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

Posts Tagged ‘Constitutional Rights’

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

In Uncategorized on October 11, 2011 at 4:57 pm

Oldspeak:“So this is the America we live in today. Law enforcement spying on citizens without warrants or probable cause. Law enforcement using paid informants to identify and cultivate “targets”; usually poor, simpletons, desperate for money, mostly muslim. Encourage them to commit terrorist acts. HELP THEM PLAN AND GIVE THEM THE MATERIALS to carry out the attack. Then at the last possible instant arresting them for doing so. AND using those same paid informants unsubstantiated testimony (who get a performance bonus every time) to help prosecute and convict the men they coerced into performing terrorist acts. “With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings. (The exceptions are Najibullah Zazi, who came close to bombing [26] the New York City subway system in September 2009; Hesham Mohamed Hadayet [27], an Egyptian who opened fire on the El-Al ticket counter at the Los Angeles airport; and failed Times Square bomber Faisal Shahzad [28].” What we have here is Federal Law Enforcement, under a democratic president, CREATING CRIMES. Why? You ask? Law Enforcement is business. It’s a vital cog in the prison-industrial complex. Without crime, budgets can’t be justified. Smaller budgets mean less inmates, less inmates means less slave laborers available, to make low-cost goods. But I digress. The farcical “War On Terror” must have its ‘Emmanuel Goldstein‘, today, in America, it’s “Muslim Extremists”. There must be paradeable, widely reported and commented on ‘defeats’ of  the ‘extremists’ to justify the existence of the gargantuan ‘National Security/Surveillance State‘ No one really knows how much money it costs, how many people it employs or how many programs exist within it. Good news for the  Military Industrial Complex; it’s selling surveillance  technology to state and local law enforcement to monitor thousands of average Americans, who 9 times out of 10 have not been accused of wrongdoing.

This is the America we live in today. A highly sophisticated, stealth totalitarian state, where the range of acceptable thought and behavior are dictated by a few powerful men and that range is getting narrower and more polarized every day. These few men assiduously and insidiously, tell you what to think, say, learn and  know In the schools they finance and control. What to love, ignore and hate, via multivariate and impossibly seductive and addictive marketing, entertainment, social networking  and infotainment platforms. What to wear, how to smell, where to go, what’s cool what’s not…. etc. All the while telling you you’re an individual, you’re the master of your fate, you’re free to choose whatever you like.  Neo-totalitarianism isn’t something you fear, it’s something you adore. Unless of course you step out of line. The  beauty of neo-totalitarianism is it’s self-correcting. “Extremists” are treated with skepticism, suspicion, derision, or just flat-out ignored, if the point of view espoused doesn’t fit into a prescribed range of thought that supports the status quo. Citizens do it all the time. When they hear things that don’t jive with the corporate approved narrative they’re bombarded with every day, their first reaction is not to explore it further and determine it’s veracity on their own. They’re more likely to dismiss it as “crazy” or a “conspiracy theory” or some “leftie” “righty” propaganda. Our ability to think critically and independently is constantly being eroded on both an institutional and social level. The sound-bytetification  and atomization of our society pervasive, making it that much more difficult for us to organize, resist, and dissent.” “Freedom Is Slavery”

Related Stories:

FBI Counterterrorism Operations Scrutinizing Political Activists 

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

Deserving Neither Liberty Nor Safety: The Patriot Act & The FBI’s Long-Term Assault on Civil Liberties In America 

By Trevor Aaronson @ Mother Jones:

The FBI has built a massive network of spies to prevent another domestic attack. But are they busting terrorist plots—or leading them?

UPDATE: On September 28, Rezwan Ferdaus, a 26-year-old graduate of Northeastern University, was arrested and charged with providing resources to a foreign terrorist organization and attempting to destroy national defense premises. Ferdaus, according to the FBI, planned to blow up both the Pentagon and Capitol Building with a “large remote-controlled aircraft filled with C-4 plastic explosives.”

The case was part of a nearly ten-month investigation led by the FBI. Not surprisingly, Ferdaus’ case fits a pattern detailed by Trevor Aaronson in his article below: the FBI provided Ferdaus with the explosives and materials needed to pull off the plot. In this case, two undercover FBI employees, who Ferdaus believed were al Qaeda members, gave Ferdaus $7,500 to purchase an F-86 Sabre model airplane that Ferdaus hoped to fill with explosives. Right before his arrest, the FBI employees gave Ferdaus, who lived at home with his parents, the explosives he requested to pull off his attack. And just how did the FBI come to meet Ferdaus? An informant with a criminal record introduced Ferdaus to the supposed al Qaeda members.

To learn more about how the FBI uses informants to bust, and sometimes lead, terrorist plots, read Aaronson’s article below.

James Cromitie [8] was a man of bluster and bigotry. He made up wild stories about his supposed exploits, like the one about firing gas bombs into police precincts using a flare gun, and he ranted about Jews. “The worst brother in the whole Islamic world is better than 10 billion Yahudi,” he once said [9].

A 45-year-old Walmart stocker who’d adopted the name Abdul Rahman after converting to Islam during a prison stint for selling cocaine, Cromitie had lots of worries—convincing his wife he wasn’t sleeping around, keeping up with the rent, finding a decent job despite his felony record. But he dreamed of making his mark. He confided as much in a middle-aged Pakistani he knew as Maqsood.

“I’m gonna run into something real big [10],” he’d say. “I just feel it, I’m telling you. I feel it.”

Maqsood and Cromitie had met at a mosque in Newburgh, a struggling former Air Force town about an hour north of New York City. They struck up a friendship, talking for hours about the world’s problems and how the Jews were to blame.

It was all talk until November 2008, when Maqsood pressed his new friend.

“Do you think you are a better recruiter or a better action man?” Maqsood asked [11].

“I’m both,” Cromitie bragged.

“My people would be very happy to know that, brother. Honestly.”

“Who’s your people?” Cromitie asked.

“Jaish-e-Mohammad.”

CRUNCH THE NUMBERS

We analyzed the prosecutions of 508 alleged domestic terrorists. View them by affiliation or state, or play with the full data set.

     <All States>     Alabama     Alaska     Arizona     Arkansas     California     Colorado     Connecticut     Delaware     District of Columbia     Florida     Georgia     Illinois     Indiana     Iowa     Kentucky     Louisiana     Maine     Maryland     Massachusetts     Michigan     Minnesota     Mississippi     Missouri     Montana     New Jersey     New York     North Carolina     Ohio     Oklahoma     Oregon     Pennsylvania     South Carolina     Tennessee     Texas     Virginia     Washington     Wisconsin      
     <All Affiliations>     Abu Sayyaf     Al Qaeda     Al Shabaab     Al-Aqsa Martyrs’ Brigades     Al-Barakat     Al-Fuqra     Al-Haramain Islamic Foundation     Al-Ittihad Al-Islami     Alleged affiliation     Ansar al-Islam     Free Government of Vietnam     Hamas     Hezbollah     Iraqi insurgency     Jam’iyyat Ul-Islam Is-Saheeh     Jemaah Islamiyah     Khalistan Commando Force (KCF)     Lashkar-e-Taiba     Mujahideen-e-Khalq     Palestinian Islamic Jihad     FARC     Taliban     Tamil Tigers     Terrorist training camps in AfPak     AUC      

Maqsood said he was an agent for the Pakistani terror group, tasked with assembling a team to wage jihad in the United States. He asked Cromitie what he would attack if he had the means. A bridge, Cromitie said.

“But bridges are too hard to be hit,” Maqsood pleaded, “because they’re made of steel.”

“Of course they’re made of steel,” Cromitie replied. “But the same way they can be put up, they can be brought down.”

Maqsood coaxed Cromitie toward a more realistic plan. The Mumbai attacks were all over the news, and he pointed out how those gunmen targeted hotels, cafés, and a Jewish community center.

“With your intelligence, I know you can manipulate someone,” Cromitie told his friend. “But not me, because I’m intelligent.” The pair settled on a plot to bomb synagogues in the Bronx, and then fire Stinger missiles at airplanes taking off from Stewart International Airport in the southern Hudson Valley. Maqsood would provide all the explosives and weapons, even the vehicles. “We have two missiles, okay?” he offered [12]. “Two Stingers, rocket missiles.”

Maqsood was an undercover operative; that much was true. But not for Jaish-e-Mohammad. His real name was Shahed Hussain [13], and he was a paid informant for the Federal Bureau of Investigation.

Ever since 9/11, counterterrorism has been the FBI’s No. 1 priority, consuming the lion’s share of its budget—$3.3 billion, compared to $2.6 billion for organized crime—and much of the attention of field agents and a massive, nationwide network of informants. After years of emphasizing informant recruiting as a key task for its agents, the bureau now maintains a roster of 15,000 spies—many of them tasked, as Hussain was, with infiltrating Muslim communities in the United States. In addition, for every informant officially listed in the bureau’s records, there are as many as three unofficial ones, according to one former high-level FBI official, known in bureau parlance as “hip pockets.”

The bureau now maintains a roster of 15,000 spies, some paid as much as $100,000 per case, many of them tasked with infiltrating Muslim communities in the United States.

The informants could be doctors, clerks, imams. Some might not even consider themselves informants. But the FBI regularly taps all of them as part of a domestic intelligence apparatus whose only historical peer might be COINTELPRO [14], the program the bureau ran from the ’50s to the ’70s to discredit and marginalize organizations ranging from the Ku Klux Klan to civil-rights and protest groups.

