The FBI and major media outlets yesterday trumpeted the agency’s latest counterterrorism triumph: the arrest of three Brooklyn men, ages 19 to 30, on charges of conspiring to travel to Syria to fight for ISIS (photo of joint FBI/NYPD press conference, above). As my colleague Murtaza Hussain ably documents, “it appears that none of the three men was in any condition to travel or support the Islamic State, without help from the FBI informant.” One of the frightening terrorist villains told the FBI informant that, beyond having no money, he had encountered a significant problem in following through on the FBI’s plot: his mom had taken away his passport. Noting the bizarre and unhinged ranting of one of the suspects, Hussain noted on Twitter that this case “sounds like another victory for the FBI over the mentally ill.”
In this regard, this latest arrest appears to be quite similar to the overwhelming majority of terrorism arrests the FBI has proudly touted over the last decade. As my colleague Andrew Fishman and I wrote last month — after the FBI manipulated a 20-year-old loner who lived with his parents into allegedly agreeing to join an FBI-created plot to attack the Capitol — these cases follow a very clear pattern:
The known facts from this latest case seem to fit well within a now-familiar FBI pattern whereby the agency does not disrupt planned domestic terror attacks but rather creates them, then publicly praises itself for stopping its own plots.
First, they target a Muslim: not due to any evidence of intent or capability to engage in terrorism, but rather for the “radical” political views he expresses. In most cases, the Muslim targeted by the FBI is a very young (late teens, early 20s), adrift, unemployed loner who has shown no signs of mastering basic life functions, let alone carrying out a serious terror attack, and has no known involvement with actual terrorist groups.
They then find another Muslim who is highly motivated to help disrupt a “terror plot”: either because they’re being paid substantial sums of money by the FBI or because (as appears to be the case here) they are charged with some unrelated crime and are desperate to please the FBI in exchange for leniency (or both). The FBI then gives the informant a detailed attack plan, and sometimes even the money and other instruments to carry it out, and the informant then shares all of that with the target. Typically, the informant also induces, lures, cajoles, and persuades the target to agree to carry out the FBI-designed plot. In some instances where the target refuses to go along, they have their informant offer huge cash inducements to the impoverished target.
Once they finally get the target to agree, the FBI swoops in at the last minute, arrests the target, issues a press release praising themselves for disrupting a dangerous attack (which it conceived of, funded, and recruited the operatives for), and the DOJ and federal judges send their target to prison for years or even decades (where they are kept in special GITMO-like units). Subservient U.S. courts uphold the charges by applying such a broad and permissive interpretation of “entrapment” that it could almost never be successfully invoked.
Tag: FBI
Confidential Informant Played Key Role in FBI Foiling Its Own Terror Plot
The FBI Wednesday announced the arrest of three men it alleges planned to help the Islamic State, news that at first appeared to confirm fears that radical extremism is spreading to the United States.
“The flow of foreign fighters to Syria represents an evolving threat to our country and to our allies,” U.S. Attorney Loretta Lynch said in a press release announcing the arrests. “We will vigorously prosecute those who attempt to travel to Syria to wage violent jihad on behalf of ISIL and those who support them.”
Left unmentioned in the FBI statement, however, is the integral role a paid informant appears to have played in generating the charges against the men, and helping turn a fantastical “plot” into something even remotely tangible. It appears that none of the three men was in any condition to travel or support the Islamic State, without help from the FBI informant.
On Feb. 25, two Brooklyn men were arrested following FBI and New York Police Department anti-terror raids and charged with providing “material support” to the Islamic State. Abdurasul Hasanovich Juraboev, 24, and Akhror Saidakhmetov 19, are alleged to have made arrangements to travel to Syria, and also to have expressed willingness to conduct attacks in the United States “if ordered to do so” by the group. A third man, Abror Habibov, 30, was arrested in Florida and charged with helping provide financial support for their travel plans.
