Dzhokhar’s Sharpie Manifesto

CBS had a fascinating scoop this morning, reporting that (presumably in the hours when he was holed up and authorities searched just blocks away), Dzhokhar Tsarnaev wrote a part-confess part-manifesto on the wall of the boat.

The note — scrawled with a marker on the interior wall of the cabin — said the bombings were retribution for U.S. military action in Afghanistan and Iraq, and called the Boston victims “collateral damage” in the same way Muslims have been in the American-led wars. “When you attack one Muslim, you attack all Muslims,” Tsarnaev wrote.

Tsarnaev said he didn’t mourn older brother Tamerlan, the other suspect in the bombings, writing that by that point, Tamerlan was a martyr in paradise — and that he expected to join him there soon.

The CBS version of the story suggests this sharpie manifesto may make up for any evidentiary problems given the FBI’s refusal to give Dzhokhar a lawyer.

Miller explained that while Tsarnaev admitted many of the same details to authorities during his 16 hours [sic] in custody, those admissions came “during the time he was interrogated but before he was given his Miranda warning.” The note gives prosecutors supporting and clearly admissible evidence even if there is an fight over whether things Tsarnaev said before he was given his Miranda rights are admissible as evidence.

Though it’s unclear whether CBS’s reporter came to this conclusion on his own or that’s what his sources told him.

Which brings us to this laughable detail in the ABC version of the story.

Spokespeople for the Massachusetts State Police and the Watertown police had denied the existence of the writings when first asked about them by ABC News two weeks ago.

Today, both departments referred reporters to the FBI. A federal law enforcement official confirmed reports first broadcast by CBS News that writings had been discovered inside the boat.

The discovery of writings intensified tensions between the FBI and local police when FBI agents believed some Boston officers and state police had taken cell phone pictures of the writing.

Agents demanded the phones of all officers at the scene the night of the capture of Dzhokhar be confiscated to avoid the photos becoming public before being used as evidence at trial, according to two law enforcement officials.

A FBI spokesperson said agents cannot confiscate phones without a warrant and officials said none of the police approached would agree to turn over their phones to the FBI.

Hahahaha! The cops would turn over their phones, with their evidence of Dzhokhar’s manifesto, without a warrant!!!

Hahahaha!

Only, there’s something funny about the story. Why would cell phone pictures of the manifesto matter if the FBI had properly documented photos taken immediately after the arrest when the chain of custody was intact? I mean, I could see worrying about tainting the jury pool, but the leaked content of the interrogations already said all this stuff anyway.


Putin’s Game

‘I declare it’s marked out just like a large chessboard!’ Alice said at last. ‘There ought to be some men moving about somewhere–and so there are!’ she added in a tone of delight, and her heart began to beat quick with excitement as she went on. ‘It’s a great huge game of chess that’s being played–all over the world–if this is the world at all, you know. Oh, what fun it is!’

As you may have heard, the Russians rather ostentatiously outed an alleged American spy, Ryan Fogle, yesterday. Before I talk about that, I wanted to make sure folks had Garry Kasparov’s op-ed in the WSJ from the other day. Among other questions about whether we really want to be partnering closely with Vladimir Putin, Kasparov notes how selective Putin’s attentiveness to terrorism can be.

Terror would seem to be a more likely area for U.S.-Russian collaboration, especially regarding the virulent brand of Islamist extremism that has been bubbling over in Russia’s southwestern Caucasus region since the fall of the Soviet Union. Yet the Kremlin’s cooperation on the Islamist threat has been remarkably selective.

Soon after the suspects’ names in the Boston bombing became known, the Russian security services announced that they had warned the FBI about the elder Tsarnaev, Tamerlan, in 2011. But what about during and after Tamerlan’s visit to Russia’s North Caucasus in 2012? That’s when he reportedly was indoctrinated and trained by radicals in Dagestan.

