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Paul Merrell

The Pentagon gave local cops nearly 12,000 bayonets over the past 8 years - Vox - 0 views

  • Through the 1033 program, the federal government has geared America's local police departments with military-grade equipment — ranging from airplanes to bayonets — worth hundreds of millions of dollars. NPR combed through the transaction data for the program to find out where the equipment went and what kind of gear was involved. Since 2006, the Pentagon distributed more than 79,000 assault rifles, 205 grenade launchers, nearly 12,000 bayonets, nearly 4,000 combat knives, 50 airplanes, 479 bomb detonator robots, and much more to America's local cops. One chart from NPR shows the counties that got the most guns per 1,000 people through the program
  • It's not immediately clear why some of these places would need so much military-grade equipment. With the notable exception of Starr County, Texas, the counties and states on the list have modest crime rates, and they aren't hotbeds for drug or terrorist activity — the two main targets of the federal government's police militarization schemes.* The proliferation of such weapons could soon come to an end. Following outcry against police militarization during the August protests in Ferguson, Missouri, the Obama administration ordered a review that will consider whether local police should have the equipment, whether they need to receive more training if they obtain the gear, and how the federal government can better oversee the equipment's use. The Pentagon said it could even take back some of the equipment if it's deemed necessary.
  • The federal government has been arming local police departments with military-grade equipment for decades through multiple federal schemes, particularly the 1033 program. The 1033 program transfers surplus military-grade equipment from the Pentagon to local police. It does not, however, provide training or oversight for the equipment's use. The program is also loaded with what many experts view as a perverse incentive: to keep the equipment, local police must use it within a year. This incentive, some experts argue, might encourage police to use the weapons even when they're not necessary.
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    Bayonets for police? Good grief! We couldn't even get them in the Army  in Viet Nam.
Paul Merrell

The Pentagon's slush fund is arming a War Zone on Main Street. Let's end the local-cop ... - 0 views

  • What many other communities across America have learned since is that we're living in what the writer Radley Balko calls the age of the "warrior cop". And when warrior cops want a straight-outta-Baghdad toy, it's increasingly and unnecessarily simple for them to use a federally enabled slush-fund to wreak havoc – particularly against minorities, and even at a pumpkin festival. It's also pretty simple to start accounting for all the high-tech violence."Before another small town's police force gets a $700,000 gift from the Defense Department that it can't maintain or manage," Rep Hank Johnson of Georgia told me this week, "we need to press pause and revisit the merits of a militarized America."
  • The ACLU released a devastating report this week examining more than 800 incidents of Swat team deployments conducted by 20 law enforcement agencies between 2010 and 2013. It's a small sample of the estimated 45,000 deployments that occur in the US each year (up from 1,400% from the '80s), but the report reveals a picture of law enforcement as flash-bang assault unit, with hardly an actual suspect in harm's way: pandemonium in a baby's crib; a grandfather of 12 killed by a discharged gun; Swat officers gunning down a mother as she died, child in her arms. According to the ACLU study, 79% of the incidents surveyed involved a Swat team searching a person's home, and more than 62% of the cases involved searches for drugs. That's not what Swat teams were made for.America is winding down wars abroad – depending on what the hell happens in Iraq, of course – but we are fueling an addiction to armed conflict here at home.As Balko notes in his book, The Rise of the Warrior Cop, "America's cops have increasingly come to resemble ground troops."
  • But the federal government has been enabling even more localized branches of law enforcement to get its hands on heavy-duty artillery for the last 20 years, when the Reagan administration formalized the Pentagon's so-called 1033 Program. It sends "excess" military equipment to local police departments, and combined with the Homeland Security operation that provides grants to purchase such equipment, we've got a veritable firearms sale funnelling from Washington on down to the local station house. And when local law enforcement is making hundreds of thousands of dollars off seized drug money – sometimes illegally – you've got the makings of a War Zone on Main Street.Rep Johnson has plans to introduce a bill that would reform the 1033 Program, which donated at least $500bn per year in military gear to virtually every police department in the country. "We not only lack serious oversight and accountability," Johnson wrote me in an email on Tuesday, "but we need some parameters put in place for what is appropriate." His legislation would put limitations on the transfer of certain kinds of military-grade equipment, and require the Pentagon to account for transfers of all such equipment in an annual report to Congress.
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  • The ACLU also made several recommendations in its report – state laws to restrain Swat teams, plus transparency and strict oversight – that all make sense, as do training sessions for more of our trigger-happy "rescue" officers. But this was perhaps the most endemic part of that report:Overall, 42% of people impacted by a Swat deployment to execute a search warrant were black and 12% were Latino. This means that of the people impacted by deployments for warrants, at least 54% were minorities.Whether this is by accident or design, the racial reality of America's militarized law enforcement offers yet another compelling reason why the dangerous trend of warrior-style policing needs to be re-examined – and then reversed.When the first Swat team was deployed in the late '60s, its target was a single remaining cell of the Black Panthers. Nearly half a century later, all the nation's a theater, and we are merely the pumpkin eaters – with half a million bucks worth of smashing, exploding, high-artillery gear for the taking.
Paul Merrell

