Who's A Rat - Largest Online Database of Informants and Agents
HomeMembers LoginLatest NewsRefer A LawyerMessage BoardOnline StoreAffiliatesAbout UsContact Us
Who's A Rat - Largest Online Database of Informants and Agents Worldwide!
Site Navigation
Visit Our Store
Refer A Lawyer
Link To Us
Latest News
Top Secret Documents
Make A Donation
Important Case Law
Members Login
Message Board
Legal Information
Advertise your AD, Book or Movie

Informants and Agents?Who's a Rat Message Board

joeb Show full post »

Link du jour








Mutilation probe widens as deportation fears mount
Robert Snell , The Detroit News Published 5:45 p.m. ET July 18, 2017 | Updated 6:50 p.m. ET July 18, 2017

Steve Francis, special agent in charge of Homeland Security Investigation’s office in Detroit, denied that agents were threatening people with deportation in the nation’s first federal prosecution involving female genital mutilation.

“Homeland Security Investigations special agents conduct all investigative activities with the highest level of professionalism and respect,” Francis said in a statement Tuesday. “Any allegations to the contrary are baseless and without merit.”

The head of the FBI in Detroit defended his agents’ handling of the case.

“The FBI has and will continue to tirelessly investigate allegations involving harm to children, and we will pursue each and every lead in this case, as it is literally some of the most important work that we do,” said David P. Gelios, special agent in charge for the Detroit Division of the FBI.

“At the same time, just as we remain steadfast in our efforts to protect children from harm, FBI special agents adhere to the highest level of professionalism and uphold the constitutional protections afforded to everyone in the United States — victims and defendants alike,” he said. “Any accusations to the contrary are misguided, without merit, and cut against not only what the FBI stands for but also the work performed by the men and women of the FBI every day.”


Former FBI agent’s guilty plea could affect child predator case

Rhonda Cook
10:13 a.m. Monday, July 17, 2017 AJC Homepage


FBI agent Ryan Seese sentenced to prison in two Peeping Tom cases in Hershey | PennLive.com
Dec 28, 2010 - A Dauphin County judge this morning sentenced former FBI agent Ryan Seese, 37 , of Derry Township, to 1 to 23-1/2 months in county prison plus 3 years' probation for two Peeping Tom ...


VT Exclusive: Largest Pedophile Ring in History, 70,000 Members, Heads of State, the Rats Scramble | Veterans Today
Veterans Today › 2016/08/24 › vt-exclus...
Aug 24, 2016 - Millions read the news today, the pedophile ring “busted” or the earlier article about how the FBI ..... We remember former FBI director and founder, J Edgar Hoover, the man who said ritual satanic child ...


More than 500 boys abused at top German Catholic school
Physical and sexual abuse took place up to 2015 at Regensburger Domspatzen choir school, referred to by some pupils as ‘hell’


Disgraced Ex-House Speaker Dennis Hastert Released From Federal Prison

Former House Speaker Dennis Hastert, 75, who had long been regarded in the public eye as just a Regular Joe from the Midwest — that is until his scandal emerged — has been released from a federal prison hospital in Minnesota and transferred to a halfway house in Chicago, Josh Gerstein of Politico reports.

Hastert pleaded guilty last year to violating money laundering laws in a case that shocked the country and Beltway insiders. The scandal stemmed from hush money he paid to conceal sexual abuse he committed of students while he was a high school teacher and coach several decades ago.

A federal judge in Chicago sentenced him to 15 months.

Hastert was never charged in the sexual abuse cases because of the statute of limitations. But Politico notes that two men are suing him, alleging they were abused as kids.

Defending Rights & Dissent Joins Transparency Groups in Trying to Prevent CIA from Destroying Records

the facade of the Archives of the United States building
July 18, 2017 – The CIA recently received tentative approval from the National Archives and Records Administration to destroy files that allegedly have no historical significance. Defending Rights & Dissent joined the National Security Archives, OpenTheGoverment, and Demand Progress in submitting comments opposing the planned destruction of documents.


Despite parents' pleas, police closed in, and a life was lost in Hingham

His parents said he just needed to sleep. A SWAT team came instead
HINGHAM — As police cars rolled into his pristine suburban neighborhood last Saturday night, past the sprawling Colonials and manicured lawns, and as dozens of officers from across the region surrounded his home, Russell Reeves begged them again and again to back off.

In a bedroom upstairs his son Austin, 26, was distraught over a breakup. He had told his family he needed time alone. With him was his dog and his 9 mm handgun. If you pressure him, if he feels cornered, Reeves said he told the police, this will end with Austin killing himself.

The police listened and nodded and took notes in their notebooks, according to Reeves. And yet, more officers kept coming. Some wore camouflage and carried rifles. They set up bright lights to shine onto the house and drove a military-style vehicle into the backyard. Eventually, they broke seven upstairs windows so a mounted camera could look inside for Austin.

“Please,” the frightened father says he asked them, “why can’t you just let him go to sleep?”


KING: Recent stories of injustice in America you may have missed

Tuesday, July 18, 2017, 12:06 PM

Teenager stuck behind bars for a crime he did not commit will soon lose his college scholarship

Pedro Hernandez graduated from high school with distinction and was recognized for helping many of his peers accomplish the same thing. For all of this, he was awarded a full college scholarship and should be starting college in a few weeks. Except Hernandez is behind bars.

Everything about the case against Pedro Hernandez stinks to high heaven. Over a year ago he was arrested for shooting someone in the Bronx. The shooting victim says Hernandez was not the shooter. Eight different eyewitnesses have said Hernandez was not the shooter. In recorded statements, witnesses to the shooting have said that the officer who arrested Hernandez, David Terrell of the NYPD, threatened them with physical violence if they did not claim Hernandez was the shooter, PIX11 News reports. Officer Terrell is now suspended after being recorded gambling while a suspect sat in his squad car. Yeah, really.

Sadly, in a completely separate incident, a surveillance camera recorded a security officer brutally beating then 15-year-old Pedro Hernandez. That officer was fired and charged with a crime.

KING: Police brutality jumped racial fence with Minn. shooting
Now, if Hernandez is not released from jail soon, he could lose his college admission and scholarship.

Justine Damond was fatally shot by police in Minneapolis.
Texas officer who shot and killed 15-year-old Jordan Edwards indicted on murder charge

I know. We've seen this before. An indictment is not a conviction — far from it — but you can't get a conviction without this essential step and that's exactly what it is, an essential step. Officer Roy Oliver was indicted on a murder charge in the shooting death of 15-year-old Jordan Edwards — a star student, athlete and beloved son. Just two weeks ago Oliver was also charged with aggravated assault for a road rage case that actually happened before he killed Jordan.


America steals votes from felons. Until it stops, our democracy will be weakened
Russ Feingold


Animal rights activists accused of freeing more than 30,000 mink in Minnesota
NEW YORK DAILY NEWS Tuesday, July 18, 2017, 12:32 PM


Robot cop found face down in office-block fountain
Machine built to keep humans in check defeated by stairs and fountain in incident where ‘no one was harmed’


Secret Service Employee Stole Authentic Money While Examining Counterfeit money
A Secret Service technician whose job was to determine whether suspicious currency was counterfeit pocketed some of the cash that was authentic.

Shaun Qureshi, a 34-year-old Maryland resident who began working in the Secret Service’s Washington field office in 2009 as a”counterfeit technician,” pleaded guilty Friday to one felony count of illegal conversion of property, the Washington Post reports.

Authorities said Qureshi sole between $20 and $200 nearly every day for 22 months, accumulating at least $8,000 between January 2013 to October 2014.


O.J. Simpson’s friend slams choice of Mark Fuhrman as Fox commentator for parole hearing as a ‘racist and felon’
NEW YORK DAILY NEWS Tuesday, July 18, 2017, 4:39 PM

Disgraced cop Mark Fuhrman will turn Fox News' coverage of O.J. Simpson's parole hearing into a nightmare, not a dream team, the football star's best pal told the Daily News on Tuesday.

"He's a racist and a convicted felon," friend Tom Scotto said of Fuhrman. "Everyone saw he's a racist on live TV."

Fuhrman, 65, is due to provide on-air "contributions and analysis" to Fox News during the Thursday parole hearing tied to Simpson's 2008 robbery conviction in Nevada, the network said in a press release.

The Los Angeles Police detective was a notorious figure during Simpson's “Trial of the Century” in 1995. He told jurors he found the bloody glove that seemed to connect Simpson to the shocking murders of ex-wife Nicole Brown Simpson and her friend Ron Goldman, but then his tape-recorded use of racial epithets surfaced and shredded his credibility.


Honda to debut all-new hybrid next year, plans for long-range EV

July 17, 2017, 4:20 PM


Former USC medical school dean no longer seeing patients; Pasadena police discipline officer

An overdose, a young companion, drug-fueled parties: The secret life of a USC med school dean
During his tenure, Dr. Carmen A. Puliafito kept company with a circle of criminals and drug users who said he used methamphetamine and other drugs with them, a Times investigation has found. Photos and videos captured some of their exploits.


A 2013 Facebook post by Lincoln Charter School announcing the partnership between Thackston and GeoSource provides three GeoSource principals who would be involved in the partnership: Sam Brown, a former federal government operative; Lt. Col. Randy Marcoz, a retired Army intelligence officer; and Courtney West, a former Marine and FBI agent.
Quote 0 0


Black Box Voting, founded in 2003, performs nonpartisan investigative reporting and public education for elections.
The independence of Black Box Voting comes from support through citizen donations -- always needed and very much appreciated! Please take a moment to become a patron by setting up a much-needed monthly sponsorship -- or make a very important single donation: Click HERE.
You may be wondering what the term "black box" means. A "black box" system is non-transparent; its functions are hidden from the public. Elections, of course, should not be black box systems.
Influential reporting by Black Box Voting is referenced worldwide. Here is a link to a free copy of the book, Black Box Voting: HERE. Author Bev Harris became known for groundbreaking work on electronic voting machines, which can remove transparency of the vote count; other important reporting pertains to voter lists, election chain of custody, transparency problems with absentee voting, election industry corporate governance, and financial accountability in elections.
Opaque, non-transparent voting can afflict voter lists, poll lists,vote counting and chain of custody; political finance can also be "black box." The road to better transparency begins with knowledge and public, grassroots dedication. I am glad you are here!
Bev Harris
Contact information: 206-335-7747
MEDIA INQUIRIES: for immediate response please send TEXT message
PO Box 72 Carlsborg WA 98324


KING: In the eyes of our justice system, a black life means less than a white statue

August 17, 2017, 12:31 PM

blink tank



Family: FBI Manipulated Schizophrenic Son to Inspire Bomb Plot in Oklahoma City

The family of a man accused of trying to detonate what he believed was a bomb outside of a bank in downtown Oklahoma City said the suspect is a paranoid schizophrenic and was manipulated by the FBI.