Why were there no communications in 2012 from the FSB (the successor of the KGB) about a suspected radical, an American no less, training in the hottest of Caucasus terrorist hotbeds and then returning to the U. S.? It is beyond belief that the extensive police state that monitors every utterance of the Russian opposition could lose track of an American associating with terrorists.

Tamerlan reportedly met with Makhmud Mansur Nidal, a known terror recruiter, and William Plotkin, a Russian-Canadian jihadist. Both men were killed in Dagestan by the Russian military just days before Tamerlan left Russia for the U.S. If no intelligence was sent from Moscow to Washington, all this talk of FSB cooperation cannot be taken seriously.

This would not be the first time Russian security forces seemed strangely impotent in the face of an impending terror attack. In the Nord-Ost theater siege by Islamist Chechens in 2002 and the Beslan school hostage attack by Chechen and other Islamist radicals in 2004, it later came to light that there were FSB informants in both terror groups—yet the attacks went ahead unimpeded. Beslan was quickly used by Mr. Putin to justify shredding the last vestiges of Russian democracy by eliminating the election of regional governors.

It’s not just Kasparov doubting Putin’s cooperation on the Boston Marathon investigation.

House Intelligence Chair Mike Rogers complained about it back on April 26.

“The Russians I think have a lot more information here than they are sharing today,” Rogers told Fox News. “They’ve kind of let us peek under the curtain a little bit, but it’s very clear to me that they have valuable information that, A, they should have provided earlier, and B, that we need to get now to understand what happened when he went back to Russia.”

Shortly thereafter, Putin and President Obama had their second conversation on the topic, after which Putin publicly professed to have little of value to offer because the Tsarnaev’s hadn’t been living in Russia.

Mr. Putin said last week that the Federal Security Service was unable to provide “information which had operative value” about the Tsarnaev brothers, “due to the fact that the Tsarnaevs had not lived in Russia for many years.”

Mr. Putin’s spokesman, Dmitri S. Peskov, repeated that phrase after the two presidents spoke on Monday, but he said cooperation between the countries’ counterterrorism and intelligence services had improved to new levels as a result of the Boston bombing.

“This aroused praise from Putin and Obama, and their satisfaction,” Mr. Peskov told the Interfax news service, adding that cooperation on intelligence “on the whole promotes mutual confidence in bilateral relations.”

The White House offered a more reserved account of the two leaders’ conversation, noting “the close cooperation that the United States has received from Russia on the Boston Marathon attack.”

Meanwhile, a WSJ story from last week catalogued all the things Russia either did not turn over in timely fashion or did turn over with errors:

  • (Possibly) that Canadian alleged extremist William Plotnikov –whom Russia killed last July — had implicated Tamerlan as an associate in 2010
  • The original tip from the FSB provided incorrect birth dates for Tamerlan
  • FSB provided no response to three requests for more information from FBI
  • Texts from Tamerlan’s mother telling another relative he’d be interested in joining jihad
  • Details from Tamerlan’s trip to Russia in which FSB alleges he met with militants

To be sure, some of this reluctance to share information is a very normal imperative to protect sources and methods, Continue reading


Hailing Carmen Ortiz While Ignoring Several Amendments

Main Justice has a bizarre post suggesting that those who excoriated Carmen Ortiz for her treatment of Aaron Swartz (and Tarek Mehanna and Russ Caswell, though MJ doesn’t name them by name) are now hailing her aggressiveness.

“The criticism lately has been that they’ve overcharged some people and been overly harsh,” Peter Elkann, a Boston defense attorney, said in a recent interview with Reuters. Elkann went on to observe that “no one is going to accuse any prosecutor of making too big a deal out of this case.”

That would be a safe statement, considering that the April 15 bombing killed 3 people and wounded more than 280 others, many of whom lost legs, as it left blood on the street and horrified and infuriated millions of Americans.

Ahem.

Maybe Main Justice doesn’t read this blog, which has twice noted the needless prosecutorial irregularity of Dzhokhar Tsarnaev’s interrogation.

But I would hope that a site covering legal inside baseball has heard of a guy named Erwin Chemerinsky, who seems just as troubled by DOJ’s refusal to comply with Dzhokhar’s reported request for a lawyer as bmaz and I?

