CRIMINAL JURISDICTION

Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair

December 14, 2011

A “SLIPPERY SLOPE” TO COMBAT HOMEGROWN TERRORISM

Indefinite Detention of Homegrown Terror Suspects, Citizens inside U.S. Unnecessary and Dangerous Erosion of Civil Liberties

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Like it or not, the term “Jihadist” has become a commonly used term in today’s political lexicon.  In a Congressional Research Service (“CRS”) report titled “American Jihadist Terrorism: Combating a Complex Threat” and issued on November 15, 2011, the report’s author Jerome P. Bjelopera said the term “homegrown jihadist” describes “terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized within the United States.” The analyst for the CRS in organized crime and terrorism said the term “jihadist” describes “radicalized individuals using Islam as an ideological and/or religious justification for their belief in the establishment of global caliphate, or jurisdiction governed by a Muslim civil and religious leader known as a caliph.”

The CRS’s report estimates there have been “53 homegrown violent jihadist plots or attacks in the United States since September 11, 2001.” Between May 2009 and October 2011, there were 32 arrests made in homegrown jihadist terror plots. And of the 53 terror plots since 9/11, only four were successful—and they were carried out by “lone wolves,” three of whom targeted military personnel through the use of firearms. There were three other lone wolf plots but they were unsuccessful as were the remaining plots that involved two or more participants.

The Fall issue of the Southern Poverty Law Center’s Intelligence Report also found that homegrown jihadist terror plots have risen since 9/11 with more than half occurring since May 2009. The Intelligence Report, like Bjelopera’s report, found that “most of those arrested were influenced by English-language jihadist websites that encourage violence in pursuit of a global caliphate ruled by Islamic fundamentalists.” The CRS cited eight terror plots in 2011 alone.

Discovery of most of these plots, and subsequent government efforts to shape their direction, were made pursuant to the Government’s chief strategy in combating homegrown terrorism: Government undercover operatives used “to infiltrate terrorist conspiracies.” The CRS report said that the Justice Department and FBI operate 104 Joint Terrorism Task Forces in this country, with 69 of them having been established since 9/11. These task forces include more than “4,000 federal, state, and local law enforcement officers and agents” who “’investigate acts of terrorism that affect the U.S., its interests, property and citizens, including those employed by the U.S. and military personnel overseas.’” The importance of this effort can be measured by the increase of 125 to 878 “top-secret security clearances” issued to local law enforcement between 2007 and 2009 alone.

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May 5, 2011

OSAMA BIN LADEN IS DEAD

Filed under: Anti-Terrorism Lawyer — Tags: , , , , — johntfloyd @ 11:59 am

The Cost of the War on Terror: Orwellian Inspired Torture, Extrajudicial Rendition, Racial/Religious Profiling, Warrantless Wiretaps, Investigations without Reasonable Cause…

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Osama bin Laden is dead. Many peoples in the world, especially in the United States, are celebrating the death of the world’s most notorious terrorist. The nature and circumstances of his demise were fitting in light of the life of hate, vengeance, and violence he led. The old adage, “live by the sword, die by the sword,” is appropriate in this case.

While we feel that bin Laden got this “just deserts,” we cannot in good conscience celebrate his death as a “crowning achievement” for our justice system. On September 11, 2001, bin Laden did more than bring down New York’s famed Twin Towers and cause the death of nearly 3,000 innocent people. The four terrorist attacks he masterminded and orchestrated that day set our nation on a course of action, called the “war on terror,” which has done, perhaps, irreparable damage to our criminal justice system and our historical concepts of justice.

In pursuit of the “war on terror,” officially declared by former President George W. Bush, and our efforts to track down and kill bin Laden, our intelligence and military assets kidnapped innocent people off the streets in foreign countries; took them to secret “black site” prisons operated by the CIA where they were tortured beyond human comprehension; established a special “detainee” prison on foreign soil called Guantanamo Bay where “suspected terrorists” are held for years without any meaningful rights or privileges and without any finding of guilt; and resurrected the ancient and infamous method of torture called “water boarding” to extract information from these “suspected terrorists.”

No less than the President and the Attorney General of these United States instructed law enforcement agencies, especially the FBI, CIA and other intelligence gathering agencies like the National Security Agency, to target innocent and unsuspecting American citizens and subject them to racial/religious profiling, telephone wiretaps, surveillance of their emails, political activities, and data mining through their financial records. This Orwellian-type scrutiny was even more heightened against the American-Muslim community who instantly and continuously became “suspected terrorists” for no other reason than their religion and country of origin.

