Thursday Reads: Civil Rights Struggle, Syria Intervention, NYPD Spying, Boston Bombing, and “League of Denial”Posted: August 29, 2013
I’ve got so much news for you this morning, I don’t know if I’ll have room in a reasonable-length post, so I’ll get right to it. I’ll begin with some stories on yesterday’s 50th anniversary of the March On Washington.
PBS had an amazing interview with Rep John Lewis in which he recounted his memories of that day in 1963 and the speech he gave as a youthful leader in the Civil Rights Movement: ‘I Felt That We Had to Be Tough’: John Lewis Remembers the March on Washington. I hope you’ll read the whole thing, but here’s a brief excerpt:
REP. JOHN LEWIS, D-Ga.: On that day, I was blessed.
I felt like I had been tracked down by some force or some spirit. I will never forget when A. Philip Randolph said, “I now present to you young John Lewis, the national chairman of the Student Nonviolent Coordinating Committee.”
And I went to the podium. I looked to my right. I saw many, many young people, staffers from the Student Nonviolent Coordinating Committee, volunteers. Then I looked to my left. I saw all these young people up in the trees, trying to get a better view of the podium.
Then I looked straight ahead. And I saw so many people with their feet in the water trying to cool off. And then I said to myself, this is it, and I went for it.
On meeting with President Kennedy before the March, and how the podium and the crowd came to be so diverse:
He [JFK] didn’t like the idea of a March on Washington.
When we met with him, A. Philip Randolph spoke up in his baritone voice we met with the president. And he said, “Mr. President, the black masses are restless. And we are going to march on Washington.”
And you could tell by the movement of President Kennedy — he started moving and twisting in his chair. And he said, in effect, that if you bring all these people to Washington, won’t it be violence and chaos and disorder?
Mr. Randolph responded and said, “Mr. President, there’s been orderly, peaceful, nonviolent protests.”
And President Kennedy said, in so many words, I think we are going to have problems. So we left that meeting with President Kennedy. We came out on the lawn at the White House and spoke to the media and said, we had a meaningful and productive meeting with the president of the United States. And we told him we’re going to March on Washington.
And a few days later, July 2, 1963, the six of us met in New York City at the old Roosevelt Hotel. And in that meeting, we made a decision to invite four major white religious and labor leaders to join us in issuing the call for the March on Washington.
NPR had a wonderful story yesterday about the history of the Civil Rights Movement’s signature song: The Inspiring Force Of ‘We Shall Overcome’.
It is not a marching song. It is not necessarily defiant. It is a promise: “We shall overcome someday. Deep in my heart, I do believe.”
It has been a civil rights song for 50 years now, heard not just in the U.S. but in North Korea, in Beirut, in Tiananmen Square, in South Africa’s Soweto Township. But “We Shall Overcome” began as a folk song, a work song. Slaves in the fields would sing, ‘I’ll be all right someday.’ It became known in the churches. A Methodist minister, Charles Albert Tindley, published a version in 1901: “I’ll Overcome Someday.”
The first political use came in 1945 in Charleston, S.C. There was a strike against the American Tobacco Co. The workers wanted a raise; they were making 45 cents an hour. They marched and sang together on the picket line, “We will overcome, and we will win our rights someday.”
There’s much more about how the song was passed from group to group and changed over time. Please give it a listen–it’s only about 8 minutes long, but really fascinating.
Not a single Republican appeared at yesterday’s commemoration of the March on Washington and Martin Luther King’s “I Have A Dream” speech. George W. Bush and his father George H.W. Bush couldn’t come because of health issues, but John Boehner and Eric Cantor are presumably in good health, but they refused offers to make speeches at the event, according to Roll Call.
That wasn’t a wise choice, said Julian Bond, a renowned civil rights activist, in an interview with MSNBC on Wednesday afternoon.
“What’s really telling, I think, is the podium behind me, just count at the end of the day how many Republicans will be there,” Bond told news anchor Alex Wagner. “They asked senior President Bush to come, he was ill. They asked junior Bush, he said he had to stay with his father.
“They asked a long list of Republicans to come,” Bond continued, “and to a man and woman they said ‘no.’ And that they would turn their backs on this event was telling of them, and the fact that they seem to want to get black votes, they’re not gonna get ‘em this way.” [….]
Cantor’s decision to turn down the invitation to speak is especially striking given his stated commitment to passing a rewrite of the Voting Rights Act in the 113th Congress, and the many opportunities he has taken over the past several weeks to publicly reflect on the experience of traveling with Rep. John Lewis, D-Ga., to Selma, Ala.
Sadly, Dr. King’s dream of peace has not made much progress in the past 50 years. And now the U.S. and its allies are considering another military intervention–in Syria.
Fortunately, the UK is now hesitating. NYT: Britain to Wait on Weapons Report Ahead of Syria Strikes.
Prime Minister David Cameron of Britain, who runs a coalition government, is facing political difficulties from legislators mindful of the experience in Iraq, when assurances from Prime Minister Tony Blair and President George W. Bush that Saddam Hussein had weapons of mass destruction proved inaccurate and a false pretext for war.
Mr. Cameron bowed on Wednesday to pressure from the opposition Labour Party and to some within his own coalition who want to allow United Nations weapons inspectors a chance to report their findings and for the United Nations Security Council to make one more effort to give a more solid legal backing to military action against Damascus.
At BBC News, Nick Robinson explains why Cameron “buckled.”
If you think that NSA domestic spying is invasive, you should take a look at what the NYPD has been up to since 9/11. Matt Apuzzo and Adam Goldman of the AP have a new book out called Enemies Within: Inside the NYPD’s Secret Spying Unit and bin Laden’s Final Plot Against America. There’s an excerpt at New York Magazine: The NYPD Division of Un-American Activities. It’s long, but a very important story. Please give it a read if you can.
Yesterday Apuzzo and Goldman published a related shocking story at AP: NYPD designates mosques as terrorism organizations.
