United Kingdom, dismissed accusations that British security agencies had been circumventing British law by using information gathered on British citizens by Prism[86] saying, “Any data obtained by us from the United States involving UK nationals is subject to proper UK statutory controls and safeguards.”[86] David Cameron said Britain’s spy agencies that received data collected from PRISM acted within the law: “I’m satisfied that we have intelligence agencies that do a fantastically important job for this country to keep us safe, and they operate within the law.”[86][87] Malcolm Rifkind, the chairman of parliament’s Intelligence and Security Committee, said that if the British intelligence agencies were seeking to know the content of emails about people living in the UK, then they actually have to get lawful authority.[87] The UK’s Information Commissioner’s Office was more cautious, saying it would investigate PRISM alongside other European data agencies: “There are real issues about the extent to which U.S. law agencies can access personal data of UK and other European citizens. Aspects of U.S. law under which companies can be compelled to provide information to U.S. agencies potentially conflict with European data protection law, including the UK’s own Data Protection Act. The ICO has raised this with its European counterparts, and the issue is being considered by the European Commission, who are in discussions with the U.S. Government.”[82]

Ai Weiwei, a Chinese dissident, said “Even though we know governments do all kinds of things I was shocked by the information about the US surveillance operation, Prism. To me, it’s abusively using government powers to interfere in individuals’ privacy. This is an important moment for international society to reconsider and protect individual rights.”[88]

Kim Dotcom, a German-Finnish Internet entrepreneur who owned Megaupload, which was closed by the U.S. federal government, said “We should heed warnings from Snowden because the prospect of an Orwellian society outweighs whatever security benefits we derive from Prism or Five Eyes.”[89] The Hong Kong law firm representing Dotcom expressed a fear that the communication between Dotcom and the firm had been compromised by U.S. intelligence programs.[90]

Russia has offered to consider an asylum request from Edward Snowden.[91]

Taliban spokesperson Zabiullah Mujahid said “We knew about their past efforts to trace our system. We have used our technical resources to foil their efforts and have been able to stop them from succeeding so far.”[92][93]

Related government Internet surveillance programs

A parallel program, code-named BLARNEY, gathers up metadata as it streams past choke points along the backbone of the Internet. BLARNEY’s summary, set down in the slides alongside a cartoon insignia of a shamrock and a leprechaun hat, describes it as “an ongoing collection program that leverages IC [intelligence community] and commercial partnerships to gain access and exploit foreign intelligence obtained from global networks.”[94]

A related program, a big data visualization system based on cloud computing and free and open-source software (FOSS) technology known as “Boundless Informant”, was disclosed in documents leaked to The Guardian and reported on June 8, 2013. A leaked, top secret map allegedly produced by Boundless Informant revealed the extent of NSA surveillance in the U.S.[95]

http://en.wikipedia.org/wiki/PRISM_%28surveillance_program%29

ThinThread

ThinThread is the name of a project that the United States National Security Agency (NSA) pursued during the 1990s, according to a May 17, 2006 article in The Baltimore Sun.[1] The program involved wiretapping and sophisticated analysis of the resulting data, but according to the article, the program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.[2] The “change in priority” consisted of the decision made by the director of NSA General Michael V. Hayden to go with a concept called Trailblazer, despite the fact that ThinThread was a working prototype that protected the privacy of U.S. citizens.

ThinThread was dismissed and replaced by the Trailblazer Project, which lacked the privacy protections.[3] A consortium led by Science Applications International Corporation was awarded a $280 million contract to develop Trailblazer in 2002.[4]

http://en.wikipedia.org/wiki/ThinThread

Trailblazer

Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.[1][2] It ran over budget, failed to accomplish critical goals, and was cancelled.

NSA whistleblowers J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staffer Diane Roark complained to the Department of Defense’s Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed, but was ignored when the Trailblazer program was launched. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.

The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the Government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive — Thomas Andrews Drake — who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project (which helped represent him) called an “act of civil disobedience”.[5]

Background

Trailblazer was chosen over a similar program named ThinThread, a less costly project which had been designed with built-in privacy protections for United States citizens.[4][3] Trailblazer was later linked to the NSA electronic surveillance program and the NSA warrantless surveillance controversy.[3]

In 2002 a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management; Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]

Redacted version of the DoD Inspector General audit, obtained through the Freedom of Information Act by the Project on Government Oversight and others. [12][5]

The NSA Inspector General issued a report on Trailblazer that “discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel.” [13]

In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the “NSA ‘disregarded solutions to urgent national security needs'” and “that TRAILBLAZER was poorly executed and overly expensive …” Several contractors for the project were worried about cooperating with DoD’s audit for fear of “management reprisal.”[5] The Director of NSA “nonconcurred” with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]

In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down,[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Hosenball of Newsweek later on that the project was a “wasteful failure”.[17]

The new project replacing Trailblazer is called Turbulence.[3]

Whistleblowing

According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that “individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow … Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them.”[3]

In September 2002, several people filed a complaint with the Department of Defense IG’s office regarding problems with Trailblazer: they included Roark (aforementioned), ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Renquist, the Supreme Court Chief Justice at the time.[19]

Drake’s own boss, Maureen Baginski, the third-highest officer at NSA, quit partly over concerns about the legality of its behavior.[3]

In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[21] It had cost more than $1 billion.[8][22][23]

In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18] Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from congress for being over budget.[3]

In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[24][17][25] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]

In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.

In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][26][27] part of President Barack Obama’s crackdown on whistleblowers and “leakers”.[24][17][28][18] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]

In June 2011, the ten original charges against Drake were dropped, instead he pleaded guilty to a misdemeanor.[5]

http://www.youtube.com/watch?v=1AXwwSq_me4

Boundless Informant

Boundless Informant is a big data analysis and data visualization system used by the United States National Security Agency (NSA) to give NSA managers summaries of NSA’s world wide data collection activities.[1] It is described in an unclassified, For Official Use Only Frequently Asked Questions (FAQ) memo published by The Guardian.[2] According to a Top Secret heat map display also published by The Guardian and allegedly produced by the Boundless Informant program, almost 3 billion data elements from inside the United States were captured by NSA over a 30-day period ending in March 2013.

Data analyzed by Boundless Informant includes electronic surveillance program records (DNI) and telephone call metadata records (DNR) stored in an NSA data archive called GM-PLACE. It does not include FISA data, according to the FAQ memo. PRISM, a government codename for a collection effort known officially as US-984XN, which was revealed at the same time as Boundless Informant, is one source of DNR data. According to the map, Boundless Informant summarizes data records from 504 separate DNR and DNI collection sources (SIGADs). In the map, countries that are under surveillance are assigned a color from green, representing least coverage to red, most intensive.[3][4]

History

Slide showing that much of the world’s communications flow through the US.

Intelligence gathered by the United States government inside the United States or specifically targeting US citizens is legally required to be gathered in compliance with the Foreign Intelligence Surveillance Act of 1978 (FISA) and under the authority of the Foreign Intelligence Surveillance Court (FISA court).[5][6][7]

NSA global data mining projects have existed for decades, but recent programs of intelligence gathering and analysis that include data gathered from inside the United States such as PRISM were enabled by changes to US surveillance law introduced under President Bush and renewed under President Obama in December 2012.[8]

Boundless Informant was first publicly revealed on June 8, 2013, after classified documents about the program were leaked to The Guardian.[1][9] The newspaper identified its informant, at his request, as Edward Snowden, who worked at the NSA for the defense contractor Booz Allen Hamilton.[10]

Technology

According to published slides, Boundless Informant leverages Free and Open Source Software—and is therefore “available to all NSA developers”—and corporate services hosted in the cloud. The tool uses HDFS, MapReduce, and Cloudbase for data processing.[11]

Legality and FISA Amendments Act of 2008

The FISA Amendments Act (FAA) Section 702 is referenced in PRISM documents detailing the electronic interception, capture and analysis of metadata. Many reports and letters of concern written by members of Congress suggest that this section of FAA in particular is legally and constitutionally problematic, such as by targeting U.S. persons, insofar as “Collections occur in U.S.” as published documents indicate.[12][13][14][15]

The ACLU has asserted the following regarding the FAA: “Regardless of abuses, the problem with the FAA is more fundamental: the statute itself is unconstitutional.”[16]

Senator Rand Paul is introducing new legislation called the Fourth Amendment Restoration Act of 2013 to stop the NSA or other agencies of the United States government from violating the Fourth Amendment to the U.S. Constitution using technology and big data information systems like PRISM and Boundless Informant.[17][18]

http://en.wikipedia.org/wiki/Boundless_Informant

ECHELON

ECHELON is a name used in global media and in popular culture to describe a signals intelligence (SIGINT) collection and analysis network operated on behalf of the five signatory states to the UKUSA Security Agreement[1] (Australia, Canada, New Zealand, the United Kingdom, and the United States, referred to by a number of abbreviations, including AUSCANNZUKUS[1] and Five Eyes).[2][3] It has also been described as the only software system which controls the download and dissemination of the intercept of commercial satellite trunk communications.[4]

ECHELON, according to information in the European Parliament document, “On the existence of a global system for the interception of private and commercial communications (ECHELON interception system)” was created to monitor the military and diplomatic communications of the Soviet Union and its Eastern Bloc allies during the Cold War in the early 1960s.[5]

The system has been reported in a number of public sources.[6] Its capabilities and political implications were investigated by a committee of the European Parliament during 2000 and 2001 with a report published in 2001,[5] and by author James Bamford in his books on the National Security Agency of the United States.[4] The European Parliament stated in its report that the term ECHELON is used in a number of contexts, but that the evidence presented indicates that it was the name for a signals intelligence collection system. The report concludes that, on the basis of information presented, ECHELON was capable of interception and content inspection of telephone calls, fax, e-mail and other data traffic globally through the interception of communication bearers including satellite transmission, public switched telephone networks (which once carried most Internet traffic) and microwave links.[5]

Bamford describes the system as the software controlling the collection and distribution of civilian telecommunications traffic conveyed using communication satellites, with the collection being undertaken by ground stations located in the footprint of the downlink leg.

Organization

UKUSA Community
Map of UKUSA Community countries with Ireland

Australia
Canada
New Zealand
United Kingdom
United States of America

The UKUSA intelligence community was assessed by the European Parliament (EP) in 2000 to include the signals intelligence agencies of each of the member states:

  • the Government Communications Headquarters of the United Kingdom,
  • the National Security Agency of the United States,
  • the Communications Security Establishment of Canada,
  • the Defence Signals Directorate of Australia, and
  • the Government Communications Security Bureau of New Zealand.
  • the National SIGINT Organisation (NSO) of The Netherlands

The EP report concluded that it seemed likely that ECHELON is a method of sorting captured signal traffic, rather than a comprehensive analysis tool.[5]

Capabilities

The ability to intercept communications depends on the medium used, be it radio, satellite, microwave, cellular or fiber-optic.[5] During World War II and through the 1950s, high frequency (“short wave”) radio was widely used for military and diplomatic communication,[7] and could be intercepted at great distances.[5] The rise of geostationary communications satellites in the 1960s presented new possibilities for intercepting international communications. The report to the European Parliament of 2001 states: “If UKUSA states operate listening stations in the relevant regions of the earth, in principle they can intercept all telephone, fax and data traffic transmitted via such satellites.”[5]

The role of satellites in point-to-point voice and data communications has largely been supplanted by fiber optics; in 2006, 99% of the world’s long-distance voice and data traffic was carried over optical-fiber.[8] The proportion of international communications accounted for by satellite links is said to have decreased substantially over the past few years[when?] in Central Europe to an amount between 0.4% and 5%.[5] Even in less-developed parts of the world, communications satellites are used largely for point-to-multipoint applications, such as video.[9] Thus, the majority of communications can no longer be intercepted by earth stations; they can only be collected by tapping cables and intercepting line-of-sight microwave signals, which is possible only to a limited extent.[5]

One method of interception is to place equipment at locations where fiber optic communications are switched. For the Internet, much of the switching occurs at relatively few sites. There have been reports of one such intercept site, Room 641A, in the United States. In the past[when?] much Internet traffic was routed through the U.S. and the UK, but this has changed; for example, in 2000, 95% of intra-German Internet communications was routed via the DE-CIX Internet exchange point in Frankfurt.[5] A comprehensive worldwide surveillance network is possible only if clandestine intercept sites are installed in the territory of friendly nations, and/or if local authorities cooperate. The report to the European Parliament points out that interception of private communications by foreign intelligence services is not necessarily limited to the U.S. or British foreign intelligence services.[5]

Most reports on ECHELON focus on satellite interception; testimony before the European Parliament indicated that separate but similar UK-US systems are in place to monitor communication through undersea cables, microwave transmissions and other lines.[10]

Controversy

See also: Industrial espionage

Intelligence monitoring of citizens, and their communications, in the area covered by the AUSCANNZUKUS security agreement has caused concern. British journalist Duncan Campbell and New Zealand journalist Nicky Hager asserted in the 1990s that the United States was exploiting ECHELON traffic for industrial espionage, rather than military and diplomatic purposes.[10] Examples alleged by the journalists include the gear-less wind turbine technology designed by the German firm Enercon[5][11] and the speech technology developed by the Belgian firm Lernout & Hauspie.[12] An article in the US newspaper Baltimore Sun reported in 1995 that European aerospace company Airbus lost a $6 billion contract with Saudi Arabia in 1994 after the US National Security Agency reported that Airbus officials had been bribing Saudi officials to secure the contract.[13][14]

In 2001, the Temporary Committee on the ECHELON Interception System recommended to the European Parliament that citizens of member states routinely use cryptography in their communications to protect their privacy, because economic espionage with ECHELON has been conducted by the US intelligence agencies.[5]

Bamford provides an alternative view, highlighting that legislation prohibits the use of intercepted communications for commercial purposes, although he does not elaborate on how intercepted communications are used as part of an all-source intelligence process.

Hardware

According to its website, the U.S. National Security Agency (NSA) is “a high technology organization … on the frontiers of communications and data processing”. In 1999 the Australian Senate Joint Standing Committee on Treaties was told by Professor Desmond Ball that the Pine Gap facility was used as a ground station for a satellite-based interception network. The satellites were said to be large radio dishes between 20 and 100 meters in diameter in geostationary orbits.[citation needed] The original purpose of the network was to monitor the telemetry from 1970s Soviet weapons, air defence radar, communications satellites and ground based microwave communications.[15]

Name

The European Parliament’s Temporary Committee on the ECHELON Interception System stated: “It seems likely, in view of the evidence and the consistent pattern of statements from a very wide range of individuals and organisations, including American sources, that its name is in fact ECHELON, although this is a relatively minor detail.”[5] The U.S. intelligence community uses many code names (see, for example, CIA cryptonym).

Former NSA employee Margaret Newsham claims that she worked on the configuration and installation of software that makes up the ECHELON system while employed at Lockheed Martin, for whom she worked from 1974 to 1984 in Sunnyvale, California, US, and in Menwith Hill, England, UK.[16] At that time, according to Newsham, the code name ECHELON was NSA’s term for the computer network itself. Lockheed called it P415. The software programs were called SILKWORTH and SIRE. A satellite named VORTEX intercepted communications. An image available on the internet of a fragment apparently torn from a job description shows Echelon listed along with several other code names.[17]

Ground stations

The 2001 European Parliamentary (EP) report[5] lists several ground stations as possibly belonging to, or participating in, the ECHELON network. These include:

Likely satellite intercept stations

The following stations are listed in the EP report (p. 54 ff) as likely to have, or to have had, a role in intercepting transmissions from telecommunications satellites:

  • Hong Kong (since closed)
  • Australian Defence Satellite Communications Station (Geraldton, Western Australia)
  • Menwith Hill (Yorkshire, U.K.) Map (reportedly the largest Echelon facility)[18]
  • Misawa Air Base (Japan) Map
  • GCHQ Bude, formerly known as GCHQ CSO Morwenstow, (Cornwall, U.K.) Map
  • Pine Gap (Northern Territory, Australia – close to Alice Springs) Map
  • Sugar Grove (West Virginia, U.S.) Map
  • Yakima Training Center (Washington, U.S.) Map
  • GCSB Waihopai (New Zealand)
  • GCSB Tangimoana (New Zealand)
  • CFS Leitrim (Ontario, Canada)
  • Teufelsberg (Berlin, Germany) (closed 1992)

Other potentially related stations

The following stations are listed in the EP report (p. 57 ff) as ones whose roles “cannot be clearly established”:

  • Ayios Nikolaos (Cyprus – U.K.)
  • BadAibling Station (BadAibling, Germany – U.S.)
    • relocated to Griesheim in 2004[19]
    • deactivated in 2008[20]
  • Buckley Air Force Base (Aurora, Colorado)
  • Fort Gordon (Georgia, U.S.)
  • Gander (Newfoundland & Labrador, Canada)
  • Guam (Pacific Ocean, U.S.)
  • Kunia Regional SIGINT Operations Center (Hawaii, U.S.)
  • Lackland Air Force Base, Medina Annex (San Antonio, Texas)

http://en.wikipedia.org/wiki/ECHELON

Room 641A

Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency that commenced operations in 2003 and was exposed in 2006.[1][2]

Description

Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T.[1] The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic[3] and, as analyzed by J. Scott Marcus, a former CTO for GTE and a former adviser to the FCC, who has access to all Internet traffic that passes through the building, and therefore “the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic.”[4] Former director of the NSA’s World Geopolitical and Military Analysis Reporting Group, William Binney, has estimated that 10 to 20 such facilities have been installed throughout the United States.[2]

The room measures about 24 by 48 feet (7.3 by 15 m) and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds.[1]

The very existence of the room was revealed by a former AT&T technician, Mark Klein, and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T.[5] Klein claims he was told that similar black rooms are operated at other facilities around the country.

Room 641A and the controversies surrounding it were subjects of an episode of Frontline, the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS’s NOW on March 14, 2008. The room was also covered in the PBS Nova episode “The Spy Factory”.

Lawsuit

Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings[4]

More complicated diagram of how it allegedly worked. From EFF court filings.[3] See bottom of the file page for enlarged and rotated version.

Main article: Hepting v. AT&T

The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans’ communications. On July 20, 2006, a federal judge denied the government’s and AT&T’s motions to dismiss the case, chiefly on the ground of the States Secrets Privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011 based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.[6] A different case by the EFF was filed on September 18, 2008, titled Jewel v. NSA.

http://en.wikipedia.org/wiki/Room_641A

List of government surveillance projects for the United States

United States

A top secret document leaked by Edward Snowden to The Guardian in 2013, originally due to be declassified on 12 April 2038.

http://en.wikipedia.org/wiki/List_of_government_surveillance_projects

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National Security Agency (NSA) Intercepts FedX and UPS Packages To Install Malware Software — Bugs iPhones and Laptops — Videos

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6 Baltimore Police Officers Charged — Obama’s National Police Force For The 21st Century! — Videos

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Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Story 1: 6 Baltimore Police Officers Charged — Obama’s National Police Force For The 21st Century! —  Videos

We cannot continue to rely only on our military in order to achieve the national security objectives that we’ve set. We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.

~Barack Obama

Baltimore state attorney Marilyn Mosby speaks on recent violence in Baltimore

Baltimore_6_officers_charged

Breaking News – Specific charges, profiles of Freddie Gray officers

6 Baltimore Cops Charged In Freddie Gray’s Death

Sheriff Clarke: Baltimore is “George Zimmerman, Duke Lacross all over again..”

SHARPTON CALLS FOR DOJ TO TAKE OVER POLICING

Judge Nap: Gov’t Cannot Be Confronted By Blue Wall of Silence in Freddie Gray Case

Napolitano: There’s a ‘Serious Absence of Leadership’ in Baltimore

Judge Nap: Arrest of Black Man Who Died From Spinal Injury ‘Unconstitutional’

DOJ Targets Racism in Police Forces – CNN.com

Will Police Departments Face Scrutiny After DOJ Ferguson Report?

Al Sharpton called to Baltimore by Mayor

Al Sharpton Calls For Nationalization Of Police In Wake Of Baltimore Riots (Limbaugh responds)

OBAMA RIPS US POLICE: Target Poor, African Americans

What They Won’t Tell You About Baltimore Riots

BALTIMORE RIOTS – Maryland Governor Activates 5,000 National Guard Troops. Martial Law Coming?

Bishop Jackson to Rev. Sharpton: ‘March Right Back to N.Y. & MSNBC’

Sheriff David Clarke: Al Sharpton Should ‘Go Back into the Gutter He Came From’

Baltimore Mayor Hand Picked by Obama for Task Force, Plan to Nationalize Police

BALTIMORE MAYOR NAMED IN OBAMA NATIONAL POLICE FORCE DOCUMENT. FALSE FLAG

Obama Civilian Security

Obama National Police Force

Heads Up! Obama Just Federalized Police Forces In 6 US Cities

Glenn Beck Digs into Obama’s Civilian National Police Force

President Obama Meets with the Task Force on 21st Century Policing

Radley Balko on the Militarization of America’s Police Force: VICE Meets

Gestapo Hitler’s Secret Police

LARKE: FREDDIE GRAY CHARGES ‘DUKE LACROSSE CASE ALL OVER AGAIN’

by IAN HANCHETT

Milwaukee County Sheriff David Clarke (D) declared the charges brought against six police officers in the death of Freddie Gray “George Zimmerman and the Duke Lacrosse case all over again” and said “these cops are political prisoners,” offered up as human sacrifices, thrown like red meat to an angry mob” on Friday’s “Your World with Neil Cavuto” on the Fox News Channel.

Clarke said of the charges, “it’s a miscarriage of justice. This neophyte prosecutor stood up there and made a political statement, Neil, and I say that because she’s chanting or voicing some of the chants from this angry mob. Her job is to tune that out. She said, I hear the voices. She’s not supposed to hear anything as she reviews this case that is not consistent with the rule of law and our system of justice. Look, I’m an experienced and a veteran homicide detective. I’ve had — I’ve participated in charging conferences. There is no way I have ever gotten a criminal charge within 24 hours after taking over all the reports and evidence to a prosecutor. A prosecutor who is thorough needs several days to sift through hundreds of pages of reports. They usually want to interview some of the witnesses themselves, in person, and they have to sift through all of the evidence, piece by piece, and they have to wait for some of the forensics evidence to conclude, to come back and that’s why I say on a minimum, three to four days. She just got this case yesterday. This is political activism. She’ll never prove this beyond a reasonable doubt, and I’m not going to silently stand by and watch my brother officers, offered up as human sacrifices, thrown like red meat to an angry mob, just to appease this angry mob.” And that “she rushed this thing through.”

