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Obama's New Racial Profiling Rules

Eric Holder will announce the Obama Administration's new racial profiling rules next week. There will be curbs on racial profiling by law enforcement, including the DEA.

Exempted will be most of the Department of Homeland Security (TSA, Immigration and Customs Enforcement, and Customs and Border Protection)which will still be allowed to use racial profiling at airports and at the border.

Apparently, the plan was also to ban DHS from racial profiling, but they objected and were for the most part exempted. [More...]

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WSJ: U.S. Marshals Posing as Mexican Marines to Catch Cartel Members

The Wall Street Journal reports:

U.S. Justice Department personnel are disguising themselves as Mexican Marines to take part in armed raids against drug suspects in Mexico, according to people familiar with the matter, an escalation of American involvement in battling drug cartels that carries significant risk to U.S. personnel.

A U.S. official says the marshal's participation was approved by high levels of the Mexican Government. The Mexican Embassy in Washington denies that: [More...]

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FBI Director Justifies Agency's Impersonation of Media

A few weeks ago I wrote about the DEA and FBI recently catching flak for some of its deceitful investigation techniques. One instance was the FBI's remote installation of spyware on the computer of a teen suspected of making bomb threats to his school in 2007. The purpose was to track the location of the teen and his computer. To pull it off, the FBI wrote a fake AP news article about the suspect and sent it to his my space account. When the teen clicked on it, the spyware was unleashed, allowing the FBI to locate his computer and get a search warrant for his house. The teen confessed and ultimately pleaded guilty. The matter came to light as the result of a reporter's FOIA Request.
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A Small But Perceptible Shift in U.S. Global Drug Policy

This doesn't seem to have picked up as much traction in the U.S. as it has elsewhere, and it may not be huge, but it does represent a shift in stance on the U.S. global war on drugs.

Robert Brownfield, Assistant Secretary, Bureau of International Narcotics and Law Enforcement Affairs, speaking at a foreign press conference in New York on October 9, while discussing the third of the four pillars of global drug policy, said (Full text here):

Things have changed since 1961. We must have enough flexibility to allow us to incorporate those changes into our policies … to tolerate different national drug policies, to accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs.

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Flak Over FBI and DEA Impersonations

The FBI and DEA's impersonation tactics have been facing a lot of criticism lately. First, there was the case of the cocaine defendant in New York who has filed a lawsuit to stop the DEA from impersonating her on Facebook. The DEA used photos and personal information from her seized cell phone to set up a fake Facebook account in order to trick her friends and associates into revealing incriminating information.

Then there was the disclosure a few days ago that in 2007, the FBI created a fake Associated Press article, put a spyware tool in it and sent it to the My Space account of a Seattle teen suspected of making bomb threats. [More...]

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Missing Afghan Cops Training at Quantico With DEA Found

The DEA brought a bunch of Afghan police to Quantico to train them. It says it polygraphed them and took their passports. That didn't stop two of them from taking off in Georgetown Saturday.

They have now been found. They will be returned to Afghanistan. There's a suggestion in the article they may have intended to seek asylum and "a better life" here.

It’s not known if Samimi and Ataye intended to seek asylum, but it’s likely they left their supervised group to seek a better life in the United States.

More here.

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NYPD Chief Bratton Outlines New Police Training

NYC Police Commissioner William Bratton today appeared before the City Council and outlined changes for the city's police force:

On Monday, Mr. Bratton, surrounded by much of his top leadership, delved into the details of his plan. Every officer would go through a three-day retraining course, on how to talk to an “uncooperative person” in a way that does not escalate into a physical conflict; how to subdue a suspect if the encounter does escalate or if a suspect resists arrest; and how to be sensitive to cultural differences. It would also include a leadership workshop called Blue Courage.

Mr. Bratton said that officers would be expected to retrain regularly in these techniques, as they do with the use of firearms, and that the course would most likely evolve over time.

Bratton also acknowledged the problems with excessive force: [More...]

