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Paul Merrell

Defending Dissent » New Docs Show Army Coordinated Spy Ring - 1 views

www.defendingdissent.org/...army-spy-ring

surveillance state Army fusion-centers litigation

shared by Paul Merrell on 30 May 14 - No Cached
  • Army illegally supplied  intelligence on nonviolent antiwar protesters to FBI and police in multiple states Tacoma, WA – Recently obtained public records confirm an Army-led, multi-agency spy network that targeted “leftists/anarchists” as domestic terrorists. The Army used illegal infiltration to gather information on nonviolent antiwar protesters, disseminate it to the FBI and police departments in multiple states, and in some cases used it to disrupt planned protests by preemptively and falsely arresting activists. Public records obtained last month by Olympia activist Paul French reveal new evidence in the widely-watched Army spying case Panagacos v. Towery. An email from November 2007, in particular, shows that intelligence analyst John J. Towery was paid by the Army to infiltrate political groups and share unlawfully obtained intelligence with a growing network of law enforcement agencies, including the FBI, and police departments in Los Angeles, Portland, Eugene, Everett, and Spokane. The Towery email not only represents a broader spying program than previously thought, it also confirms the program was led by the Army, a fact contradicted by Towery’s 2009 sworn statements.
  • “The latest revelations show how the Army not only engaged in illegal spying on political dissidents, it led the charge and tried to expand the counterintelligence network targeting leftists and anarchists,” said Larry Hildes, a National Lawyers Guild attorney who filed the Panagacos lawsuit in 2010. “By targeting activists without probable cause, based on their ideology and the perceived political threat they represent, the Army clearly broke the law and must be held accountable.” Previously obtained public records indicate that absent such accountability, the Army will continue to spy on and target protesters, which it did until at least 2010, long after Towery’s identity was exposed. Public records previously obtained in 2009 already established that over a two-year period beginning in 2006, Towery (under the alias “John Jacob”) spied on the Olympia antiwar group Port Militarization Resistance (PMR) as well as several other organizations, including Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War. It has also already been established that Towery’s intelligence was passed on to the Washington State Fusion Center, a communications hub of  local, state and federal law enforcement, and then used by local police to target activists for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution
  • The recently disclosed Towery email was a follow-up to a 2007 Domestic Terrorism Conference he attended in Spokane, during which “domestic terrorist” dossiers on some of the Panagacos plaintiffs were distributed. The Towery email shows the development of a multi-agency spying apparatus in intimate detail. “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro,” wrote the Army analyst to several law enforcement officials. Towery references books, “zines and pamphlets,” and a “comprehensive web list” as source material, but cautions the officials on file sharing “because it might tip off groups that we are studying their techniques, tactics and procedures.” Towery, who worked at Joint Base Lewis-McChord, not only coordinated his actions with local, state and federal law enforcement agencies, many of whom are named defendants in the Panagacos case, he also admitted to eavesdropping on a confidential, privileged attorney-client email listserv of criminal defendants and their legal counsel. Such conduct is considered a constitutional violation, but Towery also took sensitive information from the listserv vital to a pending criminal trial in 2007 and passed it on to fusion center officials who then transmitted it to prosecutors, forcing a mistrial in a case the defense was winning handily. The case was later dismissed for prosecutorial misconduct.
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  • The public records disclosure comes as government spying and criticism of the National Security Agency’s surveillance program has reached a fever pitch. However, a little-known and rarely, if ever, enforced law from 1878 distinguishes the spying under Panagacos from that of the NSA. The Posse Comitatus Act prohibits the military from enforcing domestic laws on U.S. soil by making such actions a Gross Misdemeanor, yet to-date no official has been prosecuted under the Act. Instead of conceding to the violations, the Army is currently using the Panagacos case to try to seal nearly 10,000 pages of documents, many of which are incriminating and embarrassing to the government. The legal effort to unseal those documents will play out over the next few weeks. The Obama Administration tried to dismiss the Panagacos lawsuit, but in a Ninth Circuit decision from December 2012 the court rejected the government’s arguments, ruling that allegations of First and Fourth Amendment violations were “plausible,” and ordered the case to proceed to trial. The lawsuit was filed on behalf of seven PMR members who sought to oppose the wars in Iraq and Afghanistan through nonviolent civil disobedience and is being heard by U.S. District Court Judge Ronald B. Leighton. In addition to Towery, named defendants in Panagacos include Thomas Rudd, one of Towery’s superiors at Joint Base Lewis-McChord, the U.S. Army, Navy, and Coast Guard, as well as certain officials within its ranks, the City of Olympia and its police department, the City of Tacoma and its police department, Pierce County, and various personnel from those jurisdictions.
  • Panagacos v. Towery is currently in the discovery stage and is scheduled to go to trial in June 2014. Further information: Recently disclosed Towery email Panagacos lawsuit complaint Domestic terrorism dossiers on plaintiffs
  • Paul Merrell on 30 May 14
     