According to the criminal complaint against the three, the FBI first began investigating Juraboev after he made postings on Uzbek-language social media sites in August 2014 praising the Islamic State and offering to pledge allegiance to them. While these postings were made anonymously, Juraboev neglected to conceal his IP address which led to him being quickly identified by authorities.
On Aug. 15, 2014, Juraboev was visited at a Brooklyn residence by FBI agents; he openly expressed his desire to join Islamic State to them. He is said to have told the agents he desired to travel and join the group, but that “he currently lacked the means to go there.” Juraboev is also said to have told the FBI agents in this interview of his desire to kill President Obama, but stated that he does not have any “means or imminent plans to do so.”
Three days after that initial visit, FBI agents visited him again; he reiterated these violent and criminal desires, stating his willingness to kill President Obama if he were ordered to do so by any member of Islamic State, and also telling the agents he was willing to “plant a bomb on Coney Island if so ordered by ISIL”.
TSA Issues Secret Warning on ‘Catastrophic’ Threat to Aviation
The Transportation Security Administration said it is unlikely to detect and unable to extinguish what an FBI report called “the greatest potential incendiary threat to aviation,” according to a classified document obtained by The Intercept. Yet despite that warning, sources said TSA is not adequately preparing to respond to the threat.
Thermite — a mixture of rust and aluminum powder — could be used against a commercial aircraft, TSA warned in a Dec. 2014 document, marked secret. “The ignition of a thermite-based incendiary device on an aircraft at altitude could result in catastrophic damage and the death of every person onboard,” the advisory said.
TSA said it is unlikely to spot an easy-to-assemble thermite-based incendiary device during security screening procedures, and the use of currently available extinguishers carried on aircrafts would create a violent reaction. The TSA warning is based on FBI testing done in 2011, and a subsequent report.
A thermite device, though difficult to ignite, would “produce toxic gasses, which can act as nerve poison, as well as a thick black smoke that will significantly inhibit any potential for in-flight safety officers to address the burn.”
TSA warned federal air marshals not to use customary methods of extinguishing fires — the water or halon fire extinguishers currently found on most aircraft — which would make the reaction worse, creating toxic fumes. Instead, air marshals are told to “recognize a thermite ignition” — but TSA has provided no training or guidance on how to do so, according to multiple sources familiar with the issue.
NSA Director: If I Say ‘Legal Framework’ Enough, Will It Convince You Security People To Shut Up About Our Plan To Backdoor Encryption?
Admiral Mike Rogers, the NSA Director, has barely been on the job for a year, and so far he’d mostly avoided making the same kinds of absolutely ridiculous statements that his predecessor General Keith Alexander was known for. Rogers had, at the very least, appeared slightly more thoughtful in his discussions about the surveillance state and his own role in it. However, Rogers ran into a bit of trouble at New America’s big cybersecurity event on Monday — in that there were actual cybersecurity folks in the audience and they weren’t accepting any of Rogers’ bullshit answers. The most notable exchange was clearly between Rogers and Alex Stamos, Yahoo’s chief security officer, and a well known privacy/cybersecurity advocate.
Alex Stamos (AS): “Thank you, Admiral. My name is Alex Stamos, I’m the CISO for Yahoo!. … So it sounds like you agree with Director Comey that we should be building defects into the encryption in our products so that the US government can decrypt…
Mike Rogers (MR): That would be your characterization. [laughing]
AS: No, I think Bruce Schneier and Ed Felton and all of the best public cryptographers in the world would agree that you can’t really build backdoors in crypto. That it’s like drilling a hole in the windshield.
MR: I’ve got a lot of world-class cryptographers at the National Security Agency.
AS: I’ve talked to some of those folks and some of them agree too, but…
MR: Oh, we agree that we don’t accept each others’ premise. [laughing]
AS: We’ll agree to disagree on that. So, if we’re going to build defects/backdoors or golden master keys for the US government, do you believe we should do so — we have about 1.3 billion users around the world — should we do for the Chinese government, the Russian government, the Saudi Arabian government, the Israeli government, the French government? Which of those countries should we give backdoors to?
