Can’t Spell Militia without “MI” (and IN and OH)

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Apparently, while I was sleeping, they turned my local sheriff’s department into a staging center for FBI raids against a Christian-focused militia group less then 40 miles away.

The FBI conducted raids Saturday night in Washtenaw County and Lenawee County in an investigation involving members of Hutaree, a Christian-oriented militia group based in Lenawee County, AnnArbor.com has learned.

The nature of those raids has not been made public. FBI Special Agent Jason Pack, who is based in Washington, D.C., said he did not know how many people were taken into custody. Gina Balaya, a spokeswoman for the U.S. Attorney’s Office in Detroit, could not be reached for comment today.

“I can confirm that there is ongoing law enforcement activity in the Ann Arbor general area,” Pack said in a written statement. “Since the federal warrants are under court ordered seal, legally we cannot provide further comment at this time.”

Local Michigan militia member Jimmy Schiel said he was told five people were arrested – including one known member of Hutaree. Schiel said the five were reportedly arrested during a raid at a service in the Ann Arbor area for a Hutaree member who died recently.

Apparently, this raid is connected with a raid in Indiana …

Hammond police assisted with an FBI raid Saturday evening in the Indiana city, but federal officials would not release any details.

Hammond officials did not know the circumstances surrounding the raid, which began about 7 p.m. and lasted two hours, said a police dispatcher.

And in Ohio…

A battalion of local officers and federal agents flooded the Bayshore Estates neighborhood Saturday afternoon.

A second raid was conducted in Huron. An FBI agent at the scene of the Bayshore Estates raid said a second, related raid was taking place at “another location.” Huron police confirmed late Saturday a raid had taken place in that city, but would say nothing more.

Likewise, FBI agents at the scene and at the Cleveland field office are staying mum on the cause of the commotion.

“We did make some arrests,” said special agent Scott Wilson of the FBI’s Cleveland office.

What was it we’ve been talking about, whether coordinated actions of white Americans could be terrorism or not?

Here’s an update–looks like they were worried about anti-Islamic violence.

Lackomar said he heard from other militia members that the FBI targeted the Hutaree after its members made threats of violence against Islamic organizations.

“Last night and into today the FBI conducted a raid against homes belonging to the Hutaree. They are a religious cult. They are not part of our militia community,” he said.

Lackomar said he was told there were five arrests Saturday and another five early Sunday. The FBI declined to comment.

One of the Hutaree members called a Michigan militia leader for assistance Saturday after federal agents had already began their raid, Lackomar said, but the militia member — who is of Islamic decent and had heard about the threats — declined to offer help. That Michigan militia leader is now working with federal officials to provide information on the Hutaree member for the investigation, Lackomar said Sunday.

DOJ: Scott Roeder Is Not a Terrorist

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Since we’ve been talking about domestic right wing terrorism of late, I wanted to elaborate on a point I made here. Today, the Department of Justice released a list of all the terrorist-related individuals it found guilty in civilian courts since 9/11. And Scott Roeder, who was found guilty of killing George Tiller on January 29, 2010, is not on that list.

There are two reasons why it might be churlish for me to make that observation. First, the list was released in response to a specific request from the Senate Judiciary Committee in the context of debates over civilian versus military trials for Gitmo detainees, which suggests SJC was interested in a certain kind of terrorist (though, at least in Assistant Attorney General Ronald Weich’s response, it seems that the request was not specific to international terrorists). Also, in response to that request, DOJ simply provided a list started during the Bush Administration, and the list was explicitly limited to international terrorists.

The National Security Division’s International Terrorism and Terrorism-Related Statistics Chart tracks convictions resulting from international terrorism investigations conducted since September 11, 2001, including investigations of terrorist acts planned or committed outside the territorial jurisdiction of the United States over which Federal criminal jurisdiction exists and those within the United States involving international terrorists and terrorist groups.

In other words, to develop a list of all terrorists–rather than just the terrorists the National Security Division considers terrorists–it would have to cull out the names of Americans who also engaged in terrorism.

So what would it take, then, for DOJ to consider a guy who stalked a doctor for years, who collaborated with a number of other people engaged in intimidation and violence, and ultimately gunned a man down while he was worshiping at church, a terrorist?

If we find evidence that, in addition to harboring pedophiles, Pope Benedict and the American Catholic Bishops have been intimidating women and their doctors, would Scott Roeder be considered a terrorist (recognizing, of course, there is no allegation that the Catholic Church endorses violence of the type Roeder used)? Or would it take a brown man, involved in the plot, for DOJ to consider this terrorism?