The mother and stepfather of 23-year-old Jerry Drake Varnell said undercover agents took advantage of their son’s mental condition and that he was incapable of carrying out an attack without additional help.

Varnell lived at home and was jobless because of his mental illness, Clifford and Melonie Varnell, of Oklahoma, said in a statement picked up by the Associated Press.

“The FBI came and picked him up from our home, they gave him a vehicle, gave him a fake bomb, and every means to make this happen,” the statement said, adding that authorities “should not have aided and abetted a paranoid schizophrenic to commit this act.”

The FBI declined to comment this week.

Link du jour









City high schoolers spend weeks restoring 71 gravestones of 19th century African-Americans in Brooklyn


NYT: Internet Users Should Be Alarmed by DOJ’s Pursuit of DreamHost Information

Do you use the internet? Are you interested in politics? Do you value your privacy? If you answered yes, you should be alarmed by the shockingly broad search warrant sought by the Justice Department, and approved by a judge in Washington, D.C., last month, targeting DreamHost, an internet hosting company based in Los Angeles.

As DreamHost explained in a blog post on Monday, it hosts disruptj20.org, a website that helped organize anti-Trump protests on Inauguration Day, and posted pictures of those protests in the days after. There were large-scale protests across Washington on Jan. 20, most of which involved peaceful marches or sit-ins. But some people turned to violence, breaking store windows, setting fires, throwing rocks at police officers and, in one case, assaulting Richard Spencer, the white nationalist, during a television interview. More than 200 people have been charged with felony rioting.

As part of its continuing investigation, the Justice Department demanded that DreamHost turn over “all records or other information” relating to the site, which received more than 1.3 million requests to view its pages in six days after the inauguration. Those records include personal information like I.P. addresses, which identify a specific computer; data about which of the site’s pages a user viewed, and when; and the type of operating software on that person’s computer. Federal prosecutors are also seeking all emails, photos and other content sent to and from the site.

“That information could be used to identify any individuals who used this site to exercise and express political speech protected under the Constitution’s First Amendment,” DreamHost wrote in its blog post.

It doesn’t matter whether the visitor is suspected of participating in a crime, or is even known to have attended the protests. If someone clicked anywhere on the site from anywhere in the world, the government wants to know.


‘I hope Trump is assassinated,’ Missouri lawmaker writes — and quickly regrets


Sacramento police release video of controversial encounter with black pregnant woman thrown
to ground


Vermont Man Accused of Spraying Liquid Manure on Marked Border Patrol Car

A Vermont man accused of spraying liquid manure on a marked Border Patrol car pleaded not guilty Thursday to charges of disorderly conduct and simple assault of a law enforcement officer with fluids.

Authorities said Mark Johnson, 53, covered the vehicle in manure after telling an agent that he should do more to arrest people in the country illegally, the Associated Press reports.


Two correction officers allegedly punched, kicked black inmate in face and lied about it later
NEW YORK DAILY NEWS Thursday, August 17, 2017, 6:51 PM


Black Florida inmate who died from police dog bite infection was ridiculed, laughed at by corrections officer
NEW YORK DAILY NEWS Friday, August 18, 2017, 2:32 PM


State Attorney General's office probed 11 police-related deaths, resulting in charges against 1 cop
NEW YORK DAILY NEWS Updated: Friday, August 18, 2017, 2:10 AM


California woman at center of Bay Area police sex scandal sues Richmond officers

 Saturday, August 19, 2017, 10:31 AM
Jasmine Abuslin, who also goes by Celeste Guap, has filed a lawsuit against several Richmond officers and their supervisers.

The 19-year-old sex worker at the heart of a scandal that’s rocked police departments across the Bay Area is suing several members of the Richmond police force.

In a lawsuit filed Thursday, Richmond resident Jasmine Abuslin — who also goes by the name Celeste Guap — alleged several officers had sex with her even though she was a minor, while others “turned a blind eye” to the abuse.

Her attorney, John Burris, named current Richmond Police Chief Allwyn Brown, former Chief Chris Magnus and Lt. Brian Dickerson as defendants for what he called a failure to supervise and stop the sexual misconduct of at least five Richmond police officers, Courthouse News reported.

Burris said the officers, most of them married, acted like “immoral frat boys” and should be fired. His client was identified as only Jane Doe in the federal complaint, but Burris confirmed her identity in speaking with the news outlet.

Abuslin, who started working as a prostitute at a young age, said officers knew she was “available to them for sexual favors and pleasure in exchange for paid monies, protection or other forms of consideration.”

She described her role there as an “exclusively department retained sex worker.”


Leaked memo reveals this congressman’s ridiculous demands of chauffeur

Friday, August 18, 2017, 3:40 PM


State Police announce new homeland security division

  AUGUST 17, 2017
The Massachusetts State Police will now include a new division specifically dedicated to homeland security, Governor Charlie Baker announced Thursday.

The Division of Homeland Security and Preparedness will increase efficiency in the State Police by consolidating efforts to counter terror, efforts to combat the opioid crisis, and the collection and analysis of criminal intelligence, Baker’s office said in a statement.

Those operations were previously spread across various divisions.

“By bringing the different elements of our homeland security operations under one command, we will enhance the ability for the State Police to coordinate, respond and protect the Commonwealth for critical incidents and threats like drug trafficking,” Baker said.

State Police Colonel Richard McKeon said troopers in the homeland security division are currently working with the Boston Police Department to ensure public safety at the “free speech rally” planned for Saturday.

The division was created when Baker signed the fiscal year 2018 budget and has been forming for the past two months, State Police spokesman Dave Procopio said in an e-mail.

“In an increasingly chaotic world, the time has come for the Massachusetts State Police to build the organization and structure needed to meet the challenges that threaten our safety, security, and freedoms,” McKeon said at the conference.

Certain sections of the division, such as the such as the new 24-hour watch center located at State Police general headquarters in Framingham, are still being developed, Procopio said.

The watch center will “monitor all developing incidents, anywhere in the state, nation, or world, that impact public safety and security,” McKeon said, allowing State Police to more efficiently coordinate responses from law enforcement agencies statewide.

In addition to its counterterrorism and antiopioid abuse efforts, the division will also include a section responsible for
Quote 0 0

How a network of citizen-spies foiled Nazi plots to exterminate Jews in 1930s L.A.


Sen. Bob Corker calls White House ‘an adult day care center’ in Trump Twitter feud
NEW YORK DAILY NEWS Sunday, October 8, 2017, 11:56 AM


What we talk about when we talk about talking: The CIA’s guide to semantics
The Agency’s required reading on communication skills came from an aluminum company
Written by Beryl Lipton
Edited by JPat Brown
During what would be the last month of his short-lived tenure as Director of Central Intelligence (DCI), William Raborn distributed to his employees copies of a publication he believed had “important and useful things to say about problems in communication.”


Houston student kicked out of her high school for sitting during Pledge of Allegiance
NEW YORK DAILY NEWS Saturday, October 7, 2017, 5:50 PM


A prison newsroom mourns
its former editor in chief,
recently released and then
killed in a crash

OCT 8, 2017
Jorge Heredia, an inmate, left, and Jesse Estrin, a facilitator, right, comfort one another during an emotional meeting, mourning the loss of Arnulfo Garcia at San Quentin State Prison. Christina House / Los Angeles Times
Down past the prison yard, where blue lilies grow near a fence topped with barbed wire, the men who manage one of the nation's only inmate-run newspapers were mourning.


Three shootings in three years, and officer wins back job
Theresa Vargas and Kimbriell Kelly, The Washington Post Published 5:12 pm, Saturday, October 7, 2017



Former FBI analyst announces bid for Congress in NE Minn.
Minnesota Public Radio News
Thirty-three-year-old Leah Phifer, a native of Two Harbors and current Isanti resident who stepped down from her job as an intelligence analyst for the FBI in May ...


Jeremy Scahill
October 8 2017, 10:19 a.m.

A lot of the debate around black NFL players kneeling to protest police killings and racism seems to take place in a historical vacuum. The history of athletes and protest is seldom mentioned and, what’s worse, the reason why Colin Kaepernick and his comrades began protesting during the national anthem has been drowned out in the shouting. On #MAGA twitter, flooded in recent weeks with angry mobs calling for a boycott of the NFL, various images have been making the rounds depicting Martin Luther King Jr. with his hand over his heart in respect for the American flag. One photo was accompanied by a message saying MLK “didn’t take the knee in protest of the flag or the anthem, he took the knee in prayer to God.” It was followed by the hashtag #BoycottNFL.

Invoking King’s name on the right is nothing new — ahistorical versions of King have been used to defend gun ownership, racial discrimination, and the Republican Party. In this current climate surrounding the NFL protests, King has once again been transformed into a malleable symbol for rampant deployment by people trying to tell protesters and black people today to shut up. One of the biggest problems with all of this is that it is based on complete fiction and total ignorance of who King actually was and what he actually believed. It is also particularly vile when used to try to suppress protest against police killings.

The same pattern applies to Rosa Parks and her civil disobedience against segregation on public buses. It applies to the civil rights movement in general. Caricatures have been created after being sanitized, historically revised, and made palatable for mass consumption and abuse by crass politicians. It is these sanitized versions that are made into statues, given national holidays, and may one day end up on U.S. currency.

An important and groundbreaking new book coming out in January digs deep into this manufactured mythology surrounding King, Parks, and other figures and movements. It is called “A More Beautiful and Terrible History: The Uses and Misuses of Civil Rights History.” Its author is Jeanne Theoharis, a distinguished professor of political science at Brooklyn College in New York. Her previous book, “The Rebellious Life of Mrs. Rosa Parks,” won an NAACP image award and other accolades. Theoharis joined us last week on Intercepted. Below is a transcript of the entire, unedited interview.


Cops in Florida killed a woman after an apparent hit-and-run crash where she knocked a police officer to the ground while trying to escape.


Englewood officer found guilty of falsifying deadly traffic crash report
She’s sentenced to 50 hours of community service
By KIERAN NICHOLSON | knicholson@denverpost.com | The Denver Post
October 6, 2017 at 4:57 pm
A former Englewood police officer was found guilty by an Arapahoe County jury on Friday of falsifying a report in a traffic crash, which later became fatal.

Link du jour






Worried About Trump’s Mental Stability? The Worst Is Yet to Come.
Mehdi Hasan
October 7 2017, 9:12 a.m.


Seattle City Light has paid $7.8M to off-duty cops in ‘unusual relationship’
Originally published October 8, 2017 at 6:00 am


Man jailed for mishandling secrets: Hillary deserves lockup
Just days after the FBI announced it would not prosecute Hillary Clinton for her mishandling of classified information, U.S. Navy Petty Officer Kristian Saucier was ...