The New York Police Department has secretly labeled entire mosques as terrorist organizations, a designation that allows police to use informants to record sermons and spy on imams, often without specific evidence of criminal wrongdoing.
Designating an entire mosque as a terrorism enterprise means that anyone who attends prayer services there is a potential subject of an investigation and fair game for surveillance.
Since the 9/11 attacks, the NYPD has opened at least a dozen “terrorism enterprise investigations” into mosques, according to interviews and confidential police documents. The TEI, as it is known, is a police tool intended to help investigate terrorist cells and the like.
Many TEIs stretch for years, allowing surveillance to continue even though the NYPD has never criminally charged a mosque or Islamic organization with operating as a terrorism enterprise.
The documents show in detail how, in its hunt for terrorists, the NYPD investigated countless innocent New York Muslims and put information about them in secret police files. As a tactic, opening an enterprise investigation on a mosque is so potentially invasive that while the NYPD conducted at least a dozen, the FBI never did one, according to interviews with federal law enforcement officials.
Boston Magazine has published more photos from “Behind the Scenes of The Hunt for Dzhokhar Tsarnaev.” Above is a photo of Tsarnaev exiting the boat in which he hid for hours as law enforcement searched all over Watertown for him. See more photos at the link.
In more hopeful news, one long-hospitalized survivor of the bombings was given the go-ahead to return home to California yesterday: Boston Marathon bomb survivor John Odom set to return home to Torrance (Daily Breeze News).
Nearly five months after a bomb almost took his life at the Boston Marathon, John Odom of Torrance was cleared by doctors on Wednesday to finally come home.
Odom’s wife, Karen, who has never left her husband’s side, has been chronicling her husband’s long recovery on Facebook, called it a “monumental” day.
“It’s official, John is released to go home!!!” she posted on the John Odom Support Page. “Although his recovery is nowhere near complete, there is no medical or physical reason he can’t fly home and continue his recovery in California. We are hoping to be home the end of next week, a few days shy of 5 months since we left on that now famous 4 day trip.”
“Famous” is one way to put it. The couple could have never imagined the journey they’ve been on since April 15.
Read the rest of this moving story at the link.
On October 8th and 15th, NPR’s Frontline plans to show League of Denial, “a two-part two-part investigation examining whether — as thousands of former players allege — the NFL has covered up the risks of football on the brain.” The documentary has so far been produced in partnership with ESPN, but last week the sports channel backed out of the collaboration presumably because of pressure from the NFL. From The New Republic: ESPN Quit Its Concussions Investigation With ‘Frontline’ Under Curious Circumstances.
“Frontline,” the prestigious, multiple-Emmy-winning investigative news show produced by Boston’s PBS member station, announced late Thursday afternoon that a 15-month-old partnership with ESPN in which they published a series of pieces exploring how the National Football League has (and has not) accounted for the relationship between playing football, head trauma, and brain damage, had come to an end. Dating back to last November, “Frontline” had run articles on its site featuring the work of Steve Fainaru and Mark Fainaru-Wada, ESPN staffers (and brothers) even as these articles appeared at espn.com and as the brothers did segments for ESPN’s award-winning investigative series “Outside the Lines.” The end result—in addition to abook that the brothers are publishing in October—was to be a “Frontline” documentary, League of Denial (also the book’s title).
According to “Frontline,” the documentary will premiere this season on October 8 and 15, but, “from now on, at ESPN’s request, we will no longer use their logos and collaboration credit on these sites and on our upcoming film.” Executive producer David Fanning and deputy executive producer Raney Aronson expressed their “regret” and credited ESPN with “a productive partnership.” They added, “The film is still being edited and has not been seen by ESPN news executives, although we were on schedule to share it with them for their editorial input.”
Aronson told me late Thursday that ESPN contacted “Frontline” last Friday to request that it remove ESPN’s logo from its website, citing the technicality that it was a “trademark issue.” It wasn’t until Monday, after the latest collaboration was published on “Frontline”’s website and aired on “OTL,” that ESPN also requested that language describing collaboration not be used, and that it became clear the collaboration itself was coming to an end.
The circumstances are indeed mysterious. Perhaps it was over-cautiousness on ESPN’s part or perhaps indirect pressure from the League. If you’re interested in this important story, go read Marc Tracy’s piece at TNR.
A couple more useful links on this story:
Bill Littlefield at NPR’s Only a Game: ESPN And Frontline Part Ways Over ‘League Of Denial’
The authors of the book League of Denial will continue their involvement with the Frontline presentation.
I’m running out of space, so I’ll end there, and add a few more links in the comments. Now what stories are you following today? Please share your links in the thread below.
Today is day 5 of the latest heatwave, which isn’t scheduled to break here in southern New England until Sunday. I don’t think I’m capable of writing very much today–we’ll see how it goes.
From USA Today: Heat wave scorches central, eastern USA
A killer heat wave brought the hottest weather of the summer to much of the nation Wednesday, and at least two more days of broiling temperatures are forecast before cooler weather slides in over the weekend.
About 130 million people are sweltering through the heat wave in the Midwest and Northeast this week, reports AccuWeather meteorologist Alex Sosnowski.
High daytime and nighttime temperatures, high humidity, intense sunshine and lack of wind will continue to make these areas “seem like the middle of the tropics,” he said.
High temperatures in the 90s are again likely Thursday and Friday all the way from the Plains to the Northeast. Heat advisories and warnings are in place from the Dakotas to New England.
Boston Bombing Aftermath
Quite a few people in New England are all hot and bothered about the August 1 cover of Rolling Stone–a glamorous photo of Dzhokhar Tsarnaev. The photo accompanies a long article by Janet Reitman, who has a reputation as a good investigative journalist.
