"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Law Enforcement’

With Liberty & Justice for 1%: America’s Three-Tiered Justice System

In Uncategorized on March 26, 2013 at 7:08 pm

Attorney General Eric Holder speaks to reporters at the U.S. Capitol in Washington, June 19, 2012. On March 6, testifying before the Senate Judiciary Committee, Holder indicated that some banks may be too big to prosecute. (Photo: Jonathan Ernst / The New York Times) Oldspeak: “Big shots are above the law, the government now admits, but a three-tiered justice system has Congress churning out new bills to keep the prison industry booming. Our Congress, acting as an agent of Corporate America, is working assiduously to issue ever more novel and oppressive laws so as to keep the machinery of law enforcement operating.”- Mike Lofgren It’s no secret that inequality in the U.S. is at an all time high, surpassing the madness seen during the great depression. The top 1 percent of households by income captured 121 percent of all income gains between 2009 and 2011. This inequality concurrently permeates most every other system in our society. Education, employment, energy, social, environment, food production. And the justice system is no different.  We are living in a time where there are people for which “there is neither law nor redress. Where international treaties may apply, such as the Geneva Convention or treaties against torture, they are assumed not to exist for purposes of official US government conduct.” Where people disappear, indefinitely, based on secret charges made in secret courts. Where where Americans can be targeted for “disposition”, based on the judgment of one man. Where citizens can be constantly watched. All while the rich rape, pillage murder, and control. Above the law, free of empathy or conscience, with no fear of punishment. This status quo cannot continue to be so.

By Mike Lofgren @ Truthout:

Equal Justice under Law,” is the motto inscribed on the frieze of the United States Supreme Court building.

Sticklers for semantics say that the modifiers “equal” and “under law” in the Supreme Court’s motto are redundant, because justice by definition is equal treatment under a system of written and publicly accessible rules. Whether that is the case is precisely what is at issue in America today.

Tier I: The Great and the Good

Events since the collapse of Lehman Brothers in September 2008 have provided plenty of fodder for the belief that there is one law for the rich and another for the common clay. Practical as opposed to explicit inequality before the law is common in societies all over the world; it usually boils down to how legal procedures are applied as opposed to what the letter of the law is on the statute books. Officials who are pledged to uphold the law will invariably protest that they are neutral and unimpeachable executors of justice and that it is unthinkable to suggest they are administering a rigged system. Honi soit qui mal y pense! (“Shamed be he who thinks evil of it.”) is their usual indignant attitude when the rabble becomes pushy.

It is unclear if there was a rare outbreak of candor among officials in Washington during the past two weeks, or whether they simply calculated that the system has so completely slipped from public control that it doesn’t matter if forbidden truths are spoken. On March 6, testifying before the Senate Judiciary Committee, Attorney General Eric Holder stated the following: “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy.” Yes, well, that could explain it. When the banks hold a gun to the head of the economy, it is no longer the relationship between regulator and regulated, but a hostage relationship. A relationship made even more complex, no doubt, by the fact that the hostage-taker is also the principal corporate funder of the bosses of the putative hostage negotiators.

Apparently none of his senatorial interrogators had the wit to ask the following of the attorney general: Why would criminally prosecuting a handful of senior executives at a financial institution be more economically damaging than levying a civil fine? HSBC’s $1.9-billion settlement with the Justice Department for money-laundering is almost derisory in view of its $21.9 billion in global profits during the past year, but if anyone is going to suffer from that small subtraction from the bank’s revenues, it is likely to be shareholders and depositors who had nothing to do with the crime rather than the management who committed it. And even in an extreme situation, where most or all of a bank’s management were criminally involved, the government could seize the bank and operate it as a conservator in the manner of the Federal Deposit Insurance Corporation. Innocent stakeholders would be protected, thus nullifying Holder’s fear-mongering about endangering the world economy.

Thus it requires only a moment’s thought to conclude that it is not the size, complexity or fragility of the financial system that stays the hand of criminal prosecution, but the status of the persons within those institutions. Apparently, robbing a bank is a criminal activity depending which side of the teller’s window you are on and whether you are upper management or a $12-an-hour cashier. The Senate has given no indication of being overly concerned: After a perfunctory hearing, the Banking Committee favorably reported the Wall Street-connected Mary Jo White to the full Senate for confirmation as chairman of the Securities and Exchange Commission. The dead giveaway that the fix was in was the fact that committee Republicans, who ordinarily obstruct nominees purely out of habit, did not raise a peep of objection. White, like Holder, is not a fan of prosecuting the executives of big banks.

Tier II: The Great Unwashed

Perhaps the big shots are above the law. This does not mean, however, that the mighty wheel of justice does not turn in this country. Somebody must be getting prosecuted, given that the United States has more incarcerated people in its jurisdiction than any other country, including China, which has four times our population. The incarceration rate is no accident: The vast accretion of harsh punishments for essentially victimless crimes like drug possession, mandatory minimum sentences and “three strikes” provisions in many state laws virtually guarantee the highest rate of imprisonment since the days of Stalin’s gulags.

Our Congress, acting as an agent of Corporate America, is working assiduously to issue ever more novel and oppressive laws so as to keep the machinery of law enforcement operating. Even the right of possession and free use of an article legally obtained by legitimate purchase, a right celebrated by libertarian economists, can be nullified when corporations deem it necessary to extract rents. Pursuant to the Millennium Digital Copyright Act, it is now illegal to alter a cell phone that you bought and paid for if you are dissatisfied with the service provider that the phone manufacturer has an exclusive agreement with. How illegal? – a $500,000 fine and five years in prison (double for repeat offenders). Apparently citizens no longer have a freehold in this country; they are instead serfs dwelling on a feudal demesne at the sufferance of their corporate landlords.

State legislatures have kept up with Congress in this endeavor. One might think the exposure of animal cruelty and unsanitary conditions in the corporatized farming and food processing industries would cause lawmakers to be indignant against the perpetrators and desirous of protecting the safety of the food supply. But no, state legislatures have directed their fury against the citizen-activists who exposed the wrongdoing by levying heavy penalties against surreptitious photographing of the outrages.

With draconian sentences looming over defendants, it is no wonder that most criminal processes end in plea bargains rather than jury trials: Even an accused person believing himself innocent may plead guilty to lesser charges (charges that still land him in prison, albeit for a shorter term) rather than face either bankrupting legal fees or suffer an incompetent appointed counsel and the possibility of a sentence lasting decades.

Incompetent or not, even the constitutional right of counsel is not always provided, as the attorney general himself has admitted. The big banks, with their extensive in-house legal departments and endless reserves of cash, have no such worries. Their attorneys are skillful enough, and have sufficient resources, to file change-of-venue motions so as to escape the wrath either of unfriendly judges or – one of the worst engines of injustice since the Inquisition – demagogic district attorneys itching for higher office and lusting for juries to inflame. As a practical matter, ordinary citizens have no such protection.

Some officials have conceded the infeasibility of locking up more and more people, perhaps less because of the ethical issues involved than because of the fiscal drain attendant with incarcerating so many bodies. Traditionally a function of the state, prisons represent a large input of taxpayer dollars whose only output, other than license plates, is a social sense of safety and security (an intangible and hard-to-prove value). But Corporate America has come up with an answer to that as well: the private prison industry. In addition to promising security, the growing private prison lobby can offer a much more tangible benefit to politicians: campaign donations. We can be sure that consultants for this industry will invent more and more ingenious felony statutes for state legislatures to pass into law so as to keep their prisons full and profits flowing, as we have already seen happen in Arizona.

Tier III: The Untouchables

Thus far we have dealt with the law: law that is perhaps hatched with malign intent, corruptly enforced and unequally applied, but at any rate law that exists openly in the US Code or the state statutes. But justice for foreigners and discrete categories of American citizens enters the realm of the Wild West, where there is neither law nor redress. Where international treaties may apply, such as the Geneva Convention or treaties against torture, they are assumed not to exist for purposes of official US government conduct.

Should the plaintiff, a group like Amnesty International, say, argue on behalf of injured parties before a United State court, the plaintiff lacks standing because he is not an injured party. Should the injured party himself seek redress, he lacks standing because of his status at the time of the alleged crime. Should all else fail, and the court needs to avail itself of some excuse not to hear the case, it employs the state secrets privilege, a completely fictitious, made-up doctrine deriving from an incident whereby the executive branch, in asserting that classified information would be revealed, committed perjury. There was no classified information, but the rabbinical automatons of the federal judiciary have pretended for the past 50 years that the government’s having lied about whether a fatal plane crash involved classified information must henceforth and forever be twisted into a reason why the government’s assertions about classified information must always be taken as true, definitive and legally binding.

One suspects a similar morass of dishonesty lies behind the present administration’s policy on the use of drones for the purposes of assassination. For instance, in deciding to carry out assassinations, did President Obama or his predecessor go to the trouble of revoking Executive Order 11905, Executive Order 12036, or Executive Order 12333, all of which prohibit assassinations? Or were they merely reinterpreted to mean that a ban on assassination means “not unless you really want to?” Unquestionably the latter, because someone deemed it useful to keep the old executive orders on the books as sacred artifacts one could point to as examples of how virtuous we are – much in the same manner as the Roman curia, ever rife with corruption and intrigue, is charged with regulating the veneration of holy relics.

As for when the policy is to be implemented, the administration has done its best to keep that secret. It has maintained a close hold on the alleged documents describing the policy in detail, but has purposely leaked a white paper that supposedly summarizes the policy. Here one gets a sense of ad hoc improvisation: Since John Brennan and other administration officials had already publicly stated that drone strikes were only used to disrupt “imminent” threats of attack, the white paper appears to have been engineered ex post facto to prevent the administration from being constrained by Brennan’s words. In the paper itself “imminent” is gradually redefined over the course of several paragraphs so that it no longer means a criminal action is temporally nigh, but rather inheres in the status of the individual so targeted. Thus are certain persons beneath the law: Their status assumes their intended action, so they are fair game for assassination.

The white paper qualifies this startling legal theory (which is rather similar to the Commissar Order, albeit the shooting occurs at greater distance) by helpfully stating that such operations would not be conducted if civilian casualties would be “excessive.” One supposes the definition of the term “excessive” is as elastic as that of “imminent;” in any case unofficial estimates suggest civilian casualties in the thousands, including several hundred children.

One is tempted to conclude that there really is no administration-level drone policy, let alone one constrained by law, except a sham one, which is cobbled together after the fact to construct a plausible justification whenever complaints arise. At the lower level, drone employment is constrained neither by the military code, nor the laws of war nor by any other applicable treaty. It is probably just an intelligence-driven target set applied to a checklist: Does target X-ray fit “terrorist signatures” alpha, bravo, charlie and delta? If the boxes can be checked, the government operative (or contractor) hits the switch.

None of this should be surprising. Since the Moro uprising in the Philippines, American exceptionalism as it operates abroad has been built on hecatombs of corpses. That it doesn’t bother the American public should not be surprising given the human capacity for moral compartmentalization. But lawlessness abroad cannot be walled off from domestic life: impunity for oligarchs, draconian sentences and bulging prisons for those lacking privileged status, and casual death for those beneath the law and even innocent people in the vicinity, are at bottom inevitable and inseparable once the rule of law is compromised. Apocryphal perhaps, but the following exchange describes the present American dilemma:

William Roper: So, now you give the Devil the benefit of law!
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I’d cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!

Mike Lofgren

Mike Lofgren retired on June 17 after 28 years as a Congressional staffer. He served 16 years as a professional staff member on the Republican side of both the House and Senate Budget Committees.

