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Paul Merrell

White House: racial slurs in NSA intelligence material 'unacceptable' | World news | Th... - 0 views

  • The White House has instructed US security agencies to review their training and policy materials for racial or religious bias after documents leaked by Edward Snowden showed training material for the intelligence agencies referring to "Mohammed Raghead".After an extensive investigation by the Intercept on Wednesday reported that the NSA and the FBI spied on the emails of five prominent US activists and attorneys with Muslim backgrounds, White House spokeswoman Caitlin Hayden said that the administration took accusations of the slurs "extremely seriously." "Upon learning of this matter, the White House immediately requested that the director of national intelligence undertake an assessment of intelligence community policies, training standards or directives that promote diversity and tolerance, and as necessary, make any recommendations changes or additional reforms," Hayden said.It is at least the second time the White House has ordered a review of agency training materials said to include offensive language.
  • Hayden declined to provide additional detail on the scope or duration of the investigation. But it is reminiscent of an earlier incident in which the White House ordered the government's vast counter-terrorism apparatus to find and purge inflammatory training material, particularly that which singled out Muslims for particular scrutiny. In 2011, this reporter published FBI training material instructing newer counter-terrorism agents that Islam itself was a threat to US national security and compared the prophet Muhammad to a cult leader. Initial FBI pushback gave way to an inquiry, at the instruction of the White House, that removed significant quantities of offensive or imprecise training material. That instruction came six years after the "Mohammed Raghead" material and stretched far beyond the FBI. Anti-Islam training material, including some urging "Hiroshima" tactics against Islamic nations, was found and removed from professional education courses for US military officers, at the behest of Army General Martin Dempsey, the chairman of the joint chiefs of staff.
  • The accusation is one of the gravest the US intelligence agencies have faced in the year since the Guardian and other news outlets began publishing material leaked by Snowden. A central aspect of the intelligence agency's public defense is that it cannot surveil US persons for constitutionally-protected activity and that its court-certified privacy protections are too robust to allow for privacy intrusions of the sort the Intercept reported.The allegation threatens to sever the tenuous relationship between US law enforcement and surveillance agencies and American Muslim communities, many of whom have long suspected that their government views them as an internal threat and not a population to be protected.The NSA, the Justice Department and the Office of the Director of National Intelligence sharply pushed back against the accusations that protected speech, unrelated to terrorism or espionage, turned American Muslims into counterterrorism targets.
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  • The Obama administration has strained to reconcile the vast counter-terrorism bureaucracy with its policy declarations that the US is not at war with Islam and has attempted, with mixed results, to cultivate a less militarized and security-focused relationship with US Muslims, often preferring the term "countering violent extremism" over "counter-terrorism".In some anti-Islam circles, the removal of the instructional material is infamous and considered evidence of an administration capitulation to Islam – the exact opposite of the concern raised by the Intercept on Wednesday. The Intercept report, by former Guardian columnist Glenn Greenwald, Murtaza Hussain and Josh Meyer, suggested a persistent counter-terrorism atmosphere in which the mixture of Muslim heritage or faith and political activism attracted the scrutiny of US security agencies, despite first amendment protections. It presented the cases of five American activists and attorneys of Muslim heritage who appear to have been targeted for surveillance, at least between 2002 and 2008. None have been charged with a crime.
  • US Muslim leaders and civil rights groups reacted with fury to the Intercept report.A coalition of 44 civil rights organizations wrote Obama on Wednesday to request a meeting with him, attorney general Eric Holder and FBI director James Comey. "In short, the government’s domestic counterterrorism policies treat entire minority communities as suspect, and American Muslims have borne the brunt of government suspicion, stigma and abuse," reads an open letter issued by a coalition that includes the ACLU, the Presbyterian Church (USA), the Arab-American Institute, and dozens of others.In a statement, the law firm Muslim Advocates said the spying, apparently conducted between 2002 and 2008, "confirms the worst fears of American Muslims"."The federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage," the group said. "The report clearly documents how biased training by the FBI leads to biased surveillance."
  • Vincent Warren, executive director of the Center for Constitutional Rights, issued a statement comparing the surveillance of Nihad Awad of the Council on American-Islamic Relations, named by the Intercept as one of the five surveillance targets, to the infamous surveillance of the Civil Rights Movement."The NSA’s surveillance of Nihad Awad and CAIR fits the same pattern as the FBI surveillance of Martin Luther King Jr, Ella Baker, Jesse Jackson, Malcolm X, and other leaders of the civil rights movement. Then it was based on manufactured suspicions of associations with the Communist party. Now it is seemingly based on unproven claims of tangential associations with Hamas," Warren said.
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    Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.
Paul Merrell