'Security not paid in euro': German security chiefs reject pan ...
Gears Of Biz-
In August, the President of the European Parliament, Antonio Tajani said he wants to establish a domestic intelligence service similar to America's FBI within the ...

Russian-Jewish Businessmen Sue After Being Named In Spy’s ‘Trump Dossier’
October 8, 2017 By Reuters

Russian billionaires and businessmen Mikhail Fridman (L) and Petr Aven attend the plenary session of the Congress of Russian Union of Industrialists and Entrepreneurs.

WASHINGTON (Reuters) - The special counsel investigating whether Russia tried to sway the 2016 U.S. election has taken over FBI inquiries into a former British spy’s dossier of allegations of Russian financial and personal links to President Trump’s campaign and associates, sources familiar with the inquiry told Reuters.

Read more: http://forward.com/fast-forward/384556/russian-jewish-businessmen-sue-after-being-named-in-spys-trump-dossier/


Congress is dropping the ball on Trump's obstruction of justice
Hot Air-
If Burr means by this that questions of obstruction of justice or the institutional relationship between the White House and the FBI on investigative matters are not ...


Ex-Convict Michael Grimm: Steve Bannon Is 'Very Excited' to Get Me ...
Gears Of Biz-22
What convinced the high-octane former Marine and FBI agent—who resigned his congressional office after pleading guilty to felony tax evasion—that Bannon is ...


If Toyota and Mazda make electric cars together, where's Subaru?

Oct 6, 2017

At the end of September, Toyota and Mazda announced they would form a joint venture with parts maker Denso to design, test, and build components for a shared electric-car platform.

Earlier interviews with Mazda indicate that the small Japanese maker will create its first all-electric model for volume production by putting a unique body on top of those underpinnings, also used by Toyota.

On reflection, though, that rather begged the question: what about Subaru?


Nissan e-NV200 electric van gets longer-range battery; still no U.S. plans
Oct 5, 2017

Nissan Europe said it is rated at up to 280 km (174 miles) on the NEDC test cycle, though a comparable U.S. EPA figure would likely be 120 to 140 miles.

The 2018 Leaf, which is considerably more aerodynamic than the upright e-NV200 van, is rated by the EPA at 140 miles from its 40-kwh battery.

A longer-range Leaf with a 60-kwh battery and range of more than 200 miles will go on sale at a higher price as a 2019 model in the U.S.

Quote 0 0

FBI agents block access to Boston Marathon bomber. Why?
He can show bombing was a FBI Operation





For over two years now, WhoWhatWhy has been trying to get the government to give us the details of the justification behind incarcerating convicted Boston Marathon bomber Dzhokhar Tsarnaev under a repressive confinement regime known as Special Administrative Measures (SAMs). SAMs make it nearly impossible for the media to have any access to prisoners.

The Department of Justice (DOJ) refuses to budge and continues to deploy the dubious logic that to confirm or deny the existence of SAMs would be an unwarranted invasion of Tsarnaev’s privacy. This was in response to a request we filed back in 2015 through the Freedom of Information Act (FOIA), seeking documents about the conditions of Tsarnaev’s confinement. The DOJ denied our request and subsequent appeal.

And yet, the Bureau of Prisons (BOP), a division of DOJ, readily confirms that Tsarnaev is in fact being held under SAMs.

WhoWhatWhy twice submitted requests to interview Tsarnaev to the warden of the maximum-security federal penitentiary in Florence, Colorado, referred to as ADX Florence. We sent one in October 2015, and another in August 2017; both times we were told we could not interview him because “Inmate Tsarnaev has Special Administrative Measures,” which, among other things, “restricts [his] communication, to include contact with the media.”

Essentially a form of solitary confinement, SAMs typically bar prisoners from communicating with anybody outside their prison cells, except for a very small number of pre-approved individuals, such as attorneys and inmates’ family members. SAMs were originally justified as a way to prevent members of organized crime from sending to compatriots outside the prison messages that could conceivably result in death or serious bodily injury. In the case of Tsarnaev, this justification rings hollow since DOJ insists that he and his brother Tamerlan had no “nexus” to any terrorist group and acted completely on their own.

But it also has the effect of giving the government total control over the narrative and backstory of a troubling event like the Boston Marathon bombing. No one from the media can speak with Tsarnaev and even his defense team and family are severely restricted in what they can reveal about their communications with him.

ADX Florence
The US Penitentiary, Administrative Maximum Facility in Florence, Colorado. (ADX Florence) Photo credit: FBP / Wikimedia.

Back in April 2016, we highlighted the Kafkaesque situation for a prisoner under SAMs.

We wrote about how DOJ denied our first request under FOIA exemption 7(C); the department stated that “lacking [Tsarnaev’s] consent … even to acknowledge the existence of such records … could reasonably be expected to constitute an unwarranted invasion of his personal privacy.” 7(C) is meant to protect the privacy of individuals whose records are held by law enforcement agencies.

We appealed, pointing out that BOP had already confirmed the existence of the SAMs, and it was the very existence of the SAMs that prevented us from getting Tsarnaev’s “consent.” However, DOJ affirmed the denial of our initial request under a slightly modified “categorical” invocation of exemption 7(C) and added for good measure that it was not even “required to conduct a search for the requested records.”

The day after our article ran, officials in the DOJ’s Office of Information Policy (OIP) emailed each other links to the article. How do we know? Because we FOIA’d our FOIA request.

We had hoped to gain some insight into the decision-making process behind the rejection of our FOIA request and appeal. The results were not very enlightening.

We obtained 29 pages from the DOJ’s OIP in total — 10 of which are the requests and appeals we sent, with their corresponding responses. Another three and a half pages are blacked out and labeled “Non-Responsive Records.” We’re still waiting on records related to the initial request, which are processed by a different office.

It’s not clear what, if anything, OIP officials had to say about our article other than linking to it. Most of the substance of each email between OIP officials is redacted.

Melanie Ann Pustay, OIP
OIP Director Melanie Ann Pustay. Photo credit: DoJ

The balance of the heavily redacted records are processing worksheets and emails between OIP employees. Anything related to decision-making about the appeal is blacked out under (b)(5), the infamous “withhold it because you want to” exemption. FOIA experts roundly criticize the exemption because of its broad language and its increasing use by executive branch agencies.

It’s Who You Know?
In our ongoing effort to chip away at the wall of silence surrounding Tsarnaev, we also sent him a letter asking if he was willing to be interviewed. We were hoping to preempt any “without his consent” reasoning that we had encountered previously. The envelope was returned — opened — and accompanied by a notice indicating that the “correspondence was not delivered to the inmate because the inmate is not approved to correspond from [sic] you.”

Interestingly, director Peter Berg of Patriots Day, the Hollywood production about the Boston Marathon bombing, was quoted as saying he had corresponded with the incarcerated Dzhokhar Tsarnaev.

“I did a lot of research on them,” director Peter Berg supposedly told Total Film magazine. “I met women who had dated them. I met the boxing coach of the older brother. I met the landlord. I wrote two letters to Dzhokhar in prison; he wrote one back [emphasis added].”


FBI agents block access to Oklahoma City bomber Terry Nichols. Why?
He can show it was a FBI Operation.As of October 23 2017 case is still before Judge Kimball.



FBI Fights Order For Deposition Of Oklahoma City Bombing Conspirator

...... Attorney Jesse Trentdue is seeking to show that his brother Kenneth, a convicted bank robber picked up on a parole violation, was mistaken for an associate of Timothy McVeigh's and killed during an interrogation that got out of hand. ...
David Goodhue - AHN Reporter
November 9, 2008
The FBI said this week that it disagrees with U.S. District Court Judge Dale A. Kimball's decision in September to allow Nichols and David Paul Hammer to make a videotaped interview regarding the case and the death of Kenneth Trentdue.
The Justice Department filed notice Nov. 4 that it is asking the 10th U.S. Circuit Court of Appeals in Denver to reverse Kimball's order.
Attorney Jesse Trentdue is seeking to show that his brother Kenneth, a convicted bank robber picked up on a parole violation, was mistaken for an associate of Timothy McVeigh 's and killed during an interrogation that got out of hand.
McVeigh carried out the 1995 bombing of the Alfred P. Murrah Building in Oklahoma City that killed 168 people. He was executed in 2001.
Kenneth Trentdue died at the Federal Transfer Station in Oklahoma City a few months after McVeigh and Nichols were arrested for their roles in the bombing. The government says Kenneth Trentdue committed suicide.
Nichols and Hammer, who is on death row at the federal penitentiary at Terre Haute, Ind., have both supplied Jesse Trentdue with written affidavits concerning McVeigh .
Nichols is serving a life sentence at the U.S. Penitentiary Administration Maximum Security Facility in Florence, Colo. He is now claiming a high-ranking FBI official "apparently" was directing McVeigh in the bombing plot, the Salt Lake Tribune reported this week.





ResetAAFont size:Print 19
United States Court of Appeals,Tenth Circuit.
Jesse C. TRENTADUE, Plaintiff-Appellee, v. FEDERAL BUREAU of INVESTIGATION;  Federal Bureau of Investigation's Oklahoma City Field Office, Defendants-Appellants.

No. 08-4207.
Decided: July 02, 2009
Before TACHA, EBEL, and HARTZ, Circuit Judges.Nicholas Bagley, Assistant United States Attorney, Appellate Staff Civil Division, (Gregory G. Katsas, Assistant Attorney General, Brett L. Tolman, United States Attorney, and Mark B. Stern, Assistant United States Attorney, Appellate Staff Civil Division, with him on the brief), of Washington, D.C. for Defendants-Appellants. Jesse C. Trentadue, pro se.
Jesse Trentadue, apparently spurred by concern about the death of his brother in federal custody, has vigorously sought information concerning investigations conducted by the Federal Bureau of Investigation (FBI).1  This appeal arises out of his suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to obtain records of the FBI's investigation into the infamous bombing of the Alfred R. Murrah Federal Building in Oklahoma City in 1995.   His request is limited to records that relate to the Southern Poverty Law Center (SPLC) and its founder Morris Dees. After initially producing no records, the FBI eventually provided 19 redacted documents, and the district court ruled that the agency need not conduct any further searches of its records.   Several months later, however, Mr. Trentadue moved the court for permission to depose Terry Nichols, a convicted conspirator in the Oklahoma City bombing, and David Paul Hammer, a death-row inmate who purportedly had discussed the bombing with a fellow inmate, Timothy McVeigh, who was executed for his role in the bombing.   In support of the motion, Mr. Trentadue submitted declarations by Nichols and Hammer.   The court granted the motion over the FBI's objections.

The FBI appeals the discovery order, and we reverse.   The FBI submitted declarations to the district court that provide a consistent and uncontradicted showing that it has conducted an adequate search for the records requested by Mr. Trentadue, and there is no reason to believe that depositions of Nichols and Hammer would produce evidence relevant to this FOIA case.