 

Overcriminalization Begets Stop & Frisk-Gate: New York’s Police Union Worked With the NYPD To Illegally Set Arrest And Summons Quotas

In Uncategorized on March 20, 2013 at 1:03 pm

https://electedface.com/images/Artical_Images/6%20stop%20and%20frisk.jpgOldspeak: “Behold! The fruits of Prison Industrial Complex Overcriminalization! Specific targeting of communities of color for “Law Enforcement”, like suspicion-less stop and frisks, bogus arrests and baseless summonses to meet “performance goals”.  All while the police union denies it’s even happening. At a time when crime in NYC is at record lows, police are still being pressured to make more arrests and issue more summonses, mostly to people who’ve done nothing wrong.   Not meeting “activity goals” = bad cop. This opens them up to various forms of retaliation and punishment. Why?  The Prison Industrial Complex needs fuel to keep stay in business, grow larger and larger with profits. That fuel must be extracted at all costs.  Poor people of color are its fuel.  It is why more black men are in prison now, than were slaves in 1865. It’s why black and brown people are overrepresented in the U.S. prison system.  It’s why brown people are being stopped, seized, detained and deported at historic rates. It is why America accounts for 5% of world population, but close to 25% of the worlds prison population and imprisons more people than any nation on earth. Law enforcement and mass incarceration is big business in America. And rank and file officers sadly are stuck in the middle.  Being encouraged by superiors to make bogus stops, arrests and summons at the end of their shifts to collect overtime, thus engaging in fraud to meet “activity goals” and make more money. Being forced to act unlawfully and untruthfully to keep ‘the numbers game’ going.  You can bet that this practice is not particular to New York. This revelation should provide powerful grounds for stopping NYPD’s racist and illegal Stop and Frisk policy.”

Related Stories:

AUDIO: New York’s Police Union Worked With the NYPD to Set Arrest and Summons Quotas.

Stopped-and-Frisked: ‘For Being a Fucking Mutt’ [VIDEO]

The Hunted and the Hated: An Inside Look at the NYPD’s Stop-and-Frisk Policy

By Ross Tuttle @ The Nation:

Audio obtained by The Nation confirms an instance of New York City’s police union cooperating with the NYPD in setting arrest quotas for the department’s officers. According to some officers and critics of quotas, the practice has played a direct role in increasing the number of stop-and-frisk encounters since Mayor Michael Bloomberg came to office. Patrolmen who spoke to The Nation explained that the pressure from superiors to meet quota goals has caused some officers to seek out or even manufacture arrests to avoid department retaliation.

The audio could be included as evidence in the landmark federal class action lawsuit Floyd, et al. v. City of New York, et al., which opened yesterday in US District Court for New York’s Southern District and which was brought forward by the Center for Constitutional Rights.

The audio, recorded in 2009 by officer Adhyl Polanco, is part of a series of recordings originally released to the media that year, and a selection first aired on WABC-TV in 2010. But WABC-TV used only a small portion of the recordings, and did not air the union representative’s explosive admission.

“I spoke to the CO [commanding officer] for about an hour-and-a-half,” the Patrolmen’s Benevolent Association delegate says in the audio recording, captured at a Bronx precinct roll call meeting. “twenty-and-one. Twenty-and-one is what the union is backing up…. They spoke to the [Union] trustees. And that’s what they want, they want 20-and-1.”

“Twenty-and-one means twenty summonses and one arrest a month,” says a veteran NYPD officer who listened to the recording, and who spoke to The Nation on the condition of anonymity. Summonses can range from parking violations, to moving violations, to criminal court summonses for infractions such as open container or public urination.

“It’s a quota, and they [the Union] agreed to it,” says the officer. “It’s crazy.”

“Many officers feel pressure to meet their numbers to get the rewards that their commanding officer is giving out,” says John Eterno, a former police captain and co-author of The Crime Numbers Game: Management by Manipulation. But if an officer’s union delegate is also pushing the numbers, “this puts inordinate pressure on officers, getting it from the top down and getting it from the union.”

The plaintiffs in the Floyd case allege that the New York Police Department’s stop-and-frisk policy results in unconstitutional stops based on racial-profiling. The department’s emphasis on bringing in arrest and summons numbers has caused officers to carry out suspicion-less stops in communities of color.

As Polanco explained in court today, his superiors would often push him to carry out this specific number of summons and arrest stops per month:  “20-and-1, they were very clear, it’s non-negotiable, you’re gonna do it, or you’re gonna become a Pizza Hut delivery man.”

“There’s always been some pressure to get arrests and summonses,” says Eterno. “But now it’s become the overwhelming management style of the department. It has become a numbers game. They have lost the ability to see that communities are dissatisfied with this type of policing, especially minority communities. They are the ones being overly burdened for doing the same sorts of things that kids in middle-class neighborhoods are doing—only they’re getting records because officers have to make these arrests.”

When asked for comment, Al O’Leary, a spokesperson for the Patrolman’s Benevolent Association, said: “The PBA has been consistently and firmly opposed to quotas for police activities including arrests, summonses and stop-and-frisks. These are all effective tools for maintaining order when they are left to the discretion of individual police officers but become problematic when officers are forced to meet quotas. This union has sought and obtained changes to state law making quotas for all police activities illegal. We have sued and forced an individual commanding officer to stop the use of illegal quotas and will continue to be vigilant and vocal in our opposition to police activity quotas.”

* * *

Physical evidence has periodically surfaced of the existence of numerical arrest targets for NYPD officers, though arrest and summons quotas for police have been illegal in New York State since 2010. Precinct commanders defend their right to set productivity goals for their staff—but what the department defines as productivity goals can have the force of quotas when officers are subject to retaliation for not meeting them.

Cops who have spoken to The Nation say that retaliation can take many forms, including denied overtime; change of squads and days off that can disrupt family obligations like taking children to school or daycare; transfers to boroughs far from home in order to increase their commute and the amount they’ll have to pay in tolls; and low evaluation scores.

Officers even reported being forced to carry out unwarranted stops to fulfill the summons and arrest numbers. In a second recording obtained by The Nation, a captain addressing a roll call in the same Bronx precinct illustrated how such retaliation plays out.

“When the chief came in…[he] said: ‘you know what, you really can’t reduce crime much more, the guys are doing a great job,’” the captain can be heard saying in the rough audio. “[He] said that we can…get some of our people who aren’t chipping in to go to some locations [where we are] having problems, and give them [the area’s residents] the business…”

The recording continues: “That’s all we’re asking you to do, that’s all, that’s all. And if we do that, everyone chips in, it’s fine. It’s really nonnegotiable. ’Cause if you don’t do it now, I’m gonna have you work with the boss to make sure it happens.”

“If you don’t meet the quota, they will find [activity] for you,” another veteran officer explained to The Nation. “The sergeant will put you in his car and drive you around until whatever he sees he will stop and tell you to make an arrest or write a summons, even if you didn’t observe what he said it was.”

Sometimes these are legitimate stops, but other times, they’re bogus: “The sergeant told me to write two minorities for blocking pedestrian traffic,” the anonymous officer said, “but they were not blocking pedestrian traffic.”

The pressure for numbers, say cops, is unrelenting, and it’s leading to high anxiety and low morale. And that the union, an organization that is supposed to have officers’ interests at heart, is involved in the setting of quotas is mystifying, says one cop.

It’s all the more problematic given the union’s very vocal and public stance against quotas, such as in their ad campaign, “Don’t Blame The Cop,” which tries to engender sympathy for the officers who are pressured to write tickets and arrest motorists. “Blame NYPD management,” it says.

This development also signals to officers that there is one fewer place they can go to register their concern about departmental policy and practice. “I feel foolish for having gone to my [union] delegate with my complaints,” says one officer who has been unsettled by the continued pressure to meet quotas.

Please support our journalism. Get a digital subscription for just $9.50!

Adhyl Polanco, the officer who recorded the audio and first brought it to the attention of the press, has since had charges brought against him by the department for writing false reports—the same false reports he pointed out to the department’s Internal Affairs office as evidence of the quota system. Polanco maintains these and other charges against him and other officers who have spoken out are evidence that the department is retaliating against him and others for blowing the whistle.

The NYPD has just surpassed 5 million stop-and-frisks during the Bloomberg era. Most stops have been of people of color, and the overwhelming majority were found innocent of any wrongdoing, according to the department’s own statistics. And though the number of stops may have gone down recently—as pressure on the department and increased awareness of the policy has officers and supervisors thinking twice about how they employ the practice—the existence of quotas ensures that New Yorkers will continue to be harassed unnecessarily by the NYPD.

“The way I think about it,” says a patrolman, “is, say a fireman is told by a supervisor, we need you to put out fifteen fires this month. And if you don’t put out fifteen fires you’re gonna get penalized for it. So if he doesn’t find fifteen fires to put out, is that his fault? It’s not. But the fireman might even go out there and start setting fires, causing fires, just so he’s not penalized or looks bad…. And that’s kind of what the police officers are doing.”

What are the plaintiffs in the Floyd v. City of New York case fighting against? Watch the exclusive video of a stop-and-frisk encounter gone wrong.

Editor’s note: This piece has been edited since publication to reflect the response of the Patrolmen’s Benevolent Association. Voices in the above video have been altered to protect the identities of the officers interviewed.

Open Season On Young Black Men In America Continues: NYPD Cops Shot 16-Year-Old Kimani Gray While He Was On The Ground

In Uncategorized on March 19, 2013 at 3:11 pm

Carol Gray, mother of Kimani Gray, 16, killed by police after he allegedly pulled a gun Saturday night, talked about the lingering doubts about the police story at Councilman Charles Barron's office in East NY Brooklyn this afternoon. The shooting has led to several nights of rioting and arrests. HERE, picture of Kimani and mom two years prior. March 14, 2013 (Photo by Todd Maisel, New York Daily News)Oldspeak: “Details are still emerging in this latest police shooting of a young black man in a poor neighborhood. Troubling details like the 2 cops involved have a notable history of violent civil rights violations, fabricating and falsifying evidence, and unconstitutional and aggressive stop-and-frisk practices.  Now this latest witness revelation that these violent and aggressive “peace officers” stood over and continued to shoot this frail, 5’6″, 100 pound child to death.  Then threatening the lives of witnesses asking why the officers shot the child so many times. This boy was shot to death after he  “adjusted his waistband in a manner the officers deemed suspicious.” According to friends, cops have been harassing  Kimami for some time and “were out for him“, even making fun of his older brother’s death in a car accident 2 years ago. The cops say they shot him because he pointed a .38 revolver at them.  All the news stories make a point of this and that the revolver he pointed was recovered at the scene. Yet NYPD has not as yet clarified the source of this claim.  “The scene” is a decent sized space. Was the gun recovered near Kimani’s body? It wasn’t fired. Did it have Kimani’s fingerprints on it?  Is it police protocol to shoot people before identifying themselves as police officers? Why after the child fell did the cops continue shooting, getting close enough stand over him while doing so, instead of tackling and subduing him physically? When analyzing a case where the officers have a history of excessive force, false arrests, illegal stop and search, falsifying and fabricating evidence, these are crucial questions that are not being asked? Why? I’m thinkin these crucial details are being left out for a reason.  This is a crystal clear example the unconstitutional  and racist practice of stop and frisk gone deadly wrong. Hot headed violent officers seeing suspicion where there was none, unidentified & aggressively approached a youth, who had a gun that no other publicly identified witnesses saw and fired on him repeatedly, ultimately close enough to be right on top of him while he was on the ground, without attempting to first identify themselves and diffuse the situation. This is ginormous lawsuit waiting to happen, on account of officers who’ve already cost the city 215,000 dollars in lawsuits. I’ll be very curious to see what this  investigation finds.”

Related Stories:

Voices from Brooklyn: Racial Profiling’s Part of Everyday Life Here

Oscar Grant, A Victim Of American Fear: Decades After The Civil-Rights Era, Cops Shooting Unarmed Black Men Is Barely A Crime

By Ryan Devereaux @ The Village Voice:

The only publicly identified eyewitness in the killing of a Brooklyn teen by two New York City police officers is standing by her claim that the young man was empty-handed when he was gunned down, and now says one of the cops involved threatened her life.

In an extended interview with the Village Voice Saturday night–one week to the day after 16-year-old Kimani Gray was killed–Tishana King, 39, provided new, vivid details about the 10th-grader’s final moments.

King said one officer stood “right over” Gray, continuing to shoot him while he was on the ground, and that neither cop identified himself as law enforcement when the incident began.

