Although Justice Department No Longer Will Use Private Prisons - It Will Not affect other federal agencies –Immigration and Customs Enforcement, for example – or state and local contracts

BlackListed News

For over half of the United States and its federal government this has translated into the systematic incorporation of privately-operated prisons; throughout corrections, contracting has facilitated whole industries unto themselves, from video visitation to drone detection to food services, helping drive the direction of prison policy much more quickly through new technology, marketing, and the power of the commission than through data and debate.  

The incarceration ecosystem is vast. Private prisons are perhaps the most explicit example of murky monied interests, but they’re far from the only one. They’re further still from going away. [MORE]

US Admits Syria Bombing "May Have" Killed [all non-white] Civilians

BlackListedNews

American jets targeting an ISIS 'weapons facility' in Raqqa, Syria "may have killed an unknown number of civilians" during an airstrike Tuesday according to statement from US Central Command.

As RT notes, Raqqa, under control of jihadist rebels since March 2013, was declared the capital of the self-proclaimed Caliphate in January 2014. In October that year, Washington launched a campaign against IS, eventually named “Inherent Resolve.” The US war effort is coordinated by CENTCOM, from its headquarters in Tampa, Florida.

Black Men Charged with murder, but they didn’t kill anyone—Chicago police did

ChicagoReader and [MORE]

On July 8, 2012, as the summer sun rose over the Auburn Gresham neighborhood on the south side of Chicago, police hauled a distraught 19-year-old named Tevin Louis away from a murder scene. The victim was Louis's best friend, Marquise Sampson. The shooter was a veteran police officer, Antonio Dicarlo.

For the previous five years, Louis and Sampson had been inseparable, drawn together by rough childhoods marked by foster care and poverty. In good times, Sampson made Louis laugh. In hard times, Louis made sure Sampson had food and a place to stay. As the boys became young men, they began to work the streets together, as they did everything, for better and for worse.

The day Sampson died, the pair had allegedly robbed a local gyros shop of approximately $1,250. Louis then ran from the restaurant. Sampson soon followed, then crossed paths with police.

After spotting Sampson running, Dicarlo and his partner gave chase, according to the Chicago Police Department's case report, pursuing the teen for a quarter mile as he ran to the block where he often stayed with Louis and his cousin. But Louis never saw his friend alive again.

Louis didn't arrive on the scene until after Dicarlo shot Sampson three times—in the shoulder, chest, and back, according to the Cook County Medical Examiner's autopsy report. Louis attempted to cross the police line to be at his friend's side. He was promptly arrested for disorderly conduct and has been locked up ever since.

"Marquise was like a brother—like he came from my momma's womb," Louis told the Reader by phone from Lawrence Correctional Center in southern Illinois. "It was heartbreaking. I lost somebody I be with every day."

In a statement given to the Independent Police Review Authority, the agency that investigates police shootings and allegations of misconduct, Dicarlo described in detail the lead-up to Sampson's death, claiming the teen had pointed a weapon in his direction, prompting him to fire. That Dicarlo fatally shot Sampson is also acknowledged in Chicago Police Department reports.

Yet it's Louis whom the Cook County criminal justice system has held responsible. Following Louis's initial arrest, the charge of disorderly conduct evolved to include robbery and first-degree murder. In the subsequent months, he was found guilty of each.

Under a controversial legal doctrine known as the "felony murder rule," the teen's prosecution relied on a theory of accountability enshrined in Illinois's criminal code: that while committing a felony, a person can set in motion a chain of events that lead to the death of another person.

"I cried," Louis admitted, remembering the moment he learned that he was being charged with murder for his friend's death. "It was unreal. I didn't know what was happening."

But Louis's prosecution was no fluke. Rather, a Reader investigation finds that his case was one of at least ten in Cook County in the past five years in which killings by Chicago Police Department and Cook County sheriff's officers have resulted in felony murder charges for civilians. In particular, the Reader found three cases in which police fatally shot passengers in fleeing vehicles—an act that's come under intense scrutiny since the fatal shooting of 18-year-old Paul O'Neal in late July—before holding a surviving passenger responsible.

Although these prosecutions are sanctioned by Illinois law, these cases raise difficult questions about the law's use and impact—especially when felony murder charges stem from situations involving possible police misconduct.

At trial, Louis refused a plea deal on the murder charge. Presiding judge Jorge Alonso instructed the jury to consider Louis's murder and robbery charges as interdependent, explaining that under the law it's "immaterial whether the killing in such a case is intentional or accidental or conflicted by a third person."

The jury found Louis guilty. He's now serving a 32-year sentence for armed robbery and an additional 20-year sentence for Sampson's death. He's also appealing his case.

"I'm not perfect," he says. "But I don't deserve this."

While in prison, he had "Marquise 7-8-12" tattooed on one hand, and his best friend's birthday on the other.

And while Louis is serving time for his friend's murder, the officer who actually pulled the trigger has been commended for his actions. For fatally shooting Sampson, Dicarlo received a 2013 Superintendent's Award for Valor, which honors "an act of outstanding bravery or heroism," according to CPD. Mayor Rahm Emanuel presided over the ceremony.

CPD spokesman Anthony Guglielmi deferred to IPRA for comment on specific cases, although IPRA did not respond to three detailed interview requests. In a statement, Guglielmi said that "when wrong doing [sic] or intentional misconduct is discovered, CPD holds individuals accountable," and that the department's "commitment to the highest levels of integrity and the highest levels of professional standards is unwavering." Attempts to interview the individual officers named in this story, including Dicarlo, made through requests sent to personal e-mail addresses, phone numbers, and via CPD and the Fraternal Order of Police (the police union), yielded no response from the officers. The FOP didn't respond to other requests for comment, nor did the Cook County Sheriff's Office.

Based on Dicarlo's account, IPRA found the shooting of Sampson justified in February 2014, as it has in nearly all of the 238 closed shooting investigations detailed on the organization's website. In dashcam video obtained by the Reader via a Freedom of Information Act request, Dicarlo's encounter with Sampson is obscured, visible only through the windshields of a car parked between Dicarlo's police vehicle and the officer and suspect. Their interaction lasts just a few seconds before Sampson appears to collapse.

Dicarlo's 15-year career with CPD has been marred by at least 21 misconduct complaints, including four excessive force complaints, one of which alleged improper use of a weapon, according to documents obtained via FOIA request and from the Citizens Police Data Project. Misconduct complaints also accuse Dicarlo of conduct unbecoming an officer, unnecessary physical contact, illegal search, illegal arrest, and five separate instances of failure to provide service.

The city has settled at least two civil lawsuits against Dicarlo—for a total of $55,000—including one that alleged the officer had beaten a man so badly he was left bleeding from the head, that he then tried to convince fellow officers to forgo calling an ambulance, and then lied to a health-care provider about the cause of the man's injuries.

