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| March 11 - 18, 2010 |
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House Subcommittee to Hold Hearing on Federal Employee and Workplace Safety
With recent and serious incidents of violence directed at federal workers fresh in the public eye, the House Oversight and Government Reform's Subcommittee on the Federal Workforce, Postal Service and the District of Columbia is planning to hold a hearing on the safety and security of federal workplaces. The upcoming hearing will evaluate the status of, and responsibility for, agency and postal building security assessments, as well as the level of physical and perimeter security. Additionally, the hearing will focus on how threat communication is disseminated across offices, and will assess the level of coordination between federal and local law enforcement. Subcommittee Chairman Rep. Stephen Lynch (D-Massachusetts) says there is a pressing need to evaluate the pertinent security standards and protocols, given the recent attacks on the Internal Revenue Service building in Austin, Texas, and the January shooting in the lobby of the Las Vegas federal courthouse. The hearing will be held on Tuesday, March 16th, at 2:00 p.m. in Room 2154 of the Rayburn House Office Building. For more information about the hearing, go to the subcommittee's website. |
Warden of Victorville Federal Prison Indicted for Making False Statements to Criminal Investigators
The warden of a federal prison in Adelanto, California, was indicted last week on federal charges for allegedly lying to federal investigators and allegedly disclosing confidential information related to ongoing criminal investigations. Scott A. Holencik, 45, the warden at the United States Bureau of Prisons facility called the Federal Correctional Institution (FCI II Medium) - Victorville, was named in a six-count indictment returned by a federal grand jury. FCI II Victorville is a medium-security facility that houses approximately 1,500 federal prisoners, and is located approximately 85 miles northeast of Los Angeles. The indictment accuses Holencik of lying to special agents of the U.S. Department of Justice, Office of the Inspector General, when he was interviewed in November 2009 in connection with an investigation into Internet postings that disclosed confidential government information. The indictment charges Holencik with two felony counts of making false statements when he denied making posts to www.prisonofficer.org. Holencik allegedly made multiple posts to the website that contained sensitive information concerning criminal investigations at the prison. Holencik was also indicted on four misdemeanor counts of disclosing confidential government information. These counts allege that Holencik disclosed confidential government information concerning a Bureau of Prisons employee who was suspected of being involved with an inmate gambling scheme, as well as facts related to a homicide that occurred at the prison in August 2009. Holencik will be summoned to appear for an arraignment in United States District Court in Riverside on April 21st. If convicted of the five counts in the indictment, he faces a statutory maximum sentence of 14 years in federal prison. |
ICE and CBP Return 3,000-year-old Sarcophagus to Egypt
In a ceremony at the National Geographic Society, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) returned an ancient sarcophagus to the Arab Republic of Egypt and its Embassy. The colorful artifact, devoid of its original contents, was detained by CBP during routine inspections of goods coming into the U.S. and turned over to ICE, which investigated its path through the international art world. The item was eventually seized for return to Egypt. The National Geographic Society, which has a long partnership with the Egyptian Supreme Council of Antiquities and its Secretary General Dr. Zahi Hawass, hosted the official repatriation of the item to Egypt by Assistant Secretary of Homeland Security for ICE John Morton and CPB Assistant Commissioner Allen Gina. "There is nothing new about the theft and trafficking of cultural artifacts. Sadly, these practices are older than this sarcophagus," said ICE Assistant Secretary Morton. "But our 21st-Century global cooperation among law enforcement, museums, academics and organizations such as National Geographic Society, make it far more risky for those who would profit from selling stolen cultural property." "Through the facilitation and enforcement of U.S. trade laws, this artifact will provide the Egyptian people a key to their past," said CBP Assistant Commissioner Gina. "Customs and Border Protection is pleased to work in partnership with Immigration and Customs Enforcement to enforce U.S. customs law and to return priceless artifacts to their lawful owner." The coffin was intercepted by CBP at Miami International Airport in 2008 and initially scrutinized for agricultural concerns. An agriculture specialist, concerned that the coffin would require a permit, referred it to the Trade Enforcement Team and ICE. CBP and ICE contacted the importer to establish whether the coffin had been exported legally from Egypt. ICE tracked the sale of the sarcophagus to a U.S. citizen, who was neither an art dealer nor broker. He claimed to have sold it already to a Canadian. Neither the importer nor the Spanish Gallery that exported it could establish its legal export from Egypt or when or how it would have left Egypt. Given the absence of a credible provenance, the item was determined to be owned by Egypt through its Cultural Patrimony Laws. The item was seized as imported stolen property. ICE worked through its attaché offices in Egypt and Spain to provide the information that led to the forfeiture of the property. The U.S. Attorney for the Southern District of Florida, CBP and ICE Miami were able to successfully counter a legal challenge by the Spanish art gallery that had sold the sarcophagus. The challenge was later abandoned before it could go to trial. |