The 390 Terrorists Convicted in Civilian Courts

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The Department of Justice has just sent a letter to the Senate Judiciary Committee answering early questions about how many terrorists have been convicted or plead guilty in civilian courts. Between those convicted of terrorism-related crimes (150) and individuals with ties to international terrorism convicted of other crimes (like obstruction or perjury–the total here is 240), 390 people have been sent to prison using our civilian courts.

As you might recall, there has been some debate over what the “real” number of terrorists convicted in civilian courts is. After the Obama Administration used the same number the Bush Administration had–a number which combines terrorist charges with non-terrorist charges–Republicans squawked.

But as DOJ points out, having other charges available is one of the advantages to the civilian courts:

The second category includes a variety of other statutes (like fraud, firearms offenses, false statements, or obstruction of justice) where the investigation involved an identified link to international terrorism. There have been more than 240 individuals charged in such cases since September 11, 2001. Examples of the international terrorism nexus identified in some of these cases have also been provided for your review.Prosecuting terror-related targets using these latter offenses is often an effective method—and sometimes the only available method—of deterring and disrupting potential terrorist planning and support activities. Indeed, one of the great strengths of the criminal justice system is the broad range of offenses that are available to arrest and convict individuals believed to be linked to terrorism, even if a terrorism offense cannot be established. Of course, an aggressive and wide-ranging terrorism investigation will net individuals with varying degrees of culpability and involvement in terrorist activity, as the NSD chart reflects. Arresting and convicting both major and minor operatives, supporters, and facilitators can have crippling effects on terrorists’ ability to carry out their plans. [my emphasis]

This is a point David Kris made in Congressional testimony last year–there are actually charges you can’t use in a military commission but which you can use in a civilian court (though the Obama Administration appears prepared to press the limits of MCs anyway).

The list of terrorists convicted itself is interesting in its own right. Among other things, it demonstrates the degree to which terrorism is still largely–though not exclusively–targeted at Muslims (though in the first page itself there are individuals tied to the Tamil Tigers and one woman from FARC who was quietly rounded up last year after the Ingrid Betancourt rescue).

Not on this list? Right-wing American terrorists like Scott Roeder.

Another Reason to Use Civilian Courts

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This WaPo story–which tells how Mohamedou Ould Slahi and Tariq al-Sawah got special privileges and too much fast food at Gitmo in exchange for cooperation–focuses on the things the detainees get, like Subway sandwiches, their own mint garden, and their own compound. (h/t cs) But it really points to one more reason why civilian trials may be better than military commissions: because of the ability to offer something in exchange for cooperation.

With both the underwear bomber and Najibullah Zazi, officials were eventually able to get their cooperation investigating their ties with the al Qaeda network in exchange for the possibility of leniency (and for the underwear bomber, a promise not to try for the death penalty). And Jamal al-Fadl ended up being one of the key witnesses in the Embassy Bombing trial, which helped put US-based al Qaeda figures in jail for life.

Yet with Slahi and al-Sawah, there seems to be no easy way to reflect their cooperation. Rewarding these two detainees for having cooperated is considered “a hard sell.”

“I don’t see why they aren’t given asylum,” said W. Patrick Lang, a retired senior military intelligence officer. “If we don’t do this right, it will be that much harder to get other people to cooperate with us. And if I was still in the business, I’d want it known we protected them. It’s good advertising.”

A current military official at Guantanamo suggested that that argument was fair. Still, he said, it’s “a hard-sell argument around here.”

Heck, in the case of Slahi, the government is appealing Judge Robertson’s order that he be released.

And, as a number of sources admit later in the EPU range of this article, we simply don’t have the means to account for cooperation in our disposition of higher level al Qaeda detainees.

A Justice Department-led review of the cases of all detainees at Guantanamo Bay, which recently wrapped up, decided that Sawah and Slahi are owed no special treatment. An administration official, speaking before the federal court ruling on Slahi, said the government wants either to prosecute them or to hold them in some form of indefinite detention without charge.

Some current and former military officials say there should be other options. The treatment of high-profile informants such as Sawah and Slahi, they argue, will affect the government’s ability to turn other jihadists.

“We are much behind in discussing and working out details of some form of witness protection program for the most potentially important and in-danger witnesses,” said a military official who has served at Guantanamo.

The former chief military prosecutor at Guantanamo, Lawrence Morris, said officials always weighed a detainee’s cooperation, particularly its quality and timeliness, before making a charging decision.