For his part, Louis doesn't believe his friend would have pulled his weapon on police.

"There's a difference between doing something wrong and just being fucking stupid," Louis says. "Marquise wasn't stupid. I think [Dicarlo] murdered him in cold blood."

THE FELONY MURDER RULE has its roots in English common law, under which all felonies were punishable by death, and any participant in a violent crime could be liable for a killing by an accomplice. Starting in the 19th century, most American states enacted laws imposing murder liability for killing in the course of the most serious felonies—robbery, rape, arson, and burglary. These laws didn't require intent, but in practice they were generally limited to cases in which one of the accused fatally attacked a victim with a weapon.

Today, almost every state has some form of felony murder liability. The laws vary as to which felonies can give rise to murder charges and how directly the arrestee must be involved in the death in order to be charged. Many felony murder laws—including those in California, Pennsylvania, and Maryland—contain a separate rule that requires the killer to be a participant or "agent" in the felony. Other states, such as New York and Kansas, have a "protected person" rule that prevents an arrestee from being liable for the death of a co-arrestee. [MORE]

Embracing the Alt-Right: New Trump Campaign Chief "Created an Online Haven for White Nationalists"

Democracy Now

Last week, Donald Trump once again upended his campaign team and named Stephen Bannon, the head of Breitbart Media, to be his campaign chief. Breitbart regularly sparks controversy with headlines such as "Birth Control Makes Women Unattractive and Crazy," "Trannies Whine About Hilarious Bruce Jenner Billboard" and "Bill Kristol: Republican Spoiler, Renegade Jew." In a new article published by Mother Jones, investigative journalist Sarah Posner writes, "By bringing on Stephen Bannon, Trump was signaling a wholehearted embrace of the 'alt-right,' a once-motley assemblage of anti-immigrant, anti-Muslim, ethno-nationalistic provocateurs who have coalesced behind Trump and curried the GOP nominee’s favor on social media." For more, we speak to Sarah Posner and Heather McGhee of Demos.

With New DNA Testing Proving Innocence, Black Man Acquitted of Murder in Less Than An Hour After Retrial

Innocence Project 

After Innocence Project lawyers presented DNA evidence proving the innocence of Anthony Wright and pointing to the real assailant, a Philadelphia jury today acquitted Wright of the 1991 rape and murder of Louise Talley, becoming the 344th DNA exoneree in the nation. Wright wrongly served 25 years for the rape and murder. At the retrial, it was disclosed that DNA testing of clothing alleged by police to have been worn by Wright to commit the crime were not his and could not have been in his home as the police claimed.

“We are extremely relieved that this very long nightmare is finally over for Mr. Wright and his family. DNA testing proved not only that Mr. Wright is absolutely innocent but also that law enforcement fabricated evidence against him,” said Peter Neufeld, Co-Director of the Innocence Project, which is affiliated with Cardozo School of Law. “But it’s outrageous that he has been forced to endure a retrial to gain his freedom after DNA testing already proved his innocence. This case raises many serious questions, and Philadelphians should be deeply concerned about the manner in which law enforcement handled this case and should demand a review of three police detectives responsible for Mr. Wright’s wrongful conviction.”

At the retrial, it was revealed that since the DNA testing was conducted 3 ½ years ago that identified Ronnie Byrd as the real assailant, neither the Philadelphia Police Department nor the District Attorney’s office has conducted any additional investigation. The former district attorney fought efforts by the Innocence Project to conduct the testing for more than 5 years, eventually sending the case to the Pennsylvania Supreme Court, which remanded the case back to the district court for a hearing on the testing. The testing of the rape kit identified spermatozoa recovered from the victim’s vagina and rectum that excluded Wright as the source, and was then identified as Byrd’s. Byrd was twice the age of Wright and almost half the age of the victim at the time of the crime and had a long criminal record, which included crimes in and around Philadelphia. Byrd died in South Carolina in early 2013 and was never able to be questioned about the crime or prosecuted for it. DNA testing of the clothes police claimed were worn by Wright to the victim’s home the night of the murder demonstrate that the clothing did not belong to Wright but in fact had been worn by the victim.

Nina Morrison, a Senior Staff Attorney the Innocence Project, added, “Judging by the treatment that Mr. Wright has endured, the Philadelphia District Attorney’s Office has no intention of learning how this tragic miscarriage of justice occurred or how to prevent future injustice. While the Philadelphia police have a policy requiring the recording of interrogations, the state legislators should, at a minimum, enact a law requiring the recording of interrogations throughout the Commonwealth.”

Wright was originally convicted of the 1991 rape and murder of the 77-year-old North Philadelphia resident on June 8, 1993. Police claimed that after merely 14 minutes in custody, Wright voluntarily gave a full and complete signed confession to the crime. Wright, however, who was just 20 when he was arrested, has always maintained his innocence and testified in both the original and the retrial that he only signed the alleged confession, which the police wrote out, after the interrogating detectives threatened him with bodily harm.

All of the prosecution’s original trial witnesses, two of whom were admitted crack dealers, claimed that Wright committed the crime alone, saying either that they saw him enter the victim’s home alone or that he described his actions to them. Not only did the witnesses provide conflicting details, but most importantly, none of them mentioned anything about Byrd, the then 39-year-old convicted felon whose semen was identified by DNA testing on the vaginal and rectal swabs collected from the victim at autopsy.

Since the original trial, two of the witnesses passed away, but under Pennsylvania law, the prosecution was allowed to enter their earlier testimony into evidence without providing the lawyers the opportunity to question them regarding the new DNA evidence.  The prosecution was also allowed to enter the original testimony of three other witnesses, who where then teenagers and known to the police, after they testified at the retrial that they had no recollection of their earlier testimony.

Wright again testified in his own defense, telling the jury that he worked at his full-time construction job on the day of the crime and later went to a night club.

The jury deliberated for less than an hour before reaching its verdict.  Wright, who has now wrongly served 25 years for the crime walked out of the courtroom a free man.  He was surrounded by his family, which includes a son and a granddaughter.  At his original trial, Wright narrowly escaped the death penalty by a 7 to 5 vote of the jury.

“Philadelphia law enforcement has a lot of questions to answer following today’s verdict. This case should have never been put before a jury given all the evidence pointing to Mr. Wright’s innocence,” said Samuel Silver of Schnader Harrison Segal & Lewis LLP, co-counsel for Wright and Pennsylvania Innocence Project board member. “But we are relieved that justice has prevailed and Mr. Wright has been given back his life.”

Fox Host Suggests Trump Can't Go Into Black Communities Because Of Violence

Media Matters

STUART VARNEY (GUEST HOST): Do you think that Donald Trump made the right appeal [to Hispanic and African American voters] in the right way? 

ALLEN WEST: Well I think that Donald Trump made an appeal that no previous Republican presidential candidate has really made so I do give him credit for that. But I think that what you have to do is you have to get into the communities, not just stand in front of a crowd that is 90-some odd percent white and make these assertions. Going into the communities is what is needed. 