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April 17, 2011

UNDER SIEGE-A SOCIETY CONSUMED BY FEAR

Filed under: Anti-Terrorism Lawyer — Tags: , , , , , — johntfloyd @ 10:42 am

Guilt by Association: Politically Inspired Fear of Muslims Continues to Infect Politics, Law Enforcement Investigations and Potential Jurors

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

The month of March was saturated with state and national news events which seem to underscore an unfortunate point about Texas and America: we are a society under siege from fear of those we do not understand and, therefore, do not trust. The Ides of March began when New York’s Republican Congressman Rep. Peter King decided to conduct hearings on the threat of “radical Islam” in America. The chairman of the House Homeland Security Committee defended his congressional inquiry into the “role” the “American Muslim community” has played in what’s become known as “homegrown terrorism.”

“There is nothing radical or un-American about holding these hearings,” Rep. King announced to the overflow hearing room filled with journalists and concerned citizens as well as protesters. King conjured up the Fort Hood, Texas shooting rampage by a Muslim soldier and the media-proclaimed “Ft. Dix Six” who had planned a terrorist attack in New Jersey. According to the vocal New York conservative political leader, this was enough evidence to warrant an “investigation” into the role the entire American Muslim community is playing in these kinds of terrorism activities. “This committee cannot live in denial,” Rep. King continued, saying he would not bow to “political correctness” in his determined pursuit of “every Red under the bed” as the legendary Wisconsin Sen. Joseph McCarthy would have said.

A group of 50 Democrats, including two Muslims, had tried before the hearings convened to get Rep. King to cancel them. The Democratic group told King that “singling out one religious group and blaming the actions of individuals on an entire community is not only unfair, it is unwise – and it will not make our country any safer.”

Rep. John D. Dingell (D-Mich.), one of the longest serving members of Congress and whose district includes Dearborn, Michigan, a city where a large Arab-American population resides, was even more direct with his criticism: “They are loyal, honorable Americans, they hold elected office, they have immigrated to our state from all over the United States. They are as much distressed as we are about what’s going on.”

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January 9, 2011

THE CORRUPTION OF FISA

Government Avoids 4th Amendment Requirement of Probable Cause

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

In 1970 it was discovered by a gentleman named Christopher H. Pyle that the U.S. Army Intelligence Command had 1500 commissioned officers whose duty it was to spy on any known protest or demonstration in this country involving 20 or more people. While Pyle’s eventual revelations about this stunning information captured the attention of the Chairman of the Senate Subcommittee on Constitutional Rights, Sen. Sam Ervin, the great Watergate truth-seeking champion, had little authority to do anything about the “spying on Americans” scandal.

But in 1975 a younger, and lesser known, Democratic senator from Idaho named Frank Church put the Pyle information to good use. In the wake of President Richard Nixon’s resignation for the massive criminal corruption associated with Watergate, Senator Church used a December 1974 report by New York Times columnist Seymour Hersh concerning widespread CIA warrantless surveillance to bring Pyle’s information before the senator’s U.S. Select Committee to Study Governmental Operations with Respect to Intelligence Activities.

Thanks to courageous Americans like Pyle, Hersh, and Sens. Church and Ervin, the people of this country learned that its executive branch of government had been violating their civil and constitutional rights at such a mind-numbing scale that many lost their faith in “honest government.” It was out of the ashes of this governmental lawlessness that the Foreign Intelligence Surveillance Act (“FISA”) was signed into law by former President Jimmy Carter in 1978. A central feature of the Act was the creation of the Foreign Intelligence Surveillance Court(“FISA Court”) which allows the executive branch to secretly obtain warrants for electronic surveillance but only with strict judicial review (18 USC 36 Foreign Intelligence Surveillance)

The eleven members (originally the number was seven) of the FISA Court are designated by the Chief Justice of the United States. These judges have the authority to entertain ex parteapplications for electronic surveillance “for the purpose of obtaining foreign intelligence information.” FISA defines “foreign intelligence information” as:

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December 28, 2010

AMERICA-BIG BROTHER IS WATCHING

Filed under: Anti-Terrorism Lawyer — Tags: , , , , , , , — johntfloyd @ 3:52 am

Promoting Fear of Muslim Terror Government Continues Invasion into Privacy, Civil Rights

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Did you know that the nation’s Department of Homeland Security (“DHS”) has given $31 billion in grants, including $3.8 billion in 2010 alone, to state and local governments to find and protect Americans from terrorists?