After his interview was cut off to carry a Fraternal Order of Police press conference live, he continued, “she knows she’s not going to be able to prove these charges beyond a reasonable doubt. This is George Zimmerman and the Duke Lacrosse case all over again. A politically active district attorney or state’s attorney, you can tell the emotion in her voice, she almost did this with glee. And that’s why I believe, like they [the FOP] do…she needs to remove herself from the case. I hope the state’s attorney general gets involved in this, and sees the error of her ways. The smart thing for her to do is recuse herself and name a special prosecutor.”

He added that “there may be and probably are, some civil torts here, but what little I know, and I don’t know all the facts, but I’m listening to the emotion in their voice, and listening to those political statements that she made at the end of that news conference, that’s political activism, it’s wrong, it’s probably in violation of her code of ethics as a lawyer. And again, I’m going to take my time with this, but I’m not going to sit idly by, and I want to call out to every law enforcement officer in the country to pay attention to this. Because, I see a pattern, at least demands from an angry mob, that we be offered up as human sacrifices. We don’t do that in our system of justice in the United States just to please an angry mob. And I sense from what I heard her say, Neil, that that’s what is going on here.”

Clarke concluded, “there are some things I find in this case — what little I know — that are problematic from a procedural standpoint, but Neil, it doesn’t make it criminal. These cops are political prisoners. I’m calling them political prisoners because this state’s attorney, stood up there and made a political statement at the end, talking about she hears the voices, and no justice and no peace.”

http://www.breitbart.com/video/2015/05/01/clarke-freddie-gray-charges-duke-lacrosse-case-all-over-again/

Obama’s Push For That National Police Force

Marilyn Mosby Charges 6 Baltimore Police Officers in Death of Freddie Gray

Maryland State Attorney for the city of Baltimore Marilyn Mosby announced on Friday morning that Freddie Gray‘s death in police custody was ruled a homicide by the medical examiner, and that there is sufficient probable cause to file criminal charges against the six officers involved.

The six Baltimore police officers involved in the arrest of Freddie Gray will now face criminal charges ranging from murder to manslaughter to assault. The driver of the police van was charged with second-degree murder, while three officers were charged with involuntary manslaughter. Other officers were also charged with assault in connection with the murder.

Officers Charged In Freddie Gray’s Death, State’s Attorney Said Arrest Was Illegal

mosby

City State’s Attorney Marilyn Mosby says Freddie Gray received his critical injuries in Baltimore police custody and has charged all six officers involved in his death.

The city state’s attorney outlined where they say the officers went wrong from the moment they arrested Gray all the way to the time they took him out of the van and realized he wasn’t breathing.

On April 12, when 25-year-old Freddie Gray first made eye contact with a city police officer and ran away, officers chased him down and arrested him at 1700 Pressbury Street.

Bystanders then began recording the arrest, watching as Gray was placed in the police van. The prosecutor faults the three arresting officers for not properly restraining or seatbelting Gray in the van, calling his arrest illegal to begin with.

“Lt. Rice, Officer Nero and Officer Miller failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed by Mr. Gray,” Mosby said.

The van made its first stop at Baker Street, where Gray was removed, put in flex cuffs and leg shackles and, again, not properly restrained. It is here prosecutors believe he was injured.

“Following transport from Baker’s Street, Mr. Gray suffered a severe and critical neck injury as a result of being restrained, handcuffed, shackled by his feet and unrestrained by his feet inside the Baltimore Police Department wagon,” she said.

That van stopped again at the intersection of Mosher and Freemont Street. The driver got out and observed Gray, but gave him no medical aid—and Gray still wasn’t in a seatbelt. The van made a third stop at Dolphin and Druid Hill Street, where Gray said he couldn’t breathe and asked twice for medical attention.

“However, despite Mr. Gray’s request for a medic, both officers assessed Mr. Gray’s condition. At no point did they restrain Mr. Gray per BPD general order, nor did they render or request medical attention,” she said.

The van then headed to North Avenue and Pennsylvania, where it stops to pick up Donta Allen. At that time, Gray was already unresponsive, according to Mosby. The officers did not get him medical help; he was still not properly secured in the van. Finally, the van drove to the Western District Police Station, where officers first removed the other prisoner from the van, before realizing that Gray had stopped breathing and was now in cardiac arrest.

“The findings of our comprehensive, thorough, and independent investigation coupled with the ME’s determination that Mr. Gray’s death was a homicide which we received today, has led us to believe that we have probable cause to file criminal charges,” Mosby said.

She charged all six officers in the death of Gray and said his arrest was illegal.

Mosby described the morning’s event:

She said Lt. Brian W. Rice along with Officer Garret Miller & Officer Edward M. Nero were on bike patrol when they made eye contact with Gray. Gray ran from Rice and Rice dispatched he was involved in a foot pursuit. Other officers got involved.

Gray surrendered to Miller and Nero and the officer handcuffed him behind his back, Mosby said. Gray asked for an inhaler because he “could not breathe,” but the officers did not get him medical attention.

They found a knife clipped inside his pants packet — the knife was not a switchblade and is lawful under Maryland law, she said.

The officers then restrained Gray in a “leg lace,” and held him down until the transport van arrived, while he “flailed and screamed.”

The officers failed to find probable cause for Gray’s arrest, Mosby said. When the police transport van arrived, he was placed into the wagon driven by Officer Caesar B. Goodson, but without a seatbelt.

“At no point was he secured by a seatbelt while in the wagon contrary to a BPD general order,” she added. “Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did he seek nor render any medical assistance for Mr. Gray.”

Gray was then removed from the wagon at Baker Street, places flex cuffs on his wrists and leg shackles on his ankles — while they completed paperwork. He was then placed back into the wagon’s floor head first and stomach down — without a seatbelt.

“Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon,” Mosby said.

After leaving Baker Street, the officers stopped again to check on Gray’s condition, but they did not seek medical attention for Gray. Again, Goodson drove off without buckling Gray into the van.

The van stopped once again, this time Officer William G. Porter met up with Goodson and checked on gray. Gray asked for medical attention stating he couldn’t breathe. Porter asked Gray if he needed a medic and although Gray insisted he did, the officers allegedly placed him back on the bench and decided he did not need a medic.

Then Porter left to assist with another arrest on West North avenue and Goodson shortly followed with Gray in the back of the police van to help transport another suspect. When they arrived at that located they Sgt. Alicia White, Goodson and Porter saw Gray was unresponsive on the floor of the back of the wagon.

White spoke to the back of Gray’s head and was advised he needed a medic, but Mosby said she made no effort to determine his condition.

The officer did not get Gray medical attention until they returned to the Western District station.

Mosby said the officers are being charged with a number of counts of manslaughter, assault and misconduct. One officer will even be charged with a count of murder.

  • Officer Caeser B. Goodson, Jr. was charged with second-degree depraved heart murder, involuntary manslaughter, second-degree assault, two counts of manslaughter by vehicle and misconduct in office.
  • Officer William G. Porter was charged with involuntary manslaughter, second-degree assault and misconduct in office.
  • Lt. Brian W. Rice was charged with involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Edward M. Nero charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Garret Miller charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Sgt. Alicia White involuntary manslaughter, second-degree assault and misconduct in office.

Warrants have been issued for the arrest of the officers.

“To the people of Baltimore and the demonstrators across America, I heard your call for ‘No Justice, No Peace,’ your peace is sincerely needed as I work to deliver justice on behalf of this young man,” Mosby added.

The officers could face up to 20 years in prison for the charges. The driver — Goodson — could face up to 63 years in prison. They are expected to turn themselves in later today.

As groups take to the streets of Baltimore to celebrate the news, several officials reacted to the findings.

The Baltimore Police Fraternal Order of Police No. 3 issued a letter to Mosby Friday morning on behalf of the officers involved saying that the death was not the officers’ faults and they also requested a special prosecutor citing conflicts of interest with Mosby’s office.

“Each of the officers involved is sincerely saddened by Gray’s passing. They are all committed police officers who have dedicated their careers to the Baltimore City Police Department,” the letter states, “And that has been lost in all the publicity.”

“All death is tragic,” the FOP states. “And death associated with interaction with police is both shocking and frightening to the public.”

Rep. Elijah Cummings reacted to the charges filed against the officers in a press conference Friday afternoon.

“Let the wheels of justice roll, and it’s good that they are rolling, instead of standing still,” Cummings said. “”One of things that I’m determined to do and I’m hoping we’re able to do is make Baltimore a model for the nation.”

Gov. Larry Hogan who has been working from Baltimore this week due to the state of emergency also commented on Mosby’s findings:

“We finally get the process moving forward, but it’s a process. The criminal justice system is gonna work it’s way through, we believe in the criminal justice system. It’s just one component of what’s going on down here. There’s the Freddie Gray case, there’s the safety of the people of Baltimore, and then there’s the longer term issues,” Hogan said. “My role in the process is to try to keep folks safe.” … “I know emotions are running high. We want to keep the peace, keep the calm. We’ve got a lot folks out there demonstrating tonight and tomorrow and we want to continue to have the kind of success we’ve had over the past three days of keeping people calm.”

Hogan said he doesn’t have a timeline for when curfew will be lifted.

http://baltimore.cbslocal.com/2015/05/01/city-states-attorney-says-freddie-grays-arrest-illegal-has-enough-evidence-for-charges/

Death of Freddie Gray

From Wikipedia, the free encyclopedia
This article is about the death of Freddie Gray. For the protests that followed, see 2015 Baltimore civil unrest.
Death of Freddie Gray
Freddie Gray.jpg

Freddie Carlos Gray, Jr.
August 16, 1989 – April 19, 2015
Date Incident April 12, 2015
Location Baltimore, Maryland, U.S.
Type Death while in police custody
Cause Spinal cord injury
Filmed by Two witnesses to Gray’s arrest
Participants Freddie C. Gray, six Baltimore police officers
Outcome Death of Freddie Gray on April 19, 2015
Burial April 27, 2015
Inquiries U.S. Department of Justice
Baltimore Police Department
Accused Caesar R. Goodson Jr., William G. Porter, Brian W. Rice, Edward M. Nero, Garrett Miller, Alicia D. White[1]
Charges Goodson: Second-degree murder
Others: involuntary manslaughter, second-degree assault, manslaughter by vehicle, misconduct in office, false imprisonment[1]

On April 12, 2015, Freddie Gray, a 25-year-old African-American man, was taken into custody by the Baltimore Police Department for allegedly possessing a switchblade; however, Baltimore state’s attorney Marilyn J. Mosby subsequently stated “The knife was not a switchblade and is lawful under Maryland law”.[2] While being transported in a police van, Gray fell into a coma and was taken to a trauma center.[3][4][5] Gray died on April 19, 2015. His death was ascribed to injuries to his spinal cord.[5] On April 21, 2015, pending an investigation of the incident, six Baltimore police officers were temporarily suspended with pay.[4]

The circumstances of the injuries were initially unclear; eyewitness accounts suggested that the officers involved had partaken in unnecessary use of force against Gray while arresting him—a claim denied by an officer involved.[4][5][6][7]Commissioner Anthony Batts reported that the officers did not buckle him inside the van when being transported to the police station—a report supported by a medical investigation which found that Gray had sustained the injuries while in transport.[8][9]

On May 1, 2015, Baltimore prosecutors ruled that Gray’s death was a homicide, and that his arrest was illegal because the alleged switchblade was a legal-sized pocket knife. The prosecutors stated that they had probable cause to file criminal charges against the six police officers who were believed to be involved in his death.[2] One officer was charged with second degree depraved-heart murder, and others were charged with crimes ranging from manslaughter to illegal arrest.[2]

Gray’s death resulted in an ongoing series of protests and civil disorder, in the spirit of the reaction to the 2014shooting of Michael Brown. A major protest in downtown Baltimore on April 25, 2015, turned violent, resulting in 34 arrests and injuries to 15 police officers.[10] After Gray’s funeral on April 27, civil unrest intensified with looting and burning of local businesses and a CVS drug store, culminating with a state of emergency declaration by GovernorLarry Hogan and Maryland National Guard deployment to Baltimore.

Background

Personal life

Freddie C. Gray was the 25-year-old son of Gloria Darden. He had a twin sister, Fredericka, as well as another sister, Carolina.[11] At the time of his death, Gray lived in the home owned by his sisters in the Gilmor Homes neighborhood.[11] He stood 5 feet 8 inches (1.73 m) and weighed 145 pounds (66 kg).[12]

Criminal record

Gray had a criminal record, mainly for misdemeanors and drug-related offenses.[12] He had been arrested a total of 22 times in Maryland, primarily for possession and distribution of illegal narcotics.[13] Gray had been involved in 20 criminal court cases, five of which were still active at the time of his death.[14][12]

Arrest and death

Police encountered Freddie Gray on the morning of April 12, 2015,[7] in the Sandtown-Winchester neighborhood of Baltimore, an area known to have high levels of home foreclosures, poverty, drug deals and violent crimes.[3][15] According to the charging documents submitted by the Baltimore police,[16] Gray attempted to flee “unprovoked” on foot, but police on bicycles chased and tackled Gray, found what they claimed was a switchblade in his pocket, and took him into custody at 8:40 a.m.[7][17] Two bystanders captured Gray’s arrest with video recordings, showing Gray being dragged into the van by officers. A bystander with connections to Gray stated that the officers were “folding” Gray—with one officer bending Gray’s legs backwards, and another holding Gray down by pressing a knee into Gray’s neck. Another witness told the Baltimore Sun that they had witnessed Gray being beaten with batons.[7][18]

According to the police timeline, Gray was placed in a transport van within 11 minutes of his arrest, and within 30 minutes, paramedics were summoned to take Gray to a hospital.[3] The van made four confirmed stops while Gray was detained. At 8:46 a.m., Gray was unloaded in order to be placed in leg irons because police said he was “irate.” A later stop, recorded by a private camera, shows the van stopped at a grocery store. At 8:59 a.m., a second prisoner was placed in the vehicle while officers checked on Gray’s condition, and 27 minutes later the van made its final stop so paramedics could transport an unconscious Gray to the hospital.[19] He was taken to the University of Maryland R Adams Cowley Shock Trauma Center in a coma.[3][20] The statement of charges filed by Officer Garrett Miller against Gray accused him of possessing a switchblade. Miller wrote, “The defendant was arrested without force or incident.”[6] Officers also reported “that he suffered a medical emergency during transport”.[7][21] The media has suggested the possibility of a so-called “rough ride“—where a handcuffed prisoner is placed without a seatbelt in an erratically driven vehicle—as a contributing factor in Gray’s injury.[22][23]

In the following week, according to the Gray family attorney, Gray suffered from total cardiopulmonary arrest at least once but was resuscitated without ever regaining consciousness. He remained in a coma, and underwent extensive surgery in an effort to save his life.[3] According to his family, he lapsed into a coma with three fractured vertebrae, injuries to his “voice box”, and his spine “80% severed” at his neck. Police confirmed that the spinal injury led to Gray’s death.[4][5] The attorney also disputed the claim that Gray had been in possession of a switchblade, and stated that it was actually a “pocketknife of legal size”.[24] He died on April 19, 2015, a week after his arrest.[17]

Aftermath

Investigation

The Baltimore Police Department suspended six officers with pay pending an investigation of Gray’s death.[17] The six officers involved in the arrest were identified as Lieutenant Brian Rice, 41 (18 years on the force), Sergeant Alicia White, 30 (5 years on the force), Officer William Porter, 25 (5 years on the force), Officer Garrett Miller, 26 (3 years on the force), Officer Edward Nero, 29 (3 years on force), and Officer Caesar Goodson, 45 (16 years on the force).[25] On April 24, 2015, Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.”[8] Batts also acknowledged police did not follow procedure when they failed to buckle Gray in the van while he was being transported to the police station.[8] The U.S. Department of Justice also opened an investigation into the case.[26]

On April 30, 2015, Kevin Moore, the man who filmed Gray’s arrest, was arrested at gunpoint following “harassment and intimidation” by police. Moore stated to have cooperated with police and gave over his video of Gray’s arrest for investigation. He claimed, despite aiding in the investigation, his photo was made public by police for further questioning.[27] The same day, medical examiners reported Gray sustained more injuries as a result of him slamming into the inside of the transport van, “apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van”. [9]

Charges

On May 1, 2015, the Baltimore State’s Attorney’s office ruled that Freddie Gray’s death was a homicide, and that they had probable cause to file criminal charges against the six officers involved. Marilyn Mosby, the state’s attorney for Baltimore City, said that the Baltimore police had acted illegally and that “No crime had been committed” (by Freddie Gray).[28] Mosby said that Gray “suffered a critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside the BPD wagon.”[29][30] It was also ruled that the arrest of Gray was false imprisonment, because he was carrying a pocket knife of legal size, and not the switchblade police claimed he had possessed at the time of his arrest.[31]

Three of the officers are facing manslaughter charges and one faces an additional count of second degree depraved-heart murder. The murder charge carries a possible penalty of 30 years in prison; the manslaughter and assault offenses carry a maximum penalty of 10 years in prison. [32]

  • Officer Caesar R. Goodson, Jr.: Second degree depraved heart murder; involuntary manslaughter; second-degree assault; manslaughter by vehicle (gross negligence); manslaughter by vehicle (criminal negligence); misconduct in office[32]
  • Officer William G. Porter: Involuntary manslaughter; second degree assault; misconduct in office[32]
  • Lt. Brian W. Rice: Involuntary manslaughter; two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment[32]
  • Officer Edward M. Nero: Two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment[32]
  • Officer Garrett E. Miller: Two counts of second degree assault; two counts of misconduct in office; false imprisonment[32]
  • Sgt. Alicia D. White: Involuntary manslaughter; second degree assault; misconduct [32]

As of May 1st, five of the six officers were in custody.[33]

Response to charges

Mayor Stephanie Rawlings-Blake said there was no place in the Baltimore Police department for those police officers who “choose to engage in violence, brutality, racism and brutality.[34] Gene Ryan, president of the police union chapter said that despite the tragic situation, “none of the officers involved are responsible for the death of Mr. Gray.”[34]

Public response

Protesters at a police station near the site of Gray’s arrest on April 25

Public reaction to the death has drawn parallels to the response to the 2014 shooting of Michael Brown, as part of a larger string of controversial uses of force by police officers in the United States.[35][36] As of April 30, 2015, 22 demonstrations had been held nationwide in direct response to Gray’s death or in solidarity with Baltimore.[37]

On April 18, 2015, hundreds of people participated in a protest outside the Baltimore Police Department.[38] Three days later, on April 21, 2015, according to Reuters, “[h]undreds of demonstrators gathered in Baltimore”, protesting Gray’s death.[18]The next day, Gene Ryan, the president of the local lodge of the Fraternal Order of Police, expressed sympathy for the Gray family, but criticized the “rhetoric of protests” and suggested that “the images seen on television look and sound much like a lynch mob.” William Murphy, attorney for the Gray family, demanded an “immediate apology and a retraction”.[39] Ryan defended his statement two days later, while admitting that the wording was poor.[40] Charles M. Blow of The New York Times, reminded of a column he wrote several years ago, said that comparing protests to lynch mobs was too extreme because it inflames racial tensions by belittling the significance of the history of lynching in the United States.[41]

On April 25, 2015, protests were organized in downtown Baltimore, and the protests turned violent as protesters threw rocks and set fires.[42] At least 34 people were arrested, and 15 officers were injured.[10][43][44] On April 27, rioting and looting began after the funeral of Gray,[45] with two patrol cars destroyed and 15 officers reported injured.[10] Protesters looted and burned down a CVS Pharmacy location in downtown Baltimore.[46]

In reaction to the unrest, the Maryland State Police sent 82 troopers to protect the city.[47] A Baltimore Orioles baseball game against the Chicago White Soxscheduled for the evening was postponed due to the unrest.[48] The next game commenced as scheduled but, as a precautionary measure, fans were barred from attending.[49] Maryland Governor Larry Hogan declared a state of emergency, and activated the Maryland National Guard.[50][51] Hogan also activated 500 state troopers for duty in Baltimore and requested an additional 5,000 police officers from other locales.[52][53]

At a press conference, Baltimore’s mayor announced there would be a citywide curfew from 10:00 p.m. to 5:00 a.m.[54][55][56] School trips were canceled until mid-May,[57][58] and Baltimore’s city schools were closed on April 28.[59] In addition, both the University of Maryland campus in downtown Baltimore and the Mondawmin Mall were closed early.[60]

Protests outside Baltimore also took place in other U.S. cities. In New York City, 143 people at Union Square were arrested on April 29, 2015 for blocking traffic and refusing to relocate. On the same day, outside the White House in Washington, D.C., nearly 500 protesters converged without an incident. In Denver, eleven people were arrested as protesters were involved in physical altercations with officers. Other protests in response to Gray’s death took place in cities including Philadelphia,Minneapolis, and Portland.[61]

See also

http://en.wikipedia.org/wiki/Death_of_Freddie_Gray

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Baltimore Police Were Repeatedly Ordered To ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’ — Videos

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Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: Baltimore Police Were Repeatedly Ordered To ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’  — Videos

Alarming Order – Rpt: Mayor Told Police To Stand Down – Baltimore, MD – Fox & Friends

Hemmer to Baltimore Mayor: Did You Tell Cops to Stand Down?

Officers Saying Baltimore Mayor Told Police To Stand Down!

Baltimore Riots: Mayor Ordered Police to Stand Down

Baltimore Mayor Stephanie Rawlings-Blake Defends Police Reforms at Sharpton Presser

OBAMA Gave STAND DOWN ORDER to BALTIMORE Mayor! “NOW THATS A LEGACY!” Part 1

Sheriff: ‘I Was Sick To My Stomach’ After Being Told To Stand Down

A Maryland sheriff who traveled to Baltimore to help law enforcement stop Monday’s riots told 105.7 The Fan that he was stunned when officers alerted him of the orders to stand down.