Read More:
Tensions Mount After Police Fatally Shoot Brooklyn Teenager Kimani Gray
Eyewitness “Certain” Kimani Gray Was Unarmed When Police Shot Him
Police and Protesters Clash at Kimani Gray Vigil in Brooklyn

Sgt. Mourad Mourad, 30, and Officer Jovaniel Cordova, 26, were identified as the officers involved in the shooting. Both are decorated members of the NYPD who have been involved in prior non-fatal shootings and received awards for their actions. They have also been targeted in five federal lawsuits stemming from allegations ranging from illegal stop-and-frisks to physical abuse, costing the city $215,000. Both have been placed on administrative duty while the investigation continues.

The police department says the officers were patrolling in East Flatbush in an unmarked car around 11:30 p.m. last weekend when they spotted a group of young men, one of whom adjusted his waistband in a manner the officers deemed suspicious. According to the police, the individual broke away from the group as the officers approached.

In a statement last week, NYPD spokesman Paul Browne said, “After the anti-crime sergeant and police officer told the suspect to show his hands, which was heard by witnesses, Gray produced a revolver and pointed it at the officers, who fired a total of 11 rounds, striking Gray several times.” A loaded .38-caliber Rohm’s Industry revolver was recovered at the scene.

Whether or not Gray had a gun, King said she never saw one pointed at the police. “I can’t say if they had one on them or not, but no one had a gun pointing at the cops,” she told the Voice.

King’s account, which contradicts the NYPD’s version of the events on key points, builds on what she first said in a New York Daily News article published last Tuesday. King told the paper she was “certain [Gray] didn’t have anything in his hands.” The article described a tape-recorded interview she gave to police investigators hours after the shooting. A police spokesman told the paper that when investigators asked King what she saw, she told them “she couldn’t see what the boys were doing ‘from the angle I was at.'”

But King told the Voice that from her third-floor vantage point, “I can see everything.” A street light illuminates the area where the incident took place.

Speaking to the Voice on her stoop Saturday evening, King made her first comments on the case since NYPD responded to her claims. She confirmed that she was interviewed by police–“about two hours after” the shooting–and says she has not been interviewed by the department since.

When asked if she saw a gun at any point during the incident, King told the Voice, “No. Not from the kids.”

An internal NYPD report cited by the Daily News stated that the officers wore badges around their necks. King said she didn’t see any: “No. No badges.”

NYPD commissioner Ray Kelly has said the department has three “ear witnesses to the shooting,” two of who said they heard the officers say “Don’t move” and a third who claims to have heard an officer ask, “What do you have in your hands?”

King claims the officers said only one thing after stepping onto the sidewalk, “‘Don’t move.’ That’s it.”

Gray was shot “on the sidewalk” two driveways down from her building, King says, near the home of a pair of twins he often visited. The kids hadn’t been around much in recent months, she added. King said she was in bed when the sound of loud voices and laughter drew her to her window last Saturday night.

“That’s why I looked out,” she said. ” To just see, ‘Oh, hey, what’s going on?’ Then when I saw it was the kids visiting, I said ‘Oh, okay.'”

Peering out from the third-story of her brick building, King claims to have seen “about seven to eight” young people. She said they had only been gathered for “maybe a minute or two” before the police arrived. “There was no suspicious behavior. The worst they were doing, laughing out loud and, you know, talking loud. That’s about it,” King said.

When asked if she recognized any of the kids, Gray said, “Just a few. I know the twins because they’re my direct next-door neighbors.” In addition to the twins, King also claims to have been familiar with Gray, though prior to the shooting she says she knew him only by his nickname, “Kiki.”

“I know him from his friends and always being in the neighborhood and visiting the twins,” she said. “He’s always a frequent visitor.” King said she recognized Gray’s voice outside the night he was killed.

King could not confirm what direction Gray was facing at the time he was shot. “I’m not the shooter. I wouldn’t be able to tell you. If I had the gun and I was shooting at him I’d be able to answer that question,” she said. King said the officers “looked white, from what I was seeing.” News reports have indicated, however, that Sgt. Mourad is Egyptian.

After the gunfire subsided, King claims the officer who “did the most shooting” put his hands on his head “like, ‘Oh my God.'” She describes him as “the main shooter.”

“That’s the one I was focused on,” she explained. “He just kept shooting while [Gray] was on the ground.” When asked how close the officer was when he was shooting Gray, King said, “right over him.”

“I thought he was dead,” King said. That’s when Gray began to scream. “‘Help me. Help me. My stomach is burning. Help me. They shot me,'” she said the teen cried out. Friends have said Gray was approximately 5’6″ and weighed at most about 100 pounds. King described him as “frail” and said she was surprised he was not killed instantly. “I didn’t think anybody could take those amount of bullets,” she added.

“I just remember screaming out the window ‘Why?! Why so much?!” King recalled. She claims the “main shooter”‘s partner–“with the short haircut”–responded.

“He started waving his gun up at our windows, myself and my neighbor. ‘Get your F-ing head out the window before I shoot you.'” King said she and her neighbor “jumped back.”

“I told the authorities that,” she said. “You threatened our lives and we didn’t even do anything.”

King says a number of questions continue to bother her. “Why did they exit their vehicles? Why were they in our neighborhood? Why were they on our block? What was the reason? Why didn’t you follow protocol?”

“The scene just keeps replaying in my head,” she told the Voice, “over and over and over and over and over again.”

Somali-American Mohamed Osman Mohamud Convicted Of Terrorism In Oregon Christmas Tree Bomb Plot; FBI Provided Encouragement, Guidance, Money & Materials Needed For Attack

In Uncategorized on February 6, 2013 at 4:48 pm

Oldspeak:No one was hurt, and authorities say the public was never in real danger“. “detonate fake bombs”. “Provided by the “government agency here”.  When you see these words in a story about a “foiled” terrorist operation, understand that it is not a real terrorist attack. It is usually one instigated by agents of the government posing as terrorists, who’ve targeted an isolated, distressed, poor, young, impressionable, usually Muslim man who they’ve “coached” to “lead” the “attack”.  This time the man’s (well boys, as the FBI began tracking him at 15 years old) name was Mohamed Osman Mohamud. Peruse the related stories and you’ll see the script remains the same. Long term surveillance. Heavy FBI involvement in planning, financing and execution of the plot.  Rather than steering potential terrorists away from committing crime, law enforcement is encouraging it, and participating in it , creating a crime to ‘solve it’. Here’s the thing about real terrorists: They don’t use fake bombs. If they are leading an operation, it’s reasonable to assume they’ll be 3 times sure the bomb will go off when they press a button. They’re intimately involved in every aspect of the operation. They’ll make an effort to check the backgrounds and associations of those they conspire with.   This boy, like the many others before him, has been used by U.S. government agencies to continue to instill perpetual fear in the populace of “the enemy” in this case “Islamic Terrorists”, and justify the perpetual prosecution of a phantom “War On Terror”.  Left undiscussed in the coverage of this story, is the disturbing normality of ever-increasing prosecution/surveillance/criminalization of youth. We live in a society where 15 year olds are perceived as threats. And the only way these threats are to be dealt with is with prosecution, conviction, lifetime incarceration or execution. “Radicalization” is apparently an incurable infection. Little thought is given to improving the conditions, the structural, cultural and social inequality that make radicalization likely. Most resources are devoted to enforcement, incarceration and or assassination. This “War Is Peace” policy continues ironically under our Nobel Peace Prize winning Commander-In-Chief, President Obama.

Related Stories

New York Federal Reserve ‘Bomb’ Plotter Ensnared In FBI Sting: FBI Provided Encouragement, Guidance, Money & Materials Needed For Attack

Al-Qaida “Underwear Bomber” Was Working For The C.I.A. : The Yemen Bomb Plot & Other Hobgoblins

The Informants: How The FBI’s Massive Informant Network Actually Created Most Terrorist Plots “Foiled” In U.S. Since 9/11

Fake Terror Plots Using Paid Informants: The Tactics Of FBI ‘Entrapment’ Questioned

The Spectacle Of Terrorism And Its Vested Interests

By Teresa Carson @ Reuters:
A Somali-American man was found guilty on Thursday of trying to blow up a Christmas-tree lighting ceremony in Oregon using a fake bomb supplied to him by undercover agents posing as Islamist militants, the public defender’s office said.

Mohamed Osman Mohamud, a naturalized U.S. citizen and former Oregon State University student, faces a possible life prison term on his conviction on a single charge of attempting to use a weapon of mass destruction. Sentencing is set for May 14.

Mohamud was arrested shortly after attempting to use his cell phone to remotely detonate an artificial car bomb planted near a Portland square crowded with thousands of people attending the ceremony the day after Thanksgiving in 2010.

No one was hurt, and authorities say the public was never in real danger.

During a three-week trial in U.S. District Court in Portland, defense attorneys argued that overzealous law enforcement officers posing as al Qaeda militants invented a crime and entrapped their client.

But the jury agreed with the prosecution’s argument that Mohamud, 19 years old at the time of the crime, was already radicalized and could have backed out of the bomb plot at any point.

On the morning of the planned bombing, Mohamud reportedly told a friend that it was “the greatest morning of my life.” Hours later, he dialed a cell phone that he thought would trigger the bomb and kill thousands of people.

“Mr. Mohamud made a series of choices over a period of several years – choices that were leading him down a path that would have ended in violence,” Greg Fowler, the FBI’s special agent in charge of the Portland division, said in a statement.

“His actions showed little regard for the rights and responsibilities that come with being an American or respect for the lives that he was prepared to take,” he added.

LONELY WITH LITTLE MONEY

The case, closely watched by many in the nation’s Muslim American community, was one of several sting operations in recent years in which individuals were tracked by undercover FBI agents and later tried to detonate fake bombs in various locations.

“We are disappointed with the verdict,” federal public defender Steven Wax said, adding that he planned to appeal. “There are a number of issues that will be raised.”

Defense lawyers had tried to paint a picture of Mohamud, who spent months with the undercover agents, as a young man who was particularly vulnerable to entrapment, which legal experts had earlier said was always a tough case to prove.

At trial, one of the undercover agents testified that he and a fellow agent were aware that Mohamud was lonely, had little money and that his family was in distress. He said Mohamud wept during their first meeting and that he heard his partner tell Mohamud on many occasions, “I love you.”

The agent also acknowledged that he and his partner had coached Mohamud on what he should say in a videotaped “goodbye” message they filmed of him weeks before the planned attack.

In the video, shown to the jury by prosecutors, Mohamud is seen solemnly saying to the camera: “A dark day is coming your way … your people will not remain safe.”

Ibrahim Hooper, communications director for The Council on American-Islamic Relations, said the case could alienate the Muslim community, but was quick to say that “nobody wants to see any possibility of any sort of violence by a lone wolf.”

“I think convictions in these kinds of cases are almost forgone conclusions based on the government’s actions. They are the same in each case,” he said.

Somali-American convicted of terrorism in Oregon Christmas tree bomb plot; was 17 at time

By NIGEL DUARA @ The Associated Press:

Three hours before they handed down a sentence that could put an Oregon man in prison for life, deliberating jurors sent a note to a trial judge with a question.

Did the man whose fate they were deciding need to have envisioned the specific crime for which he was accused? Or did he merely need to be inclined toward some kind of terroristic act?

Their question more broadly reflects the central debate at the heart of the trial of Mohamed Mohamud, a 21-year-old Somali-American found guilty on Thursday of attempting to bomb a Portland Christmas tree-lighting in November 2010.

Prosecutors were met by a claim of entrapment by Mohamud’s defense team, and needed to convince jurors that he was predisposed to terrorism by the time an FBI informant began discussing radical jihad with him over emails.

The judge, Garr King, told jurors Thursday that Mohamud only had to be likely to commit the offense or one like it, and he did not specifically have to be thinking about a bomb at the specific time and place at which he and two undercover FBI agents decided to plant one.

The bomb was a fake, supplied by the agents posing as jihadis.

