Monday, April 26, 2010

Department of justice and FBI Officials Consider Resigning

Under President Bush, Several senior DOJ and FBI officials considered resigning after the Presidential Authorization was signed without Department of Justice concurrence. Comey told the DOJ OIG that he drafted a letter of resignation because he believed it was impossible for him to remain with DOJ if the President would do something DOJ said was not legally supportable. Comey also testified that Ashcroft's Chief of Staff David Ayers believed Ashcroft also was likely to resign with him
Goldsmith told the DOJ OIG he drafted a resignation letter at around the same time as Comey according to his contemporaneous notes, Goldsmith cited the "shoddiness"of the prior OLC legal review
the "over -secrecy" of the PSP , and the "shameful" incident at the hospital as among his grievances.

At approximately 1:30 a.m, on March 12,2004, FBI Director Mueller drafted by hand a letter stating in part:[A]fther reviewing the plain language of the FISA statue, and the order issued yesterday by the President..... and in the absence of further clarification of the legality of the  program from the Attorney General, I am forced to withdraw the FBNI from participation in the program

Now my question is who in the FBI keep this program going? 

Further should the President order the continuation of the FBI's participation in the program, and in the absence of further legal advice from AG, I would would be constrained to resign as  Director of the FBI' Muller told the DOJ OIG that he planned on having the letter typed and then tendering it, but based on subsequent events his resignation was not necessary.

In written responses to Senator Charles Schumer following his testimony, Comey wrote that he believed that several were prepared to resign.   

There a lot that go on behind close door, and have a way of coming into the light 

Unclassified Report on the President's Surveillance Program

This is when the other hand dose not, know what the other hand is doing unbelievable

White House Counsel Certifies Presidential Authorization without Department of Justice Agreement

On the morning of March11,2004 with the Presidential authorization set to expire, President Bush signed a new authorization for the President's Surveillance Program. in a departure from the past practice of having the Attorney General certify  the authorizations a form and legality, the March11, Authorization was certified by the White House Counsel Gonzales. The March authorization also differed markedly from prior authorization three other respects. it explicitly asserted that the President's exercise of his Article II Commander-in Chief authority displaced any contrary provisions of law, including FISA.it clarified the description of certain Other Intelligence Activities being conducted under the PSP to address question regarding whether such activities had actually been authorized explicitly in prior authorizations. It also stated that approving the prior Presidential Authorizations as to form and legality, the Attorney General previously had authorized the same activities now being approved under the March 11, Authorization

White House Chief of staff informed Comey by telephone on the morning of March11, 2004, that the President had signed the new Authorization that morning. at approximately noon, Gonzales called Goldsmith to inform him that President, in issuing the Authorization, had made an interpretation of law concerning his authorities and that department of justice should not contradiction of the President's determinations
Also at noon on March 11, Director Mueller met with Card at the White House. According to Mueller notes, Card told Mueller that if no "legislative fix" could be found by May6,2004, when the March 22, Authorization was set to expire, the program would discontinued.

The Department of justice and OIG determined that this statement subsequently was removed from future authorization after Ashcroft complained to Gonzales that the statement was inappropriate " In May 20, 2004 memorandum, Ashcroft wrote that it was until Philbin and later Goldsmith explained to him that aspects of NSA's Other Intelligence Activities were not not accurately described in the prior authorizations that he realized that he had been certifying the authorizations prior to March 2004 based on a misimpression of those activities.

Mueller wrote that he told Card that the failure to have the Department of justice representation at the congressional briefing and the attempt to have Ashcroft certify the authorization without going through Comey" gave the strong perception that the {White House}  was trying to do an end run around the acting [ Attorney General] whom they knew to have some serious concerns as to the legality of portions of the program" Card responded that he and Gonzales were unaware at the time of the hospital visit that Comey was the acting attorney general, and that they had only been following the direction of the President.   

Sunday, April 11, 2010

Criminal Justice And the Rule of Law

Entrapment-The Defense that the Individual was Induced by the Police to Commit a Criminal Act.
Is a defense that may be used to show lack of Intent. the Law excuses a defendant when it is shown that government agents have induced the person to commit a offense,  that dose not mean that the police may not use a undercover Agents, - to set a trap for criminals- But the entrapment defense act is to encourage a criminal act

The defense of entrapment has evolved though a series of count decisions in this century. in earlier times judges were less concerned with whether the police had baited a citizen into committing an illegal act they were more concerned if the citizen had taken the bait, Now  when the police investigate a crime or implant the idea for a crime in the mind of a person who then commits the offense
entrapment has occurred , entrapment raises tough question for a judges who must decide whether the police went to far  toward making a case occur that otherwise would not have happened

that the  key questions a community need to be asking!