Michael Lewis is the Sheriff in Wicomico County, and was also a Sergeant with the Maryland State Police. He joined Ed Norris and Steve Davis on Thursday to talk about the alleged controversial orders the police were given during the riots.

Lewis said it wasn’t his intention to come to Baltimore, a drive of about two hours, but he felt it was his duty to help.

“I hadn’t planned to go to Baltimore at all. I watched the events unfold Saturday night like we all did, and was very concerned about what I saw, and the the lack of response Saturday night,” he said. “I immediately rallied up the troops. We made sure our MRAP was prepared and ready. … We were assigned to assigned to protect Baltimore City Police headquarters, all of E. Fayette Street up to City Hall, to include City Hall. There wasn’t a whole lot of activity taking place at all. We could smell that putrid smell of burning tires and a city on fire when as we came into the city. Had lots of concerns like everyone else. We maintained our post all night long until we were relieved.”

But what shocked him the most, he said, was when city police told him not to confront and accost the rioters.

“I was sick to my stomach like everybody else. … This was urban warfare, no question about it. They were coming in absolutely beaten down. The [city officers] got out of their vehicles, thanked us profusely for being there, apologized to us for having to be there. They said we could have handled this, we were very capable of handling this, but we were told to stand down, repeatedly told to stand down,” he said. “I had never heard that order come from anyone — we went right out to our posts as soon as we got there, so I never heard the mayor say that. But repeatedly these guys, and there were many high-ranking officials from the Baltimore City Police Department … and these guys told me they were essentially neutered from the start. They were spayed from the start. They were told to stand down, you will not take any action, let them destroy property. I couldn’t believe it, I’m a 31-year veteran of law enforcement. … I had never heard anything like this before in my life and these guys obviously aren’t gonna speak out and the more I thought about this, … I had to say a few things. I apologize if I’ve upset people, but I believe in saying it like it is.”

Lewis said though he didn’t hear the order to stand down come from the mayor, he did hear it from police officials.

“I heard it myself over the Baltimore City police radio that I had tethered to my body-armor vest, I heard it repeatedly. ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’ I couldn’t believe those words. Those are words I’ve never heard in my law enforcement vocabulary,” he said. “Baltimore City police, all law enforcement agencies are very capable of handling that city. They’re trained to handle that city. These guys were hearing words that had never been echoed in their lives, in their careers.”

Lewis claims after the riots many officers told him they were done being cops in the city and how heartbroken they are that they were not allowed to defend their city and stop businesses from burning.

http://baltimore.cbslocal.com/2015/04/30/sheriff-michael-lewis-on-the-stand-down-orders-given-to-city-officers/

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 455-457

Listen To Pronk Pops Podcast or Download Show 447-454

Listen To Pronk Pops Podcast or Download Show 439-446

Listen To Pronk Pops Podcast or Download Show 431-438

Listen To Pronk Pops Podcast or Download Show 422-430

Listen To Pronk Pops Podcast or Download Show 414-421

Listen To Pronk Pops Podcast or Download Show 408-413

Listen To Pronk Pops Podcast or Download Show 400-407

Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

Listen To Pronk Pops Podcast or Download Show 143-150

Listen To Pronk Pops Podcast or Download Show 135-142

Listen To Pronk Pops Podcast or Download Show 131-134

Listen To Pronk Pops Podcast or Download Show 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Shows 93

Listen To Pronk Pops Podcast or Download Shows 92

Listen To Pronk Pops Podcast or Download Shows 91

Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

Listen To Pronk Pops Podcast or Download Shows 71-73

Listen To Pronk Pops Podcast or Download Shows 68-70

Listen To Pronk Pops Podcast or Download Shows 65-67

Listen To Pronk Pops Podcast or Download Shows 62-64

Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

Listen To Pronk Pops Podcast or Download Shows 52-54

Listen To Pronk Pops Podcast or Download Shows 49-51

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Listen To Pronk Pops Podcast or Download Shows 34-37

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It Is Time For A New Different Kind of President? Neither Democrat Nor Republican! — An Independent Constitutionalist — The Longer Senator Rand Paul Stays In Washington He Becomes More An Establishment Republican On Key Issues — Big Government Conservative Not Limited Government Libertarian — The Co-opting of Rand Paul — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: It Is Time For A New Different Kind of President? Neither Democrat Nor Republican! — An Independent Constitutionalist — The Longer Senator Rand Paul Stays In Washington He Becomes More An Establishment Republican On Key Issues — Big Government Conservative Not Limited Government Libertarian — The Co-opting of Rand Paul — Videos

Polling Data

Poll Date Bush Walker Cruz Paul Huckabee Carson Rubio Christie Perry Santorum Jindal Kasich Spread
RCP Average 2/26 – 3/31 16.8 16.2 8.7 8.7 8.7 8.7 6.5 6.0 2.5 1.8 1.5 1.3 Bush +0.6
FOX News 3/29 – 3/31 12 15 10 9 10 11 8 4 3 2 2 1 Walker +3
ABC/Wash Post 3/26 – 3/29 21 13 12 8 8 6 8 7 1 2 1 1 Bush +8
PPP (D) 3/26 – 3/31 17 20 16 10 6 10 6 4 3 Walker +3
CNN/ORC 3/13 – 3/15 16 13 4 12 10 9 7 7 4 1 1 2 Bush +3
McClatchy/Marist 3/1 – 3/4 19 18 4 7 10 9 5 6 3 2 Bush +1
Quinnipiac 2/26 – 3/2 16 18 6 6 8 7 5 8 1 2 2 1 Walker +2

All 2016 Republican Presidential Nomination Polling Data

http://www.realclearpolitics.com/epolls/2016/president/us/2016_republican_presidential_nomination-3823.html

Rand Paul 2016 Speech – Senator Rand Paul Announces Running For U.S. President |FULL SPEECH

Rand Paul in 2016?

RAND PAUL Explains LIBERTARIANISM

Rand Paul: Ted Cruz’s Audience Was Required To Attend, I’m Not Interested In Throwing Out Red Meat

“A Different Kind of Republican Leader”

Rand Paul 2016 Campaign Promises

Rand Paul was for the Fair Tax before he was against it

Rand Paul says he supports the Fair Tax

Rand Paul explains the Flat Tax to Berkeley

Rand Paul on Tax Reform – Fox Business’ Cavuto 10/19/2012

Rand Paul proposes 17% Flat Tax that would lead to the “outright elimination of the IRS”

Rand Paul: More Immigrants, More Tax Revenue

Rand Paul: Obama Poured $1 Trillion Into Economy With His Stimulus Bill But It Didn’t Create Jobs

‘Ron Paul’s rEVOLution’ discussion w/ Rand Paul and Brian Doherty

Rand Paul Conservative Policy Summit FULL SPEECH

RAND PAUL TELLS US THE TRUTH “CIA FUNDED ISIS UNDER OBAMA ADMIN TO PROMOTE MORE WAR IN MIDDLE EAST”

Sean Hannity Shows His Influence

The Presidential Contenders: Rand Paul

Libertarianism: An Introduction

Jon Stewart’s 19 Tough Questions for Libertarians!

Ron Paul vs Rand Paul Stefan Molyneux Hosts the Peter Schiff Radio Show

Questions – Immigration Update – April 1-2, 2015

Most Voters Want More Aggressive Deportation Policies
See Toplines
See Crosstabs
Platinum Page

National Survey of 1,000 Likely Voters
Conducted April 1-2, 2015
By Rasmussen Reports

1* Is the U.S. government too aggressive or not aggressive enough in deporting those who are in this country illegally? Or is the number of deportations about right?

2* Suppose a woman enters the United States as an illegal alien and gives birth to a child in the United States. Should that child automatically become a citizen of the United States?

3* Should illegal immigrants who have American-born children be exempt from deportation?

4* Before anyone receives local, state or federal government services, should they be required to prove they are legally allowed to be in the United States?

5* How concerned are you that efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens?

NOTE: Margin of Sampling Error, +/- 3 percentage points with a 95% level of confidence

http://www.rasmussenreports.com/public_content/politics/questions/pt_survey_questions/april_2015/questions_immigration_update_april_1_2_2015

Immigration

Most Voters Want More Aggressive Deportation Policies

More voters than ever feel the United States is not aggressive enough in deporting those who are here illegally, even as President Obama continues to push his plan to make up to five million illegal immigrants safe from deportation.

Just 16% of Likely U.S. Voters think the U.S. government is too aggressive in deporting those who are in the country illegally. A new Rasmussen Reports national telephone survey finds that 62% believe the government is not aggressive enough in deporting these illegal immigrants, up from 52% a year ago and 56%in November. Fifteen percent (15%) feel the current number of deportations is about right. (To see survey question wording, click here.)

Thirty-two percent (32%) believe illegal immigrants who have American-born children should be exempt from deportation, an element of Obama’s plan, but 51% now disagree. In November, voters were much more closely divided: 38% said they should be exempt from deportation, and only 42% disagreed. Seventeen  percent (17%) remain undecided.

But then most voters (54%) continue to feel that a child born to an illegal immigrant mother in the United States should not automatically become a U.S. citizen, as is now the case.  Thirty-eight percent (38%) favor the current policy of automatic citizenship for these children. Opposition has ranged from 51% to 65% in surveys since April 2006. Support has been in the 28% to 41% range in that same period.

An overwhelming 83% of voters think someone should be required to prove they are legally allowed in the United States before receiving local, state or federal government services. Just 12% disagree. These findings have changed little over the past four years.

Still, 54% are concerned that efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens. Forty-three percent (43%) don’t have that concern. This includes 25% who are Very Concerned about possible civil rights violations and 12% who are Not at All Concerned. This, too, is consistent with past surveying.

(Want a free daily e-mail update? If it’s in the news, it’s in our polls). Rasmussen Reports updates are also available on Twitter or Facebook.

The survey of 1,000 Likely Voters was conducted on April 1-2, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Most voters continue to believe federal government policies encourage illegal immigration.

Most voters in nearly every demographic category agree that the federal government is not aggressive enough in its deportation policies. Most also believe very strongly that someone should have to prove they are a U.S. citizen before obtaining government benefits.

Most women and men agree that a child born to an illegal immigrant in this country should not automatically become a U.S. citizen.

Voters under 40 are only slightly less supportive than their elders of more aggressive deportation policies. But they are much more likely than those 40 and over to think that a child born to an illegal alien in this country should automatically become a U.S. citizen.

Sixty percent (60%) of whites oppose automatic citizenship; 51% of blacks and 56% of other minority voters favor it.

Eighty-one percent (81%) of Republicans and 68% of voters not affiliated with either major party think the government is not aggressive enough in deporting illegal immigrants. Just 40% of Democrats agree. But then Democrats are far more concerned than the others that deportation efforts may end up violating the civil rights of some U.S. citizens.

Democrats by a 51% to 33% margin believe illegals who have American-born children should be exempt from deportation. Sixty-two percent (62%) of GOP voters and 60% of unaffiliateds disagree.

Most voters continue to believe that securing the border is more important than legalizing the status of undocumented workers already here and think plans to offer legal status to such individuals will just encourage more illegal immigration.

More than half of voters remain opposed to Obama’s new plan that will allow nearly five million illegal immigrants to remain in this country legally and apply for jobs. Forty-seven percent (47%) think Congress should try to find ways to stop the president’s plan, while 41% believe Congress should allow this decision to stand.

Voters also continue to strongly support voter ID laws and don’t consider them discriminatory.

Additional information from this survey and a full demographic breakdown are available to Platinum Members only.

http://www.rasmussenreports.com/public_content/politics/current_events/immigration/immigration

Voters Still Fault Feds For Illegal Immigration

Most voters continue to believe federal government policies encourage illegal immigration, but they still aren’t convinced states should go it alone in enforcing immigration laws.

A new Rasmussen Reports national telephone survey finds that 57% of Likely U.S. Voters think the policies and practices of the federal government encourage people to enter the United States illegally, the highest level of cynicism since June 2012. Twenty-eight percent (28%) disagree, while 15% are undecided. (To see survey question wording, click here.)

The number of voters who believe the federal government encourages illegal immigration reached a high of 62% in September 2010 but has mostly stayed in the mid-to high-50s in regular surveying for several years.

Still, 48% think relying on the federal government rather than states to enforce immigration laws is the best approach to dealing with illegal immigration. That’s down two points from last August  but is in line with findings since February 2011. Forty-two percent (42%) think it’s better to allow individual states to act on their own. Ten percent (10%) are undecided. Support for state action was slightly higher in 2011.

Most voters (61%) still favor strict government sanctions on employers who hire illegal immigrants. Twenty-four percent (24%) oppose such sanctions, while 15% are undecided. Support for these sanctions have run in the high 50s to low 60s for years, and Americans told us in a 2013 survey that employer sanctions are the most effective way to stop illegal immigration.

Voters remain more conflicted when it comes to landlords who rent or sell property to illegal immigrants. Forty-four percent (44%) favor strict government sanctions against them. Thirty-four percent (34%) are opposed, while 22% are undecided. These attitudes haven’t changed much over the years either.

But 57% believe if a police officer pulls someone over for a traffic violation, the officer should automatically check to see if that person is in the country legally. Thirty-three percent (33%) disagree, and 10% are not sure. These findings also have stayed fairly steady for years, although support for these checks hit a high of 73% in March 2009.

(Want a free daily e-mail update? If it’s in the news, it’s in our polls). Rasmussen Reports updates are also available on Twitter or Facebook.

The survey of 1,000 Likely Voters was conducted on March 4-5, 2015 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

Most voters continue to believe that securing the border is more important than legalizing the status of undocumented workers already here and think plans to offer legal status to such individuals will just encourage more illegal immigration.

Seventy-five percent (75%) of Republicans and 59% of voters not affiliated with either major political party believe the policies and practices of the federal government encourage illegal immigration. Democrats by a narrow 44% to 39% disagree. Most Republicans (62%) and unaffiliated voters by a 46% to 42% margin think states should be allowed to enforce immigration laws on their own, but 68% of Democrats think they should rely on the feds.

Sixty percent (60%) of voters who believe government policies encourage people to come here illegally favor allowing states to act on their own to enforce immigration laws. Seventy-eight percent (78%) of those who don’t believe government policies encourage illegal immigration think enforcement of such laws should be left to the federal government.

White voters are generally more supportive of strict sanctions against employers who hire illegal immigrants and landlords who rent or sell property to such individuals than black and other minority voters are. White voters also show stronger support for automatic police checks during traffic stops.

More than half of all voters remain opposed to President Obama’s new plan that will allow nearly five million illegal immigrants to remain in this country legally and apply for jobs. Forty-seven percent (47%) of voters think Congress should try to find ways to stop the president’s plan, while 41% believe Congress should allow this decision to stand.

Most voters continue to think the federal government should only do what the president and Congress agree on. They also still believe a president should not be able to change laws passed by Congress on his own.

However, just 17% of voters are even somewhat confident that the president and Republicans in Congress will be able to work together to do what’s best for the American people, and that includes only four percent (4%) who are Very Confident.

http://www.rasmussenreports.com/public_content/archive/immigration_update_archive/voters_still_fault_feds_for_illegal_immigration

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 439-441

Listen To Pronk Pops Podcast or Download Show 431-438

Listen To Pronk Pops Podcast or Download Show 422-430

Listen To Pronk Pops Podcast or Download Show 414-421

Listen To Pronk Pops Podcast or Download Show 408-413

Listen To Pronk Pops Podcast or Download Show 400-407

Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

Listen To Pronk Pops Podcast or Download Show 143-150

Listen To Pronk Pops Podcast or Download Show 135-142

Listen To Pronk Pops Podcast or Download Show 131-134

Listen To Pronk Pops Podcast or Download Show 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Shows 93

Listen To Pronk Pops Podcast or Download Shows 92

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Attorney General Nominee Loretta Lynch Says Illegal Aliens Have A Right To Work in America — No They Do Not — They Should Be Deported — It Is The Law — Vote Against Nominee — Who Broke The Immigration System By Not Enforcing The Law — Presidents Bush and Obama — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Pronk Pops Show 361: October 31, 2014

Pronk Pops Show 360: October 30, 2014

Pronk Pops Show 359: October 29, 2014

Pronk Pops Show 358: October 28, 2014

Pronk Pops Show 357: October 27, 2014

Pronk Pops Show 356: October 24, 2014

Pronk Pops Show 355: October 23, 2014

Pronk Pops Show 354: October 22, 2014

Pronk Pops Show 353: October 21, 2014

Pronk Pops Show 352: October 20, 2014

Pronk Pops Show 351: October 17, 2014

Pronk Pops Show 350: October 16, 2014

Pronk Pops Show 349: October 15, 2014

Pronk Pops Show 348: October 14, 2014

Pronk Pops Show 347: October 13, 2014

Pronk Pops Show 346: October 9, 2014

Pronk Pops Show 345: October 8, 2014

Pronk Pops Show 344: October 6, 2014

Pronk Pops Show 343: October 3, 2014

Pronk Pops Show 342: October 2, 2014

Pronk Pops Show 341: October 1, 2014

Story 1: Attorney General Nominee Loretta Lynch Says Illegal Aliens Have A Right To Work in America — No They Do Not — They Should Be Deported — It Is The Law — Vote Against Nominee — Who Broke The Immigration System By Not Enforcing The Law — Presidents Bush and Obama — Videos

Justice Department Officials Announce Charges Against HSBC

AG Nominee: ‘Right To Work Is Shared By Everyone In This Country Regardless’ Of Immigration Status

Senator Sessions, Chairman of the Senate Immigration Subcommittee, questioned Attorney General Nominee Loretta Lynch at today’s Judiciary hearing to consider her nomination. Sessions asked Lynch about the President’s decision to bypass Congress to order an amnesty, and how this action undermined the rights of disadvantaged American workers.

In addition to suspending enforcement for nearly all of the 12 million individuals unlawfully present in the United States, President Obama issue an executive decree on November 20th, 2014, extending work permits, Social Security, Medicare, tax credits, and government identification to 5 million illegal immigrants and illegal visa violators. This would allow illegal immigrants to take any job in America, regardless of chronic high unemployment for Americans—including a 10.4 percent unemployment rate for African-American workers. Peter Kirsanow, a member of the U.S. Commission on Civil Rights, explained—contra AG Holder’s “breathtaking” contention that amnesty was a civil right—that unlawful amnesty for illegal immigrants violated the rights of U.S. citizens to the full protection of their laws, including those laws passed by Congress to protect their jobs and wages from illegal competition. The President’s executive edict (an edict he said previously only an Emperor would deign to issue) voids Americans’ legal protections in law, supplanting them with a new executive policy that Congress and voters have rejected, a policy which forces unemployed Americans to compete against a large and growing illegal workforce.

Senator Sessions Attorney General Comfirmation Hearing jan 28 2015

Sen. Ted Cruz Second Q&A with Attorney General Nominee Loretta Lynch

Sen. Ted Cruz Third Q&A with Attorney General Nominee Loretta Lynch

AG Nominee Lynch: Obama’s Executive Action Did Not Provide Amnesty for Illegal Immigrants

Loretta Lynch, attorney general nominee, defends migrant policy

Loretta Lynch on Waterboarding: “It Is Torture And Illegal”

Attorney General nominee Loretta Lynch on Obama’s comments about marijuana

Lee questions Loretta Lynch on Prosecutorial Discretion, Operation Chokepoint, and Asset Forfeiture

Graham Questions U.S. Attorney General Nominee Loretta Lynch During Confirmation Hearing

Obama’s New Attorney General Nominee Loretta Lynch Hearing, Day 1, Part 1

AG Nominee Loretta Lynch Testifies Before Senate Judiciary Committee

Sen. Sessions Blasts President Obama’s Executive Immigration Order

The Problems with Loretta Lynch

Obama’s New Placeholder: Loretta Lynch

Brooklyn U.S. Attorney Loretta Lynch Picked As Attorney General Nominee

Megyn Kelly: Loretta Lynch Should Be ‘Most Acceptable’ AG Choice for GOP

Opening Statement from Attorney General Nominee Loretta Lynch (C-SPAN)

Speaker John Boehner on Executive Action on Immigration (C-SPAN)

24+ States File Lawsuit Against Obama’s Executive Amnesty

Up to December 10 a total of 24 States have Filed a Lawsuit Against Obama’s Executive Amnesty. Expect the number of states joining this lawsuit to rise over the next weeks. Originally 18 states, led by Texas, filed a lawsuit with the U.S. District Court in the Southern District of Texas challenging President Obama’s executive action on immigration. The suit claims that the White House overstepped its authority by granting amnesty and work permits for 5 million illegal aliens.
After filing the federal suit, Texas Attorney General and Governor-elect Greg Abbott wrote in a statement that President Obama’s executive amnesty “tramples the U.S. Constitution’s Take Care Clause and federal law.”
Also included in Attorney General Abbott’s statement were the states’ legal challenges to President Obama’s executive action:
• The executive action on immigration conflicts with the President’s constitutional duty to “take Care that the Laws be faithfully executed.” The Take Care Clause limits the scope of presidential power and ensures that the chief executive will uphold and enforce Congress’s laws – not unilaterally rewrite them under the cover of “prosecutorial discretion.”
• The DHS Directive failed to comply with the Administrative Procedure Act’s required notice and comment rulemaking process before providing that legal benefits like federal work permits, Medicare, and Social Security be awarded to individuals who are openly violating immigration laws.
• The executive action to dispense with federal immigration law will exacerbate the humanitarian crisis along the southern border, which will affect increased state investment in law enforcement, health care and education.
The other states involved in the suit include: Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.
UPDATE: Arizona has joined the lawsuit. In a statement, Arizona Governor Jan Brewer said, “Obama has exceeded his power as clearly defined in the United States Constitution and federal law and deliberately ignored the will of the American people. Such federal overreach cannot stand.”
Florida has joined the lawsuit. In a statement, Florida Attorney General Pam Bondi said, “The President repeatedly said he would not violate the law, then decided to do just that. The powers granted to the President are expressly laid out in the United States Constitution, yet President Obama has decided to ignore those parameters.”
As of December 10, Arkansas, Michigan, North Dakota, Ohio and Oklahoma have also joined the lawsuit.