Throughout the FBI’s history, informant numbers have been closely guarded secrets. Periodically, however, the bureau has released those figures. A Senate oversight committee in 1975 found the FBI had 1,500 informant [15]s [15]. In 1980, officials disclosed there were 2,800 [16]. Six years later, following the FBI’s push into drugs and organized crime, the number of bureau informants ballooned to 6,000, the Los Angeles Times reported [16] in 1986. And according to the FBI, the number grew significantly after 9/11. In its fiscal year 2008 budget authorization request [17], the FBI disclosed that it it had been been working under a November 2004 presidential directive demanding an increase [18] in “human source development and management,” and that it needed $12.7 million [19] for a program to keep tabs on its spy network and create software to track and manage informants.

The bureau’s strategy has changed significantly from the days when officials feared another coordinated, internationally financed attack from an Al Qaeda sleeper cell. Today, counterterrorism experts believe groups like Al Qaeda, battered by the war in Afghanistan and the efforts of the global intelligence community, have shifted to a franchise model, using the internet to encourage sympathizers to carry out attacks in their name. The main domestic threat, as the FBI sees it, is a lone wolf.

The bureau’s answer has been a strategy known variously as “preemption,” “prevention,” and “disruption”—identifying and neutralizing potential lone wolves before they move toward action. To that end, FBI agents and informants target not just active jihadists, but tens of thousands of law-abiding people, seeking to identify those disgruntled few who might participate in a plot given the means and the opportunity. And then, in case after case, the government provides the plot, the means, and the opportunity.

Here’s how it works: Informants report to their handlers on people who have, say, made statements sympathizing with terrorists. Those names are then cross-referenced with existing intelligence data, such as immigration and criminal records. FBI agents may then assign an undercover operative to approach the target by posing as a radical. Sometimes the operative will propose a plot, provide explosives, even lead the target in a fake oath to Al Qaeda. Once enough incriminating information has been gathered, there’s an arrest—and a press conference [20] announcing another foiled plot.

If this sounds vaguely familiar, it’s because such sting operations are a fixture in the headlines. Remember the Washington Metro [21] bombing plot? The New York subway [22]plot? The guys who planned to blow up the Sears Tower [23]? The teenager seeking to bomb a Portland Christmas tree [24] lighting? Each of those plots, and dozens more across the nation, was led by an FBI asset.

Over the past year, Mother Jones and the Investigative Reporting Program at the University of California-Berkeley have examined prosecutions of 508 defendants in terrorism-related cases, as defined by the Department of Justice. Our investigation found:

  • Nearly half the prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violations. (For more on the details of those 508 cases, see our charts page [6] and searchable database [25].)
  • Sting operations resulted in prosecutions against 158 defendants. Of that total, 49 defendants participated in plots led by an agent provocateur—an FBI operative instigating terrorist action.
  • With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings. (The exceptions are Najibullah Zazi, who came close to bombing [26] the New York City subway system in September 2009; Hesham Mohamed Hadayet [27], an Egyptian who opened fire on the El-Al ticket counter at the Los Angeles airport; and failed Times Square bomber Faisal Shahzad [28].)
  • In many sting cases, key encounters between the informant and the target were not recorded—making it hard for defendants claiming entrapment to prove their case.
  • Terrorism-related charges are so difficult to beat in court, even when the evidence is thin, that defendants often don’t risk a trial.

“The problem with the cases we’re talking about is that defendants would not have done anything if not kicked in the ass by government agents,” says Martin Stolar, a lawyer who represented a man caught in a 2004 sting involving New York’s Herald Square [22] subway station. “They’re creating crimes to solve crimes so they can claim a victory in the war on terror.” In the FBI’s defense, supporters argue that the bureau will only pursue a case when the target clearly is willing to participate in violent action. “If you’re doing a sting right, you’re offering the target multiple chances to back out,” says Peter Ahearn, a retired FBI special agent who directed the Western New York Joint Terrorism Task Force and oversaw the investigation of the Lackawanna Six [29], an alleged terror cell near Buffalo, New York. “Real people don’t say, ‘Yeah, let’s go bomb that place.’ Real people call the cops.”

A guide to counterterrorism jargon.

1001: Known as the “Al Capone,” Title 18, Section 1001 [30] of the federal criminal code covers the crime of lying to federal agents. Just as the government prosecuted Capone for tax violations[31], it has frequently used 1001 against terrorism defendants [32] whose crimes or affiliations it couldn’t prove in court.
Agent provocateur: An informant or undercover operative who incites a target to take unlawful action [33]; the phrase originally described strikebreakers trying to provoke violence [34].

Assessment: The term for a 72-hour investigation [35]—which may include surveillance—that FBI agents can launch without having a predicate [36] (see below).

COINTELPRO [14]: From 1956 to 1971, the FBI’s Counter Intelligence Program attempted to infiltrate and sometimes harass domestic political groups [37], from the Ku Klux Klan to the National Lawyers Guild and the Southern Christian Leadership Conference [38].

DIOG: The Domestic Investigations and Operations Guide [36], a 258-page FBI manual for undercover operations and the use of informants. Recently revised to allow agents to look for information—including going through someone’s trash—about a person who is not formally being investigated [39], sometimes to flip them as an informant.

Domain Management: An FBI data-mining and analysis program [36] used to map US communities along ethnic and religious lines.

Hip pocket: An unregistered informant who provides information [40] and tips to FBI agents but whose information is not used in court.

Joint Terrorism Task Force: A partnership among federal and local law enforcement agencies [41]; through it, for example, FBI agents can join forces with immigration agents [42] to put the squeeze on someone to become an informant.

Material support: Providing help to a designated foreign terrorist organization. This can include money, lodging, training, documents, weapons, and personnel[43]—including oneself, and including joining a terrorist cell dreamed up by the FBI [44].

Operator: Someone who wants to be a terrorist; in the FBI’s view, sympathizers become operators [3].

Predicate: Information clearly suggesting that an individual is involved in unlawful activity; it’s required for the FBI to start an investigation [36].

Even so, Ahearn concedes that the uptick in successful terrorism stings might not be evidence of a growing threat so much as a greater focus by the FBI. “If you concentrate more people on a problem,” Ahearn says, “you’ll find more problems.” Today, the FBI follows up on literally every single call, email, or other terrorism-related tip it receives for fear of missing a clue.

And the emphasis is unlikely to shift anytime soon. Sting operations have “proven to be an essential law enforcement tool in uncovering and preventing potential terror attacks,” said Attorney General Eric Holder in a December 2010 speech [45] to Muslim lawyers and civil rights activists. President Obama’s Department of Justice has announced sting-related prosecutions at an even faster clip than the Bush administration, with 44 new cases since January 2009. With the war on terror an open-ended and nebulous conflict, the FBI doesn’t have an exit strategy.

Located deep in a wooded area on a Marine Corps base west of Interstate 95—a setting familiar from Silence of the Lambs—is the sandstone fortress of the FBI Academy in Quantico, Virginia. This building, erected under J. Edgar Hoover, is where to this day every FBI special agent is trained.

J. Stephen Tidwell graduated from the academy in 1981 and over the years rose to executive assistant director, one of the 10 highest positions in the FBI; in 2008, he coauthored the Domestic Investigations and Operations Guide, or DIOG [46] (PDF), the manual for what agents and informants can and cannot do.

A former Texas cop, Tidwell is a barrel-chested man with close-cropped salt-and-pepper hair. He’s led some of the FBI’s highest-profile investigations, including the DC sniper case and the probe of the 9/11 attack on the Pentagon.

On a cloudy spring afternoon, Tidwell, dressed in khakis and a blue sweater, drove me in his black Ford F-350 through Hogan’s Alley [47]—a 10-acre Potemkin village with houses, bars, stores, and a hotel. Agents learning the craft role-play stings, busts, and bank robberies here, and inside jokes and pop-culture references litter the place (which itself gets its name from a 19th-century comic strip). At one end of the town is the Biograph Theater, named for the Chicago movie house where FBI agents gunned down John Dillinger [48] in 1934. (“See,” Tidwell says. “The FBI has a sense of humor.”)

Inside the academy, a more somber tone prevails. Plaques everywhere honor agents who have been killed on the job. Tidwell takes me to one that commemorates John O’Neill, who became chief of the bureau’s then-tiny counterterrorism section in 1995. For years before retiring from the FBI, O’Neill warned [49] of Al Qaeda’s increasing threat, to no avail. In late August 2001, he left the bureau to take a job as head of security for the World Trade Center, where he died 19 days later at the hands of the enemy he’d told the FBI it should fear. The agents he had trained would end up reshaping the bureau’s counterterrorism operations.

Before 9/11, FBI agents considered chasing terrorists an undesirable career path, and their training did not distinguish between Islamic terror tactics and those employed by groups like the Irish Republican Army. “A bombing case is a bombing case,” Dale Watson, who was the FBI’s counterterrorism chief on 9/11, said in a December 2004 deposition. The FBI also did not train agents in Arabic or require most of them to learn about radical Islam. “I don’t necessarily think you have to know everything about the Ku Klux Klan to investigate a church bombing,” Watson said. The FBI had only one Arabic speaker [50] in New York City and fewer than 10 nationwide.

But shortly after 9/11, President George W. Bush called FBI Director Robert Mueller to Camp David. His message: never again. And so Mueller committed to turn the FBI into a counterintelligence organization rivaling Britain’s MI5 in its capacity for surveillance and clandestine activity. Federal law enforcement went from a focus on fighting crime to preventing crime; instead of accountants and lawyers cracking crime syndicates, the bureau would focus on Jack Bauer-style operators disrupting terror groups.

