CRIMINAL JURISDICTION

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

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.”

(more…)

July 14, 2008

RACIAL PROFILING AND THE FBI

Filed under: Anti-Terrorism Lawyer — Tags: , , , — admin @ 8:05 pm

Houston Criminal Attorney John Floyd Discusses FBI’s Push to Legitimize Racial Profiling

On July 3, 2008 the Associated Press reported that the United States Justice Department was considering adoption of new rules that would allow the FBI to investigate persons without any probable cause of wrongdoing. FBI officials said that being able to target for selective investigation Muslims, Arabs and other racial and ethnic groups that fit a “terrorist profile” would enable the agency to fulfill a post 9/11 Congressional mandate to “root out” terrorists before they strike.

The Bush administration has consistently issued statements that it does not support the targeting of racial or ethnic groups for selective investigation. The proposed new Justice Department rules, however, would allow the FBI to consider both race and ethnicity among the factors that, according to AP, “could trigger a national security investigation.”

The FBI informed AP that under its existing rules the agency must have either specific evidence or probable cause to believe a crime has been committed before it can initiate an investigation against United States citizens or legal residents. The new rules under consideration would greatly expand the agency’s police powers allowing FBI agents to begin preliminary terrorism investigations based on mined public records or general intelligence data to put together individual behavioral profiles deemed suspicious. Some of the factors the FBI would consider in developing these profiles would include but not be limited to:

  • Individuals traveling to regions known for terrorist activity;
  • Access to weapons or military training; and
  • The individual’s race or ethnicity.

“We don’t know what we don’t know, and the object is to cut down on that,” one anonymous FBI official told the AP in defense of the proposed rule changes. (more…)

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