The cover copy suggests that Reitman will reveal how sweet little Dzhokhar became “radicalized” into a “monster” who participated in the Boston Marathon bombing. I read the article, and was disappointed to find that it is mostly a rehash of material that was covered long ago in The Boston Globe and The New York Times. Reitman appears to have interviewed some of Tsarnaev’s high school friends, but again they offered no new insights. Reitman had scheduled an appearance on MSNBC’s The Last Word with Lawrence O’Donnell, who was born and raised in Boston. In the wake of the controversy, Reitman cancelled, which is also disappointing. Why not go on and defend her story?
I can’t say I’m all that bothered by the cover, since the photo was also featured long ago in The New York Times and other publications, but I can respect that for survivors of the bombings it seems pretty dismissive of their suffering to glamorize the perpetrator. Here are a few links on the topic–see what you think.
Erik Wemple at The Washington Post: To Rolling Stone detractors: Please
The Boston Globe: Why Boston reacted right to Rolling Stone
In other news related to the Boston bombing suspects, friends of three men who were brutally murdered in Waltham in September 2011 have been talking to the media. Susan Zalkind, a friend of Erik Weissman appeared on the Rachel Maddow show this week.
Susan Zalkind, a close friend of Eric Weissman who was found murdered with two of friends in a Harding Avenue home in September 2011, appeared on the Rachel Maddow Show on Tuesday to discuss her investigation and reactions to the case, which is officially under investigation. However, authorities reportedly believe accused Boston Marathon bomber Tamerlan Tsarnaev and his friend Ibragim Todashev committed the murders as a drug ripoff. Tsarnaev was killed during the April 19 shootout with police in Watertown. The Federal Bureau of Investigation shot and killed Todashev in his Florida home in May after allegedly attacking agents. Todashev had been in the process of writing a confession implicating himself and Tsarnaev in the murders.
Other friends of the three murdered men talked to CNN, and High Times Magazine has the video. Friends believe that police didn’t take the investigations of the murders very seriously once they concluded that the three men were drug dealers.
Meanwhile, the FBI is refusing to release the Todashev autopsy. From Russia Today:
The FBI has ordered a Florida medical examiner’s office not to release the autopsy report of a Chechen man who was killed during an FBI interview in May over his ties to one of the suspected Boston Marathon bombers.
The autopsy report for Ibragim Todashev, 27, killed by an FBI agent during an interrogation which took place in his apartment on May 22 was ready for release on July 8. However, the FBI barred its publication, saying an internal probe into his death is ongoing.
“The FBI has informed this office that the case is still under active investigation and thus not to release the document,” according to statement by Tony Miranda, forensic records coordinator for Orange and Osceola counties in Orlando.
The forensic report was expected to clarify the circumstances of Todashev’s death.The Bureau’s statement issued on the day of the incident provided no details of what transpired, saying only that the person being interviewed was killed when a “violent confrontation was initiated by the individual.”
Back in May Ibragim Todashev’s father showed pictures of his dead son’s body at a press conference in Moscow, revealing he had been shot six times.
“I only saw things like that in movies: shooting a person, and then the kill shot. Six shots in the body, one of them in the head,” Abdulbaki Todashev said.
Student Loan Interest Rates
A group of Senators have made a deal on student loan interest rates, according to Politico.
Key bipartisan Senate negotiators met in Majority Whip Dick Durbin’s Office late Wednesday and emerged confident that they could finally put the vexing issue behind them.
“It would save students in 11 million families billions of dollars,” said Lamar Alexander (R-Tenn.). “We’d like to be able to do this together and we hope that we can come to a decision right away because families need to make their plans.”
Alexander, the top Republican on education issues, said their proposal would apply retroactively to students who have already drawn federal loans at higher rates which went into effect on July 1.
A Senate aide familiar with the talks said the bill could go on the floor as soon as tomorrow. Leadership aides said that’s implausible but not impossible. Otherwise the bill would get a floor vote early next week.
Of course Republican members of the House will probably have different views on this. I have no idea if this is a good plan or not, and I’m too hot to care. I won’t live to see my student loans paid off, that’s all I know for sure.
Michael Hastings Fatal Crash
Russ Baker’s site Who What Why recently published an interesting (and not too wacky) article on the car crash that killed Michael Hastings. It’s written by Michael Krikorian, a former LA Times crime reporter base on footage from surveillance cameras that caught some of the accident. Krikorian doesn’t offer conspiracy theories–just reports of what he saw at the accident scene, his reactions to the videos caught on cameras a his girlfriend’s pizza restaurant nearby, and some reactions from experts to whom he showed the tapes. The most mysterious questions seems to be why Hastings was driving so fast. And why didn’t he apply the brakes when he started to skid?
Four seconds into the start of the tape, a minivan or SUV goes by the front of restaurant. Three seconds later, another vehicle goes by, traveling from the restaurant front door to the crash site in about seven seconds. At 35 seconds into the tape, a car is seen driving northbound and appears to slow, probably for the light at Melrose.
Then at 79 seconds, the camera catches a very brief flash of light in the reflection of the glass of the pizzeria. Traveling at least twice as fast as the other cars on the tape, Hastings’s Mercedes C250 coupe suddenly whizzes by. (This is probably the “whoosh” that Gary, the Mozza employee, heard.)
The car swerves and then explodes in a brilliant flash as it hits a palm tree in the median. Viewed at normal speed, it is a shocking scene—reminiscent of fireballs from “Shock and Awe” images from Baghdad in 2003….I think it’s safe to say the car was doing at least 80….
Highland has a very slight rise and fall at its intersection with Melrose. It’s difficult to tell by the film, but based on tire marks—which were not brake skid marks, by the way—chalked by the traffic investigators, it seems that the Mercedes may have been airborne briefly as it crossed the intersection, then landed hard. Tire marks were left about 10 feet east of the restaurant’s valet stand….
About 100 feet after the car zooms by on the tape, it starts to swerve. At about 195 feet from the camera, the car jumps the curb of the center median, heading toward a palm tree 56 feet away.
