Feds used secret form to strip citizen of 2A rights as part of plea deal

Gabe Kaminsky of the Washington Examiner has been doing a great job of covering the scandalous use of a secret form used by the FBI and Secret Service that compelled individuals to “voluntarily” give up their right to keep and bear arms during the Obama and Trump administration. Thanks to Gun Owners of America’s invaluable work in uncovering these documents through a Freedom of Information Act lawsuit, we know that the form was used on at least 60 individuals, and now Kaminsky reports that in at least one case the form appeared to have been used as plea bargain bait.

The U.S. government conditioned a plea agreement with a defendant stipulating they sign a secret form, which was not authorized through Congress and has been slammed as “unconstitutional” by Republican lawmakers, that stripped their rights to buy, own, or use firearms, documents show.

Between 2011 and 2019, the FBI, Secret Service, and U.S. Immigration and Customs Enforcement coordinated to obtain signatures on an internal form from at least 60 U.S. citizens that stripped their gun rights, according to newly obtained records and multiple Washington Examiner reports. In at least one instance, the bureau and Secret Service worked behind closed doors with what appears to be a government prosecutor who conditioned signing of the form as part of a legal case, the Washington Examiner has learned.

“Dear Agent [redacted],” reads a June 10, 2019, letter written by a lawyer to a Secret Service agent in West Palm Beach, Florida. “You will find enclosed the NICS firearm form which has been signed by my client and his doctor. This is being provided in compliance with [redacted] plea agreement. Yours sincerely.”

It’s unclear what the 2019 defendant was being charged with or why the FBI and Secret Service had involvement. The FBI redacted the case number on the document, which was obtained by the firearms rights group Gun Owners of America through the Freedom of Information Act and shared with the Washington Examiner.

There are still some very basic questions about the form’s existence that have not been answered by the FBI or the Secret Service, including what agency developed the form and why it was put into use without any Congressional notification. Well, actually I think we know the answer to that last question. Given that there is no provision in federal law allowing someone to voluntarily give up their Second Amendment rights and prohibit themselves from passing a NICS check, there’s good reason why these agencies wanted to keep congressional watchdogs and the general public about the existence of these forms.

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‘Disturbing’: FBI’s Alleged Altering of Evidence in Jan. 6 Proud Boys Case, Trial Paused: Defense Lawyer

The trial of Dominic Pezzola, one of the defendants of the Jan. 6, 2021, Capitol breach, was paused on Thursday due to classified FBI messages revealed in court, which the defense attorneys say show FBI agents discussing the altering of evidence.

Pezzola is one of the Proud Boys members on trial for obstruction and conspiracy charges related to the Jan. 6 Capitol breach. He was arrested on Jan. 15, 2021, and indicted the same month. Pezzola’s trial began in January of this year.

“There are a couple of emails between FBI agents casually discussing altering a document and destroying hundreds of pieces of evidence. It’s very disturbing and right now we have more questions than answers,” Roger Roots, an attorney at John Pierce Law, wrote. Roots confirmed that Washington District Court Judge Timothy J. Kelly, a Trump appointee, paused the trial on Thursday due to the leaked messages.

The exchange Roots referred to came into light on Wednesday during the testimony of FBI special agent Nicole Miller, who was involved in the agency’s investigations of the Jan. 6 defendants.

When cross-examining Miller, Nick Smith, an attorney representing Proud Boys member Ethan Nordean (listed as co-defendant on Pezzola’s case), revealed classified FBI emails that were hidden in a tab in an Excel spreadsheet. Roots, in Pezzola’s case, used this evidence to support a motion to dismiss (pdf) the charges against Pezzola, which Roots’s team filed on Wednesday.

In the motion, Pezzola’s team said the emails showed that the FBI was monitoring communications between Nordean and his lawyer, violating the Sixth Amendment, which prohibits invasions of the right to counsel (Matter of Fusco v. Moses).

“In the Nordean case, confidential attorneys-client trial/defense strategy and position was wrongfully obtained by the government, about which was overheard, shared, utilized, where potentially ‘338 items of evidence’ were ordered to be ‘destroyed,’ said Pezzola’s legal team in the motion to dismiss.

According to a separate filing by Nordean’s lawyers, Miller said in one correspondence that “[her] boss assigned [her] 338 items of evidence [she has] to destroy”; Nordean’s lawyers allege that another email show an agent requesting Miller to “go into [a] CHS [informant] report” that Miller “just put [together] and edit out that [the agent] was present.”

The emails show Miller “admitted fabricating evidence and following orders to destroy hundreds of items of evidence,” Pezzola’s lawyers wrote in its motion to dismiss, and that the government obtained information that benefitted itself in the trial, causing substantial prejudice to each of the defendants, including Pezzola.

“If justice means anything, it requires this case to be dismissed,” Pezzola’s lawyer said.

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Secret COINTELPRO Plot to Infiltrate and Destroy the American Indian Movement: “We Wanted Them to Kill Each Other”—FBI Agent Admits After Five Decades of Silence

February 27 through May 8 marks the 50th anniversary of the occupation by the American Indian Movement (AIM) of Wounded Knee on the Oglala Lakota Pine Ridge reservation in South Dakota, the site of the last great massacre of the Indian Wars in December 1890.