US criticised by UN for human rights failings on NSA, guns and drones | World news | th... - 0 views

  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
Paul Merrell

Court rules Bush officials can be sued for post-9/11 detentions | TheHill - 0 views

  • A top federal court on Wednesday ruled that people held for months on end for immigration violations following Sept. 11, 2001, can sue top government officials for racial profiling and other abuses.The split decision from a three-judge panel on the Second Circuit Court of Appeals comes after more than a decade of litigation, and could lead to increased scrutiny on the government’s behavior following the 2001 terror attack.  ADVERTISEMENT“We simply cannot conclude at this stage that concern for the safety of our nation justified the violation of the constitutional rights on which this nation was built,” Judges Rosemary Pooler and Richard Wesley wrote in their 109-page decision.“The question at this stage of the litigation is whether the [eight foreigners arrested on immigration charges] have plausibly pleaded that the [government officials] exceeded the bounds of the Constitution in the wake of 9/11,” they wrote. “We believe that they have.”
  • After being arrested for immigration charges such as overstaying a visa or working without legal authorization after 9/11, the men were held from between three to eight months in New York or New Jersey. The men, who are all Arab or South Asian, were detained for being “suspected terrorists” and claim that they were abused by prison guards and subjected to extended solitary confinement.In 2002, they filed a class action lawsuit againt then-Attorney General John Ashcroft, then-FBI Director Robert Mueller and other federal and local law enforcement officials.Wednesday’s decision allows that suit to go forward.“The Constitution defines the limits of the Defendants’ authority,” the two judges wrote, “detaining individuals as if they were terrorists, in the most restrictive conditions of confinement available, simply because these individuals were, or appeared to be, Arab or Muslim exceeds those limits.”
  • The lawsuit is Turkmen v. Ashcroft.
Paul Merrell

Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup | Just... - 0 views

  • I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have to rethink some of that analysis in light of this morning’s landmark ruling by the Second Circuit in Turkmen v. Hasty, the class action arising out of the post-September 11 roundup and detention of certain groups of immigrants in and around New York. In a nutshell (given that the majority opinion runs to 109 pages), Judges Rosemary Pooler and Ronald Wesley (Clinton and George W. Bush appointees, respectively) hold that (1) Bivens provides a cause of action for damages for the plaintiffs’ Fourth Amendment strip-search, Fifth Amendment substantive due process, and Fifth Amendment equal protection claims (albeit not their free exercise claim); (2) the facts alleged in the complaint are sufficient to overcome Iqbal; and (3) five former federal officials, including Attorney General John Ashcroft, FBI Director Robert Mueller, INS Commissioner James Ziglar, MDC Warden Dennis Hasty, and Associate Warden James Sherman, are not entitled to qualified immunity on the plaintiffs’ policy-challenging allegations of punitive and discriminatory confinement and unreasonable strip searches.
  • As Judge Raggi describes in her 91-page dissent, the majority nevertheless narrows the class of plaintiffs to only (1) those non-citizens confined in the MDC’s most restrictive housing unit; and (2) for restrictive confinement after the defendants allegedly learned that the plaintiffs were being detained without individualized suspicion of their connection to terrorism. But it’s still by far the most plaintiff-friendly circuit ruling in a post-9/11 damages suit. In her words, “Today, our court becomes the first to hold that a Bivens action can be maintained against the nation’s two highest ranking law enforcement officials . . . for policies propounded to safeguard the nation in the immediate aftermath of the infamous al Qaeda terrorist attacks of September 11, 2001.” There’s surely a lot more to say about the 200 pages of opinions in this case–and the analyses of Bivens and qualified immunity, in particular. For that reason, among others, I suspect this is not the last we’ll hear of it…
Paul Merrell