 FOIA was enacted to enable the public to examine government records.   See Campaign for Responsible Transplantation v. FDA, 511 F.3d 187, 190 (D.C.Cir.2007) (“FOIA is a disclosure statute enacted to facilitate public access to Government documents.” (internal quotation marks omitted)).   The general rule under FOIA is that a person is entitled to copies of a federal agency's records upon making a request that “reasonably describes such records” and that complies with required procedures for such requests.   5 U.S.C. § 552(a)(3)(A)(i).   Certain categories of records, however, are exempt from disclosure.   See id. § 552(b)(1)-(b)(9) and § 552(c)(1)-(c)(3).   When a request is made, the agency ordinarily must “determine within 20 [business] days ․ whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor․” Id. § 552(a)(6)(A)(i).   If the agency decides to comply with the request, “the records shall be made promptly available” to the requester.  Id. § 552(a)(6)(C)(i).   If the agency decides not to comply, the requester can seek relief in federal court.   District courts have “jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.”  Id. § 552(a)(4)(B).

FOIA does not set forth a general standard regarding how hard an agency must look to find requested records.   On that issue the sole relevant provision, which was added in 1996, states:  “In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system.”  Id. § 552(a)(3)(C) (emphasis added);  Pub.L. 104-231, § 5(4), 110 Stat. 3048 (1996).   Although § 552(a)(3)(C) concerns only electronic searches, it appears to reflect an implicit assumption by Congress that an agency's search for records need only be “reasonable” in scope and intensity.   The circuit courts to address the issue have so construed FOIA-both in its original form, see Nat'l Cable Television Ass'n, Inc. v. FCC, 479 F.2d 183, 192 (D.C.Cir.1973), and since § 552(a)(3)(A) acquired its present form in 1974, see Meeropol v. Meese, 790 F.2d 942, 956 (D.C.Cir.1986) (adequacy of search “is measured by the reasonableness of the effort in light of the specific request”);  Weisberg v. Dep't of Justice, 705 F.2d 1344, 1351 (D.C.Cir.1983);  Goland v. CIA, 607 F.2d 339, 352 & n. 78, 369-70 (D.C.Cir.1978);  Gillin v. IRS, 980 F.2d 819, 822 (1st Cir.1992) (following Meeropol);  Ruotolo v. Dep't of Justice, Tax Div., 53 F.3d 4, 9 (2d Cir.1995) (agency need not perform search that is “unreasonably burdensome”);  Abdelfattah v. U.S. Dep't of Homeland Sec., 488 F.3d 178, 182 (3d Cir.2007) (per curiam);  Rein v. U.S. Patent & Trademark Office, 553 F.3d 353, 362 (4th Cir.2009) (following Meeropol);  Patterson v. IRS, 56 F.3d 832, 841 (7th Cir.1995) (following Meeropol);  Miller v. U.S. Dep't of State, 779 F.2d 1378, 1383 (8th Cir.1985) (“[T]he search need only be reasonable;  it does not have to be exhaustive.”);  Zemansky v. U.S. EPA, 767 F.2d 569, 571 (9th Cir.1985) (“[A]dequacy of the search ․ is judged by a standard of reasonableness ․”) (internal quotation marks omitted);  Miccosukee Tribe of Indians of Fla. v. United States, 516 F.3d 1235, 1257 (11th Cir.2008) (following Meeropol ).

 We follow our sibling circuits.   Their “reasonableness” rule is a realistic interpretation of FOIA. Although FOIA might be read to demand that an agency provide every nonexempt requested document regardless of the cost of locating it, we doubt that Congress would have chosen to impose “unreasonable” burdens on agencies in that regard.

 In light of the reasonable-search requirement, the focal point of the judicial inquiry is the agency's search process, not the outcome of its search.  “The issue is not whether any further documents might conceivably exist but rather whether the government's search for responsive documents was adequate[,] ․ [which is determined under] a standard of reasonableness, and is dependent upon the circumstances of the case.”   Weisberg, 705 F.2d at 1351 (brackets, citations, and internal quotation marks omitted);  see Rugiero v. U.S. Dep't of Justice, 257 F.3d 534, 547 (6th Cir.2001) (“The question focuses on the agency's search, not on whether additional documents exist that might satisfy the request.”);   Office of Info. & Privacy, U.S. Dep't of Justice, Freedom of Information Act Guide at 103-13, 954-58 (2007);  1 James T. O'Reilly, Federal Information Disclosure § 7:4 at 164 (3d ed.   2000) (“The courts require reasonable, not extraordinary, searches by the agency․ The test is adequacy of the search, not existence of any record.”).   The reasonableness of an agency's search turns on “the likelihood that it will yield the sought-after information, the existence of readily available alternatives, and the burden of employing those alternatives.”  Davis v. Dep't of Justice, 460 F.3d 92, 105 (D.C.Cir.2006).


A. The FOIA Request

On July 19, 2004, Mr. Trentadue submitted a letter to the FBI and its Oklahoma City Field Office, making two requests under FOIA. The first request was for a January 4, 1996, “memorandum from former FBI Director [Louis] Freeh concerning Morris Dees and the Southern Poverty Law Center (‘SPLC’)” (which we will call “the Freeh Memorandum”).   J.A. Vol 1 at 39.   The memorandum, according to Mr. Trentadue, referenced an “SPLC informant at Elohim City,” id., the site of what he characterizes as a “white supremacist paramilitary camp compound” in Oklahoma that included persons purportedly involved in the Oklahoma City bombing, id.   Vol. 4 at 986.   Mr. Trentadue's letter attached a newspaper article describing the Freeh Memorandum.

Mr. Trentadue's second request was for records

which, directly or indirectly, report upon, concern, reference or refer to Morris Dees' and/or the SPLC's involvement with and/or connection to the following:  Elohim City, OKBOMB, BOMBROB, Tim McVeigh, Richard Guthrie, Terry Nichols, Dennis Mahon,[ ] Robert Millar, Michael Brescia, Peter Langan and/or Andreas Strassmeir including all contacts Dees or the SPLC may have indirectly had with the foregoing through informants.

Id. Vol. 1 at 40.   OKBOMB is a reference to the FBI's investigation of the Oklahoma City Bombing.   BOMBROB refers to the FBI's investigation of the Mid-West Bank Robbery Gang, a group of neo-Nazis who, according to Mr. Trentadue, were “suspected by the FBI of being involved in the robbery of banks to fund attacks upon the government of the United States.”  Id. at 47.   The request continued:

In searching for documents-records responsive to this Freedom of In [f]ormation Act request, I want you to look beyond the official files at FBI Headquarters and the Oklahoma City Field Office.   Specifically, in addition to all responsive documents-records from the FBI's official files, I want all responsive documents-records from the I-Drive, S-Drive and/or any other electronic device used for purposes of document-evidence storage, retention, holding, review, etc. at FBI Headquarters and/or the Oklahoma City Field Office, including any responsive documents-records from temporary document, record, data and/or evidence storage locations, files and/or facilities regardless of where such storage files or facilities are located.

Id. at 23.

One week later the FBI sent to Mr. Trentadue a form letter confirming receipt of his FOIA request.

B. Mr. Trentadue's Suit

1. The Claim and Summary-Judgment Motions

Because the FBI had not produced the requested records within 20 business days, see 28 C.F.R. § 16.6(b), Mr. Trentadue initiated a FOIA suit against the FBI and the FBI Oklahoma City Field Office on August 20, 2004, in the United States District Court for the District of Utah. (We will refer to the defendants jointly as the FBI.) He alleged that the FBI had a duty under FOIA to produce the requested documents and that there was no legal basis to withhold them.  (Mr. Trentadue later amended his complaint to pursue an additional FOIA request.   For simplicity, we will address that request only when relevant to this appeal.)

The FBI answered on September 20.   It sought dismissal of the complaint, asserting that it was “exercising due diligence to process [Mr. Trentadue's] requests as quickly as possible.”   J.A. at 55.

Mr. Trentadue then moved for partial summary judgment with respect to the Freeh Memorandum, arguing that he had already seen the memorandum, which the FBI had produced in response to a FOIA request from someone else.   He also argued that the FBI had waived any exemptions to production under FOIA by failing to assert them in the letter to him or in its answer to the complaint.

On November 22 the FBI responded to Mr. Trentadue's partial-summary-judgment motion and filed its own summary-judgment motion, contending that it had responded to his request and that his claims were now moot.   It said that it could not provide documents concerning Morris Dees unless it received proof of his death or a privacy waiver signed by him.   As for the remainder of Mr. Trentadue's FOIA request, the FBI said that it could not find any requested documents.   Its memorandum attached a letter to Mr. Trentadue sent by the FBI on November 18.   The letter stated, “Based on the information you provided, we have not located [the Freeh] memorandum through a search of our indices of our Central Records System․” Id. at 77.   And with respect to the remainder of Mr. Trentadue's request (other than the allegedly protected information regarding Dees), the letter said that a search “of the indices in our Central Records System files both at FBI Headquarters and in the Oklahoma City Field Office[ ] has revealed no responsive records.”  Id. at 78.

2. Mr. Trentadue's Allegations of Bad Faith and the FBI Responses

Mr. Trentadue responded to the FBI's memorandum by arguing that the FBI was intentionally withholding documents and acting in bad faith.   To support this allegation, he submitted a redacted copy of the Freeh Memorandum that he had requested and a redacted teletype (which he terms the “BOMBROB-Funding Memorandum”) that he claimed to be “from FBI Director Louie Freeh dealing with the very subjects of Plaintiff's FOIA Request.”   Pl.'s Combined Mem. in Opp'n to FBI Defs. Mot. for Summ. J. & Pl.'s Rule 56(f) Mot. for Continuance Pending Disc. at 5-6, Trentadue v. FBI, No. 2:04 CV 00772 DAK, 2004 WL 3482786 (D.Utah Nov. 30, 2004).   He asserted that these two documents revealed that “FBI Defendants and/or the SPLC had an informant at Elohim City who reported that two weeks before the bombing of the Murrah Building Tim McVeigh contacted Elohim City trying to recruit others to assist him in carrying out that attack․” J.A. 82.   Thus, according to Mr. Trentadue, the “FBI Defendants knew about and fail[ed] to prevent the attack upon the Murrah Building,” and therefore had an incentive to withhold documents showing such knowledge.   Id. at 82-83 (emphasis omitted).   Mr. Trentadue also submitted a declaration from a retired FBI agent, stating his belief (1) that the teletypes were authentic, and (2) that “it would be a simple matter to retrieve either of these teletypes” through searches of the “respective case files for the serial[ ] [numbers] entered on or about the date of each teletype.”  Id. at 96.   As the former FBI agent observed, the Freeh Memorandum listed two file numbers belonging to the OKBOMB investigation, 174A-OC-56120 and 91A-OM-41859, and the BOMBROB-Funding Memorandum listed a third file number belonging to that investigation, 100A-PH-79375.   In addition, Mr. Trentadue argued that Dees's privacy interest was outweighed by the substantial public interest in disclosure.   Finally, Mr. Trentadue filed a request under Federal Rule of Civil Procedure 56(f) for a continuance “until Plaintiff has completed limited discovery on the existence of the documents and/or records in question.”   Pl.'s Combined Mem. in Opp'n at 3, Trentadue, No. 2:04 CV 00772 DAK, 2004 WL 3482786 (Nov. 30, 2004).

