Tag Archives: attorney

Thursday Morning News Roundup

Mother Jones

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Here’s the news roundup for this morning:

BoJo has taken himself out of the race to be Britain’s next prime minister. I guess he didn’t feel like trying to clean up the mess he made by winning the Brexit vote.
Donald Trump apparently had a special console in his bedroom at Mar-a-Lago so he could listen in on staff phone calls.
Bill Clinton met privately with Attorney General Loretta Lynch in Phoenix. It was just a social call, they said, but everyone agrees the optics are pretty terrible.

And that’s just the past few hours….

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Thursday Morning News Roundup

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The Trump Files: He Once Forced a Small Business to Pay Him Royalties for Using the Word "Trump"

Mother Jones

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Donald Trump is notoriously protective of his brand, so when he learned in 1988 that a small Georgia-based company was selling business cards dubbed “Trump Cards,” he played a card of his own: he launched a legal war against the firm, Positive Concepts, Ltd., in a bid to get the US Patent and Trademark Office to cancel its trademark registration.

Trump’s lawyers claimed PCL deliberately chose the moniker in order “to benefit…from the worldwide fame, distinction and glamour of Donald J. Trump and his ‘TRUMP’ name.”

PCL’s lawyer, Kevin L. Ward, said at the time that the tycoon was trying to create a “trump” monopoly: “Donald Trump simply wants to own the word ‘trump,’ and anybody who wants anything to do with it will have to face Donald Trump. We can’t give up a word in the English language just because somebody has the power and money to do so.”

The battle between the business card-maker and the real estate mogul eventually concluded in true Trumpian fashion—with a deal. In exchange for royalties and the rights to the trademark, Trump dropped his objection, licensed PCL to make the cards, and officially endorsed them, according to reports by the Associated Press.

Ward, the attorney who represented PCL, told Mother Jones that both sides were happy with the result of the settlement. He nevertheless pointed out that, according to the Oxford English Dictionary, the word “trump”—referring to a playing card of a suit that outranks the others in the deck—dates back to the 16th century, long before Donald Trump could stake his claim on it.

The former President of PCL, Edward Zito, did not respond to requests for comment.

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The Trump Files: He Once Forced a Small Business to Pay Him Royalties for Using the Word "Trump"

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Obama Has Granted More Commutations Than the Past 6 Presidents Combined

Mother Jones

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President Barack Obama commuted the sentences of 61 drug offenders on Wednesday, as part of his push to ramp up clemencies and reform sentencing laws. That brings his total commutations to 248 since taking office, more than the past six presidents combined.

More than a third of the 61 inmates were serving life sentences on charges related to possession and distribution of drugs including cocaine, methamphetamines, and marijuana. Unlike recent rounds of commutations, however, none of them were serving life sentences for marijuana-only crimes. As Mother Jones has reported in the past, scores of so-called pot lifers remain behind bars.

“Sadly none of my guys are on this list,” says Cheri Sicard, founder of the Marijuana Lifer Project, a nonprofit advocacy group that aims to reverse the life sentences of people charged with marijuana crimes. “That will be a huge disappointment to all of them, especially 81-year-old Antonio Bascaro,” she says, referring to the longest-serving marijuana prisoner in the United States. “He does not have much time left.”

Neil Eggleston, the White House counsel, wrote in a blog post that Obama will continue his relatively aggressive pace of commutations during the remainder of his presidency. But his administration is still far from the goal it announced as part of a clemency initiative in 2011, when former Attorney General Eric Holder said that some 10,000 prisoners “were potentially going to be released.”

More than 10,000 inmates have since applied for relief, but there’s mounting evidence that the Justice Department’s Office of the Pardon Attorney (OPA)—which is responsible for vetting and recommending clemency petitions to the White House—has been hampered by a bureaucratic culture and broken process in which the cases of qualifying applicants often go unheard or are regularly rejected against the OPA’s recommendations.

In January, former Pardon Attorney Deborah Leff resigned from her post after less than two years on the job. Her resignation letter, obtained by USA Today under a Freedom of Information Act request, offers a rare glimpse into a department that is shrouded in secrecy. “Given that the Department has not fulfilled its commitment to provide the resources necessary for my office to make timely and thoughtful recommendations on clemency to the President, given your statement that the needed staff will not be forthcoming, and given that I have been instructed to set aside thousands of petitions for pardon and traditional commutation, I cannot fulfill my responsibilities as Pardon Attorney,” Leff wrote to Deputy Attorney General Sally Quillian Yates, who is responsible for forwarding the OPA’s recommendations to the White House.

