Judge sides with FBI in Orange County Muslim spying suit
RT | August 15, 2012
A US federal judge dismissed a lawsuit against the FBI over the agency’s controversial practice of spying on California Muslims, arguing the disclosure of a potentially unconstitutional domestic spy program might reveal sensitive state secrets.
District Judge Cormac J. Carney ruled that “the state secrets privilege may unfortunately mean the sacrifice of individual liberties for the sake of national security,” the LA Times reported.
Judge Carney claims to have reached his conclusion after reviewing confidential statements by top FBI officials. The judge ruled that the domestic espionage program – dubbed Operation Flex – involved “intelligence that, if disclosed, would significantly compromise national security.”
The lawsuit against the FBI was filed jointly by the American Civil Liberties Union (ACLU) and the Council of American Islamic Relations (CAIR) in 2011, on behalf of the Muslim community in Orange Country, California.
The litigants claim the FBI violated their civil liberties by employing an undercover informant, identified as Craig Monteilh, in a dragnet operation that targeted individuals on the basis of their religious beliefs. Monteilh infiltrated local mosques and installed bugging devices in offices, homes and places of worship.
ACLU attorney Peter Bibring said the ruling is “terribly unfortunate that there’s a doctrine in the law that allows courts to throw out cases that allege serious constitutional violations based on secret evidence the judge reviews behind closed doors that never sees the light of day,” the LA Times cited him as saying. “That shouldn’t be in a democratic society.”
The plaintiffs vowed to appeal the decision.
Monteilh previously admitted to spying on the Islamic Center of Irvine from July 2006 to October 2007, as well as ten other Southern California mosques.
Financial incentives and pressure from his FBI handler led him to use entrapment and other unethical tactics to ensnare targets “on a daily basis for over a year,” Monteilh said to RT in April. He also described how blackmail was used to force other Muslims to turn informant.
“That was part of my role in Operation Flex,” he said. “For example, in my conversations, or in their private conversations, certain things would come up. Like if a Muslim man was married and he had a girlfriend, a mistress, the FBI would use that information to blackmail that individual to become an informant. Or someone, perhaps, had a different sexual orientation. Or a certain youth had recreational drug use or desire to use certain narcotics. The FBI would use this information to blackmail them to become an informant.”
Montelih explained how the FBI supplied him with ‘fobs’ – sophisticated surveillance devices the size of a car remote – which he routinely planted at “the Imams’ offices, in certain board members’ offices, certain worshipers’ cars, in their homes” and “around the mosques where I would frequently pray.” He also described using a secret video recorder that had been sewn into his shirt.
He claims the operation eventually expanded abroad, and grew to involve the Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Monteilh was previously convicted and served time for cashing fraudulent checks. He also filed a suit against the government, alleging that his rights had been violated and his life was endangered while employed by the FBI. His case was dismissed earlier this year.
A portion of the case may still go to trial, with Judge Carney branding some of the civil liberties violations of Operation Flex “disturbing.”
Judge Carney permitted the suit to stand against five individual FBI agents – though not the entire bureau – under the Foreign Intelligence Surveillance Act. The act, signed into law in 1978, imposed certain procedures for the physical and electronic surveillance and collection of “foreign intelligence information” between “foreign powers” and “agents of foreign powers,” which in some cases may include American citizens and permanent residents suspected of being engaged in espionage.
The FBI admitted that Monteilh was used during the operation, but has denied engaging in any unconstitutional practices, claiming that the bureau was investigating credible evidence of potential terrorist activity.
Attorneys representing two of the agents being charged say there is little they can do to defend their clients against Monteilh’s accusations, as the information surrounding their investigation was classified.
“Our clients literally are defenseless to defend themselves,” attorney David Scheper said. “It’s just not a fair fight.”
~~~
Civil rights attorneys to appeal FBI Muslim spying lawsuit decision
FBI raids homes of Occupy activists
Press TV – August 14, 2012
A US newspaper has revealed that the FBI has been raiding the houses of anti-Wall Street protesters in Oregon and Washington in what the agency describes an “ongoing violent crime investigation.”
The Oregonian newspaper reported that heavily-armed domestic terrorism units of the FBI have been raiding the homes of activists in Seattle and Olympia, Washington and Portland, Oregon over the last month.
The report said that at least six homes have been raided in the two states since July 10.
