Tag: police state

Feds admit breaking law with delay in case against alleged Jan. 6 rioter

Federal prosecutors admitted Monday to losing track of one jailed defendant in the storming of the Capitol and conceded that the indictment against him should be dismissed, but they urged a judge to permit the charges to be refiled because of the seriousness of his alleged attack on police during the Jan. 6 riot.

In a highly unusual court filing, lawyers from the U.S. Attorney’s Office said the handling of the case against Texas resident Lucas Denney violated his rights under the Speedy Trial Act. Prosecutors said errors and oversights led to Denney sitting in a Virginia jail for weeks last month as he awaited his first court appearance in Washington, D.C.

“There was nothing intentional or nefarious about the delay. It was an isolated incident, unlikely to happen again, and the time frame —while undoubtedly regrettable — is nevertheless not significantly egregious to warrant dismissal with prejudice,” Assistant U.S. Attorney Jennifer Rozzoni wrote.

But during a chaotic afternoon hearing held by videoconference before U.S. District Judge Randy Moss, defense attorneys for Denney dropped their earlier bid to dismiss the case and instead sought to have him plead guilty before prosecutors could add more charges to a single-count indictment a grand jury returned last week.

The move seemed to take prosecutors and the judge by surprise, since defendants almost never plead guiltyat a federal court arraignment on a grand jury indictment.

“This, obviously, is nothing I was prepared to decide today,” said Moss, an appointee of Barack Obama.

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Audit reveals FBI rule-breaking in probes involving politicians, religious groups, media

FBI agents violated agency rules at least 747 times in 18 months while conducting investigations involving politicians, candidates, religious groups, news media and others, according to a 2019 FBI audit obtained by The Washington Times. 

The internal review revealed a ratio of slightly more than two “compliance errors” per sensitive investigative matter reviewed by FBI auditors. These errors included agents’ failure to obtain approval from senior FBI officials to start an investigation, failure to document a necessary legal review before opening an investigation and failure to tell prosecutors what they were doing.

Cato Institute senior fellow Patrick Eddington uncovered the audit in litigation his organization brought against the FBI for access to government records. He said the audit reveals how far “off-the-chain” FBI field offices have strayed.

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DHS increases efforts to identify “misinformation” and “conspiracy theories” on social media

Last Spring, Secretary of Homeland Security Alejandro Mayorkas ordered an internal review to identify how to best detect, prevent, and respond to threats related to domestic violent extremism within the department.

A component of this was based on online activity. “DVE [domestic violent extremist] attackers often radicalize independently by consuming violent extremist material online and mobilize without direction from a violent extremist organization, making detection and disruption difficult,” the unclassified initial report stated.

The report (obtained here) said that extremists, “exploit a variety of popular social media platforms, smaller websites with targeted audiences, and encrypted chat applications to recruit new adherents, plan and rally support for in-person actions, and disseminate materials that contribute to radicalization and mobilization to violence.”

One of the recommendations is to increase “efforts to better identify and evaluate mis- dis- and mal-information (MDM) with a homeland security nexus, including false or misleading conspiracy theories spread on social media and other online platforms that endorse violence.”

While not directly stated, it was inferred that the DHS was in some way monitoring online activity. Obviously, some privacy and free speech concerns were raised.

And now, this month, the DHS has released a report with the findings of the review.

We obtained a copy of the report for you here.

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Cops in America Have So Much Militarized Gear, They are Sending It to Ukraine

There is no question that police in the land of the free have become the Standing Army that the founders warned us about. Armed to the teeth with tactical gear fit for the battlefield in Afghanistan, American cops are prepared for war domestically. In fact, they are over prepared, and they have so much military gear that they are now sending their surplus to be used in Ukraine to battle the Russians.

“Many of our Department of Defense (DOD) and State Department contacts have asked the law enforcement community for equipment to help the Ukrainian people push back against this violence and protect their citizens,” Sarasota County Sheriff Kurt Hoffman said on Twitter — noting that his department is sending hundreds of ballistics helmets to Ukraine.

Hoffman is one of many sheriffs and law enforcement personnel sending their equipment to Ukraine to be used in war against Russia.