Controversies - Unions Successfully Beat Back Movement to De-Militarize Police - AllGov... - 0 views

  • Critics of the post-9/11 trend of militarizing police forces across the United States thought the controversy in Ferguson, Missouri, would provide the momentum to roll back the armoring up of officers. But then the police unions showed off their power in Washington and reform efforts fizzed. As Bloomberg’s David Weigel wrote, even one of the most outspoken opponents of the federal 1033 program, which provides military surplus equipment to law enforcement, suddenly stopped talking about demilitarizing the police after labor groups lobbied Congress. Senator Rand Paul (R-Kentucky) said in August: “We must demilitarize the police.” “The militarization of our law enforcement is due to an unprecedented expansion of government power in this realm,” Paul wrote in an op -ed. “It is one thing for federal officials to work in conjunction with local authorities to reduce or solve crime. It is quite another for them to subsidize it.”
  • Paul, however, has stopped making noise about changing 1033, as have other politicians. That’s because groups like the National Sheriffs Association and the Fraternal Order of Police (FOP) had their members make phone calls to senators and representatives telling them how important it was to use military-type weapons for public safety purposes. FOP Executive Director Jim Pasco told Weigel that the uproar over the shooting of Michael Brown was mostly “some members of Congress had kneejerk reactions to the optics of Ferguson or the rhetoric of Ferguson,” said Pasco. “They thought there was something problematic about the equipment they saw on the streets. In the intervening period, some of them have come to see that beauty is in the eye of the beholder. It’s not what the equipment looks like, it’s what its utility is,” Pasco said.
Paul Merrell

Ferguson Police Militarization: Cash Flowed To Lawmakers Who Voted To 'Militarize' Police - 0 views

  • As local law enforcement has deployed martial tactics against those protesting the police killing of an 18-year-old in Ferguson, Missouri, a debate is suddenly raging over how municipal police forces came to resemble military units. A new report suggests the trend may, in part, have to do with campaign contributions to congressional lawmakers. At issue is the federal government’s so-called 1033 Program, which permits the Pentagon to give military hardware to local police departments. 
  • The group’s new report looked at a June congressional vote on legislation, offered by U.S. Rep. Alan Grayson, D-Fla., that would have blocked the Pentagon from spending resources on transferring military hardware to local police agencies. The bill was defeated 62-355.  According to data compiled by Maplight, the lawmakers “voting to continue funding the 1033 Program have received, on average, 73 percent more money from the defense industry than representatives voting to defund it.” In all, the average lawmaker voting against the bill received more than $50,000 in campaign donations from the defense industry in the last two years. The report also found that of the 59 lawmakers who received more than $100,000  from defense contractors in the last two years, only four voted for Grayson’s legislation. Though thought of as a political force primarily in federal policymaking, the defense industry also spends on state politics, which influences law enforcement procurement decisions. According to data compiled by the National Institute for Money in State Politics, more than $8 million of campaign contributions has been dumped into state elections in the last decade by military contractors and their employees.
  • Police officials say the equipment helps them better secure local communities. By contrast groups such as the American Civil Liberties Union have recently launched a national campaign to demilitarize local police departments. That campaign got a boost this week when Republican Sen. Rand Paul of Kentucky, a prospective 2016 presidential candidate, published an editorial in Time magazine echoing the ACLU’s message in the wake of the Ferguson shooting.  “When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury — national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture — we begin to have a very serious problem on our hands,” he wrote.
Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
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    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Paul Merrell

Obama Orders Review Of Transfers Of Military Surplus To Local Police : The Two-Way : NPR - 0 views