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Michael Brown: Redacted Police Reports Released

Ferguson police today released the name of the officer who killed Michael Brown (Darren Wilson, who had been on the force for 6 years with no disciplinary history) and 16 pages of heavily redacted reports (available here) related to Michael Brown.

None of the released reports describe the shooting. Instead, they describe an alleged "strong arm" robbery at a convenience store that occurred shortly before noon on the day Brown was shot and killed. Police also released video images from a surveillance camera inside the store showing a person they say is Brown "towering" over a much shorter person (the store clerk or manager). Brown, according to the report, is 18 years old, 6'4" and 292 pounds. [More...]

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AG Eric Holder Addresses Criminal Defense Bar

Attorney General Eric Holder was the featured speaker yesterday at the annual meeting of the National Association of Criminal Defense Lawyers (NACDL) in Philadelphia. The primary topic: Federal sentencing. He also addressed indigent defense, the role of defense lawyers, and the need to act in good faith in discovery matters.

Every day, in courtrooms from coast to coast, criminal defense attorneys take on cases that are fraught with difficulty and often controversy – because you understand that, for our criminal justice system to function at all, every accused individual must have effective representation. And every defendant’s right to due process must be guaranteed.

The full text of his remarks is here.

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New York Times Editorial: Feds Should Legalize Marijuana

The New York Times has taken a bold step. Its editorial board is calling for the legalization of marijuana -- Repeal Prohibition Again.

The Times will feature marijuana legalization all week in a series of articles, High Time. Here's the first article, Let the States Decide. [more....]

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No Treaty, No Problem for the DEA

Update 7/27: The Netherlands has authorized Aruba to release Hugo Carvajal, saying he does have diplomatic immunity. Looks like the DEA has lost this round. Definitely the right decision in my view.

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Venezuela does not allow the extradition of its citizens to the U.S. That doesn't stop the DEA. The latest conquests in its global war on drugs: Benny Palmeri-Bacchia, a Venezuelan attorney who served as a judge and prosecutor, and Hugo Carvajal Barrios, aka "Pollo" (chicken), the former head of Venezuela's Military Intelligence. Palmeri-Bacchi was arrested en route to Disneyland with his family for a vacation, and Carvajal was arrested in Aruba (as the result of a year long DEA plan to arrest him outside of Venezuela, more on this below.) [More...]

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DOJ' s Child Migrant Solution: Throw Money at the Wind

50,000 children have fled their home countries and arrived in the U.S. since last fall. The number is expected to reach 90,000 by the end of the year. They are desperately in need of humanitarian aid. They should be treated as refugees from the violence in their home countries, not immigration violators. The U.S. should be providing them with asylum, not subjecting them to deportation.

What is DOJ's solution? Yesterday it announced a new policy. [More...]

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Recreational Pot Sales Begin In Washington State

Washington state opened its doors to recreational marijuana sales yesterday. There were long lines and very happy customers. James Lathrop, the owner of Cannibis City, came out at 9:00 a.m. with a big pair of scissors to cut the tape and said:

It's time to free the weed.

Among those who waited in line for hours:[More...]

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2013 Wiretap Report Released


On July 2, the Administrative Office of U.S. Courts released its annual statistical report on federal and state wiretaps for 2013. The report is here.

In a nutshell:

  • The number of federal and state wiretaps authorized in 2013 reached a ten year high -- there were 3,576.
  • Only 1 wiretap application was rejected, and that was by a state court. (Number of requests: 3577)
  • 87% of all wiretaps were for drug offenses.
  • Average cost of a federal wiretap: $43,361.

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Sentencing Commission Holds Hearing on Retroactivity of New Drug Guidelines

The U.S. Sentencing Commission today held a hearing on whether to make the two point reduction in drug sentencing guidelines that becomes effective November 1, 2014 retroactive so that it applies to those already sentenced. The hearing agenda with witness statements is here.

The Justice Department, unfortunately, is asking the Commission for limited retroactivity. From its prepared testimony:[More...]

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