MR: So, I’m not gonna… I mean, the way you framed the question isn’t designed to elicit a response.
AS: Well, do you believe we should build backdoors for other countries?
MR: My position is — hey look, I think that we’re lying that this isn’t technically feasible. Now, it needs to be done within a framework. I’m the first to acknowledge that. You don’t want the FBI and you don’t want the NSA unilaterally deciding, so, what are we going to access and what are we not going to access? That shouldn’t be for us. I just believe that this is achievable. We’ll have to work our way through it. And I’m the first to acknowledge there are international implications. I think we can work our way through this.
AS: So you do believe then, that we should build those for other countries if they pass laws?
MR: I think we can work our way through this.
AS: I’m sure the Chinese and Russians are going to have the same opinion.
MR: I said I think we can work through this.
AS: Okay, nice to meet you. Thanks.
[laughter]
MR: Thank you for asking the question. I mean, there are going to be some areas where we’re going to have different perspectives. That doesn’t bother me at all. One of the reasons why, quite frankly, I believe in doing things like this is that when I do that, I say, “Look, there are no restrictions on questions. You can ask me anything.” Because we have got to be willing as a nation to have a dialogue. This simplistic characterization of one-side-is-good and one-side-is-bad is a terrible place for us to be as a nation. We have got to come to grips with some really hard, fundamental questions. I’m watching risk and threat do this, while trust has done that. No matter what your view on the issue is, or issues, my only counter would be that that’s a terrible place for us to be as a country. We’ve got to figure out how we’re going to change that.
[Moderator Jim Sciutto]: For the less technologically knowledgeable, which would describe only me in this room today, just so we’re clear: You’re saying it’s your position that in encryption programs, there should be a backdoor to allow, within a legal framework approved by the Congress or some civilian body, the ability to go in a backdoor?
MR: So “backdoor” is not the context I would use. When I hear the phrase “backdoor,” I think, “well, this is kind of shady. Why would you want to go in the backdoor? It would be very public.” Again, my view is: We can create a legal framework for how we do this. It isn’t something we have to hide, per se. You don’t want us unilaterally making that decision, but I think we can do this.
Former FBI Director Defends Metadata Collection
The current practices of the Foreign Intelligence Surveillance Act court are effective and don’t need to be changed, according to former FBI director Robert Mueller.
“Yes, it’s worthwhile. Metadata of telephone companies is terribly helpful,” Mueller said, speaking Tuesday morning at an American Bar Association breakfast held at the the University Club in Washington, D.C.
Mueller cited the example of the Boston Marathon bombing as evidence that bulk collection is important, saying that analysis of metadata was able to rule out potential associates of the Tsarnaev brothers. “They had additional IEDs [Improvised Explosive Devices],” Mueller said, adding that bulk collection helped prevent a second attack.
Metadata collection, he said, “is tremendously helpful in identifying contacts.”
The FISA court’s bulk metadata collection program has come under intense scrutiny in light of disclosures made by former National Security Agency contractor Edward Snowden. Congress now has until the end of May to decide whether to reauthorize Section 215 of the Patriot Act, which allows the bulk collection program.
Legislators are working on the language for a reauthorization bill, according to Mueller. “They’re tweaking it, trying to accommodate additional concerns, like privacy,” he said.
Mueller also defended current procedures, which have been criticized for not allowing those subject to surveillance to argue in front of the FISA court. “I’m not sure you need to change what’s been in effect,” he said.
Mueller also didn’t mince words when asked about a possible plea deal for Snowden.
“He’s indicted,” Mueller said of Snowden. “He should come back and face the music.”
FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters
Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter.
FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day.
The letters look like this:
Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
That means the NSL process utterly disregards the First Amendment as well.
More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.”
And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders:
In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close.
Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when.
Stephen Kim Spoke to a Reporter. Now He’s in Jail. This Is His Story.