It has become increasingly evident that the Justice Department violated the constitutional rights of Boston bombing suspect Dzhokhar Tsarnaev. He apparently was questioned for hours without being given hisMiranda warnings, and the interrogation continued even after he explicitly requested an attorney. It is disturbing that the Justice Department would risk its criminal prosecution by ignoring such basic rules and even more disturbing for what this says as to its view of the Constitution.

Don’t get me wrong. I don’t think Carmen Ortiz made the decision to refuse Dzhokhar a lawyer through 16 hours of interrogation alone. I’m quite certain she did that because that’s the policy — generally and specifically — Obama’s DOJ wants to pursue.

But that’s true of her over-aggressive pursuit of the war on drugs, the war on hackers, and the war on Muslims, too, the wars she was fighting when she took down Aaron Swartz and Tarek Mehanna (and tried to take down Russ Caswell). The other abusive decisions she made all reflect the policy choices of the Obama Administration.

But denying someone his Fifth and Sixth Amendment rights is completely consistent with what we’ve seen Carmen Ortiz do in the past. And while Main Justice appears unphased by it, some of the same people who have noted her prosecutorial aggression in the past are noting it continues here.


The Ongoing Tsarnaev Investigation

There have been a number of interesting developments in the Boston Marathon bombing investigation. This post will mostly serve to collect them and comment on what they say.

The taxi cab full of pressure cookers

First, there’s a nagging question I’ve got. Anonymous leaks to the press have claimed that Dzhokhar Tsarnaev told the FBI he and his brother assembled the pressure cooker bombs in Tamerlan’s Cambridge apartment (which is one of the reasons authorities distrust Katherine Russell Tsarnaeva, leading her to hire Johsua Dratel to represent her).

But if it’s true the brothers assembled the bombs in the apartment, then what was this cab ride all about?

Jim Duggan, 51, has been haunted since his close encounter with brothers Tamerlan and Dzhokhar Tsarnaev, thinking maybe he could have unwittingly thwarted the killer plot if he had just driven away.

He told the Daily News on Thursday that the brothers flagged him down April 14 outside a rapid-transit station in the Boston suburb of Malden.

“I tried to put their backpacks into the trunk, but they wouldn’t let me touch them,” Duggan said.

He drove the men to Cambridge, letting them out near Kendall Square — close to where they lived.

Duggan said the brothers gave him a $2 tip on a $38 fare. As he started to drive away, the the older brother, Tamerlan, 26, began pounding on his car and yelling at him to get his attention.

The taxi driver said he immediately stopped and popped the trunk. Before the brothers could stop him, he removed one of the backpacks, which he now suspects held a homemade pressure-cooker bomb used in the attack.

“I said to them, ‘That’s the most packed backpack I ever picked up,’” said Duggan, guessing the bag weighed about 20 pounds.

I’m especially interested in this given Dzhokhar’s reported claim that they were going to hit the July 4th celebration, but finished the bombs early and therefore decided to target the Marathon instead. What if they had picked up the bombs at some location on the commuter rail?

The pizza and pot murders

In 2011, a friend of Tamerlan’s and two others were killed in a bizarre and brutal killing in Waltham. At the time, people thought Tamerlan’s behavior was weird (for example, he didn’t go the funeral, which Tamerlan’s ultra conservative views might have prohibited). In the wake of the Boston attack, though, authorities now claim not just Tamerlan, but also Dzhokhar, might be tied to the killing.

In the wake of the Marathon bombings, Middlesex County began to probe a link between the elder Tsarnaev and Brendan Mess, one of the three men killed in the gruesome slaying on Sept. 11, 2011. Officials said Mess and two men were found in a Waltham residence with their throats slit and their bodies covered with marijuana. Tamerlan and Mess were once roommates and did boxing and martial arts training together.