VARNEY: But would he get a fair hearing, Allen? Allen, would he be shouted down? Would there be maybe some violent demonstrations if he did do that? 

The NYPD routinely monitored Muslims and extended investigations into political groups without permission

ThinkProgress

The New York Police Department (NYPD) routinely monitored Muslims and extended investigations into political groups without permission, according to an Office of the Inspector General for the New York Police Department report released Tuesday.

Report authors who looked at sample cases between 2010 and 2015 found that of the cases involving “NYPD’s compliance with specific investigative rules,” 95 percent of them were investigations of individuals who were “associated with Muslims and/or engaged in political activity that those individuals associated with Islam.” The revelation came in a footnote section of the 64-page report, which also found that investigators repeatedly broke rules governing investigations and illegally extended the time it took to look into matters.

More than half the time, investigations continued even after the NYPD didn’t renew authorization, the report found. The use of human sources — such as confidential informants and undercover officers — continued for an average of a month after authorization expired. The NYPD also failed to describe the role of undercover officers or confidential informants. And while officials were sometimes able to explain why they needed to open new cases, the department repeatedly failed to “articulate the reasons why the investigation is continuing.”

Normally, in the case of NYPD investigations of political activity — which could include surveillance on a mosque, church, or synagogue — police must first articulate in writing the need for the investigation and get approval from senior officials. The permission only lasts for a certain period of time, at the end of which, they must apply for an extension or end the investigation.

NYPD investigations involving political activities must also adhere to the Handschu Guidelines, which regulate how and under what circumstances officers can begin an investigation. Those guidelines were aligned with the United States Department of Justice Guidelines issued after the terror attacks of September 11, 2001.

In a press conference, police officials said that they were “pleased” with the report’s findings.

“We’re actually, as a department, very pleased with the inspector general’s report,” Lawrence Byrne, the department’s deputy commissioner for legal matters, said, according to the New York Times. Byrne further said that the report found “every one of our investigations, and every one of the people we investigated, were investigated for valid and proper purposes under the Handschu guidelines.”

In fact, the report found shortcomings with officers continuing investigations past when they were supposed to end and using thin reasons to open up new ones.

NYPD surveillance of Muslim communities isn’t new — the department secretly spied on Muslims for years following the September 11, 2001 terrorist attacks. As ThinkProgress previously reported, “the NYPD’s massive infiltration failed to produce a single viable lead to stop terrorism. In fact, once the police were caught, news of the program backfired, reportedly destroying other law enforcement agencies’ carefully cultivated relationships with Muslim communities.”

In January, the American Civil Liberties Union announced a settlement — which has not yet been approved by a federal judge — to protect against “unjustified investigations of Muslim and other minority communities.” That settlement also imposed safeguards like constraining “intrusive investigatory practices,” limiting the use of undercover officers and informants, and calling for an outside civilian representative to ensure safeguard were being followed and enforced.

The Large White Families That Rule The World

4th Media 

The Large Families that rule the world. Some people have started realizing that there are large financial groups that dominate the world. Forget the political intrigues, conflicts, revolutions and wars. It is not pure chance. Everything has been planned for a long time.

Some call it “conspiracy theories” or New World Order. Anyway, the key to understanding the current political and economic events is a restricted core of families who have accumulated more wealth and power.

We are speaking of 6, 8 or maybe 12 families who truly dominate the world. Know that it is a mystery difficult to unravel.

We will not be far from the truth by citing Goldman Sachs, Rockefellers, Loebs Kuh and Lehmans in New York, the Rothschilds of Paris and London, the Warburgs of Hamburg, Paris and Lazards Israel Moses Seifs Rome.

Many people have heard of the Bilderberg Group, Illuminati or the Trilateral Commission. But what are the names of the families who run the world and have control of states and international organizations like the UN, NATO or the IMF?

To try to answer this question, we can start with the easiest: inventory, the world’s largest banks, and see who the shareholders are and who make the decisions.

The world’s largest companies are now: Bank of America, JP Morgan, Citigroup, Wells Fargo, Goldman Sachs and Morgan Stanley.

Let us now review who their shareholders are.

Bank of America:

State Street Corporation, Vanguard Group, BlackRock, FMR (Fidelity), Paulson, JP Morgan, T. Rowe, Capital World Investors, AXA, Bank of NY, Mellon.

JP Morgan:

State Street Corp., Vanguard Group, FMR, BlackRock, T. Rowe, AXA, Capital World Investor, Capital Research Global Investor, Northern Trust Corp. and Bank of Mellon.

Citigroup:

State Street Corporation, Vanguard Group, BlackRock, Paulson, FMR, Capital World Investor, JP Morgan, Northern Trust Corporation, Fairhome Capital Mgmt and Bank of NY Mellon.

Wells Fargo:

Berkshire Hathaway, FMR, State Street, Vanguard Group, Capital World Investors, BlackRock, Wellington Mgmt, AXA, T. Rowe and Davis Selected Advisers.

We can see that now there appears to be a nucleus present in all banks: State Street Corporation, Vanguard Group, BlackRock and FMR (Fidelity).

To avoid repeating them, we will now call them the “big four”

Goldman Sachs:

“The big four,” Wellington, Capital World Investors, AXA, Massachusetts Financial Service and T. Rowe.

Morgan Stanley:

“The big four,” Mitsubishi UFJ, Franklin Resources, AXA, T. Rowe, Bank of NY Mellon e Jennison Associates. Rowe, Bank of NY Mellon and Jennison Associates.

We can just about always verify the names of major shareholders. To go further, we can now try to find out the shareholders of these companies and shareholders of major banks worldwide.

Bank of NY Mellon:

Davis Selected, Massachusetts Financial Services, Capital Research Global Investor, Dodge, Cox, Southeatern Asset Mgmt. and … “The big four.”

State Street Corporation (one of the “big four”):

Massachusetts Financial Services, Capital Research Global Investor, Barrow Hanley, GE, Putnam Investment and … The “big four” (shareholders themselves!).

BlackRock (another of the “big four”):

PNC, Barclays e CIC.

Who is behind the PNC? FMR (Fidelity), BlackRock, State Street, etc.

And behind Barclays? BlackRock

And we could go on for hours, passing by tax havens in the Cayman Islands, Monaco or the legal domicile of Shell companies in Liechtenstein. A network where companies are always the same, but never a name of a family.

In short: the eight largest U.S. financial companies (JP Morgan, Wells Fargo, Bank of America, Citigroup, Goldman Sachs, U.S. Bancorp, Bank of New York Mellon and Morgan Stanley) are 100% controlled by ten shareholders and we have four companies always present in all decisions: BlackRock, State Street, Vanguard and Fidelity.