Leff criticized Yates for overruling her recommendations and said the president was often not informed of the differences in opinion. I believe that prior to making the serious and complex decisions underlying clemency, it is important for the President to have a full set of views,” she wrote.

Leff’s letter placed the blame for much dysfunction on the OPA’s supervisors. But in the past, Samuel Morison, a former OPA staff attorney turned whistleblower, has accused the OPA itself of routinely denying petitions “without any real consideration.” Morison noted that once cases do reach the White House, the president often takes the OPA’s advice. “The number of times the president doesn’t do what the pardon attorney suggests is extremely low,” he told me last August.

Under Leff’s leadership, Obama’s clemency numbers slowly rose. Her predecessor, Ronald L. Rodgers, a former military judge and a major prosecutor of drug crimes, was removed from office in April 2014 after failing to accurately share key information with the president in a high-profile clemency case, and during his tenure Obama granted fewer clemencies than any other modern president.

America’s federal prisons hold nearly 200,000 people; some 95,000 of them are incarcerated on nonviolent drug charges. Sicard of the Marijuana Lifer Project believes the marijuana lifers offer low-hanging fruit for an administration that has vowed to reverse “unduly harsh sentences” for drug crimes. Of Wednesday’s commutations, Amy Povah, president of the CAN-DO Foundation, which advocates on behalf of individuals charged with nonviolent drug crimes, says that while she is “thrilled that President Obama has chosen to end the suffering of these deserving applicants,” she remains concerned about others whose long-standing petitions for clemency have not yet been granted. These include Michael Pelletier, who has been in a wheelchair since he was 11 years old and is serving a life sentence for marijuana charges. The way Povah sees it, “we have a long way to go before Obama leaves office.”

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Obama Has Granted More Commutations Than the Past 6 Presidents Combined

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The Justice Department Just Sued Ferguson for "Routine Violation" of Residents’ Civil Rights

Mother Jones

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The US Justice Department has sued the city of Ferguson, Missouri, following months of “painstaking negotiations” with local officials and more than a year of investigating their alleged discriminatory and unconstitutional practices.

The Justice Department launched its investigation into the Ferguson Police Department after 18-year-old Michael Brown was shot and killed by a Ferguson police officer in August 2014, sparking months of protest across the country and public outcry over the use of deadly and excessive force by the police.

On Wednesday, Attorney General Loretta Lynch announced that the Justice Department was filing a lawsuit against Ferguson one day after the city council rejected a proposed settlement that sought to “remedy literally years of systematic deficiencies.” The Justice Department spent more than six months negotiating a settlement with local officials after it identified widespread civil rights violations and racial discrimination in the Ferguson Police Department’s stops, searches, and arrests. It also alleges that local court proceedings violated the due process of residents. The city council’s rejection of the agreement, Lynch said, “leaves us no further choice.”

Here is the full text of the lawsuit:

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Ferguson-DOJ-Lawsuit (PDF)

Ferguson-DOJ-Lawsuit (Text)

Here’s the full text of Lynch’s remarks:

Good afternoon and thank you all for being here. I am joined by Vanita Gupta, head of the Civil Rights Division.

Nearly a year ago, the Department of Justice released our findings in an investigation of the Police Department of Ferguson, Missouri. Our investigation uncovered a community in distress, in which residents felt under assault by their own police force. The Ferguson Police Department’s violations were expansive and deliberate. They violated the Fourth Amendment by stopping people without reasonable suspicion, arresting them without cause and using unreasonable force. They made enforcement decisions based on the way individuals expressed themselves and unnecessarily escalated non-threatening situations. These violations were not only egregious – they were routine. They were encouraged by the city in the interest of raising revenue. They were driven, at least in part, by racial bias and occurred disproportionately against African-American residents. And they were profoundly and fundamentally unconstitutional. These findings were based upon information received from Ferguson’s own citizens, from Ferguson’s own records and from Ferguson’s own officials. And they demonstrated a clear pattern or practice of violations of the Constitution and federal law.