Now law enforcement officials tell ABC News that some crime scene forensic evidence provided a match to the two Tsarnaev brothers. The officials also said records of cell phones used by the Tsarnaevs appears to put them in the area of the murders on that date. Several officials confirmed the new findings but declined to be identified because they are not authorized to comment on the ongoing investigation.

[snip]

Then, Gerry’s Italian Kitchen became a focal point again on April 24, nine days after the Marathon bombing, after investigators removed a Planet Aid charity donation bin from its parking lot. A driver had discovered discarded fireworks inside and law enforcement sources told ABC News the gunpowder had been removed from the cartridges.

Elsewhere, I’ve seen it claimed that Tamerlan worked for Gerry’s Italian Kitchen at the time.

I’m really intrigued by this possibility — particularly since it looks like a mob killing more than an Islamic extremist one. But I also think it’s possible that the brothers’ DNA was at the scene because they, as friends, had been there. And what do authorities mean when they say their phones “put them in the area”? Is Cambridge the area, or just the Waltham neighborhood? Finally, while authorities might be really pushed to implicate Dzhokhar as well as Tamerlan, the piece notes that up to now they’ve believed there was just one killer.

They’ve got a real incentive to implicate Dzhokhar, who is around to be tried, unlike Tamerlan. So it’s worth being skeptical about his implication, at least.

Wearing makeup to your militia debut

There are a number of interesting details about what FSB is saying about Tamerlan’s trip to Russia (such as in this article; also note, as far as I can tell, FSB is baby-sitting the FBI agents working this case, so it’s important to remember much of this is being seen through their eyes).

But I’m particularly interested in this description of Tamerlan showing up in what I’ll call jihad disguise, which made actual Salafists worried he would attract attention.

Mr. Tsarnaev, who a year later allegedly planted the Boston Marathon bombs with his brother Dzhokhar and died after a shootout with police, got a cool reception from some of the Islamists he hoped to bond with. He greased his hair with olive oil and wore dark eye makeup, apparently in an effort to affect contemporary jihadist fashion, according to Mohamad Magomedov, who struck up a friendship with him at the mosque. Continue reading


Real ID Biometrics in Immigration Bill

I’ve got two ginormous issues with the report that the Immigration Bill includes a measure that would require the creation of a “photo tool” database to verify status before employment.

The immigration reform measure the Senate began debating yesterday would create a national biometric database of virtually every adult in the U.S., in what privacy groups fear could be the first step to a ubiquitous national identification system.

Buried in the more than 800 pages of the bipartisan legislation (.pdf)  is language mandating the creation of the innocuously-named “photo tool,” a massive federal database administered by the Department of Homeland Security and containing names, ages, Social Security numbers and photographs of everyone in the country with a driver’s license or other state-issued photo ID.

Employers would be obliged to look up every new hire in the database to verify that they match their photo.

First, this would accomplish precisely what Real ID would accomplish, but less.

I’ve long believed we were going to go to Real ID in any case. I’ve also long believed that we ought to change the politics of such a discussion by proposing that along with Real ID, we also get universal registration. The authoritarians would thus have a choice: give up their efforts to disenfranchise the poor via voter ID and track employment, or lose both.

I’m guessing it’d present quite a dilemma for the authoritarians.

But to learn a bipartisan bill is basically ceding on real ID without using it to foster democracy?

My other problem has to do with the certainty that this would be turned into a counterterrorism tool. Recall that last year, John Brennan decided protecting US person data was just too tough, so National Counterterrorism Center would have to have access to any federal database that NCTC deemed to have terrorism information.

I think it highly likely that NCTC would deem a database of all Americans to contain terrorist information.

Therefore, we should assume that whatever else this database is supposed to do, it would also mean that the faces of innocent Americans would start getting included in the data analysis of potential terrorists.

Mind you, the authorities claim (though I’m not convinced) that they weren’t able to ID the Tsarnaev brothers with all the images they had of them at the Boston Marathon. Maybe the technology sucks (again, not convinced).

But that doesn’t stop the inclusion of all Americans in the dataset of possible terrorist mugshots from being an invitation for witch hunts.


