Showing posts with label FBI. Show all posts
Showing posts with label FBI. Show all posts

Friday, January 21, 2011

Va. Teen Detained in Kuwait Returns to U.S.

Gulet Mohamed, a 19-year-old U.S. citizen from Alexandria, entered the arrivals terminal nearly two hours after his United Airlines flight landed. His attorneys said he had been kept after the flight by U.S. Customs and Border Protection agents.

As he emerged from the gate around 8:40 a.m., his brother Abdi Mohamed, 28, sprinted over and hugged him, shouting "Gulet!" repeatedly.

A sea of media then engulfed the teenager, even before he had a chance to embrace his mother. Mohamed - dressed in a worn hooded sweat shirt and sweat pants, his baby face framed by a fuzzy beard - smiled and pulled his hood over his face.

"My voice has been heard," he said moments later. But "there's other Muslims and non-Muslims that are still being tortured."

Wednesday, December 15, 2010

Shut Up!

After 35 years of practicing law in the trenches of state and federal courts, I have narrowed my advice for all my clients down to one, simple, direct sentence: "Shut Up."

No kidding. Really. Just shut up.

Living in Florida, I have come to love deep-sea fishing. Enter my law office, and on my walls, above my desk, staring and glaring at my clients, is a stuffed, six-foot steel blue Marlin. Below the fish is a plaque that reads: "Behold the beautiful, majestic Marlin. He would not be here if he had not opened his mouth."

When you are a 7-year-old kid growing up, and your mom catches you with your hand in the cookie jar, you inevitably and sheepishly try to come with an excuse. Mom pushes and prods you to confess, and you do. She then hugs and kisses you, and you make up as she tells you everything is going to be all right.

It does not work that way with a cop when he pulls you over. The police are not your parents. The sheepish lie you first tell him becomes a prior inconsistent statement that is going to be used in a court of law against you. The cop does not hug you, kiss you, and make up. He searches you, arrests you, and locks you up. So what you should do is just shut up.

Do not bargain with cops, negotiate with cops, or promise deals you cannot deliver on. The promises they make on the street are not binding in the courts where prosecutors charge you. Deal with the reality that if you are caught with drugs you are now the prisoner of a drug war. In war, you are only required as a prisoner to give your name, rank, and dog tag number. Do not give consent to search your car, your person, or invite cops back to your home. Do a Nancy Reagan: just say no.

As my friend William Panzer says, an Oakland, California based criminal defense attorney, also on the NORML Board of Directors, "If everyone kept their mouth shut, half the people in jail would not be there. The cop's job is to put you in a cage and anything you say beyond identifying yourself helps them put you there." His advice too: "Shut up."

Read On: Counter Punch

Tuesday, December 07, 2010

Aspirational vs. Operational

Although many argue that this was simply entrapment, evidence does indicate that Mohamud became increasingly radicalised and voluntarily continued with the FBI's fake terror plot. Regardless, CAIR attorney Zahra Billo told me, "The FBI seek out troubled people – nobody is arguing that some of these individuals aren't deeply troubled – and then enable and facilitate their aspirations. It is the FBI's job to stop operational terrorists. It is not the FBI's job to enable aspirational terrorists."

Tuesday, November 30, 2010

Local Muslim Leaders See Portland Terror Plot Arrest As Possible Entrapment

San Jose: Local Muslim leaders said Monday they were concerned the Portland terror plot arrest over the holiday weekend could be possible entrapment by the FBI.

Watch Video: Here

Thursday, October 28, 2010

Wednesday, June 30, 2010

ACLU Mounts First Legal Challenge to No-Fly List

The American Civil Liberties Union plans to sue the U.S. government Wednesday on behalf of 10 citizens or legal permanent residents who have been placed on a no-fly list and, in some cases, stranded abroad.

In the suit, the ACLU accuses the government of violating the plaintiffs' constitutional rights.

The number of names placed on the list has increased significantly since the attempted bombing of a Detroit-bound aircraft on Christmas Day, U.S. officials said. Some Americans have been barred from flying home from overseas because their names were listed.

The ACLU says Americans are being deprived of their rights as citizens and of due process.

"It really is abominable that they would treat U.S. citizens this way," said Ben Wizner, a staff lawyer at the ACLU's National Security Project. "There is simply no legal basis for placing a U.S. citizen into involuntary exile. And to use a secret government list without any process to accomplish that goal is so un-American and so unconstitutional."

Full Story: Washington Post

Friday, June 11, 2010

The FBI Knocked On My Door!

This is a great video. This woman walks through an entire real life encounter with the FBI, including breaking down each part of her encounter with rules.



If you have not read anything I've posted about this, don't worry about it. Watch this video instead. AND please show it to your family and friends.

Tuesday, May 18, 2010

ALERT: Reports of FBI Visits Prompt Reminder of Legal Rights

(SANTA CLARA, CA, 5/18/2010) -- The San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA) said today that CAIR offices nationwide have been receiving an increasing number of reports of FBI agents, along with local law enforcement and Department of Homeland Security officers, visiting and interviewing American Muslims, particularly members of the Pakistani and Yemeni community. Reports received by CAIR-SFBA describe visits by the FBI as "community outreach" visits.