After announcing our findings one year ago, we began negotiations with the city of Ferguson on a court-enforceable consent decree that would bring about necessary police and court reform. From the outset, we made clear that our goal was to reach an agreement to avoid litigation. But we also made clear that if there was no agreement, we would be forced to go to court to protect the rights of Ferguson residents. Painstaking negotiations lasted more than 26 weeks as we sought to remedy literally years of systematic deficiencies. A few weeks ago, the Department of Justice and Ferguson’s own negotiators came to an agreement that was both fair and cost-effective – and that would provide all the residents of Ferguson the constitutional and effective policing and court practices guaranteed to all Americans. As agreed, it was presented to the Ferguson City Council for approval or rejection. And last night, the city council rejected the consent decree approved by their own negotiators. Their decision leaves us no further choice.

Today, the Department of Justice is filing a lawsuit in U.S. District Court against the city of Ferguson, Missouri, alleging a pattern or practice of law enforcement conduct that violates the First, Fourth and 14th Amendments of the Constitution and federal civil rights laws. We intend to aggressively prosecute this case and I have no doubt that we will prevail.

The residents of Ferguson have waited nearly a year for their city to adopt an agreement that would protect their rights and keep them safe. They have waited nearly a year for their police department to accept rules that would ensure their constitutional rights and that thousands of other police departments follow every day. They have waited nearly a year for their municipal courts to commit to basic, reasonable rules and standards. But as our report made clear, the residents of Ferguson have suffered the deprivation of their constitutional rights – the rights guaranteed to all Americans – for decades. They have waited decades for justice. They should not be forced to wait any longer.

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The Justice Department Just Sued Ferguson for "Routine Violation" of Residents’ Civil Rights

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The Feds Are Now Investigating Chipotle Over That Nasty Norovirus Outbreak

Mother Jones

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Its plummeting stock price wasn’t the only dismal year-end news for Chipotle in 2015.

The once hugely popular burrito chain revealed on Wednesday that the company was also served with a grand jury subpoena last month to investigate the nasty norovirus outbreak that started at a Simi Valley, California, restaurant in August.

That outbreak caused about 100 people to suffer gastrointestinal distresswith everything from diarrhea to vomiting.

According to a company memo released on Wednesday, Chipotle said the US Attorney’s Office for the Central District of California, along with the Federal Drug Administration’s criminal investigation’s office, has requested the company “produce a broad range of documents” related to the California incident. Chipotle said it intended to fully cooperate in the probe.

News of the subpoena comes on the heels of multiple similar outbreaks all linked to restaurants in the chain around the country, including an E. coli outbreak that affected more than 50 people in the Midwest and another norovirus outbreak that sickened 80 people in Boston.

In the same company memo, Chipotle said the company’s stocks were down a staggering 30 percent in December.

“Future sales trends may be significantly influenced by further developments,” the company added.

For more on burrito safety and how to avoid potential outbreaks, check out our helpful charts here.

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The Feds Are Now Investigating Chipotle Over That Nasty Norovirus Outbreak

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Texas Sues to Block Syrian Refugees

Mother Jones

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A lawsuit filed by the state of Texas on Wednesday has prompted yet another legal and logistical stalemate over attempts to resettle Syrian refugees in the United States.

The Texas Health and Human Services Commission sued the federal government and the International Rescue Committee, a human rights group that helps resettle refugees in the United States, over the IRC’s plans to relocate a family of six Syrians to Dallas on Friday. Texas has taken in 243 Syrian refugees since the start of 2011—more than any other state but California—but Texas Gov. Greg Abbott, a Republican, was one of 31 governors who said taking in Syrians would pose a safety risk following the terrorist attacks in Paris.

“The point of this lawsuit is not about specific refugees,” said Texas Attorney General Ken Paxton in a statement. “It is about protecting Texans by ensuring that the federal government fulfills its obligation to properly vet the refugees and cooperate and consult with the state.”

Other states, most notably Indiana, have threatened to pull funding from refugee resettlement groups that place Syrians in their states. But the Texas lawsuit is the first legal action taken by any state attempting to bar Syrians. The state’s court filing quotes the Refugee Act of 1980, which says that “in providing refugee assistance…local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments.” Paxton claimed on Wednesday that resettlement groups and the federal government had not conducted such consultations, and the Health and Human Services Commission has suggested that the government of Texas has a right to reject any refugees it does not approve.