John Galt’s Trail of Death and Destruction Continues to Grow

Building destroyed in West, Texas fertilizer explosion. (Courtesy of State Farm via Flickr under Creative Commons license.)

Building destroyed in West, Texas fertilizer explosion. (Courtesy of State Farm via Flickr under Creative Commons license.)

John Galt has been a deadly and destructive guy lately, with the largest of his most recent attacks taking place in the garment factory collapse in Bangladesh on April 24 where the death toll has now tragically topped 900 and the fertilizer storage facility explosion in West, Texas on April 17 that miraculously killed only fourteen people but injured over 200 and caused damage that is now estimated to exceed $100 million.

In an interesting development, Bangladesh has shown that at least on some fronts it is more civilized than Texas. Both the building’s owner and the engineer accused of colluding with the owner to add three unregulated floors on top of the building have been arrested, while Texas lawmakers, previously known for their refusal to vote in favor of disaster relief when it was in New York and New Jersey, now have called for socializing the losses in Texas. Of course, since the fertilizer plant owner (who has not been arrested) only carried $1 million in liability insurance (and since Texas doesn’t require liability insurance for many businesses operating with dangerous materials), those losses are bound to be socialized anyway.

From CBS News on the response to the disaster in Bangladesh:

Finance Minister Abul Maal Abdul Muhith spoke as the government cracked down on those it blamed for the disaster in the Dhaka suburb of Savar. It suspended Savar’s mayor and arrested an engineer who had called for the building’s evacuation last week, but was also accused of helping the owner add three illegal floors to the eight-story structure. The building owner was arrested earlier.

The government appears to be attempting to fend off accusations that it is in part to blame for the tragedy because of weak oversight of the building’s construction.

It looks like Muhith went a bit too far in trying to deflect responsibility from the government:

During a visit to the Indian capital, New Delhi, Muhith said the disaster would not harm Bangladesh’s garment industry, which is by far the country’s biggest source of export income.

“The present difficulties … well, I don’t think it is really serious — it’s an accident,” he said. “And the steps that we have taken in order to make sure that it doesn’t happen, they are quite elaborate and I believe that it will be appreciated by all.”

The article goes on to point out that Muhith had made a similar hollow promise to improve safety conditions several months ago when a fire in a garment factory killed over a hundred workers.

In a tragic testament to the shoddy conditions in these facilities in Bangladesh, we have word this morning of another eight deaths in a fire in a garment factory. However, this time the fire was after hours and it wasn’t workers who were killed: Continue reading


How Do You Abet Terrorism While Working a 70 Hour Work Week?

A number of people pointed out in the days after the Boston Marathon attack that the family members of James Holmes were not only not harassed in the days after he killed 12 people in a movie theater in Aurora. The press ultimately obeyed their request for privacy.

Nor does the press appear to have focused on the wife of James Everett Dutschke, the man now accused of sending President Obama and two others ricin-laced letters, in spite of suspicious text messages on her phone.

The affidavit also alludes to Dutschke’s or his family’s possible frame of mind earlier this month, as seen in text messages on his wife’s cell phone.

“We’re coming over to burn some things,” one such message from April 20 reads. Another from the same day states, “We are gonna clean house.”

In that case, like the Boston Marathon case, big questions remain, such as how he learned to make the ricin and who the second DNA on a ricin-tainted mask found at his dojo belongs to.

But Katherine Russell Tsarnaeva, Tamerlan wife, has come under blistering scrutiny, both from law enforcement and the press.

Every time the widow of suspected Boston Marathon bomber Tamerlan Tsarnaev leaves her parents’ house, federal agents watching the residence follow her in unmarked vehicles.

Federal authorities are placing intense pressure on what they know to be the inner circle of the two bombing suspects, arresting three college buddies of surviving brother Dzhokhar Tsarnaev, and keeping Tamerlan’s 24-year-old widow, Katherine Russell, in the public eye with their open surveillance and leaks to media about investigators’ focus on her.