    One I had missed from February, 2014. I believe I had bookmarked something about this before the lawsuit was filed. Now not only has the case been filed but the alleged grounds for the lawsuit have been greenlighted by the 9th U.S. Circuit Court of Appeals. If you click through the link to the court's opinion, you'll find one of the Ninth Circuit's shorter opinions, less than five pages, which does not even mention that the defendants were employed by the U.S. Army or any branch of government, while still rejecting their claim of government officials' qualified immunity from suit for the alleged First and Fourth Amendment violations. The third amended complaint sufficiently alleged facts to support claims that had been clearly established as violative of the First and Fourth Amendments.   It's clear that the plaintiffs have smoking gun evidence and that the National Lawyers' Guild is all over this one. Trial is scheduled next month, according to the article. It's just under 300 miles from here to Seattle, but I just might make the trip to watch a few days of this trial. Strong First Amendment cases for damages that survive appellate review of the qualified immunity nearly always settle before trial. But this one smells like it is going to trial for publicity purposes even if not for the vindication of rights, considering the nature of the organizations involved both as targets of the surveillance and their lawyers. It's great entertainment watching government guys and gals squirm on the witness stand when they've been caught violating civil rights. In criminal cases, invoking the Fifth Amendment right against self-incrimination cannot be taken as evidence of guilt. But in a federal civil rights case, that entitles the plaintiffs to have the jury instructed that it can infer liability from the resort to the Fifth Amendment to refuse answering questions.  Better back in the day when I was the lawyer asking the questions. But it's still great fun just to watch
Paul Merrell

A Few Comments on the David Petraeus Plea Deal: What Money And Connections Buy You | Po... - 0 views

www.popehat.com/...-money-and-connections-buy-you

Petraeus plea-bargain misdemeanor no-jail litigation

shared by Paul Merrell on 04 Mar 15 - No Cached
  • David Petraeus, who suffered a fall worthy of a Greek tragedy when was caught leaking classified information to his biographer-girlfriend, has reached a plea deal with the feds, in the person of the U.S. Attorney's Office for the Western District of North Carolina.
  • Paul Merrell on 04 Mar 15
     
    Ken White, former federal prosecutor and my favorite blawger, has a righteous rant about the injustice of DoJ's sweet deal for former CIA head David Patraeus
Paul Merrell

California Tells Court It Can't Release Inmates Early Because It Would Lose Cheap Priso... - 0 views