To help run the counterterrorism section, Mueller drafted Arthur Cummings, a former Navy SEAL who’d investigated the first World Trade Center bombing. Cummings pressed agents to focus not only on their immediate target, but also on the extended web of people linked to the target. “We’re looking for the sympathizer who wants to become an operator, and we want to catch them when they step over that line to operator,” Cummings says. “Sometimes, that step takes 10 years. Other times, it takes 10 minutes.” The FBI’s goal is to create a hostile environment for terrorist recruiters and operators—by raising the risk of even the smallest step toward violent action. It’s a form of deterrence, an adaptation of the “broken windows” theory used to fight urban crime. Advocates insist it has been effective, noting that there hasn’t been a successful large-scale attack against the United States since 9/11. But what can’t be answered—as many former and current FBI agents acknowledge—is how many of the bureau’s targets would have taken the step over the line at all, were it not for an informant.
So how did the FBI build its informant network? It began by asking where US Muslims lived. Four years after 9/11, the bureau brought in a CIA expert on intelligence-gathering methods named Phil Mudd [51]. His tool of choice was a data-mining system using commercially available information, as well as government data such as immigration records, to pinpoint the demographics of specific ethnic and religious communities—say, Iranians in Beverly Hills or Pakistanis in the DC suburbs.

The FBI officially denies that the program, known as Domain Management, works this way—its purpose, the bureau says, is simply to help allocate resources according to threats. But FBI agents told me that with counterterrorism as the bureau’s top priority, agents often look for those threats in Muslim communities—and Domain Management allows them to quickly understand those communities’ makeup. One high-ranking former FBI official jokingly referred to it as “Battlefield Management.”

Some FBI veterans criticized the program as unproductive and intrusive—one told Mudd during a high-level meeting that he’d pushed the bureau to “the dark side.” That tension has its roots in the stark difference between the FBI and the CIA: While the latter is free to operate internationally without regard to constitutional rights, the FBI must respect those rights in domestic investigations, and Mudd’s critics saw the idea of targeting Americans based on their ethnicity and religion as a step too far.

Nonetheless, Domain Management quickly became the foundation for the FBI’s counterterrorism dragnet. Using the demographic data, field agents were directed to target specific communities to recruit informants. Some agents were assigned to the task full time. And across the bureau, agents’ annual performance evaluations are now based in part on their recruiting efforts.

People cooperate with law enforcement for fairly simple reasons: ego, patriotism, money, or coercion. The FBI’s recruitment has relied heavily on the latter. One tried-and-true method is to flip someone facing criminal charges. But since 9/11 the FBI has also relied heavily on Immigration and Customs Enforcement [42], with which it has worked closely as part of increased interagency coordination. A typical scenario will play out like this: An FBI agent trying to get someone to cooperate will look for evidence that the person has immigration troubles. If they do, he can ask ICE to begin or expedite deportation proceedings. If the immigrant then chooses to cooperate, the FBI will tell the court that he is a valuable asset, averting deportation.

A well-muscled 49-year-old with a shaved scalp, Craig Monteilh has been a versatile snitch: He’s pretended to be a white supremacist, a Russian hit man, a Sicilian drug trafficker, and a French-Syrian Muslim.

Sometimes, the target of this kind of push is the one person in a mosque who will know everyone’s business—the imam. Two Islamic religious leaders, Foad Farahi [52] in Miami and Sheikh Tarek Saleh in New York City, are currently fighting deportation proceedings that, they claim, began after they refused to become FBI assets. The Muslim American Society Immigrant Justice Center has filed similar complaints on behalf of seven other Muslims with the Department of Homeland Security.

Once someone has signed on as an informant, the first assignment is often a fishing expedition. Informants have said in court testimony that FBI handlers have tasked them with infiltrating mosques without a specific target or “predicate”—the term of art for the reason why someone is investigated. They were, they say, directed to surveil law-abiding Americans with no indication of criminal intent.

“The FBI is now telling agents they can go into houses of worship without probable cause,” says Farhana Khera, executive director of the San Francisco-based civil rights group Muslim Advocates. “That raises serious constitutional issues.”

Tidwell himself will soon have to defend these practices in court—he’s among those named in a class-action lawsuit [53] (PDF) over an informant’s allegation that the FBI used him to spy on a number of mosques in Southern California.

That informant, Craig Monteilh, is a convicted felon who made his money ripping off cocaine dealers before becoming an asset for the Drug Enforcement Administration and later the FBI. A well-muscled 49-year-old with a shaved scalp, Monteilh has been a particularly versatile snitch: He’s pretended to be a white supremacist, a Russian hit man, and a Sicilian drug trafficker. He says when the FBI sent him into mosques (posing as a French-Syrian Muslim), he was told to act as a decoy for any radicals who might seek to convert him—and to look for information to help flip congregants as informants, such as immigration status, extramarital relationships, criminal activities, and drug use. “Blackmail is the ultimate goal,” Monteilh says.

Officially, the FBI denies it blackmails informants. “We are prohibited from using threats or coercion,” says Kathleen Wright, an FBI spokeswoman. (She acknowledges that the bureau has prevented helpful informants from being deported.)

FBI veterans say reality is different from the official line. “We could go to a source and say, ‘We know you’re having an affair. If you work with us, we won’t tell your wife,'” says a former top FBI counterterrorism official. “Would we actually call the wife if the source doesn’t cooperate? Not always. You do get into ethics here—is this the right thing to do?—but legally this isn’t a question. If you obtained the information legally, then you can use it however you want.”

But eventually, Monteilh’s operation imploded in spectacular fashion. In December 2007, police in Irvine, California, charged him with bilking two women out of $157,000 as part of an alleged human growth hormone scam. Monteilh has maintained it was actually part of an FBI investigation, and that agents instructed him to plead guilty to a grand-theft charge and serve eight months so as not to blow his cover. The FBI would “clean up” the charge later, Monteilh says he was told. That didn’t happen, and Monteilh has alleged in court filings that the government put him in danger by letting fellow inmates know that he was an informant. (FBI agents told me the bureau wouldn’t advise an informant to plead guilty to a state criminal charge; instead, agents would work with local prosecutors to delay or dismiss the charge.)

The class-action suit, filed by the ACLU, alleges that Tidwell, then the bureau’s Los Angeles-based assistant director, signed off on Monteilh’s operation. And Tidwell says he’s eager to defend the bureau in court. “There is not the blanket suspicion of the Muslim community that they think there is,” Tidwell says. “We’re just looking for the bad guys. Anything the FBI does is going to be interpreted as monitoring Muslims. I would tell [critics]: ‘Do you really think I have the time and money to monitor all the mosques and Arab American organizations? We don’t. And I don’t want to.'”
Shady informants, of course, are as old as the FBI; one saying in the bureau is, “To catch the devil, you have to go to hell.” Another is, “The only problem worse than having an informant is not having an informant.” Back in the ’80s, the FBI made a cottage industry of drug stings—a source of countless Hollywood plots, often involving briefcases full of cocaine and Miami as the backdrop.

It’s perhaps fitting, then, that one of the earliest known terrorism stings also unfolded in Miami, though it wasn’t launched by the FBI. Instead the protagonist was a Canadian bodyguard and, as a Fort Lauderdale, Florida, newspaper put it in 2002 [54], “a 340-pound man with a fondness for firearms and strippers.” He subscribed to Soldier of Fortune[55] and hung around a police supply store on a desolate stretch of Hollywood Boulevard, north of Miami.

Howard Gilbert aspired to be a CIA agent but lacked pertinent experience. So to pad his résumé, he hatched a plan to infiltrate a mosque in the suburb of Pembroke Pines by posing as a Muslim convert named Saif Allah [56]. He told congregants that he was a former Marine and a security expert, and one night in late 2000, he gave a speech about the plight of Palestinians.

“That was truly the night that launched me into the terrorist umbrella of South Florida,” Gilbert would later brag [57] to the South Florida Sun-Sentinel.

Nineteen-year-old congregant Imran Mandhai, stirred by the oration, approached Gilbert and asked if he could provide him weapons and training. Gilbert, who had been providing information to the FBI, contacted his handlers and asked for more money to work on the case. (He later claimed that the bureau had paid him $6,000.) But he ultimately couldn’t deliver—the target had sensed something fishy about his new friend.

The bureau also brought in Elie Assaad [58], a seasoned informant originally from Lebanon. He told Mandhai that he was an associate of Osama bin Laden tasked with establishing a training camp in the United States. Gilbert suggested attacking electrical substations in South Florida, and Assaad offered to provide a weapon. FBI agents then arrested Mandhai; he pleaded guilty in federal court and was sentenced to nearly 14 years in prison. It was a model of what would become the bureau’s primary counterterrorism M.O.—identifying a target, offering a plot, and then pouncing.

"These guys were homeless types," one former FBI official says about the alleged Sears Tower plotters. "And yes, we did show a picture where somebody was taking the oath to Al Qaeda. So what?": Illustration: Jeffrey Smith“These guys were homeless types,” one former FBI official says about the alleged Sears Tower plotters. “And yes, we did show a picture where somebody was taking the oath to Al Qaeda. So what?” Illustration: Jeffrey Smith

Gilbert himself didn’t get to bask in his glory; he never worked for the FBI again and died in 2004. Assaad, for his part, ran into some trouble when his pregnant wife called 911. She said Assaad had beaten and choked her to the point that she became afraid[59] for her unborn baby; he was arrested, but in the end his wife refused to press charges.

