Showing posts with label Homeland Security. Show all posts
Showing posts with label Homeland Security. Show all posts

Sunday, October 13, 2013

Are Angela George and Sanjay Sola helping President Obama politicize the US DOJ ? (Lt. Dan Choi FOIA Request Update)

See Also New Advisory : FOIA Appeal Update Regarding the DOJ's ''vindictive prosecution'' of Lt. Daniel Choi (7 Dec 2013)

Why won't the the US DOJ answer the FOIA Request about Lt. Dan Choi's arrest ?

I'm sharing with you an update on the freedom of information request sent to the U.S. Department of Justice.

On May 6, 2013, the DOJ received my FOIA request. The request sought information and records pertaining to serious questions of the government's prosecution of Lt. Daniel Choi. Since that time, the DOJ has denied my application for expedited processing, and it has delayed the production of any information and records. After several attempts to determine when the DOJ was going to answer the FOIA request, I have produced a YouTube video about the history of the request. I'm also asking you for your help.

Please send an e-mail to : angela.george@usdoj.gov or call : (202) 252-6038 and ask the DOJ to answer FOIA Request 13-1506.

What you can do :

  • Kindly send an e-mail to Angela George, the prosecutor in Lt. Choi's case, at : Angela.George@usdoj.gov -- and ask her for her help to expedite the DOJ's response to the FOIA request. Please refer to the DOJ's FOIA Request No. 13-1506. - and/or -
  • Kindly call Sanjay Sola at : (202) 252-6038 and ask him when the DOJ plans to answer to the FOIA request.

Prior to the government shutdown, it appeared that the DOJ was not going to provide any information or records in response to my request. Indeed, the Obama administration now has a track record of not answering FOIA requests.

See : Obama Administration Failing To Meet Transparency Pledge With FOIA Requests (Firedoglake)

There are several problems with the government's case against Lt. Choi. The most serious issue is that a judge ruled that there was enough evidence to show that the government was carrying out a "vindictive prosecution" against Lt. Choi.

The third day of the U.S. government's trial of former Lt. Dan Choi ended with a 10-day delay for the government to seek an order from a higher court stopping the decision made today by U.S. Magistrate Judge John Facciola to allow Choi's lawyers to argue the government singled out Choi for "vindictive prosecution."

Facciola said this morning that he had found there was prima facie evidence for "vindictive prosecution," meaning enough evidence was presented to allow Choi's lawyers to pursue such a claim. As a result, Choi's lawyers would be able to ask for more documents and evidence from the government in order to investigate if higher-level officials advised their subordinates to try Choi in federal court rather than district court.

See : Updated : Judge Allows Lt. Dan Choi's ''vindictive prosecution'' Defense (Daily Kos)

The mixed motivations of the government's case against Lt. Choi seem to follow a pattern of other federal prosecutions of activists. Examples of the government's questionable persecution of activists are mentioned in the YouTube video and are cited in the FOIA request.

Link to YouTube video : Why won't DOJ answer FOIA Request about Lt. Dan Choi ?

Link to FOIA request : Lt. Daniel Choi - Vindictive Prosecution DOJ FOIA Request (Scribd)

If you are able to e-mail the Hon. Madame Prosecutor or are able to speak with or leave a message for Mr. Sola, I would greatly appreciate it. Even if there is a government shutdown, your e-mail or voice-mail message can help us. Please let me know if you make contact with anybody.

2013-04-30 Lt Daniel Choi DOJ FOIA Request Louis Flores by Connaissable

Please share this video, the information, and the link. Thank you for any help you can provide.

Tuesday, January 29, 2013

Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest

Aaron Tobey Wrote An Abridged Version Of The 4th Amendment on Chest In Protest Against Nude Body Scanners, Leading To Arrest, Naturally.

Aaron Tobey vs. Janet Napolitano, Homeland Security, Transportation Safety Administration (USDC Complaint) by

From Wired :

A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.

Aaron Tobey claimed in a civil rights lawsuit (.pdf) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.

“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.

In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:

Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.

Tobey didn’t want to go through the advanced imaging technology X-ray machines, or so-called nude body scanners, that were cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down, and removed most of his clothing in the process.

Among other things, the federal lawsuit claimed wrongful detention and a breach of the First Amendment and Fourth Amendment. Tobey was on his way to Wisconsin for his grandmother’s funeral. Despite his detainment, he made his flight.

According to the suit, while under interrogation, the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”

Two weeks later, Henrico County prosecutors dropped the misdemeanor charge against him, and he sued the Transportation Security Administration and others.

In dissent, Judge J. Harvie Wilkinson wrote:

Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.

Aaron Tobey vs. Janet Napolitano, Homeland Security, Transportation Safety Administration (USDC Judge Rulin... by

Saturday, March 12, 2011

Japan nuclear fallout map -- it started out as a hoax, but could it turn out to be true ? At least, as it concerns the direction of any fallout ?