Jim Crow returns | Al Jazeera America - 0 views

  • Election officials in 27 states, most of them Republicans, have launched a program that threatens a massive purge of voters from the rolls. Millions, especially black, Hispanic and Asian-American voters, are at risk. Already, tens of thousands have been removed in at least one battleground state, and the numbers are expected to climb, according to a six-month-long, nationwide investigation by Al Jazeera America. At the heart of this voter-roll scrub is the Interstate Crosscheck program, which has generated a master list of nearly 7 million names. Officials say that these names represent legions of fraudsters who are not only registered but have actually voted in two or more states in the same election — a felony punishable by 2 to 10 years in prison. Until now, state elections officials have refused to turn over their Crosscheck lists, some on grounds that these voters are subject to criminal investigation. Now, for the first time, three states — Georgia, Virginia and Washington — have released their lists to Al Jazeera America, providing a total of just over 2 million names.
  • The Crosscheck list of suspected double voters has been compiled by matching names from roughly 110 million voter records from participating states. Interstate Crosscheck is the pet project of Kansas’ controversial Republican secretary of state, Kris Kobach, known for his crusade against voter fraud. The three states’ lists are heavily weighted with names such as Jackson, Garcia, Patel and Kim — ones common among minorities, who vote overwhelmingly Democratic. Indeed, fully 1 in 7 African-Americans in those 27 states, plus the state of Washington (which enrolled in Crosscheck but has decided not to utilize the results), are listed as under suspicion of having voted twice. This also applies to 1 in 8 Asian-Americans and 1 in 8 Hispanic voters. White voters too — 1 in 11 — are at risk of having their names scrubbed from the voter rolls, though not as vulnerable as minorities.If even a fraction of those names are blocked from voting or purged from voter rolls, it could alter the outcome of next week’s electoral battle for control of the U.S. Senate — and perhaps prove decisive in the 2016 presidential vote count.
  • Based on the Crosscheck lists, officials have begun the process of removing names from the rolls — beginning with 41,637 in Virginia alone. Yet the criteria used for matching these double voters are disturbingly inadequate.
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  • In practice, all it takes to become a suspect is sharing a first and last name with a voter in another state. Typical “matches” identifying those who may have voted in both Georgia and Virginia include:Kevin Antonio Hayes of Durham, North Carolina, is a match for a man who voted in Alexandria, Virginia, as Kevin Thomas Hayes.John Paul Williams of Alexandria is supposedly the same man as John R. Williams of Atlanta, Georgia.Robert Dewey Cox of Marietta, Georgia is matched with Robert Glen Cox of Springfield, Virginia.
  • That was the sales pitch. But the actual lists show that not only are middle names commonly mismatched and suffix discrepancies ignored, even birthdates don’t seem to have been taken into account. Moreover, Crosscheck deliberately ignores Social Security mismatches, in the few instances when the numbers are even collected. The Crosscheck instructions for county election officers state, “Social Security numbers are included for verification; the numbers might or might not match.”
  • There are 6,951,484 names on the target list of the 28 states in the Crosscheck group; each of them represents a suspected double voter whose registration has now become subject to challenge and removal. According to a 2013 presentation by Kobach to the National Association of State Election Directors, the program is a highly sophisticated voter-fraud-detection system. The sample matches he showed his audience included the following criteria: first, last and middle name or initial; date of birth; suffixes; and Social Security number, or at least its last four digits.
  • Al Jazeera America visited these and several other potential double voters. John Paul Williams of Alexandria insists he has never used the alias “John R. Williams.” “I’ve never lived in Georgia,” he says.Jo Cox, wife of suspected double voter Robert Glen Cox of Virginia, says she has a solid alibi for him. Cox “is 85 years old and handicapped. He wasn’t in Georgia. Never voted there,” she says. He has also never used the middle name “Dewey.” Twenty-three percent of the names — nearly 1.6 million of them — lack matching middle names. “Jr.” and “Sr.” are ignored, potentially disenfranchising two generations in the same family. And, notably, of those who may have voted twice in the 2012 presidential election, 27 percent were listed as “inactive” voters, meaning that almost 1.9 million may not even have voted once in that race, according to Crosscheck’s own records.
  • Mark Swedlund is a specialist in list analytics whose clients have included eBay, AT&T and Nike. At Al Jazeera America’s request, he conducted a statistical review of Crosscheck’s three lists of suspected double voters. According to Swedlund, “It appears that Crosscheck does have inherent bias to over-selecting for potential scrutiny and purging voters from Asian, Hispanic and Black ethnic groups. In fact, the matching methodology, which presumes people in other states with the same name are matches, will always over-select from groups of people with common surnames.” Swedlund sums up the method for finding two-state voters — simply matching first and last name — as “ludicrous, just crazy.”
  • elen Butler is the executive director of Georgia’s Coalition for the Peoples’ Agenda, which conducts voter drives in minority communities. Any purge list that relies on name matches will contain a built-in racial bias against African-Americans, she says, because “We [African-Americans] took our slave owners’ names.” The search website PeopleSmart notes that 86,020 people in the United States have the name John Jackson. And according to the 2000 U.S. Census, which is the most recent data set, 53 percent of Jacksons are African-American.
  • In North Carolina, state officials have hired former FBI agent Charles W. “Chuck” Stuber, who played a major role in the campaign finance fraud case brought against former North Carolina Sen. John Edwards, to, in the words of their press release, “investigate cases of possible voter fraud identified by an interstate cross-check comparing election records from 28 states.”
  • But despite knowing the names and addresses of 192,207 supposed double voters in the state, Stuber has not nabbed a single one in his five months on the job. Josh Lawson, a spokesman for the board of elections, says, “This agency has made no determination as to which portion of these [lists] represent data error or voter fraud.” In fact, to date, Lawson admits that Stuber has found only errors and not one verified fraudulent voter.
Paul Merrell