The jail stint didn’t keep Assaad from working for the FBI on what would turn out to be perhaps the most high-profile terrorism bust of the post-9/11 era. In 2005, the bureau got a tip [60] from an informant about a group of alleged terrorists in Miami’s Liberty City neighborhood. The targets were seven men [61]—some African American, others Haitian—who called themselves the“Seas of David” [62] and ascribed to religious beliefs that blended Judaism, Christianity, and Islam. The men were martial-arts enthusiasts who operated out of a dilapidated warehouse, where they also taught classes for local kids. The Seas of David’s leader was Narseal Batiste [63], the son of a Louisiana preacher, father of four, and a former Guardian Angel.

In response to the informant’s tip, the FBI had him wear a wire during meetings with the men, but he wasn’t able to engage them in conversations about terrorist plots. So he introduced the group to Assaad, now playing an Al Qaeda operative. At the informant’s request, Batiste took photographs of the FBI office in North Miami Beach and was caught on tape discussing a notion to bomb the Sears Tower in Chicago. Assaad led Batiste, and later the other men, in swearing an oath to Al Qaeda, though the ceremony (recorded and entered into evidence at trial) bore a certain “Who’s on First?” flavor:

God’s pledge is upon me, and so is his compact,” Assaad said as he and Batiste sat in his car. “Repeat after me.”

“Okay. Allah’s pledge is upon you.”

“No, you have to repeat exactly. God’s pledge is upon me, and so is his compact. You have to repeat.”

Ultimately, the undercover recordings suggest that Batiste was mostly trying to shake down his “terrorist” friend.

“Well, I can’t say Allah?” Batiste asked.

“Yeah, but this is an English version because Allah, you can say whatever you want, but—”

“Okay. Of course.”

“Okay.”

Allah’s pledge is upon me. And so is his compact,” Batiste said, adding: “That means his angels, right?”

“Uh, huh. To commit myself,” Assaad continued.

To commit myself.”

Brother.”

Brother,” Batiste repeated.

“Uh. That’s, uh, what’s your, uh, what’s your name, brother?”

“Ah, Brother Naz.”

“Okay. To commit myself,” the informant repeated.

To commit myself.”

Brother.”

Brother.”

“You’re not—you have to say your name!” Assaad cried.

“Naz. Naz.”

“Uh. To commit myself. I am Brother Naz. You can say, ‘To commit myself.'”

To commit myself, Brother Naz.”

Things went smoothly until Assaad got to a reference to being “protective of the secrecy of the oath and to the directive of Al Qaeda.”

Here Batiste stopped. “And to…what is the directive of?”

Directive of Al Qaeda,” the informant answered.

“So now let me ask you this part here. That means that Al Qaeda will be over us?”

“No, no, no, no, no,” Assaad said. “It’s an alliance.”

“Oh. Well…” Batiste said, sounding resigned.

“It’s an alliance, but it’s like a commitment, by, uh, like, we respect your rules. You respect our rules,” Assaad explained.

“Uh, huh,” Batiste mumbled.

And to the directive of Al Qaeda,” Assaad said, waiting for Batiste to repeat.

“Okay, can I say an alliance?” Batiste asked. “And to the alliance of Al Qaeda?

Of the alliance, of the directive—” Assaad said, catching himself. “You know what you can say? And to the directive and the alliance of Al Qaeda.”

“Okay, directive and alliance of Al Qaeda,” Batiste said.

“Okay,” the informant said. “Now officially you have commitment and we have alliance between each other. And welcome, Brother Naz, to Al Qaeda.”

Or not. Ultimately, the undercover recordings made by Assaad suggest that Batiste, who had a failing drywall business and had trouble making the rent for the warehouse, was mostly trying to shake down his “terrorist” friend. After first asking the informant for $50,000, Batiste is recorded in conversation after conversation asking how soon he’ll have the cash.

“Let me ask you a question,” he says in one exchange. “Once I give you an account number, how long do you think it’s gonna take to get me something in?”

“So you is scratching my back, [I’m] scratching your back—we’re like this,” Assaad dodged.

“Right,” Batiste said.

“When we put forth a case like that to suggest to the American public that we’re protecting them, we’re not protecting them. The agents back in the bullpen, they know it’s not true.”

The money never materialized. Neither did any specific terrorist plot. Nevertheless, federal prosecutors charged (PDF [64]) Batiste and his cohorts—whom the media dubbed the Liberty City Seven—with conspiracy to support terrorism, destroy buildings, and levy war against the US government. Perhaps the key piece of evidence was the video of Assaad’s Al Qaeda “oath.” Assaad was reportedly paid [65] $85,000 for his work on the case; the other informant got $21,000.

James J. Wedick, a former FBI agent, was hired to review the Liberty City case as a consultant for the defense. In his opinion, the informant simply picked low-hanging fruit. “These guys couldn’t find their way down the end of the street,” Wedick says. “They were homeless types. And, yes, we did show a picture where somebody was taking the oath to Al Qaeda. So what? They didn’t care. They only cared about the money. When we put forth a case like that to suggest to the American public that we’re protecting them, we’re not protecting them. The agents back in the bullpen, they know it’s not true.”

Indeed, the Department of Justice had a difficult time winning convictions in the Liberty City case. In three separate trials, juries deadlocked [66]on most of the charges, eventually acquitting one of the defendants (charges against another were dropped) and convicting five of crimes that landed them in prison for between 7 to 13 years. When it was all over, Assaad told ABC News’ Brian Ross [58] that he had a special sense for terrorists: “God gave me a certain gift.”

But he didn’t have a gift for sensing trouble. After the Liberty City case, Assaad moved on to Texas and founded a low-rent modeling agency [67]. In March, when police tried to pull him over, he led them in a chase through El Paso [68] (with his female passenger jumping out at one point), hit a cop with his car, and ended up rolling his SUV on the freeway. Reached by phone, Assaad declined to comment. He’s saving his story, he says, for a book he’s pitching to publishers.

Not all of the more than 500 terrorism prosecutions [25] reviewed in this investigation are so action-movie ready. But many do have an element of mystery. For example, though recorded conversations are often a key element of prosecutions, in many sting cases the FBI didn’t record large portions of the investigation, particularly during initial encounters or at key junctures during the sting. When those conversations come up in court, the FBI and prosecutors will instead rely on the account of an informant with a performance bonus on the line.

Mohamed Osman Mohamud was an 18-yeaer old wannabe rapper when an FBI agent asked if he'd like to "help the brothers." Eventually the FBI gave him a fake car bomb and a phone to blow it up during a Christmas tree lighting.: Illustration: Jeffrey SmithMohamed Osman Mohamud [69] was an 18-year old wannabe rapper when an FBI agent asked if he’d like to “help the brothers.” Eventually the FBI gave him a fake car bomb and a phone to blow it up during a Christmas tree lighting. Illustration: Jeffrey Smith

 

One of the most egregious examples of a missing recording involves a convoluted tale that begins in the early morning hours of November 1, 2009, with a date-rape allegation on the campus of Oregon State University. Following a Halloween party, 18-year-old Mohamed Osman Mohamud [70], a Somali-born US citizen, went home with another student. The next morning, the woman reported to police that she believed she had been drugged.

Campus police brought Mohamud in for questioning and a polygraph test; FBI agents, who for reasons that have not been disclosed had been keeping an eye on the teen for about a month, were also there [71]. Mohamud claimed that the sex was consensual, and a drug test given to his accuser eventually came back negative.

During the interrogation, OSU police asked Mohamud if a search of his laptop would indicate that he’d researched date-rape drugs. He said it wouldn’t and gave them permission to examine his hard drive. Police copied its entire contents and turned the data over to the FBI—which discovered, it later alleged in court documents, that Mohamud had emailed someone in northwest Pakistan talking about jihad.

Soon after his run-in with police, Mohamud began to receive emails from “Bill Smith,” a self-described terrorist who encouraged him to “help the brothers.” “Bill,” an FBI agent, arranged for Mohamud to meet one of his associates in a Portland hotel room. There, Mohamud told the agents that he’d been thinking of jihad since age 15. When asked what he might want to attack, Mohamud suggested the city’s Christmas tree lighting ceremony [72]. The agents set Mohamud up with a van that he thought was filled with explosives. On November 26, 2010, Mohamud and one of the agents drove the van to Portland’s Pioneer Square, and Mohamud dialed [73] the phone to trigger the explosion. Nothing. He dialed again. Suddenly FBI agents appeared and dragged him away as he kicked and yelled, “Allahu akbar!” Prosecutors charged him with attempting to use a weapon of mass destruction; his trial is pending.

The FBI’s defenders say the bureau must flush out terrorist sympathizers before they act. “What would you do?” asks one. “Wait for him to figure it out himself?”

The Portland case has been held up as an example of how FBI stings can make a terrorist where there might have been only an angry loser. “This is a kid who, it can be reasonably inferred, barely had the capacity to put his shoes on in the morning,” Wedick says.