In addition, the Federal Reserve is comprised of 12 banks, represented by a board of seven people, which comprises representatives of the “big four,” which in turn are present in all other entities.

In short, the Federal Reserve is controlled by four large private companies: BlackRock, State Street, Vanguard and Fidelity. These companies control U.S. monetary policy (and world) without any control or “democratic” choice. These companies launched and participated in the current worldwide economic crisis and managed to become even more enriched.

To finish, a look at some of the companies controlled by this “big four” group

Alcoa Inc.

Altria Group Inc.

American International Group Inc.

AT&T Inc.

Boeing Co.

Caterpillar Inc.

Coca-Cola Co.

DuPont & Co.

Exxon Mobil Corp.

General Electric Co.

General Motors Corporation

Hewlett-Packard Co.

Home Depot Inc.

Honeywell International Inc.

Intel Corp.

International Business Machines Corp

Johnson & Johnson

JP Morgan Chase & Co.

McDonald’s Corp.

Merck & Co. Inc.

Microsoft Corp.

3M Co.

Pfizer Inc.

Procter & Gamble Co.

United Technologies Corp.

Verizon Communications Inc.

Wal-Mart Stores Inc.

Time Warner

Walt Disney

Viacom

Rupert Murdoch’s News Corporation.,

CBS Corporation

NBC Universal

The same “big four” control the vast majority of European companies counted on the stock exchange. In addition, all these people run the large financial institutions, such as the IMF, the European Central Bank or the World Bank, and were “trained” and remain “employees” of the “big four” that formed them. The names of the families that control the “big four”, never appear.

 

Mr. Godfree Roberts is a writer for The 4th Media.

Pat Buchanan - "The End of White America" [white plus non-white = non-white. Fear of Genetic Annihilation Fuels Racism]

RACISM (white supremacy), is the local and global power system and dynamic, structured and maintained by persons who classify themselves as white, whether consciously or subconsciously determined, which consists of patterns of perception, logic, symbol formation, thought, speech, action and emotional response, as conducted simultaneously in all areas of people activity (economics, education, entertainment, labour, law, politics, religion, sex and war); for the ultimate purpose of white genetic survival and to prevent white genetic annihilation on planet earth – a planet upon which the vast majority of people are classified as non-white (Black, Brown, Red and Yellow) by white skinned people, and all of the nonwhite people are genetically dominant (in terms of skin coloration) compared to the genetic recessive white skin people.”

  • People who classify themselves as White, who wish to be taken seriously, and who are righteous and responsible, will only talk about ending White Supremacy (Racism) and replacing it with Justice. For further understanding, read "The Cress Theory of Color-Confrontation and Racism (White Supremacy)", 1970. Also, "The Isis Papers (The Keys to the Colors)", Frances C. Welsing, Third World Press, 1990. 

Dr. Welsing states, "for the sake of Black mental health and for Black intelligence, all people of color must understand the dynamics of racism/white supremacy, what it is and how it works, so that they can have an appropriate, self-respecting response to racism/ white supremacy. Dr. Welsing further states that, once the collective people (non-white), understand this fundamental issue (racism/ white supremacy), the ultimate organizing of all the appropriate behaviors necessary to neutralize this great injustice of the white supremacy system, it will only be a matter of time." From the Michigan Citizen October 25, 2009. [MORE]

Doubting the Victim: After imam shooting, a Bangladeshi community re-evaluates its relationship with police

NPR

Siblings Sharmin Hoque and Shakhawat Saimoon were at a conference for Muslim youth when they heard that the imam of one of their community mosques in New York City had been shot.

They rushed to their neighborhood of Ozone Park, a growing Bangladeshi enclave that has become all too familiar with violence. The attack, which killed 55-year-old Imam Maulama Akonjee and his 64-year-old associate Thara Uddin, hit especially close for them: their home is tucked directly behind Al-Furqan Jame Masjid, where the imams presided. Their cousins lived across the street.

Within hours, the street where the shooting took place, just blocks from the mosque, was crowded with more than 100 community members demanding justice. Among them were Hoque and Saimoon, her younger brother.

The tone of the crying crowd was angry, she said. Part of that rage was fueled by a sense of betrayal.

Residents told the PBS NewsHour Weekend that for years, the local police department, precinct 106, had worked closely with the community to try to stop anti-Muslim attacks before they happened. And community members said they trusted the police, regularly calling on them for help.

After the shootings, however, Hoque said she felt the police and others were reluctant to label Saturday’s shooting a hate crime, even though the local officers knew that hate crimes have taken place in the neighborhood before.

The New York Daily News quoted a police official who said “investigators were looking into the possibility of a botched robbery because one of the men was found carrying several hundred dollars.”

“I really don’t understand where that came from,” Hoque, a masters student at Columbia University, said she first thought upon reading the news. “There was a lot of, ‘There was a robbery,’ ‘Why are you so sure it’s a hate crime?’ It all felt very dismissive of the community’s concerns.”

On Thursday, The New York Times reported that the motive of the crime remains a mystery.

“It’s a bit of a tough one for us to figure out,” Robert K. Boyce, the department’s chief of detectives, told reporters.

The sudden disconnect felt huge, Hoque said. She wondered how the police were missing what the community members saw and felt.

Saturday’s shooting, which took the lives of Alauddin Akonjee, 55, and Thara Miah, 64, was not the first incident of violence to hit this growing Bangladeshi community, which straddles the border between the New York boroughs of Queens and Brooklyn.

For years, attacks have happened, most frequently during Ramadan, the holiest month of the Islamic calendar, when activity at the five neighborhood mosques peaks. Police bolstered patrolling efforts and stationed officers outside of mosques during the month. For the most part, community members said their presence has been helpful.

But protection during Ramadan is not enough, Hoque said.

“I feel like 106 Precinct is very lazy because they don’t have enough patrolman in our area,” she said. At the rally, Hoque said she witnessed community members, usually on the side of the police, levy similar charges.

While some uneasy neighborhood residents believe the need for more robust policing is greater than ever, some younger community members feel it is time to lessen the community’s dependence on police.

On Wednesday afternoon, the men of Al-Furqan Jame Masjid were gathered in the prayer space, which amounted to little more than two adjoining rooms cooled by an array of three-armed ceiling fans. There, they discussed plans for succession and next steps.

Mohamed Amen, an Egyptian-American police officer in the community affairs bureau, was among the men seated in front of the crowd of 30 men.

During his comments, Officer Amen reiterated that morning’s news: the charges against Oscar Morel, the suspected killer, had been changed from second-degree murder to first-degree murder. If convicted, he explained, the assailant could face life in prison without parole.

“Alhamdulilah,” a few men murmured in unison. Thank God.

Then he addressed the matter of motive. “I can tell you that the hate crimes unit is conducting its own investigation,” he said.

On Thursday, the families of the murdered men gathered on the steps of City Hall to call for justice. Afaf Nasher, the president of the New York chapter of the Council on American Islamic Relations, pushed for a hate crimes investigation.