ON THE MORNING of June 11, 2009, James Rosen stepped inside the State Department, scanned his building badge and made his way to the Fox News office in the busy press room on the second floor. It was going to be a hectic day. Like other reporters working the phones that morning, Rosen was looking for fresh news about the latest crisis with North Korea.
Two weeks earlier, North Korea had conducted a nuclear detonation that showed the rest of the world it possessed a functioning bomb. The United Nations was on the verge of a formal condemnation, but no one at the U.N. or inside the U.S. government knew how North Korea’s unpredictable regime would respond and whether things might escalate toward war.
Rosen called Stephen Kim, a State Department expert on rogue nations and weapons of mass destruction. Kim, a U.S. citizen who was born in South Korea, spoke fluent Korean and had worked at one of America’s nuclear-weapons labs. He probably knew more about what was going on in Pyongyang than almost anyone else in the building.
The call, according to metadata collected by the FBI, lasted just half a minute, but soon afterward Kim called Rosen and they talked for nearly a dozen minutes. After that conversation, they left the building at roughly the same time, then spoke once more on the phone after they both returned.
A classified report on North Korea had just begun circulating, and Kim was among the restricted number of officials with clearance to read it. He logged onto a secure computer, called up the report at 11:27 a.m., and phoned Rosen 10 minutes later. A few minutes past noon, he left the building again, and a minute later Rosen followed. The destruction of Kim’s life would center on the question of what the two men discussed during that brief encounter outside the State Department.
School Principal Contacts FBI After Student Throws American Flag Out A Window
In the stupidest case of school administrators taking federal agencies’ names in vain since a Huntsville, AL school swore a phone call from the NSA prompted its secret social media monitoring program, a middle school principal from Espanola, NM is threatening to sic the FBI on a student who threw an American flag out a classroom window.
A middle school principal said a student was misbehaving with his friends and took things too far. The student threw an American flag out a second-story classroom window. Now the principal says the 14-year-old needs to be held accountable.
Sure, maybe a stern discussion with him and his parents and a couple of weeks of detention would do the trick. But that’s not enough for Principal Robert Archuleta. He has already suspended the student for 10 days and is now pushing for his expulsion. But he also wants the feds to take control of the situation… because jingoism.
“He says, ‘Because I was just messing around,’ and he started to laugh,” Archuleta said. “Then the other kids were laughing, the kids that were with him. ‘There goes the flag.’ That was his last statement.”
The principal is a veteran. His father is also a veteran who fought in World War II.
“A lot of men have died over [the flag], men and women,” Archuleta said. “We fought to keep our country safe and to keep it free.”
Well, let’s stop you right there, Robert. Nobody “died over the flag.” The flag is a symbol of this country and what it stands for, but it is not what people die “over.” They die defending this country and the freedoms it affords its citizens — among them being the right to throw a flag out the window. It’s not as starkly effective as burning it, but it’s pretty much the same thing.
FBI Director Defends Police, Says Everyone’s A Little Bit Racist
FBI Director James Comey repeatedly defended the police in a speech intended to address race relations after a series of high-profile killings by law enforcement officers.
Speaking at Georgetown University this morning, Comey said citizens need to have more empathy for police, that police response time is not influenced by race, and that “law enforcement is not the root cause of problems in our hardest-hit neighborhoods.”
Comey also cited and quoted from the song “Everyone’s a Little Bit Racist” from the Broadway play “Avenue Q,” adding that while everyone has a duty to try and overcome bias, “racial bias isn’t epidemic in those who join law enforcement any more than it is epidemic in academia or the arts.” And yet “after years of police work, officers often can’t help but be influenced by the cynicism they feel” and begin viewing black citizens differently.
The much-anticipated address comes in the wake of a series of killings of black citizens at the hands of local police, including Michael Brown in Ferguson, Missouri; Eric Garner in New York; and Tamir Rice in Cleveland, Ohio.