The governors’ claim is in a 75-page document filed in a Texas federal district court that states “This lawsuit is not about immigration. It is about the rule of law, presidential power and the structural limits of the U.S. Constitution.” President Obama’s unilateral immigration action, which was presented November 20, would allow for work permits and tentative status to nearly five million illegal immigrants, and would protect many others from deportation. However, those not included would not have the same legal standing as the five million officially granted the amnesty.
The governors have said that their reasoning for suing is due to the cost and responsibility that comes with allowing five million people to stay. Their state taxpayers would be required to pay for the expenses entailed with schooling, health care, and police to handle a sudden influx of illegal border crossings. Texas is joined in the lawsuit by the states Alabama, Georgia, North
Carolina, South Carolina, Mississippi, Louisiana, West Virginia, Maine, Nebraska, Kansas, Idaho, Indiana, Montana, Utah, Wisconsin and South Dakota. Attorney General Greg Abbot of Texas leads the charge of spurring lawsuits against immigration amnesty by President Obama. Mr. Abbot has challenged the Obama administration 31 times and this will be his 34th against the federal government. This current lawsuit is being utilized by Republicans as a temporary method to stall President Obama’s amnesty action through the courts.

Jay Sekulow on Fox News: Resetting Obama’s Executive Power

Graham Questions U.S. Attorney General Nominee Loretta Lynch During Confirmation Hearing

Will Loretta Lynch Be Confirmed As Attorney General?

Federal Judge Rules Obama’s Immigration Orders Unconstitutional • Hannity • 12/17/14

December 17th, 2014 • A Federal Judge has ruled that President Obama’s executive actions on immigration are unconstitutional and a violation of the separation of powers clause. Constitutional Law Professor Jonathan Turley examines the ruling with Fox News host Sean Hannity.

Rep. Gowdy’s Floor Speech on Stopping Executive Action on Immigration

Cornyn: Executive Action on Immigration an Unconstitutional Abuse of Power

Is Obama’s executive action on immigration legal?

Gowdy: ‘President Obama is wrong’ on immigration executive action

Brooks and Marcus on immigration executive action precedent

Obama Immigration Reform 2014 Speech: Announcing Executive Action [FULL] Today on November 20th

Weekly Address: Immigration Accountability Executive Action

Cato Connects: Executive Action on Immigration

[FULL] Stewart Jabs Obama for Going All ‘Emperor’ on Immigration Action

 

26 states suing Obama over immigration executive action as Boehner plans his own legal action

It appears the majority of states believe President Obama’s executive action on immigration to be illegal.

A grand total of 26 states have joined a lawsuit led by Texas against Obama for the executive action he announced last November, according to the Huffington Post.

The suit was filed in December and, as of Monday, has gained the support of more half the states in the country.

“The momentum against the president’s lawlessness continues to build with Tennessee and Nevada joining the effort to protect our states from the economic and public safety implications of illegal amnesty,” explained Texas Attorney General Ken Paxton Monday. “As President Obama himself has said numerous times, he lacks the authority to impose amnesty. His actions represent a blatant case of overreach and clear abuse of power.”

Some states — 12 in addition to Washington, D.C., to be precise — have alternatively expressed their support of Obama’s executive action by filing an amicus brief. A group of 30 mayors have done the same.

However, the president certainly does not have the support of the Republican-led Congress on the issue. In fact, House Speaker John Boehner (R-Ohio) told GOP members of the House Tuesday that the government body will also pursue a lawsuit against Obama over his immigration action, as reports CNN.

“We are finalizing a plan to authorize litigation on this issue — one we believe gives us the best chance of success,” he reportedly said, according to a source.

This comes just months after the House filed a suit against the president over his executive action on Obamacare, which was itself seen by many as the House GOP’s response to Obama’s immigration announcement in November.

The 26 states that have joined in the immigration lawsuit are as follows: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.

http://redalertpolitics.com/2015/01/27/26-states-suing-obama-immigration-executive-action-boehner-plans-legal-action/Lynch defends Obama’s immigration policies

 

 

By ERICA WERNER and ERIC TUCKER

 

WASHINGTON (AP) — Challenged by Republicans, Attorney General nominee Loretta Lynch on Wednesday defended President Barack Obama’s decision to shelter millions of immigrants from deportation though they live in the country illegally.

She said that under the administration’s policy, the Department of Homeland Security is focusing its efforts on the removal of “the most dangerous of the undocumented immigrants among us.”

“It seems to be a reasonable way to marshal limited resources to deal with the problem” of illegal immigration, she said.

Lynch made her remarks in the opening moments of a hearing into her appointment as the nation’s first black female attorney general. It is the first confirmation proceeding since Republicans took control of the Senate this month.

Lynch, a daughter of the segregated South, was accompanied at the hearing by about 30 family members and friends. Among them were her father, who is a retired minister, her husband and several members of her college sorority, Delta Sigma Theta, wearing their trademark red.Settling into the witness chair for what promised to be a long day of questioning, Lynch promised a fresh relationship with law enforcement and with Congress.

“I pledge to all of you and to the American people that I will fulfill my responsibilities with integrity and independence,” she said in remarks prepared for the panel led by Republicans who say Attorney General Eric Holder has been too willing to follow President Barack Obama’s political agenda.

Sen. Charles Grassley, the Iowa Republican and committee chairman, said as much in the opening moments of the hearing. He said the department is “deeply politicized. But that’s what happens when the attorney general of the United States views himself, in his own words, as the president’s ‘wingman.'”

Grassley did not press further after Lynch offered her defense of Obama’s immigration policies, even though he said they amount to rewriting the law rather than enforcing it.

Lynch, the U.S. attorney for the Eastern District of New York, is widely expected to win confirmation easily, if only because Republicans are so eager for Holder’s tenure to end. He has been a lightning rod for conservative criticism, clashing with Republicans and becoming the first sitting attorney general held in contempt of Congress.In testimony delivered before she was questioned, Lynch said that if confirmed she would focus on combatting terrorism and cybercrime and would protect the vulnerable from criminal predators.

And she was at pains to promise what Republican critics demanded in advance.

“I look forward to fostering a new and improved relationship with this committee, the United States Senate and the entire United States Congress, a relationship based on mutual respect and constitutional balance,” she said.

Holder also battled the perception from critics that he aligned himself more with protesters of police violence than with members of law enforcement, a charge he and the Justice Department have strongly denied — but one that resonated in the aftermath of high-profile deaths of black men at the hands of white police officers.

In her prepared testimony, Lynch promised a fresh start in that relationship, too.“Few things have pained me more than the recent reports of tension and division between law enforcement and the communities we serve,” Lynch said, pledging to “work to strengthen the vital relationships” if confirmed.

Lynch already has earned praise from several GOP senators for her impressive credentials and accomplishments. But she faced tough questions from Republicans who now control the Senate.

“She certainly has the credentials. We don’t want a repeat of what we had,” said Sen. Orrin Hatch, R-Utah, a senior committee member. “I look upon her as a pretty good appointment, but I have to listen along with everybody else.”

In answer to a question from Hatch, she said Wednesday, “Every lawyer has to be independent, the attorney general even more so, and I pledge to you that I take that independence seriously.”

The Judiciary Committee includes some of the Senate’s most outspoken Republicans, among them Sen. Ted Cruz of Texas, a potential presidential candidate who promised to quiz Lynch on Obama’s executive actions on immigration that granted reprieves from deportation to millions.

“We need an attorney general who will stop being a partisan attack dog and instead get back to the traditions of upholding the Constitution and the law in a fair and impartial manner,” Cruz said.

Lynch’s hearing comes amid a nationwide spotlight on police tactics in the wake of deaths of black men at the hands of white police officers, as well as the slaying last month of two officers in New York City. It’s an issue Lynch, 55, is deeply familiar with.

Lynch helped prosecute the New York City police officers who severely beat and sexually assaulted Haitian immigrant Abner Louima in 1997. Her office in New York is currently leading a civil rights investigation into the police chokehold death of Eric Garner in Staten Island last summer.

Lynch has been the top prosecutor since 2010 for a district that includes Brooklyn, Queens, Staten Island and Long Island, a role she also held from 1999 to 2001.

Lynch grew up with humble beginnings in North Carolina, the daughter of a school librarian and a Baptist minister. She received undergraduate and law degrees from Harvard University. testimony.

http://apnews.myway.com/article/20150128/us–senate-attorney_general-4e5eabfaf6.html

 

Govt tells agents to ID which immigrants not to deport

By ALICIA A. CALDWELL

WASHINGTON (AP) — The Obama administration has ordered immigration agents to ask immigrants they encounter living in the country illegally whether they might qualify under President Barack Obama’s plans to avoid deporting them, according to internal training materials obtained by The Associated Press.

Agents also have been told to review government files to identify any jailed immigrants they might be able to release under the program.

The directives from the Homeland Security Department mark an unusual change for U.S. immigration enforcement, placing the obligation on the government for identifying immigrants who might qualify for lenient treatment. Previously, it was the responsibility of immigrants or their lawyers to assert that they might qualify under rules that could keep them out of jail and inside the United States.

It’s akin to the Internal Revenue Service calling taxpayers to recommend they should have used certain exemptions or deductions.

The training materials apply to agents for Customs and Border Protection and Immigration and Customs Enforcement. They instruct agents “to immediately begin identifying persons in their custody, as well as newly encountered persons” who may be eligible for protection from deportation.One training document includes scenarios describing encounters between agents and immigrants with guidance about how agents should proceed, with a checklist of questions to determine whether immigrants might qualify under the president’s plans. ICE officials earlier began releasing immigrants who qualified for leniency from federal immigration jails.

Obama in November announced a program to allow roughly 4 million parents of U.S. citizens and legal permanent residents to apply for permission to stay in the country for up to three years and get a work permit. The program mirrors one announced in 2012 that provides protection from deportation for young immigrants brought to the country as children.

A spokesman for Customs and Border Protection, Carlos Diaz, said immigrants caught crossing the border illegally remain a top priority for the agency. The training documents for border agents, he said, “provide clear guidance on immigration enforcement operations so that both time and resources are allocated appropriately.”

Crystal Williams, executive director for the American Immigration Lawyers Association in Washington, said the training will help filter people the government said should not be a priority anyway. She said the training marked the first she has heard of officers being directed to screen immigrants for potential leniency before they were arrested.

“Just because it’s a change doesn’t mean it’s anything particularly radical,” Williams said.Rep. Luis Gutierrez, an Illinois Democrat and vocal supporter of Obama’s immigration plans, said having CBP officers screen immigrants out of the deportation line lets the government “move criminals and recent arrivals to the front of the deportation line. The emphasis now is on who should be deported first, not just who can be deported.”

A former deputy assistant attorney general in the Justice Department, John Malcolm, said the new instructions limit immigration agents.

“Agents are being discouraged away from anything other than a cursory view” of an immigrant’s status and qualification for leniency, said Malcolm, who works as a senior legal fellow at the conservative Heritage Foundation think tank in Washington.

Under Obama’s plans, the government is focused on deporting immigrants with serious criminal records or who otherwise pose a threat to national security or public safety. For the most part, under the new policy, immigrants whose only offense is being in the country without permission aren’t supposed to be a priority for immigration officers.

While the administration has estimated that as many as 4 million people will be eligible for protection from deportation, the Congressional Budget Office estimated about 2 million to 2.5 million immigrants are expected to be approved for the program by 2017. As many as 1.7 million young immigrants were estimated to be eligible for the Deferred Action for Childhood Arrivals program, but since its 2012 creation only about 610,000 people have successfully signed up.

http://apnews.myway.com/article/20150128/us–immigration_overload-a135fed8ce.htm
l

 

Three things that are illegal about Obama’s immigration plan

It’s official. By executive fiat, President Obama will grant amnesty to up to 5 million immigrants living illegally in the United States.

How did we get here? Didn’t the president say, even last year, that he couldn’t, and wouldn’t take executive action on immigration?

If Obama ever finds himself in a court of law, he would surely be advised to invoke the Fifth Amendment. He is prone to contradiction and tends to be a good witness against himself.

President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty.

Consider his self-incriminating statements on immigration and executive powers. A year ago, when asked if he had the authority to end deportations of illegal aliens he said, “Actually, I don’t.” Three years earlier, when pressed as to why he could not act on his own on immigration he said, “The notion that somehow I can just change the laws unilaterally is just not true.”

Well, now the president says it is true — he can alter the laws unilaterally. Why the metamorphosis? What changed? The law and the Constitution are still the same. Which leaves Obama. When it comes to the truth, inconvenient or otherwise, he is a chameleon like no other politician. He never hesitates to contradict himself, conjuring a new breadth of hypocrisy.

President Obama’s favorite justification for his executive action is that “Congress failed to act.” No, Mr. President, Congress did not fail to act, it chose not to act in granting amnesty.

There is a difference. A determination not to act is, by itself, a deliberate act. This is how the framers constructed our system of government. Congress considers and debates a great many bills. Not all of them pass. This is not “failure” in the conventional sense, but decision by declination. It constitutes a prudent and calculated process.

But the president uses this contrived “failure” as a pretext to arrogate the authority of another branch of government. He wields his pen to legislate by executive decree. He well knows he is exceeding his power. In 2011, he said, “I know some people want me to bypass Congress and change the (immigration) on my own. But that‘s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.” He was right. It was a rare moment of clarity for a man who fancies himself a constitutional scholar.

Now, however, by granting legal status to roughly half the nation’s population of illegal immigrants, Obama is twisting the law, ignoring the Constitution, and forsaking his primary responsibility as chief executive. For years, he argued publicly it would be unconstitutional for him to take such action because he said, “I’m president, I’m not king.” Apparently, he now favors a crown on his noggin. In truth, he is king of self-confutation, negating himself with his own words.

Recently, when asked why he disagreed with himself, the president insisted, “Well, actually, my position hasn’t changed”. After the laughter died down, the Washington Post Fact Checker gave Obama an upside-down Pinocchio for his tortured denial of a blatant flip-flop.

The president’s executive action to legalize illegals by nullifying existing law, constitutes a stunning abuse of office: usurping the power of Congress, while abdicating his duty to uphold and enforce the laws. Here are three ways this is happening:

1. Distorting Prosecutorial Discretion 

President Obama claims he is entitled to overhaul immigration laws in the name of  “prosecutorial discretion.” It is one of those wonderfully fungible phrases in the law. Elastic because it is vague and ambiguous. Useful because it can be easily abused. Mr. Obama has appropriated this doctrine to argue he has near boundless discretion to amend, revise, waive or suspend the execution of immigration laws. As chief executive, he is empowering himself to decide what laws may be enforced or ignored and what persons may come or go across our southern border irrespective of what the law actually states.

In past decisions, the U.S. Supreme Court has cautioned the executive branch that its prosecutorial discretion, while broad, is not “unfettered.” It is subject to restrictions. The doctrine may not be used to adopt a sweeping policy of non-enforcement of the law. It applies only to decisions not to prosecute or expelspecific individuals or small groups of people, typically for exigent reasons like war, civil unrest or political persecution.

By contrast, President Obama is bestowing a wholesale, blanket amnesty for an entire class of nearly 5 million people. He is doing so not for the reasons allowed by law, but for purposes that appear to be purely political. This is a flagrant abuse of prosecutorial discretion. His expansive action exceeds his authority in ways that none of his predecessors ever envisioned. And it is a radical departure from any of the executive actions issued by previous presidents.

It is true that President Ronald Reagan utilized executive action in 1987 to grant a limited deportation reprieve to certain spouses and young children of immigrants. But his action was a logical and direct extension of, not a departure from, an existing amnesty law Congress had already passed. His exemption and a subsequent extension by his successor, President George H. W. Bush, were later incorporated into a new law passed by Congress. The point is instructive. The actions by Reagan and Bush are not a supporting precedent for Mr. Obama, but an important limiting principle of presidential authority.

However, President Obama has commandeered this elastic doctrine of prosecutorial discretion and stretched or manipulated it beyond all recognition and reason. It has become his political Gumby toy with which he exerts his will whenever he fails to get his way with Congress. He contorts the word “discretion” to adopt a capacious policy — his own policy — to ban full enforcement of a duly enacted immigration statute. He treats the doctrine as a magical incantation shielding his arbitrariness.

2. Usurping Legislative Authority

Our Constitution clearly delineates a separation of powers. Congress is vested with writing laws and the President is charged with executing those laws. This is especially true when it comes to immigration.

At the end of the 19th century, the Supreme Court declared that Congress had “plenary power” (meaning full and complete) to regulate immigration. Derived from Article 1, Section 8 of the Constitution, the doctrine is based on the concept that immigration is a question of national sovereignty, relating to a nation’s right to define its own borders and restrict entrance therein. As the high court observed, “Over no conceivable subject is the legislative power of Congress more complete.”

Yet President Obama has decided to usurp this power by unilateral directive, unconstrained by established checks and balances. In so doing, he is granting himself extra-constitutional authority and upsetting the carefully balanced separation of powers. He is also subverting the nucleus of our constitutional design: the rule of law.

3. Breaching His Sworn Duty

President Obama’s decision that existing laws shall not be enforced against some 5 million illegal immigrants violates his sworn constitutional duty. Article II, Section 3 requires that the President “shall take Care that the Laws be faithfully executed.” Nowhere is it written that the chief executive is granted the latitude to pick and choose which laws he wants to enforce. He cannot ignore or nullify laws he does not like because the constitution gives him no power not to execute laws. To infer such latitude would invite an authoritarian rule anathema to our founding fathers’ vision. President Obama admitted as much when he said, “The fact of the matter is, there are laws on the books that I have to enforce.” He was specifically talking about immigration laws.

In 1996, Congress passed a law which requires federal immigration agents to deport illegal immigrants, with few exceptions. The statutory language is mandatory. Thus, whatever prosecutorial discretion which may have existed previously, was specifically eliminated by that legislative act. Yet, the President is now, in effect, ordering those agents to break the law. He cannot, on his own, engage in a de facto repeal of this law by executive action. To do so would be, quite simply, lawlessness and a dereliction of his duty.

If President Obama can refuse to enforce a valid federal law affecting millions of people, are there any limits to his powers? After all, he has frequently threatened, “Where Congress won’t act, I will.” What is to stop him from rewriting other laws with which he disagrees? Or to act where Congress has declined or refused to act? Can he abolish certain tax laws because Congress chooses to keep them? Can he banish all sources of energy except renewables to advance his agenda on climate change? If so, why even have a legislative branch of government? What’s the point of a Constitution which enumerates and circumscribes powers and duties?

Men like Madison, Jefferson and Adams were keenly aware of the tyranny and corruption of authority concentrated in too few hands. They knew the thirst for power posed an existential danger to those who cherish freedom. Their genius was in crafting a sustaining document that would end the arrogance of one man rule and protect the inherent rights of all men. They knew that absolute power corrupts.

And they feared future presidents like Mr. Obama.

In the history of our republic, no president has dared turn his high office into an instrument of unrestrained power. They held too much respect for their fellow citizens than to abuse or misuse the principles of our democracy. Even Lincoln’s actions to preserve the nation during the Civil War were grounded in the Constitution and the rule of law.

But, like the title of his autobiography, Mr. Obama’s measure of himself seems defined by the word “audacity.” It is no more evident than now.

http://www.foxnews.com/opinion/2014/11/20/three-things-that-are-illegal-about-obama-immigration-plan/

FACT SHEET:  Immigration Accountability Executive Action

The President’s Immigration Accountability Executive Actions will help secure the border, hold nearly 5 million undocumented immigrants accountable, and ensure that everyone plays by the same rules.  Acting within his legal authority, the President is taking an important step to fix our broken immigration system.

These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the U.S. without fear of deportation.

These are common sense steps, but only Congress can finish the job. As the President acts, he’ll continue to work with Congress on a comprehensive, bipartisan bill—like the one passed by the Senate more than a year ago—that can replace these actions and fix the whole system.

Three critical elements of the President’s executive actions are:

  • Cracking Down on Illegal Immigration at the Border:  The President’s actions increase the chances that anyone attempting to cross the border illegally will be caught and sent back. Continuing the surge of resources that effectively reduced the number of unaccompanied children crossing the border illegally this summer, the President’s actions will also centralize border security command-and-control to continue to crack down on illegal immigration.
  • Deporting Felons, Not Families: The President’s actions focus on the deportation of people who threaten national security and public safety. He has directed immigration enforcement to place anyone suspected of terrorism, violent criminals, gang members, and recent border crossers at the top of the deportation priority list.
  • Accountability – Criminal Background Checks and Taxes: The President is also acting to hold accountable those undocumented immigrants who have lived in the US for more than five years and are parents of U.S. citizens or Lawful Permanent Residents.  By registering and passing criminal and national security background checks, millions of undocumented immigrants will start paying their fair share of taxes and temporarily stay in the U.S. without fear of deportation for three years at a time.

The President’s actions will also streamline legal immigration to boost our economy and will promote naturalization for those who qualify.

For more than a half century, every president—Democratic or Republican—has used his legal authority to act on immigration.  President Obama is now taking another commonsense step. As the Administration implements these executive actions, Congress should finish the job by passing a bill like the bipartisan Senate bill that: continues to strengthen border security by adding 20,000 more Border Patrol agents; cracks down on companies who hire undocumented workers; creates an earned path to citizenship for undocumented immigrants who pay a fine and taxes, pass a background check, learn English and go to  the back of the line; and boosts our economy and keeps families together by cutting red tape to simplify our legal immigration process.

CRACKING DOWN ON ILLEGAL IMMIGRATION AT THE BORDER

Under the Obama Administration, the resources that the Department of Homeland Security (DHS) dedicates to security at the Southwest border are at an all-time high.  Today, there are 3,000 additional Border Patrol agents along the Southwest Border and our border fencing, unmanned aircraft surveillance systems, and ground surveillance systems have more than doubled since 2008. Taken as a whole, the additional boots on the ground, technology, and resources provided in the last six years represent the most serious and sustained effort to secure our border in our Nation’s history, cutting illegal border crossings  by more than half.