Jurors were given starkly different portraits of the man who was 17 when the FBI began to focus on him. In the prosecution’s description, Mohamud was a powder keg in search of a spark, an angry teenager with the right combination of anti-Western sentiment and a plausible cover story as an Oregon college student.

In the defense’s telling, he was confused, broke and suffering under the weight of parental expectations. Gullible and eager to please, he fell into a plot entirely of the FBI’s making, following along with men he imagined were like family, Mohamud’s attorneys said.

Mohamud sat still as King read the verdict in a slow, deliberate cadence. His parents, who attended every day of the trial, were absent, leaving the seating reserved for family entirely empty throughout the announcement of the verdict.

After the verdict, the FBI asserted again that Mohamud would indeed have found a way to commit a violent act had agents not intervened.

“Mr. Mohamud made a series of choices over a period of several years — choices that were leading him down a path that would have ended in violence,” said Greg Fowler, who leads the FBI office in Portland. “His actions showed little regard for the rights and responsibilities that come with being an American or respect for the lives that he was prepared to take.”

Mohamud’s attorney, Steve Sady, later said an appeal was being planned after the scheduled May 14 sentencing.

“We are disappointed with the verdict,” Sady said. “We, obviously, thought he was entrapped.”

Prosecutors argued that Mohamud was predisposed to terrorism as early as 15 years old. Mohamud traded emails with an al-Qaida lieutenant later killed in a drone strike. He also told undercover agents he would pose as a college student while preparing for violent jihad.

Mohamud was never called to testify. Instead, the jurors saw thousands of exhibits and heard hours of testimony from friends, parents, undercover FBI agents and experts in counterterrorism, teenage brain development and the psychology of the Muslim world.

Assistant U.S. Attorney Ethan Knight told the jury earlier this week that the decision would be easy. Mohamud pressed a keypad button on a black Nokia cellphone and intended to kill people. Whatever else they might think about the methods of undercover agents or the government’s decision to investigate a teenager, the underlying decision was Mohamud’s and the motivation was hatred of the West.

Sady had argued that Mohamud wasn’t radicalized by online recruiters or friends with jihadist leanings, but rather by a Justice Department hungry for convictions that ignored every caution sign along the way. Sady said undercover agents manipulated Mohamud’s faith and plied him with praise and the promise of a life leading other jihadis.

“This case has been a difficult case for the city of Portland. It’s been a particularly difficult case for Mohamed Mohamud’s community, for his family, for the Somali community,” said Amanda Marshall, U.S. attorney for Oregon. “We are hopeful that this will bring closure and healing to all of us here in Portland.”

Somali-American On Trial Over Christmas Tree Bomb Plot

By Stephanie Rice @ Agence France-Presse:

A Somali-American accused of trying to blow up a crowded US Christmas-tree lighting ceremony went on trial, more than two years after being arrested in an FBI sting operation.

Arguing in court just blocks from the site of the tree lighting in the US state of Oregon, lawyers presented rival pictures of Mohamed Mohamud, either as a troubled youth tricked by undercover agents or a hardened Islamist terrorist.

The 21-year-old’s defense lawyer claimed Mohamud never would have attempted to detonate the “bomb” — a harmless fake supplied by FBI agents — on November 26, 2010 if agents posing as terrorists hadn’t coerced the confused then-teenager into it.

The Federal Bureau of Investigation “created a crime that never would have happened without them,” attorney Stephen Sady told the 16-strong jury which will decide Mohamud’s fate, in the long-awaited trial.

“He wasn’t a perfect human being,” added. “But he wasn’t someone who was sitting around thinking about blowing up his hometown.”

The “entrapment” argument is crucial to Mohamud’s defense and likely his only shot at avoiding life in prison on the charge of attempting to use a weapon of mass destruction.

Under US law, authorities cannot trick someone into committing a crime. That means the government must prove Mohamud was predisposed to violence before undercover agents ever approached him.

The government counters that Mohamud wasn’t tricked and willingly chose to press the button on a cell phone that he believed would kill thousands gathered in downtown Pioneer Square.

“He said he would push the button because it would make him happy to have bodies torn everywhere,” Assistant US Attorney Pamala Holsinger told jurors.

“By the time he met FBI agents he had already decided that violence against civilians, in or out of the US, was justified,” she said.

Mohamud watched the proceedings from a table with his attorneys, taking notes on a legal pad. At one point he seemed to become emotional, and an attorney put a comforting hand on his shoulder.

About 10 family members sat on the other side of the packed courtroom, occasionally coming and going from the courtroom with what appeared to be a prayer rug.

The high-profile trial, expected to last at least several weeks, has all the makings of a cloak-and-dagger spy drama.

Undercover agents testifying in disguise will give a rare glimpse into the world of FBI sting operations. Jurors will tour the van the government packed with phony explosives and gave to Mohamud, telling him it was the real thing.

The terror case is highly unusual for this West Coast city known for its laid back, quirky culture — the informal city motto is “Keep Portland weird” – and not on anyone’s list of top terror targets.

It has raised questions not only about where an attack can happen, but also about how authorities pursue potential threats while protecting the civil liberties of US citizens.

Undercover FBI Agents Recount Christmas Bomb Plot

By Stephanie Rice @ Agence France-Presse:

FBI tactics in investigating a Somali-American accused of plotting to blow up a US Christmas tree lighting ceremony took center stage, as undercover agents began testifying.

Giving evidence in disguise and visible only to jurors, one agent maintained that Mohamed Mohamud was prone to violence from the beginning and spoke of plans to “wage war” on the United States.

To test Mohamud’s resolve, the agent — who was posing as an Al-Qaeda recruiter named “Youssef” — said that in his first meeting with Mohamud, he gave the then-teenager five examples of how he could be “a good Muslim.”

According to Youssef — whose real name was withheld in court — Mohamud stopped short of the most extreme option, martyrdom, but chose violence over praying five times a day or raising money for extremists.

“He said he would like to become operational,” Youssef testified.

Mohamud, now 21, faces life in prison for allegedly attempting to detonate a weapon of mass destruction — a harmless fake supplied by FBI agents — near the crowded 2010 pre-Christmas ceremony in Portland, Oregon.

But in many ways, the FBI is also on trial as the defense argues agents coerced a gullible kid into a violent act.

Under US law, it is illegal for authorities to trick someone into a crime.

The defense has argued that sophisticated FBI agents such as Youssef used powerful psychological tools to brainwash a confused teenager, giving him specific instructions on how to plan an attack he wasn’t capable of on his own.

But Youssef said he was simply trying to assess whether Mohamud was truly capable of acting on his violent rhetoric.

In his early meetings with Mohamud, Youssef said he was not sure the young man would go forward with his plans. “I thought it was all talk,” he added.

Ultimately, Youssef and another agent gave Mohamud a fake bomb and a cell-phone detonator, telling him it would kill thousands gathered at a Christmas tree lighting in downtown Portland once he pressed the button.

After Mohamud tried twice to detonate the bomb on November 26, 2010, the FBI arrested him.

The undercover agents’ initial interactions with Mohamud are crucial to the case.

The young man’s fate hinges on whether jurors believe he was already predisposed to violence when agents posing as terrorists approached him and offered help in plotting an attack.

Also testifying in court, the FBI official in charge of the sting operation said authorities were alarmed by Mohamud’s previous interactions with Al-Qaeda propagandist Samir Khan.

US-born Khan was later reportedly killed in the same CIA drone strike that felled radical Yemeni-US cleric Anwar al-Awlaki, previously linked to a US Army major who killed 13 people at a Texas military base, and to a Nigerian student accused of trying to blow up a Northwest Airlines flight on December 25, 2009.

In 2009, Mohamud wrote four articles for a magazine run by Khan called Jihad Recollections, ranging from workout tips for violen extremists to why Europe would be an ideal place for an attack.

At one point, Special Agent Miltiadis Trousas said, Mohamud wanted to include a photo of the burning towers on 9/11 with a story. Khan said it was too violent.

Trousas noted that Mohamud also sought advice from Khan on relationships and faith.

In one instance, according to Trousas, Mohamud asked Khan: “If my family are not following the Islamic law, how am I supposed to obey them?”

Khan advised Mohamud not to live with his family if he could not “persuade them,” Trousas said.

The trial continues this week with more testimony from undercover agents.

 

 

Police State Overcriminalization Normalized: NYPD Cops Handcuff & Interrogate 7 Year Old Boy For Hours Over Missing $5

In Uncategorized on January 30, 2013 at 12:06 pm

http://gothamist.com/assets_c/2013/01/2013_01_cuffbig-thumb-640x693-770789.jpgOldspeak:”In a Police State, over criminalization is a way of life. Children (particularly those of  minority and or low socioeconomic status), like all other citizens, are potentially threatening to the State. They are treated like criminals.  It is acceptable to detain, arrest, handcuff, and interrogate children  for hours in a school and police station. Children are regularly treated this way. This is regarded as normal.”

By Jen Chung @ The Gothamist:

A fight over $5 between Bronx school children escalated to the point where the police were called and a seven-year-old boy was arrested, handcuffed, and kept in custody for 10 hours, according to the child’s family, who is threatening to sue the city for $250 million. When Wilson Reyes’ mother Frances Mendez arrived at the 44th Precinct, she was shocked to see her son handcuffed to the wall. Mendez said, “My son was crying, ‘Mommy, it wasn’t me! Mommy, it wasn’t me!’ I never imagined the cops could do that to a child. We’re traumatized… Imagine how I felt seeing my son in handcuffs! It was horrible. I couldn’t believe what I was seeing.”

According to the Post reporters who spoke to Mendez and took a photograph of her with the boy, the whole mess started when there was a fight over another child’s $5:

The money, which was supposed to be used for a school trip that never happened, had fallen on the ground in front of Wilson and two other boys, and one of them scooped it up. Wilson was falsely accused of taking it, and he scuffled with one of the kids.Officers showed up at PS X114 on Dec. 4 at about 10:20 a.m., and handcuffed and held Wilson in a room there for four hours. They then hauled him off to the 44th Precinct station house for another six hours of interrogation and verbal abuse, according to a $250 million claim against the city and the NYPD.

According to legal documents, another child admitted to stealing the money. But that’s little comfort for Mendez, who says that police refused to let her see her son: “When cops finally allowed the pair to see the boy, they found the panicked kid seated in a shabby chair with his left wrist cuffed to the wall, Mendez said. She quickly snapped a damning photo of the scene. ‘My sister and I started crying when we saw him,’ Mendez said.”

Her lawyer Jack Yanowitz said, “It’s unfathomable, what the police did. The whole thing sounds so stupid. They were interrogating him like he was a hardened criminal.” But the police claim that they were following procedure. NYPD spokeswoman Kim Royster told the Daily News, “The attorney is fabricating the amount of time the child was in custody.” She insists Wilson was only held for four hours and 40 minutes.

Other police sources tell the Post and Daily News that Wilson allegedly punched a child. The News reports:

The cop source close to the incident said the 7-year-old had been bullying the victim for some time, prompting the victim’s mom to call for a meeting with teachers and the suspect’s mom. “This kid is no angel, even though he may look like it,” the source said. “We made the arrest based on the complainant aggressively complaining about what the defendant did to him. This wasn’t something where one kid runs off with another kid’s basketball. This 7-year-old attacked someone and took his money. There’s a little more to this story than it appears.”

Further, the source points out that children seven to 17 can be charged as juveniles. “Everything was done properly,” the unidentified cop told the News, adding that the boy was given pizza during his detention. “He was arrested for a robbery. He was taken to the precinct and put in the juvenile room. His parent was allowed to see him.” Another source argues that “If we didn’t handcuff him and he ran out the front door, then we would have had an escaped prisoner on our hands.”

We’re all sleeping better at night for that! The NYPD has a history of handcuffing unassuming criminal types—like the 7-year-old special ed student, the 12-year-old who doodled on her desk, and the 15-year-old who used her student Metrocard.