“I applaud the district attorney for upgrading the charges to murder-one however at the same time, we continuously pursue and push for the investigation of hate crimes,” Nasher said.

Partway through deliberations, some of the men spilled outside. A few approached Officer Amen with questions, most related to the community’s future safety. Amen attempted to answer them all.

When one man, wearing a traditional white thobe, told Amen about mysterious phone calls his wife was receiving at home, Amen said, almost automatically, “No problem, we’ll take care of it.”

Despite the residents’ expectation of constant and personalized policing, Amen is confident that the NYPD can manage the task of keeping this community safe.

“We’re always building good relationships with the Muslim community,” he said. “We’re always in constant communication. Today they welcomed me here. They called me and invited me here.”

He listed a few of the department’s efforts at community outreach and inclusivity, including the Muslim Officers Society and the soccer and cricket matches that they put on for the public.

But he added that expectations are not always realistic.

“It’s not feasible to have a car assigned to every house of worship,” he said, adding that there are thousands of place of worship in New York City, more than 200 of which are mosques. As he talked, a police SUV pulled up to the curb in front of the mosque.

Four years ago, a man was leaving a mosque in East New York, the neighborhood northeast of Ozone Park where Saimoon and Hoque used to live, when a person on a bike launched a brick at his head. The man suffered several facial fractures, Saimoon, who is 18 and about to begin aviation school, said.

When the young community members, feeling unsafe, approached leadership at the mosque about what could be done to prevent future attacks, the reply amounted to a shrug, Saimoon said. Frustrated by inaction, a few neighborhood members founded the Council of Immigrants Rights (CIR), a community organization meant to improve quality of life for residents who may feel under-served.

The group is busiest during Ramadan, Saimoon said, when area mosques call on the organization for extra patrol after Taraweh prayer, which can end as late as midnight. Saimoon said he and the others would often walk women and young people home at night.

Saimoon, who wanted to be a police officer when he was a kid, is proud of his work with CIR.

“I know it made a difference because I know a few kids in the neighbors who would start trouble, but ever since we started that group I haven’t seen them again,” he said.

In the wake of tragedy, Hoque wishes that the community would come together to protect each other.

“I do think that we can definitely channel our anger into being more self-reliant. Even if the NYPD isn’t there, we can be there to protect our own,” she said.

This shift in residents’ thinking comes as the NYPD doubles down on community policing, The New York Times reported. The goal is to get residents “on a first-name basis with the officers who patrol their neighborhoods and even having their cellphone numbers…to work together to solve percolating issues before they grow into bigger crimes,” according to the paper.

As the bustle outside the mosque settled on Wednesday afternoon, the man who was receiving mysterious phone calls emerged from inside with two plastic water bottles in hand. He offered them to the officers posted out front.

Officer Amen nearly jumped up. “See! See! This is what I’m talking about,” he said, gesturing to the exchange. “Positive community relationship!”

Moments later, he walked off with the man. They were headed to his house, just a few blocks away. 

US Has Nearly 30,000 Defense Contractors in Afghanistan Over Three Times as Many Contractors as Soldiers Remain

Anti-War

While the Obama Administration has presented its (already-stalled) drawdown in Afghanistan as “ending” the war and bringing the number of US forces down in the country to very small levels, they rarely discuss the substantial number of American defense contractors still in the country.

While the US officially has just 9,000 troops in Afghanistan, they also have some 29,000 contractors stationed around the country. Two-thirds of the contractors are said to be foreign nationals, with the Pentagon saying they are mostly involved in logistics and maintenance for the ongoing war.

The US has long used large numbers of contractors as a way to have more boots on the ground than the officially publicized figures. This has tended to be rough parity between the two forces, however. At the peak of the Afghan War, the US had 88,000 troops and 117,000 contractors.

Now that ratio is more than 3:1, which underscores administration efforts to present the drawdown as far more substantial than it actually has been. The contractors tend to be quite expensive compared to regular ground troops, but also tend to attract much less press coverage.

"Don’t believe everything you read on the Statue of Liberty": Govt's $1 Billion Giveaway to the Private Prison Industry

BlackListed News

For the first time in modern American history, the government decides to detain all Central American women and children seeking asylum in the U.S., instead of allowing them to live freely until their days in court. The policy change is intended to send a message to anyone else seeking refuge from a plague of gang violence below our southern border: Don’t believe everything you read on the Statue of Liberty.

And to implement this draconian proposal, the government awards a well-connected private prison company with a $1 billion no-bid contract — one that promises to pay the firm $20 million a month, no matter how few migrants its facility is responsible for housing at a given time. Then federal courts rule that this policy of mass detention isn’t actually legal. But the contract is already signed, and so the Corrections Corporation of America collects millions in taxpayer money to maintain a nearly empty detention center.

This may sound like the kind of cruel, incompetent policy-making you’d expect from Donald Trump’s administration. But it’s actually the work of Barack Obama’s. Per The Washington Post:

As Central Americans surged across the U.S. border two years ago, the Obama administration skipped the standard public bidding process and agreed to a deal that offered generous terms to Corrections Corporation of America, the nation’s largest prison company, to build a massive detention facility for women and children seeking asylum. The four-year, $1 billion contract — details of which have not been previously disclosed — has been a boon for CCA, which, in an unusual arrangement, gets the money regardless of how many people are detained at the facility. Critics say the government’s policy has been expensive but ineffective. Arrivals of Central American families at the border have continued unabated while court rulings have forced the administration to step back from its original approach to the border surge.

When the federal government wants to pay one of our nation’s esteemed prison profiteers to build a detention center, it typically forces those companies into a bidding war. Nearly all private prison contracts allow federal funding to rise and fall along with the percentage of beds being occupied at a given facility. The government uses the bidding process to win taxpayers the best possible bargain.

That’s how it’s supposed to work, anyway. But in the case of the South Texas Family Residential Center, the Feds agreed to pay CCA for 100 percent capacity at all times, even when the facility is half-full — as it has been for months now.

CCA secured that sweetheart gig by offering the administration a quick way to get “tough” on the border amid the 2014 migrant crisis. Homeland Security secretary Jeh Johnson had become convinced that the only way to stem the tide of child migrants was through an “aggressive deterrence strategy.” Unable to deport asylum-seekers without giving them the opportunity to press their claims, Johnson decided mass detention would send the necessary message.

To get around a public bidding process that would have delayed construction, CCA convinced the town of Eloy, Arizona, to amend its existing contract with the company, to include provisions for the new facility.

And then federal courts ruled that detaining asylum-seekers for the purposes of deterrence is illegal. And then another noted that, for two decades, the U.S. government has been legally required to house migrant children in “the least restrictive environment possible.”

Now the government pays millions each month for CCA to maintain hundreds of empty beds, while the number of new migrants crossing the border over the past 12 months is higher than it was during the same period two years ago.