And this effort is producing results. From 1990 to 2007, the population of undocumented individuals in the United States grew from 3.5 million to 11 million people.  Since then, the size of the undocumented population has stopped growing for the first time in decades. Border apprehensions—a key indicator of border security— are at their lowest level since the 1970s.  This past summer, the President and the entire Administration responded to the influx of unaccompanied children with an aggressive, coordinated Federal response focused on heightened deterrence, enhanced enforcement, stronger foreign cooperation, and greater capacity for Federal agencies to ensure that our border remains secure.  As a result, the number of unaccompanied children attempting to cross the Southwest border has declined precipitously, and the Administration continues to focus its resources to prevent a similar situation from developing in the future.

To build on these efforts and to ensure that our limited enforcement resources are used effectively, the President has announced the following actions:

  • Shifting resources to the border and recent border crossers. Over the summer, DHS sent hundreds of Border Patrol agents and U.S. Immigration and Customs Enforcement (ICE) personnel to the Southwest border, and the Department of Justice (DOJ) reordered dockets in immigration courts to prioritize removal cases of recent border crossers.  This continued focus will help keep our borders safe and secure. In addition, Secretary Johnson is announcing a new Southern Border and Approaches Campaign Plan which will strengthen the efforts of the agencies who work to keep our border secure.  And by establishing clearer priorities for interior enforcement, DHS is increasing the likelihood that people attempting to cross the border illegally will be apprehended and sent back.
  • Streamlining the immigration court process. DOJ is announcing a package of immigration court reforms that will address the backlog of pending cases by working with DHS to more quickly adjudicate cases of individuals who meet new DHS-wide enforcement priorities and close cases of individuals who are low priorities. DOJ will also pursue regulations that adopt best practices for court systems to use limited court hearing time as efficiently as possible.
  • Protecting victims of crime and human trafficking as well as workers. The Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations.  An interagency working group will also explore ways to ensure that workers can avail themselves of their labor and employment rights without fear of retaliation.

DEPORTING FELONS, NOT FAMILIES

By setting priorities and focusing its enforcement resources, the Obama Administration has already increased the removal of criminals by more than 80%.  These actions build on that strong record by:

  • Focusing on the removal of national security, border security, and public safety threats.  To better focus on the priorities that matter, Secretary Johnson is issuing a new DHS-wide memorandum that makes clear that the government’s enforcement activity should be focused on national security threats, serious criminals, and recent border crossers.  DHS will direct all of its enforcement resources at pursuing these highest priorities for removal.
  • Implementing a new Priority Enforcement Program. Effectively identifying and removing criminals in state and local jails is a critical goal but it must be done in a way that sustains the community’s trust. To address concerns from Governors, Mayors, law enforcement and community leaders which have undermined cooperation with DHS, Secretary Johnson is replacing the existing Secure Communities program with a new Priority Enforcement Program (PEP) to remove those convicted of criminal offenses.  DHS will continue to rely on biometric data to verify individuals who are enforcement priorities, and they will also work with DOJ’s Bureau of Prisons to identify and remove federal criminals serving time as soon as possible.

ACCOUNTABILITY – CRIMINAL BACKGROUND CHECKS AND TAXES

Every Democratic and Republican president since Dwight Eisenhower has taken executive action on immigration.  Consistent with this long history, DHS will expand the existing Deferred Action for Childhood Arrivals (DACA) program to include more immigrants who came to the U.S. as children.  DHS will also create a new deferred action program for people who are parents of U.S. Citizens or Lawful Permanent Residents (LPRs) and have lived in the United States for five years or longer if they register, pass a background check and pay taxes.

The President is taking the following actions to hold accountable certain undocumented immigrants:

  • Creating a mechanism that requires certain undocumented immigrants to pass a background check to make sure that they start paying their fair share in taxes. In order to promote public safety, DHS is establishing a new deferred action program for parents of U.S. Citizens or LPRs who are not enforcement priorities and have been in the country for more than 5 years.  Individuals will have the opportunity to request temporary relief from deportation and work authorization for three years at a time if they come forward and register, submit biometric data, pass background checks, pay fees, and show that their child was born before the date of this announcement. By providing individuals with an opportunity to come out of the shadows and work legally, we will also help crack down on companies who hired undocumented workers, which undermines the wages of all workers, and ensure that individuals are playing by the rules and paying their fair share of taxes.
  • Expanding DACA to cover additional DREAMers. Under the initial DACA program, young people who had been in the U.S. for at least five years, came as children, and met specific education and public safety criteria were eligible for temporary relief from deportation so long as they were born after 1981 and entered the country before June 15, 2007.  DHS is expanding DACA so that individuals who were brought to this country as children can apply if they entered before January 1, 2010, regardless of how old they are today.  Going forward, DACA relief will also be granted for three years.

The President’s actions will also streamline legal immigration to boost our economy and promote naturalization by:

  • Providing portable work authorization for high-skilled workers awaiting LPR status and their spouses.  Under the current system, employees with approved LPR applications often wait many years for their visa to become available.  DHS will make regulatory changes to allow these workers to move or change jobs more easily.  DHS is finalizing new rules to give certain H-1B spouses employment authorization as long as the H-1B spouse has an approved LPR application.
  • Enhancing options for foreign entrepreneurs.  DHS will expand immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment, and generating revenue in the U.S., to ensure that our system encourages them to grow our economy.  The criteria will include income thresholds so that these individuals are not eligible for certain public benefits like welfare or tax credits under the Affordable Care Act.
  • Strengthening and extending on-the-job training for STEM graduates of U.S universities. In order to strengthen educational experiences of foreign students studying science, technology, engineering, and mathematics (STEM) at U.S. universities, DHS will propose changes to expand and extend the use of the existing Optional Practical Training (OPT) program and require stronger ties between OPT students and their colleges and universities following graduation.
  • Streamlining the process for foreign workers and their employers, while protecting American workers. DHS will clarify its guidance on temporary L-1 visas for foreign workers who transfer from a company’s foreign office to its U.S. office. DOL will take regulatory action to modernize the labor market test that is required of employers that sponsor foreign workers for immigrant visas while ensuring that American workers are protected.
  • Reducing family separation for those waiting to obtain LPR status. Due to barriers in our system, U.S. citizens and LPRs are often separated for years from their immediate relatives, while they wait to obtain their LPR status. To reduce the time these individuals are separated, DHS will expand an existing program that allows certain individuals to apply for a provisional waiver for certain violations before departing the United States to attend visa interviews.
  • Ensuring that individuals with lawful status can travel to their countries of origin. DHS will clarify its guidance to provide greater assurance to individuals with a pending LPR application or certain temporary status permission to travel abroad with advance permission (“parole”).
  • Issuing a Presidential Memorandum on visa modernization. There are many ways in which our legal immigration system can be modernized to reduce government costs, eliminate redundant systems, reduce burdens on employers and families, and eliminate fraud. The President is issuing a Memorandum directing an interagency group to recommend areas for improvement.
  • Creating a White House Task Force on New Americans. The President is creating a White House Task Force on New Americans to create a federal strategy on immigrant integration.
  • Promoting Citizenship Public Awareness: DHS will launch a comprehensive citizenship awareness media campaign in the 10 states that are home to 75 percent of the overall LPR population. USCIS will also expand options for paying naturalization fees and explore additional measures to expand accessibility, including studying potential partial fee waiver for qualified individuals.
  • Ensuring U.S. Citizens Can Serve: To further our military’s needs and support recruitment efforts, DHS will expand an existing policy to provide relief to spouses and children of U.S. citizens seeking to enlist in the military, consistent with a request made by the Department of Defense.

http://www.whitehouse.gov/the-press-office/2014/11/20/fact-sheet-immigration-accountability-executive-action

 

8 U.S. Code § 1227 – Deportable aliens

Current through Pub. L. 113-234. (See Public Laws for the current Congress.)

(a) Classes of deportable aliens

Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(1) Inadmissible at time of entry or of adjustment of status or violates status

(A) Inadmissible aliens

Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B) Present in violation of law

Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201 (i) of this title, is deportable.

(C) Violated nonimmigrant status or condition of entry

(i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.
(ii) Violators of conditions of entry Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182 (g) of this title is deportable.

(D) Termination of conditional permanent residence

(i) In general Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(ii) Exception Clause (i) shall not apply in the cases described in section 1186a (c)(4) of this title (relating to certain hardship waivers).

(E) Smuggling

(i) In general Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153 (a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(iii) Waiver authorized The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(F) Repealed. Pub. L. 104–208, div. C, title VI, § 671(d)(1)(C),Sept. 30, 1996, 110 Stat. 3009–723

(G) Marriage fraud

An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182 (a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if—
(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant.

(H) Waiver authorized for certain misrepresentations

The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182 (a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who—

(i)

(I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and
(II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182 (a) of this title which were a direct result of that fraud or misrepresentation.
(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.

(2) Criminal offenses

(A) General crimes

(i) Crimes of moral turpitude Any alien who—

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,

 is deportable.

(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High speed flight Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.
(v) Failure to register as a sex offender Any alien who is convicted under section 2250 of title 18 is deportable.
(vi) Waiver authorized Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

(B) Controlled substances

(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

(C) Certain firearm offenses

Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921 (a) of title 18) in violation of any law is deportable.

(D) Miscellaneous crimes

Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—
(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military Selective Service Act (50 App. U.S.C. 451 et seq.) or the Trading With the Enemy Act (50 App. U.S.C. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title,
is deportable.

(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and

(i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(F) Trafficking

Any alien described in section 1182 (a)(2)(H) of this title is deportable.

(3) Failure to register and falsification of documents

(A) Change of address

An alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(B) Failure to register or falsification of documents

Any alien who at any time has been convicted—
(i) under section 1306 (c) of this title or under section 36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents),
is deportable.

(C) Document fraud

(i) In general An alien who is the subject of a final order for violation of section 1324c of this title is deportable.
(ii) Waiver authorized The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.

(D) Falsely claiming citizenship

(i) In general Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.
(ii) Exception In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

(4) Security and related grounds

(A) In general

Any alien who has engaged, is engaged, or at any time after admission engages in—
(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is deportable.

(B) Terrorist activities

Any alien who is described in subparagraph (B) or (F) of section 1182 (a)(3) of this title is deportable.

(C) Foreign policy

(i) In general An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions The exceptions described in clauses (ii) and (iii) of section 1182 (a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section1182 (a)(3)(C)(i) of this title.

(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing

Any alien described in clause (i), (ii), or (iii) of section 1182 (a)(3)(E) of this title is deportable.

(E) Participated in the commission of severe violations of religious freedom

Any alien described in section 1182 (a)(2)(G) of this title is deportable.

(F) Recruitment or use of child soldiers

Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18is deportable.

(5) Public charge

Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.

(6) Unlawful voters

(A) In general

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.

(B) Exception

In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.

(7) Waiver for victims of domestic violence

(A) In general

The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship—

(i)   [1] upon a determination that—

(I) the alien was acting is  [2] self-defense;
(II) the alien was found to have violated a protection order intended to protect the alien; or

(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime—

(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty.

(B) Credible evidence considered

In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.

(b) Deportation of certain nonimmigrants

An alien, admitted as a nonimmigrant under the provisions of either section 1101 (a)(15)(A)(i) or 1101 (a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a) of this section.

(c) Waiver of grounds for deportation

Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182 (a) of this title) shall not apply to a special immigrant described in section 1101 (a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.

(d) Administrative stay

(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101 (a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231 (c)(2) of this title until—

(A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or
(B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals.
(2) The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States.
(3) During any period in which the administrative stay of removal is in effect, the alien shall not be removed.
(4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.

Loretta Lynch

For other uses, see Loretta Lynch (disambiguation).
Loretta Lynch
Loretta Lynch.jpg
United States Attorney for the
Eastern District of New York
Incumbent
Assumed office
May 8, 2010
Appointed by Barack Obama
Preceded by Benton Campbell
In office
June 1999 – May 2001
Appointed by Bill Clinton
Preceded by Zachary Carter
Succeeded by Roslynn Mauskopf
Personal details
Born Loretta Elizabeth Lynch
May 21, 1959 (age 55)
Greensboro, North Carolina,U.S.
Political party Democratic
Spouse(s) Stephen Hargrove
Alma mater Harvard University (A.B., J.D.)

Loretta Elizabeth Lynch[1] (born May 21, 1959) is the current United States Attorney for the Eastern District of New York. Her current tenure as U.S. Attorney began in 2010, and she previously held the position from 1999−2001. As U.S. Attorney for the Eastern District of New York, Lynch oversees federal prosecutions in Brooklyn, Queens, Staten Island and Long Island. On November 8, 2014, President Barack Obama nominated her to succeed Eric Holder as Attorney General of the United States.[2]

Early life and education

Lynch was born in Greensboro, North Carolina on May 21, 1959. Her mother was a school librarian and her father was a Baptist minister.[3][4] As a child, she spent hours with her father, watching court proceedings in the courthouse of Durham, North Carolina. Her early fascination with court proceedings was compounded by stories of her grandfather, also a pastor, who in the 1930s helped people move to the north to escape persecution under the Jim Crow laws of the time.[5] Lynch earned a Bachelor of Arts in English and American literature from Harvard College in 1981 and a Juris Doctor from Harvard Law School in 1984.[6][7]

Career

Lynch’s first legal job was as a litigation associate for Cahill Gordon & Reindel.[8] She joined the Eastern District as a drug and violent-crime prosecutor in the U.S. Attorney’s office in 1990. From 1994 to 1998, she served as the chief of the Long Island office and worked on several political corruption cases involving the government of Brookhaven, New York. From 1998 to 1999, she was the chief assistant U.S. Attorney in the Eastern District and headed the Brooklyn office. In 1999, she was nominated by President Bill Clinton to serve as the U.S. Attorney for the Eastern District of New York.[9] During her term as U.S. Attorney, Lynch oversaw prosecution of New York City police officers in the Abner Louima case.

In 2001, Lynch left the U.S. Attorney’s office to become a partner at Hogan & Hartson (later Hogan Lovells). She remained there until January 20, 2010, when President Barack Obama nominated Lynch to again serve as United States Attorney for the Eastern District of New York.[7][10] From 2003 to 2005, she was a member of the board of the Federal Reserve Bank of New York.[11]

Following the July 2014 death of Eric Garner, an unarmed man who died of a heart attack after resisting arrest and being held in a department-prohibited chokehold by a New York City police officer, Lynch agreed to meet with Garner’s family to discuss possible federal prosecution of the officer believed to be responsible in his death.[12][13]

Lynch’s office indicted Republican congressman Michael Grimm; prosecuted Democratic politicians Pedro Espada Jr. and William Boyland, Jr.; investigated Citigroup over mortgage securities sold by the bank, resulting in a US$7 billion settlement; and was involved in the US$1.2 billion settlement with HSBC over violations of the Bank Secrecy Act.[14][15][16]

On November 8, 2014, President Barack Obama nominated Lynch for the position of U.S. Attorney General, succeeding Eric Holder, who had previously announced his resignation pending confirmation of his replacement. If confirmed by the U.S. Senate, she would be the first African-American woman; the second African-American, after Holder; and the second woman, after Janet Reno; to hold this office.[17][18]

Personal

Lynch and her husband, Stephen Hargrove, married in 2007. In her personal life she uses her married name, Loretta Lynch Hargrove. Her husband has two children from a previous marriage.[19][20]

http://en.wikipedia.org/wiki/Loretta_Lynch

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Breaking News: Grand Jury Does Not Indict New York Police Department (NYPD) Officer in Death of Eric Garner Using A Chokehold — “I can’t breathe.” Videos

Posted on December 3, 2014. Filed under: American History, Blogroll, Business, College, Communications, Corruption, Crime, Crisis, Culture, Documentary, Drug Cartels, Education, Employment, Faith, Family, Federal Government, Fraud, Freedom, Friends, government, government spending, history, Homicide, Investments, Language, Law, liberty, Life, Links, Literacy, media, People, Philosophy, Photos, Politics, Press, Programming, Psychology, Radio, Radio, Rants, Raves, Regulations, Resources, Security, Strategy, Talk Radio, Taxes, Technology, Television, Unemployment, Unions, Video, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Pronk Pops Show 361: October 31, 2014

Pronk Pops Show 360: October 30, 2014

Pronk Pops Show 359: October 29, 2014

Pronk Pops Show 358: October 28, 2014

Pronk Pops Show 357: October 27, 2014

Pronk Pops Show 356: October 24, 2014

Pronk Pops Show 355: October 23, 2014

Pronk Pops Show 354: October 22, 2014

Pronk Pops Show 353: October 21, 2014

Pronk Pops Show 352: October 20, 2014

Pronk Pops Show 351: October 17, 2014

Pronk Pops Show 350: October 16, 2014

Pronk Pops Show 349: October 15, 2014

Pronk Pops Show 348: October 14, 2014

Pronk Pops Show 347: October 13, 2014

Pronk Pops Show 346: October 9, 2014

Pronk Pops Show 345: October 8, 2014

Pronk Pops Show 344: October 6, 2014

Pronk Pops Show 343: October 3, 2014

Pronk Pops Show 342: October 2, 2014

Pronk Pops Show 341: October 1, 2014

Pronk Pops Show 340: September 30, 2014

Pronk Pops Show 339: September 29, 2014

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Pronk Pops Show 337: September 25, 2014

Pronk Pops Show 336: September 24, 2014

Pronk Pops Show 335: September 23 2014

Pronk Pops Show 334: September 22 2014

Pronk Pops Show 333: September 19 2014

Pronk Pops Show 332: September 18 2014

Pronk Pops Show 331: September 17, 2014

Pronk Pops Show 330: September 16, 2014

Pronk Pops Show 329: September 15, 2014

Pronk Pops Show 328: September 12, 2014

Pronk Pops Show 327: September 11, 2014

Pronk Pops Show 326: September 10, 2014

Pronk Pops Show 325: September 9, 2014

Pronk Pops Show 324: September 8, 2014

Pronk Pops Show 323: September 5, 2014

Pronk Pops Show 322: September 4, 2014

Pronk Pops Show 321: September 3, 2014

Story 2: Breaking News: Grand Jury Does Not Indict New York Police Department (NYPD) Officer in Death of Eric Garner Using A Chokehold — “I can’t breathe.” — Videos

choke24n-1-webEric-Garner-Death-Homicideany_choke_nypd_two_cops_garnereric-garner-nypd-chokeholderic_garnerlntd8rPcpkeric ganrer deaderic_garner casketAP_Eric_Garner_funeral_bc_funeral-held-for-eric-garner-staten-island-man-that-died-aft-1082514-centric-eric-garnercongress.doj_.eric_.garner_occupycorporatismEric Garner - Police Choking141203-eric-garner-grand-centraleric_garner_protest_die_ineric-garner-protest

President Obama makes statement on Eric Garner grand jury decision

U.S. Justice Department launching civil rights investigation in Eric Garner case

How will NYPD respond to the Eric Garner grand jury verdict?

Eric Garner Protesters Stage “Die-In” at Grand Central Station

CNN Panel Devolves into Shoutfest over Eric Garner Chokehold Non-Indictment

Rev. Sharpton Joins Family Of Eric Garner To Discuss Grand Jury Decision

Eric Garner protesters flood New York after grand jury clears NYPD officer in chokehold death case

BREAKING: Grand Jury Does Not Indict NYPD Officer for Eric Garner Chokehold Death

MSNBC Host Ari Melber Surprises Himself by Agreeing with Bill O’Reilly

(FULL) Black Man KILLED After NYPD Cop Puts Him In CHOKEHOLD For Breaking Up a FIGHT

Grand Jury NO indictment For Officer in Chokehold – Death of Eric Garner No Indictment For NYPD Cop

Medical Examiner: Police Chokehold Killed Eric Garner, Death Ruled A Homicide

 

NYPD Cop Accused Of Using Choke Hold On Eric Garner Who Died While Being Arrested

NYPD Publicly Executes Eric Garner For Illegal Cigarettes

Eric Garner Dies After Police Put Him In Choke Hold | RAW VIDEO

Press conference – NYPD Commissioner Bratton & Mayor de Blasio on Eric Garner murder 7/18/14

NYC Mayor Bill de Blasio and NYPD Commissioner Bill Bratton hold a press conference on July 18th, 2014 regarding the murder of Eric Garner, a Staten Island resident, by police officers. Garner, 43, a married father with six children and two grandchildren was put in handcuffs, head slammed against the ground, and placed in a chokehold while shouting, “I can’t breathe! I can’t breathe!”

Cop cleared in chokehold death of Eric Garner

A Staten Island grand jury cleared an NYPD cop in the chokehold death of Eric Garner during his caught-on-video arrest for peddling loose cigarettes, the Staten Island district attorney confirmed Wednesday.

The panel voted a “no-bill” and dismissed all potential charges against Officer Daniel Pantaleo.

The blockbuster decision capped weeks of investigation by the special grand jury, which was empaneled in September specifically to review evidence in Garner’s racially charged death.

In a statement released by his union, Pantaleo said: “I became a police officer to help people and to protect those who can’t protect themselves.”

“It is never my intention to harm anyone and I feel very bad about the death of Mr. Garner,” he added.

“My family and I include him and his family in our prayers and I hope that they will accept my personal condolences for their loss.”

Police Benevolent Association President Pat Lynch said it was clear that Pantaleo had tried “to do nothing more than take Mr. Garner into custody as instructed and that he used the take-down technique that he learned in the academy when Mr. Garner refused.”

“While we are pleased with the grand jury’s decision, there are no winners here today,” Lynch said.

“There was a loss of life that both a family and a police officer will always have to live with. … No police officer starts a shift intending to take another human being’s life and we are all saddened by this tragedy.”

Mayor Bill de Blasio canceled his events for the day — including attending the Rockefeller Center Christmas tree lighting — and headed to Staten Island to meet with elected officials, clergy members and activists.