You Can Go To Jail For Walking Between Subway Cars. No Jail For HSBC After Laundering 800 Million For Drug Cartels & Al-Qaeda

In Uncategorized on December 14, 2012 at 4:13 pm

http://i.ytimg.com/vi/B7EGhw1-Q54/0.jpgOldspeak: “The banking corporation HSBC has escaped indictment for laundering billions of dollars for Mexican drug cartels and groups linked to al-Qaeda. Despite evidence of wrongdoing, the U.S. Department of Justice has allowed the bank to avoid prosecution and pay a $1.9 billion fine. No top HSBC officials will face charges, either.” -Amy GoodmanWhen your most elite, most powerful members of the society adopt a strategy of plundering, then they will develop a morality that doesn’t simply permit plundering, but valorizes it. And when that happens, the moral structures of the society will inevitably deteriorate. In the upper classes that leads to polite looting. In the under classes that leads to street looting. -William K. Black  This is the nature of Inverted Totalitarian Kleptocracy. Blatant, rampant and repeated, spectacular violations of the law by those in the “inner party” go unpunished.  Brutal, unyielding, heavy handed, clinical enforcement of the law for those in the “outer party” and “proles” for the most ridiculously dubious “laws”.  HSBC joins an impressive list, Bank Of America, Citigroup, Wachovia, Wells Fargo, all found to be laundering money for illegal foreign organizations. Why is HSBC laundering money for known affiliates of terrorists? How is this organization not guilty of “material support for terrorism”, for which untold Muslims and anti-government activists are disappeared regularly? And no one goes to jail. As long as corporations fiance elected officials, write regulations and the legislation that establishes regulations, madness like this will continue. And get worse.

By Matt Taibbi @ Rolling Stone:

If you’ve ever been arrested on a drug charge, if you’ve ever spent even a day in jail for having a stem of marijuana in your pocket or “drug paraphernalia” in your gym bag, Assistant Attorney General and longtime Bill Clinton pal Lanny Breuer has a message for you: Bite me.

Breuer this week signed off on a settlement deal with the British banking giant HSBC that is the ultimate insult to every ordinary person who’s ever had his life altered by a narcotics charge. Despite the fact that HSBC admitted to laundering billions of dollars for Colombian and Mexican drug cartels (among others) and violating a host of important banking laws (from the Bank Secrecy Act to the Trading With the Enemy Act), Breuer and his Justice Department elected not to pursue criminal prosecutions of the bank, opting instead for a “record” financial settlement of $1.9 billion, which as one analyst noted is about five weeks of income for the bank.

The banks’ laundering transactions were so brazen that the NSA probably could have spotted them from space. Breuer admitted that drug dealers would sometimes come to HSBC’s Mexican branches and “deposit hundreds of thousands of dollars in cash, in a single day, into a single account, using boxes designed to fit the precise dimensions of the teller windows.”

This bears repeating: in order to more efficiently move as much illegal money as possible into the “legitimate” banking institution HSBC, drug dealers specifically designed boxes to fit through the bank’s teller windows. Tony Montana’s henchmen marching dufflebags of cash into the fictional “American City Bank” in Miami was actually more subtle than what the cartels were doing when they washed their cash through one of Britain’s most storied financial institutions.

Though this was not stated explicitly, the government’s rationale in not pursuing criminal prosecutions against the bank was apparently rooted in concerns that putting executives from a “systemically important institution” in jail for drug laundering would threaten the stability of the financial system. The New York Times put it this way:

Federal and state authorities have chosen not to indict HSBC, the London-based bank, on charges of vast and prolonged money laundering, for fear that criminal prosecution would topple the bank and, in the process, endanger the financial system.

It doesn’t take a genius to see that the reasoning here is beyond flawed. When you decide not to prosecute bankers for billion-dollar crimes connected to drug-dealing and terrorism (some of HSBC’s Saudi and Bangladeshi clients had terrorist ties, according to a Senate investigation), it doesn’t protect the banking system, it does exactly the opposite. It terrifies investors and depositors everywhere, leaving them with the clear impression that even the most “reputable” banks may in fact be captured institutions whose senior executives are in the employ of (this can’t be repeated often enough) murderersand terrorists. Even more shocking, the Justice Department’s response to learning about all of this was to do exactly the same thing that the HSBC executives did in the first place to get themselves in trouble – they took money to look the other way.

And not only did they sell out to drug dealers, they sold out cheap. You’ll hear bragging this week by the Obama administration that they wrested a record penalty from HSBC, but it’s a joke. Some of the penalties involved will literally make you laugh out loud. This is from Breuer’s announcement:

As a result of the government’s investigation, HSBC has . . . “clawed back” deferred compensation bonuses given to some of its most senior U.S. anti-money laundering and compliance officers, and agreed to partially defer bonus compensation for its most senior officials during the five-year period of the deferred prosecution agreement.

Wow. So the executives who spent a decade laundering billions of dollars will have to partially defer their bonuses during the five-year deferred prosecution agreement? Are you fucking kidding me? That’s the punishment? The government’s negotiators couldn’t hold firm on forcing HSBC officials to completely wait to receive their ill-gotten bonuses? They had to settle on making them “partially” wait? Every honest prosecutor in America has to be puking his guts out at such bargaining tactics. What was the Justice Department’s opening offer – asking executives to restrict their Caribbean vacation time to nine weeks a year?

So you might ask, what’s the appropriate financial penalty for a bank in HSBC’s position? Exactly how much money should one extract from a firm that has been shamelessly profiting from business with criminals for years and years? Remember, we’re talking about a company that has admitted to a smorgasbord of serious banking crimes. If you’re the prosecutor, you’ve got this bank by the balls. So how much money should you take?

How about all of it? How about every last dollar the bank has made since it started its illegal activity? How about you dive into every bank account of every single executive involved in this mess and take every last bonus dollar they’ve ever earned? Then take their houses, their cars, the paintings they bought at Sotheby’s auctions, the clothes in their closets, the loose change in the jars on their kitchen counters, every last freaking thing. Take it all and don’t think twice. And then throw them in jail.

Sound harsh? It does, doesn’t it? The only problem is, that’s exactly what the government does just about every day to ordinary people involved in ordinary drug cases.

It’d be interesting, for instance, to ask the residents of Tenaha, Texas what they think about the HSBC settlement. That’s the town where local police routinely pulled over (mostly black) motorists and, whenever they found cash, offered motorists a choice: They could either allow police to seize the money, or face drug and money laundering charges.

Or we could ask Anthony Smelley, the Indiana resident who won $50,000 in a car accident settlement and was carrying about $17K of that in cash in his car when he got pulled over. Cops searched his car and had drug dogs sniff around: The dogs alerted twice. No drugs were found, but police took the money anyway. Even after Smelley produced documentation proving where he got the money from, Putnam County officials tried to keep the money on the grounds that he could have used the cash to buy drugs in the future.

Seriously, that happened. It happens all the time, and even Lanny Breuer’s own Justice Deparment gets into the act. In 2010 alone, U.S. Attorneys’ offices deposited nearly $1.8 billion into government accounts as a result of forfeiture cases, most of them drug cases. You can see the Justice Department’s own statistics right here:

 Justice Department’s own statistics
Justice Department

If you get pulled over in America with cash and the government even thinks it’s drug money, that cash is going to be buying your local sheriff or police chief a new Ford Expedition tomorrow afternoon.

And that’s just the icing on the cake. The real prize you get for interacting with a law enforcement officer, if you happen to be connected in any way with drugs, is a preposterous, outsized criminal penalty. Right here in New York, one out of every seven cases that ends up in court is a marijuana case.

Just the other day, while Breuer was announcing his slap on the wrist for the world’s most prolific drug-launderers, I was in arraignment court in Brooklyn watching how they deal with actual people. A public defender explained the absurdity of drug arrests in this city. New York actually has fairly liberal laws about pot – police aren’t supposed to bust you if you possess the drug in private. So how do police work around that to make 50,377 pot-related arrests in a single year, just in this city? Tthat was 2010; the 2009 number was 46,492.)

“What they do is, they stop you on the street and tell you to empty your pockets,” the public defender explained. “Then the instant a pipe or a seed is out of the pocket – boom, it’s ‘public use.’ And you get arrested.”

People spend nights in jail, or worse. In New York, even if they let you off with a misdemeanor and time served, you have to pay $200 and have your DNA extracted – a process that you have to pay for (it costs 50 bucks). But even beyond that, you won’t have search very far for stories of draconian, idiotic sentences for nonviolent drug crimes.

Just ask Cameron Douglas, the son of Michael Douglas, who got five years in jail for simple possession. His jailers kept him in solitary for 23 hours a day for 11 months and denied him visits with family and friends. Although your typical non-violent drug inmate isn’t the white child of a celebrity, he’s usually a minority user who gets far stiffer sentences than rich white kids would for committing the same crimes – we all remember the crack-versus-coke controversy in which federal and state sentencing guidelines left (predominantly minority) crack users serving sentences up to 100 times harsher than those meted out to the predominantly white users of powdered coke.

The institutional bias in the crack sentencing guidelines was a racist outrage, but this HSBC settlement blows even that away. By eschewing criminal prosecutions of major drug launderers on the grounds (the patently absurd grounds, incidentally) that their prosecution might imperil the world financial system, the government has now formalized the double standard.

They’re now saying that if you’re not an important cog in the global financial system, you can’t get away with anything, not even simple possession. You will be jailed and whatever cash they find on you they’ll seize on the spot, and convert into new cruisers or toys for your local SWAT team, which will be deployed to kick in the doors of houses where more such inessential economic cogs as you live. If you don’t have a systemically important job, in other words, the government’s position is that your assets may be used to finance your own political disenfranchisement.

On the other hand, if you are an important person, and you work for a big international bank, you won’t be prosecuted even if you launder nine billion dollars. Even if you actively collude with the people at the very top of the international narcotics trade, your punishment will be far smaller than that of the person at the very bottom of the world drug pyramid. You will be treated with more deference and sympathy than a junkie passing out on a subway car in Manhattan (using two seats of a subway car is a common prosecutable offense in this city). An international drug trafficker is a criminal and usually a murderer; the drug addict walking the street is one of his victims. But thanks to Breuer, we’re now in the business, officially, of jailing the victims and enabling the criminals.

This is the disgrace to end all disgraces. It doesn’t even make any sense. There is no reason why the Justice Department couldn’t have snatched up everybody at HSBC involved with the trafficking, prosecuted them criminally, and worked with banking regulators to make sure that the bank survived the transition to new management. As it is, HSBC has had to replace virtually all of its senior management. The guilty parties were apparently not so important to the stability of the world economy that they all had to be left at their desks.

So there is absolutely no reason they couldn’t all face criminal penalties. That they are not being prosecuted is cowardice and pure corruption, nothing else. And by approving this settlement, Breuer removed the government’s moral authority to prosecute anyone for any other drug offense. Not that most people didn’t already know that the drug war is a joke, but this makes it official.

By Amy Goodman & Juan Gonzalez @ Democracy Now:

JUAN GONZÁLEZ: Well, let’s go on to HSBC. The banking giant has escaped indictment for laundering billions of dollars for Mexican drug cartels and groups linked to al-Qaeda. The bank reportedly supplied a billion dollars to a firm whose founder had ties to al-Qaeda and shipped billions in cash from Mexico to the United States despite warnings the money was coming from drug cartels. Earlier this year, a Senate investigation concluded that HSBC provided a, quote, “gateway for terrorists to gain access to U.S. dollars and the U.S. financial system.”

Despite evidence of wrongdoing, the Justice Department has allowed the bank to avoid prosecution and pay a $1.9 billion fine. No top HSBC officials will face charges. While it’s reportedly the largest penalty ever paid by a bank, the deal has come under wide criticism. Officials reportedly agreed to seek the fine over concerns that criminal charges would have hurt the global financial system.

Loretta Lynch is U.S. attorney for the Eastern District of New York.

LORETTA LYNCH: We are here today to announce the filing of criminal charges against HSBC Bank, both its U.S. entity, HSBC U.S., and the parent HSBC group, for its sustained and systemic failure to guard against the corruption of our financial system by drug traffickers and other criminals and for evading U.S. sanctions law. HSBC, as you know, is one of the largest financial institutions in the world, with affiliates and personnel spanning the globe. Yet during the relevant time periods, they failed to comply with the legal requirements incumbent on all U.S. financial institutions to have in place compliance mechanisms and safeguards to guard against being used for money laundering.