Considering recent events, and the increase in FBI/Joint Terrorism Task Force-related (JTTF, including officers from the Department of Homeland Security and local police or sheriff departments) incidents reported to our office, it is important that Muslims understand their rights when visited by FBI/JTTF at their home or workplace:

1) Understand that your providing information to the FBI or any law enforcement, absent a subpoena, is strictly voluntary. You are not obligated under law to answer any of law enforcement's questions, other than giving your name and sometimes your address.

2) You may choose to have an attorney accompany or represent you for any interview or questioning. We strongly recommend you consult with an attorney regarding the risks and benefits of being interviewed by law enforcement in your specific case. CAIR-SFBA may provide legal assistance, or can refer you to an attorney.

3) If an FBI/JTTF agent shows up at your home or workplace, and they do not have a search or arrest warrant, you have no obligation to let them in.

4) If they do have an arrest or search warrant, you can still exercise your right to remain silent. Comply with all directives and do not physically resist an officer. Be polite and respectful at all times. Remember that you retain the right to remain silent and do not have to comment or respond to any inquiries. You also have the right to an attorney.

5) If an agent or officer says they have some questions for you, you have the right to refuse to speak to them and/or you may tell the agents or officers that you will have your attorney contact them if they wish to speak to you. Again, CAIR-SFBA may provide legal assistance, or can refer you to an attorney.

6) Note that anything you say to an agent or officer can be used against you in a court of law, and lying to an agent or officer is a criminal offense.

7) Should you decide to speak to agents alone despite the risks, note that you may set the conditions of the interview, including choosing when and where the interview is to take place, having a third party present such as a family member or community leader, and deciding what questions to answer, and refusing to sign any documents. You may cancel the interview at any time.

8) Be sure to get the names, agencies, badge numbers, and business cards of ALL agents or officers.

9) Contact your attorney and/or CAIR-SFBA to report the interview/incident and to discuss next steps. If you feel that your civil rights were violated, you may also file a complaint with the Department of Justice Civil Rights Division. CAIR-SFBA can help you with this process.

10) To file a complaint with CAIR-SFBA, please go here: CAIR-SFBA Civil Rights Page


MORE RESOURCES:

1. "FBI Interview: Knowing the law can protect you," by Ahilan Arulanantham and Ranjana Natarajan. InFocus News.

2. VIDEO: "Got Rights: Protect yourself and your family at home and at the airport," by Muslim Advocates.

3. To file a complaint with the Department of Justice Civil Rights Division, go to:
DOJ Civil Rights Page


American Muslims strongly support law enforcement and the protection of our national security. As Americans, we also value the civil rights of every individual. All Americans have the constitutional right of due process and to be politically active.

If you know of any criminal activity taking place in your community, it is both your religious and civic duty to immediately report such activity to local and federal law enforcement agencies.

[Please note: This above is for informational purposes only and does not constitute legal advice. Should you have any questions about the material herein or about a specific case, please consult with your attorney.]

CONTACT: CAIR-SFBA, 408.986.9874, E-mail: info@sfba.cair.com

Friday, October 30, 2009

Muslim Coalition Calls for Probe into FBI Shooting Death of Michigan Muslim

American Muslim Taskforce on Civil Rights and Elections asks FBI not to link case to Islam

(WASHINGTON, D.C., 10/30/09) -- The American Muslim Taskforce on Civil Rights and Elections (AMT), a coalition of major national Islamic organizations, is calling for an independent investigation into the death of Imam Luqman Ameen Abdullah, who was shot and killed by the FBI on Wednesday in Detroit during raids in which a number of individuals were arrested on charges unrelated to terrorism.

AMT is also calling on the FBI not to link the raids or the allegations against the suspects to the Islamic faith.

In a statement, the Muslim coalition said:

"It is imperative that an independent investigation of Imam Luqman Ameen Abdullah's death make public the exact circumstances in which he died. And unless the FBI has evidence linking the criminal allegations to the religious affiliation of the suspects, we ask that federal authorities stop injecting religion into this case. The unjustified linkage of this case to the faith Islam will only serve to promote an increase in existing anti-Muslim stereotyping and bias in our society."

AMT is also urging the Congressional Tri-Caucus (Black, Latino, and Asian) to call for a judicial inquiry.

In keeping with its charter, AMT works for civil rights of all Americans and plans to hold a series of meetings across the United States, culminating in a civil rights summit in Washington, D.C., to address growing civil and human rights concerns of seven to eight million American Muslims.

AMT is an umbrella organization that includes American Muslim Alliance (AMA), American Muslims for Palestine (AMP), Council on American-Islamic Relations (CAIR), Islamic Circle of North America (ICNA), Muslim Alliance in North America (MANA), MAS-Freedom, Muslim Student Association-National (MSA-N), Muslim Ummah of North America (MUNA), and United Muslims of America (UMA). Its observer organizations include American Muslims for Civic Engagement (AMCE), Islamic Educational Council of Orange County (IECOC), the Islamic Society of North America (ISNA), and Muslim Public Affairs Council (MPAC).