In a statement, the mayor called Garner’s death “a terrible tragedy that no family should have to endure” and which “put a spotlight on police-community relations and civil rights — some of most critical issues our nation faces today.”

De Blasio also said the grand jury’s decision was “one that many in our city did not want,” but cautioned against “violence and disorder” in its wake.

“New York City owns a proud and powerful tradition of expressing ourselves through non-violent protest. We trust that those unhappy with today’s grand jury decision will make their views known in the same peaceful, constructive way,” he said.

City Council Speaker Melissa Mark-Viverito called the ruling “a terribly disappointing outcome” that ran counter to “the events that led to Eric Garner’s death.”

“What makes this even more infuriating is the frequent lack of accountability, which is why I urge the US Department of Justice to launch its own investigation,” she added.

A lawyer for Garner’s family, Jonathan Moore, told the Associated Press he was “astonished by the decision.”

At the scene of Garner’s death, outside a beauty supply shop on Bay Street, his stepfather railed at the ruling as he paced back and forth.

“It ain’t worth a damn, there are two sets of laws. It’s just a license to kill a black man. Who can control the Police Department? They can shoot me the f- -k down and nobody can say anything,” Benjamin Carr said.

“Imagine if it was your kid? It’s just like getting a knife and stabbing my heart. You might as well choke me.”

As he spoke, a man hurled a garbage can at a nearby TV news truck, prompting Carr to call for peace.

“I don’t want it, and Eric wouldn’t want it,” Carr said.

Carr was later seen entering the building that houses the Staten Island District Attorney’s Office.

In a lengthy statement, DA Dan Donovan said New York law barred him from disclosing any details of what took place during the grand jury’s closed-door proceedings, but said all 23 members had attended every session that took place between Sept. 29 and Wednesday.

Donovan also said he had applied for court permission to “publicly release specific information in connection with this grand jury investigation.”

It was unclear exactly what charges prosecutors asked the grand jury to consider filing, or how the vote went.

Under New York law, an indictment must be agreed upon by at least 12 members of a grand jury, which can have up to 23 members.

Cellphone video of Garner’s July 17 arrest shows Pantaleo wrestling him to the sidewalk on Bay Street, with the white cop’s arms wrapped around the neck of the black suspect.

On the ground, Garner was heard repeatedly yelling “I can’t breathe!” as Pantaleo and other cops held him down and handcuffed him.
Police union leaders denied that Pantaleo used a chokehold — which is banned by the NYPD — and blasted the autopsy as part of a “political” witch hunt.The Medical Examiner’s Office ruled Garner’s death a homicide caused by “compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police.”

Garner’s family has filed notice it plans to sue the city for $75 million on grounds including wrongful death, pre-death pain and suffering, and civil rights violations.

The family and adviser Rev. Al Sharpton have also repeatedly called on the feds to investigate his death.

In July, US Attorney General Eric Holder said the Justice Department was monitoring the case, and a group including Garner’s mom, widow and Sharpton met in August with Brooklyn US Attorney Loretta Lynch.

She has since been nominated by President Obama to replace Holder.

http://nypost.com/2014/12/03/cop-cleared-in-eric-garner-chokehold-death/

 

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 376-381

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Listen To Pronk Pops Podcast or Download Show 319-327

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Listen To Pronk Pops Podcast or Download Show 287-295

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The Great Divider Obama Promotes Class Warfare and Racism: Black Criminal Class Attacks Black Middle Class and Police — Which Sides Are You On Boys? — This Land Is Your Land — Videos

Posted on December 3, 2014. Filed under: American History, Blogroll, Communications, Crime, Crisis, Documentary, Drug Cartels, Economics, Education, Employment, Faith, Family, Federal Government, Fiscal Policy, Fraud, Freedom, Friends, Genocide, government, government spending, history, Homicide, Illegal, Immigration, Law, liberty, Life, Links, media, Music, People, Philosophy, Photos, Politics, Psychology, Radio, Raves, Talk Radio, Technology, Unemployment, Video, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Pronk Pops Show 361: October 31, 2014

Pronk Pops Show 360: October 30, 2014

Pronk Pops Show 359: October 29, 2014

Pronk Pops Show 358: October 28, 2014

Pronk Pops Show 357: October 27, 2014

Pronk Pops Show 356: October 24, 2014

Pronk Pops Show 355: October 23, 2014

Pronk Pops Show 354: October 22, 2014

Pronk Pops Show 353: October 21, 2014

Pronk Pops Show 352: October 20, 2014

Pronk Pops Show 351: October 17, 2014

Pronk Pops Show 350: October 16, 2014

Pronk Pops Show 349: October 15, 2014

Pronk Pops Show 348: October 14, 2014

Pronk Pops Show 347: October 13, 2014

Pronk Pops Show 346: October 9, 2014

Pronk Pops Show 345: October 8, 2014

Pronk Pops Show 344: October 6, 2014

Pronk Pops Show 343: October 3, 2014

Pronk Pops Show 342: October 2, 2014

Pronk Pops Show 341: October 1, 2014

Pronk Pops Show 340: September 30, 2014

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Pronk Pops Show 338: September 26, 2014

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Pronk Pops Show 335: September 23 2014

Pronk Pops Show 334: September 22 2014

Pronk Pops Show 333: September 19 2014

Pronk Pops Show 332: September 18 2014

Pronk Pops Show 331: September 17, 2014

Pronk Pops Show 330: September 16, 2014

Pronk Pops Show 329: September 15, 2014

Pronk Pops Show 328: September 12, 2014

Pronk Pops Show 327: September 11, 2014

Pronk Pops Show 326: September 10, 2014

Pronk Pops Show 325: September 9, 2014

Pronk Pops Show 324: September 8, 2014

Pronk Pops Show 323: September 5, 2014

Pronk Pops Show 322: September 4, 2014

Pronk Pops Show 321: September 3, 2014

Story 1: The Great Divider Obama Promotes Class Warfare and Racism: Black Criminal Class Attacks Black Middle Class and Police — Which Sides Are You On Boys? — This Land Is Your Land — Videos

pete seeger which side are you on

Woody Guthrie-This Land Is Your Land

Obama Requests Millions for Police Body Cameras

Black Man Goes on EPIC Rant Against Ferguson Rioters

BILL WHITTLE: FERGUSON AND THE REAL RACE WAR

Afterburner w/Bill Whittle — Showtime: Evil or Stupid?

FERGUSON RIOTS – Elite Using Ferguson to Bring a RACE WAR to United States?

PJTV: State of the Union: Obama Embraces Class Warfare

Don’t Let The Race War Begin

Cornel West: ‘Ferguson Signifies the End of the Age of Obama’

Cornel West: Sharpton Sold Soul for Obama

Cornel West: Obama A ‘Republican In Blackface,’ Black MSNBC Hosts Are ‘Selling Their Souls’

Racial Profiling and Police Body Cameras

Ferguson Looters/Rioters confront Alex Jones reporters Joe Biggs and Jakari Jackson

Masked Thug Threatens Infowars Reporters

Reporters Discover Ferguson Psy Op

Ferguson Is A Beta Test For Coming Civil War

Epic Riot Footage From Inside The Battle of Ferguson

[FULL] Ferguson Protest Riots | Ferguson Protest 2014 | Ferguson Looting Riots | VIDEO

Charles Barkley Defends Darren Wilson: Without Cops, Ferguson Would Be ‘Wild, Wild West’

Beckel Trashes Charles Barkley: Hasn’t Seen a Poor Neighborhood in 20 Years!

(EXCLUSIVE) FERGUSON BURNING – Protesters Looting Shops, Burning Police Cars, Little Caesars & More

Ferguson Riots, Protesters Looting Shops, Burning Police Cars, (VIDEO)

The Root of this is Racism: Ferguson Activist Speaks Out on Police Abuses After Meeting Obama

Obama Ordered Standdown Created Ferguson Race Riots

Ferguson Could Ignite Race War

Pete Seeger – Talks about his banjo tutorial and sings ‘Which side are you on’

This Land Is Your Land: Woody and Arlo Guthrie

The final montage of the film “Woody Guthrie: Hard Travelin'”, produced by J. Brown. Audio mixed and overdubbed at Long View Farm in 1984 by Jesse Henderson and John Pilla, now deceased. Video edit and audio restoration by Gil Markle. High-res playback available on studiowner.com.

Included in the video are the images and voices of Woody and Arlo Guthrie, Holly Near, Pete Seeger, Ronnie Gilbert, Judy Collins, Joan Baez, Hoyt Axton, and others.

Woody Guthrie-This Land Is Your Land

JUDY COLLINS, PETE SEEGER – “This Land Is Your Land” with ARLO GUTHRIE & FRED HELLERMAN 1976

Arlo Guthrie & Pete Seeger – This Land Is Your Land

 

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 376-381

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

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Obama Asserts Executive Privilege Claim Over Holder’s Wife Emails Pertaining To Fast and Furious — Cover up Of Crimes — Article 1 of Impeachment Bill — What are They Hiding? — Aiding and Abetting Homicides –Videos

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Story 1: Obama Asserts Executive Privilege Claim Over Holder’s Wife Emails Pertaining To Fast and Furious — Cover up Of Crimes — Article 1 of Impeachment Bill — What are They Hiding? — Aiding and Abetting Homicides –Videos

Fast-and-furious-holder-obamafast-furious-eric-holder

eric-holder-fast-and-furious-gunwalking-documents-political-cartooncartoon_eric_holder_fast_n_furious_n_gun_confiscationJune 21, 2011 John de Rosier editorial cartoonEric Holder guns what guns Obama Fall Guyexecutive privillege gunexecutive_privilege_holder_fulleric holdersobama_holdersfast and furious

President Obama Evokes Executive Privilege for Eric Holder – 2007 v. 2012

Obama announces Eric Holder’s resignation

Is Obama involved in Fast and Furious, obstructing a congressional investigation or both?

Congress Votes to Hold Eric Holder in Contempt Perjury Lied to House Congress Vote Passes

Jon Stewart Slams Obama Executive Privilege, Fast & Furious, and Eric Holder

Remember Brian Terry, the murdered Border Patrol Agent

Judge Napolitano: Executive Privilege Only Applies If Obama Involved

Mark Levin Explains How GOP Should Handle Holder Contempt Charge & Executive Privilege Claim

Issa on Fast and Furious, Holder Contempt, Obama Executive Privilege on Fox News Sunday

Obama Perpetuates The ’90 Percent Of Mexico’s Weapons Come From The U.S.’ Lie — In Mexico!

Eric Holder – We Must “Brainwash” People Against Guns! – (1995)

Holder on 2nd Amendment

Eric Holder Attacking The Second Amendment To Help Mexico?

“Operation Fast & Furious: The Other Side of the Border” Part 1

“Operation Fast & Furious: The Other Side of the Border” Part 2

“Operation Fast & Furious: The Other Side of the Border” Part 3

Fast and Furious: Management Failures at the Department of Justice – Part 1

Eric Holder Choking on his Testimony

Michael Savage offers concise summary of “Fast and Furious”, describes his own love of guns

Congress: Eric Holder Should Be In Jail!

 

Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife

OCTOBER 23, 2014

Judicial Watch announced today that it received from the Obama Department of Justice (DOJ) a “Vaughn index” detailing records about the Operation Fast and Furious scandal. The index was forced out of the Obama administration thanks to JW’s June 2012 Freedom of Information Act (FOIA) request and subsequent September 2012 FOIA lawsuit (Judicial Watch v. Department of Justice (No. 1:12-cv-01510)). A federal court had ordered the production over the objections of the Obama Justice Department.

The document details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal. Notably, the document discloses that emails between Attorney General Holder and his wife Sharon Malone – as well as his mother – are being withheld under an extraordinary claim of executive privilege as well as a dubious claim of deliberative process privilege under the Freedom of Information Act. The “First Lady of the Justice Department” is a physician and not a government employee.

This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal. The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are “subject to the assertion of executive privilege.”

The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. The Vaughn index arguably fails to provide all of this required information but does provide plenty of interesting information for a public kept in the dark for years about the Fast and Furious scandal.

Based on a preliminary review of the massive document, Judicial Watch can disclose that the Vaughn index reveals:

Numerous emails that detail Attorney General Holder’s direct involvement in crafting talking points, the timing of public disclosures, and handling Congressional inquiries in the Fast and Furious matter.
President Obama has asserted executive privilege over nearly 20 email communications between Holder and his spouse Sharon Malone. The administration also claims that the records are also subject to withholding under the “deliberative process” exemption. This exemption ordinarily exempts from public disclosure records that could chill internal government deliberations.
Numerous entries detail DOJ’s communications (including those of Eric Holder) concerning the White House about Fast and Furious.
The scandal required the attention of virtually every top official of the DOJ and the Bureau of Alcohol, Tobacco and Firearms (ATF). Communications to and from the United States Ambassador to Mexico about the Fast and Furious matter are also described.
Many of the records are already publicly available such as letters from Congress, press clips, and typical agency communications. Ordinarily, these records would, in whole or part, be subject to disclosure under the Freedom of Information Act. Few of the records seem to even implicate presidential decision-making and advice that might be subject to President Obama’s broad and unprecedented executive privilege claim.
Judicial Watch President Tom Fitton criticized President Obama and his disgraced Attorney General in a statement today:

This document provides key information about the cover-up of Fast and Furious by Attorney General Eric Holder and other high-level officials of the Obama administration. Obama’s executive privilege claims over these records are a fraud and an abuse of his office. There is no precedent for President Obama’s Nixonian assertion of executive privilege over these ordinary government agency records. Americans will be astonished that Obama asserted executive privilege over Eric Holder’s emails to his wife about Fast and Furious.

Once again, Judicial Watch has proven itself more effective than Congress and the establishment media in providing basic oversight of this out-of-control Administration. This Fast and Furious document provides dozens of leads for further congressional, media, and even criminal investigations.

On June 28, 2012, Attorney General Eric Holder was held in contempt by the House of Representatives over his refusal to turn over records explaining why the Obama administration may have lied to Congress and refused for months to disclose the truth about the gun running operation. It marked the first time in U.S. history that a sitting Attorney General was held in contempt of Congress.

A week before the contempt finding, to protect Holder from criminal prosecution and stave off the contempt vote, President Obama asserted executive privilege over the Fast and Furious records the House Oversight Committee had subpoenaed eight months earlier. Judicial Watch filed its FOIA request two days later. Holder’s Justice Department wouldn’t budge (or follow the law), so JW filed a FOIA lawsuit on September 12, 2012.

But then the Justice Department convinced U.S. District Court Judge John D. Bates to stay our lawsuit, in part to allow ongoing settlement discussions between the Holder’s government lawyers and the House Committee to continue. Unsurprisingly, the “negotiations” between politicians running the House and the Justice Department went nowhere.

Fed up with the interminable delay caused Holder’s gamesmanship and stonewalling, JW renewed its request to the Court to allow our transparency lawsuit to continue. Thankfully, this past July, Judge John D. Bates ended the 16-month delay and ordered the Obama administration to produce a Vaughn index of the alleged “executive privilege” records by October 1. Judge Bates noted that no court has ever “expressly recognized” President Obama’s unprecedented executive privilege claims in the Fast and Furious matter.

Unhappy with having to produce the records prior to the elections, Justice lawyers asked the judge to give them one extra month, until November 3 (the day before Election Day!) to produce the info. Judge Bates rejected this gambit, suggested that the Holder’s agency did not take court order seriously. Rather than a month, Judge Bates gave Justice until yesterday to cough up the Vaughn index. Judge Bates issued his smack down on September 23.

Attorney General Eric Holder announced his resignation two days later.

Many share our opinion it was “no coincidence” that Holder’s resignation came “on the heels of another court ruling that the Justice Department must finally cough up information about how Holder’s Justice Department lied to Congress and the American people about the Operation Fast and Furious scandal, for which Eric Holder was held in contempt by the House of Representatives.”

The House had been separately litigating to obtain the records but had gotten nowhere until after Judge Bates ruled that the DOJ finally had to disclose information to Judicial Watch.

On September 9, U.S. District Court Judge Amy Berman Jackson, citing Judicial Watch’s success, ordered the Justice Department to produce information to Congress by November 3.

Fast and Furious was a DOJ/Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) “gun running” operation in which the Obama administration reportedly allowed guns to go to Mexican drug cartels hoping they would end up at crime scenes, advancing gun-control policies. Fast and Furious weapons have been implicated in the murder of Border Patrol Agent Brian Terry and hundreds of other innocents in Mexico. Guns from the Fast and Furious scandal are expected to be used in criminal activity on both sides of the U.S.-Mexico border for years to come.

Guns from the Fast and Furious scandal continue to be used in crimes. Just last week, Judicial Watch disclosed that a Fast and Furious gun was used in gang -style assault on a Phoenix apartment building that left two people wounded. We figured this out from information we uncovered through another public records lawsuit against the City of Phoenix.

Congress officially confirmed the AK-47 was used in the assault that terrorized residents in Phoenix. In an October 16 letter sent from Sen. Charles Grassley (R-IA) and Rep. Darryl Issa (R-CA) to Deputy Attorney General James Cole discloses that “we have learned of another crime gun connected to Fast and Furious. The [Justice] Department did not provide any notice to the Congress or the public about this gun….This lack of transparency about the consequences of Fast and Furious undermines public confidence in law enforcement and gives the impression that the Department is seeking to suppress information and limit its exposure to public scrutiny.”

We have many other active lawsuits over the Fast and Furious scandal:

On October 11, 2011, Judicial Watch sued the DOJ and the ATF to obtain all Fast and Furious records submitted to the House Committee on Oversight.

On June 6, 2012, Judicial Watch sued the ATF seeking access to records detailing communications between ATF officials and Kevin O’Reilly, former Obama White House Director of North American Affairs at the U.S. National Security Council.

On September 5, 2013, Judicial Watch sued the DOJ seeking access to all records of communications between DOJ and the Oversight Committee relating to settlement discussions in the Committee’s 2012 contempt of Congress lawsuit against Holder. The contempt citation stemmed from Holder’s refusal to turn over documents to Congress related to the Fast and Furious gunrunning scandal.

On May 28, 2014, Judicial Watch sued the DOJ on behalf of ATF Special Agent John Dodson, who blew the whistle on Operation Fast and Furious and was then subjected to an alleged smear campaign designed to destroy his reputation.

 

Obama used executive privilege to shield Holder emails

BY SUSAN FERRECHIO

President Obama used executive privilege to withhold the contents of more than 20 emails sent between Attorney General Eric Holder, his wife and his mother that a conservative watchdog group sought in connection with the federal government’s botched “Fast and Furious” gun-running operation.

The document, according to the conservative watchdog group Judicial Watch, “details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal.”

Judicial Watch said the White House is withholding the contents of the Holder emails between his wife and mother citing not only the executive privilege, but the “deliberative process” exemption, which is normally used to exclude from public disclosure any information “that could chill internal government deliberations.”

Holder’s wife, Sharon Malone, is a Washington, D.C., gynecologist.

The Republican-led House has been dueling with Holder for years in an effort to get documents and emails related to Fast and Furious.

In 2012, the House voted to find Holder in contempt of Congress for refusing to turn over documents related to the operation and has sued to obtain them. Democrats have accused the GOP of a politically motivated witch hunt against Holder, who recently announced plans to step down.

The Fast and Furious program ran from 2006 to 2011 out of an Arizona division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. It involved U.S. agents selling guns to Mexican drug traffickers in an effort to trace the weapons to the drug cartels. But agents lost track of the weapons and some of them were used to kill people, including U.S. Border Patrol agent Brian Terry.

“Obama’s executive privilege claims over these records are a fraud and an abuse of his office,” Judicial Watch President Tom Fitton said in a statement. “There is no precedent for President Obama’s Nixonian assertion of executive privilege over these ordinary government agency records. Americans will be astonished that Obama asserted executive privilege over Eric Holder’s emails to his wife about Fast and Furious.”

“This list of documents was provided in order to fulfill a procedural step in this case,” Justice Department spokesman Brian Fallon told theExaminer. “We will make a further submission, related to these same materials, on Nov. 3 in connection to the case brought by the House Oversight Committee.”

Editor’s note: Judicial Watch is representing the Washington Examiner in the newspaper’s federal lawsuit seeking access to Consumer Financial Protection Bureau records under FOIA.

http://www.washingtonexaminer.com/obama-used-executive-privilege-to-shield-holder-emails/article/2555188

 

Operation Fast and Furious Fast Facts

Here’s some background information about Operation Fast and Furious. From 2009 – 2011, under Operation Fast and Furious, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Phoenix Field Division, along with other partners, allowed illegal gun sales believed to be destined for Mexican drug cartels in order to track the sellers and purchasers.

Facts:
An estimated 1,400 weapons were lost by the ATF in Mexico. Two of the missing weapons linked to the operation turned up at the Arizona murder scene of United States Border Patrol agent Brian Terry.

Whistle-blowing leads to a Congressional investigation by the Senate Judiciary Committee and the House Oversight and Government Reform Committee, and Attorney General Eric Holder is cited for contempt.

Operation Fast and Furious was one of the operations under Project Gunrunner, part of the Department of Justice’s broader Southwest Border Initiative, an “inter-agency effort to combat Mexico-based trafficking groups.” (DOJ)

“Straw purchasers (also called straw buyers) buy firearms on behalf of others without disclosing that fact on the forms required by the Bureau of Alcohol, Tobacco and Firearms.” (DOJ)

The operation lasted approximately 15 months, resulting in grand jury indictments of 34 suspects in drug and firearms trafficking organizations.

Operation Fast and Furious was not the first “gun walking” investigation by ATF; it was preceded by Operation Wide Receiver, which began in 2006.

Timeline:
April 2006 – Official launch of Project Gunrunner.

October 2009 – Operation Fast and Furious begins, based on a review of Project Gunrunner by the ATF Organized Crime Drug Enforcement Task Force (OCDETF).

January 2010 – Bureau of Alcohol, Tobacco, Firearms agents tell the staff of Senator Charles Grassley (R-Iowa), member of the Senate Judiciary Committee, that the ATF allowed straw buyer Jaime Avila to make repeated purchases of guns after his name had been entered into a “suspect person database” on January 13, 2009.