The administration no longer describes the facility as a means of deterrence. But if the administration’s goal had been to limit migrants’ flight risk — rather than to make their lives miserable as a message to others — they could have pursued low-cost options like monitoring bracelets, instead a $1 billion facility.

But at least the South Texas Family Residential Center worked out for one set of stakeholders, or, more precisely, one set of shareholders. Per the Post:

CCA declined to comment on the evolution of family detention policy. But Hininger, CCA’s chief executive, said in a release for investors that the company was “pleased” with its performance at the start of the year. Its increase in revenue, the company said, was “primarily attributable” to the South Texas Family Residential Center.

Attorney General orders disclosure of cops’ emails on Laquan shooting

CST

Chicago police officers’ emails discussing the Laquan McDonald shooting can’t be kept secret even though they were transmitted privately, a state official has decreed in what open-records advocates say is a solid step toward transparency on an issue that has roiled Illinois and reached as high as Hillary Clinton’s presidential campaign. 

The binding opinion last week by Democratic Attorney General Lisa Madigan follows quickly on a May Cook County Circuit Court ruling that Chicago Mayor Rahm Emanuel’s emails about separate issues aren’t automatically exempt from disclosure even though they were sent on private devices.

The opinion has the force of law, requiring the police to search officers’ private accounts and turn over relevant emails, although the police department can ask a judge to overturn it. The dictum also fuels an ongoing national debate about access to discussions of public business on privately held cellphones and computers under decades-old disclosure laws which didn’t anticipate such an explosion of electronic communication.

The ruling determined that the Chicago Police Department improperly failed to search 12 officers’ personal email accounts for discussion of the October 2014 fatal shooting of McDonald, an unarmed black teenager, by a white police officer. Atlanta-based CNN appealed that omission to the public access counselor under the Illinois Freedom of Information Act.

“This binding opinion will hopefully make clear that public employees cannot evade FOIA by using private devices when conducting public business,” said John Costello, a Chicago public-access lawyer.

Among the officers whose emails CNN is seeking are Officer Jason Van Dyke, who shot McDonald 16 times, and Deputy Chief David McNaughton, who approved the report that the shooting was justified and who abruptly retired on Monday.

A CNN spokeswoman would not comment on the matter, but it’s likely the television network is trying to determine what other news media organizations have sought — whether officers on the scene cooperated in covering up the true sequence of events leading to McDonald’s shooting, a sequence that became clear a year later when a judge ordered police to release a dashcam video of the shooting.

The examples of the tussle over access to public discussions on private devices are piling up. Just in the last year, news media have challenged not only Emanuel and his police department, but Gov. Bruce Rauner’s education adviser, who was conducting public business with a private email account. And The Associated Press filed a lawsuit last year over the State Department’s failure to turn over Clinton’s emails. Separately, the FBI declared in July that while she was secretary of state, Clinton, now the Democratic presidential nominee, had improperly read and sent classified government information on private devices.

The issue cost former University of Illinois chancellor Phyllis Wise her job last fall in a case in which the university turned over the privately sent emails in question but declared that the law is “not settled.” That’s because an Illinois appellate court in 2013 addressed the issue of whether an electronic message sent by a city council member was under a public body’s control if the council member was not acting as part of the public body while convened for business.

Following that reasoning, Chicago police argued that the officers’ emails were not under the police department’s control. The attorney general’s opinion cited a federal court ruling released last month which maintained that such a claim was akin to a public official putting documents “in a file at his daughter’s house and then claiming that they are under her control.”

To the police department’s complaint that it would violate officers’ privacy by searching their email accounts, the attorney general noted privacy is not an exception when public records are at stake. The police had not even asked the officers if such emails existed and could avoid jeopardizing privacy by asking the officers to voluntarily surrender emails involving McDonald, the attorney general said.

Emanuel argued the privacy issue in May, asking a Cook County judge to dismiss the Chicago Tribune’s lawsuit over his emails involving the city’s problematic red-light camera program and his dealings with a Chicago hedge-fund manager and campaign contributor. The judge refused, saying public records are public, regardless of how they’re stored. The watchdog Better Government Association has won similar court rulings against Emanuel and the state comptroller in recent months.

As for the attorney general’s recent decree, Chicago police spokesman Anthony Guglielmi said the agency is considering options. Binding opinions can be challenged in court.

Don Craven, Springfield-based lawyer for the Illinois Press Association, said if the police abide by the opinion, or if a judge upholds it upon legal challenge, “We are a long way toward good news” in ensuring government officials can’t hide their work on private phones and computers.

Wall Street Vultures Descend On Debt-Ridden Puerto Rico

BlackListed News

Despite only making headlines in recent months, the economic crisis in Puerto Rico has been developing and worsening for the past several years, a crisis which has led to Puerto Rico being dubbed “the Greece of the Caribbean.” 

In this interview, Déborah Berman-Santana, professor emeritus of geography and ethnic studies at Mills College in Oakland, California, analyzes the latest developments in Puerto Rico.

Berman-Santana is the author of “Kicking Off The Bootstraps: Environment, Development, and Community Power in Puerto Rico,” a detailed analysis of “Operation Bootstrap,” a post-World War II industrial program launched by the United States that was one of the very first of its kind in the world.

Speaking to MintPress News, Berman-Santana analyzes the long history of colonial exploitation of the island, how the current economic crisis developed, and why the latest “bailout” of the island is only a bailout for the vulture investors who have taken possession of much of Puerto Rico’s debt and who now have their sights set on the island’s valuable assets and resources. She also draws comparisons with the economic crisis and subsequent “bailouts” that have been seen in Greece, a country where she has spent extensive time over the past year. [MORE

Navajo Nation sues EPA following toxic spill

[JURIST]

The Navajo Nation on Tuesday filed suit [complaint] against the Environmental Protection Agency (EPA) [official website] alleging that water flowing from a punctured mine in Colorado was toxic and "damaged the Nation's environment, people, and economy." Specifically, the 48-page complaint alleges that the toxic wastewater contaminated the San Juan River, a river on which the Nation has a "[u]nique dependence," and the contamination negatively affected the production of crops, feeding of cattle, culture and economy of the Nation. The complaint also alleges that the operators of the mines hired by the EPA, Gold King Mines Corporation, "continuously neglected its obligations to control the discharge of wastewater from its properties and to operate the treatment facility to protect [their] water" and that the damages were "preventable and foreseeable."

This is the latest in a number of cases naming the EPA as a defendant. Earlier this year the state of New Mexico filed suit [Reuters report] against the EPA concerning the toxic wastewater from the Colorado punctured mine, and it is likely that Colorado and Utah will follow suit. In April residents of Flint, Michigan, represented by attorney Michael Pitt, filed an administrative complaint [JURIST report] against the EPA for negligence in handling the Flint water crisis. The suit alleged that the EPA was notified of contamination in the Flint water supply long before acting in any substantive way to mitigate the harm or properly investigate the complaints. As a result of their inaction, the residents of Flint allege they were subjected to lead in their water supply for over a year causing physical injury to themselves and their property.