About halfway between the curb and the tree, the car hits a metal protrusion—perhaps 30 inches tall and 2 feet wide—that gives access to city water mains below. This is where the first small flash occurs. This pipe may have damaged the undercarriage of the car, perhaps rupturing a fuel line.
Check the story out and see what you think. It appears the police have closed the book on the case except for waiting for tox screens on Hastings to come back.
Edward Snowden Updates
Glenn Greenwald continues to lecture all and sundry that Snowden isn’t the story–the focus should be on the NSA leaks. Meanwhile, he continues to publish about three times as many articles on himself and Snowden as on the leaks. Yesterday’s offering was about e-mails between Snowden and a retired ultra-conservative/libertarian Senator from New Hampshire, Gordon Humphrey. You can read the full e-mails at the link, but one thing Snowden wrote became the subject of much speculation yesterday.
My intention, which I outlined when this began, is to inform the public as to that which is done in their name and that which is done against them. I remain committed to that. Though reporters and officials may never believe it, I have not provided any information that would harm our people – agent or not – and I have no intention to do so.
Further, no intelligence service – not even our own – has the capacity to compromise the secrets I continue to protect. While it has not been reported in the media, one of my specializations was to teach our people at DIA how to keep such information from being compromised even in the highest threat counter-intelligence environments (i.e. China).
You may rest easy knowing I cannot be coerced into revealing that information, even under torture.
Did this mean that Snowden believes himself to be impervious to torture? According to tech experts and hacker types, it means that he has encrypted the data in such a way that even he cannot get at it by himself. Here’s an article in the Christian Science Monitor that explains this in somewhat simple terms. Author Dan Murphy writes:
I think his good intentions, as he sees them, are fair to assume. But his certainty that it is impossible to compromise what he knows seems questionable. Presumably he has digital files that are encrypted in some fashion. But if the files are accessible at all, there has to be a key.
Or even imagine a Escherian progression of unbreakable locks containing the key to the next unbreakable lock in the progression, which in turn contains the next key. Layers of difficulty are just that – problems to be overcome. Assertions of insurmountably seem specious as long as a key or set of keys exists and someone hasn’t destroyed the first one in the sequence.
And if Snowden’s claims are to be believed, a key to whatever data he has does exist. Greenwald says Snowden’s NSA files have been set up for release in the event Snowden is killed by the US. Greenwald hasn’t said what the mechanism would be and what precisely would be released beyond, “if something does happen to [Snowden] all the information will be revealed and it could be [the US government’s] worst nightmare.”
That implies that there is some process, known to some people or persons, that allows for access. And while state of the art encryption can foil technical efforts to break it, it’s hard to see how gaining access to the knowledge of others is impossible. Spy agencies use trickery, bribery, coercion, and sometimes worse to pry out others’ secrets. Yet Snowden was insistent in his letter to Senator Humphrey….
If the answer is “no one,” then it’s hard to square with his claim of a release being made in the event of his death. If the answer is “someone” or “some group of people,” then his confidence that secrets can’t be compromised seems misplaced. (I asked a number of people who know more about encryption than I about this; the answer always circled back to “the key is the vulnerability.” Perhaps there’s something we’re all missing?)
Here’s another article from Wired that speculates on the so-called “dead man’s switch.”
I’ve got lots more on Snowden, but I’m running out of space and I think I may be the only one here who still cares what’s going on with him. I can post some more links in the comments if there’s any interest.
Now it’s your turn. What stories are you following today? Please post your links on any topic in the comments.
There’s been quite a bit of legal and courthouse news this week, so I’m going to focus on that today.
Yesterday was a big day at the Boston Federal Courthouse as the Whitey Bulger trial was briefly eclipsed by the first court appearance of Boston Bombing suspect Dzhokhar Tsarnaev. From The Boston Globe:
Dzhokhar Tsarnaev shuffled into the courtroom, appearing confident despite the ankle chains and an orange jumpsuit so big on him that it made him appear younger than his 19 years.
As federal prosecutors read the charges against him Wednesday in his first appearance since being captured in April, Tsarnaev repeatedly looked over his shoulder at the packed courtroom, at one point blowing a kiss to his sisters, one sobbing and another holding a baby.
He leaned into the microphone in the hushed courtroom to tell Judge Marianne B. Bowler with an accent that he pleaded not guilty to 30 charges, including use of weapons of mass destruction. More than 30 victims of the Marathon bombings and about a dozen supporters who say they believe Tsarnaev is innocent watched intently as the accused terrorist yawned and stroked the side of his face, which appeared swollen from a wound.
Tsarnaev, who could receive the death penalty, fidgeted in his seat as he listened to the charges, one of his attorneys patting him on the back gently several times. He had a visible scar just below his throat and had a cast on his left arm.
ABC News talked to survivors of the April 15 bombings who showed up to watch Tsarnaev’s court appearance.
Friends and family members of people whose lives were shattered when two homemade bombs went off near the finish line of the Boston Marathon on April 15 packed three rooms in a federal courthouse on Wednesday as suspect Dzhokhar Tsarnaev pleaded not guilty to a 30-count indictment.
But the fleeting courtroom encounter brought little relief to Bostonians who said the 19-year-old —accused of conducting the deadly bombings with the help of his older brother Tamerlan Tsarnaev —showed little feeling.
“He came out and he smirked at the families,” said Ed Fucarile, 64, outside of the John Joseph Moakley federal courthouse along the water in South Boston. “The lawyers put their hands on his shoulders like it was going to be all right.”
Fucarile wore a Boston Strong t-shirt with the name of Marc Fucarile, his son who lost his right leg and still carries shrapnel in his body, the father said.
Marc Fucarile, 34, was standing near the second blast when it went off. He still has more surgeries to go, and has spent every day of the nearly three months since receiving medical care, his father said. Members of the family have taken weeks off work so that someone is always at Marc’s bedside, he said.