Legal experts say it’s part of their quest not just to determine whether Russell and the friends are culpable but also to push for as much information as possible regarding whether the bombing suspects had ties to a terrorism network or accomplices working domestically or abroad. A primary goal is to push the widow and friends to give their full cooperation, according to the experts.

[snip]

In addition to threatening her with criminal charges and a potential prison sentence to get what they want from her, Ron Sullivan said authorities can bring social pressure to bear, including leaking information that suggests she isn’t being helpful.

“She’s the mother of a young daughter. I imagine she does not want to be deemed as a pariah or ostracized by the whole country,” he said.

The justification for this scrutiny, anonymous leaks from investigators say, consists of three details:

  • Dzhokhar Tsarnaev says the brothers made the pressure cooker bombs in the Cambridge apartment Tsarnaeva shared with Tamerlan
  • Investigators have found Inspire and other radical materials on “her” computer (presumably also at the apartment)
  • She sent a text message of undescribed content to her husband after the press IDed him as suspect #1 in the attack

In addition to the different treatment the Feds and the press seem to be giving Tsarnaeva and the wife of the alleged ricin terrorist, there’s also the apparent urge to explain how a “normal” American would choose the life Tsarnaeva did.

Street Address A: A big tan house in North Kingstown, Rhode Island; the corner lot of a woody cul de sac near a bike path populated by joggers in Lululemon. Quiet and country charming, a well-landscaped American achievement. This is the house where Katherine Russell grew up, with her parents and two sisters.

Street Address Z: An apartment in a rowhouse in Cambridge, Mass., the most run-down structure on an otherwise cheerful block. A building with cracked window panes on the second floor and a sagging brown exterior, and the feeling of fatigue emanating from it like an odor.

This is the house where Russell lived when the Boston Marathon bombs went off. Where she went from being “normal” to — if not abnormal, than certainly very different from what people who knew her expected her to be. Where few neighbors recall seeing her outside the home, where she seemed to become a ghost.

Much of the fascination and suspicion about Tsarnaeva seems to stem from apparent incomprehension that a white middle class girl might one day adopt a head scarf.

Continue reading


Sad Victory for Pakistan’s Taliban: Child Diagnosed With Polio in Region Where Vaccinations Were Denied

While much attention is appropriately focused on the horrific and brutal attacks by Pakistan’s Taliban on secular political parties as the country approaches elections in its first-ever transition from one civilian government to another, we have news today of a sad triumph by the Taliban as a child in North Waziristan has been diagnosed with polio after the Taliban successfully shut down polio immunizations there last summer.

Health workers are on the cusp of making polio the second disease after smallpox to be completely eradicated from the planet. The latest plan forecasts eradication by 2018, but a huge barrier is that conservative Islamic groups view Western vaccination programs as attempts to sterilize Muslims. In addition, the participation by Dr. Shakeel Afridi in a bogus vaccination program set up by the CIA to obtain DNA samples from Osama bin Laden’s compound added fresh fuel to the belief that vaccination programs also are used to spy on Muslims. Just under a month ago, a policeman protecting workers administering polio vaccine was shot and killed:

The latest attack took place in the afternoon in the Par Hoti neighborhood of the Mardan district in Khyber-Pakhtunkhwa Province. The policemen, Raj Wali and Mohammad Ishfaq, were accompanying two female workers on the second day of a three-day anti-polio drive, said Wajid Ali, a local police official.

The policemen were standing guard in the street as the health workers administered drops inside a house when an unidentified gunman, who appeared to be in his early 20s, walked up to them and opened fire. Mr. Wali was killed and Mr. Ishfaq was wounded, Mr. Ali said in a telephone interview. The gunman escaped.

That killing followed the deaths of eight vaccine workers last December and the violence has led to a significant interruption in the distribution of the vaccine:

In December, at least eight people engaged in polio vaccinations were shot dead in Karachi and the north-west, and in January and February two police officers were killed in similar attacks.