A recent, detailed report in the Washington Post, titled Monitoring America, written by Dana Priest and William H. Arkin, said there is now “a web of 4,058 federal, state and local organizations, each with its own counterterrorism responsibilities.” At least 935 of these agencies were established in the wake of 9/11 Twin Tower attacks in New York City.

A first impression would consider this a good thing: that American law enforcement and intelligence agencies on “on their game” protecting us from unlikely but potentially real terrorists. This “feel good” impression was given buoyancy by several recent FBI sting operations over the last couple of months: one involving a Baltimore construction worker who wanted to blow up a Maryland military recruiting station; another involving a Somali-born naturalized U.S. citizen who wanted to detonate a car bomb among a large gathering of people attending a Christmas tree lighting ceremony in Portland, Oregon; and yet another involving a Virginia man arrested for wanting to bomb Washington and metro stations.

Arrests in these sting operations occurred within weeks of each other with all of them being a lead story on network and cable news. While it was disturbing to think that there are potential domestic terrorists in our midst, the FBI made a big media splash with these arrests to reassure Americans that the nation’s law enforcement and intelligence agencies are working diligently to protect us.

But protection at what cost?

Each of these FBI sting operations were born out of what the Post said is a “vast domestic intelligence apparatus to collect information about Americans, using the FBI, local police, state homeland security offices and military criminal investigators.” This coordinated state, federal, local and military intelligence gathering is known as “Top Secret America.”  The Post conducted an extensive, months-long investigation that was based on nearly 100 interviews and 1,000 documents and the newspaper’s key findings were:

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December 10, 2010

WIKILEAKS-JULIAN ASSANGE-AND POSSIBLE CRIMINAL PROSECUTION

Keeping the government in Check, the Uncomfortable Reality of Freedom of the Press

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

WikiLeaks’ founder Julian Assange surrendered to British authorities on December 7, 2010 in connection with sexual assault allegations leveled against the Australian native by Swedish authorities. News media reports said Assange was engaged in consensual sexual encounters with two women (WikiLeak volunteers) in Sweden this past August when the encounters turned non-consensual because Assange would not use a condom. The controversial Assange has gained international acclaim and criticism for his website’s disclosure of thousands of classified U.S. diplomatic cables and documents. The sexual assault charges became prominent after the disclosures occurred.

U.S. Defense Secretary Robert Gates expressed satisfaction to the news media about Assange’ arrest by British authorities. The defense secretary called the latest turn of events in this international furor “good news.”

It is not clear what steps will be taken by Swedish authorities to have Assange returned to Sweden to face the sexual assault charges. A British judge ordered the WikiLeaks founder held without bail pending a December 14 hearing. The judge refused Assange’s request for bail, saying the international fugitive posed a significant “flight risk.” That’s a rather strange finding inasmuch as Assange “surrendered” to British authorities.

In the meantime, a criminal investigation into the WikiLeaks disclosures is underway in this country. CNN’s legal analyst Jeffery Toobin recently observed on the cable news network that Assange would not be allowed to “rub the United States’ nose in committing illegal acts and get away with it.” Toobin speculated that the U.S. Justice Department already has a sealed indictment against the WikiLeaks’ founder.

An Assange indictment would certainly please conservative political leaders in this country. In aFacebook posting, former Alaskan Gov. Sarah Palin, the controversial presidential hopeful, took time out from her caribou killing and fish clubbing to say Assange should be hunted down like an al Qaeda terrorist and indicted under the Espionage Act of 1917.

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December 5, 2010

WIKILEAKS RENEW DR. AAFIA SIDDIQUI MYSTERY

86-year prison term for Dr. Siddiqui: Victory in Courtroom is Loss on Worldwide Public Stage

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

This website has maintained an ongoing interest in the bizarre case of Dr. Aafia Siddiqui (hereand here). We have stated we do not know if the Pakistani native is a brilliant neuroscientist or an al Qaeda terrorist as our Government has repeatedly charged she is. What we do know is that our Government has cloaked the Siddiqui case in such mystery and secrecy that we believe she was most likely kidnapped, along with her three children, by Pakistan’s infamous intelligence agency in Karachi in 2003 and turned over to our Government who placed her in secret detention in Bagram military prison in Afghanistan where she was subjected to torture and other forms of debilitating abuse.

Just months after U.S. District Court Judge Richard M. Berman, sitting in the Southern District of New York, imposed an 86-year prison term on Dr. Siddiqui following her conviction for shooting American military personnel after her detention in Ghanzi, Afghanistan in July 2008, the highly publicized and controversial WikiLeaks disclosures of U.S. State Department classified cables has reawaken what the British newspaper, The Guardian, calls “one of the most vexed mysteries of the Bush-era ‘war on terror’.”