“We were not heedless to other factors, but our job was to make our best judgment from a criminal standpoint,” said Morris, who noted that the decision to bring a case against Sawah came after prolonged deliberation and consultation with intelligence officials.

So instead of providing an incentive for al Qaeda insiders to flip in exchange for special treatment, we instead push for indefinite detention for them (albeit detention softened by fast food). And we’re left with the kind of intelligence hack contractors can collect in the field rather than real inside information.

Bull Durham Update: Torture Tape Investigation Winding Down Again

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Take this with a grain of salt, because we have heard it before, but there is a new story out that John Durham is winding down his torture tape investigation. Carrie Johnson and Julie Tate at the Washington Post are out this afternoon with an article intimating the investigation appears to be “nearing a close” and, as predicted here, there appears to be little, if anything, useful going to come from it. A false statements charge against a single secondary CIA official appears to be all that is potentially in the offing, and even that is shaky:

Assistant U.S. Attorney John H. Durham, who is leading the investigation, recently bestowed immunity from prosecution on a CIA lawyer who reviewed the tapes years before they were destroyed to determine whether they diverged from written records about the interrogations, the sources said. That could signal that the case is reaching its final stages. Durham has been spotted at the Justice Department headquarters in the District over the past few weeks, in another signal that his work is intensifying.

The agency lawyer, John McPherson, could appear before a grand jury later this month or in April, according to the sources, who spoke anonymously because the investigation continues. CIA lawyers have been essential to understanding the episode because they offered advice to agency personnel about the handling of the tapes and whether they should have been included when agency records were turned over in other court cases. McPherson is not believed to be under criminal jeopardy but he had previously hesitated to testify, the sources said.
…….
Investigators now are turning their attention to the grand jury testimony last year by another agency official, the sources said. Lawyers point out that prosecutors routinely search for discrepancies in grand jury testimony as part of any broad investigation.

Jose A. Rodriguez, the former chief of the CIA’s directorate of operations, triggered the destruction of the 92 tapes in November 2005. But he has not offered any testimony to prosecutors. But an official who worked alongside him did appear before the grand jury for more than a day and that testimony is being scrutinized closely by prosecutors, the sources said. The Washington Post was asked not to publish the name of the official, who is undercover. The official’s attorney declined comment Wednesday.

If the reporting is accurate, there are several things of interest here. First off, there is little, if any, accountability in the offing. False statements against a secondary official giving closed door testimony is not going to take us rule of law adherents where we want to go. And if this official is indeed covert, the odds of charges really being pursued are not very good; not to mention that any prosecution, even if it were pursued, would be fastidiously kept narrow and Read more →

Here Comes The Judge; Gitmo Military Commissions Redux

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It has now been a little over a month since we learned just how far over the due process rule of law cliff the Obama Administration has gone with regard to politicization of the DOJ prosecutorial function in relation to terrorist trials. That striking realization came courtesy of Jane Mayer’s and Josh Gerstein’s respective reports on the Rahm/Obama negotiations with Lindsay Graham to go strictly with military commissions and Eric Holder’s seeming resignation that such may indeed be the case.

There are two new developments that would seem to indicate the Obama Administration is indeed moving toward capitulation to the neocon howlers on the issue of military tribunals over civilian trials. First, from Main Justice comes word that the Graham/Emanuel deal is looking like it is on and Graham has finalized his proposal on terrorist detentions and trials band and he and the administration are circulating it on the hill:

Graham’s proposal comes after weeks of discussion between the South Carolina senator and White House Chief of Staff Rahm Emanuel. In January, Emanuel and Graham began talks on a deal: Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, terrorist attacks, would be tried in a military tribunal, in exchange for Graham’s support for a new U.S. detention center to replace Guantanamo Bay. (Graham has warned that his support for closing Gitmo would be affected by a civilian trial for KSM, which he adamantly opposes.) According to an unnamed administration official cited by The Post, those discussions have broadened and Graham now hopes to reach a “grand bargain” that would resolve many outstanding questions concerning terrorist detention.

The White House opposes some of the ideas in Graham’s proposal, such as a separate national security court to try alleged terrorist detainees, according to The Post. But other provisions — including one that would create a standard process for dealing with habeas petitions, where alleged terrorists challenge their status as “unlawful enemy combatants” in U.S. courts — are likely to find support, The Post said.