On January 4, 2005, the FBI replied.   It clarified that its position was not “that responsive documents do not exist, only that [its] search did not locate any documents responsive to Plaintiff's request.”   The Federal Defs. Reply Mem. in Supp. of their Mot. for Summ. J. & in Opp'n to Pl.'s Mot. to Strike & Stay Dis. (Defs.Reply) at 6, id.  (Jan. 4, 2005).   It maintained that it had made a good-faith effort to search for the requested documents, warranting summary judgment.   To establish its good-faith search efforts, it attached to its reply a December 9, 2004, declaration of David Hardy, Section Chief of the Record/Information Dissemination Section of the FBI's Records Management Division in Washington, D.C. The declaration explained that the FBI's indices to its Central Records System (CRS) generally refer only to subjects of investigations, suspects, and victims, although other names may be indexed by an investigator or supervisor if considered relevant or necessary for later retrieval.2  It then described the search for the records requested by Mr. Trentadue, stating that the search for records referring to Dees was awaiting a proper privacy waiver and that the search for the other records, using “Southern Poverty Law Center” as the search term, was fruitless.3

On February 17, 2005, the FBI submitted a second declaration by Mr. Hardy.   Attached to the declaration was a redacted copy of the Freeh Memorandum.   The declaration explained why the FBI was now able to produce the document:

(7) The initial search of the CRS indices at FBIHQ and the Oklahoma City Field Office, (“OCFO”) for [the Freeh Memorandum] revealed that, based on the information provided in plaintiff's initial request letter to FBIHQ and the OCFO, the FBI could not locate the original document.

(8) The initial search of the CRS indices at FBIHQ and the OCFO for the [Freeh Memorandum] was conducted by using the search term “Southern Poverty Law Center” as described in the Hardy Declaration ¶ 12.   Additionally, a search for the memorandum using the name “Timothy McVeigh,” failed to reveal the [Freeh Memorandum].

(9) Based on new information [the redacted version of the Freeh Memorandum submitted by Mr. Trentadue] attached as Exhibit A to plaintiff's November 23, 2004 REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT, it was determined that the document was a teletype dated January 4, 1996.   An electronic search of file 174A-OC-56120 for teletypes dated January 4, 1996, was conducted.   This additional search revealed the teletype in question which was contained within the FBI's OKBOMB investigative file which investigation was conducted pursuant to 18 U.S.C. § 844(d).

Second Decl. of David M. Hardy at 3-4 (footnote omitted), Trentadue, No. 2:04 CV 00772 DAK (Feb. 17, 2005).   The declaration did not detail search efforts to find the so-called BOMBROB-Funding Memorandum.

3. The District Court's Initial Ruling

On May 5, 2005, the district court denied the FBI's summary-judgment motion, and granted Mr. Trentadue's partial-summary-judgment motion.  “Given the specific nature of [Mr. Trentadue's] requests ․ and [his] specific evidence that at least some of the requested documents do exist and reasonably should have been found by the FBI,” the district court found that the FBI's search “was not reasonably calculated to discover[ ] the requested documents.”   J.A. Vol. 1 at 159.   It concluded that “[w]hen the FBI's computer search did not identify any responsive documents, it was incumbent upon the FBI to review the actual files for such documents.”  Id. at 160.

In a footnote the district court provided further reason why it doubted the adequacy of the FBI's search.   It cited documents provided by Mr. Trentadue regarding his FOIA request for records relating to the FBI investigation of his brother's death.   One document was a teletype from FBI headquarters to its field offices instructing that documents prepared for the investigation “must not be uploaded into the Automated Case Support [ (ACS) ] system” without prior approval.  Id. at 159 n. 2 (emphasis omitted).   Two other documents were FBI teletypes that the court characterized as indicating that “the FBI lobbied former Senator Don Nickels of Oklahoma to obtain his assurances that no Senate Judiciary Committee oversight would take place with respect to the FBI's handling of the Trentadue investigation.”  Id. at 159-60 n. 2.

The district court also ruled that privacy concerns did not justify withholding or redacting documents because the public interest in the information outweighed any privacy interests of the individuals involved.   Accordingly, the court ordered that by June 15 the FBI must (1) produce unredacted versions of the Freeh Memorandum and the BOMBROB-Funding Memorandum, and (2) manually search the OKBOMB files numbered 100A-PH-79375, 174A-OC-56120, and 91A-OM-41859-the file numbers listed on the redacted copies of the teletypes that Mr. Trentadue had provided the court-for documents responsive to Mr. Trentadue's FOIA request.   The court denied as moot Mr. Trentadue's motion for a continuance pending further discovery, but added that “[u]pon motion, the court will permit Plaintiff to conduct discovery should the FBI fail to produce documents and/or records responsive to his FOIA request.”   Id. at 160.

4. FBI's Motion for Reconsideration and District Court's Revised Order

The FBI moved for reconsideration of the district court's order.   It claimed that (1) the redacted material in the Freeh Memorandum was exempt from disclosure because it would compromise the identity of and information provided by a confidential informant;  (2) the BOMBROB-Funding Memorandum did not reference the SPLC and therefore was not responsive to Mr. Trentadue's initial FOIA request;  and (3) the additional search ordered by the court would be unduly burdensome.

In support of its motion, the FBI submitted a third declaration from David Hardy.   Hardy stated that file number 174-OC-56120, one of the three files to be searched under the court's order, contained about 1,152,000 pages.   He asserted that the manual search ordered by the court would be “extremely time consuming and unprecedented in the history of the FBI FOIA Program.”   Id. at 204.  (The agency's brief below estimated that such a manual search would require “thousands of work hours to complete.”  Id. at 192.)   Mr. Hardy also described interim search efforts that the FBI had conducted in an attempt to comply with the order.   He said that the FBI had manually searched two of the three files named in the order, which contained about 4,100 pages.   And with respect to the 174A-OC56120 file, the agency had performed an electronic search.   He described that search as a

“text search” of the ZyIndex which is not a shared drive, but rather is an automated system component which has been used by the OKBOMB Task Force.   ZyIndex is an off-the[-]shelf software application that indexes words and phrases to allow an electronic retrieval of documents.   An initial “text search” conducted on the ZyIndex indicates that there are approximately 340 documents that are potentially responsive to plaintiff's request.   It took two individuals two days to conduct this burdensome search of the index for the terms “Elohim/Poverty;” “Elhoim/Poverty;” “OKBOMB/Poverty;” “BOMBROB/Poverty;” “McVeigh/Poverty;” “Guthrie/Poverty;” “Nichols/Poverty;” “Mahon/Poverty;” “Millar/Poverty;” “Brescia/Poverty;” “Langan/Poverty;” and “Strassmeir/Poverty.”

Id. at 205 (footnotes omitted).   The 340 potentially responsive documents had not yet been reviewed by the agency to weed out duplicates and to determine whether the documents were responsive and not covered by FOIA exemptions.

In addition, Mr. Hardy provided the context behind the FBI's teletype instructing its field offices not to upload into the ACS system any documents from the investigation into the death of Mr. Trentadue's brother.   Such uploading, Mr. Hardy explained, would have made the text of these classified documents available electronically, thereby jeopardizing the security and privacy of FBI employees.  (Apparently, some FBI employees were subjects of the investigation and others were witnesses.)   The documents would still be retrievable through an electronic search of the FBI's computerized indices.

The district court stayed its initial order pending further briefing.   It added that “[t]o the extent that [the FBI has] discovered documents that are responsive to Plaintiffs's FOIA requests (as interpreted by [the FBI] ) and to which [the FBI does] not assert any FOIA exemption, [it] shall produce such documents as they become available.”  Id. at 239.   On July 22, 2005, the FBI produced 17 documents and filed a “Notice of Release of Documents to Plaintiff” with the court.  Id. at 240.

Still unsatisfied, Mr. Trentadue filed a response to this notice on July 28, 2005.   He claimed that the documents produced were improperly redacted and that the FBI could have produced more documents because (1) the documents produced referenced other responsive documents (e.g., enclosures with teletypes) that were not produced;  (2) the oldest document produced was generated a week after the Oklahoma City Bombing, even though the FBI's undercover investigations had allegedly begun before the bombing;  and (3) the FBI still had not yet performed searches using the terms “Morris Dees” or the initials “SPLC.”

The FBI responded that its production of the 17 documents was not in bad faith.   It maintained that it had not omitted documents that were referenced by the documents it had produced.   Another declaration from David Hardy explained that “[i]f a released document referred to or referenced another document, the referred to or referenced document was also released if it, too, was responsive to plaintiff's FOIA requests․” Id. Vol. 2 at 497.   Likewise, “[e]nclosures referred to by a released document were included in the July 21 release, if the enclosures were located in the FBI's search.   There were two such enclosures.”  Id. at 498. Hardy noted that follow-up searches were sometimes necessary to locate these enclosures, because “[a]s a general matter, in the filing process, enclosures often become separated from their cover documents.”  Id. Two enclosures were not located.   One was a floppy disk;  Hardy stated that “[f]loppy disk enclosures are destroyed in the ordinary course.”  Id. The other was a newspaper article, although the article was “identified [in the released document] with sufficient specificity for [Mr. Trentadue] to obtain the document from public sources, should he so desire.”   Id.

In an order issued on March 30, 2006, the district court declined to reconsider its earlier finding that the FBI's initial search had not been reasonably calculated to uncover responsive documents.   The court did, however, agree with the FBI that it need not produce the BOMBROB-Funding Memorandum, whose failure to mention either Dees or the SPLC made it nonresponsive to Mr. Trentadue's initial FOIA requests.   And it agreed with almost all the FBI's redactions.   Most relevant to this appeal, it “relieved [the FBI] of conducting a manual search of the OKBOMB file․” Id. Vol. 3 at 902.   Instead, the court ordered the FBI to conduct searches like those already conducted but using the names “Morris Dees” (overruling the FBI's privacy contention) and “SPLC” (the FBI had employed the search term poverty in its ZyIndex to cull documents mentioning the Southern Poverty Law Center).   The court noted:

[I]t is so troubling that ․ the disclosed documents also refer to other attachments that at one time appear to have accompanied the document, yet these documents have not been produced. While the FBI's failure to discover documents is not necessarily an indication of bad faith, it is puzzling that so many documents could be referenced but not produced.   But given the nature of Plaintiff's initial FOIA request and the searches that have been conducted by the FBI thus far, the court declines to order further searches beyond what the court has ordered above.   It appears likely, however, that the FBI has not seen the last FOIA request from Plaintiff.