As VICE News reports, the Colorado Department of Public Safety said it was donating more than 80 sets of body armor and 750 helmets, and that it was accepting donations from other law enforcement agencies in the state.

“This is equipment that we are no longer able to use because it is beyond life cycle, or in some cases it may have been replaced or upgraded by some equipment that maybe better fits our needs or is safer,” Colorado DPS spokesperson Patricia Billinger told local station KARE9.

In true American political fashion, however, this move is not free from corrupt practices.

Though much of this equipment is at the end of its life cycle Hoffman said that the Pentagon is attempting to “supply more than 50,000 helmets and law enforcement supplies in the coming weeks” from a weapons manufacturer in his town — a claim the Pentagon denies.

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The Foilies 2022

Each year during Sunshine Week (March 13-19), The Foilies serve up tongue-in-cheek “awards” for government agencies and assorted institutions that stand in the way of access to information. The Electronic Frontier Foundation and MuckRock combine forces to collect horror stories about Freedom of Information Act (FOIA) and state-level public records requests from journalists and transparency advocates across the United States and beyond. Our goal is to identify the most surreal document redactions, the most aggravating copy fees, the most outrageous retaliation attempts, and all the other ridicule-worthy attacks on the public’s right to know.

And every year since 2015, as we’re about to crown these dubious winners, something new comes to light that makes us consider stopping the presses.

As we were writing up this year’s faux awards, news broke that officials from the National Archives and Records Administration had to lug away boxes upon boxes of Trump administration records from Mar-a-Lago, President Trump’s private resort. At best, it was an inappropriate move; at worst, a potential violation of laws governing the retention of presidential records and the handling of classified materials. And while Politico had reported that when Trump was still in the White House, he liked to tear up documents, we also just learned from journalist Maggie Haberman’s new book that staff claimed to find toilets clogged up with paper scraps, which were potentially torn-up government records. Trump has dismissed the allegations, of course. 

This was all too deliciously ironic considering how much Trump had raged about his opponent (and 2016 Foilies winner) Hillary Clinton’s practice of storing State Department communications on a private server. Is storing potentially classified correspondence on a personal email system any worse than hoarding top secret documents at a golf club? Is “acid washing” records, as Trump accused Clinton, any less farcical than flushing them down the john? 

Ultimately, we decided not to give Trump his seventh Foilie. Technically, he isn’t eligible: his presidential records won’t be subject to FOIA until he’s been out of office for five years (releasing classified records could take years, or decades, if ever).

Instead, we’re sticking with our original 16 winners, from federal agencies to small-town police departments to a couple of corporations, who are all shameworthy in their own rights and, at least metaphorically, have no problem tossing government transparency in the crapper.

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A 93-Year-Old Woman Couldn’t Pay Her $2,300 Tax Bill. The Government Sold Her Home and Kept the Money.

Whether or not Geraldine Tyler will live to see the resolution of her case remains unclear.

The 93-year-old left her Minneapolis condominium in 2010 after a nearby shooting and a disturbing encounter left her uneasy. But she was unable to finance both her new apartment and the property tax on her erstwhile condo, accruing $2,300 in debt.

Over the course of the next five years, the government raised that debt by over 550 percent, tacking on almost $13,000 in additional penalties, fines, and interest. And when Tyler couldn’t pay that, it seized her property, sold it for $40,000—and kept the profit.

Last month, a federal appeals court ruled that was OK.

“Tyler does not argue that the county lacked lawful authority to foreclose on her condominium to satisfy her delinquent tax debt,” wrote Judge Steven Colloton of the U.S. Court of Appeals for the 8th Circuit. “Rather, Tyler argues that the county’s retention of the surplus equity—the amount that exceeded her $15,000 tax debt—is an unconstitutional taking.”

Put more plainly, Tyler is not contesting that she failed to pay her property taxes, nor is she trying to evade responsibility for doing so. Her suit doesn’t seek the full $40,000 value of the condo but rather the excess proceeds that the government made from the sale of her property.

The court’s conclusion: She has no right to that cash.

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