thinkprogress.org/...-be-keeping-people-behind-bars

shared by Paul Merrell on 20 Nov 14 - No Cached
  • Out of California’s years-long litigation over reducing the population of prisons deemed unconstitutionally overcrowded by the U.S. Supreme Court in 2010, another obstacle to addressing the U.S. epidemic of mass incarceration has emerged: The utility of cheap prison labor. In recent filings, lawyers for the state have resisted court orders that they expand parole programs, reasoning not that releasing inmates early is logistically impossible or would threaten public safety, but instead that prisons won’t have enough minimum security inmates left to perform inmate jobs. The dispute culminated Friday, when a three-judge federal panel ordered California to expand an early parole program. California now has no choice but to broaden a program known as 2-for-1 credits that gives inmates who meet certain milestones the opportunity to have their sentences reduced. But California’s objections raise troubling questions about whether prison labor creates perverse incentives to keep inmates in prison even when they don’t need to be there.
  • As has been California’s practice in this litigation, California didn’t initially take the order that seriously. It continued to work toward reducing its prison population. In fact, the ballot initiative passed by voters in November to reclassify several nonviolent felonies as misdemeanors will go a long way toward achieving that goal. But it insisted that it didn’t have to do it the way the court wanted it to, because doing so could deplete the state’s source of inmate firefighters. The incentives of this wildfire and other labor programs are seemingly in conflict with the goal of reducing U.S. reliance on mass incarceration. But the federal judges overseeing this litigation were nonetheless sensitive to the state’s need for inmate firefighters. That’s why they ordered the state to offer 2-for-1 credits only to those many inmates who weren’t eligible for the wildfire program. This way, inmates who were eligible would still be incentivized to choose fighting wildfires, while those that weren’t could choose other rehabilitative work programs to reduce their sentence.
  • The debate centers around an expansive state program to have inmates fight wildfires. California is one of several states that employs prison labor to fight wildfires. And it has the largest such program, as the state’s wildfire problem rapidly expands arguably because of climate change. By employing prison inmates who are paid less than $2 per day, the state saves some $1 billion, according to a recent BuzzFeed feature of the practice. California relies upon that labor source, and only certain classes of nonviolent inmates charged with lower level offenses are eligible for the selective program. They must then meet physical and other criteria. In exchange, they get the opportunity for early release, by earning twice as many credits toward early release as inmates in other programs would otherwise earn, known as 2-for-1 credits. In February, the federal court overseeing California’s prison litigation ordered the state to expand this 2-for-1 program to some other rehabilitation programs so that other inmates who exhibit good behavior and perform certain work successfully would also be eligible for even earlier release.
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  • The Department of Corrections didn’t like this idea, either. It argued that offering 2-for-1 credits to any inmates who perform other prison labor would mean more minimum security inmates would be released earlier, and they wouldn’t have as large of a labor pool. They would still need to fill those jobs by drawing candidates who could otherwise work fighting wildfires, and would be “forced to draw down its fire camp population to fill these vital MSF [Minimum Support Facility] positions.” In other words, they didn’t want to have to hire full-time employees to perform any of the work that inmates are now performing. The plaintiffs had this to say in response: “Defendants baldly assert that if the labor pool for their garage, garbage, and city park crews is reduced, then ‘CDCR would be forced to draw-down its fire camp population to fill these vital MSF positions.’ That is a red herring; Defendants would not be ‘forced’ to do anything. They could hire public employees to perform tasks like garbage collection, garage work and recycling … ”
  • California Attorney General Kamala Harris told BuzzFeed News she was “shocked” to learn that the lawyers in her department had argued against parole credits because they wanted to retain their labor force. “I will be very candid with you, because I saw that article this morning, and I was shocked, and I’m looking into it to see if the way it was characterized in the paper is actually how it occurred in court,” Harris said in an interview with BuzzFeed published late Tuesday. “I was very troubled by what I read. I just need to find out what did we actually say in court.” Harris was referring to the Los Angeles Times’ report on the three-judge panel’s ruling, which included a line referencing that argument. While ThinkProgress does not know what lawyers for the state said in court, the written motions submitted in the litigation make very clear that the state did indeed argue against expanding the early release program on the basis that it would deplete the labor force.
  • Paul Merrell on 20 Nov 14
     
    In the land of the free and the home of the brave ...j California has been in deep judicial doo-doo because of massive prison overcrowding and years of ignoring federal court orders to drastically reduce its prison population, leading to a Supreme Court decision that basically said, "no more stalling." 
Paul Merrell