December 14, 2011 – Border patrol agent Brian Terry is killed in the Arizona desert, and two weapons the ATF allowed to be purchased earlier in 2010 by purported “straw buyer” Jaime Avila are found near the shooting scene. It is unknown whether any of the guns were used as the murder weapon.

January 25, 2011 – The Department of Justice announces the end of Operation Fast and Furious, with the indictments of 34 drug and firearm trafficking suspects.

March 3, 2011 – ATF Acting Director Kenneth Melson announces the formation of a panel to “review the bureau’s current firearms trafficking strategies employed by field division managers and special agents.”

April 1, 2011 – Acting Director Melson is issued a subpoena from the House Oversight and Government Reform Committee.

May 3, 2011 – Attorney General Eric Holder testifies for the first time before the House Judiciary Committee that he had first heard of Operation Fast and Furious only over the past few weeks.

June 2011 – Whistleblowers testify before the House Oversight committee. ATF agent John Dodson tells lawmakers, “I cannot begin to think how the risk of letting guns fall into the hands of known criminals could possibly advance any legitimate law enforcement interest.”

July 26, 2011 – The House Oversight and Government Reform Committee holds a second hearing.

August 30, 2011 – Melson is reassigned to the Justice Department, and is replaced by B. Todd Jones.

October 12, 2011 – Congressional investigators issue a subpoena for communications from Attorney General Holder relating to the federal gunrunning operation.

October 2011 – Investigators uncover memos indicating Attorney General Holder had known about Operation Fast and Furious for close to a year, not a few weeks as he had stated in May 2011.

November 7, 2011 – A federal grand jury in the District of Arizona hands up an 11-count indictment. It alleges that on December 14, 2010, five of the defendants (Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes and Lionel Portillo-Meza) were involved in a firefight with Border Patrol agents during which Terry was fatally shot. The men are charged with first-degree murder, second-degree murder, conspiracy to interfere with commerce by robbery, attempted interference with commerce by robbery, carrying and using a firearm during a crime of violence, assault on a federal officer and possession of a firearm by a prohibited person. The indictment is unsealed on July 9th, 2012.

November 8, 2011 – Attorney General Holder testifies before the Senate Judiciary Committee that, “this operation was flawed in concept, as well as in execution.”

February 1, 2012 – The family of ATF agent Brian Terry files a $25 million wrongful death claim against the United States.

February 2, 2012 – Attorney General Holder testifies before the House Oversight and Government Reform Committee that firings and charges against Justice Department officials who oversaw Fast and Furious are likely to come in the next six months. He also denies any cover-up.

June 12, 2012 – Attorney General Holder testifies before the U.S. Senate Committee on the Judiciary, and rejects calls for his resignation.

June 20, 2012 – The House Oversight and Government Reform Committee recommends that Attorney General Holder be cited for contempt of Congress for failing to turn over documents relating to the Fast and Furious operation.

June 20, 2012 – President Barack Obama asserts executive privilege over the documents sought by the investigating committee. This prevents future prosecution of Holder.

June 28, 2012 – The House of Representatives votes 255-67 to hold Holder in criminal contempt. This is the first time in American history that the head of the Justice Department has been held in contempt by Congress.

July 31, 2012 – The first of a three-part joint staff Congressional report is released, Fast and Furious: Anatomy of a Failed Operation, which lays blame for the failed gun-running probe on Acting ATF Director Kenneth Melson and Deputy Director William Hoover.

July 31, 2012 – ATF Deputy Director William Hoover resigns.

August 13, 2012 – The House Oversight Committee files a civil lawsuit against Holder over Operation Fast and Furious documents.

September 6, 2012 – Mexican authorities arrest Leonel Sanchez Jesus Meza, wanted in the killing of Border Patrol agent Brian Terry.

September 19, 2012 – Department of Justice Inspector General Michael Horowitz releases a report on the operation. The report finds 14 employees of the ATF and the Justice Department responsible for management failures. After the release, former acting ATF head Kenneth Melson retires and former Deputy Assistant Attorney General Jason Weinstein resigns.

December 13, 2012 – Jaime Avila is sentenced to 57 months in prison for his role in buying weapons that were found at the site of the killing of patrol agent Brian A. Terry.

June 17, 2014 – Lionel Portillo Meza, a suspect in the death of Border Patrol Agent Brian Terry, is extradited from Mexico to the U.S.

http://www.cnn.com/2013/08/27/world/americas/operation-fast-and-furious-fast-facts/

ATF gunwalking scandal

From Wikipedia, the free encyclopedia

Weapons recovered by Mexican military in Naco, Sonora, Mexico on November 20, 2009. They include weapons bought two weeks earlier by Operation Fast and Furious suspect Uriel Patino, who bought 723 guns during the operation.[1]

Gunwalking“, or “letting guns walk“, was a tactic of the Arizona Field Office of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which ran a series of sting operations[2][3] between 2006[4]and 2011[2][5] in the Tucson and Phoenix area where the ATF “purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them.”[6] These operations were done under the umbrella of Project Gunrunner, a project intended to stem the flow of firearms into Mexico by interdicting straw purchasers and gun traffickers within the United States.[7] The Chambers case[who?] began in October 2009, and eventually became known in February 2010 as “Operation Fast and Furious” after agents discovered some of the suspects under investigation belonged to a car club.[1]

The stated goal of allowing these purchases was to continue to track the firearms as they were transferred to higher-level traffickers and key figures in Mexican cartels, with the expectation that this would lead to their arrests and the dismantling of the cartels.[6][8][9] The tactic was questioned during the operations by a number of people, including ATF field agents and cooperating licensed gun dealers.[10][11][12][13][14] During Operation Fast and Furious, the largest “gunwalking” probe, the ATF monitored the sale of about 2,000[1]:203[15] firearms, of which only 710 were recovered as of February 2012.[1]:203 A number of straw purchasers have been arrested and indicted; however, as of October 2011, none of the targeted high-level cartel figures had been arrested.[6]

Guns tracked by the ATF have been found at crime scenes on both sides of the Mexico–United States border, and the scene where United States Border Patrol Agent Brian Terry was killed December 2010. The “gunwalking” operations became public in the aftermath of Terry’s murder.[2] Dissenting ATF agents came forward to Congress in response.[16][17] According to Humberto Benítez Treviño, former Mexican Attorney General and chair of the justice committee in the Chamber of Deputies, related firearms have been found at numerous crime scenes in Mexico where at least 150 Mexican civilians were maimed or killed.[18] Revelations of “gunwalking” led to controversy in both countries, and diplomatic relations were damaged.[2]

As a result of a dispute over the release of Justice Department documents related to the scandal, Attorney General Eric Holder became the first sitting member of theCabinet of the United States to be held in contempt of Congress on June 28, 2012.[19][20] Earlier that month, President Barack Obama had invoked executive privilegefor the first time in his presidency over the same documents.[21][22]

Background

Further information: Project Gunrunner and Mexican Drug War

One 20-year veteran of ATF’s Tucson office told us that before Operation Wide Receiver, all of ATF’s trafficking cases were very similar in their simplicity: ATF would get a tip from an FFL[Federal Firearms Licensee][14] about a buyer who wanted a large number of firearms and information about when the transaction was scheduled to take place, and would set up surveillance and arrest the buyer when he headed southbound or at the border. Sometimes the initial buyer would cooperate with ATF, and agents would arrest the actual buyer when he showed up to take possession of the guns. If the guns went to a stash house, agents would speak with subjects at the stash house or conduct a search of the stash house. This agent told us that ATF interdicted guns as a matter of course and had been “content to make the little cases,” but that Wide Receiver represented a “different direction” from ATF’s typical practice.

—Report by the Office of the Inspector General on the Review of ATF’s Operation Fast and Furious and Related Matters, September 2012[1]

ATF “gunwalking” operations were, in part, a response to longstanding criticism of the bureau for focusing on relatively minor gun violations while failing to target high-level gun smuggling figures.[23] U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for the violation of such laws. “Gun trafficking”, although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets.[24]:Summary A 2009 GAO report on efforts to combat arms trafficking to Mexico notes that straw purchasing is not in itself illegal, although it is illegal to provide false information in connection with a purchase.[25]

Four federal statutes govern U.S. commerce of firearms domestically and internationally. Many states supplement these federal statutes and have firearms laws of their own that are stricter. For example, some states require permits to obtain firearms and impose a waiting period for firearm transfers. Domestic commerce and importations into the United States are generally regulated under the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). The exportation of firearms from the United States is regulated by the Arms Export Control Act of 1976 and, to a lesser extent, the Export Administration Regulations (EAR).[24]:3

Defendants are often prosecuted and convicted under provisions of statutes such as the GCA that make it unlawful for certain persons to be in possession of firearms, govern the transaction process of obtaining firearms (e.g., straw purchases), and contain penalties for the use of a firearm in a crime of violence or a drug trafficking crime, or penalties for knowingly or fraudulently smuggling goods that would be contrary to U.S. law and regulation.[24]:18

In a 2012 case in San Juan, Texas, under existing 1968 Gun Control Act provisions on straw purchasing (Title 18 United States Code, Section 924(a)(1)(A)), straw purchaser Taisa Garcia received 33 months and buyer Marco Villalobos received 46 months, plus two years supervision after release.[26] In another Texas gun trafficking case, Oscar Bravo Hernandez received a sentence of 84 months for buying and sending to Mexico at least 55 firearms from a ring of nine straw purchasers who received sentences from 51 months for the most involved down to three years probation for the least involved.[27]

According to twenty-year ATF veteran Jay Wachtel, letting guns “walk” has been a practice done in a controlled manner that involved surveillance and eventual seizure of the weapons. “The idea was that you would follow it long enough until you were sure you had enough probable cause” to initiate an arrest, Wachtel said.[28]According to ATF field agents involved in Operation Fast and Furious, a part of Project Gunrunner, “ATF agents were trained to interdict guns and prevent criminals from obtaining them” and not to allow guns to walk and then disappear.[11] ATF agents assigned to Phoenix from other districts to work on Fast and Furious were critical of the operation.[29]

Operations

There have been allegations of “gunwalking” in at least 10 cities in five states.[30] The most widely known and controversial operations took place in Arizona under the ATF’s Phoenix, Arizona field division.

2006–2008: Operation Wide Receiver and other probes[edit]

Operation Wide Receiver[edit]

The suspicious sale of AR-15s led to Operation Wide Receiver.[31]

The first known ATF “gunwalking” operation to Mexican drug cartels, named Operation Wide Receiver, began in early 2006 and ran into late 2007. Licensed dealer Mike Detty of Mad Dawg Global informed the ATF of a suspicious gun purchase that took place in February 2006 in Tucson, Arizona. In March he was hired as a confidential informant working with the ATF’s Tucson office, part of their Phoenix, Arizona field division.[31]

With the use of surveillance equipment, ATF agents monitored additional sales by Detty to straw purchasers. With assurance from ATF “that Mexican officials would be conducting surveillance or interdictions when guns got to the other side of the border”,[12] Detty would sell a total of about 450 guns during the operation.[30] These included AR-15s, semi-automatic AK-pattern rifles, and Colt .38s. The majority of the guns were eventually lost as they moved into Mexico.[6][31][32][33]

As the later DOJ OIG Report documented, under Wide Receiver coordination of ATF Tucson with the ATF Mexico City Office (MCO) and with Mexican law enforcement had been haphazard. Discussions of getting tracking devices from Raytheon were not followed up. ATF field agents and the cooperating gun dealer had been told by ATF supervisors that the guns were being interdicted before they could reach Mexico, but only 64 of the 474 guns had actually been seized. The kingpin sought by walking the guns, Israel Egurrola-Leon, turned out to be the target of a larger drug case Operation Iron River run by OCDETF. After Operation Wide Receiver was ended, several attorneys at the Phoenix USAO who reviewed the Wide Receiver cases for prosecution found the cases had been so poorly managed that they were reluctant to bring any of them to trial.[1]

At the time, under the Bush administration Department of Justice (DOJ), no arrests or indictments were made. After President Barack Obama took office in 2009, the DOJ reviewed Wide Receiver and found that guns had been allowed into the hands of suspected gun traffickers. Indictments began in 2010, over three years after Wide Receiver concluded. As of October 4, 2011, nine people had been charged with making false statements in acquisition of firearms and illicit transfer, shipment or delivery of firearms.[23] As of November, charges against one defendant had been dropped; five of them had pled guilty, and one had been sentenced to one year and one day in prison. Two of them remained fugitives.[31]

The Hernandez case

Another, smaller probe occurred in 2007 under the same ATF Phoenix field division. The Fidel Hernandez case began when the ATF identified Mexican suspects who bought weapons from a Phoenix gun shop over a span of several months. The probe ultimately involved over 200 guns, a dozen of which were lost in Mexico. On September 27, 2007, ATF agents saw the original suspects buying weapons at the same store and followed them toward the Mexican border. The ATF informed the Mexican government when the suspects successfully crossed the border, but Mexican law enforcement were unable to track them.[4][10]

Less than two weeks later, on October 6, William Newell, then ATF’s Special Agent in Charge (SAC) of the Phoenix field division, shut down the operation at the behest of William Hoover, ATF’s assistant director for the office of field operations.[34] No charges were filed. Newell, who was Phoenix ATF SAC from June 2006 to May 2011, would later play a major role in Operation Fast and Furious.[4][12]

The Hernandez case was referenced in a briefing paper prepared for Attorney General Michael Mukasey prior to his meeting with the Mexican Attorney General Medina Mora on November 16, 2007. The paper stated, “ATF has recently worked jointly with Mexico on the first-ever attempt to have a controlled delivery of weapons being smuggled into Mexico by a major arms trafficker” and that “the first attempts at this controlled delivery have not been successful.” The paper also stated, “ATF would like to expand the possibility of such joint investigations and controlled deliveries — since only then will it be possible to investigate an entire smuggling network, rather than arresting simply a single smuggler.”[35]

Investigators regarded the Hernandez Case as an example of “controlled delivery” with surveillance and involvement of Mexican authorities rather than “gunwalking” or failure to attempt interdiction.[1][36][37]

The Medrano case[

The 2008 Alejandro Medrano case involved both ATF SAC William Newell and cooperating Tucson gun dealer Mike Detty of Operation Wide Receiver. ATF Phoenix allowed about 100 guns to be taken into Mexico over the objections of U.S. Immigration and Customs Enforcement (ICE) personnel who became aware of the case. Phoenix ATF SAC Newell acknowledged to ICE “that letting guns cross the border was part of ATF’s plan”. In August 2010, Medrano was sentenced to 46 months, his associate Hernan Ramos received 50 months and their fellow conspirators received prison terms from 14 to 30 months, but the target, a Sinaloa Cartel kingpin, Javier Elenes Ruiz, nicknamed “Rambo,” remained untouched inside Mexico.[36]

2009–2011: Operation Fast and Furious

On October 26, 2009, a teleconference was held at the Department of Justice in Washington, D.C. to discuss U.S. strategy for combating Mexican drug cartels. Participating in the meeting were Deputy Attorney General David W. Ogden, Assistant Attorney General Lanny A. Breuer, acting ATF Director Kenneth E. Melson, Drug Enforcement Administration (DEA) Administrator Michele Leonhart, Director of the Federal Bureau of Investigation Robert Mueller and the top federal prosecutors in theSouthwestern border states. They decided on a strategy to identify and eliminate entire arms trafficking networks rather than low-level buyers.[3][38][39] Those at the meeting apparently did not suggest using the “gunwalking” tactic, but Phoenix ATF supervisors would soon use it in an attempt to achieve the desired goals.[40]

The strategy of targeting high-level individuals, which was already ATF policy, would be implemented by Bill Newell, special agent in charge of ATF’s Phoenix field division. In order to accomplish it, the office decided to monitor suspicious firearms purchases which federal prosecutors had determined lacked sufficient evidence for prosecution, as laid out in a January 2010 briefing paper. This was said to be allowed under ATF regulations and given legal backing by U.S. Attorney for the District of Arizona Dennis K. Burke. It was additionally approved and funded by a Justice Department task force.[3] However, long-standing DOJ and ATF policy has required suspected illegal arms shipments to be intercepted.[4][5]

FN Five-sevens were among the weapons allowed to walk.[41]

The operation began on October 31, 2009, when a local gun store reported to the Phoenix ATF that four individuals had purchased multiple AK47 style rifles.[42] In November 2009, the Phoenix office’s Group VII, which would be the lead investigative group in Fast and Furious, began to follow a prolific gun trafficker. He had bought 34 firearms in 24 days, and he and his associates bought 212 more in the next month. The case soon grew to over two dozen straw purchasers, the most prolific of which would ultimately buy more than 600 weapons.[3][5][43] The effort would come to be called Operation Fast and Furious for the successful film franchise, because some of the suspects under investigation operated out of an auto repair store and street raced.[3]

Under the previous Operation Wide Receiver, there had been a formal ATF contract with the cooperating gun dealer and efforts were made to involve the ATF Mexico City Office (MCO) and Mexican law enforcement. Under Operation Fast and Furious, at Newell’s insistence the cooperating gun dealers did not have contracts with ATF, and MCO and Mexican police were left in the dark.[1]

According to internal ATF documents, the operation was initially run in conjunction with the Phoenix DEA Organized Crime Drug Enforcement Task Force(OCDETF).[44] On January 26, 2010, ATF formally applied to the Justice Department in Washington for funding through the OCDETF program. When it won approval and received additional funding, Operation Fast and Furious was reorganized as a Strike Force that included agents from ATF, FBI, DEA, and the ICE component of the Department of Homeland Security, which would be run through the U.S. Attorney’s office rather than the ATF. This new Strike Force designation allowed the operation to take advantage of sophisticated surveillance techniques such as federal wiretaps, which would require court orders and interaction from Justice Department officials in Washington, D.C. since federal law requires certain individuals to review evidence and certify the necessity of such techniques.[45]

The dealers involved became concerned as months went by and the same individuals they reported to ATF as suspected straw purchasers returned and repeatedly bought identical weapons. As they later told the DOJ OIG, their previous experience was that after they reported a suspected straw to ATF, they did not see the straw again unless subpoenaed to testify against the straw at trial.[1] One cooperating dealer expressed his concerns in a series of emails in April and June 2010 to GS David Voth, who assured the dealer that ATF was monitoring the suspects using a variety of techniques that he could not discuss in detail.[14]

The tactic of letting guns walk, rather than interdicting them and arresting the buyers, led to controversy within the ATF.[5][46] As the case continued, several members of Group VII, including John Dodson and Olindo Casa, became increasingly upset at the tactic of allowing guns to walk. Their standard Project Gunrunner training was to follow the straw purchasers to the hand-off to the cartel buyers, then arrest both parties and seize the guns. But according to Dodson, they watched guns being bought illegally and stashed on a daily basis, while their supervisors, including David Voth and Hope MacAllister, prevented the agents from intervening.[3]

However, other accounts of the operation insist that ATF agents were prevented from intervening not by ATF officials, but rather by federal prosecutors with the Attorney General’s office, who were unsure of whether the agents had sufficient evidence to arrest suspected straw-buyers.[47] According to some reports, many agents insisted they were prevented from making arrests because prosecutors were unwilling to engage in what could become a potentially contentious political battle over Second Amendment rights during an election year, particularly given the difficult nature of prosecuting straw buyers, and the weak penalties associated with it, even if successful.[47] Instead, prosecutors instructed ATF agents not to make arrests, but rather continue collecting evidence in order to build a stronger case. One tactic proposed for doing so was a wiretap of suspected straw-buyers, in an attempt to link the suspects to criminal activities taking place on the Mexican side of the border.[47] Between March 20 and July 30, 2010, nine wiretaps were sought and approved by Justice Department officials, resulting in a significant delay in concluding the case.[1]:247,274

One of the central targeted individuals was Manuel Fabian Celis-Acosta.[45] By December 2009, Celis-Acosta was being investigated by the ATF, which had placed a secret pole camera outside his Phoenix home to track his movements. Around this time, apparently by chance, ATF agents discovered Celis-Acosta was also a potential criminal target of the DEA, which was operating a wire room to monitor live wiretaps in order to track him. On April 2, 2010, Celis-Acosta was arrested on possession of cocaine and found in possession of a weapon purchased by Uriel Patino, who had already purchased at least 434 guns from cooperating gun dealers in the Phoenix area. By this time about a dozen ATF agents regularly surveilled Celis-Acosta as he recruited 20 friends and family to buy guns for him and regularly traveled to Texas to obtain funds from cartel associates to purchase firearms. On May 29, 2010, Celis-Acosta was detained in Lukeville, Arizona with 74 rounds of ammunition and 9 cell phones. He was then released by the chief ATF investigator on Fast and Furious, Hope MacAllister, after he promised to cooperate with her to find two specific Sinaloa cartel associates. After the redetention and arrest of Celis-Acosta in February 2011, the ATF learned that the associates they were after were FBI/DEA paid informants, and one of them was Celis-Acosta’s financier. Since they were informants, they were unindictable under Operation Fast and Furious.[45][48][49][50][51]

Later, the DOJ inspector General concluded: “We did not find persuasive evidence that agents sought to seize firearms or make arrests during the investigative stage of the case and were rebuffed by the prosecutor. … We found that the lack of seizures and arrests was primarily attributable to the pursuit of a strategic goal shared by both the [Phoenix] ATF and the U.S. Attorney’s Office—to eliminate a trafficking organization—and the belief that confronting subjects and seizing firearms could compromise that goal.”[1]

Weapons bought by Fast and Furious suspect Uriel Patino, seized by Border Patrol and Tucson ATF agents on the Tohono O’odham Reservation from a vehicle headed toward the Mexican border, February 20, 2010.[1]

By June 2010, suspects had purchased 1,608 firearms at a cost of over US$1 million at Phoenix-area gun shops. At that time, the ATF was also aware of 179 of those weapons being found at crime scenes in Mexico, and 130 in the United States.[8] As guns traced to Fast and Furious began turning up at violent crime scenes in Mexico, ATF agents stationed there also voiced opposition.[3]