In a 2019 documentary that aired on PBS, From Wounded Knee to Standing Rock: A Reporter’s Journey, filmmaker Kevin McKiernan interviewed Tom Parker, an FBI agent working for the FBI’s counter-intelligence operation (COINTELPRO), who admitted that the FBI had helped to fracture and disrupt AIM during its 1973 Wounded Knee occupation.

“[W]e wanted them to kill each other, as we were in a war against AIM,” Parker said.

According to Parker, a main goal of COINTELPRO was to infiltrate informers into AIM and to publicly identify AIM activists with the FBI so that others in AIM would turn against them.

In this way, Parker said, dissension would grow among AIM, and AIM members would become paranoid about FBI infiltration and turn against one another, and there would be violence.

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FBI probing death on private plane of 9/11 commission lawyer

Former Clinton and Obama administration lawyer Dana Hyde was injured aboard a private plane and died in a Hartford, Connecticut hospital following an emergency landing on Friday, state police told the media on Monday. Hyde’s identity had not previously been made public.

Hyde died of blunt force injuries, according to the state chief medical examiner. Her family has not issued a statement, though her husband, Jonathan Chambers, the couple’s two children, and the aircraft’s two crew members were reportedly not injured during the flight.

The FBI and the National Transportation Safety Board are investigating Hyde’s death, according to the Daily Mail. Specialists have reportedly taken possession of the cockpit voice recorder and flight data recorder from the Bombardier Challenger 300, which belongs to Chambers’ employer, high-speed internet provider Conexon. 

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FBI worked secretly with hospitals to strip US citizens’ gun rights, documents show

The FBI coordinated secretly with hospitals and medical centers to strip U.S. citizens of their rights to own, buy, or even use firearms , according to a trove of internal documents obtained by the Washington Examiner.

Behind closed doors and without congressional approval, the FBI has worked hand in hand with the Secret Service and U.S. Immigration and Customs Enforcement to strip over two dozen people of their gun rights with internal forms, records show. On the heels of this revelation by the Washington Examiner in December 2022, newly obtained documents and emails shed light on how the bureau apparently received a helping hand from medical facilities to waive gun rights from at least five people.

“Any time you have evidence of private entities coordinating with federal agents to strip Americans of their rights, the public should be alarmed and demanding answers and action,” said Aidan Johnston, federal affairs director for Gun Owners of America, a firearms rights group. “This is just the latest terrifying new instance of the illegal NICS self-submission form being used in nefarious ways, and those who used it to violate the public’s trust must be held to account.”

Between 2016 and 2019, the FBI presented forms to U.S. citizens at their homes and in other undisclosed locations that registered them with the bureau’s National Instant Criminal Background Check System, the Washington Examiner previously reported . Newly obtained records, however, date the FBI’s usage of the form back to 2011.

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FBI Agent Accused of Shooting Dog After Altercation With Owner

According to Philadelphia Police, Jacqueline Maguire, who has been head of the Philadelphia FBI Field Office since 2021, shot another women’s dog outside the Touraine luxury apartment building in Philadelphia earlier this month.

Philadelphia Deputy Police Commissioner Frank Vanore said, “When she [Jacqueline Maguire]tried to get her dog back, I think the dog attacked her.” Police say Jacqeline Maguire shot the dog shortly after. However, witnesses to the incident have taken to Instagram and Twitter to tell a different story.

One witness to the incident wrote on Instagram, “I saw the whole thing. I saw the lady pulled out the gun yelling at the owner, ‘I just shot your dog because your dog was trying to kill my dog’ I was walking my dog right across the street I did not hear any dog fighting or growing.”

Federal Whistleblower Kyle Seraphin wrote on Twitter, “Had an @fbi employee from the @FBIPhiladelphia office share this from Instagram. There is no love for this executive manager Special Agent in Charge. This excited utterance about the reason for shooting the dog is admissible and indicates a complete violation of DOJ Deadly Force Policy.”

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Pentagon, FBI Collaborated On AI, Facial Recognition Tech For Federal Agencies, Documents Show

The Department of Defense (DOD) and the FBI collaborated on an artificial intelligence-driven facial recognition technology program provided to at least six federal agencies and a Pentagon agency that supports civilian police forces, The Washington Post reported.

The facial recognition software could be used to identify individuals whose features were captured by drones and CCTV cameras, the Post reported, citing documents obtained through a Freedom of Information Act request as part of an ongoing lawsuit by the American Civil Liberties Union (ACLU) filed against the FBI. The documents reveal federal authorities were more deeply involved in development of the technology than was previously known, sparking concerns over Americans’ privacy rights.

“Americans’ ability to navigate our communities without constant tracking and surveillance is being chipped away at an alarming pace,” Democratic Sen. Ed Markey of Massachusetts told the Post. “We cannot stand by as the tentacles of the surveillance state dig deeper into our private lives, treating every one of us like suspects in an unbridled investigation that undermines our rights and freedom.”