The FBI has described the raids as part of an ongoing violent crime investigation, linked to last year’s Occupy May Day protests, during which a number of minor acts of vandalism allegedly took place.
In one of the raids, eyewitnesses reported as many as 80 agents in body armor, wearing military fatigues, and armed with assault rifles participated in the raid.
“I just heard lots of pounding at 6 o’clock, and I got up and I saw the whole thing,” said one of the eyewitnesses, adding, “I saw them screaming to get in. They were using the battering ram, and then finally the door just opened.”
FBI spokeswoman Beth Anne Steele told the newspaper, “The warrants are sealed… and I anticipate they will remain sealed.”
The paper said the agents were searching for “anti-government or anarchist literature or material” and “documentation and communications related to the offenses, including but not limited to notes, diagrams, letters, diary and journal entries, address books, and other documentation in written or electronic form.”
The Occupy Wall Street movement began when a group of demonstrators gathered in New York’s financial district on September 17, 2011 to protest against corruption, the unjust distribution of wealth in the country, and the excessive influence of big corporations on US policies.
Related articles
- Heavily-armed FBI Raids Target Activists ‘To Learn More About Them’ (alexanderhiggins.com)
Missouri mosque razed in arson attack
Press TV – August 6, 2012
A mosque in the Midwestern US state of Missouri has been completely destroyed in a suspected arson attack, the second attack to hit the place of worship in a little more than a month.
The Jasper County Sheriff’s Office said the fire at the Islamic Society of Joplin was reported around 3:40 a.m. (0840 GMT), AFP reported on Monday.
“The building was completely destroyed,” said Sharon Rhine, a spokeswoman for the office, noting that no injuries were reported and no charges have been filed.
“No-one was apprehended. They don’t want to call it a hate crime without information or knowledge of having someone to charge,” Rhine added.
The Islamic Society’s religious leader, Imam Lahmuddin, said he was “sad and shocked” about the fire.
“We just take this as a test from God. God is testing us. This is the month of Ramadan. We are fasting. We are not supposed to get angry, we are not supposed to say anything bad,” Lahmuddin said. “But that’s not only for this month, but for every day of our lives. In Ramadan we are more careful in guarding our tongues, not to say anything inappropriate.”
On July 4, the same building became the target of a failed arson attack. No arrests were made and the FBI offered a USD15,000 reward for information leading to the arrest and indictment of the suspected arsonist.
“If it (Monday fire) is determined to be deliberately set, then we will look to see if there’s a connection between this fire and the one set on July 4,” said Bridget Patton, spokesperson for the FBI in Kansas City, Missouri.
Local community members say it is one of a series of attacks on their mosque since it was founded in 2007.
“Since the establishment of the mosque, we’ve been constantly under attack,” said former mosque board member Navid Zaidi, adding that “Our sign has been burnt … Our mailbox was smashed multiple times. We had bullets shot at our sign.”
The Monday incident came a day after a deadly shooting at a Sikh temple in the Milwaukee suburb of Oak Creek in Wisconsin, which took the lives of six people.
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FBI ‘Primer’ Instructs Interrogators to Break Detainees Through Isolation
By Kevin Gosztola | FireDogLake | August 2, 2012
A “primer” from the Federal Bureau of Investigation (FBI) seems to encourage the use of isolation to break down prisoners in overseas prisons. Published in 2011, it advocates the use of this coercive measure to break detainees ahead of interrogations, which violates or runs contrary to FBI policy.
The American Civil Liberties Union (ACLU) obtained the “primer” through a Freedom of Information Act (FOIA) request. Devon Chaffee, Legislative Council for the ACLU, says it is the first document she has seen “that’s written by an FBI agent” and “explicitly recommends that FBI agents recommend that detainees be put in isolation.”
Here is part of the primer that led the ACLU to be concerned:
…For the safety of other detainees in the facility, detainees fresh from the battlefield should be detained in individual cells until complete assessment can be made. The assessment can be considered to be complete when the decision has been made whether to release the detainee or send him to long term detention facility. Additionally, access to anything above the baseline level of treatment provided to all detainees should be strictly controlled by the assigned Interrogator. Granting this authority and control to the Interrogator places the Interrogator in a position of power that can provide an advantage when crafting an approach strategy.