Read more survivors’ stories at the link.
At the Whitey Bulger trial, there was a bit of comic relief as Bulger flew into a rage toward the end of testimony and exchanged curses with his former close friend and partner Kevin Weeks. It was reminiscent of a scene from Sopranos.
Bulger’s lawyer, J.W. Carney, tried to portray Weeks as an opportunist who knew how to manipulate the system, someone who cut a deal with prosecutors to serve just five years in prison for aiding and abetting five killings, several of which, Weeks testified, he saw Bulger commit.
“You won against the system,” said Carney.
“What did I win? What did I win,” Weeks said, his voice sounding strained and tired. “Five people are dead.”
Asked whether that bothered him, Weeks shot back, “We killed people that were rats, and I had the two biggest rats right next to me …”
At that, Bulger turned and hissed, “You suck.”
“F— you, OK,” snapped Weeks.
“F— you, too,” shouted Bulger as the jury watched.
“What do you want to do?” said Weeks, his eyes locked on Bulger, who was flushed and staring right back.
At one point Weeks even threatened Carney, asking him if he’d like to step outside.
Weeks grew belligerent and threatening as Carney accused him of lying, challenged his motivation for cooperating, and suggested that Weeks, not Bulger, was a rat.
“You can’t rat on a rat,” said Weeks, adding that he lives in South Boston and walks the streets without being called a rat.
When Carney asked Weeks what he would do if someone did call him a rat, Weeks snapped that if he stepped outside the courthouse he’d show him.
Yesterday the testimony was even more grotesque and sickening, as forensic expert Ann Marie Mires testified about remains of murder victims Arthur Barrett, Deborah Hussey, John McIntyre, and Paul J. McGonagle. I’ll spare you the descriptions; you can go to the links and read more if you’re interested.
This morning Carney asked the judge for a break in the testimony so the defense team could catch up.
The defense team for James “Whitey” Bulger is asking the judge to suspend testimony until next week so they can catch up on evidence.
Defense attorney J.W. Carney filed the motion with the court on Thursday.
“Simply put, the defendant’s counsel have hit a wall, and are unable to proceed further without additional time to prepare for upcoming witnesses,” the motion reads. “Counsel have struggled mightily to be ready for each day of the trial since it began on June 3, 2013, working seven days a week and extraordinarily long hours.” [….]
“A major problem has been the delay in the receipt of discovery from the prosecution,” the motion reads, citing examples of receiving binders of documents pertaining to testimony to be given by witnesses the evening before they take the stand.
Yesterday defense teams rested in both the Bradley Manning and the George Zimmerman trials.
From the Guardian via Raw Story: Bradley Manning defense rests its case after calling just 10 witnesses
Having called just 10 witnesses over the space of three days, the defence phase of the trial was brought to a close far quicker than expected. The defence had indicated in earlier hearings that it intended to call more than 40 witnesses, although many may yet still be presented in court during the post-verdict sentencing stage of the court martial.
By contrast, the prosecution took 14 days to make its case, drawing on 80 witnesses.
On Wednesday, the defence team lead by the civilian lawyer David Coombs, focused its attentions on the most serious charge facing the Army private – that he “aided the enemy” by transmitting information to WikiLeaks knowing that it would be accessible to enemy groups notably al-Qaida. Manning faces a possible sentence of life in military custody with no chance of parole under this single charge.
The final defence witness called, the Harvard law professor Yochai Benkler, delivered blistering testimony in which he portrayed WikiLeaks as a legitimate web-based journalistic organisation. He also warned the judge presiding in the case, Colonel Denise Lind, that if the “aiding the enemy” charge was interpreted broadly to suggest that handing information to a website that could be read by anyone with access to the internet was the equivalent of handing to the enemy, then that serious criminal accusation could be levelled against all media outlets that published on the web.
Yesterday was quite a theatrical one in the Zimmerman trial, as a mannequin was brought into court and both a prosecutor and defense attorney Mark O’Mara got down on the floor and straddled the dummy in effort to act out what might have happened during an alleged altercation between Zimmerman and his victim Trayvon Martin.
As professional images go, what followed in the courtroom was probably not something for which Mark O’Mara would most like to be remembered.
Hitching up his pant legs and straddling a life-size human mannequin, Zimmerman’s lead defense counsel got down and dirty on the courtroom floor and proceeded to demonstrate for jurors the “ground and pound” move that they have been told Martin exerted on the accused.
Coming a day after he encouraged one of his witnesses, gym owner and mixed martial arts trainer Adam Pollack, to “step down from the stand to give me an example of a mounted position,” prostrating himself on the floor and asking Pollack, “Where do you want me?” the episode made for an awkward role play, leaving court observers snickering and biting their lips in the midst of an otherwise tragic plot.
Earlier in the day, prosecutor John Guy—described by one public observer in the courtroom on the trial’s opening day as “the supermodel of attorneys”—had also hopped on the mannequin for a similar demonstration in front of the all-female jury.
Later Judge Debra Nelson had a “testy exchange” with defense attorney Don West as she asked Zimmerman whether he planned to take the stand. Zimmerman seemed unsure, and West tried to step in.
West repeatedly challenged Nelson’s decision to press Zimmerman for a clear answer. The judge repeatedly slapped him down, her voice gathering volume every time.
“The court is entitled to ask Mr. Zimmerman about his determination as to whether he wants to testify,” Nelson insisted tersely after West objected to her line of questioning.
She looked back at Zimmerman: “How long do you think you need before you make that decision?” she inquired again, as the defendant—who had a minute earlier been made to raise his hand and swear under oath that any decision whether to testify would be his—turned to his counsel for help.
“I object to the court inquiring of Zimmerman about his intention to testify,” West whimpered for a second time.
“I object to the court inquiring of Zimmerman about his intention to testify,” West whimpered for a second time.