Id. at 901.   After further searching, the FBI produced one additional document.

5. Mr. Trentadue's Motion for Discovery and District Court's Ruling

In February 2007, eight months after the FBI's production of the additional document, Mr. Trentadue filed the motion that generated this appeal.   The motion seeks authorization to take videotaped depositions of Terry Nichols, who was convicted for his role in the Oklahoma City Bombing, and David Paul Hammer, a death-row inmate who claimed to have discussed the bombing in detail with Timothy McVeigh while the latter was on death row.   In the motion Mr. Trentadue reiterated his allegation that the FBI's production of documents had been in bad faith because other responsive documents-especially ones created before the bombing-had to be in FBI files.   The depositions of Nichols and Hammer, he asserted, would “set forth facts establishing a link between Elohim City and the Murrah Building bombing,” thereby “establishing FBI Defendants' apparent complicity in that crime through informants,” id.   Vol. 4 at 988, and would provide evidence of “FBI Defendants' bad faith response to Plaintiff's FOIA requests,” id. at 1008.   To support his motion, Mr. Trentadue submitted declarations by Hammer and Nichols, both of whom gave accounts of alleged involvement of government informants in the bombing.

The FBI opposed the motion, arguing:  (1) the district court lacked jurisdiction to grant discovery because the district court had already resolved all issues in the case and had no authority under FOIA to order discovery designed only to further a private investigation into terrorism;  and (2) Mr. Trentadue had provided no grounds for reopening the case under Federal Rule of Civil Procedure 60(b) and had presented no evidence to support a suspicion that Defendants had inadequately responded to his FOIA request.

Stating that it had never closed the case, the district court granted Mr. Trentadue's discovery request.   With respect to the merits of the discovery request, the court cited its earlier order stating that “[u]pon motion, the court will allow Plaintiff to conduct discovery should the FBI fail to produce documents and/or records responsive to [his] FOIA requests.”  Id. at 1155 (internal quotation marks omitted;  first brackets in original).   The court then explained:

In light of (1) the court's previous finding that the FBI's original search was not reasonably calculated to locate responsive documents;  (2) the troubling absence of documents to which other documents referred;  and (3) the information that Plaintiff has thus far discovered from Terry Lynn Nichols and David Paul Hammer, the court is persuaded that it continues to maintain jurisdiction over this action, and, furthermore, that by allowing the requested depositions, Plaintiff may be better able to identify the existence of other records responsive to his FOIA request that have not yet been produced.


The FBI filed a motion for reconsideration.   It reiterated its earlier arguments, but also stressed that discovery in a FOIA action should be limited to “the scope of the agency's search for responsive documents and its indexing and classification procedures,” not expanded into “a fishing expedition into the investigatory action taken by the agency․” Id. at 1161.   Because Nichols and Hammer lacked any knowledge of the FBI's search for records, the FBI argued, deposing them would be tantamount to “conduct[ing] discovery into the Oklahoma City bombing investigation,” an unprecedented move given that neither Mr. Trentadue, nor the court, cited any authority allowing for depositions of nonagency personnel.  Id. The FBI also argued, alternatively, that the court should prohibit video recording of the depositions out of concern for prison security.

The district court denied Defendants' motion except that it ordered that the video show only the deponents and placed other restrictions on the use of video-recording equipment.   The court closed the case, but added that “[i]f Plaintiff is correct and through these depositions he discovers the existence of records responsive to Plaintiff's FOIA request, he may file a motion to reopen the case.”  Id. at 1313.


The issue before us on appeal is whether the district court properly authorized the depositions of Nichols and Hammer.   The FBI argues that such discovery is inappropriate because (1) the FBI has submitted detailed affidavits establishing the reasonableness of its search, and the district court never found the described search to be inadequate or to have been conducted in bad faith;  (2) discovery in FOIA proceedings is limited to the adequacy of the agency's search processes, not its outcome;  (3) the depositions of Nichols and Hammer can provide no information about the nature or scope of the agency's search;  (4) the declarations of Nichols and Hammer do not even mention the Southern Poverty Law Center or Morris Dees, which are the subjects of the FOIA request;  and (5) videotaped depositions of federal prisoners present substantial security concerns.

 We review the district court's discovery order for abuse of discretion.   See Wood v. FBI, 432 F.3d 78, 82 (2d Cir.2005) (discovery in FOIA case).  “A district court abuses its discretion where it commits a legal error or relies on clearly erroneous factual findings, or where there is no rational basis in the evidence for its ruling.”  Breaux v. Am. Family Mut. Ins. Co., 554 F.3d 854, 866 (10th Cir.2009) (internal quotation marks omitted).

 In our view, issuance of the discovery order was an abuse of discretion.   The only proper purpose that we can see for the depositions of the two prisoners, Nichols and Hammer, would be to establish that the FBI likely possesses documents encompassed by Mr. Trentadue's request.   But taking the depositions for that purpose would be improper because (1) Mr. Trentadue has provided no reason to doubt (a) that the FBI has performed the searches described in the declarations submitted by it and (b) that there are no reasonable methods by which the FBI could locate the requested records beyond those described in the declarations;  and (2) there is no reason to believe that the depositions could produce evidence of the existence of unproduced responsive records.

 First, as we explained at the outset of this opinion, the issue in a FOIA lawsuit challenging an agency's search for records is not whether there exist further documents responsive to a FOIA request but whether the agency conducted a reasonable search for responsive documents.   Perhaps the FBI's initial search was inadequate (an issue we need not address), but the searches ultimately conducted were very thorough.   Not only did it search its CRS indices for records described in Mr. Trentadue's FOIA request, but it manually searched two files and conducted a ZyIndex search of the principal file relating to the Oklahoma City Bombing.   Apparently, the only additional search that could have been conducted would have been a manual search of more than one million pages in that principal file-a search that, according to the FBI, would be an unprecedented FOIA effort by the agency that would take thousands of hours of work. To be sure, the FBI's description of its search effort was in the form of a declaration, not cross-examined testimony.   But declarations and affidavits are the widely accepted, even the preferable, means for an agency to respond to concerns about the adequacy of a FOIA search.   We agree with the Sixth Circuit:

In discharging this burden [to show the adequacy of its search], the agency may rely on affidavits or declarations that provide reasonable detail of the scope of the search.   In the absence of countervailing evidence or apparent inconsistency of proof, such affidavits will suffice to demonstrate compliance with the obligations imposed by the FOIA.

Rugiero, 257 F.3d at 547 (citations, brackets, and internal quotation marks omitted).   See Becker v. IRS, 34 F.3d 398, 405 (7th Cir.1994) (“An agency may establish the reasonableness of its search through affidavits.”);   Church of Scientology of Cal. v. IRS, 792 F.2d 146, 151 (D.C.Cir.1986) (Scalia, J.) (“Summary judgment ․ would require an affidavit reciting facts which enable the District Court to satisfy itself that all appropriate files have been searched, i.e., that further searches would be unreasonably burdensome.   Such an affidavit would presumably identify the searched files and describe at least generally the structure of the agency's file system which makes further search difficult.”);  Perry v. Block, 684 F.2d 121, 126 (D.C.Cir.1982) (per curiam) (“The peculiarities inherent in FOIA litigation, with the responding agencies often in sole possession of requested records and with information searches conducted only by agency personnel, have led federal courts to rely on government affidavits to determine whether the statutory obligations of the FOIA have been met.”);   James T. O'Reilly, supra § 7:5 at 165 (“In general, an agency search is adequate where the affidavit shows a good faith effort to use reasonable means to produce the information sought.”). “Discovery relating to the agency's search and the exemptions it claims for withholding records generally is unnecessary if the agency's submissions are adequate on their face, and a district court may forgo discovery and award summary judgment on the basis of submitted affidavits or declarations.”  Wood, 432 F.3d at 85 (brackets and internal quotation marks omitted).

 An agency “is not required to reorganize its filing system in response to each FOIA request,” Goland, 607 F.2d at 370;  and Mr. Trentadue has failed to suggest any search method that the FBI has not used other than a manual search of the primary Oklahoma City Bombing file-an unreasonably burdensome search that the district court ultimately relieved the FBI from undertaking.   Nor has Mr. Trentadue presented any reason to believe that the FBI's descriptions of its searches have been flawed in any respect.   He and the district court have expressed surprise and concern that the agency did not produce enclosures and other documents referenced in disclosed documents;  but the declaration from the section chief of the FBI's Record/Information Dissemination Section explained that only two enclosures (a floppy disk destroyed in the ordinary course and a newspaper article) were missing and the undisclosed cross-referenced documents were not covered by Mr. Trentadue's FOIA request.   In sum, the FBI's declarations provide an internally consistent and uncontradicted record that it conducted an adequate search for the documents requested by Mr. Trentadue.   See SafeCard Servs., Inc. v. SEC, 926 F.2d 1197, 1200 (D.C.Cir.1991) (“Agency affidavits are accorded a presumption of good faith, which cannot be rebutted by purely speculative claims about the existence and discoverability of other documents.” (internal quotation marks omitted)).

In this light, the discovery sought by Mr. Trentadue cannot be justified.   He has failed to show any possibility that the depositions of Nichols and Hammer would produce relevant evidence in this case.   See Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351-52, 98 S.Ct. 2380, 57 L.Ed.2d 253 (1978) (“Discovery of matter not ‘reasonably calculated to lead to the discovery of admissible evidence’ is not within the scope of Rule 26(b)(1).”);  Fed.R.Civ.P. 26(b)(1) (discovery permitted if it is “reasonably calculated to lead to the discovery of admissible evidence”);  see also id. 26(b)(2)(C)(iii) (courts must limit otherwise-permissible discovery if “the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues”).   Nichols is a convicted coconspirator in the Oklahoma City Bombing and Hammer is a death-row inmate and alleged confidant of Timothy McVeigh, who has been executed for the offense.   Nichols and Hammer clearly have no knowledge regarding FBI procedures in filing and searching for records-which are the only relevant matters in FOIA litigation challenging an agency's records search.   Only present or past agency employees would have knowledge of those matters, which readily explains why we have been cited to no precedent for deposing nonagency personnel in FOIA cases.   Mr. Trentadue (and apparently the district court) may have supposed that the depositions would reveal that the FBI must have created a record that has not been produced in response to Mr. Trentadue's FOIA request.   But even if the existence of such a record were relevant, it is pure speculation that such a revelation would be forthcoming.   After all, Mr. Trentadue's FOIA request was limited to records relating to Morris Dees and the SPLC, yet the declarations of Nichols and Hammer submitted by Mr. Trentadue to the district court make no mention of either Dees or the SPLC.