The Supreme Court Stressed that the prosecutor must show beyond a reasonable doubt that  a defendant was predisposed to break the law before he or she was approached by an government agents

IN THE MAJORITY OPINION JUSTICE, BYRON WHITE WROTE THAT GOVERNMENT OFFICIALS MAY NOT. ORIGINATE A CRIMINAL DESIGN, IMPLANT IN AN INNOCENT PERSON "S MIND THE DISPOSITION TO CRIMINAL ACT, AND THEN INDUCE COMMISSION OF A CRIME SO THAT THE GOVERNMENT MAY PROSECUTE   

So who is changing the laws and the rule that was put in place, is our own government above the law?
and if so what dose this mean for our children, what would this world look like without law? without trust in the people we put in power, are we going backward in time?    
The Magna Carta.singed by England "s King John in 1215, is the first written guarantee of due process
it established the principle that persons must be arrested and tried according to the processes outlined

Not Generate

Friday, April 9, 2010

Unclassified Report on the Presidents Survellance Program

This is what happen when fear kick in and intelligence go out the window,

Under President Bush who put this program together  subsequent to 9/11 with  Components of the Department of Justice (DOJ, the FBI, Office of Legal Counsel, (OLC) provide advice to the White House and the Attorney General  and other body of agencies.

The Attorney General at that time had many concern, about how the Presidents was conducting this new
 PSP program activities and  other department in the week following 9/11 2001
which required the Inspectors General of Intelligence Community agencies to conduct a comprehensive review of the program. the review required to be conducted under the act was to examine:

(A) all of the fact necessary to describe the establishment, implementation, product, and the use of the product of the program;

(B) access to the reviews of the program and access to information about the program

(C) communication with, and participation individuals and entities in private sector related to the program

(D)  interaction with foreign intelligence surveillance court and  transition to court orders related to the program

(E) any other matters identified by any such inspector general that would enable that inspector general to complete a review of the program, with respect to such department or element


Now people let me tell you it a must read, to find out what happened behind close door I will post little by little to give you as must information as I can, cause now they have to undo what been done by our own government, they must fix the unjust  that being done and have been done,  

Wednesday, April 7, 2010

Passes of Resolution supporting review of terror prosecutions

We March with Albany Muslim Solidarity Committee which is run  by Lynne Jackson and Attorney Stephen Downs and other member in their community who came together when Yassin Aref & Mohammed Hossain was arrests in a government operations and was charges with terrorism, this group of citizen came together to help the wife's and children  regarding  issues that arise when a husband is absent and the economic turmoil. they are doing a wonderful job working on the issues around Muslim attack in our communities run by our own government

Families from several area, , Newburgh , New Jersey Brooklyn, Cherry hill and Maryland, and organization came to show that there are crime being done by our Federal Government, and we will stand as one and bring attention to these issues that have affect us as a whole, And how the FBI Sting is having a impact on our live
 We still have a long way to go, and this is one of our first victory to speck to the Common Council in Albany and tell them our stories. and why there should be a Resolution for Preemptive Prosecution, which was introduced under President Bush Administration,Which now need to be revitalize by President Obama Administration

The Resolution was introduced by Council members Dominick Calsolarso, Ronald Conti, Catherine Fahey, Anton Knoev, Jame Sano, Barbra Smith,Michael O Brein, and Lester Freeman

Under the preemptive prosecutions program hundreds of Muslims all over the country, and even American who become Muslims while incarcerate, that have been prosecuted and convicted. to preemptive them from committing crimes in the future, if people are being prosecuted before they commit  a crime, and with the use of Confidential Informant . there is substantial danger that innocent people will be convicted, who had no intention of every breaking the law
Council Member Dominick Calsolarso declaration was . We showed that the impact of the Federal Government Sting, affects a community, people came to Albany Common Council to seek help on these issues
It was pass, we still have a lot of  work to do on these issue that affect a nation. not just a community we have to stand and not be move by our own government. and  turnaround the injustice that has been commit

(Thank to Attorney Stephen Downs who put the Resolution together)

Liberty and Justice for all

   

Sunday, April 4, 2010

Personal Stories of Preemptive

First I would like to thank the Sponsors that put this event together, NYU-National Lawyers Guild,WESPAC,Middle Eastern Students Association, Law Students for Human Rights, Project SALAM Muslim Solidarity Committee, NYU Law ACLU, Muslim Graduate Student Group,

For families who have been effected by the Patriot Act & the Justice Department Ill Treatment
and the impact it have had , On those left behind to deal with the after effected with family member Incarceration. each individual stories was beyond belief to here, heart felt through out the room