“And I have O-VER-RULED” Judge Nelson spat back—several times—as the objections kept coming.
Finally Zimmerman haltingly said he did not want to testify. I think he actually wanted to–if only. What a disaster that would have been for his attorneys! Closing arguments are scheduled to begin this afternoon.
In other news, I can’t resist sharing this article from Time Magazine about what former Russian spies think is probably happening to Edward Snowden in Russia.
In the summer of 1985, KGB colonel Oleg Gordievsky was called back to Moscow from the Soviet embassy in London, where he was serving as a resident spy. As a pretext, his commanders told him that he was going to receive an award for his service. But in fact the KGB suspected him of being a double agent — which he was — and they were looking to interrogate him. So upon his arrival, his KGB colleagues, still concealing their suspicions, took him to a comfortable country estate in the suburbs of the Russian capital, much like the one where Gordievsky and other former spies believe Edward Snowden, the NSA whistle-blower, has spent the past few weeks….
The official story coming from the Russian government since then is that Snowden has been holed up in the transit zone of Moscow’s Sheremetyevo airport, waiting for some third country to grant him asylum. But few experts or officials in Moscow still believe that to be true. The accepted wisdom, unofficially acknowledged by most Western and Russian sources, is that Snowden was taken soon after his arrival — if not immediately — to a secure location run by some arm of the Russian government.
Experts and former spies who have dealt with the Russian security services are sure that agents would want to get the encryption keys to the data stored on Snowden’s four laptops. The only way to do that would be to get Snowden to give them up.
So Gordievsky believes Snowden would have gotten roughly the same treatment that the KGB spy got back in 1985. “They would have fed him something to loosen his tongue,” Gordievsky says by phone from the U.K., where he has been living in exile for nearly three decades. “Many different kinds of drugs are available, as I experienced for myself.” Having been called back to Moscow, Gordievsky says his KGB comrades drugged him with a substance that “turned out his lights” and made him “start talking in a very animated way.” Although the drug wiped out most of his memory of the incident, the parts he did recollect horrified him the following morning, when he woke up feeling ill. “I realized that I had completely compromised myself,” he says.
One of the substances the KGB used for such purposes at the time was called SP-117, which is odorless, tasteless and colorless, according Alexander Kouzminov, a former Russian intelligence operative who describes the drug’s effectiveness in his book, Biological Espionage. Now living in New Zealand, Kouzminov worked in the 1980s and early 1990s for the Foreign Intelligence Service, the spy agency known as the SVR, which handles undercover agents, or “illegals,” stationed in foreign countries. In his book, Kouzminov writes that various drugs were used periodically to test these operatives for signs of disloyalty or diversion. Once the drug had worn off, the agents would have no recollection of what they had said and, if their test results were satisfactory, they could be sent back into the field as though nothing had happened.
Yesterday, Snowden announced through Glenn Greenwald that “I never gave any information to Chinese or Russian governments.” I guess he assumes that Chinese and Russian officials don’t read The Guardian, The Washington Post, or the South China Morning Post. Anyway now it’s not clear if he would even remember if he gave them anything.
For all you Snowden and Greenwald fans out there, this information comes from an article in Time Magazine based on interviews with people who have actual experience with the ways Russia deals with spies. Don’t shoot the messenger.
Now it’s your turn. What stories are you focused on today. Please share you links on any topic in the comment thread, and have a tremendous Thursday!
No, Keating didn’t come out and say it exactly like that, but he made it pretty clear yesterday that he has he has gotten just about zero information from the FBI since the Boston Marathon bombings on April 15.
Keating, who is the ranking member of the Subcommittee on Europe, Eurasia and Emerging Threats of the Foreign Affairs Committee, had just returned from a trip to Russia with a delegation of House members led by California Rep. Dana Rohrbacker. The delegation also included Reps. Michele Bachmann, R-Minn; Steve King, R-Iowa; Paul Cook, R-Calif.; Steve Cohen, D-Tenn. The purpose of the trip was to
examine some of the apparent gaps in intelligence sharing between the United States and Russia. The Russians had warned the US in 2011 that Tamerlan Tsarnaev was a potential extremist.
“If there was a distrust, or lack of cooperation because of that distrust, between the Russian intelligence and the FBI, then that needs to be fixed and we will be talking about that,” Representative Dana Rohrabacher, a California Republican who is leading the trip, told ABC News, which first reported details of the trip.
“Our goal is to use Boston as an example, if indeed there was something more, that should’ve been done that wasn’t because of a bad attitude,” Rohrabacher added
Wesley Lowery of the Boston Globe reports that at a press conference at Logan airport after his arrival in Boston Keating noted that:
FBI agents in Boston have yet to provide information about why Tamerlan Tsarnaev was able to move freely in and out of the country after US officials were warned about him, or about the May 22 fatal shooting of one of his friends in Orlando, Representative William R. Keating said on Saturday after returning from a trip to Russia to meet with that country’s top intelligence officials.
In contrast, Keating said Russian officials were anxious to be helpful.
Keating said officials with the Russian Federal Security Service provided details about how they warned US intelligence agents in 2010 that they believed Tsarnaev was preparing to join a terrorist cell in Dagestan, in southern Russia….[and] said he was impressed with what he saw as the forthcoming nature of the Russian intelligence officials. Meanwhile, he said, FBI officials were absent from Capitol Hill hearings about the bombings.
“We had a hearing on homeland security and [the Boston FBI office] were invited,” Keating said. When asked whether agents from the office had shown up, he responded: “No.”
It doesn’t get much clearer than that, does it?
Meanwhile, the FBI was involved in a fatal shooting of Ibragim Todashev, an important witness who may have had valuable information about the Tsarnaev brothers, the Marathon bombing, and perhaps even a triple murder that took place in Waltham, MA in 2011. Since the shooting, we’ve gotten nothing but obfuscation from the FBI, with anonymous sources leaking contradictory claims about who was present at the shooting and what actually happened. I detailed the various accounts in a post on Thursday.