It is all disquieting enough, but the last part signals a abject willingness by the Obama Administration to have Congress restrict habeas access to courts; I guess they are noticing that real courts keep thinking there is no justification for detention of the people they have salted away for years at Gitmo.

The second piece of news comes vis Mike Isikoff and the Declassified Blog:

The White House may yet be several weeks away from announcing whether it plans to overrule Attorney General Eric Holder and order that the 9/11 conspirators be tried before military commissions rather than in civilian courts. But it’s not hard to figure out which way the wind is blowing.

The Pentagon is set to announce that Secretary of Defense Bob Gates has appointed a new chief judicial officer for the Office of Military Commissions, according to three Defense Department sources familiar with the decision. The appointment, which could come as early as Wednesday, paves the way for the Pentagon to begin convening a series of high-profile terror trials before military commissions at the U.S. detention facility at Guantanamo Bay–the very same Read more →

Coordinated Anti-Democratic Vandalism in at Least 3 States

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On Friday, former militia leader Mike Vanderboegh called for anti-Democratic vandalism across the country to protest the health care bill.

Vanderboegh posted the call for action Friday on his blog, “Sipsey Street Irregulars.” Referring to the health care reform bill as “Nancy Pelosi’s Intolerable Act,” he told followers to send a message to Democrats.

“We can break their windows,” he said. “Break them NOW. And if we do a proper job, if we break the windows of hundreds, thousands, of Democrat party headquarters across this country, we might just wake up enough of them to make defending ourselves at the muzzle of a rifle unnecessary.”

And, apparently in response, there were attacks in–at least–Wichita, KS, Tucson, AZ,  Rochester, NY, Niagara Falls, NY.  Vanderboegh has proudly claimed credit for the coordinated attacks.

Remember how, several weeks ago, Michael Isikoff rationalized away any concerns about someone flying a plane into a federal office building? One distinction he made is that white American terrorists–the Unabomber, the anthrax killer (!), the tax protestor–don’t coordinate with others who have the same enemy.

ok, just to weigh in on this—I think some of the comments miss what I take to be the fundamental distinction. The underpants bomber, for all his ineptitude, was equipped and dispatched by a foreign enemy—Al Qaeda in the Arabian Peninsula—whose ultimate leader (bin Laden) has declared war on the United States and who has demonstrated his willingness and intent to inflict mass casualties on our civilian population. That makes underpants man a terrorist and had he been captured overseas, would have made himan enemy combatant—and why the Obama administration dispatches the U.S. military and Predator drones to destroy the people who sent him here. Similarly, the Fort Hood shooter may have been a disturbed “lone wolf” but he was in ideological alignment and in communication with a member of the same foreign enemy.That makes them both terrorists.

The Austin tax protestor, the anthrax scientist wacko, the Unabomber—all did heinous things that we can  describe any way we want—certainly what they did were terrorist acts— but they all remain a very different kettle of fish, which is why Mr. underpants man gets more attention that Austin tax protestor flying plane into building.

Now, to be fair, Isikoff also said that to qualify as a terrorist you had to set out to cause mass casualties (though of course the IRS protester failed only in execution on that front).

But as to coordination to serve a mutual enemy? We’re officially there now.

Holder: Zazi's plot "one of the most serious terrorist threats to our nation since September 11th, 2001"

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And all resolved using civilian law enforcement. From the DOJ press release:

The Justice Department announced that Najibullah Zazi pleaded guilty today in the Eastern District of New York to a three-count superseding information charging him with conspiracy to use weapons of mass destruction (explosive bombs) against persons or property in the United States, conspiracy to commit murder in a foreign country and providing material support to al-Qaeda. Among other things, Zazi admitted that he brought TATP [Triacetone Triperoxide] explosives to New York on Sept. 10, 2009, as part of plan to attack the New York subway system.

Zazi, 25, a resident of Aurora, Colo., and legal permanent resident of the United States from Afghanistan, entered his guilty plea today before Chief U.S. District Judge Raymond J. Dearie. Zazi faces a maximum statutory sentence of life in prison for the first two counts of the superseding information and an additional 15 years in prison for the third count of the superseding information.

[snip]

As Zazi admitted during today’s guilty plea allocution and as reflected in previous government filings, he and others agreed to travel to Afghanistan to join the Taliban and fight against United States and allied forces. In furtherance of their plans, they flew from Newark Liberty International Airport in Newark, N.J., to Peshawar, Pakistan at the end of August 2008. Although Zazi and others initially intended to fight on behalf of the Taliban, they were recruited by al-Qaeda shortly after arriving in Peshawar. Al-Qaeda personnel transported Zazi and others to the Waziristan region of Pakistan and trained them on several different kinds of weapons. During the training, al-Qaeda leaders asked Zazi and others to return to the United States and conduct suicide operations. They agreed.