To conduct the discovery requested by Mr. Trentadue would be an abuse of judicial process.


We REVERSE the district court's order granting Mr. Trentadue's motion to conduct discovery.   The parties' motions to supplement the appendix and the record are DENIED.


1.  We see no purpose in expanding upon Mr. Trentadue's beliefs concerning the connection between the investigations and his brother's death.

2.  Mr. Hardy described the CRS as follows:(10) The Central Records System (“CRS”), which is utilized by the FBI to conduct searches in response to FOIA and Privacy Act requests, enables it to maintain all information which it has acquired in the course of fulfilling mandated law enforcement responsibilities.   The records consist of administrative, applicant, criminal, personnel, and other files compiled for law enforcement purposes.   This system consists of a numerical sequence of files broken down according to subject matter.   The subject matter of a file may relate to an individual, organization, company, publication, activity, or foreign intelligence matter.   Certain records in this system are maintained at FBIHQ [FBI headquarters].   Records that are pertinent to specific field offices are maintained in those field offices.Access to the CRS is afforded by the General Indices, which are arranged in alphabetical order.   The General Indices consist of index cards on various subject matters that are searched either manually or through the automated indices.   The entries in the General Indices fall into two categories:(a) A “main” entry-A “main” entry carries the name corresponding with a subject of a file contained in the CRS.(a) A “reference” entry-“Reference” entries, sometimes called “cross-references,” are generally only a mere mention or reference to an individual, organization, etc., contained in a document located in another “main” file.(12) Access to the CRS files at FBI field divisions is also afforded by the General Indices (automated and manual), which are likewise arranged in alphabetical order, and consist of an index on various subjects, including the names of individuals and organizations.   Searches made in the General Indices to locate records concerning a particular subject, such as the Southern Poverty Law Center, are made by searching the subject requested in the index.   FBI field divisions have automated indexing functions.(13) On October 16, 1995, the Automated Case Support (“ACS”) was implemented for all Field Divisions, Legal Attaches (“Legats”), and FBIHQ.   Over 105 million records were converted from automated systems previously utilized by the FBI. ACS consists of three integrated, yet separately functional, automated applications that support case management functions for all FBI investigative and administrative cases, which are:(a) Investigative Case Management (“ICM”)-ICM provides the ability to open, assign, and close investigative and administrative cases as well as set, assign, and track leads.   The Office of Origin (“OO”), which sets leads for itself and other divisions, as needed, opens a case.   The offices that receive leads are referred to as Lead Offices (“LOs”), formerly known as Auxiliary Offices.   When a case is opened, it is assigned a Universal Case File Number (“OCFN”), such as “12-SU-34567,” which is utilized by all FBI offices, including FBIHQ, that are conducting or assisting in the investigation.   The “12” indicates the type of investigation, “SU” indicates the Office of Origin of the investigation, and “34567” denotes the individual case file number for that particular investigation.(b) Electronic Case File (“ECF”)-ECF serves as the central electronic repository for the FBI's official text-based documents.   ECF supports the universal serial concept, where only the creator of a document serializes it into a file, providing single source entry of serials into the computerized system.   All original serials are maintained in the OO case file.(c) Universal Index (“UNI”)-UNI continues the universal concepts of ACS by providing a complete subject/case index to all investigative and administrative cases.   Only the OO is required to index;  however, the LOs may index additional information as needed.   UNI, an 84.5 million record index, provides functions to index names to cases and to search names and cases for the FBI's investigative and administrative cases.   Names of individuals or non-individuals are recorded with identifying information, such as sex, race, event date, date or place of birth, locality, Social Security number, or address.(14) The decision to index names other than subjects, suspects, and victims is a discretionary decision made by the investigative FBI Special Agent (“SA”), the supervisor in the field division conducting the investigation, and supervising FBI SA at FBIHQ.   The FBI does not index every name in its files;  rather, it indexes only that information considered pertinent, relevant, or essential for future retrieval.   Without a “key” (index) to this mass of information, information essential to ongoing investigations could not be readily retrieved.   The FBI files would thus be merely archival in nature and could not be effectively used to serve the mandated mission of the FBI, which is to investigate violations of federal criminal statutes.   Therefore, the General Indices to the CRS files are the means by which the FBI can determine what retrievable information, if any, the FBI may have in its CRS files on a particular subject matter or individualDecl. of David M. Hardy at 4-7, Attach. to Defs. Reply, Trentadue, No. 2:04 CV 00772 DAK.

3.  The declaration stated:(16) A search of the CRS indices at FBIHQ and the Oklahoma City Field Office, and the search of the I and S drives at the Oklahoma City Field Office for records which directly or indirectly, report upon, concern, reference or refer to the SPLC's involvement with and/or connection to Elohim City, BOMBROB, OKBOMB, Timothy McVeigh, Richard Guthrie, Terry Nichols, Dennis Mahon, Robert Millar, Michael Brescia, Peter Langan and/or Andreas Strassmeir including all contacts the SPLC may have indirectly had with the foregoing through informants revealed that FBIHQ and the Oklahoma City Field Office have no records responsive to plaintiff's request.   The search was performed using the search term “Southern Poverty Law Center” as that would be the file containing the information sought.   The search was performed using the search term “OKBOMB” as that is [the] file under which the memorandum would have been placed.(17) A search for records pertaining to Morris Dees will be conducted upon receipt of the completed Privacy Waiver and Certification Form which the FBI provided to plaintiff by letter dated November 18, 2004.   In the absence of this privacy waiver, the records, if they exist, are exempt from disclosure pursuant to Exemptions 6 and/or 7(C), 5 U.S.C. §§ 552(b)(6), (b)(7)(C).  To date, plaintiff has not submitted this form to the FBI.Id. at 8-9.



Has the FBI been successful in weapoinizng the phrase " conspiracy"




'I hope someone truly shoots you': online conspiracy theorists harass Vegas victims
Those who lived to describe the mass shooting face flood of abuse on social media accusing them of being actors, as hoax claims flourish on YouTube





Democrats push bill to stop a Trump pre-emptive strike on North Korea



Denver hit a record high of 84 degrees Wednesday. Thursday’s forecast predicts snow.
Snow is expected to fly Thursday afternoon, but it won’t stick around




Congressional Committee Threatens DEA with Subpoena Over ‘Pill Dumping
Growing impatient with the DEA dragging its feet on the opioid epidemic, members of the Energy and Commerce Committee are threatening to subpoena the agency for information on “pill dumping” in West Virginia.

Chairman of the committee, Rep. Greg Walden, R-Ore., blasted the DEA for its failure to fully respond to a May 8 request for data on drug suppliers sending millions of opioids into the state, the Hill reports.

“Enough is enough. Will you, on behalf of the DEA, commit today to producing the documents and information we requested, and soon? Or do we simply need to issue a subpoena? Because we are done waiting,” Walden said to DEA Deputy Assistant Administrator Neil Doherty at a hearing.

West Virginia has been at the center of the opioid crisis, leading the nation in drug overdose deaths.

Drug suppliers pumped 780 million hydrocodone and oxycodone pills into the state in six years, according to an investigation by the Charleston Gazette-Mail.



Rochester LGBTQ Gun Group launched: 'We have each others back'





Kansas City attorney shot dead on his porch as man he recently defeated in court is tied to case



Writing wrongs: the pioneering New York prison program transforming lives – video




Link du jour







Georgia sheriff who ordered schoolwide drug search interrupted own son’s drug arrest, authorities say
NEW YORK DAILY NEWS Wednesday, October 25, 2017, 6:05 PM

Quote 0 0

Judge: Pennsylvania State Police afraid of public scrutiny


A judge was harshly critical of the Pennsylvania State Police on Friday over its attempt to shut down a grand jury looking into how it investigates shootings by on-duty troopers, saying the agency was afraid of public scrutiny.

Judge Stephen Baratta rejected a state police request that he disband the grand jury, ruling from the bench that it will be allowed to write a report and make recommendations on state police policy.

State police argued the grand jury has no authority to investigate whether the agency should use outside law enforcement to probe shootings by troopers. Experts say police shooting investigations should be independent to ensure objectivity and foster public confidence.

“You’re saying no one’s allowed to tell the state police what to do,” Baratta told a state police lawyer at a hearing Friday.

He said the agency was trying to “silence the citizens who are on that grand jury,” adding: “You’re afraid they’re going to make recommendations that you’re not going to like.”

District Attorney John Morganelli sought the grand jury after state police, citing longtime policy, refused to allow his detectives to take the lead on a probe of a fatal shooting involving troopers near Easton. Troopers shot and killed Anthony Ardo on May 20 after he ignored their commands and attempted to light the fuse of a firework mortar around his neck.

He accused Morganelli of misusing the grand jury.

“We do believe that politics are involved here,” he said.

Morganelli rejected the state police contention that he was using the grand jury for political purposes, approaching the bench and thundering into the microphone: “We have a state police agency that wants to obstruct justice and obstruct the administration of law. ... It’s outrageous, it’s arrogant and it’s an effort to intimidate the grand jury itself and the commonwealth’s attorney.”

Morganelli blamed “brass in Harrisburg” for the dispute and stressed he’s long had a productive working relationship with troopers in his jurisdiction. A day earlier, he held a press conference to announce that two troopers were justified in shooting a suspect who had opened fire on them first, critically wounding one of them.

Under state law, the grand jury will submit its report to the judge. He will review the report to make sure the grand jury followed procedure before allowing it to be filed publicly.

State police tried to prevent Friday’s hearing from being open to the public. Morganelli and a coalition of media organizations, including The Associated Press, opposed the move, and Baratta ruled the hearing would be held in open court.


German court dismisses far-right police officer


A German federal court on Friday dismissed a Berlin police office accused of having far-right tattoos and repeatedly giving the Hitler salute, 10 years after he was first suspended.

The Federal Administrative Court ruled that people who reject the German constitutional order are unfit for public service, even if their behavior doesn’t constitute a criminal offense.

Berlin prosecutors in 2007 opened several investigations of the officer. They were closed because, among other things, investigators couldn’t prove he had given the stiff-armed Nazi salute inside Germany — where it’s a crime — or shown his tattoos in public.

The tattoos included runes and the notes of the Horst Wessel Song, a popular Nazi anthem, though the man denied being aware of its origin.

Lower courts largely rejected disciplinary measures against the officer. The local government appealed.

The federal court said a tattoo constitutes a “bold proclamation” of support of an organization or ideology. It said that the man’s “fundamental and lasting departure from the principles of constitutional order” was also proven by him giving the Hitler salute, posing in front of a swastika flag and by a collection of Nazi memorabilia at his apartment.