Isolation of the detainee not only ensures the safety of other detainees but also prevents the individual detainee from drawing strength from the support and companionship of other detainees It also prevents collusion on cover stories between detainees. A large part of the Interrogators advantage is the natural fear of the unknown that the detainee will be experiencing. Exposure to other detainees will mitigate that fear. You may not be in a position to influence how your subject is held, but at a minimum you should know if he has been held in a communal cell prior to interrogation…
Chaffee considers this to be problematic because “isolation was component of many of the abusive interrogations that took place” after the September 11th attacks. Isolation can lead to serious abuses in interrogation. The FBI also has a policy that prohibits the “use of coercion in interrogation” and the FBI and Supreme Court have recognized that “isolation in interrogation is an indication of coercion.” [For these reasons, the ACLU sent a letter to FBI director Robert Mueller.]
The FBI would presumably contend the isolation is only done for so-called security purposes, however, additional language in the “primer” makes it clear the isolation is intended to inflict a psychological impact on detainees so they are essentially in a state of “learned helplessness” (like what the CIA has done to detainees in their custody whom they’ve tortured).
…[D]etainees should not be held in the clothing they are captured in. Detaining a subject in his own clothing could impact negatively on the health and safety of detention facility personnel and other detainees in the facility. Having the detainee change into hospital pajamas, or some other generic clothing, and flip flops has the added benefit of removing a potential source of comfort and an anchor to the world outside the detention facility. This is an important step in the process of detaching the detainee from the outside world and replacing his concern for his cause and his colleagues with a concern for his own fate…
…In order to create the optimum conditions for a productive interview, if the policy of the facility permits, consider having your detainee placed in an individual cell several days before you begin interrogation. If you are conducting law enforcement interviews in a DOD facility, a formal request from the FBI must be made to isolate a detainee. This request must be approved by the first O-6 in the chain of command.
Keep in mind that a thorough interrogation may be a multi-session, multi-day process. Having your subject return to a communal cell between sessions is completely counterproductive. A subject returning to a communal cell will feel pressure from fellow detainees based on the duration of his absence from the cell and the knowledge that he will be questioned by his peers upon his return. Isolation of your subject removes this intangible, but extremely powerful, influence from your subject. [emphasis added]
Chaffee notes, ”There are some legitimate administrative reasons why a detainee for a limited amount of time would need to be isolated, potentially at his request or for his protection from other detainees in the facility, for instance.” But, “the way that it is described and the language that is being used” suggests the isolation is being employed to “break a detainee’s will” and that to the ACLU “seems inherently coercive.”
Also, there is no need to “separate the detainee from the entire population” if collusion is suspected. Just separate the detainee from the detainee(s) he is suspected of colluding with. And, if a decision to separate detainees needs to be made, the head of the facility should make that decision. Why should an FBI interrogator be in a position to make this decision?
It is unclear if this encouragement for isolation is re-emerging in policy. However, Chaffee argues the FBI should not be asking foreign governments or other agencies to engage in conduct that the FBI agents are prohibited from engaging in, especially when this conduct could potentially lead to human rights abuses.
A final note: creating a state of “learned helplessness” in a prisoner, a concept developed by positive psychologist Martin Seligman, can deliberately make that prisoner ill.
This post by David Dobbs over at ScienceBlogs.com (a partner with National Geographic) explains that “some studies have shown ‘learned helplessness’ to be an apt model for major depression from both a behavioral and even a neurological perspective. In a sense, then, to intentionally produce it in someone by causing them pain and distress in a situation they are powerless to change is to inflict on them a mental illness.” Inducing a state of helplessness or depression in a person through isolation—which is torture—will likely make a human very ill.
Given this scientific reality, the FBI’s ‘primer’ unmistakably encourages the cruel and inhuman treatment of prisoners.
Related articles
- Pentagon: ‘Gitmo drugged prisoners for their sake… then interrogated’ (alethonews.wordpress.com)
- FBI Interrogation Primer Encourages Prisoner Isolation (aclu.org)
FBI Prepares Billion-Dollar Iris Recognition Database
By Matt Bewig | AllGov | July 08, 2012
With at least 30 million surveillance cameras watching Americans every day, one aspect of the world of George Orwell’s dystopian novel 1984 has already come to pass, and more is on the way. In the next two years, for example, the FBI plans to test a nationwide database for searching iris scans to more quickly identify persons “of interest” to the government. The human iris, which is the doughnut-shaped, colored part of the eye that surrounds the black pupil, exhibits a pattern unique to each individual, just as fingerprints do, and iris recognition has been a staple of science fiction stories and films for years.