Resettlement groups say Texas’ arguments are false. The IRC did not respond to requests for comment, but other resettlement organizations have told Mother Jones that routine consultations with state governments do take place. “We are contractually mandated to do community consultations in every location where we do resettlement before our numbers get approved for any given year,” says Erol Kekic, the director of the Immigration and Refugee Program at Church World Service, a national resettlement agency. “That includes talking to elected officials, that includes talking to law enforcement, school systems, health systems, etc.”

The groups also contend that states still cannot unilaterally demand that resettlements stop. “The Refugee Act of 1980 does not give the state any kind of veto power,” says Lavinia Limón, president and CEO of the US Committee for Refugees and Immigrants. “They don’t have any authority. It’s a consultative process.”

What will happen with the six refugees on Friday is unclear. The Dallas Morning News reported that the family due to arrive on Friday is related to refugees who arrived in the area in February, and resettlement groups have previously told Mother Jones that they would not change resettlement plans for refugees who have existing family connections in a specific area. But neither the IRC nor Texas Refugee Services, a local resettlement group, responded to requests for comment, and Bryan Black of the Texas HHSC said his agency does not know if the family will arrive in Texas.

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Texas Sues to Block Syrian Refugees

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New York Daily News Compares the NRA to Jihadists

Mother Jones

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In three words, the front page of Wednesday’s New York Daily News launched one of the boldest attacks on the National Rifle Association in recent memory.

The tabloid’s cover denounced “NRA’s Sick Jihad,” in characteristically huge typeface. The story inside accused the gun rights group of tacitly abetting the arming of terrorists by blocking a proposed bill that would make it more difficult for terror suspects to buy guns in the United States. The Denying Firearms and Explosives to Dangerous Terrorists Act of 2015, formally known as H.R. 1076, was introduced in February, and includes a ban on the “sale or distribution of firearms or explosives to any individual whom the Attorney General has determined to be engaged in terrorist activities.”

The earliest version of the legislation was originally introduced under President George W. Bush in 2007, but it has yet to be signed into law. According to the Daily News, more than 2,000 suspects on the FBI’s Terrorist Watchlist have been able to purchase weapons in the United States in the last 11 years.

The story begins, “The NRA—and their gun-loving Republican cohorts—are refusing once more to stop terrorists intent on getting armed in the U.S.A.”

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New York Daily News Compares the NRA to Jihadists

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A DEA Agent Who Helped Take Down Silk Road Is Going to Prison for Unbelievable Corruption

Mother Jones

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A corrupt former drug enforcement agent who played a central role in taking down the popular online drug bazaar Silk Road will serve six and a half years in prison for corruption, a federal judge ruled Monday.

Carl Mark Force IV pleaded guilty to extortion, money laundering, and obstruction of justice this past summer, after working for two years as an undercover agent for an interagency team tasked with identifying the owner of Silk Road. Force, who spent 15 years with the Drug Enforcement Administration, used his position in the investigation to swindle his way to a payout of more $700,000 in Bitcoin and a Hollywood contract. (Another member of the investigative team, ex-Secret Service Agent Shaun Bridges, also pleaded guilty over the summer to pocketing $820,000 from the accounts of Silk Road users.) Force has also been ordered to pay $340,000 in restitution.

In case you haven’t been following the Silk Road case, here’s a primer:

What exactly was Silk Road, again? Silk Road was a darknet marketplace that connected buyers and sellers dealing in a vast array of narcotics, false documents, weapons, and other contraband. “The idea was to create a website where people could buy anything anonymously, with no trail whatsoever that could lead back to them,” creator Ross Ulbricht wrote in his journal. Users paid in Bitcoin—around $1.2 billion worth—and could only access the site using an anonymous internet browser called Tor. Ulbricht ran Silk Road using the moniker “Dread Pirate Roberts” from January 2011 until 2013, when he was caught red-handed at his laptop by a law enforcement sting in a San Francisco coffee shop.

Depending on whom you ask, the site was either a radical experiment in libertarian principles or “the most sophisticated and extensive criminal market on the Internet,” as the criminal complaint against Force put it.