FBI Expands Public Corruption Investigation Of Clinton - 0 views

www.mintpressnews.com/...212668

Auction 2016 Hillary FBI-investigations corruption bribery

shared by Paul Merrell on 12 Jan 16 - No Cached
  • The FBI has expanded its investigation of Hillary Clinton’s use of a private email server during her time as secretary of State to determine whether her Clinton Foundation work violated public corruption laws, according to Fox News. The report is based on accounts by three unnamed sources. “The agents are investigating the possible intersection of Clinton Foundation donations, the dispensation of State Department contracts and whether regular processes were followed,” one of the sources told Fox. Critics of Clinton have questioned whether her work with her family’s foundation during her time as secretary of State may have constituted a conflict of interest, and whether the foundation’s donors wielded influence over her while she was in office. The FBI’s investigation up until now has been focused on the classified information shared in the emails.
  • The State Department has released over 3,000 emails from Clinton’s private server, 1,340 of which were deemed classified at some level. One of the Fox sources also said that the FBI is especially eager to pursue a high-profile public corruption case in the wake of what they believe was overly lenient treatment of former CIA Director David Petraeus, who pleaded guilty to a misdemeanor last year for mishandling classified information after it was revealed that he had given classified information to his mistress. Clinton, who is the front-runner in the Democratic presidential primary, has denied knowingly sending or receiving classified information over her private server.
  • Paul Merrell on 12 Jan 16
     
    So Hillary is reportedly now being investigated by the FBI on suspicion of accepting bribes for her actions as Secretary of State. Heavy stuff, the kind that should result in her withdrawal from the presidential campaign for the good of her party. But she won't do that unless the media really turns up the heat on her, which is extremely unlikely to happen. 
Paul Merrell

Trump's Immigration Order Expands the Definition of 'Criminal' - The New York Times - 1 views

www.nytimes.com/...p-immigration-deportation.html

immigration policy Trump Obama

shared by Paul Merrell on 29 Aug 19 - No Cached
  • After President Trump signed two sweeping executive orders on immigration on Wednesday, most of the attention was on his plans to build a wall along the border with Mexico and to hold back money from “sanctuary cities.” But the most immediate effect may come from language about deportation priorities that is tucked into the border wall order. It offers an expansive definition of who is considered a criminal — a category of people Mr. Trump has said he would target for deportation. Immigration agents will now have wider latitude to enforce federal laws and are being encouraged to deport broad swaths of unauthorized immigrants.
  • Each presidential administration must decide who it considers a priority for deportation. Mr. Trump’s order focuses on anyone who has been charged with a criminal offense, even if it has not led to a conviction. He also includes, according to language in the order, anyone who has “committed acts that constitute a chargeable criminal offense,” meaning anyone the authorities believe has broken any type of law — regardless of whether that person has been charged with a crime.Mr. Trump’s order also includes anyone who has engaged in “fraud or willful misrepresentation in connection with any official matter or application before a governmental agency,” a category that includes anyone who has used a false Social Security number to obtain a job, as many unauthorized immigrants do. Anyone who has received a final order to leave the country, but has not left, is also considered a priority.Finally, he allows the targeting of anyone who “in the judgment of an immigration officer” poses a risk to either public safety or national security. That gives immigration officers the broad authority they have been pressing for, and no longer requires them to receive a review from a supervisor before targeting individuals.
  • The order defines criminal loosely, and includes anyone who has crossed the border illegally — which is a criminal misdemeanor. Anyone who has abused any public benefits program is also considered a criminal under the order.The Obama administration, which deported nearly 400,000 people per year during its first five years, initially included those convicted of minor offenses such as shoplifting. But it later changed its policy to target primarily those who had been convicted of serious crimes, were considered national security threats or were recent arrivals. By the end of President Barack Obama’s time in office, around 90 percent of the country’s 11 million undocumented immigrants were not considered a priority for deportation. According to the Migration Policy Institute, a nonpartisan think tank, roughly 820,000 undocumented immigrants currently have a criminal record.
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