Iris scanning is part of the FBI’s Next-Generation Identification system, a multiyear $1 billion program built by Lockheed Martin and already well underway for several years, which will expand the FBI’s server capacity to allow for rapid matching not only of iris scans, but also of additional physical identifiers, such as fingerprints, palm prints and facial images. The FBI intends to test the system in conjunction with prisons, some of which already use iris scans to track prisoners and prevent mistakes of identification. According to the FBI, the time for urgent criminal fingerprint searches will eventually be reduced from 2 hours to 10 minutes, while the use of iris scans and other markers should ensure greater accuracy.
Although privacy advocates have little criticism of the use of iris scanning in correctional settings, the fact that the FBI and state prison officials are using a database owned and maintained by a private corporation, BI2 Technologies, gives many pause. Jennifer Lynch, a staff attorney at the digital rights group Electronic Frontier Foundation, points out that privately-run databases, including well-encrypted ones at banks and other financial businesses, have experienced serious data breaches exposing private customer information, and that leaks of fingerprints or iris scans would be potentially much more serious. “You can change your credit card data. But you can’t change your biometric data.”
And in light of the fact that the New York Police Department, in cahoots with major Wall Street banks and finance firms, used security cameras to identify Occupy Wall Street protesters, suspicions that iris scans might be used to target non-criminals who are disliked by powerful cannot be dismissed out of hand.
Related articles
- Biometric data blows up (salon.com)
- Face to face with online privacy concerns (sfgate.com)
US Muslim claims detention and torture by FBI
RT | April 19, 2012
A Muslim American claims he was detained in the UAE last year and tortured by FBI agents. He says he was beaten, threatened with death and kept in solitary confinement for over three months before they let him go.
Naturalized US citizen Yonas Fikre, who is currently seeking asylum in Sweden, says he was interrogated in connection with a terror plot in Portland, Oregon
Fikre says he had attended the same mosque in Portland as a man who has been charged in connection with a plot to detonate a bomb in the city in 2010.
The man claims he was arrested last June while in the United Arab Emirates and taken to a prison in Abu Dhabi to be questioned about the activities of the Portland mosque.
According to Fikre, his interrogators became very upset when he presumed they were working for the FBI.
“They got very angry and they said ‘We don’t work with the Americans, we are an independent country,” he told a news conference on Wednesday. But later one of them acknowledged FBI involvement in the operation, Fikre says.
“He confirmed to me that the FBI were there. Also, when I was getting beaten, they did admit that the FBI knew exactly what was happening and they were working with the FBI,” he said.
He also told journalists he was warned to say he was being treated well in custody or “more torture would take place.”
The FBI has refused to comment so far. Beth Anne Steele, a spokeswoman for the FBI office in Portland, said she could not talk about the specifics of the case.
The Council on American-Islamic Relations has called upon the US Department of Justice to investigate whether Fikre was tortured at the behest of the FBI, AP reports.
Fikre is the third Muslim man from Portland to publicly say he was detained while traveling abroad and questioned about Portland’s Masjid-as-Sabr mosque.
The mosque has a notorious reputation within US secret services. Ten years ago seven Muslims with ties to the mosque were arrested after they tried to enter Afghanistan to fight US forces.
Related articles
- Michigan Muslims sue FBI and U.S. border agents over “discriminatory” treatment (blogs.windsorstar.com)
No Justice for Muslims under Obama
By Margaret Kimberley | Black Agenda Report | April 18, 2012
The FBI and the Justice Department are still up to their old tricks. Not only do they continue to entrap Muslims in terror cases that wouldn’t exist without FBI involvement, but now they silence anyone who complains, charging them with trumped up offenses and insuring that the assault on law continues.
Khalifa al-Kalili is an American Muslim from Pittsburgh, Pennsylvania. Beginning in January of this year he was stalked by a man calling himself Muhammad but who has now been identified as Shahed Hussain. Hussain was on the verge of being convicted of a felony when he became an FBI informant in 2002. It was Hussain who entrapped four African American men from Newburgh, New York, into a phony plot to bomb synagogues in the Bronx.