One cable from the U.S. Embassy in Islamabad, Pakistan, dated July 31, 2008 (two weeks after Siddiqui’s capture in Afghanistan), stated: “Bagram officials have assured us that they have not been holding Siddiqui for the last four years, as has been alleged.” Earlier cables from the embassy in February addressed the widespread public protest and outrage in Pakistan following Siddiqui’s conviction in February 2010.  At that time U.S. Ambassador Anne Patterson charged the protests were the result of “one-sided” media coverage in Pakistan about the case.

The mystery surrounding Dr. Siddiqui’s strange disappearance from Karachi in 2003 assumed an international life form in 2008 when, according to the Peace thru Justice Foundation, four men escaped from the Bagram prison and began to share stories about a Pakistani woman known as “Prisoner 650” who had been repeatedly subjected to torture and physical abuse at the hands of U.S. Government and military personnel. After a British citizen named Binyan Mohamed was released from U.S. secret detention, he positively identified a photograph of Dr. Siddiqui as “Prisoner 650.” The Prisoner 650/Dr. Siddiqui story was picked up by British journalist Yvonne Ridley who coined her as the “Gray Lady of Bagram.” The “Gray Lady” term was employed because Ridley said “Prisoner 650” appeared to be a “ghost” by all those who saw her and heard her screams echoing following torture sessions at the infamous Bagram prison.

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December 2, 2010

BOTH TERROR AND AMERICAN LEGAL SYSTEM ON TRIAL

Filed under: Anti-Terrorism Lawyer — Tags: , , , , , — johntfloyd @ 5:52 pm

Suspected Terrorists should be Transferred to Civilian Custody and Processed in the Criminal Justice System

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Ahmed Khalfan Ghailani was involved in the two bombings of U.S. embassies in Africa in 1998 which killed 224 people, including 12 Americans. To what extent we do not know. The final verdict is mixed on that issue. What we do know is that the New York Times reported Ghailani was captured in Pakistan in 2004 where he was held in one of the CIA’s “secret prisons” for most of the next five years. He was subjected to repeated interrogations and torture during that period before he was transferred to Guantanamo Bay detention facility, according to his attorneys. The Obama administration elected to use the Ghailani case as a test run for its policy that terrorists should be tried in civilian courts rather than before military tribunals (herehere and here). Ghailani was then indicted by a New York federal grand jury on 285 terrorism-related counts, including conspiracy to use weapons of mass destruction and murder in connection with the embassy bombings, and thereafter transferred from military custody to civilian custody.

The Times also reported that last May that U.S. District Court Judge Lewis A. Kaplan issued two significant pretrial rulings in the Ghailani case which seem to pave the way for future prosecution of suspected terrorists, like Khalid Sheik Mohammad, in civilian courts. The judge denied motions by Ghailani’s attorneys to dismiss the charges against him because he had been subjected to torture while held in the CIA’s “black site” facility and because his right to a speedy trial had been violated by the secret CIA pretrial incarceration. Put simply, torture and long term incarceration in secret prisons without an attorney or due process protections will not stand as a bar to terrorism prosecutions in Judge Kaplan’s court—a significant departure from longstanding constitutional precedents in our system of  justice.

But on the day before the Government was to present its case Judge Kaplan handed down a ruling which, some legal experts believe, damaged the prosecution’s case, according to theTimes. The judge ruled the Government could not use Hussein Abebe as a witness because the CIA learned about him through Ghailani’s tortuous interrogations. Abebe was prepared to testify he had sold Ghailani the explosives used to destroy the embassies. Judge Kaplan, however, tempered his ruling with the observation that even if Ghailani were found not guilty, he could be held indefinitely as an “enemy combatant” until “hostilities between the United States and al Qaeda and Taliban end.”

Last month, following a four-week trial, an anonymous six-man, six-woman jury acquitted Ghailani of 284 counts while finding him guilty of one count of conspiracy to destroy government buildings and property. He faces a minimum of 20 years and a maximum of life imprisonment on that one count at his sentencing scheduled for January 25, 2011. Lead prosecutor in the case, Preet Bharara, said he will seek a life sentence for Ghailani. Ghailani’s four attorneys presented a defense that their client had been “duped” into assisting in the conspiracy to destroy the embassies and will obviously push for a much lesser sentence because of the jury’s verdict.

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