UPDATED : Breaking news :


UPDATED ! No official link-back can be found to the Japan fallout forecast map. (The graphic has been removed, but it can be seen by clicking on the preceding link.) Further research indicates that the graphic was a hoax. Nevertheless, the direction indicated on the map is consistent with the Pacific Ocean jet stream and with a forecast by an Austrian meteorological model. There is no way to confirm the rad level predictions. (A ''rad'' is a measured unit of absorbed radiation dose.) Furthermore, comments to this blog post suggest that the trade or prevailing winds, such as the westerlies, would carry any nuclear radiation particles, not the jet stream. No contradiction, though, suggests that the direction of the map was incorrect. In fact, nuclear radiation is already being detected by the U.S. Navy down wind from the site of the nuclear power plant explosions. In the latest news report, The Daily Mail reports that the "Nuclear Regulatory Commission admits it is 'quite possible' radiation could reach the U.S."

Early on Saturday morning (New York Time), a suspicious map circulated on the Internet. The map was exposed to be a hoax, because the rad levels were unrealistic, and there was no official link-back to the map. But with several explosions at the Fukushima nuclear power plant, could nuclear meltdown occur ? And could wind currents carry dangerous levels of radioactivity ?

The suspicious map, bearing the logo of Australian Radiation Services, indicated that exposure to radiation following a likely nuclear fallout from the nuclear power plant explosion in Fukushima, Japan, could reach the West Coast of the United States within 6 to 10 days time. While the map may appear suspicious, the direction of the spread is consistent with the Pacific Ocean jet stream and/or trade or prevailing winds. And if the rad levels were wrong, has a scientist issued any realistic levels of radiation that would be spread by wind currents in the event of a nuclear meltdown at Fukushima ? Confirmation that nuclear radioactivity is now in the wind currents comes from The New York Daily News : "The U.S. 7th Fleet, positioned about 100 miles northeast of the Fukushima Daiichi nuclear power plant to deliver aid to Japan's coastal region, moved its ships further away due to 'airborne radioactivity' and contamination found on its planes." Making the worst case scenario -- a nuclear meltdown -- all the more likely is the fact that employees at the Fukushima nuclear power plant have abandoned their posts and fled their responsibilities -- this comes after a third explosion at the doomed power plant.

Even as David McIntyre, a spokesman for the Nuclear Regulatory Commission, said, "Right now it's quite possible that there could be some radiation floating over the United States," the NRC "downplayed the threat to Americans," however. Mr McIntyre told the AFP: "We don't think that it would be particularly harmful... even in a worst case scenario," according to The Daily Mail.

Meanwhile, here is a YouTube video of the first nuclear power plant explosion at Fukushima from a Japanese news program. It shows what could be white smoke and/or steam rising from the building as a result of the nuclear power plant explosion. Video Credit : ProducerMatthew.


Separately, supplemental reports have come in that the Japanese government has imposed an evacuation area spreading 20 kilometers around the nuclear power plant in Fukushima. Prior to the explosion, energy scientists had been managing the nuclear emergency at the power plant by releasing steam, to relieve pressure in the cooling system. One risk from releasing steam is that critical water in the cooling system is lost ; if too much water is lost, there is a depletion in the cooling system, thereby leading to a risk of exposing the core, leading, in turn, to a nuclear meltdown.

Apparently, radiation would be carried across the Pacific Ocean by the wind currents, such as the jet stream. Scientists have not yet determined the amount of radiation that has been released by the nuclear power plant explosion. So far, the only information available is coming from nations nearer to Japan. United States government officials have yet to make any risk assessments in connection with radiation exposure.

Fukushima is approximately 150 miles north from Tokyo. Residents within the immediate Fukushima radius are being told to stay indoors, turn off air conditioners, and avoid drinking tap water. It is not yet known what nuclear emergency advisories are being made, or preparations being taken, at other large large cities in Japan. Later on Saturday, however, there was news that the company that operates the power plant planned to use sea water to cool down the reactor's core, and it was also reported that authorities were planning for the distribution of Iodine to residents. (Iodine can be taken to prevent the absorption of radiation by the thyroid, reported MSNBC.)


Related updates :

[Updated Monday, 14 March 2011 9:20 am EDT] : Whereas the original photograph that circulated last weekend was not an official map, the forecast direction where wind currents would carry airborne radioactivity is generally consistent with the jet stream and the westerly wind currents over the Pacific Ocean. Tom Costello, an NBC News correspondent for The Today Show, predicted that nuclear radiation would be carried by wind currents over the Pacific Ocean, but would ''dissipate'' over the ocean, presumably before any radioactivity would reach the U.S. West Coast. No scientific evidence was given to support that radioactivity would completely dissipate, however.