Al-Kalili was rightly suspicious when Hussain and another informant befriended him and spoke of the need for jihad. Al-Kalili was not as naïve as the Newburgh Four or the dozens of other people who were charged and convicted of committing terror acts which were created solely by the government.
Al-Kalili voiced his concerns very publicly, to the Albany Times Union newspaper and posted his fears on his Facebook page. He used Google to identify the cell phone number of the man who was stalking him and discovered that he was in fact Shahed Hussain. Al-Kalili’s attempts to protect himself were of no avail. After he scheduled a press conference to announce his plans to sue the FBI, he was suddenly arrested for a firearm violation and remains held behind bars without bail.
This case is one of many in which the American government has created a separate and decidedly unequal system of justice for Muslims. Shahed Hussain is now well known and notorious for tricking people into committing crimes. He is so brazen that he felt no need to hide or to even get a new cell phone number. Obviously he knows that the FBI is his protector and that he need not take any precaution to avoid detection. Even when his victims use legal means to avoid being ensnared, they go to jail anyway.
These entrapment tactics began during the Bush administration, but as in other instances, the Obama administration is nothing more than Bush part two. The president of the United States, the attorney general and the FBI director are all complicit in violating not only the protections granted to Americans in the constitution, but in establishing a system of separate and unequal justice for Muslims in this country. Once again, the value of having a former constitutional law professor sitting behind the desk in the oval office is less than negligible and an insult to anyone who cares about justice.
The story of Khalifa al-Kalili is an example of the rot which permeates the American political and judicial systems. Mass incarceration, selective prosecution, prosecutorial misconduct and police brutality all make a mockery of the claim that there is equal justice under American law. There have always been groups who were subject to brutality and injustice and now the first black president has proven that the system cannot be changed from within. It must be uprooted by people who first are willing to call the evil by its name and who are willing to dedicate themselves to eradicating it once and for all.
There are a multitude of reasons not to vote for Barack Obama, but his decision to continue a wholesale subversion of what is left of the justice system is one of the most important. How does anyone claim that the Democrats are our saviors and the Republicans are the evil doers, when all evidence points to criminality on both sides?
Neither Democrats nor Republicans are fit to govern this country. It is useless to continue revealing the injustices suffered by al-Kalili and others if the end result is a continuation of the status quo. Good journalism brought this case to light, but if must go further. A laundry list of people who have been turned into criminals by our government is useless unless a call to action comes along with it.
What will the call to action be for al-Kalili? Will people who excoriate Obama because of the injustice perpetrated by his Justice Department still make the case for his re-election? If so, they need not have bothered with al-Kalili at all. They should have swept his case under the rug and forgotten him. Voting for Obama and the Democratic party is tantamount to doing that anyway.
Margaret Kimberley lives in New York City, and can be reached via e-Mail at Margaret.Kimberley(at)BlackAgendaReport.com.
Related articles
- US Muslim claims detention and torture by FBI (rt.com)
- Entrapment blues: Documents provide rare insight into FBI’s terrorism stings! (truthaholics.wordpress.com)
- Trouble follows some (miscellany101.wordpress.com)
- Interview: Infiltrator who spied on Muslims reveals FBI techniques (alhittin.com)
US federal agencies seek software to monitor social media
Press TV – February 13, 2012
US government agencies are looking for digital tools that can extract information from social media to predict everything from future terrorist attacks to foreign uprisings.
According to requests posted online, US federal law enforcement agencies are looking for potential contractors to build software that can monitor the entire universe of social media.
The Department of Defense, the Office of the Director of National Intelligence and Federal Bureau of Investigation are among US agencies that are looking for ways to automate the process of identifying emerging threats and upheavals from social websites.
“Social media has emerged to be the first instance of communication about a crisis, trumping traditional first responders that included police, firefighters, EMT, and journalists,” the FBI wrote in its request.
“Social media is rivaling 911 services in crisis response and reporting,” the request added.
The proposals have raised privacy concerns among advocates who worry that such monitoring efforts could breach user’s privacy.
The FBI says their proposed system is only meant to monitor publicly available information and words that relate to criminal activities.
The software sought by the Defense Department would track information posted by the social media to identify threats that could affect US soldiers in the battlefield.