"Jihad Jane" Indicted in Plot to Recruit Violent Jihadist Fighters and Commit Murder Overseas
A Pennsylvania woman - Colleen R. LaRose (aka "Fatima LaRose" or "Jihad Jane") - has been charged with conspiracy to provide material support to terrorists, conspiracy to kill in a foreign country, making false statements to a government official, and attempted identity theft, Justice Department officials revealed Tuesday. According to the indictment, LaRose (an American citizen born in 1963 who resides in Montgomery County, Pennsylvania) and five unindicted co-conspirators (located in South Asia, Eastern Europe, Western Europe and the United States) recruited men on the Internet to wage violent jihad in South Asia and Europe, and recruited women on the Internet who had passports and the ability to travel to and around Europe in support of violent jihad. The indictment further charges that LaRose and her unindicted co-conspirators used the Internet to establish relationships with one another and to communicate regarding their plans, which included martyring themselves, soliciting funds for terrorists, soliciting passports and avoiding travel restrictions (through the collection of passports and through marriage) in order to wage violent jihad. LaRose also allegedly stole another individual's U.S. passport and transferred, or attempted to transfer, it in an effort to facilitate an act of international terrorism. In addition, according to the indictment, LaRose received a direct order to kill a citizen and resident of Sweden, and to do so in a way that would frighten "the whole Kufar [non-believer] world." LaRose allegedly agreed to carry out her murder assignment, and she and her co-conspirators discussed the fact that her appearance and American citizenship would help her blend in while carrying out her plans. The indictment charges that LaRose traveled to Europe and tracked the intended target online in an effort to complete her task. "Today's indictment, which alleges that a woman from suburban America agreed to carry out murder overseas and to provide material support to terrorists, underscores the evolving nature of the threat we face," said David Kris, Assistant Attorney General for the National Security Division. "I applaud the many agents, analysts and prosecutors who worked on this important investigation." If convicted of the charges against her, LaRose faces a potential sentence of life in prison and a $1 million fine. The case was investigated by the FBI's Joint Terrorism Task Force. It is being prosecuted by Jennifer Arbittier Williams, Assistant U.S. Attorney from the Eastern District of Pennsylvania, and Matthew F. Blue, Trial Attorney from the Counterterrorism Section in the Justice Department's National Security Division. |
Robert A. Harding Nominated to Lead the Transportation Security Administration
On Monday, President Barack Obama announced that he will nominate Major General Robert A. Harding, U.S. Army (Retired) to lead the Transportation Security Administration. Harding has spent over 35 years working in the Intelligence Community, as a leader in both the military and the private sectors. Most recently, Harding served as CEO of Harding Security Associates (HSA), a company he founded in 2003 and sold in July 2009. HSA provides subject matter expertise and strategic security solutions to U.S. government agencies in the Intelligence and Defense communities. Before entering the private sector, Harding spent 33 years in the U.S. Army, where he served in progressively challenging command and staff assignments. He retired as the Army's Deputy G2 (Intelligence) in 2001. From 1996 to 2000, Harding was the Director for Operations at the Defense Intelligence Agency (DIA). There, he was the Department of Defense's senior Human Intelligence (HUMINT) officer, managed over $1 billion in intelligence collection program requirements, and supervised and provided security to the Department of Defense's Defense Attaches in more than 200 embassies and offices around the world. From 1995 to 1996, Harding served as the Director for Intelligence for the Army's U.S. Southern Command where he planned and executed operations designed to increase regional cooperation and exchanges in Latin America. He also coordinated efforts between the DIA, DEA, FBI, CIA, and Customs on sensitive interagency counter-drug operations. From 1969 to 1995, Harding served in a variety of other command and staff positions around the world. He commanded a HUMINT and Counterintelligence Battalion in Korea, and the Army's premier Counterintelligence Group, the 902d, at Fort Meade. His staff assignments included intelligence positions in U.S. Forces Command, U.S. Forces Korea, U.S. Army