Ulbricht, who earned a commission on each transaction, was found guilty of drug trafficking, money laundering, and hacking, and he was sentenced to life in prison during the summer. At the sentencing hearing, the federal judge didn’t hide her intention to make an example of Ulbricht: “What you did was unprecedented, and in breaking that ground as the first person you sit here as the defendant now today having to pay the consequences for that.” Ulbricht’s family, defense counsel, and supporters have mounted a public campaign to protest what they call a “draconian sentence.”

Okay, but what does Carl Force have to do with all that? As the lead undercover cop for a Baltimore-based team of federal investigators, Force was in charge of communicating with Ulbricht. To that end, he created and used a fake persona, “Nob”—ostensibly a US drug smuggler—to make contact and gain Ulbricht’s trust. In his communication with Nob, Ulbricht commissioned the murder of an employee, Curtis Green, whom he suspected of stealing Bitcoin from Silk Road accounts. (That money turned out to have been stolen by Bridges.) Force and the rest of the Baltimore team then staged the murder of Green. The incident was the first of six hits that Ulbricht has been accused of arranging, though those charges were not pursued in the final prosecution.

At what point did Force start breaking the law? In addition to Nob, Force created unauthorized personas, including “French Maid” and “Death from Above,” which he used to extort more than $200,000 from Ulbricht in exchange for fake identification and inside information on the federal investigation. Because many of the communications were encrypted, it’s impossible to tell whether the intelligence Force sold to Ulbricht was entirely junk, or whether he truly was a mole. What we do know is that once Ulbricht paid, Force has admitted to transferring the funds to a personal account, not a government one.

“Carl Force crossed the line from enforcing the law to breaking it,” Assistant Attorney General Leslie Caldwell said in a statement after Force’s guilty plea, adding that the agent was “seduced by the perceived anonymity of virtual currency and the dark web.”

That sounds like something straight out of The Shield. There’s more: Force, who has invested heavily in Bitcoin since learning of it through the case, became the acting chief compliance officer at the Bitcoin company CoinMKT in 2013. There, he illegally seized more than $300,000 in assets from a user that the company had flagged for suspicious activity and transferred the money to his personal account.

And to top it all off, in March 2014, Force entered into a $240,000 contract with 20th Century Fox Film Studios for a film about the Silk Road investigation—without notifying his superiors.

Could this affect a potential appeal by Ulbricht? Yup. His defense attorney, Joshua Dratel, has indicated that the appeal will challenge the decision to ban any reference to the corruption from the courtroom. “We knew that the case agent who made the first contact with Dread Pirate Roberts was, in fact, entirely corrupt,” Ulbricht’s lawyer said following the sentencing. “We were prevented from using any of that at trial. That is going to be an issue.” Dratel had previously called for a retrial after the corruption charges came to light, but the request was denied—in part because a second, concurrent investigative team based in New York was the one that ultimately busted Ulbricht, not the Baltimore team. The appeal, which has not yet been scheduled, will go before a panel of three judges in the 2nd Circuit Court of Appeals.

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A DEA Agent Who Helped Take Down Silk Road Is Going to Prison for Unbelievable Corruption

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Cops Kill Many More Americans Than the FBI’s Data Shows

Mother Jones

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A new investigation from the Guardian gives a detailed look at the deep flaws in the FBI’s database on fatal police shootings. The inadequacy of the federal data, which is built from information voluntarily reported by police departments, has come into view as the Guardian and the Washington Post have tracked officer-involved killings in 2015. FBI Director James Comey recently called the federal data “embarrassing and ridiculous,” and US Attorney General Loretta Lynch has announced a new program aimed at better tracking civilian deaths at the hands of police.

More MoJo coverage on policing:


Why No One Really Knows a Better Way to Train Cops


Video Shows Arrest of Sandra Bland Prior to Her Death in Texas Jail


How Cleveland Police May Have Botched a 911 Call Just Before Killing Tamir Rice


Native Americans Get Shot By Cops at an Astonishing Rate


Here Are 13 Killings by Police Captured on Video in the Past Year


The Walter Scott Shooting Video Shows Why Police Accounts Are Hard to Trust


Itâ&#128;&#153;s Been 6 Months Since Tamir Rice Died, and the Cop Who Killed Him Still Hasn’t Been Questioned


Exactly How Often Do Police Shoot Unarmed Black Men?