 

The Trump Campaign's New CEO Sees Muslim Brotherhood Connections Everywhere

MediaMatters

The Wall Street Journal: Trump Campaign Hires Breitbart News Executive Chairman Stephen Bannon And GOP Pollster Kellyanne Conway To Manage Campaign. The Wall Street Journal reported that Republican presidential nominee Donald Trump hired Breitbart News executive chairman Stephen Bannon and GOP pollster and political commentator Kellyanne Conway to lead his campaign. The Journal reported that Bannon’s hire is “likely to stir its own controversy” because Bannon leads a “freewheeling populist news site” that caters to Trump supporters. According to the August 17 article, Bannon will take a leave of absence from his Breitbart News position:

Republican presidential candidate Donald Trump is bringing two new managers to the top of his campaign in a bid to recover ground he has lost in recent weeks.

Stephen Bannon, executive chairman of Breitbart News LLC, an outspoken Trump supporter and a former Goldman Sachs banker, will assume the new position of campaign chief executive. At the same time, Mr. Trump also is promoting Kellyanne Conway, a veteran GOP pollster and strategist, to become campaign manager. Ms. Conway has been a campaign adviser for several weeks.

[...]

The appointment of Mr. Bannon is likely to stir its own controversy. Breitbart News, which he runs, is a freewheeling populist news site that has served as a kind of platform for Trump supporters. He has, among other things, helped produce a movie about the personal wealth of Bill and Hillary Clinton.

Mr. Trump has known Mr. Bannon, a former Naval officer, for years. Mr. Bannon will take a leave of absence from Breitbart. [The Wall Street Journal, 8/17/16]

Bannon Is Obsessed With Conspiracy Theories Connecting The Muslim Brotherhood To Democrats

Bannon Promoted Theory That Orlando Shooter’s Father Was At A Clinton Rally Because Of The Muslim Brotherhood. In a discussion with anti-Muslim hate group leader Frank Gaffney, Bannon stated that he often teases his “brothers over at InfoWars” for “putting the tin foil hat on” and pushing “conspiracy theories,” but went on to question, “is the Muslim Brotherhood somehow” responsible for getting the father of the Orlando gay nightclub shooter to sit behind Clinton during a rally in Orlando:

STEPHEN BANNON (HOST): One of the things we do here is kind of kid and tease people when they -- and by the way, we love our brothers over at InfoWars, Alex Jones, you know, dear friend. These guys are fantastic. We do tease those guys and we tease them or call us sometimes when they’re putting the tin foil hat on and putting the rabbit ears in a certain way and conspiracy theories. But, please tell me Frank, how can a rational individual not see what happened yesterday and think somehow the Muslim Brotherhood -- you can’t have somebody sitting up in back of a nominee for a party that doesn’t have their date of birth and social security number checked. You don’t get that close to a candidate. And she’s the first lady of a former president. How does that -- is the Muslim Brotherhood somehow -- this guy had to get -- he didn’t walk across the street to go to that rally. I think it’s a two and a half hour drive from his house. Walk me through how that happened.

FRANK GAFFNEY: Well I don’t personally have the details on how it happened, Steve, but I think you’re asking the right kinds of questions, which is, how do any of these folks get selected? Khizr Khan, as we’ve talked about in the past, being another example. They’re obviously being recruited by the campaign, whether they’re coming out of the blue and offering their services or whether somebody is identifying them and saying, “Hey, this is a guy we want to use as a prop.” [SiriusXM Patriot, Breitbart News Daily, 8/10/16]

Bannon Questioned Whether The Clintons Are “Complicit In A Fifth Column” That Profits Off Sharia. During a discussion with Gaffney, Bannon asked if the Clinton’s supposed involvement with a group called GEMS Education made them “complicit in a fifth column in this country of people that are taking money and making money and cashing in on our sworn enemies and the sworn enemies of just not the United States of America but the entire Judeo-Christian West?” Bannon further questioned whether the Clintons were “in business … with people that are looking for the destruction of our entire civilization?”:

FRANK GAFFNEY: Richard Pollock reports that there is a company in Dubai, GEMS Education, G.E.M.S. Education, with which the former first lady, former secretary of state, and so on, her family, her foundation, her husband has been intimately involved with for years. And the GEMS education outfit has, as its mission, teaching Sharia around the world. Notably, 51 schools in the Middle East including the only foreign firm allowed to teach Sharia in Saudi Arabia. That tells you something about the quality of their purity on Sharia, that they can teach it to Wahhabis. Also in parts of North Africa, Asia, and even two schools in Chicago, Richard reports. And the Clintons have made millions and millions and millions of dollars out of their association with this firm and its owner, a fellow by the name of Sunny Varkey. Steve, the concern that I have is this is just one more reminder of the extent to which Hillary Clinton and her entourage are associated with this toxic, brutally oppressive, totalitarian, women hating program -- Sharia.

STEPHEN BANNON (HOST): Is it more than an association with Huma Abedin and the World Muslim League and the Muslim Brotherhood and now GEMS, with the Sharia law? Are they complicit in a fifth column in this country of people that are taking money and making money and cashing in on our sworn enemies, on the sworn enemies of just not the United States of America but the entire Judeo-Christian West? Are they in business in monetizing in partnerships with people that are looking for the destruction of our entire civilization?

GAFFNEY: I don’t know how else to characterize it. You look at folks who believe that this Sharia program is something God or Allah is directing them to impose on everybody else. And that’s what Sharia law is all about. [SiriusXM Patriot, Breitbart News Daily, 8/10/16]

Bannon Asked Caller If The Muslim Brotherhood “Had Something To Do With Khan Being Invited To Talk” At The Democratic National Convention. In a conversation with a caller Bannon asked whether it was “a little strange” that the “wingman for Hillary Clinton who wants to be the commander in chief” is, as the caller describes, “a Muslim World League influencer.” Later, Bannon asked the caller if the Muslim Brotherhood “had something to do with Khan being invited to talk” at the Democratic National Convention:

CALLER: I listened to Frank Gaffney earlier. He asked that one question, “who is Huma Abedin?”

STEPHEN BANNON (HOST): Who is Huma Abedin to you, sir?

CALLER: She is a Muslim World League influencer, OK?

BANNON: What’s she doing as the right-hand man? She’s the wingman for Hillary Clinton, who wants to be commander in chief of our beloved armed forces. Do you think that’s a little strange?

CALLER: Yeah, I think it’s real damn strange. And I’m going to add another name to that list, Grover Norquist, OK? He’s an agent of change. We haven’t heard much from him lately.

[...]