[snip]

“This was one of the most serious terrorist threats to our nation since September 11th, 2001, and were it not for the combined efforts of the law enforcement and intelligence communities, it could have been devastating,” said Attorney General Eric Holder. “This attempted attack on our homeland was real, it was in motion, and it would have been deadly. We were able to thwart this plot because of careful analysis by our intelligence agents and prompt actions by law enforcement. They deserve our thanks and praise.”

Note how the superseding information includes conspiracy to commit murder in a foreign country (but not such a conspiracy here in the US). I guess that’s a signal that from this plea deal DOJ expects to get a lot more on the people in Pakistan Zazi was working with.

Najibullah Zazi: Another Counterterrorism Victory for Civilian Law

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The AP is reporting that Najibullah Zazi, who was arrested last September as he was preparing to deploy bombs made out of beauty supply derived TATP, will plead guilty later today.

Which means that less than a year after a person allegedly trained in Pakistani al Qaeda-affiliated training camps tried to attack in the US, he will start serving time for his crimes.

Meanwhile, a bunch of other Afghan and Pakistani-trained alleged terrorists rot away in Gitmo because Lindsey Graham has a fetish for military commissions.

As Jeralyn notes,

So he had lawyers from day 1, waived his Miranda rights, wasn’t tortured, and is now cooperating and pleading guilty. He’s going to get a reduced sentence in exchange for his cooperation. The U.S. gets the benefit of his knowledge. He gets punished and incarcerated.

All of this in a federal criminal court with him being provided his full panoply of constitutional rights.

This is the same scenario tha will play out with Umar Farouk Abdulmutallab. The same can and should be done with the 9/11 defendants.

Can we stop playing this counter-productive charade with military commissions now?

The Inherent Conflict Of Interest With DOJ's OPR And David Margolis

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Who watches the watchers? Always a valid question; today I want to look at the DOJ Office of Professional Responsibility and its conduct in the investigation of United States governmental attorneys, specifically within the Office of Legal Counsel, involved in the Bush/Cheney torture program. Aside from the facts and conclusions (discussion underway here, here and here), the report is notable for the process producing it, namely the DOJ investigating itself and, not so shockingly, exculpating itself. This will be the first in a series of more specific posts on this blog discussing the multiple, and severe, conflict of interest issues inherent in the OPR Report.

The first, and most obvious, issue of conflict with OPR is that it places evaluation and resolution of ethical complaints against DOJ attorneys in the hands of the DOJ. The power to determine whether there is any impropriety is solely within the hands of those supervising and/or ultimately responsible for the impropriety. Pursuant to 28 C.F.R. § 0.39a, OPR reports directly to the Attorney General and Deputy Attorney General. A vested interest if there ever was one.

Most governmental agencies have independent Inspectors General which operate independently of the agency leadership, have jurisdiction of the entire agency including legal counsel, and thus have credibility as somewhat neutral and detached evaluators and voices. Not so the DOJ, who has arrogated upon themselves the sole right to sit in judgment of themselves. This action to grab the exclusive authority for themselves and exclude the independent IG was first accomplished by Attorney General Order 1931-94 dated November 8, 1994 subsequently codified into the Code of Federal Regulations and reinforced through section 308 of the 2002 Department of Justice Reauthorization Act. Just in time for the war on terror legal shenanigans!

Glenn Fine, the DOJ IG has given Congressional testimony to the US Senate regarding the inherent conflict:

Second, the current limitation on the DOJ OIG’s jurisdiction prevents the OIG – which by statute operates independent of the agency – from investigating an entire class of misconduct allegations involving DOJ attorneys’ actions, and instead assigns this responsibility to OPR, which is not statutorily independent and reports directly to the Attorney General and the Deputy Attorney General. In effect, the limitation on the OIG’s jurisdiction creates a conflict of interest and contravenes the rationale for establishing independent Inspectors General throughout the government. It also permits an Attorney General to assign an investigation that raises questions about his conduct or the conduct of his senior staff to OPR, an entity that reports to and is supervised by the Attorney General and Deputy Attorney General and that lacks the insulation and independence guaranteed by the IG Act.

This concern is not merely hypothetical. Recently, the Attorney General directed Read more →