Exclusive: TSA's Secret Behavior Checklist to Spot Terrorists - The Intercept - 0 views

  • Fidgeting, whistling, sweaty palms. Add one point each. Arrogance, a cold penetrating stare, and rigid posture, two points. These are just a few of the suspicious signs that the Transportation Security Administration directs its officers to look out for — and score — in airport travelers, according to a confidential TSA document obtained exclusively by The Intercept. The checklist is part of TSA’s controversial program to identify potential terrorists based on behaviors that it thinks indicate stress or deception — known as the Screening of Passengers by Observation Techniques, or SPOT. The program employs specially trained officers, known as Behavior Detection Officers, to watch and interact with passengers going through screening. The document listing the criteria, known as the “Spot Referral Report,” is not classified, but it has been closely held by TSA and has not been previously released. A copy was provided to The Intercept by a source concerned about the quality of the program.
  • Fidgeting, whistling, sweaty palms. Add one point each. Arrogance, a cold penetrating stare, and rigid posture, two points. These are just a few of the suspicious signs that the Transportation Security Administration directs its officers to look out for — and score — in airport travelers, according to a confidential TSA document obtained exclusively by The Intercept. The checklist is part of TSA’s controversial program to identify potential terrorists based on behaviors that it thinks indicate stress or deception — known as the Screening of Passengers by Observation Techniques, or SPOT. The program employs specially trained officers, known as Behavior Detection Officers, to watch and interact with passengers going through screening.
  • The document listing the criteria, known as the “Spot Referral Report,” is not classified, but it has been closely held by TSA and has not been previously released. A copy was provided to The Intercept by a source concerned about the quality of the program. The checklist ranges from the mind-numbingly obvious, like “appears to be in disguise,” which is worth three points, to the downright dubious, like a bobbing Adam’s apple. Many indicators, like “trembling” and “arriving late for flight,” appear to confirm allegations that the program picks out signs and emotions that are common to many people who fly.
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  • A TSA spokesperson declined to comment on the criteria obtained by The Intercept. “Behavior detection, which is just one element of the Transportation Security Administration’s (TSA) efforts to mitigate threats against the traveling public, is vital to TSA’s layered approach to deter, detect and disrupt individuals who pose a threat to aviation,” a spokesperson said in an emailed statement.
  • Since its introduction in 2007, the SPOT program has attracted controversy for the lack of science supporting it. In 2013, the Government Accountability Office found that there was no evidence to back up the idea that “behavioral indicators … can be used to identify persons who may pose a risk to aviation security.” After analyzing hundreds of scientific studies, the GAO concluded that “the human ability to accurately identify deceptive behavior based on behavioral indicators is the same as or slightly better than chance.” The inspector general of the Department of Homeland Security found in 2013 that TSA had failed to evaluate SPOT, and “cannot ensure that passengers at United States airports are screened objectively, show that the program is cost-effective, or reasonably justify the program’s expansion.” Despite those concerns, TSA has trained and deployed thousands of Behavior Detection Officers, and the program has cost more than $900 million since it began in 2007, according to the GAO.
  • The 92-point checklist listed in the “Spot Referral Report” is divided into various categories with a point score for each. Those categories include a preliminary “observation and behavior analysis,” and then those passengers pulled over for additional inspection are scored based on two more categories: whether they have “unusual items,” like almanacs and “numerous prepaid calling cards or cell phones,” and a final category for “signs of deception,” which include “covers mouth with hand when speaking” and “fast eye blink rate. Points can also be deducted from someone’s score based on observations about the traveler that make him or her less likely, in TSA’s eyes, to be a terrorist. For example, “apparent” married couples, if both people are over 55, have two points deducted off their score. Women over the age of 55 have one pointed deducted; for men, the point deduction doesn’t come until they reach 65. Last week, the ACLU sued TSA to obtain records related to its behavior detection programs, alleging that they lead to racial profiling. The lawsuit is based on a Freedom of Information Act request the ACLU filed last November asking for numerous documents related to the program, including the scientific justification for the program, changes to the list of behavior indicators, materials used to train officers and screen passengers, and what happens to the information collected on travelers.
  • “The TSA has insisted on keeping documents about SPOT secret, but the agency can’t hide the fact that there’s no evidence the program works,” said Hugh Handeyside, staff attorney with the ACLU National Security Project, in a statement announcing the lawsuit. Being on the lookout for suspicious behavior is a “common sense approach” that is used by law enforcement, according to TSA. “No single behavior alone will cause a traveler to be referred to additional screening or will result in a call to a law enforcement officer (LEO),” the agency said in its emailed statement. “Officers are trained and audited to ensure referrals for additional screening are based only on observable behaviors and not race or ethnicity.” One former Behavior Detection Officer manager, who asked not to be identified, said that SPOT indicators are used by law enforcement to justify pulling aside anyone officers find suspicious, rather than acting as an actual checklist for specific indicators. “The SPOT sheet was designed in such a way that virtually every passenger will exhibit multiple ‘behaviors’ that can be assigned a SPOT sheet value,” the former manager said.
  • The signs of deception and fear “are ridiculous,” the source continued. “These are just ‘catch all’ behaviors to justify BDO interaction with a passenger. A license to harass.” The observations of a TSA screener or a Behavior Detection Officer shouldn’t be the basis for referring someone to law enforcement. “The program is flawed and unnecessarily delays and harasses travelers. Taxpayer dollars would be better spent funding real police at TSA checkpoints,” the former manager said. A second former Behavior Detection Officer manager, who also asked not to be identified, told The Intercept that the program suffers from lack of science and simple inconsistency, with every airport training its officers differently. “The SPOT program is bullshit,” the manager told The Intercept. “Complete bullshit.”
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    I've completely boycotted airlines in the U.S. since 2002 because I refuse to submit to the outrageous treatment by government that is now required to board a commercial airliner. If the airlines want my business, they need to start lobbying to end the politics of fear and the Gestapo tactics of government. plus pushing for an honest investigation of the 9/11/2001 incidents.  
Paul Merrell