I was amaze of the out come of this event, with the fear factor surround these 's Governments Cases of entrapment and the various people who came  out to hear our stories. I myself was flabbergast at the other families member stories, along with my family storied

It was not about who could be more communicative or more talkative, it was about the issues at hand what been going on in communities . the miscarriage of justice Post 9/11 and the fictional FBI stings

And the Misuse of Agents Provocateur. Under this New Law Preemptive Prosecution which in November 2001, came into effect by Dick Cheney his 1% doctrine -if there is just a 1 percent of the unimaginable coming due , act it is a certainly! which has become so doubled minded in our case and the case in Albany because they sent  the same informant into a community to seek out individual and created criminal  behavior
That forfeit's the right of individual, the Government is going mad. this what happen when you give people to much power, they go dame Crazies, and the sad part is under the atmosphere of fear and hysteria. to the point that people can not open their eye let along there mind

To what taking place here and other area in the U.S, As we can see their activities differ in scope and purpose. to achieve their goals of doing injustice within our communities

After the Civil War, three amendments were added to the Constitution.  these amendments were designed to protect individuals rights against infringement by state & local government officials.the Fourteenth amendment, ratified 1868, barred state from violating people right to Due Process of law. it sates that No State shall.... deprive any person life liberty, or property without due process of law, nor deny any person within its jurisdiction the equal protection of the laws; These rights to due process and equal protection served as a basis for protecting individuals from abusive action by local criminal
justice officials,

So who change the Law and the Rules, I for one do not want to feel like my Government has set up the framework with Criminal  acts that are being Committed, A New Mafia that can do Activities Illegal 

What System will hold them accountable,  

I am hoping that the Government appoint a special prosecutor to re-view all Preemptive Prosecutor cases in order that will separate and dismiss the fake cases, ( in which the defendants were framed, and the uses of agents provocateur)  

Sunday, March 7, 2010

The Laughing is over

The Media and Newspaper have had their laugh and joke about  the Newburgh Four, Now that the laughing and joking is over. let take a look at these men existing on the fringes of society

There are some new and old Federal Programs being created  or re-created to help those who are returning home. for example Laquerre Payen, who got lost with our system once he re-enter back into society
Corrections  or the institutions he left should have emphasize his need by developing a individual re-entry plan which would have systemically link him to service's and mental health treatment

Reentry Policy Council speck about charting the safe & successful return of prisoners to community
change in cultures of criminal Justice & health and human services working with organization so that
administrators of these entities recognize the safe and successful return of individuals coming back to their communities from which they came from

So what happened with these man? where was the parole officers?
State and local government authority must work with other agencies and organization to formulate better protocol

that must be tailored to account for individuals risk and need. while they are incarcerated, to prepare them for re-entering back home. it look like time spend in jail or prison should be center around treatment and education & training

Friday, March 5, 2010

The CLEAR Project at CUNY School of Law

CLEAR, Stand for ( Creating, Law, Enforcement, Accountability, & Responsibility)
This is a project that grew out of CUNY and there relationship with community-based
organization  whose members that have been affected by respond to incidents and valuations
resulting from domestic national security counter terrorism polices and practices

Issues CLEAR has address since it inception in 2009, have included advising community members
of their rights as they respond to requests by FBI interviews during searches by law enforcement
and in the course of overseas travel CLEAR, representatives have offered advice and information around
potential criminal & immigration consequences that may result from national security and counter terrorism  policies and practices

The project is developing strategies & initiatives to address issues that have been affecting  our community & individuals who have been impact by the government war, since 9/11

It was stunning to hear how many people are being impinge on by this issues in a community and to see how.many organization attended  to deal with the injustices by NYPD & FBI

This is a very good Comprehensive Strategy to arm the community with solid information
we have a large battle against us

President Theodore Roosevelt

Declare.This country will not be a good place for any of us to live in
Unless we make it a good place for all of us to live in

Sunday, January 3, 2010

Who's on the FBI's Watchlist?

The FBI's list of known or suspected lists includes more than 4000,000 people, about 2%
of them are US. citizens. The FBI say's its watchlists is useful tool for intelligence analysts
but others say it too big to be helpful and endangers the rights of people who may be included without just cause.

What qualifies someone for the lists?

One would never know if they are on the lists -it's classified, people who supect they might be listed without cause.can file a request through the Traveler Redress Inquiry program wedsite

Christoher Calabrese, Legislative counsel at the American Clivil Liberties Union, claims that
the system allows too many people to come under scrutiny and diverts the attention of authorities form real threats, Every day, they are deciding that more and more people are a  threat

Who list  are you on?