On the evening of December 14, 2010, U.S. Border Patrol agent Brian Terry and others were patrolling Peck Canyon,Santa Cruz County, Arizona, 11 miles from the Mexican border. The group came across five suspected illegal immigrants. When they fired non-lethal beanbag guns, the suspects responded with their own weapons, leading to a firefight. Terry was shot and killed; four of the suspects were arrested and two AK-pattern rifles were found nearby.[3] The Attorney General’s office was immediately notified of the shooting incident by email.[52] The rifles were traced within hours of the shooting to a Phoenix store involved in the Fast and Furious operation, but the bullet that killed Terry was too badly damaged to be conclusively linked to either gun.[3] Acting Deputy Attorney General Gary Grindler and Deputy Chief of Staff Monty Wilkinson were informed about the guns, but they didn’t believe the information was sufficiently important to alert the Attorney General about it or to make any further inquiry regarding the development.[1]:297

After hearing of the incident, Dodson contacted ATF headquarters, ATF’s chief counsel, the ATF ethics section and the Justice Department’s Office of the Inspector General, none of whom immediately responded. He and other agents then contacted Senator Chuck Grassley of Iowa (R–IA), ranking member of the Senate Judiciary Committee, who would become a major figure in the investigation of “gunwalking.” At the same time, information began leaking to various bloggers and Web sites.[3]

On January 25, 2011, Burke announced the first details of the case to become officially public, marking the end of Operation Fast and Furious. At a news conference in Phoenix, he reported a 53-count indictment of 20 suspects for buying hundreds of guns intended for illegal export between September 2009 and December 2010. Newell, who was at the conference, called Fast and Furious a “phenomenal case,” while denying that guns had been deliberately allowed to walk into Mexico.[3][12]

Altogether, about 2,000 firearms were bought by straw purchasers during Fast and Furious.[1]:203[3] These included AK-47 variants, Barrett .50 caliber sniper rifles, .38 caliber revolvers, and FN Five-sevens.[41] As of October 20, 2011, 389 had been recovered in the US and 276 had been recovered in Mexico. The rest remained on the streets, unaccounted for.[15] As of February 2012, the total number of recovered firearms was 710.[1]:203 Most of the guns went to the Sinaloa Cartel, while others made their way to El Teo and La Familia.[2][32]

Although most weapons were purchased by suspects under investigation by the program, there have been reports of at least one instance of ATF agents being directly involved in the transfer of weapons. On April 13, 2010, ATF Agent John Dodson, with assistance from Agents Casa and Alt, directed a cooperating straw purchaser to give three guns to Isaiah Fernandez, a suspected gun trafficker, and had taped the conversations without prosecutor approval.[47]

After being instructed by his superiors to obtain approval from prosecutors (albeit retroactively), Dodson’s proposal was later rejected by his immediate superior David Voth, although he later received permission from Voth’s supervisor after submitting a written proposal for the program. On June 1, 2010, Dodson used $2,500 of ATF funds to purchase six AK Draco pistols from local gun dealers, which he then gave to Mr. Fernandez, who reimbursed him for the expense of the guns, plus $700 for his assistance.[47] Two days later, Agent Dodson went on a scheduled vacation without interdicting the weapons. As a result, the weapons were never recovered, no arrests were ever made, and the case was closed without charges being filed.[47]

According to the DOJ OIG report, Agent Dodson, as the undercover posing as a straw buyer, was not expected to surveil the weapons after hand-off to Fernandez. Other ATF agents followed the weapons to a storage facility; then surveillance was terminated without interdiction.[1] The Fernandez case was dropped from Fast and Furious after it was determined that Fernandez was not connected to Mexican cartels and had ceased buying guns for resale.[1][53]

Aftermath and reaction

Fate of walked guns

Since the end of Operation Fast and Furious, related firearms have continued to be discovered in criminal hands. As reported in September 2011, the Mexican government stated that an undisclosed number of guns found at about 170 crime scenes were linked to Fast and Furious.[54] U.S. Representative Darrell Issa (R–Calif.–49) estimated that more than 200 Mexicans were killed by guns linked to the operation.[55] Reflecting on the operation, Attorney General Eric Holder said that theUnited States government is “…losing the battle to stop the flow of illegal guns to Mexico,”[56] and that the effects of Operation Fast and Furious will most likely continue to be felt for years, as more walked guns appear at Mexican crime scenes.[57]

In April 2011, a large cache of weapons, 40 traced to Fast and Furious but also including military-grade weapons difficult to obtain legally in the US such as an anti-aircraft machine gun and grenade launcher, was found in the home of Jose Antonio Torres Marrufo, a prominent Sinaloa Cartel member, in Ciudad Juárez, Mexico. Torres Marrufo was indicted, but evaded law enforcement for a brief time.[58][59] Finally, on February 4, 2012, Marrufo was arrested by the Mexican Police.[60]

On May 29, 2011, four Mexican Federal Police helicopters attacked a cartel compound, where they were met with heavy fire, including from a .50 caliber rifle. According to a report from the House Committee on Oversight and Government Reform, this rifle is likely linked to Fast and Furious.[2]

There have been questions raised over a possible connection between Fast and Furious and the death of U.S. Immigration and Customs Enforcement agent Jaime Zapata on February 15, 2011.[61][62] The gun used to kill Zapata was purchased by Otilio Osorio in the Dallas/Fort Worth Metroplex, Texas[63] (outside the area of responsibility for the ATF Phoenix field division[64] which conducted Fast and Furious), and then smuggled into Mexico. Congressional investigators have stated that Osorio was known by the ATF to be a straw purchaser months before he purchased the gun used to kill Zapata, leading them to question ATF surveillance tactics[63]and to suspect a Texas-based operation similar to Fast and Furious.[65]

In addition to Otilio Osorio, a Texas-based drug and gun trafficker, Manuel Barba, was involved trafficking another of the guns recovered in the Zapata shooting. The timeline of this case, called “Baytown Crew”, shows guns were allowed to walk during surveillance that began June 7, 2010. On August 20, 2010, Barba received a rifle later recovered in the Zapata ambush and sent it with nine others to Mexico. The warrant for Barba’s arrest was issued February 14, 2011, the day before Zapata was shot.[66] On January 30, 2012, Barba, who claimed to be working with Los Zetas in illegally exporting at least 44 weapons purchased through straw buyers, was sentenced to 100 months in prison.[67]

On November 23, 2012, two firearms linked to the ATF were found at the scene of a shootout between Sinaloa cartel members and the Mexican military. One of the weapons was an AK-47 type rifle trafficked by Fast and Furious suspect Uriel Patino, and the other was an FN Herstal pistol originally purchased by an ATF agent. Mexican beauty queen Maria Susana Flores Gamez and four others were killed.[68][69]

Investigations and fallout

In the U.S. Congress, Representative Darrell Issa (R–CA–49), chairman of the House Committee on Oversight and Government Reform, and Senator Chuck Grassley(R–IA), ranking member of the Senate Judiciary Committee, have been leading investigations of “gunwalking” operations.[70] There have also been investigations by the United States Department of Justice Office of the Inspector General and others.

2011

On January 27, 2011, Grassley wrote a letter to ATF Acting Director Kenneth E. Melson requesting information about the ATF-sanctioned sale of hundreds of firearms to straw purchasers. The letter mentioned a number of allegations that walked guns were used in the fight that killed Border Patrol Agent Brian Terry.[71] A second letter from Grassley on January 31 accused the ATF of targeting whistleblowers.[72]

On February 4, after review and comment from dozens of officials in the Justice Department Criminal Division, the Office of the Deputy Attorney General, the U.S. Attorney’s Office in Phoenix, and ATF Headquarters,[1]:332 Assistant Attorney General Ronald Weich sent a response to Grassley regarding his two letters. Weich said claims “…that (the) ATF ‘sanctioned’ or otherwise knowingly allowed the sale of assault weapons to a straw purchaser who then transported them to Mexico [are] false. ATF makes every effort to interdict weapons that have been purchased illegally and prevent their transportation to Mexico.”[73][74] On February 28, Attorney GeneralEric Holder requested that the Department of Justice‘s Inspector General begin an investigation of Fast and Furious.[75]

On March 23, President Barack Obama appeared on Univision and spoke about the “gunwalking” controversy. He said that neither he nor Attorney General Holder authorized Fast and Furious. He also stated, “There may be a situation here in which a serious mistake was made, and if that’s the case then we’ll find out and we’ll hold somebody accountable.”[76]

On May 3, Attorney General Holder testified to the House Judiciary Committee that he did not know who approved Fast and Furious, but that it was being investigated. He also stated that he “probably heard about Fast and Furious for the first time over the last few weeks,”[77] a claim which would later be questioned[78][79][80] as explained below.

In June, ATF Agent Vince Cefalu, who helped to publicize Fast and Furious, was served with termination papers, in a move by the agency he described as politically motivated retaliation. He had been at odds with ATF management since he filed a complaint over tactics in an unrelated case in 2005. The ATF denied that the firing was retaliation, and Cefalu’s termination letter noted that he leaked documents to the Internet and showed a “lack of candor” in other operations.[81]

On June 14, 2011, a preliminary joint staff report was released by Representative Issa and Senator Grassley.[11] Among the findings: agents were told to stand down rather than interdict weapons, they complained about the strategy and were ignored, and Fast and Furious led to increased violence and death in Mexico.[82] Agents were panicked, certain that “someone was going to die.”[83]

Representative Issa continued to hold hearings in June and July where ATF officials based in Phoenix and Mexico, and at headquarters in Washington, testified before the committee.[84] ATF agent John Dodson stated that he and other agents were ordered to observe the activities of gun smugglers but not to intervene. He testified:[85][86]

Over the course of the next 10 months that I was involved in this operation, we monitored as they purchased hand guns, AK-47 variants, and .50 caliberrifles almost daily. Rather than conduct any enforcement actions, we took notes, we recorded observations, we tracked movements of these individuals for a short time after their purchases, but nothing more. Knowing all the while, just days after these purchases, the guns that we saw these individuals buy would begin turning up at crime scenes in the United States and Mexico, we still did nothing. …
I cannot begin to think of how the risk of letting guns fall into the hands of known criminals could possibly advance any legitimate law enforcement interest.

A second joint staff report was released by the Republicans on July 26.[41]

In August, three important Fast and Furious supervisors were transferred to new management positions at ATF headquarters in Washington: William Newell and David Voth, field supervisors who oversaw the program from Phoenix, and William McMahon, an ATF deputy director of operations. The transfers were initially reported as promotions by the Los Angeles Times, but the ATF stated that they did not receive raises or take on greater responsibilities.[70][87] In late August, it was announced that Acting ATF Director Melson had been reassigned to the Justice Department, and U.S. Attorney Burke announced his resignation after being questioned by Congressional investigators earlier that month.[88]

In October, documents showing that Attorney General Holder’s office had been sent briefings on Fast and Furious as early as July 2010, prompted questions about his May statement that he wasn’t sure of the exact date, but had known about it for only a few weeks. The briefings were from the National Drug Intelligence Center andAssistant Attorney General Lanny Breuer. The Justice Department said that those briefings were about a different case started before Holder became Attorney General, and that while he had known about Fast and Furious, he didn’t know the details of the tactics being used.[80]

On October 31, 2011, after the release of subpoenaed documents, Assistant Attorney General Lanny Breuer stated he found out about gunwalking in Operation Wide Receiver in April 2010, and that he wished he had alerted the deputy or the attorney general at the time.[89][90] The following day, in testimony before the Senate Judicial Committee in a hearing on International Organized Crime, when asked if he had reviewed the letter before it was sent to Senator Charles Grassley on February 4, 2011 denying gunwalking, Breuer replied, “I cannot say for sure whether I saw a draft of the letter that was sent to you. What I can tell you, Senator, is that at that time I was in Mexico dealing with the very real issues that we’re all so committed to.”[91]

On November 8, Holder stated for the first time in Congressional testimony that “gunwalking” was used in Fast and Furious. He remarked that the tactic is unacceptable, and that the operation was “flawed in its concept and flawed in its execution.” He further stated that his office had inaccurately described the program in previous letters sent to Congress, but that this was unintentional. Reiterating previous testimony, he said that he and other top officials had been unaware that the “gunwalking” tactic was being used. Holder stated that his staff had not showed him memos about the program, noting, “There is nothing in any of those memos that indicates any of those inappropriate tactics that are of concern. Those things were not brought to my attention, and my staff, I think, made the correct decision in that regard.”[78][92][93]

That same month, ex-US Attorney Burke admitted to leaking sensitive documents about ATF agent and whistleblower Dodson. Senator Grassley expressed concern that the Justice Department was using Burke as a scapegoat to protect higher officials and vowed to continue his probe.[94]

On December 2, 2011, the Justice Department formally withdrew its statement from February 4, 2011 denying gunwalking due to inaccuracies.[95]

Later that month, documents showed that some ATF agents discussed using Fast and Furious to provide anecdotal cases to support controversial new rules about gun sales. The regulation, called Demand Letter 3, would require 8,500 firearms dealers in Arizona, California, New Mexico and Texas that “have a significant number of crime guns traced back to them from Mexico” to report multiple rifle sales.[96]

2012

Investigations by Congress and the DOJ Inspector General continued into 2012. In January, Patrick Cunningham, who was the criminal division chief at the Phoenix office of the U.S. Attorney’s Office for the District of Arizona and has since resigned, asserted his innocence and his constitutional right against self-incrimination to avoid testifying.[97] Cunningham worked directly under Burke during Fast and Furious. He was subpoenaed because of the role he might have played in the operation, and in the letter sent from the DOJ to Senator Grassley in February 2011 that claimed the ATF did not allow weapons to be trafficked to Mexico.[98]

On January 31, 2012, Democrats on the House Oversight and Government Reform Committee released a report titled, “Fatally Flawed: Five Years of Gunwalking in Arizona”.[36] The report concluded that there was no evidence of involvement by high-ranking appointees at the Justice Department in “gunwalking.” Rather, Operation Fast and Furious was just one of four such operations conducted over five years during the Bush and Obama administrations, and was only “the latest in a series of fatally flawed operations run by ATF agents in Phoenix and the Arizona U.S. Attorney’s Office.”[99]

In May, it was reported that the Department of Homeland Security (DHS) Office of Inspector General had begun to investigate Fast and Furious, with a report expected in October. The DHS had Immigration and Customs Enforcement agents assigned to the operation after becoming involved in late 2009.[100]

On May 3, 2012, Congressman Issa released a letter to the Committee on Oversight and Government Reform that included a draft of a resolution to hold Attorney General Holder in contempt.[101] In the letter, Issa described the connection between Operation Fast and Furious and the OCDETF program since at least January 2009, which would involve multiple executive agencies including the ATF, DOJ, DEA, FBI, ICE, and DHS. He questioned how, why, or if oversight by high level Justice Department did not occur in such an important case. He further described the tragic death of Brian Terry, the whistleblowers and their mistreatment, and the damage the operation had to US-Mexico relations.

On June 7, 2012, under the threat of being held in contempt of Congress for not turning over additional requested documents, Attorney General Holder appeared at his seventh Congressional hearing, where he continued to deny knowledge of “gunwalking” by high-level officials. By then, the Justice Department had turned over more than 7,000 pages of documents.[102]

During the June 12, 2012, Senate hearing, Eric Holder stated, “If you want to talk about Fast and Furious, I’m the Attorney General that put an end to the misguided tactics that were used in Fast and Furious. An Attorney General who I suppose you would hold in higher regard was briefed on these kinds of tactics in an operation called Wide Receiver and did nothing to stop them—nothing. Three hundred guns, at least, walked in that instance.” Holder cited a briefing paper on “Wide Receiver”; the DOJ Office of Legislative Affairs later clarified that the briefing paper was about the Fidel Hernandez case, prepared for Holder’s predecessor, U.S. Attorney General Michael Mukasey before his meeting with Mexican Attorney General Mora on November 16, 2007.[35] The Hernandez Case had ended October 6, 2007,[103]before Mukasey entered office November 9, 2007.[104] The office further explained, “As Attorney General Holder also noted in his testimony, and as we have set forth in prior correspondence and testimony, he took measures and instituted a series of important reforms designed to ensure that the inappropriate tactics used in Fast and Furious, Wide Receiver, Hernandez, and other matters about which the Department has informed Congress are not repeated.”[35] The later DOJ OIG investigation concluded “Attorney General Mukasey was not briefed about Operation Wide Receiver or gun “walking,” but on a different and traditional law enforcement tactic that was employed in a different case.”[1]

On June 20, the House Oversight and Government Reform Committee voted along party lines to recommend that Holder be held in contempt. At issue were 1,300 pages of documents that had not been turned over to Congress by the DOJ. Earlier that day, President Obama had invoked executive privilege over those documents, marking the first time the privilege has been asserted during his presidency.[21][22] Issa contends that the Obama executive privilege claim is a cover-up or an obstruction to the congressional probe. Issa said the department has identified “140,000 pages of documents and communications responsive to the committee’s subpoena.”[105]

On Thursday, June 28, 2012, Holder became the first sitting member of the Cabinet of the United States to be held in criminal contempt of Congress by the House of Representatives for refusing to disclose internal Justice Department documents in response to a subpoena. The vote was 255–67 in favor, with 17 Democrats voting yes and a large number of Democrats walking off the floor in protest and refusing to vote. A civil contempt measure was also voted on and passed, 258–95. The civil contempt vote allows the House Committee on Oversight and Government Reform to go to court with a civil lawsuit to look into the US Justice Department’s refusal to turn over some of the subpoenaed documents and to test Obama’s assertion of executive privilege. Holder dismissed the votes as “the regrettable culmination of what became a misguided—and politically motivated—investigation during an election year,” and the White House called it “political theater rather than legitimate congressional oversight.”[19][20] The National Rifle Association controversially lobbied for Holder to be held in contempt.[106][107][108][109][110][111]

In June 2012, a six-month long investigation by Fortune magazine stated that the ATF never intentionally allowed guns to fall into the hands of Mexican drug cartels, in contrast to most other reports. Agents interviewed during the investigation repeatedly asserted that only one isolated incident of “gunwalking” ever occurred, and was performed independently by ATF Agent John Dodson (who later appeared on CBS News as a whistleblower to denounce the gunwalking scandal) as part of an unauthorized solo action outside the larger Fast and Furious operation.[47]

On July 31, the first part of a new three-part report, Fast and Furious: The Anatomy of a Failed Operation,[37] was released by Republican lawmakers. The report singled out five ATF supervisors for responsibility in Fast and Furious, all of whom had been previously reassigned. The report also said that Fast and Furious resulted from a change in strategy by the Obama Administration. The Justice Department was dismissive of the report, saying that it contained “distortions” and “debunked conspiracy theories,” and that “gunwalking” tactics dated back to 2006.[112] DOJ spokeswoman Tracy Schmaler, while critical of the report, did credit it for acknowledging that the idea for “gun walking”—allowing illegal sales of weapons on the border—originated under the Republican administration before Eric Holder took office in 2009. Schmaler noted that Holder moved swiftly to replace the ATF’s management and instill reforms.[113] On the same day, ATF Deputy Director William Hoover, who was one of the five blamed in the Congressional report, officially retired.[114] The report included an appendix disputing claims in the Fortune article.[53]Following its publication, Dodson’s lawyer wrote the managing editor of Fortune stating the article was “demonstrably false” and that a retraction was in order.[115] AfterFortune did not retract the article, Dodson sued for libel on October 12, 2012.[116][117]

On September 19,[118] the Department of Justice Inspector General Michael Horowitz publicly released a 471-page report[1] detailing the results of the Justice Department’s own internal investigations. The Inspector General’s report, which had access to evidence and interviews with witnesses not permitted in previous Congressional reports, recommended 14 federal officials for disciplinary action, ranging from ATF agents to federal prosecutors involved in the Fast and Furious operation.[118] It found “no evidence” that Attorney General Holder knew about Fast and Furious before early 2011.[119] It found no evidence that previous Attorneys General had been advised about gunwalking in Operation Wide Receiver.[1]

While the OIG report found no evidence that higher officials at the Justice Department in Washington had authorized or approved of the tactics used in the Fast and Furious investigations, it did fault 14 lower officials for related failures, including failures to take note of “red flags” uncovered by the investigation, as well as failures to follow up on information produced through Operation Fast and Furious and its predecessor, Operation Wide Receiver.[118][120] The report also noted ATF agents’ apparent frustrations over legal obstacles from the Phoenix Attorney’s Office to prosecuting suspected “straw-buyers,” while also criticizing the agents’ failure to quickly intervene and interdict weapons obtained by low-level suspects in the case.[118] The 14 Justice Department employees were referred for possible internal discipline. The Justice Department’s Criminal Division head Lanny Breuer, an Obama administration presidential appointee, was cited for not alerting his bosses in 2010 to the flaws of Operation Wide Receiver.[121] Deputy Assistant Attorney General Jason Weinstein, who was responsible for authorizing a portion of the wiretap applications in Operation Fast and Furious and faulted in the report for not identifying the gunwalking tactics, resigned on the day of the report.[122]

On December 4, 2012, the ATF Professional Review Board delivered its recommendations to high-level ATF managers, who will decide whether to accept them. The recommendations included firing William McMahon, ATF Deputy Assistant Director; Mark Chait, ATF Assistant Director for Field Operations; William Newell, Phoenix ATF Special Agent in Charge; and George Gillett, Newell’s second in command. Two additional ATF employees, Phoenix supervisor David Voth and lead agent Hope McAllister, received recommendations for demotion and disciplinary transfer to another ATF post, respectively.[123][124] It was reported the next day that McMahon had been fired. It was also announced that Gary Grindler, Eric Holder’s chief of staff who was faulted in the OIG report, would be leaving the Justice Department.[120] Later that month, the family of Brian Terry sued seven government officials and a gun shop involved in Operation Fast and Furious for negligence and wrongful death.[125]

2013

Agent John Dodson’s book on his experiences in Operation Fast and Furious was released by Simon and Schuster on December 3, 2013.[126]

Related criminal prosecutions

On July 9, 2012, an indictment charging five men in the death of U.S. Border Patrol Agent Brian Terry was unsealed. The