The Cop Who Choked Eric Garner to Death Won’t Pay a Dime


A Mentally Ill Woman’s “Sudden Death” at the Hands of Cleveland Police

The Guardian examined the FBI’s justifiable homicide data for the decade spanning from 2004 to 2014 and found:

In 2014, only 244—or 1.2 percent—of the nation’s estimated 18,000 law enforcement agencies reported a fatal shooting by their officers.
Several high-profile deaths, including those of Eric Garner in New York, and Tamir Rice and John Crawford in Ohio, were not included in the FBI’s count, as the police agencies involved did not submit their data for those years or report those incidents to the FBI. The NYPD, for example, did not submit data for any year during this period except for one, in 2006. Still the FBI’s count did not match up with the NYPD’s own data from that year, which the NYPD publishes in a separate annual report.
The FBI lists 32 ways of classifying the incidents based on the circumstances—but only one denotes killing by a police officer: “felon killed by police.” There is no category for cases where an officer killed someone who was not a felon. (See Mother Jones’ previous reporting on the FBI’s classification of justifiable homicides.)
Some police departments reported unjustified killings by cops as killings between civilians. Other deaths in which officers were charged or convicted, such as that of Oscar Grant, Rekia Boyd, Malissa Williams, and Timothy Russell, did not show up at all in the FBI database.
A rise in the number of police shootings corresponded with a rise in agencies reporting their figures, obscuring any potential trends over the decade reviewed.

The Guardian included a chart showing the lack of reporting annually by states on fatal police shootings. Two of the nation’s most populous states, Florida and New York, barely reported any data at all:

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Cops Kill Many More Americans Than the FBI’s Data Shows

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The Obama Administration Is (Rather Belatedly) Making Homegrown Terrorism a Priority

Mother Jones

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In the wake of this year’s series of devastating mass shootings on American soil, the Department of Justice is boosting its efforts to fight the loosely defined menace of “domestic terrorism” with the appointment this week of a “domestic terrorism counsel.” The new appointee has not yet been named but will coordinate cases, identify trends, and “analyze legal gaps or enhancements required to ensure we can combat these threats,” Assistant Attorney General John Carlin, head of the agency’s National Security Division, said Wednesday.

“We recognize that, over the past few years, more people have died in this country in attacks by domestic extremists than in attacks associated with international terrorist groups,” Carlin said in a speech at George Washington University.

Mass shootings have struck a number of communities across the United States this year, from this summer’s massacre at a black church in Charleston, South Carolina, to the killings at Umpqua Community College in Oregon earlier this month.

The shooting in Charleston set off debates in the media and across society on how the perpetrators of ideologically motivated attacks are to be viewed. Are they disenfranchised, potentially mentally ill young Americans? Or are they “domestic terrorists”? And if the latter, what qualifies as domestic terrorism? FBI Director James Comey drew criticism for saying shortly after the Charleston shooting that the attack did not appear to bear the marks of terrorism, a claim contested by historians and security experts.

Carlin on Wednesday offered an expansive definition of violent extremism and terrorism, terms he used interchangeably, saying, “The threat ranges from individuals motivated by anti-government animus, to eco-radicalism, to racism, as it has for decades.”

Carlin also drew a close parallel between these domestic attacks and the activities of the brutal radical Islamist group ISIS, which has seized broad swathes of territory across Iraq and Syria and is currently under fire from US air strikes.

Both ISIS and domestic extremists have made intensive use of social media to promulgate their messages and attract followers, and both have lately seen a rise in attacks by “lone offenders,” he said.

While there is no definitive evidence proving the role of social media use in the rising tide of mass shootings, a recent Mother Jones investigation found that many law enforcement and forensic psychology experts do believe there is a connection.

In order to combat the menace of homegrown terrorism, Carlin called for the use of all means at investigators’ disposal—including, controversially, the cooperation of internet service providers.

“Service providers must take responsibility for how their services can be abused,” he said. “Responsible providers understand what the threats are and take action to prevent terrorist groups from abusing their services to induce recruits to commit terrorist acts.”

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The Obama Administration Is (Rather Belatedly) Making Homegrown Terrorism a Priority

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