  • President Obama has ordered a review of federal programs that supply local law enforcement agencies with military weapons and equipment after concerns over how the police handled unrest in Ferguson, Mo., in the aftermath of the shooting death of Michael Brown. A senior Obama administration official says the president "whether state and local law enforcement are provided with the necessary training and guidance; and whether the federal government is sufficiently auditing the use of equipment obtained through federal programs and funding." The official also says the review would include input from the Domestic Policy Council, the National Security Council, the Office of Management and Budget, as well as the departments of Defense, Justice, Homeland Security and Treasury.
  • "There is a big difference between our military and our local law enforcement, and we don't want those lines blurred," the president told reporters at the White House. "That would be contrary to our traditions."
  • In June, the American Civil Liberties Union issued a report that warned of the excessive militarization of American law enforcement. As we reported at the time, the report highlighted, among other things, the growing use of SWAT teams for such seemingly mundane tasks as serving drug warrants.
Paul Merrell

Pentagon: Military arms transfers to police not 'program run amok' - Stripes - 0 views

  • The Defense Department is pushing back against criticism that it’s helping militarize local police forces by supplying them with surplus gear. “We don’t push equipment on anybody … It is made available to law enforcement agencies if they want it and if they qualify for it,” Pentagon Press Secretary Rear Adm. John Kirby said Tuesday. “There’s a lot of due diligence here. This isn’t some program run amok.”
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    If this "isn't some program run amok" then it's a program whose leadership has run amok. 
Paul Merrell

Federal Bureau of Investigation - Cincinnati [...] (via noodls) / Former Columbus Polic... - 0 views

  • COLUMBUS, OH-Former Columbus Police Officer Steven Edward Dean, 49, of Columbus, was sentenced in U.S. District Court to 30 months in prison for misappropriating and selling heavy equipment and other property the Columbus Division of Police received through a Department of Defense surplus program. Carter M. Stewart, U.S. Attorney for the Southern District of Ohio; Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI); Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS); and Columbus Police Chief Kim Jacobs announced the sentence handed down today by U.S. District Judge Michael H. Watson. According to court documents, an investigation by the Columbus Division of Police, the FBI and DCIS concluded that between October 1, 2005 and June 1, 2012, Dean diverted property with a fair market value of $251,570.94 the police department had received from the Defense Reutilization Marketing Office (DRMO) program. The embezzled items included $133,554.59 of heavy equipment, construction equipment, and vehicles; restaurant equipment; $94,163.25 of materials sold for scrap; and $16,353.15 worth of items, including diesel generators, sold to private persons. This conclusion was based on records obtained from the U.S. Department of Defense DRMO program, the state of Ohio offices involved with the DRMO program, scrapyard receipts, Craigslist online point-of-sale website records, restaurant supply records of sold equipment, and by viewing the items of property themselves.
  • Federal Bureau of Investigation - Cincinnati Field Office 08/13/2014 | Press release Former Columbus Police Officer Sentenced for Embezzling from Defense Department Surplus Program
  • "This is a major theft and embezzlement case involving a uniformed police officer stealing from his own department and involving property which should have otherwise been used to assist law enforcement, and all the equipment and vehicles were originally purchased with taxpayer dollars," Assistant U.S. Attorneys Doug Squires and Deborah Solove told the court prior to sentencing. "Today's sentencing demonstrates the Defense Criminal Investigative Service's ongoing commitment to combating fraud and corruption that impacts the Department of Defense's vital programs and operations," said Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), "DCIS, with our partner agencies, will continue to work tirelessly to investigate fraud involving the DoD's DRMO Law Enforcement Support Office which transfers excess property to law enforcement organizations across the United States." Dean pleaded guilty in February to one count of embezzlement from a program receiving federal funds and one count of theft of public property. Under terms of the plea agreement, Dean will forfeit $251,570.94 less the value of the recovered equipment. Dean was also sentenced to three years of supervised released following inprisonment. U.S. Attorney Stewart commended the investigation by DCIS, the FBI, and CPD, as well as Assistant U.S. Attorneys Doug Squires and Deborah Solove, who prosecuted the case.
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    Thanks for keeping us safe, Officer Dean. Related: http://www.dispositionservices.dla.mil/leso/Pages/default.aspx (DoD section1033 law enforcement donation program) and http://www.law.cornell.edu/uscode/text/10/2576a ("Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is- (A) suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and (B) excess to the needs of the Department of Defense.") 
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