Europe, U.S. Army PERSCOM, and the Army Staff. Harding currently serves on the board of directors of the Wolf Trap Foundation for the Performing Arts and the Association of Former Intelligence Officers (AFIO). He has served on the National Counterintelligence Review Group, on DNI's Diversity Senior Advisory Panel, and as a member of the Obama Administration's Presidential Transition Team, where he focused on the Intelligence community. Harding's civilian education includes a Bachelor of Science degree in Business Administration from Bowie State University, a Master of Science in Business from Salve Regina University, and a Master of Arts degree in National Security and Strategy from the U.S. Naval War College. His military education includes the Armed Forces Staff College and the U.S. Naval War College. Harding was awarded the Defense Distinguished Service Medal, the Army Distinguished Service Medal, the Defense Superior Service Medal, and the Legion of Merit with three oak leaf clusters. In announcing the nomination, President Obama said, "I am confident that Bob's talent and expertise will make him a tremendous asset in our ongoing efforts to bolster security and screening measures at our airports. I can think of no one more qualified than Bob to take on this important job, and I look forward to working with him in the months and years ahead." |
Supreme Court Holds That Officer Satisfied Miranda Warning When His Two Warnings, In Combination, Reasonably Conveyed The Right To Have An Attorney Present
The Supreme Court recently decided a Miranda question, specifically, whether advice that a suspect has "the right to talk to a lawyer before answering any of [the law enforcement officers'] questions," and that he can invoke this right "at any time . . . during th[e] interview," satisfies Miranda. The Court held that it does. Justice Ginsburg wrote the majority opinion, while Justices Breyer and Stevens dissented. This case involves the arrest of the petitioner, Powell, who before being questioned by Tampa Police, was read their standard Miranda form, which stated: "You have the right to talk to a lawyer before answering any of our questions" and "[y]ou have the right to use any of these rights at any time you want during this interview." Powell then admitted to the police that he owned the handgun that the police found in the search. Powell was charged with possession of a weapon. The trial court denied Powell's motion to suppress his statement. A jury convicted Powell and he appealed. The Supreme Court granted certiorari. After addressing a jurisdictional issue, the Supreme Court then determined whether the police officers should have expressly advised Powell to his right to counsel during questioning and whether the failure to provide this express advice violated Miranda v. Arizona. The Court began its analysis with established precedent, such that Miranda requires that a suspect "be warned prior to any questioning . . . that he has the right to the presence of an attorney." The Court established in Miranda "certain procedural safeguards that require police to advise criminal suspects of their rights under the Fifth and Fourteenth Amendments before commencing custodial interrogation." The Court has also held that as "an absolute prerequisite to interrogation," that an individual held for questioning "must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation." The Court noted that while the warnings prescribed by Miranda "are invariable, the Supreme Court has not dictated the words to convey this essential information." To determine whether police warnings were satisfactory given to those in custody, reviewing courts are not required to "examine [them] as if construing a will or defining the terms of an easement. The inquiry is simply whether the warnings reasonably ‘conve[y] to [a suspect] his rights as required by Miranda.'" The Supreme Court concluded that the warnings that the Tampa police gave Powell satisfied Miranda. The Court opined that the Tampa police communicated that Powell could consult with a lawyer before answering any particular question when they informed Powell that he had "the right to talk to a lawyer before answering any of [their] questions." Further, the following statement by the police that "[y]ou have the right to use any of these rights at any time you want during this interview" confirmed that Powell could exercise his right to an attorney while the interrogation was underway. Thus, the combination of the two warnings reasonably conveyed to Powell his right to have an attorney present at all times during the interrogation. The Court further found the standard warnings used by the Federal Bureau of Investigation as "exemplary," which provides in relevant part: "You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning." Although the officer in this case used different words in the advice Powell received than the words used in the "exemplary" FBI warnings, the Court determined that the officers communicated to Powell the same essential message. The Court declined to declare a precise formulation necessary to meet Miranda's requirements. Therefore, the Court reversed the judgment of the Supreme Court of Florida and remanded the case for further proceedings. The case is Powell v. Florida, No. 08-1175, dated February 23, 2010. |
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