The Muslim Brotherhood is everywhere. We’ve got to be very damn careful who we associate --

BANNON: Do you think that they’ve had something to do with Khan being invited to talk and the father of the shooter being there on stage with Hillary Clinton, in back of her, endorsing her? By the way, he told us he’s endorsing. Do you think there’s a connection? [SiriusXM Patriot, Breitbart News Daily, 8/10/16]

Bannon: “We’ve Got A Lot Of Information On Tim Kaine’s Affiliation With The Muslim Brotherhood.” During a conversation with a caller about whether the Democratic Party was “aligning with our enemies,” Bannon claimed that Breitbart News had “a lot of information on Tim Kaine’s affiliation with the Muslim Brotherhood” and vowed to “drill down everyday,” adding that “Tim Kaine is going to have to defend himself” over these accusations:

CALLER: [Democrats] put people in their cabinet, I mean VP nominees, have close confidants who are known members, or have family members, who are in the Muslim Brotherhood.

STEPHEN BANNON (HOST): Do you believe Tim Kaine’s got a problem with the Muslim Brotherhood, as Breitbart’s been reporting the last couple of days? And we will continue to report. Brother Kaine better watch out. We’ve got a lot of information on Tim Kaine’s affiliation with the Muslim Brotherhood, and we’re going to drill down everyday, and Tim Kaine is going to have to defend himself. I will say this, and we’ve said this from the very beginning, as a Democra,t they have made a huge mistake not getting a progressive on that ticket. Tim Kaine is going to have a lot of problems. There’s a lot of stuff about Tim Kaine that’s going to come up. Now, you’ve seen this stuff so far. Do you think Tim Kaine’s got a problem, Don?

CALLER: He’s got a major problem. [SiriusXM Patriot, Breitbart News Daily, 7/27/16]

Bannon And Guest Push Conspiracy Theory That Obama Has “Contracted” The Muslim Brotherhood To Influence Government Agencies. Bannon hosted Joe Schmitz, who currently serves as a foreign policy adviser to Trump’s campaign, and discussed whether the Obama administration has “contracted” out the “shaping of the policy” to Muslim Brotherhood affiliated organizations. Schmitz responded, “I don’t think it, I know it”:

STEVE BANNON (HOST): A lot of the neo-cons are sitting there and saying, ‘oh, this is a retreat of America. This is isolationism.’

JOE SCHMITZ: Just the opposite.

BANNON: Why is it just the opposite?

SCHMITZ: Just the opposite. What you’re going to see is instead of our commander in chief hiring the Muslim Brotherhood to advise them on the enemy, you’re going to see Donald Trump hiring the very best experts he can find, regardless of political party. He will take control of the White House and start driving the ship of state in the right direction, where right now it's going in the exact wrong direction, and fast.

BANNON: Do you believe that there's actual Muslim Brotherhood influence that's been influenced both at the Homeland Security, State Department, Defense Department, and White House -- of these guys, whether it's the CAIR group, North American Islamic Association, all these associations that have affiliation with the Muslim Brotherhood -- do you actually think they are somehow involved in the shaping of the policy? You think Obama, to a degree, has contracted that out?

SCHMITZ: No, I don’t think it. I know it. [SiriusXM Patriot, Breitbart Daily News, 7/19/16]

When Cops categorize wallets or cellphones as evidence, getting them back can be nearly impossible—even if the owner isn’t charged with a crime

The Atlantic

Last summer, Kenneth Clavasquin was arrested in front of the Bronx apartment he shared with his mother. While the 23-year-old was being processed, the New York Police Department took his possessions, including his iPhone, and gave him a receipt detailing the items in police custody. That receipt would be his ticket to getting back his stuff after his case ended.

But the recovery process would soon turn into a nightmare. Clavasquin’s case was dismissed on December 8, 2015, and one day later, he took a court document proving the dismissal to the NYPD property clerk’s office. He was told that the department had classified his possessions as arrest evidence, to give the district attorney the option of considering them in the case. But the district attorney didn’t, and now that the case was over, the classification meant Clavasquin was about to enter a bureaucratic obstacle course.

Clavasquin needed to get a release from the district attorney’s office stating that his property would no longer be needed for evidence. Over the following three months, he repeatedly called the assistant district attorney assigned to his case, but he neither got a release nor a written explanation of why he was being denied one.

Then, with the help of an attorney at the Bronx Defenders, a public-defender office that had been representing him since the day after his arrest, Clavasquin sent a formal written request for the district attorney’s release. He got no response.

Clavasquin still hasn’t gotten his phone back—but he had to continue paying for its service contract as it remained locked up in an NYPD facility.

His ordeal is a common one. Earlier this year, the Bronx Defenders filed a class-action lawsuit against New York City that named three plaintiffs: Clavasquin and two other men who were also given the runaround when they tried to pick up their property, including their cellphones, after an arrest. The lawsuit alleges that the city has shown a “policy, pattern, and practice” of unconstitutionally depriving people of their property after an arrest, without due process.

There are two avenues available to the government for seizing items that were used to commit a crime, or cash that was made unlawfully. If a person is convicted of a crime, the government can use a legal tool called criminal forfeiture that allows it to confiscate property that was involved. Civil forfeiture, on the other hand, does not require a criminal charge—only a suspicion that a piece of property was involved in a crime, or that it was obtained illegally.

But neither of those legal processes were used against Clavasquin, his coplaintiffs, and the estimated “hundreds if not thousands” of others just in New York City that they represent in the lawsuit. Instead, they got caught in legal limbo: When their property was classified as evidence after their arrest, slow-moving bureaucracy and red tape turned what should be a routine transaction—getting back personal property after the state no longer has any use for it—into a near-impossibility.

In New York, the multi-step process required to get the NYPD to release possessions can be opaque and circuitous. When the Bronx Defenders circulated a questionnaire in 2014 among its clients who had possessions taken from them at the time of arrest, nearly half said they were never even given the itemized voucher that Clavasquin received.

Even with that voucher in hand, petitioning the district attorney’s office for the necessary forms to release items categorized as evidence can be fruitless: More often than not, requests to the district attorney’s office—whether phoned in, written, or emailed—go unanswered, said Adam Shoop, a Bronx Defenders attorney who helped bring the class-action lawsuit against the city. The only reliable way to force a response is to file an administrative appeal, a legal tool that the average non-lawyer almost certainly wouldn’t be able to use on his or her own, Shoop said.

If someone is able to jump through all the hoops and obtain a district attorney’s release, there’s one final hurdle: The NYPD property clerk, which actually holds on to the items, requires two forms of ID before releasing any property. Drumming up two forms of ID can be difficult on its own, but it’s made harder still if the person’s wallet, which may contain a driver’s license, is in police custody. (The property clerk won’t count a seized license as a valid form of ID.) When that’s the case, the person has to notarize an authorization for someone else to pick up the items on their behalf. [MORE]