HSBC has admitted its guilt to the four-count information filed today, which sets forth two violations of the Bank Secrecy Act, a violation of the International Emergency Economic Powers Act, or IEEPA, and violation of the Trading with the Enemy Act. As part of its resolution of these charges, HSBC has agreed to forfeit $1.256 billion, the largest forfeiture amount ever by a financial institution for a compliance failure.

AMY GOODMAN: That was U.S. Attorney Loretta Lynch.

Meanwhile, HSBC Group Chief Executive Stuart Gulliver said in a statement, quote, “We accept responsibility for our past mistakes. We have said we are profoundly sorry for them.” He added the bank had, quote, “taken extensive and concerted steps to put in place the highest standards for the future.”

News of HSBC’s fine comes as three low-level traders were arrested in London as part of an international investigation into 16 international banks accused of rigging a key global interest rate used in contracts worth trillions of dollars. The London Interbank Offered Rate, known as Libor, is the average interest rate at which banks can borrow from each other. Some analysts say it defines the cost of money. The benchmark rate sets the borrowing costs of everything from mortgages to student loans to credit card accounts.

Well, for more on the latest bank scandals, we’re joined by Matt Taibbi, contributing editor for Rolling Stone magazine. His latest book is Griftopia: A Story of Bankers, Politicians, and the Most Audacious Power Grab in American History.

Now, how did Forbes put it, Matt? “What’s a bank got to do to get into some real trouble around here?”

MATT TAIBBI: Exactly, exactly. And what’s amazing about that is that’s Forbes saying that. I mean, universally, the reaction, even in—among the financial press, which is normally very bank-friendly and gives all these guys the benefit of the doubt, the reaction is, is “What do you have to do to get a criminal indictment?” What HSBC has now admitted to is, more or less, the worst behavior that a bank can possibly be guilty of. You know, they violated the Trading with the Enemy Act, the Bank Secrecy Act. And we’re talking about massive amounts of money. It was $9 billion that they failed to supervise properly. These crimes were so obvious that apparently the cartels in Mexico specifically designed boxes to put cash in so that they would fit through the windows of HSBC teller windows. So, it was so out in the open, these crimes, and there’s going to be no criminal prosecution whatsoever, which is incredible.

JUAN GONZÁLEZ: And emails found where bank officials were instructing officials in Iran and in some other countries at how best to hide their efforts to move money into their system?

MATT TAIBBI: Exactly, yeah, and that’s true at HSBC, and apparently we have a very similar scandal involving another British bank, Standard Chartered, which also paid an enormous fine recently for laundering money for—through Iran. This, again, comes on the heels of the Libor scandal, which has already caught up two major British banks—the Royal Bank of Scotland and Barclays. So, you have essentially all of the major British banks now are inveigled in these enormous scandals. We have a couple of arrests, you know, today involving low-level people in the Libor thing, but it doesn’t look like any major players are going to be indicted criminally for any of this.

JUAN GONZÁLEZ: And this whole argument that the bank is too big to indict because of the threat to the world financial system, most people don’t know that HSBC stands for Hong Kong and Shanghai Banking Corporation. It’s a British bank that goes back to the early days of British colonialism in Asia.

MATT TAIBBI: Sure.

JUAN GONZÁLEZ: And is it too big to be indicted?

MATT TAIBBI: The amazing thing about that rationale is that it’s exactly the opposite of the truth. The message that this sends to everybody, when banks commit crimes and nobody is punished for it, is that you can do it again. You know, if there’s no criminal penalty for committing even the most obvious kinds of crimes, that tells everybody, investors all over the world, that the banking system is inherently unsafe. And so, the message is, this is not a move to preserve the banking system at all. In fact, it’s incredibly destructive. It undermines the entire world confidence in the banking system. It’s an incredible decision that, again, is met with surprise even with—by people in the financial community.

AMY GOODMAN: On Tuesday, Thomas Curry, head of the Office of the Comptroller of the Currency, the lead regulator for HSBC in the U.S., defended the settlement.

THOMAS CURRY: These actions send a strong message to the bank and to the financial services industry to make compliance with the law a priority to safeguard their institutions from being misused in ways that threaten American lives.

AMY GOODMAN: That’s Thomas Curry, head of the Office of the Comptroller of the Currency. It seems like a lot of people who are in prison right now—low-level thieves, criminals, drug launderers, people who have been accused of working with al-Qaeda—perhaps could appeal their convictions now and get out of jail.

MATT TAIBBI: Right. Right, yeah, exactly. I was in court yesterday, in criminal court in Brooklyn. I saw somebody come out of—come into court who had just been overnight in jail for walking from one subway car to another in front of a policeman. You can do real time in jail in America for all kinds of ridiculous offenses, for taking up two subway seats in New York City, if you fall asleep in the subway. People go to jail for that all the time in this country, for having a marijuana stem in your pocket. There are 50,000 marijuana possession cases in New York City alone every year. And here we have a bank that laundered $800 million of drug money, and they can’t find a way to put anybody in jail for that. That sends an incredible message not just to the financial sector but to everybody. It’s an obvious, clear double standard, where one set of people gets to break the rules as much as they want and another set of people can’t break any rules at all without going to jail. And I just don’t see how they don’t see this problem.

JUAN GONZÁLEZ: Well, Matt, Assistant Attorney General Lanny Breuer outlined some of HSBC’s alleged drug cartel ties.

ASSISTANT ATTORNEY GENERAL LANNY BREUER: From 2006 to 2010, the Sinaloa cartel in Mexico, the Norte del Valle cartel in Colombia and other drug traffickers laundered at least $881 million in illegal narcotics trafficking proceeds through HSBC Bank USA. These traffickers didn’t have to try very hard. They would sometimes deposit hundreds of thousands of dollars in cash in a single day into a single account, using boxes, as Loretta said, designed to fit the precise dimensions of the tellers’ windows in HSBC’s Mexico branches.

JUAN GONZÁLEZ: Matt, this is like Monopoly, the board game, all over again, you know? Get out of jail free, you know.

MATT TAIBBI: Yeah.

JUAN GONZÁLEZ: Instead of $50, you pay $1.9 billion, but you’re still getting out of jail free.

MATT TAIBBI: And this fits in the—in with the pattern of the entire financial crisis. $1.9 billion sounds like a lot of money, and it definitely is. It’s a record settlement. No bank has ever paid this much money before. But it’s about two months’ worth of profits for HSBC. It’s not going to cripple this bank. It’s not even going to hurt them that badly for this year. It fits in line with the Goldman Sachs settlement in the Abacas case, which was hailed at the time as a record settlement. It was $575 million. But that was about 1/20th of what they got just through the AIG bailout. So, this is not a lot of money for these people. It sounds like a lot of money to the layperson, but for the crimes they committed, getting away with just money—and it’s not even their own money, it’s not their personal money, it’s the shareholders’ money—it’s incredible. It really—it literally is a get-out-of-jail-free card.

JUAN GONZÁLEZ: And, of course, the way that big banks these days can borrow money from the U.S. Fed for no interest—

MATT TAIBBI: For free.

JUAN GONZÁLEZ: For free.

MATT TAIBBI: Free.

JUAN GONZÁLEZ: Basically, they can just take money from the government and pay the government back.

AMY GOODMAN: What does the Justice Department, what does the Obama administration, gain by not actually holding HSBC accountable?

MATT TAIBBI: You know, I think—I’ve asked myself that question numerous times. I really believe—and I think a lot of people believe this—that the Obama administration sincerely accepts the rationale that to aggressively prosecute crimes committed by this small group of too-big-to-fail banks would undermine confidence in the global financial system and that they therefore have to give them a pass on all sorts of things, because we are teetering on the edge of a problem, and if any one of them were to fall out, it would cause a domino effect of losses and catastrophes like the Lehman Brothers business. And I think they’re genuinely afraid of that. And so, that’s the only legitimate explanation that you can possibly assign to this situation, because, as we know, Wall Street abandoned the Obama administration this year when it came to funding in the election. They heavily supported Mitt Romney and didn’t give Obama much money at all.

Shamiur Rahman: NYPD Paid Me To ‘Bait’ Muslims Into Saying Things About Jihad, Terrorism

In Uncategorized on October 24, 2012 at 2:04 pm

Shamiur Rahman

Oldspeak:”COINTELPRO lives on in America.  In the form of a tactic called “create and capture.” Muslims being recruited, coerced and paid to incite other Muslims to take part in jihad or terrorist acts, and then arresting and imprisoning them. Your “Homeland Security” dollars hard at work.  O_o This is what’s it’s come to in this burgeoning police state.  Local law enforcement agencies illegally collaborating with national intelligence agencies (The CIA is expressly forbidden from operating within the United States) to conjure up Muslim terrorists. This is the demented logic of the “War On Terror”. In order to justify continued funding of anti-terror programs, there must be terrorists to prosecute the “war” against.  It is why the Obama administration has designated all “military aged” men  aged 16 and older in a “strike zone” as “combatants”.  It is why the FBI is helping to plan and provide material support to terrorist plots, they take credit for “foiling”. Terrorism has become a growth industry. As has conveniently enough the prison system.  Concurrently while people are distracted by the specter of terrorism, as conditions deteriorate, more and more citizens will be designated as “domestic terrorists” for choosing to protest.  The most essential tragedy of this whole horrific turn of events, the terrorists have won. They’ve induced America to bankrupt itself, spending trillions tracking and killing terrorists its policies have created.  They’ve induced Americans to live in a perpetual state of fear, suspicion and distrust. This mentality permeates its government, as evidenced with vast increases in resources devoted to domestic spying and surveillance of  law-abiding citizens.  They’ve induced Americans to give up their civil liberties for promises of enhanced  “security” and “safety”.  America’s gone. Inverted Totalitarian Kleptocracy reigns.

By ADAM GOLDMAN and MATT APUZZO @ The Huffington Post:

NEW YORK — A paid informant for the New York Police Department’s intelligence unit was under orders to “bait” Muslims into saying inflammatory things as he lived a double life, snapping pictures inside mosques and collecting the names of innocent people attending study groups on Islam, he told The Associated Press.

Shamiur Rahman, a 19-year-old American of Bangladeshi descent who has now denounced his work as an informant, said police told him to embrace a strategy called “create and capture.” He said it involved creating a conversation about jihad or terrorism, then capturing the response to send to the NYPD. For his work, he earned as much as $1,000 a month and goodwill from the police after a string of minor marijuana arrests.

“We need you to pretend to be one of them,” Rahman recalled the police telling him. “It’s street theater.”

Rahman said he now believes his work as an informant against Muslims in New York was “detrimental to the Constitution.” After he disclosed to friends details about his work for the police – and after he told the police that he had been contacted by the AP – he stopped receiving text messages from his NYPD handler, “Steve,” and his handler’s NYPD phone number was disconnected.

Rahman’s account shows how the NYPD unleashed informants on Muslim neighborhoods, often without specific targets or criminal leads. Much of what Rahman said represents a tactic the NYPD has denied using.

The AP corroborated Rahman’s account through arrest records and weeks of text messages between Rahman and his police handler. The AP also reviewed the photos Rahman sent to police. Friends confirmed Rahman was at certain events when he said he was there, and former NYPD officials, while not personally familiar with Rahman, said the tactics he described were used by informants.

Informants like Rahman are a central component of the NYPD’s wide-ranging programs to monitor life in Muslim neighborhoods since the 2001 terrorist attacks. Police officers have eavesdropped inside Muslim businesses, trained video cameras on mosques and collected license plates of worshippers. Informants who trawl the mosques – known informally as “mosque crawlers” – tell police what the imam says at sermons and provide police lists of attendees, even when there’s no evidence they committed a crime.

The programs were built with unprecedented help from the CIA.