But Tidwell, the retired FBI official, says Mohamud was exactly the kind of person the FBI needs to flush out. “That kid was pretty specific about what he wanted to do,” he says. “What would you do in response? Wait for him to figure it out himself? If you’ll notice, most of these folks [targeted in stings] plead guilty. They don’t say, ‘I’ve been entrapped,’ or, ‘I was immature.'” That’s true—though it’s also true that defendants and their attorneys know that the odds of succeeding at trial are vanishingly small. Nearly two-thirds of all terrorism prosecutions since 9/11 have ended in guilty pleas, and experts hypothesize that it’s difficult for such defendants to get a fair trial. “The plots people are accused of being part of—attacking subway systems or trying to bomb a building—are so frightening that they can overwhelm a jury,” notes David Cole, a Georgetown University law professor who has studied these types of cases.
But the Mohamud story wasn’t quite over—it would end up changing the course of another case on the opposite side of the country. In Maryland, rookie FBI agent Keith Bender had been working a sting against 21-year-old Antonio Martinez [74], a recent convert to Islam who’d posted inflammatory comments on Facebook [75] (“The sword is cummin the reign of oppression is about 2 cease inshallah”). An FBI informant had befriended Martinez and, in recorded conversations, they talked about attacking a military recruiting station.

Just as the sting was building to its climax, Martinez saw news reports about the Mohamud case, and how there was an undercover operative involved. He worried: Was he, too, being lured into a sting? He called his supposed terrorist contact: “I’m not falling for no BS,” he told him [75].

Faced with the risk of losing the target, the informant—whose name is not revealed in court records—met with Martinez and pulled him back into the plot. But while the informant had recorded numerous previous meetings with Martinez, no recording [76] was made for this key conversation; in affidavits, the FBI blamed a technical glitch. Two weeks later, on December 8, 2010, Martinez parked what he thought was a car bomb in front of a recruitment center and was arrested when he tried to detonate [77] it.

Frances Townsend, who served as homeland security adviser to President George W. Bush, concedes that missing recordings in terrorism stings seem suspicious. But, she says, it’s more common than you might think: “I can’t tell you how many times I had FBI agents in front of me and I yelled, ‘You have hundreds of hours of recordings, but you didn’t record this meeting.’ Sometimes, I admit, they might not record something intentionally”—for fear, she says, that the target will notice. “But more often than not, it’s a technical issue.”

Wedick, the former FBI agent, is less forgiving. “With the technology the FBI now has access to—these small devices that no one would ever suspect are recorders or transmitters—there’s no excuse not to tape interactions between the informant and the target,” he says. “So why in many of these terrorism stings are meetings not recorded? Because it’s convenient for the FBI not to record.”

So what really happens as an informant works his target, sometimes over a period of years, and eases him over the line? For the answer to that, consider once more the case of James Cromitie [8], the Walmart stocker with a hatred of Jews. Cromitie was the ringleader in the much-publicized Bronx synagogue bombing plot that went to trial last year[78]. But a closer look at the record reveals that while Cromitie was no one’s idea of a nice guy, whatever leadership existed in the plot emanated from his sharply dressed, smooth-talking friend Maqsood, a.k.a. FBI informant Shahed Hussain.

A Pakistani refugee who claimed to be friends with Benazir Bhutto and had a soft spot for fancy cars, Hussain was by then one of the FBI’s more successful counterterrorism informants. (See our timeline of Hussain’s career as an informant [13].) He’d originally come to the bureau’s attention when he was busted in a DMV scam [79] that charged test takers $300 to $500 for a license. Having “worked off” those charges, he’d transitioned from indentured informant to paid snitch, earning as much as $100,000 per assignment.

At trial, informant Hussain admitted that he created the “impression” that his target would make big money by bombing synagogues in the Bronx.

Hussain was assigned to visit a mosque in Newburgh, where he would start conversations with strangers about jihad [80]. “I was finding people who would be harmful, and radicals, and identify them for the FBI,” Hussain said during Cromitie’s trial. Most of the mosque’s congregants were poor, and Hussain, who posed as a wealthy businessman and always arrived in one of his four luxury cars [81]—a Hummer, a Mercedes, two different BMWs—made plenty of friends. But after more than a year working the local Muslim community, he had not identified a single actual target [82].

Then, one day in June 2008, Cromitie approached Hussain in the parking lot outside the mosque. The two became friends, and Hussain clearly had Cromitie’s number. “Allah didn’t bring you here to work for Walmart,” he told him [83] at one point.

Cromitie, who once claimed he could “con the corn from the cob,” had a history of mental instability. He told a psychiatrist that he saw and heard things that weren’t there and had twice tried to commit suicide [84]. He told tall tales, most of them entirely untrue—like the one about how his brother stole $126 million worth of stuff from Tiffany.

Exactly what Hussain and Cromitie talked about in the first four months of their relationship isn’t known, because the FBI did not record [85] those conversations. Based on later conversations, it’s clear that Hussain cultivated Cromitie assiduously. He took the target, all expenses paid [86] by the FBI, to an Islamic conference in Philadelphia to meet Imam Siraj Wahhaj, a prominent African-American Muslim leader. He helped pay Cromitie’s rent [87]. He offered to buy him a barbershop [88]. Finally, he asked Cromitie to recruit others [89] and help him bomb synagogues.

On April 7, 2009, at 2:45 p.m., Cromitie and Hussain sat on a couch inside an FBI cover house on Shipp Street in Newburgh. A hidden camera [90] was trained on the living room.

“I don’t want anyone to get hurt,” Cromitie told the informant [91].

“Who? I—”

“Think about it before you speak,” Cromitie interrupted.

“If there is American soldiers, I don’t care,” Hussain said, trying a fresh angle.

“Hold up,” Cromitie agreed. “If it’s American soldiers, I don’t even care.”

“If it’s kids, I care,” Hussain said. “If it’s women, I care.”

“I care. That’s what I’m worried about. And I’m going to tell you, I don’t care if it’s a whole synagogue of men.”

“Yep.”

“I would take ’em down, I don’t even care. ‘Cause I know they are the ones.”

“We have the equipment to do it.”

“See, see, I’m not worried about nothing. Ya know? What I’m worried about is my safety,” Cromitie said.

“Oh, yeah, safety comes first.”

“I want to get in and I want to get out.”

“Trust me,” Hussain assured.

At Cromitie’s trial, Hussain would admit that he created the—in his word—”impression” that Cromitie would make a lot of money by bombing synagogues.

“I can make you $250,000, but you don’t want it, brother,” he once told [92] Cromitie when the target seemed hesitant. “What can I tell you?” (Asked about the exchange in court, Hussain said that “$250,000” was simply a code word for the bombing plot—a code word, he admitted, that only he knew.)

But whether for ideology or money, Cromitie did recruit three others, and they did take photographs of Stewart International Airport in Newburgh as well as of synagogues in the Bronx. On May 20, 2009, Hussain drove Cromitie [93] to the Bronx, where Cromitie put what he believed were bombs [94] inside cars he thought had been parked by Hussain’s coconspirators. Once all the dummy bombs were placed, Cromitie headed back to the getaway car [95]—Hussain was in the driver’s seat—and then a SWAT team surrounded the car.

At trial, Cromitie told the judge [96]: “I am not a violent person. I’ve never been a terrorist, and I never will be. I got myself into this stupid mess. I know I said a lot of stupid stuff.” He was sentenced to 25 years.

For his trouble, the FBI paid Hussain $96,000 [97]. Then he moved on to another case, another mosque, somewhere in the United States.

For this project, Mother Jones partnered with the University of California-Berkeley’s Investigative Reporting Program [98], headed by Lowell Bergman, where Trevor Aaronson[1] was an investigative fellow. The Fund for Investigative Journalism [99] also provided support for Aaronson’s reporting. Lauren Ellis [100] and Hamed Aleaziz [101]contributed additional research.

 

 

 

 

 

 

 

With Assassination Of Anwar al-Awlaki, Has U.S. Entered New Era of Killing Its Citizens Without Charge?

In Uncategorized on September 30, 2011 at 8:02 pm

In this Nov. 8, 2010 file image taken from video and released by SITE Intelligence Group on Monday, Anwar al-Awlaki speaks in a video message posted on radical websites

Oldspeak:”President Obama has claimed the right to detain, eavesdrop on, and kill American citizens without due process. Anwar al-Awlaki was a U.S. citizen. He was ordered assassinated by the President of the United States without presenting any evidence of any kind as to his guilt, without attempting to indict him in any way or comply with any of the requirements of the Constitution that say that you can’t deprive someone of life without due process of law. The president ordered him killed wherever he was found, including far away from a battle field, no matter what it was he was doing at the time. And if you’re somebody who believes that the president of the United States has the power to order your fellow citizens murdered, assassinated, killed without even a shred of due process, without having to have charged him with a crimes or indict him and prove in a court he’s actually guilty, then you’re really declaring yourself to be as pure of an authoritarian as it gets.” –Glenn Grunwald. Is this what it’s come to? The U.S. conspiring with illegitimate and murderous foreign governments to target and kill American deemed citizens undesirable without due process? Now that it’s started down this frightfully slippery slope, where does it end? What is there to prevent You or I from being unilaterally targeted for assassination with no evidence of wrongdoing or guilt?”

Related Story:

The Due-Process-Free Assassination Of U.S. Citizens Is Now Reality

By Juan Gonzalez @ Democracy Now:

Guest:

Glenn Greenwald, constitutional law attorney and political and legal blogger for Salon.com.

The United States has confirmed the killing of the radical Yemeni-American cleric, Anwar al-Awlaki, in northern Yemen. The Obama administration says Al-Awlaki is one of the most influential al-Qaeda operatives on its ‘most wanted’ list. In response to news of al-Awlaki’s death, constitutional scholar Glenn Greenwald and others argue the assassination of U.S. citizens without due process has now has become a reality. “One of the bizarre aspects of it is that media and government reports try to sell al-Awlaki as some grand terrorist mastermind … describing him as the new bin Laden. The United States government needs a terrorist mastermind to replace Osama bin Laden to justify this type of endless war … For a while, al-Awlaki was going to serve that function,” Greenwald says. “If you are somebody that believes the President of the United States has the power to order your fellow citizens murdered, assassinated, killed without a shred of due process … then you are really declaring yourself to be as pure of an authoritarian as it gets.”