Keating said he hasn’t been briefed on that by the FBI either, but he did learn from the Russians that they had given Todashev’s name to the U.S. back in April.
Keating said that Ibragim Todashev, the 27-year-old friend of Tsarnaev who was shot and killed by an FBI agent in Orlando on May 22, was mentioned by name in intelligence exchanges between US and Russian officials on April 21. The nature of that citation, he said, remains unclear.
While senior members of the intelligence committee are often given classified briefings on controversial FBI actions, Keating said he has received none from the FBI on the Todashev killing.
A little more on the letter that mentioned Todashev, from The Boston Herald:
Todashev was one of many Russian nationals named in the April 21 letter to U.S. officials, said Keating.
Keating said the missive was not a warning letter about Todashev, but he told the Herald his name came up during intelligence information sharing.
“It was just clear that his name was referenced among others in that letter. It could have been in response to the FBI asking them what they knew,” Keating said, adding it was unclear why Russia shared the information. “We’ll be able to get these letters.”
Keating said he spent more than an hour with Russia’s counterterrorism director and a top deputy at FSB, Russia’s equivalent of the FBI, who both candidly shared information on Tsarnaev, his association with militants and his visit to Russia last year.
“I never thought we’d get that level of information and cooperation from the Russians,” Keating said.
Previously, Keating had learned through private channels that Tamerlan Tsarnaev had had contact with two other islamic “extremists.”
Keating said the staffers discovered — through unofficial, nongovernment sources — that Tamerlan Tsarnaev first came on the radar of the Russian security officials when they started questioning William Plotnikov, a Canadian boxer who was linked with extremist groups in Russia.
The Russians then discovered that Tsarnaev was active on a jihadist website and listed his home in the United States. That led to the initial tip from the Russians, who asked the FBI for more information about Tsarnaev.
Tsarnaev later traveled to Dagestan and he met with both Plotnikov, as well as another extremist, Mansur Mukhamed Nidal, according to the findings from the congressional staffers.
Plotnikov and Nidal were later killed in separate skirmishes with the Russians. Tsarnaev left Russia shortly after Plotnikov’s death.
So, to summarize, the information we know about Tamerlan Tsarnaev’s trip to Russia has come either from Russian intelligence officials or independent research by Keating staffers. The Russians have reportedly been surprisingly forthcoming and anxious to help.
Meanwhile, we’ve gotten no explanation from the FBI or Homeland Security of how Tsarnaev managed to fly out of JFK airport and back with no alarms being set off–despite the fact that he was on two terrorist watch lists.
Furthermore, the FBI has killed a man who may have had valuable information about Tsarnaev and they refuse to explain the circumstances under which he was killed. Instead they are “investigating” and they say the “investigation” could take months.
What is wrong with this picture?
We’re heading into a heat wave here in the Boston area. It’s supposed to be hot and humid for the next few days with temps in the high 80s or low 90s. It will be a shock to my system, since it has been rather chilly here recently.
I’m going to focus on the ongoing Boston bombing story again, but you can treat this as a regular morning reads post/open thread. Don’t feel you have to comment on this topic. I haven’t paid much attention to other news for a few days, so I hope you’ll update me on the latest news in the comment thread!
A week ago, I wrote a post about the death of Ibragim Todashev, who was shot and killed in an apartment in Orlando, FL by an FBI agent from Boston in the early hours of Wednesday May 22. Todashev was being questioned by representatives of the FBI, the Massachusetts State Police, and “other law enforcement personnel” about his relationship with deceased Boston bombing suspect Tamerlan Tsarnaev and possible connections to an unsolved 2011 triple murder in Waltham, Massachusetts. Todashev had reportedly been questioned for hours on Tuesday and was shot shortly after midnight. The FBI had been following him for about a month, calling him daily and questioning him on several different occasions.
At the time I wrote that post, there was a great deal of confusion about the circumstances of the shooting and that confusion has only increased during the past week. At first, anonymous law enforcement sources claimed Todashev had been killed after he attacked the agent with a knife. By he next day sources were walking back that claim, some saying Todashev had something in his hand but it wasn’t a knife, others suggesting it was a pipe or something similar.
I’ve been following this story closely, and I’ve never seen anything like it. Presumably, the events in question were fairly straightforward. A man was shot dead with at least four–perhaps more–law enforcement officers present. How hard would it be to figure out if the dead man had a knife in his hand or not? Something was obviously not right.
During the past week, the reported details of the Todashev shooting have continued to change. On May 25, the Boston Globe offered a new version of events, again based on anonymous sources.
An FBI agent from the bureau’s Boston office fired the shot, or shots, that killed a friend of Boston Marathon bombing suspect Tamerlan Tsarnaev early Wednesday morning during an interview about an unsolved Waltham homicide, say officials briefed on the investigation.
Ibragim Todashev, a 27-year-old mixed martial arts fighter formerly from Allston and Cambridge, was shot in the kitchen of his apartment after overturning a table and attacking the agent with a blade, the officials said. The Globe has reported that the shooting came after Todashev had implicated himself in a grisly 2011 triple homicide in Waltham. Tamerlan Tsarnaev was friendly with one of the Waltham victims, and authorities suspect he may also have taken part in the slayings.
Two law enforcement officials said that the Boston FBI agent felt he was in grave danger when Todashev attacked him and that he fired in self-defense.
“This was a tough guy; he was a dangerous individual,” one law enforcement official said, speaking of Todashev. The official asked not to be named because the official was not authorized to discuss the case.
Okay, but with at least four trained law enforcement officers present, why was it necessary to kill a potentially valuable witness? Is it really credible that they couldn’t control one not very large (about 5’8″) man?
Yesterday morning there was another version. In this one, first reported by Fox Boston, Todashev not only knocked over a table, but also slammed the FBI agent’s head into a wall and attacked him with a sword. Yes, a sword. As in previous stories, the claim was that Todashev had been about to sign a confession about his involvement in the Waltham murders when things got out of control.