Police recruited Rahman in late January, after his third arrest on misdemeanor drug charges, which Rahman believed would lead to serious legal consequences. An NYPD plainclothes officer approached him in a Queens jail and asked whether he wanted to turn his life around.

The next month, Rahman said, he was on the NYPD’s payroll.

NYPD spokesman Paul Browne did not immediately return a message seeking comment on Tuesday. He has denied widespread NYPD spying, saying police only follow leads.

In an Oct. 15 interview with the AP, however, Rahman said he received little training and spied on “everything and anyone.” He took pictures inside the many mosques he visited and eavesdropped on imams. By his own measure, he said he was very good at his job and his handler never once told him he was collecting too much, no matter whom he was spying on.

Rahman said he thought he was doing important work protecting New York City and considered himself a hero.

One of his earliest assignments was to spy on a lecture at the Muslim Student Association at John Jay College of Criminal Justice in Manhattan. The speaker was Ali Abdul Karim, the head of security at the Masjid At-Taqwa mosque in Brooklyn. The NYPD had been concerned about Karim for years and already had infiltrated the mosque, according to NYPD documents obtained by the AP.

Rahman also was instructed to monitor the student group itself, though he wasn’t told to target anyone specifically. His NYPD handler, Steve, told him to take pictures of people at the events, determine who belonged to the student association and identify its leadership.

On Feb. 23, Rahman attended the event with Karim and listened, ready to catch what he called a “speaker’s gaffe.” The NYPD was interested in buzz words such as “jihad” and “revolution,” he said. Any radical rhetoric, the NYPD told him, needed to be reported.

John Jay president Jeremy Travis said Tuesday that police had not told the school about the surveillance. He did not say whether he believed the tactic was appropriate.

“As an academic institution, we are committed to the free expression of ideas and to creating a safe learning environment for all of our students,” he said in a written statement. “We are working closely with our Muslim students to affirm their rights and to reassure them that we support their organization and freedom to assemble.”

Talha Shahbaz, then the vice president of the student group, met Rahman at the event. As Karim was finishing his talk on Malcolm X’s legacy, Rahman told Shahbaz that he wanted to know more about the student group. They had briefly attended the same high school in Queens.

Rahman said he wanted to turn his life around and stop using drugs, and said he believed Islam could provide a purpose in life. In the following days, Rahman friended him on Facebook and the two exchanged phone numbers. Shahbaz, a Pakistani who came to the U.S. more three years ago, introduced Rahman to other Muslims.

“He was telling us how he loved Islam and it’s changing him,” said Asad Dandia, who also became friends with Rahman.

Secretly, Rahman was mining his new friends for details about their lives, taking pictures of them when they ate at restaurants and writing down license plates on the orders of the NYPD.

On the NYPD’s instructions, he went to more events at John Jay, including when Siraj Wahhaj spoke in May. Wahhaj, 62, is a prominent but controversial New York imam who has attracted the attention of authorities for years. Prosecutors included his name on a 3 1/2-page list of people they said “may be alleged as co-conspirators” in the 1993 World Trade Center bombing, though he was never charged. In 2004, the NYPD placed Wahhaj on an internal terrorism watch list and noted: “Political ideology moderately radical and anti-American.”

That evening at John Jay, a friend took a photograph of Wahhaj with a grinning Rahman.

Rahman said he kept an eye on the MSA and used Shahbaz and his friends to facilitate traveling to events organized by the Islamic Circle of North America and Muslim American Society. The society’s annual convention in Hartford, Conn, draws a large number of Muslims and plenty of attention from the NYPD. According to NYPD documents obtained by the AP, the NYPD sent three informants there in 2008 and was keeping tabs on the group’s former president.

Rahman was told to spy on the speakers and collect information. The conference was dubbed “Defending Religious Freedom.” Shahbaz paid Rahman’s travel expenses.

Rahman, who was born in Queens, said he never witnessed any criminal activity or saw anybody do anything wrong.

He said he sometimes intentionally misinterpreted what people had said. For example, Rahman said he would ask people what they thought about the attack on the U.S. Consulate in Libya, knowing the subject was inflammatory. It was easy to take statements out of context, he said. Rahman said he wanted to please his NYPD handler, whom he trusted and liked.

“I was trying to get money,” Rahman said. “I was playing the game.”

Rahman said police never discussed the activities of the people he was assigned to target for spying. He said police told him once, “We don’t think they’re doing anything wrong. We just need to be sure.”

On some days, Rahman’s spent hours and covered miles in his undercover role. On Sept. 16, for example, he made his way in the morning to the Al Farooq Mosque in Brooklyn, snapping photographs of an imam and the sign-up sheet for those attending a regular class on Islamic instruction. He also provided their cell phone numbers to the NYPD. That evening he spied on people at Masjid Al-Ansar, also in Brooklyn.

Text messages on his phone showed that Rahman also took pictures last month of people attending the 27th annual Muslim Day Parade in Manhattan. The parade’s grand marshal was New York City Councilman Robert Jackson.

Rahman said he eventually tired of spying on his friends, noting that at times they delivered food to needy Muslim families. He said he once identified another NYPD informant spying on him. He took $200 more from the NYPD and told them he was done as an informant. He said the NYPD offered him more money, which he declined. He told friends on Facebook in early October that he had been a police spy but had quit. He also traded Facebook messages with Shahbaz, admitting he had spied on students at John Jay.

“I was an informant for the NYPD, for a little while, to investigate terrorism,” he wrote on Oct. 2. He said he no longer thought it was right. Perhaps he had been hunting terrorists, he said, “but I doubt it.”

Shahbaz said he forgave Rahman.

“I hated that I was using people to make money,” Rahman said. “I made a mistake.”

___

Staff writer David Caruso in New York contributed to this story.

New NYPD Anti-Occupy Wall Street Tactics: Sexual Assaults Of Peaceful Female Protestors

In Uncategorized on May 4, 2012 at 2:36 pm


Oldspeak:
“US security apparatus has long “used sexual humiliation as a tool of control.” -Naomi Wolf  “Why target women in particular? No doubt it’s partly simply the logic of the bully, to brutalize those you think are weak, and more easily traumatized. But another reason is, almost certainly, the hope of provoking violent reactions on the part of male protestors… As Gandhi revealed, non-violent protest is effective above all because it reveals how power really operates: it lays bare the violence it is willing to unleash on even the most peaceful citizens when they dare to challenge its moral legitimacy. And by doing so, it reveals the true moral bankruptcy of those who claim authority to rule us. Occupy Wall Street has demonstrated this time and time again.” -David Graeber Behold! The horror of naked, unbridled, unaccountable state-sponsored terroristic violence. Security forces breaking bones, violating civil/human rights, terrorizing peaceably assembled women, elderly, and children. The pattern repeated the world over, where ever there is protest, there is vicious and brutal police/military violence in response. Whether you choose to see it or not, The Transnational Corporate Network’s security forces are active world wide, repressing dissent and consolidating control over conscientious  dissenters. As more of us refuse to assent to the “violence inherent in the system” it will become harder and harder to  ignore it because EVERYONE will be repressed by the corporatocracy in order to perpetuate this obviously broken and unsustainable system (As many of us already are, but don’t know). Even those who think these protests have nothing to do with them or their lives. “Stay Asleep” “Ignorance Is Strength”

Related Story:

The U.S. & The Five Stages Of Collapse

By David Graeber @ Naked Capitalism:

A few weeks ago I was with a few companions from Occupy Wall Street in Union Square when an old friend — I’ll call her Eileen — passed through, her hand in a cast.

“What happened to you?” I asked.

“Oh, this?” she held it up. “I was in Liberty Park on the 17th [the Six Month Anniversary of the Occupation]. When the cops were pushing us out the park, one of them yanked at my breast.”

“Again?” someone said.

We had all been hearing stories like this. In fact, there had been continual reports of police officers groping women during the nightly evictions from Union Square itself over the previous two weeks.

“Yeah so I screamed at the guy, I said, ‘you grabbed my boob! what are you, some kind of fucking pervert?’ So they took me behind the lines and broke my wrists.”

Actually, she quickly clarified, only one wrist was literally broken. She proceeded to launch into a careful, well-nigh clinical blow-by-blow description of what had happened. An experienced activist, she knew to go limp when police seized her, and how to do nothing that could possibly be described as resisting arrest. Police dragged her, partly by the hair, behind their lines and threw her to the ground, periodically shouting “stop resisting!” as she shouted back “I’m not resisting!” At one point though, she said, she did tell them her glasses had fallen to the sidewalk next to her, and announced she was going to reach over to retrieve them. That apparently gave them all the excuse they needed. One seized her right arm and bent her wrist backwards in what she said appeared to be some kind of marshal-arts move, leaving it not broken, but seriously damaged. “I don’t know exactly what they did to my left wrist—at that point I was too busy screaming at the top of my lungs in pain. But they broke it. After that they put me in plastic cuffs, as tightly as they possibly could, and wouldn’t loosen them for at least an hour no matter how loud I screamed or how much the other prisoners begged them to help me. For a while everyone in the arrest van was chanting ‘take them off, take them off’ but they just ignored them…”

On March 17, several hundred members of Occupy Wall Street celebrated the six month anniversary of their first camp at Zuccotti Park by a peaceful reoccupation of the park—a reoccupation broken up within hours by police with 32 arrests. Later that evening a break-away group moved north, finally establishing itself on the southern end of Union Square, two miles away, even sleeping in park—though the city government soon after decided to defy a century-old tradition and begin closing the park every night just so they would not be able to establish a camp there. Since then, occupiers have taken advantage of past judicial rulings to continue to sleep on sidewalks outside the park, and more recently, on Wall Street itself.

During this time, peaceful occupiers have been faced with continual harassment arrests, almost invariably on fabricated charges (“disorderly conduct,” “interfering with the conduct of a police officer”—the latter a charge that can be leveled, for instance, against those who try to twist out of the way when an officer is hitting them.) I have seen one protestor at Union Square arrested, by four officers using considerable force, for sitting on the ground to pet a dog; another, for wrapping a blanket around herself (neither were given warnings; but both behaviors were considered too close to “camping”); a third, an ex-Marine, for using obscene language on the Federal steps. Others were reportedly arrested on those same steps for singing a satirical version of the “Officer Krumpke” song from West Side Story. Almost no march goes by without one or two protestors, at least, being hurled against vehicles or have their heads bashed against the ground while being arrested for straying off the sidewalk. The message here is clear. Law has nothing to do with it. Anyone who engages in Occupy Wall Street-related activity should know they can be arrested, for virtually any reason, at any time.

Many of these arrests are carried out in such a way to guarantee physical injury. The tone was set on that first night of March 17, when my friend Eileen’s wrists were broken; others suffered broken fingers, concussions, and broken ribs. Again, this was on a night where OWS actions were confined to sitting in a park, playing music, raising one or two tents, and marching down the street. To give a sense of the level of violence protestors were subjected to, during the march north to Union Square, we saw the first major incident of window-breaking in New York. The window in question was broken not by protestors, but by police—using a protestor’s head. The victim in this case was a street medic named José (owing to the likelihood of physical assault and injuries from police, OWSers in New York as elsewhere have come to carry out even the most peaceful protests accompanied by medics trained in basic first aid.) He offered no resistance.

Here is a video of the incident. The window-breaking begins at 3:45.

Police spokesmen later claimed this incident was a response to a bottle that was hurled at a police vehicle used to transport arrestees. Such claims are made almost automatically when videos appear documenting police assaults on non-violent protestors, yet, despite the presence of cameras everywhere, including those wielded by the police themselves, no actual documentation of any such claims ever seems to appear. This is no exception. In fact numerous witnesses confirmed this simply isn’t true, and even if a bottle had been thrown at an armored vehicle, not even the police have suggested they had any reason to believe the medic whose head was smashed into the window was the one who threw it.

Arbitrary violence is nothing new. The apparently systematic use of sexual assault against women protestors is new. I’m not aware of any reports of police intentionally grabbing women’s breasts before March 17, but on March 17 there were numerous reported cases, and in later nightly evictions from Union Square, the practice became so systematic that at least one woman told me her breasts were grabbed by five different police officers on a single night (in one case, while another one was blowing kisses.) The tactic appeared so abruptly, is so obviously a violation of any sort of police protocol or standard of legality, that it is hard to imagine it is anything but an intentional policy.