JUAN GONZALEZ: Shortly before we went on the air this morning, senior U.S. administration officials confirm the killing of the radical Yemeni-American cleric Anwar al-Awlaki in northern Yemen. The United States says Awlaki is one of the most influential Al Qaeda operatives on its most wanted list. News of the death was first announced by Yemen’s Defense Ministry in a text message sent to journalists the ministry wrote, “The terrorist Anwar al-Awlaki has been killed along with some of his companions,” but did not provide further details. In a separate email statement, the Yemeni government reported Awlaki was targeted and killed about 90 miles east of the capital Sanaa. The statement said the attack was launched at 9:55 a.m. local time. Despite the Yemeni government’s claims its forces successfully targeted Awlaki in a raid near the capital, sources on the ground say he was likely killed in a U.S. air-strike. Awlaki was previously targeted in U.S. bombing of Yemen earlier this year. Well, for more, we turn to Glenn Greenwald, constitutional law attorney and political and legal blogger for salon.com. He joins us via Democracy Now! video-stream from Brazil. He first reported in January of last year that the Obama administration had compiled a hit list of American citizens whom it had ordered assassinated without any due process. One of those Americans was Anwar al-Awlaki, despite substantial doubt among the Yemen experts about whether he had an operational role in Al Qaeda Glenn Greenwald, welcome to DEMOCRACY NOW!

GLENN GREENWALD: Good to be here.

JUAN GONZALEZ: Well Glenn, your reaction, first of all, to this news and what it means in terms of any new precedence now set by this administration in the targeting of U.S. citizens?

GLENN GREENWALD: Let’s begin with the fact Anwar al-Awlaki is a U.S. citizen. He was ordered assassinated by the President of the United States without presenting any evidence of any kind as to his guilt, without attempting to indict him in any way or comply with any of the requirements of the Constitution that say that you can’t deprive someone of life without due process of law. The president ordered him killed wherever he was found, including far away from a battle field, no matter what it was he was doing at the time. And if you’re somebody who believes that the president of the United States has the power to order your fellow citizens murdered, assassinated, killed without even a shred of due process, without having to have charged him with a crimes or indict him and prove in a court he’s actually guilty, then you’re really declaring yourself to be as pure of an authoritarian as it gets. Remember that there was great controversy that George Bush asserted the power simply to detain American citizens without due process or simply to eavesdrop on their conversations without warrants. Here you have something much more severe. Not eavesdropping on American citizens, not detaining them without due process, but killing them without due process, and yet many Democrats and progressives, because it’s President Obama doing it, have no problem with it and are even in favor of it. To say that the President has the right to kill citizens without due process is really to take the constitution and to tear it up into as many little pieces as you can and then burn it and step on it.

JUAN GONZALEZ: Well, for those in the audience not familiar with him, give us the sketch of who Al-Awlaki is and what the alleged terrorist plots that he was involved with are.

GLENN GREENWALD: Well, he, as I said, was born in the United States and went to college in the United States and, for a long time, was considered by the U.S. government and the media to be a moderate Muslim cleric. In fact the Pentagon invited him to a lunch in the wake of 9/11 in order to talk to him and other Muslim leaders about how to root out extremism in the Muslim community. The Washington Post had him host his own chat about the meaning of various Muslim holidays and the like. So, for a long time he was viewed as this, sort of, moderate figure. He became increasingly radicalized, like a lot of people have, over the last decade, as the United States has continued to slaughter Muslim men, women and children in multiple countries around the world, and he definitely became much more hostile in his sermons to the United States, and began arguing that it wasn’t just the duty but the right of Muslims to not just be passive receivers of violence by the U.S., but also to begin to attack the United States back as a means of deterring further violence. And so, he definitely became a great concern to the U.S. because he was so effective in communicating these ideas in English to large parts of the English speaking Muslim world. And, of course, expressing those ideas that the United States is engaged in aggression against the Muslim world and that Muslims have the right or even the duty to fight back rather than getting passively slaughtered, whether you agree with those ideas are not, or think they’re horrible ideas, they’re obviously rights you have to express under the First Amendment of the Constitution. The government began claiming that it wasn’t just his messages and his ideas that were bothering them and making them want to kill him, but the fact he started to have an operational role in various plots, such as the attempt by Abdulmutallab to detonate a bomb in a jet over Detroit over Christmas. They claim that he was involved in the attack by Nidal Hasan on the Fort Hood base that killed 14 American service members. The problem with that is that, there’s been no evidence presented that he’s actually been involved in any of those plots. He is not been indicted or charged. If he has been involved in those plots, then the solution is to charge him with those crimes, bring him before a court of justice, and prove his guilt; not simply to order him killed as though the President is judge, jury, and executioner.

JUAN GONZALEZ: Now, his father had attempted, or started a court proceeding to try to enjoin the Obama administration from carrying out any attack on his son. Could you talk about that and where that is?

GLENN GREENWALD: Sure, well, Awlaki, himself, was incapable of suing to vindicate his rights because, had he popped his head up at any time, as we proved today, he would have been killed by the Unites States government, which sought on several occasions before today to kill him. So, his father brought suit on his behalf, represented by the ACLU and the Center for Constitutional Rights, asking a court to enjoin the President from murdering his son without due process, and in response the Obama administration made numerous claims, mostly arguing courts have no right to interfere in the decisions the president makes about who is an enemy combatant using standard Bush-Cheney theories about how this is a military operation that the court shouldn’t be involved in it. They argued that whom the president decides to assassinate is a state secret. And that courts have no business meddling in or judging or adjudicating the president’s choices in that regard. A federal court, several months ago, accepted the argument that this was really a political and military number, and not a legal or constitutional or judicial question for courts to resolve. Although, the judge said there are very difficult questions raised because of what an extraordinary step this is for the president to order American citizens killed. He said it’s really up to the Congress to stop it or for the president to make decisions on his own. That, I believe that is being appealed; the appeal is pending, but, obviously, it’s now it is too late. There’s no point in trying to obtain an injunction now that Awlaki has been killed by President Obama.

JUAN GONZALEZ: And the Bizarre irony of the government in Yemen which is clearly illegitimate by any international standards, facing a huge popular rebellion among its own people, being involved, to some degree or other, with the United States in this killing?

GLENN GREENWALD: Well, President Saleh, who, of course, has been slaughtering his own citizens by the dozens over the last several months, and is still, you know—-has been a longtime ally of the United States. The State Department has issued some very meek statements, suggesting that there should be a democratic transition. But, we’ve continued to work with President Saleh, the U.S. government has, to try and kill those people that we want dead in Yemen, including Awlaki, and this is widely viewed as an attempt by President Saleh to, sort of, offer an olive branch to the United States; we will help to kill the American citizen within our borders whom you want dead in exchange for your continuing to support our regime. Of course, the United States has been trying to claim to the Arab world that it is on the right side of the Arab Spring, and yet just yesterday, of course, in Bahrain, numerous medical professionals, doctors, nurses, ambulance drivers, were imprisoned for the crime of treating protesters who were shot by government forces just two weeks after the U.S. government announced that it plans to ship to Bahrain huge amounts of new weapons. Here, our long time ally, President Saleh, is not only now slaughtering his own citizens, but helping the United States government murder its own. So, it’s a pretty difficult sell to people in the Muslim world to claim that we’re on the right side of the Arab Spring when we not only continue to embrace the people who kill their own citizens, but now kill our citizens as well.

JUAN GONZALEZ: I want to read to you a quote from the editor of The Yemeni Post, Hakim Al Masmari. He said, “The Yemeni government will face a lot of criticism, especially in the south, for allowing US drones to attack Yemeni civilians. But it will not be a blow to Al-Qaeda in the Arabian Peninsula from any perspective. We don’t feel they will suffer, because Awlaki did not have any real role in Al Qaeda in the Arabian Peninsula.”

GLENN GREENWALD: Right,well, one of the bizarre aspects of this is that media and government reports have tried to sell Awlaki is some kind of grand terrorist mastermind. There’s even lots of articles you can find online and major publications describing him as the new Bin Laden. The United States government needs a terrorist mastermind to replace Bin Laden to justify this type of endless war that President Obama, the 2009 Nobel Peace Prize winner, is insisting on not just continuing, but escalating. And for a while, Awlaki was the person to going to serve that function. But, the problem is, if you the read experts in Yemen, like Gregory Johnson and others, they mock the idea Awlaki was some kind of a leader of Al Qaeda and even question whether he had any operational role at all in any of these plots. He was clearly a cleric who developed some audience and was popular, particularly among English-speaking Muslim youth because of his ability to communicate with them. But, the idea that he was some high up in Al Qaeda or this is a blow to the operational capability of Al Qaeda in the Arabian Peninsula is absolutely ludicrous. And if you read Yemen experts, you’ll see that that’s true. The problem is that American political culture is such that evidence doesn’t make a difference. Trials and due process are very pre-9/11. What we believe is that if the president stands up and says, someone is a terrorist, that’s all we need to know; they are therefore there are guilty because the leader has accused him of being that, and as long as the Aides then go and leak to the media, which they have done, that he played a significant operational role and was a big Al Qaeda leader, we won’t need to see evidence. We’ll just stand up and blindly click our heels and accept it’s true, and then cheered the fact he’s been murdered based on as unproven claims.