The UN said last month that some 240,000 children have missed vaccinations since July in parts of Pakistan’s tribal region, the main sanctuary for Islamic militants, because of security concerns.

And it is from the tribal area of Waziristan where we have today’s sad news of a child being diagnosed with polio:

A child has contracted polio for the first time in Pakistan’s militant-infested tribal belt since the Taliban banned vaccinations a year ago, a UN official said Monday.

“The new case has been detected in North Waziristan where we had been denied access in June last year,” the World Health Organization’s (WHO) senior coordinator for polio eradication in Pakistan, Elias Durry, told AFP.

Durry fears that this case is not likely to be isolated:

“We are worried because this new case comes as an example of a bigger impending outbreak of disease in the region,” the WHO official said.

In addition to making vaccination drives shorter and lower profile while working closely with security, the executive summary (pdf) for the new polio eradication plan has a key step of outreach to religious groups:

4. Religious leaders’ advocacy: markedly step up advocacy by international, national and local Islamic leaders to build ownership and solidarity for polio eradication across the Islamic world, including for the protection ofchildren against polio, the sanctity of health workers and the neutrality of health services.

Unfortunately, I don’t see an open call in the plan for bringing about an end to intelligence agencies undertaking new vaccination ruses, although “the neutrality of health services” would seem to touch on it. Meanwhile, Afridi has started a hunger strike in a desperate attempt to keep his name in the headlines.


The Find Every Terrorist at Any Cost Industry

As a thought experiment, replace the word “terrorist” in this paragraph with “soldier” or “military.”

All terrorists fundamentally see themselves as altruists: incontestably believing that they are serving a “good” cause designed to achieve a greater good for a wider constituency—whether real or imagined—which the terrorist and his organization or cell purport to represent. Indeed, it is precisely this sense of self-righteous commitment and self-sacrifice that that draws people into terrorist groups. It all helps them justify the violence they commit. It gives them collective meaning. It gives them cumulative power. The terrorist virtually always sees himself as a reluctant warrior: cast perpetually on the defensive and forced to take up arms to protect himself and his community. They see themselves as driven by desperation——and lacking any viable alternative—to violence against a repressive state, a predatory rival ethnic or nationalist group, or an unresponsive international order.

The paragraph comes from Bruce Hoffman, a Georgetown Professor/ThinkTanker whose studies of terrorism predate 9/11 by decades. It forms part of his explanation, post Boston, for why people become terrorists: because they, like our own country increasingly, see violence as a solution to their grievance.

That’s not all of Hoffman’s description of what makes people terrorists, mind you. He goes onto discuss religion and the human relations that might convince someone to engage in violence. But the paragraph has haunted me since I read it over a week ago for how clearly it should suggest that one of the few things that separates terrorism from our country’s own organized violence is official sanction (and at least lip service about who makes an appropriate and legal target).

Which is one reason why Jack Levin, in a piece debunking four myths about terrorism, offers this as one solution.

Somehow, we must reinstate the credibility of our public officials — our president, our Congress, and our Supreme Court Justices — so that alienated Americans do not feel they must go outside of the mainstream and radicalize in order to satisfy their goals.

Blaming terrorism on our dysfunctional political system feels far too easy, but it’s worth remembering that in Afghanistan, Somalia, and parts of Yemen, Al Qaeda has at times won support from locals because it offered “justice” where the official government did not or could not.

In any case, the common sense descriptions Hoffman and Levin offer haven’t prevented a slew of people responding to Boston — some experts, some not — from demanding that we redouble our efforts to defeat any possible hint of Islamic terrorism, no matter the cost.

Batshit crazy Texas Congressman Louie Gohmert claims the Boston attack is all Spencer’s fault: because FBI purged some its training materials of some of the inaccurate slurs about Muslims (but did not even correct the training of Agents who had been taught that claptrap in the first place), it can no longer speak a language appropriate to pursuing terrorists. “They can’t talk about the enemy. They can’t talk about jihad. They can’t talk about Muslim. They can’t talk about Islam.” Which elicited the equally batshit crazy response from Glenn Kessler of taking Gohmert’s premise as a valid one that should be disproven by weighing how much offensive language remains in FBI materials, rather than debunking the very premise that only people who engage in cultural slurs would be able to identify terrorists. I award Kessler four wooden heads.