During the interview, investigators took notes and everything appeared to be going well. Eventually, Todashev was asked to write down, in his own handwriting and in his own words, what he had been telling authorities about his role in the murders when in the words of one source – all hell broke loose.
Todashev allegedly began writing, but then flipped a table over, knocking the Boston FBI agent into the wall hitting his head.
FOX 25’s Bob Ward was told the agent looked up to see Todashev waving in his direction what was described as a Banzai ceremonial sword.
Fearing for his life, the FBI agent drew his weapon and fatally shot Todashev. The entire incident taking only seconds.
During the course of the day, the story continued to change as more anonymous “sources” weighed in. WESH Orlando’s “sources” told a slight different tale than Fox Boston’s.
Sources said Todashev might have been lunging toward a sword, but he was not in possession of it.
Law enforcement officials said Todashev was in the process of confessing to a 2011 triple murder in Waltham, Mass., and was working on writing out the details of the crime when he snapped and turned violent.
Officials said Todashev pushed a table and possibly threw a chair.
Sources said a sword was inside the apartment, but the weapon was moved to the corner of the room before questioning began. Law enforcement said when Todashev lunged, the FBI agent believed he could have possibly been going for his gun or the sword in the room, and that’s when the agent opened fire.
Because of course the best law enforcement technique is to move any sharp objects to the corner of the room before questioning a suspect? WTF?!
Finally, last night several news outlets–among them The Washington Post–reported that Todashev had been unarmed when he was shot.
One law enforcement official, speaking on the condition of anonymity to discuss an ongoing investigation, said Wednesday that Todashev lunged at the agent and overturned a table. But the official said Todashev did not have a gun or a knife. A second official also said Todashev was unarmed.
An official said that according to one account of the shooting, the other law enforcement officials had just stepped out of the room, leaving the FBI agent alone with Todashev, when the confrontation occurred.
The shooting followed hours of questioning by the law enforcement officials that had begun the night before.
And exactly why did the other officers “step out of the room?” The source doesn’t say.
This story is becoming just plain ridiculous, and as Emptywheel wrote yesterday, it makes the FBI look just plain stupid. Last night on twitter, someone compared it to the old “Get Smart” recurring bit, “Would you believe…”
— streetwiseprof (@streetwiseprof) May 30, 2013
But as ridiculous as this story seems, we need to understand that something like this could happen to any one of us. A man was killed in an apartment with multiple law enforcement officers present, and after more than a week, we still don’t know for sure what happened.
At 7PM yesterday, the Florida chapter of the Council on Islamic-American Relations (CAIR) held a press conference with Todashev’s wife, her mother, and a close friend of Todashev’s in attendance and called for the Department of Justice to initiate a civil rights investigation of the shooting.
[T]he Tampa director of that group said not only was 27-year-old Ibragim Todashev unarmed when he was shot by the agent May 22, he was hit seven times, including once in the head….the Council on American-Islamic Relations’ Florida chapter on Wednesday cited unnamed sources within the FBI as saying Todashev was not armed at the time of the shooting.
“We did confirm today with sources within the FBI that he was unarmed,” CAIR-Tampa Executive Director Hassan Shibly told the Orlando Sentinel on Wednesday afternoon. Later, Shibly told reporters that CAIR has an “intermediary” who said the FBI told him Todashev was unarmed. Shibly did not identify the intermediary.
At a news conference Wednesday evening, Shibly showed what he said were photos of Todashev’s body after the shooting. The photos were taken at an Orlando funeral home after the Orange-Osceola County Medical Examiner’s office released the body to Todashev’s next of kin, he said.
The photographer was Khusen Taramov — a friend of Todashev’s who lives in Kissimmee — and photos show at least a dozen wounds, although some may have been exit wounds, Shibly said.
In addition, Todashev’s widow Reniya Manukyan claimed that she has evidence to show that her husband could not have committed the murders in Waltham in September 2011.
Todashev’s widow said Wednesday that she has records proving her husband was with her in Atlanta on Sept. 11, 2011, so he could not have been in Massachusetts on the day of the triple killing. Manukyan was married to Todashev for about three years, she said.
In another interaction on Twitter last night Boston Globe reporter Wesley Lowery told me he wasn’t ready to accept the latest version of events until he can independently confirm it from official sources. His reporting on the Boston bombing generally and the Todashev story specifically has been very good, and I’ll be watching to see what he finds out.
Once again, I’ve used up most of my space on a Boston bombing story, but I still have room for a few more quick links, with an emphasis on law enforcement and civil liberties.
Cory Doctorow: Kafka, meet Orwell: peek behind the scenes of the modern surveillance state. At the link you can watch a short, powerful documentary about public surveillance in the UK.
Rob Fischer at The New Yorker: Watching the Detectives–a piece about “Floyd v. Floyd v. City of New York, a landmark challenge to the New York Police Department’s stop-and-frisk policies.”
NYT: Former Bush Official Said to Be Obama Pick to Lead F.B.I. Obama is about to nominate James Comey as FBI Director–a man who was in the Bush DOJ during the torture deliberations.
Emptywheel: When NYT Accused Jim Comey of Approving Torture
And another Boston link: Dirty Old Boston Facebook page shows the city as it really was
Now it’s your turn. What are you reading and blogging about today?
I will start this post with thoughts for those of you in Boston, who wake up this morning to a different city. I am sure the raw numbness is still with you….I know it will linger for some time. Boston Boomer covered the bombings yesterday, and she is probably exhausted and worn out. So I will just post some updates for you. Here is the cover of the Boston Globe this morning:
But this is not the only story breaking today. There has been a huge earthquake in Iran:
Reuters is reporting 40 deaths…
It is going to be a loooong day…see you in the comment section below…treat this as an open thread and post anything you like.