JUAN GONZALEZ: Glenn, what can people who are concerned about this extraordinary extension of the powers of a president to basically ignore any kind of due process with our American citizens, what can they do?

GLENN GREENWALD: Well, one thing that is obvious, is that voting for Democrats as opposed to Republicans doesn’t help. In fact, if you read The New York Times article from 2010 confirming that Awlaki is on the hit list, it makes clear that there’s been no instances where George Bush ordered American citizens targeted for assassination, that this is extraordinary and perhaps an unprecedented step under the Democratic president. What people in the Arab world did, when their leaders did things like imprison them, let alone kill them, and their fellow citizens without trials, is they went out into the streets and protested and demanded that it stop. It’s hard to see how voting for one of these two parties is going to end these extraordinary excesses in violations of the constitution; it clearly doesn’t. Something outside of that system is necessary to address it. That’s been proven. So, I think if Americans cared about the constitutional rights the pretended to care about under George Bush, Democrats in particular, they would be very vocally protesting and objecting to this. But, the problem is that, the opportunity to use these issues as a means to undermine Republican politicians is now gone, and so, many people who, three years ago, were pretending to care about these things, no longer do. So, the question that American citizens have to ask themselves, is whether they believe in the principles of liberty and rights that they have learned were protected by the Constitution? That’s just a piece of paper—-the Constitution—-it cannot protect those rights, only the citizenry can ensure that those rights are not trampled on; and the question is whether citizens actually believe in those.

JUAN GONZALEZ: Finally, Glenn Greenwald, we’re getting reports that U.S. government confirming that it was a joint operation with the Yemeni government. Your sense of whether you believe this was a drone strike largely carried out by the United States?

GLENN GREENWALD: Well, there’s no question I believe that the United States played a significant role. I mean, the United States have been wanting to kill Awlaki for a long time. The Yemeni government has not wanted to kill him, in part, because if it does, it will trigger lots of unrest and resentment, and that’s the last thing, especially at this point, that it wants. So, I believe that this has been done by an air strike, certainly the Yemeni government would not have the ability to carry that out on its own. The fact U.S. government confirmed so quickly that he was dead and accepting responsibility, I think, is fairly definitive proof that the U.S. played a very significant role, if not the lead role, in extinguishing the life of its own citizen without due process.

JUAN GONZALEZ: Glenn Greenwald, I want thank you for being with us, constitutional law attorney, political and legal blogger for Salon.com.


Systems Collapse When The Irrational Is Considered Rational

In Uncategorized on August 13, 2011 at 4:48 pm

Oldspeak:“One of the most essential, and immutable facts of life on this planet. So basic, so simple, yet supposedly educated, thoughtful, and experienced men have systematically, intentionally and aggressively ignored it. We see the results before us. 1930’s era inequality, upward transfer and concentration of wealth, intractable debt, 6 wars, a wholly co-opted, corporatized, and corrupted political class, controlled by an unseen and unelected shadow government controlled primarily by global bankers and power brokers. ‘A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men.’ –Woodrow Wilson, after signing the Federal Reserve into existence. So the system collapses, the corporatocracy profits off of it, further concentrating wealth and power in their hands, leaving the People ever more vulnerable and helpless against their smiling and reassuring domination, while simultaneously depriving the People of their inalienable rights to protest, dissent and resist. I fear only when the seductive and alluring artifice of this cosmetic, consumption, competition, communitainment, and copulation-driven unreality that’s been engineered for us to exist in starts to fall away will the People consciously awaken to actual reality, and by then, it will be too late.  There’s a question that I find rattling around in my head when I walk the streets of New York, with millions bustling by blissfully oblivious to reality…. ‘What happens when it all falls down? When this entirely unsustainable way of life we hold so dear, the infinite growth model, the technology, the incessant communitainment distractions, the destruction in the name of peace, the convenience, the plentiful food, water, and energy, what happens when all that is no longer sustainable and goes away?’ More of us need to devote more time and energy to answering those questions because the time is fast approaching when we will have no choice but to.  “Ignorance is Strength.“, “Freedom is Slavery.” “War is Peace.

Related Video:

Bill Moyers PBS “The Secret Government” – 1987 

 

Related Story:

A Hidden World Growing Beyond Control

By Danny Schecter @ Disinformation:

Oh thank you, Wikipedia, for this definition:

“Irrationality is cognition, thinking, talking or acting without inclusion of rationality. It is more specifically described as an action or opinion given through inadequate reasoning, emotional distress, or cognitive deficiency. The term is used, usually pejoratively, to describe thinking and actions that are, or appear to be, less useful or more illogical than other more rational alternatives.”

And what about this one? Market Psychology?  This term is defined in the Investopedia this way:

“The overall sentiment or feeling that the market is experiencing at any particular time. Greed, fear, expectations and circumstances are all factors that contribute to the group’s overall investing mentality of sentiment.”

Q: What do we have when we put the two together?

A: The current madness and market mayhem.

S&P’s downgrade is being blamed for the market panic even though all the business media expected a downgrade and initially minimized its potential impact. The ratings agency blamed the government’s failure to deal with the debt including the stalemate in Congress.

The Republicans, predictably blamed Obama and the Democrats went after the Tea Party as the culprits behind the market plunge. But then, investors who at first denied that a downgrade would be significant overreacted to it by pumping more money into government treasuries adding to government debt.

The Comedy Channel’s Jon Stewart’s sensible reaction: “are you f*cking kidding me?”

Does this make any sense?

We are taught to think of businessmen and their minions as absolute worshipers of objective truth as they allegedly practice “due diligence” to confirm underlying facts and insure that their decisions are based on research and thoughtful decisions.

That’s what we are taught—but is that what they do?

In fact, the “smartest guys in the room” as the Enronians were called proved to be the dumbest, buying into a warped worldview, and then, believing their own hype leading to decisions that brought the house down.

And that’s what happens again and again, over and over, as panic seizes The Street followed by a herd of decision makers making bad decisions.

Paul Farrell has written about this phenomenon on Marketwatch.

He speaks of all the too-greedy-to-fail fatheads running Wall Street? And, unfortunately, Main Street America’s 95 million irrational and self-sabotaging investors

Yes, all of us! We’re Americans. Don’t confuse us with the facts, with reality. We’re the greatest in history, a legend in our own minds. And a rapidly mutating virus is spreading this lethal pandemic far beyond the shores of Lake Wobegon. Yes, folks, the “Lake Wobegon Effect” is hard-wired in America’s brain, an illusion of superiority, a smug arrogance where each knows we are the best, the chosen ones.

Warning: The Lake Wobegon Effect is the single best summary of today’s stock market psychology, high frequency trading, behavioral economics theories and the new science of irrationality … and it’s sucking the life out of America’s soul. Here, listen to more of these arrogant musings surfacing everywhere from deep in our collective brains.

So forget all of our devices, our forever present blackberries, iPhones, iPads and Bloomberg terminals with their enhanced graphics and multiple sources. Alas, there’s no panic button that gives you a quick dose of financial history, perspective or context. Our hi-tech world often leads to repeating low-tech mistakes in a speeded up environment driven byall those dazzling terminals. TVscreens blazing and the pundits buzzing.

Farrell reminds us of a psychological game called “The Invisible Gorilla.”

He calls it “one of the most famous psychological demos ever. Subjects are shown a video, about a minute long, of two teams, one in white shirts, the other in black shirts, moving around and passing basketballs to one another. They are asked to count the number of aerial and bounce passes made by the team wearing white, a seemingly simple task.”

Stop. Test yourself before you read on. What does “The Invisible Gorilla” study tell you about the brains of folks gambling in Wall Street’s casinos? Where billions of shares, trillions of dollars, stocks, bonds, derivatives trade daily? What’s “invisible” to you?”

Institutionalized Irrationality—perhaps even insanity— helped cause the financial crisis as the federal inquiry commission pointed out quoting an appraiser who watched the real estate industry underwrite loans with no collateral over and over again:

“I see a lot of irrationality,” he added. He said he was unnerved because people were saying, “It’s different this time”—a rationale commonly heard before previous collapses.”

Many writers of distinction could see the irrational trumping the rational coming, as I wrote in my book Plunder that came out a month before the 2008 crash.

I quoted Mark Twain, America’s greatest man of letters, He once asked, “Why shouldn’t truth be stranger than fiction? Fiction, after all, has to make sense.” (His novella, The Man Who Corrupted Hadleyburg, was written while he was in Europe on the run from creditors.)

Fast forward a century or more as business and political leaders alike try to make sense of a relatively sudden and unexpected market meltdown in the summer of 2007 then again in 2008 and then again this past week.

Ultimately perhaps Twain’s insight will lead to great novels that will capture the corruption of the underlying culture that allowed so many financial manipulations and so much greed, avarice, and irrationality in this era in the way that great writers of economic upheaval in America like Upton Sinclair, John Dos Passos, or Jack London castigated theirs.

It seems to have always been true, as a friend who watched his multi- ethnic city of Sarajevo implode into a bloody genocidal war in Bosnia years ago confided to me, “Only fiction has to be plausible. Real life has no such constraint.”

As a journalist with perhaps less fictional imagination than I need, I can only try to probe deeply into some of the forces that took our economy down in such an unexpected way at a time when our national leaders were looking elsewhere and thought they saw the only threat to our country coming from terrorists hiding in caves in far away lands.