Somewhat more interesting is this piece from Amy Zegart, another Professor/ThinkTanker. She admits we may not know whether Boston involved some kind of intelligence failure for some time.

Finding out what happened will be trickier than it sounds. Crowdsourcing with iPhones, Twitter, and Lord & Taylor surveillance video worked wonders to nail the two suspects with lightning speed. But assessing whether the bombing constituted an intelligence failure will require more time, patience, and something most people don’t think about much: understanding U.S. counter-terrorism organizations and their incentives and cultures, which lead officials to prioritize some things and forget, or neglect, others.

But that doesn’t stop her from insisting FBI’s culture remains inappropriate to hunting terrorists “pre-boom.”

But it is high time we asked some hard, public questions about whether the new FBI is really new enough. Transformation — moving the bureau from a crime-fighting organization to a domestic intelligence agency — has been the FBI’s watchword since 9/11. Continue reading


Shorter FBI: You’re a Threat to “Community” If You Want to Kill the Same Guy US Government Wants to Kill

There’s a lot that’s stark raving insane about the FBI’s latest entrapment scheme, involving 18 year old Abdalla Ahmad Tounisi, who had planned to go fight jihad in Syria.

But my favorite is the argument FBI makes about the threat to the community Tounisi represents, in arguing against the judge’s decision to put Tounisi in home confinement.

The defendant presents a danger to the community (a term that includes the worldwide community, see United States v. Hir, 517 F.3d 1081 (9th Cir. 2008)), if only because he withstood prolonged efforts by others to dissuade him from engaging in violent jihad.

Remember, had Tounisi succeeded (a very unlikely proposition, since by his own admission he didn’t know anyone and needed the FBI to buy him a bus ticket to travel within Turkey), he would have joined the Jabhat al-Nusrah in Syria and fought against Bashar al-Assad.

The guy we’re trying to kill, too. Or at least chase into exile.

But there’s more to it. First, last year, when the FBI tried to entrap Tounisi along with his friend Adel Daoud last year to attack a Chicago nightclub, Tounisi backed out because he didn’t want to attack random Americans. Daoud told the FBI’s undercover officer on August 18, 2012,

I don’t think [Tounisi] will help giving to [attacking] random Americans. He is more there for there armies, money, etc. … cuz he not convinced dat you can give zakat to every American. … he wasn’t convinced … about giving to [attacking] random Americans though … but he convinced about the cause in general … like overseas and so forth.

Now, a sane counterterrorism program would take Tounisi’s refusal to attack civilians and use it to intervene to prevent him from doing anything else stupid. The FBI, instead, set up its own jihad-recruiter website, which is what Tounisi used to set up his intended trip to Syria.

Meanwhile, even while (if the FBI claims are accurate) there’s reason to believe Tounisi was well aware that fighting with Jabhat al-Nusrah would be illegal (in part, because they have him reading stories about the last guy we arrested for fighting against Assad, Eric Harroun), it’s just as clear Tounisi knew the US was fighting against Assad.

On May 29, 2012 — apparently even before he developed a plan to travel overseas to fight jihad — Tounisi noted that “the west sent in special forces to Jordan to do practice operations on the syrian border w jordanian troops. I think they plan to invade syria …” Indeed, that was around the time when Hillary and David Petraeus were arguing Obama should arm the Syrian rebels (albeit with vetting).

More and more aspiring freedom fighters are going to follow this path, in part because the Syria fight has become what the Spanish Civil War once was. But given that the US openly endorses killing our enemies, including Assad, and given that our allies are funding even the terrorists among the freedom fighters, it is increasingly hard to distinguish how Tounisi’s aspirations differ from the government’s own plans.

Which I guess makes sense, since the FBI has set up a recruiting site for guys like him.