For obvious reasons, most of the women who have been victims of such assaults have been hesitant to come forward. Suing the city is a miserable and time-consuming task and if a woman brings any charge involving sexual misconduct, they can expect to have their own history and reputations—no matter how obviously irrelevant—raked over the coals, usually causing immense damage to their personal and professional life. The threat of doing so operates as a very effective form of intimidation. One exception is Cecily McMillan, who was not only groped but suffered a broken rib and seizures during her arrest on March 17, and held incommunicado, denied constant requests to see her lawyer, for over 24 hours thereafter. Shortly after release from the hospital she appeared on Democracy Now! And showed part of a handprint, replete with scratch-marks, that police had left directly over her right breast. (She is currently pursuing civil charges against the police department):

I’d like to emphasize this because when I first mention this, the usual reaction, from reporters or even some ordinary citizens, is incredulity. ‘Surely this must be a matter of a few rogue officers!’ It is difficult to conceive of an American police commander directly telling officers to grope women’s breasts—even through indirect code words. But we know that in other countries, such things definitely happen. In Egypt, for example, there was a sudden spate of sexual assaults by security forces against protestors in November and December 2011, and followed a very similar pattern: while women activists affirmed there had been beatings, but relatively few specifically sexual assaults during the height of the protests, starting in November, there were dozens of reports of women being groped or stripped while they were being beaten. The level of the violence in Egypt may have been more extreme, but the circumstances were identical: an attempt to revive a protest movement through re-occupation is met by a sudden ratcheting up of tactics by the security forces, and in particular, the sudden dramatic appearance of a tactic of sexual attacks on women. It is hard to imagine in either case it was a coincidence. In Egypt, no serious observer is even suggesting that it was.

Of course we cannot how such decisions are made, or conveyed; in fact, most of us find it unpleasant even to contemplate the idea of police officials ordering or encouraging sexual assault against the very citizens they are sworn to protect. But this seems to be precisely what is happening here.
.
For many, the thought of police officials ordering or condoning sexual assault—even if just through a nod or a wink—seems so shocking that absolute proof would be required. But is it really so out of character? As Naomi Wolf has recently reminded us, the US security apparatus has long “used sexual humiliation as a tool of control.” Any experienced activist is aware of the delight police officers so often take in explaining just how certainly they will be raped if placed in prison. Strip searches—which the Supreme Court has recently ruled can be deployed against any citizen held for so much as a traffic violation—are often deployed as a tool of humiliation and punishment. And one need hardly remark on well-documented practices at Guantanamo, Bagram, or Abu Ghraib. Why target women in particular? No doubt it’s partly simply the logic of the bully, to brutalize those you think are weak, and more easily traumatized. But another reason is, almost certainly, the hope of provoking violent reactions on the part of male protestors. I myself well remember a police tactic I observed more than once during the World Economic Forum demonstrations in New York in 2002: a plainclothes officer would tackle a young female marcher, without announcing of who they were, and when one or two men would gallantly try to come to her assistance, uniforms would rush in and arrest them for “assaulting an officer.” The logic makes perfect sense to someone with military background. Soldiers who oppose allowing a combat role for women almost invariably say they do so not because they are afraid women would not behave effectively in battle, but because they are afraid men would not behave effectively in battle if women were present—that is, that they would become so obsessed with the possibility of women in their unit being captured and sexually assaulted that they would behave irrationally. If the police were trying to provoke a violent reaction on the part of studiously non-violent protestors, as a way of justifying even greater brutality and felony charges, this would clearly be the most effective means of doing so.

There’s a good deal of anecdotal evidence that would tend to confirm that this is exactly what they are trying to do. One of the most peculiar incidents took place on a recent march in New York where police seem to have simulated such an assault, arresting a young women who most activists later concluded was probably an undercover officer (no one had seen her before or has seen her since), then ostentatiously groping her as she was handcuffed. Reportedly, several male protestors had to physically restrained (by other protestors) from charging in to help her.

Why is all this not a national story? Back in September, when the now famous Tony Bologna arbitrarily maced several young women engaged in peaceful protest, the event became a national news story. In March, even while we were still hearing heated debates over a single incident of window-breaking that may or may not have been by an OWS activist in Oakland four months earlier, no one seems to have paid any significant attention to the first major incident of window-breaking in New York—even though the window was broken, by police, apparently, using a non-violent protestors’ head!

I suspect one reason so many shy away from confronting the obvious is because it raises extremely troubling questions about the role of police in American society. Most middle class Americans see the primary role of police as maintaining public order and safety. Instances when police are clearly trying to foment violence and disorder for political purposes so fly in the face of everything we have been taught that our instinct is to tell ourselves it isn’t happening: there must have been some provocation, or else, it must have just been individual rogue cops. Certainly not something ordered by the highest echelons. But here we have to remember the police are an extremely top-down, centralized organization. Uniformed officers simply cannot behave in ways that flagrantly defy the law, in full public view, on an ongoing basis, without having at least tacit approval from those above.

In this case, we also know precisely who those superiors are. The commander of the First Precinct, successor to the disgraced Tony Bologna, is Captain Edward J. Winski, whose officers patrol the Financial District (that is, when those very same officers are not being paid directly by Wall Street firms to provide security, which they regularly do, replete with badges, uniforms, and weapons). Winski often personally directs groups of police attacking protestors:

Winsky’s superior is Police Commissioner Raymond Kelly, former director of global security of the Wall Street firm Bear Stearns:

And Kelly’s superior, in turn, is Mayor Michael Bloomberg – the well-known former investment banker and Wall Street magnate. The 11th richest man in America, he has referred to the New York City Police Department as his own personal army:

One of the great themes of Occupy Wall Street, of course, is the death of US democracy—the near-total capture of our political system by Wall Street firms and the financial power of the 1%. In the beginning the emphasis was on political corruption, the fact that both parties so beholden to the demands of Wall Street and corporate lobbyists that working within the political system to change anything has become simply meaningless. Recent events have demonstrated just how much deeper the power of money really goes. It is not just the political class. It is the very structure of American government, starting with the law and those who are sworn to enforce it—police officers who, as even this brief illustration makes clear, are directly in the pay of and under the orders of Wall Street executives, and who, as a result, are willing to systematically violate their oaths to protect the public when members of that public have the temerity to make a public issue out of exactly these kind of arrangements.

As Gandhi revealed, non-violent protest is effective above all because it reveals how power really operates: it lays bare the violence it is willing to unleash on even the most peaceful citizens when they dare to challenge its moral legitimacy. And by doing so, it reveals the true moral bankruptcy of those who claim authority to rule us. Occupy Wall Street has demonstrated this time and time again. What the current spate of assaults shows is just how low, to what levels of utter moral degradation, such men are really willing to sink.

Update (3:40 PM): In comments, a reader asked why I did not go to the media. My response:

To be honest my first impulse was to call a sympathetic Times reporter. He said he was going to see if he could spin a story out of it. Apparently his editors told him it wasn’t news.

 

Newly-Released Documents Confirm Federal Agencies Coordinated Violent Crackdown Occupy Protesters

In Uncategorized on April 27, 2012 at 4:25 pm

Oldspeak:”China violently cracks down on protesters. Iran violently cracks down on protesters. North Korea violently cracks down on protesters. Syria violently cracks down on protesters. The United States violently cracks down on protesters. Ignore the populist rhetoric. The Obama Administration is no friend of the 99%. It has been working actively to quash dissent, restrict protest, and silence whisleblowers. “What these documents are beginning to reveal is also the coordination between federal law enforcement agencies and private corporate entities representing the 1% that wanted to see the Occupy movement removed from public view and shut out of America’s parks.” -Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund. This is what inverted totalitarian kleptocracy looks like. Government and corporate interests working in concert to deprive the people of constitutionally guaranteed rights.  At some point we’ll have to awaken to the reality that our beloved country is not that much different from the ones we’re told demonize. “Freedom Is Slavery”

Related Stories

Wikileaks: Internal Report Indicates U.S. Department Of Homeland Security Monitoring Occupy Wall Street Protests

Obama Administration Coordinated Local Police Crackdowns On Occupy Encampments Nationwide

Occupy Wall Street “Counterinsurgency” Has Infiltrated Protests; Seeks To Diffuse Message

FBI To Expand Domestic Surveillance Powers As Details Emerge Of Its Spy Campaign Targeting American Activists

By The Partnership For Civil Justice Fund:

Two days before the NYPD’s eviction of the Occupy Wall Street encampment from Zuccotti Park in lower Manhattan, Brookfield Properties’ security was in direct communications and sharing information with the US Park Police in Washington DC, and communicating with other cities around the country, according to newly released internal documents from the National Park Service.

The documents were released late Friday to the Partnership for Civil Justice Fund (PCJF) in response to the civil rights legal group’s FOIA demands to the NPS, FBI, CIA, DHS and other federal law enforcement agencies seeking information about the role of Federal agencies in the coordinated nationwide crackdown that led to the eviction of Occupy encampments in cities throughout the United States. The request was made also on behalf of author and filmmaker Michael Moore and the National Lawyers Guild Mass Defense Committee The PCJF is making the documents immediately available for review, and highlighting key initial findings .

“When the PCJF issued this FOIA request we wanted to uncover and expose whether local government and local law enforcement agencies were working in a coordinated way with the federal government to suppress and shut down the Occupy Movement which had inspired the country starting in September, 2011,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund. “What these documents are beginning to reveal is also the coordination between law enforcement agencies and private corporate entities representing the 1% that wanted to see the Occupy movement removed from public view and shut out of America’s parks.”

These initially released documents show:

  • The private corporate entity Brookfield Properties, which manages Zuccotti Park, had its security agency in communication with cities across the country about police actions designed to evict the Occupy movement and sought information as to Park Police plans to evict in D.C. 48 hours before OWS was evicted.
  • U.S. Park Police were communicating step by step, as they took action in regard to Occupy DC, with the Secret Service, DHS, and other police agencies as well as personnel affiliated with LEO.gov, the FBI’s nationally integrated network and alert system involving all aspects of civilian law enforcement, intelligence agencies and the military. As its website states, “LEO supports the FBI’s ten priorities by providing cost-effective, time-critical national alerts and information sharing to public safety, law enforcement, antiterrorism and intelligence agencies in support of the Global War on Terrorism.”

It is also noteworthy that the DHS has not produced the communications they participated in, in response to FOIA demands, confirming the PCJF’s assertion that the search they have conducted is inadequate. The PCJF has refused to narrow its request to DHS’ initial search and is demanding further disclosure.

More documents are being released to the PCJF. Please click here to be sure that you receive notice as documents become available. To read more about OWS FOIA updates visit www.JusticeOnline.org/ows.

###

The Partnership for Civil Justice Fund (PCJF) is a not-for-profit constitutional rights legal and educational organization which, among other things, seeks to ensure constitutional accountability within police practices and government transparency in operations. The PCJF filed the class action suit challenging the NYPD’s October 1 mass arrest of more than 700 protestors on the Brooklyn Bridge. It has brought class action cases in which more than 1,000 persons were falsely arrested during protests in Washington, D.C., resulting in settlements totaling $22 million and major changes in police practices. The PCJF previously brought the successful litigation in New York challenging the 2004 ban on protests in the Great Lawn of Central Park. It is counsel with the National Lawyers Guild in Oakland, CA challenging police mass arrest tactics. It won a unanimous ruling at the D.C. Circuit Court of Appeals finding the MPD’s unprecedented military-style police checkpoint program unconstitutional. The PCJF previously uncovered and disclosed that the D.C. police employed an unlawful domestic spying and agent provocateur program in which officers were sent on long-term assignments posing as political activists and infiltrated lawful and peaceful groups. For more information go to: www.JusticeOnline.org.

 

 

Follow

Get every new post delivered to your Inbox.

Join 405 other followers