They – and I include among them, representatives of both parties, and most of our mass media – ignored cries for help from victims of predatory lenders dating back into the 1990s, and, then, for years warnings from David Walker, the Comptroller of our Currency and head of the Government Accounting Office (GAO) that our growing debt burden could lead to a sudden collapse threatening our national security. He had been labeled “Dr. Gloom” for his sobering prognostications. In February, 2008, he stepped down from government, frustrated by his inability to promote changes.

A closer look, usually in times of crisis, offers a window into another kind of financial world, a world of panic and fear, where irrationality is the order of the day, an irrationality that goes by the name of “Market Psychology.”

Forget the bulls or the bears…this is a world of sharks deeply in need of shrinks.

When things go well, the wizards of Wall Street are anointed by the media as geniuses. When they don’t, you get Time Magazine’s condescending putdown of “Wall Street’s mad scientists blowing up the lab again.”

This kind of humor seems out-of-place when we are talking about what many fear has lead to the collapse or at least a severe wounding of the global economy with millions of jobless and homeless victims who believed in the system until it failed them.

And yet, as we saw in the great manufactured budget stalemate in Washington, members of Congress were and still are prepared to trigger a collapse in the name of a naïve but rigid ideology.

Some of us argue with them thinking our facts can refute theirs but at bottom, fanaticism is not neutralized by rational argument. You need countervailing power and a willingness to fight for another vision.

Filmmaker and News Dissector Danny Schechter edits Mediachannel.org.

U.S. Park Police Choke & Body Slam Dancers At Jefferson Memorial; Fine & Chase Musicians From Central Park

In Uncategorized on May 30, 2011 at 1:10 pm

Oldspeak:” On this Memorial Day, supposedly a day to remember those who have died in war for freedom and “The American Way”, understand that your rights to free speech and freedom of assembly are no longer valid in public spaces. The Bethesda Fountain in Central Park, where musicians have shared their art free of charge for 100 years, is now designated as a “Quiet Zone”. If you decide you’d like to dance, picket, or make a speech at a national memorial, those actions are now “banned activities”, and will be met with a violent response from law enforcement. Think about that. Under these “laws” the March on Washington and Dr. King’s “I Have A Dream” speech would have been against the law. Public spaces, the commons are being more and more privatized and rigidly policed, you need permits to film/photograph at public national memorials. Your rights are being abridged every day in this burgeoning police state masquerading as a democracy. Civil Disobedience on a grand scale is what’s necessary to combat this absurd violation of our rights.”

Related Video: Adam Kokesh body slammed, choked, police brutality at Jefferson Memorial

By NBC Washington:

A handful of dancers got cuffed on Saturday for doing what they say the Founding Fathers would have wanted them to do – expressive dancing in National Parks.

A court recently ruled that expressive dancing was in a category with picketing, speechmaking, and marching – a banned activity at national memorials.

A small group came out on Saturday to protest the ruling, by dancing together inside the rotunda of the Jefferson Memorial.

But after a few minutes, their moves got busted by Park Police.

Five were arrested, while listening to earphones and moving rythymically in the shadow of Thomas Jefferson.

“The founders understood that the only thing that was going to make the American experiment succeed was the people standing up for these rights,” Jared Denman, a demonstrator, told NBC Washington.

The memorial was shut down while demonstrators got arrested.

Some visiting from out of town were less than impressed with the protesters’ interprative moves.  “I think its ridiculous,” said Edward Kelly of Richmond.  “We just traveled up the steps and we’ve been waiting for 15 minutes.”

Musicians chased from Central Park

By Cynthia R. Fagan @ The New York Post:

City officials began blitzing street musicians with nuisance summonses and posted a “Quiet Zone” sign last week at the beloved Bethesda Fountain in Central Park, where virtuoso performers have been making beautiful music together for over a century.

On weekends, baritone John Boyd, 48, would belt out spirituals backed by a choir including six of his nine children and fellow classical buskers. But two months ago, Parks police descended on the Bethesda Terrace arcade with a message: Muzzle the music.

Last week, they posted a Quiet Zone sign banning Boyd and other serious musicians from playing in the arcade where world-class performers offer their talents for free to ordinary New Yorkers.

The silky baritone’s clash with officials started two months earlier.

“The Parks Department cops came and said the rules will be revamped,” Boyd told The Post. “A month ago they started issuing me summonses because I would not stop singing.”

After being hit with five summonses totaling $2,300, the former choir director from Detroit was arrested by Parks cops Wednesday and hauled in handcuffs to the Central Park police station.

“I have a right to free speech,” said Boyd. “When I sing, it is expressing what I believe in. I told them, ‘You are not chasing me away.’ ”

Classical harpist Meta Epstein, 59, of Mill Basin, Brooklyn, won first prize at the Paris Conservatory of Music in the 1970s. But she’s afraid to play in the park.

“It was very intimidating. It was a patch of dirt. They told me I was destroying the ground, but there were picnickers right there. Now I’m afraid to play, especially in the fountain terrace,” she said.

Double-bass player Vasyl Fomytskyi, formerly of the Cairo Symphony Orchestra, has been playing his beloved Bach near the fountain for two years.

“If I play softly by myself, [cops] still have threatened to arrest me and confiscate my instrument,” he said.

Newcomer Shigemasa Nakano, 31, a classical guitarist and opera singer, says he’s disappointed because acoustics in the arcade are superb.

“But . . . I don’t want to get a ticket,” he said.

On Friday, passer-by Rhonda Liss, 63, of Yonkers, asked Boyd if she could join him in an impromptu duet.

“You have such a beautiful voice,” said Liss, a onetime Met opera singer and “Phantom of the Opera” cast member in Toronto. The pair tossed off a jazzy rendition of “My Favorite Things.”

“Is this what they want to arrest people for — singing joy to the people?” she asked incredulously.

When asked about the music crackdown, a spokesman for the Central Park Conservancy, the cash-flush nonprofit that runs the park for the city, said: “The fountain is a place for quiet reflection.”

Read more:http://www.nypost.com/p/news/local/manhattan/please_clear_the_aria_5Ih5ZOpqdHAUPUKWmwK8xJ#ixzz1NrA1XtS7

U.S. Supreme Court Expands Police Power, OKs Warrantless Searches Of Private Homes

In Uncategorized on May 19, 2011 at 9:32 am

Oldspeak: “Welp, so much for the 4th Amendment. ‘”How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and …forcibly enter?’ –Justice Ruth Bader Ginsburg. It’s not enough that the government can conduct warrantless wiretapping on your phone calls or email on mere suspicion of  ‘being a spy or terrorist’.  It’s not enough that police can use illegally obtained evidence to charge you with a crime. Now law enforcement can enter your home and conduct a warrantless search based on suspicious smells, sounds or manufactured “emergency”. As the Prison-Industrial Complex expands, your rights to privacy, individual freedom and due process are being obliterated. ‘There’s a time when the operation of the machine becomes so odious—makes you so sick at heart—that you can’t take part. You can’t even passively take part. And you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop. And you’ve got to indicate to the people who run it, to the people who own it that unless you’re free, the machine will be prevented from working at all.” –Mario Savio. When will the time come to stop this odious machine?!

By David G. Savage @ McClatchy-Tribune:

The Supreme Court on Monday gave police more leeway to break into residences in search of illegal drugs.

The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.

Residents who “attempt to destroy evidence have only themselves to blame” when police burst in, said Justice Samuel A. Alito Jr.

In a lone dissent, Justice Ruth Bader Ginsburg said she feared the ruling in a Kentucky case will give police an easy way to ignore the 4th Amendment. “Police officers may not knock, listen and then break the door down,” she said, without violating the 4th Amendment.

In the past, the court has said police usually may not enter a home unless they have a search warrant or the permission of the owner. As Alito said, “The 4th Amendment has drawn a firm line at the entrance to the house.”

One exception to that rule involves an emergency, such as screams coming from a house. Police may also pursue a fleeing suspect who enters a residence. Police were attempting to do that in the Kentucky case, but they entered the wrong apartment, raising the issue of what is permissible in situations where police have reason to believe evidence is being destroyed.

It began when police in Lexington, Ky., were following a suspect who allegedly had sold crack cocaine to an informer and then walked into an apartment building. They did not see which apartment he entered, but when they smelled marijuana smoke come from one of the apartments, they wrongly assumed he had gone into that one. They pounded on the door and called “Police. Police. Police,” and heard the sounds of people moving.

At this, the officers announced they were coming in, and they broke down the door. They found Hollis King smoking marijuana, and put him under arrest. They also found powder cocaine. King was convicted of drug trafficking and sentenced to 11 years in prison.

But the Kentucky Supreme Court overturned his conviction and ruled the apartment break-in violated his 4th Amendment right against “unreasonable searches and seizures.” Police had created an emergency by pounding on the door, the state justices said.

The Supreme Court heard an appeal from state prosecutors and reversed the ruling in Kentucky v. King. Alito said the police conduct in this case “was entirely lawful,” and they were justified in breaking down the door to prevent the destruction of the evidence.

“When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen may do,” he wrote. A resident need not respond, he added. But the sounds of people moving and perhaps toilets being flushed could justify police entering without a warrant, he added.

“Destruction of evidence issues probably occur most frequently in drug cases because drugs may be easily destroyed by flushing down a toilet,” he added.

The ruling was not a final loss for King. The justices said the Kentucky state court should consider again whether the police faced an emergency situation in this case.

Ginsburg, however, said the court’s approach “arms the police with a way routinely to dishonor the 4th Amendment’s warrant requirement in drug cases.” She said the police did not face a “genuine emergency” and should not have been allowed to enter the apartment without a warrant.