2015: The Year Police Killings In America Were Counted - 0 views

  • The Black Lives Matter movement that swept the country in 2015 has—among other accomplishments—forced global media outlets to afford victims of police killings the most basic acknowledgement: a public record of their names and deaths. Such a grim tally was maintained this year by both the Guardian and the Washington Post, following the consistent failure of the U.S. government to keep adequate records. According to the Guardian, 1,126 people were killed by police so far in 2015, averaging more than three a day, with 27 percent of those slain facing mental health issues. The numbers confirm the racial injustices highlighted by nationwide protests. Among black people in America, 6.9 per million were killed by police, compared to 2.86 white people per million. In other words, African-Americans were nearly 2.5 times as likely to be killed by police as their white counterparts. Native-Americans and Latinos were also disproportionately likely to have their lives taken by law enforcement, with 3.4 per million and 3.35 per million killed respectively.
  • The high number of killings was corroborated by the Washington Post, which only tracks fatal police shootings—not killings by taser, beating, and other forms of force, such as the high-profile death of African-American man Freddie Gray in Baltimore. The paper concluded, nonetheless, that nearly 1,000 civilians were shot and killed by police this year. What’s more, the Post‘s analysis found that the FBI, which is tasked with tracking such shootings, is dramatically undercounting killings because “fewer than half of the nation’s police departments report their incidents to the agency.” “The Post documented well more than twice as many fatal shootings this year as the average annual tally reported by the FBI over the past decade,” journalists Kimberly Kindy, Marc Fisher, Julie Tate, and Jennifer Jenkins reported this week.
  • But perhaps, more than anything, both databases show that heightened visibility, in itself, will not end police killings or bring justice to its victims.
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