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How Social Networks Became a “Subsidiary” of the FBI and CIA

The US Congress last tried to grapple with what the country’s ballooning security services were up to nearly half a century ago.

In 1975, the Church Committee managed to take a fleeting, if far from complete, snapshot of the netherworld in which agencies such as the Central Intelligence Agency (CIA), Federal Bureau of Investigations (FBI) and National Security Agency (NSA) operate.

In the aftermath of the Watergate scandal, the congressional committee and other related investigations found that the country’s intelligence services had sweeping surveillance powers and were involved in a raft of illegal or unconstitutional acts.

They were covertly subverting and assassinating foreign leaders. They had co-opted hundreds of journalists and many media outlets around the world to promote false narratives. They spied on and infiltrated political and civil rights groups. And they manipulated the public discourse to protect and expand their powers.

Senator Frank Church himself warned that the might of the intelligence community could at any moment “be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything… There would be no place to hide.”

Since then, the technological possibilities to invade privacy have dramatically increased, and the reach of the intelligence agencies, especially after 9/11, has moved on in ways Church could never have foreseen.

This is why establishing a new Church Committee is long overdue. And finally, in the most controversial of circumstances and for the most partisan of reasons, some sort of revival may finally be about to happen.

A protracted battle last month within the Republican Party to elect Kevin McCarthy as the new speaker of the House of Representatives forced him to cave to the demands of his party’s right wing. Not least, he agreed to set up a committee on what is being called the “weaponization” of the federal government.

It held its first meeting last week. The panel said its task would be to look at “the politicization of the FBI and DOJ and attacks on American civil liberties”.

Earlier, in a speech to the House on the new committee, Republican Representative Dan Bishop said it was time to cut out the “rot” in the federal government: “We’re putting the deep state on notice. We’re coming for you.”

Democrats are already decrying the committee as a tool that will be wielded in the interests of Donald Trump and his supporters, saying the Republican right wants to discredit the security services and suggest malfeasance in the treatment of the former president.

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Is Religious Freedom And Freedom Of Speech And Worship Dead In Biden’s America?

On February 10, 2023, Jason S. Miyares, Attorney General of Virginia, along with 19 other Attorneys General, issued their own response. 

The attorneys general seven-page letter was addressed to Attorney General Merrick Garland and FBI Director Christopher Wray. 

“This country was founded on the right of all people to worship in the church, mosque, or synagogue of their choice, free from government. Countless millions were drawn to our country because of that very right. Indeed, some of our first States were founded as safe havens for religious dissenters. There is no right more sacred to American democracy than the right to worship freely,” reads the letter. 

In further response, Bishop Knestouts of the Richmond, Virginia  Catholic diocese issued a statement on Feb. 13, 2023. 

“I was alarmed to read the reports written late last week about the contents of the internal memo created by the Richmond Field Office of the Federal Bureau of Investigation. I was also surprised to learn of the mention of the Priestly Fraternity of Saint Peter (FSSP), a religious order, which celebrates the traditional form of the Catholic Mass. FSSP has served with devotion for many years the parishes within our Catholic community and to the faithful of our diocese who appreciate this form of the Catholic Mass in our diocese,” wrote Bishop Knestouts. 

“The leaked document should be troubling and offensive to all communities of faith, as well as all Americans. I am grateful for the Virginia Attorney General and 19 attorneys general who have called upon the government to publicly release all materials related to the production of this memo. If evidence of extremism exists, it should be rooted out, but not at the expense of religious freedom. A preference for traditional forms of worship and holding closely to the Church’s teachings on marriage, family, human sexuality, and the dignity of the human person does not equate with extremism, the Bishop added. 

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FBI Gone Wild: Internal memos chronicle years of drunk driving, lost weapons and other misconduct

Scores of FBI employees have been caught over the last five years engaging in unethical and illegal conduct such as driving drunk, stealing property, assaulting a child, mishandling classified documents, and losing their service weapons — but they often escaped being fired, according to internal disciplinary files provided to Just The News. 

One agent left a highly lethal M4 carbine unsecured in his government car during a Starbucks run and had the weapon stolen, but even he received only a two-week suspension despite violating the bureau’s protocols for weapons storage, the records show.

“Although there was a lockbox in the trunk for storage of weapons and sensitive items,” the agent chose to store the rifle bag behind the car’s front passenger seat, one report shows. “While Employee was in the Starbucks, the Bucar was burglarized. The rear passenger, rear driver, and tailgate windows were broken, and the rifle bag containing the M4 was stolen.” 

Sexual misconduct was also rampant in the reports dating to 2017, including inappropriate affairs with felons in prison, confidential sources and subordinate employees. The sexual transgressions, however, often resulted in firings, unlike the drunk driving and lost weapons offenses.

Typically emailed to all Bureau employees each calendar quarter, the FBI Office of Professional Responsibility (OPR) reports provided to Just the News by a whistleblower afford an unprecedented look into the breadth of misconduct among the FBI’s workforce of 35,000, including agents, intel analysts, lab scientists and crime scene technicians.

You can read all of the reports here.

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