German law makes it very difficult to dismiss civil servants. A spokesman for the Berlin branch of the GdP police union, Benjamin Jendro, said it’s a good thing that officers enjoy protection from wrongful accusations — but “in this case, a Nazi benefited for years” from the system. He welcomed the federal court ruling.


police chief pleads guilty to theft from social club


A police chief has pleaded guilty to stealing gambling tickets from a Pennsylvania social club.

The district attorney’s office says 66-year-old Howard Dougherty, of Lemoyne, pleaded guilty Wednesday to theft by unlawful taking.

Police say Dougherty was the president of the Der Harrisburg Maennerchor social club when the tickets were stolen.

Prosecutors say club members installed an infrared camera in the closet where the tickets were stored on the suspicion that someone was stealing them. Police say the camera recorded Dougherty taking two handfuls of the tickets worth about $200 in May.

Dougherty has been sentenced to 18 months of probation.




Media Relations Fail: FBI Embroiled in ‘Sexting’ Scandal
By Patrick Coffee|February 22, 2013


FBI restricts contact between its employees and media
Apr 20, 2017 · The FBI is overhauling its media policy, restricting contacts between the news media and its employees amid controversy over alleged leaks, bureau officials told CNN.


FBI Milwaukee division celebrates 100 years of protecting Wisconsin’s citizens
POSTED 4:30 PM, NOVEMBER 17, 2017



Link du jour







Lawsuit: Silver City hired violent cop who later killed ex

ALBUQUERQUE, N.M. The town of Silver City and its police department failed to stop a police captain from stalking his ex-girlfriend despite a number of complaints, and his violent behavior eventually led to her death, according to a lawsuit in federal court.

Authorities say Mark Contreras killed Nikki Bascom than shot and killed himself in 2016.

In the lawsuit, which was moved this week to U.S. District Court in Albuquerque, Bascom’s family alleges that the police department hired Contreras despite his history of violence. After Contreras joined the police force, court documents say the agency did little to stop his physical abuse toward Bascom, 31, and eventually promoted him to captain.

According to court documents, Contreras continued to harass Bascom after the couple broke up and accused her of having an affair with her boss. He also threatened her boss and tried to bait him “into a gunfight,” the lawsuit said.

“On multiple occasions, Contreras threatened to kill Nikki if she ever took their daughter, A.C., away from him, if she ever got a restraining order, or if she ever caused him to lose his job,” the lawsuit said.

After each episode, Bascom contacted Silver City police but Contreras remained on the job.

On the day of Bascom’s death, Contreras armed with his gun came to her home in uniform and in his police vehicle and blocked her from leaving her driveway, the lawsuit said. He then “reached into her car and ‘ripped’ her cell phone from her hand,” court documents said.

The lawsuit said Bascom informed Chief Ed Reynolds of the incident, but police did little to protect her. Bascom fled to a domestic violence center where Contreras allegedly banged on the door of the shelter, the lawsuit said.

Moments before Bascom was killed in April 2016, the lawsuit said, a Grant County sheriff’s sergeant spotted Contreras driving through Bascom’s boss neighborhood but didn’t pull him over.

Authorities say Contreras shot and killed himself moments after he killed Bascom in her friend’s driveway.



NASA says New York will flood when the ice caps in Greenland and Antarctica melt
NEW YORK DAILY NEWS Friday, November 17, 2017, 1:16 PM


Sergeant guilty of obstructing police beating investigation


A Florida police sergeant has been convicted of trying to cover for three officers accused of beating of a man caught after a high-speed car chase.


November 15, 2017
The Las Vegas Metropolitan Police Department’s missing missing person requests
After an unflattering depiction in “The Vanished” podcast, LVMPD has adopted an ever-changing set of rules for accessing public records
Written by Caitlin Russell
Edited by JPat Brown
The Las Vegas Metropolitan Police Department isn’t very good at filling public records requests, but they’ve got a serious knack for infuriating reporters.
MuckRock user and host of “The Vanished” podcast Marissa Jones has been trying to obtain information about a missing person named Chris Turner from the LVMPD since July 26, 2017, and requested help from the MuckRock staff after weeks without hearing from the LVMPD.
Jones says that Turner’s case was closed three days after the first part of a two episode series on Turner aired.

According to Turner’s mom, who was interviewed extensively by Jones, the police never made contact with Turner before closing his case. In a message sent to a podcast listener by the LVMPD and then forwarded to Marissa on July 20th, the police insisted that they had made contact with Turner, but the way the message was written seemed to express uncertainty about whether or not Turner was alive:
“Our case for Mr. Turner is closed. He was sighted/located, so one could say he’s alive.”
The message doesn’t say that he was sighted by anyone affiliated with the police, or related to Turner. Also, the phrase “one could say he’s alive” is a rather odd way to word it if they are in fact certain that Turner is alive. The message went on:
“We cannot release information to someone not involved in a report, and beyond that adults can lead their own lives, even though there are people who are concerned about them, but they tend to be out of touch with people who would like to hear from them.”
However, according to a “Law Enforcement Support Technician” at the LVMPD who only gave her name as Diana, one can obtain this information with the right paperwork - assuming you were able to get notarized authorization from the missing person. Seeing as you would need to find a missing person in order to obtain their permission, it is by definition categorically impossible to get a signature from a missing person.
Diana’s statement was contradicted by a November 2nd email Marissa received from Officer Larry Hadfield, who told her that “due to the fact that you are not identified as media, you must go through police records as any citizen would,” giving the impression that, contrary to information provided by other LVMPD employees, the information is available so long as one goes through certain (apparently ever-changing) channels.
It should be noted that under Nevada’s public records law, citizens have the same rights as reporters, except in instances in which one is trying to obtain a person’s criminal history. Neither Jones nor Muckrock is trying to obtain Turner’s criminal history, however, we are trying to obtain the case file related to his disappearance.
According to Jone’s interview with Turner’s mother, his girlfriend reported Turner missing to the LVMPD on August 7th, 2016, but the family didn’t know until she told them on August 17th,. While it’s understandable that the police might withhold information about an ongoing investigation, it seems strange that they wouldn’t bother to contact any family members to make sure he wasn’t simply angry at his girlfriend and cooling off with a relative.


Elon Musk lifts the veil on Tesla's electric truck of the future – and teases a new sports car


Column In landmark ruling, court orders paint companies to pay to clean lead paint out of California homes


November 16, 2017
Maine town tries to charge MuckRock $750 for opening an email
Brunswick violates state’s public records law with claim that receiving its #AmazonHQ2 entitles you to pay for “administrative and legal fees”
Written by Adanya Lustig
Edited by JPat Brown
This week, in absurd and illegal requests, Maine’s Midcoast Regional Redevelopment Authority said that MuckRock is required to pay $750 because we opened the email they sent with their 37-page bid for Amazon second headquarters.

MuckRock is requesting copies of the bids that towns and regions submitted to Amazon for the privilege of housing the tech giant’s second headquarters. Many places have rejected our requests, but the more than 20 bids we’ve already received came free of charge.

We won’t be paying the $750 because according to the Maine Freedom of Access Act, if the cost to fulfill the request exceeds $30, the requester must be notified in advance.

Read the $750 bid embedded below, or on the request page.


NYPD probing allegations that cops rebuffed woman trying to report manspreading subway

The NYPD opened an investigation Friday into allegations that cops at two commands rebuffed a straphanger trying to report that a nut she criticized for “manspreading” punched her in the face on a Brooklyn train.

Investigators have reached out to brass at the 17th Precinct in Midtown and Transit District 34 in Brooklyn to find out why Sam Saia was discouraged from filing a report - in apparent violation of NYPD policy.


Republicans consider expelling Roy Moore if he does win a Senate seat — a rare and severe punishment


Military members increased reporting of sexual assault cases in 2016
NEW YORK DAILY NEWS Friday, November 17, 2017, 7:06 PM


Cuts Could Jeopardize Environment, Critics Charge


The Latest on a wreck involving a Los Angeles County sheriff’s vehicle that killed two children

A witness says a Los Angeles County sheriff’s vehicle wasn’t using its sirens or lights before it crashed with another car, jumped a curb and killed two small boys.

Julie Valle tells the Los Angeles Times that the sheriff’s SUV didn’t switch on its siren or lights until an instant before it hit another car, jumped the sidewalk and hit a woman and her two boys.

Video from a nearby store shows the SUV, with its emergency lights on, driving on the sidewalk.

Luis Hernandez tells the Times that the boys were his brothers, 7-year-old Jose Luis and 9-year-old Marcos. Their mother was hospitalized in critical condition.

Los Angeles police say they’re investigating the crash that occurred Thursday night as the sheriff’s vehicle was answering an emergency call.


North Dakota city cites 47 reasons for police chief firing


Leaders in a northern North Dakota city are offering dozens of reasons for firing their police chief, including uncompleted paperwork, personal use of police vehicles and unapproved police purchases.


Cops: South Street police station vandalized, anarchist propaganda found at scene

Updated: NOVEMBER 17, 2017 — 3:35 PM EST


NEWS NOV 17 2017, 5:18 PM ET
Roy Moore says signature is a forgery, experts say more evidence is needed either way
Quote 0 0












Larry Nassar reportedly molested 27 additional victims after FBI launched slow-moving probe


NEW YORK DAILY NEWS Saturday, February 3, 2018, 2:35 PM









Why I Am Leaving the F.B.I.


One of the greatest honors of my life was walking across the stage at the F.B.I. Academy and receiving my special agent badge from the director at the time, Robert Mueller. After 21 weeks of intensive training, my class swore an oath and became federal agents entrusted with the solemn duty of protecting Americans and upholding the Constitution.


After more than a decade of service, which included investigating terrorism, working to rescue kidnapping victims overseas and being special assistant to the director, I am reluctantly turning in my badge and leaving an organization I love. Why? So I can join the growing chorus of people who believe that the relentless attacks on the bureau undermine not just America’s premier law enforcement agency but also the nation’s security. My resignation is painful, but the alternative of remaining quiet while the bureau is tarnished for political gain is impossible.


A small number of my current and retired colleagues have said that we should simply keep our heads down until the storm passes. I say this with the greatest respect: They are wrong. If those who know the agency best remain silent, it will be defined by those with partisan agendas.


F.B.I. agents are dogged people who do not care about the direction of political winds. But to succeed in their work, they need public backing. Scorched-earth attacks from politicians with partisan goals now threaten that support, raising corrosive doubts about the integrity of the F.B.I. that could last for generations.


When the F.B.I. knocks on s









New York Times Runs FBI Agent’s Angry Resignation Column, Neglects To Inform Readers Of Agent’s Ties To Democrats

By Evan Lips | February 3, 2018, 17:40 EST








The FBI: political punching bag or in need of reform?

February 04, 2018







As FBI dragged its feet, dozens of gymnasts were molested

Seattle Times-

For more than a year, an FBI inquiry into allegations that Lawrence G. Nassar, a respected sports doctor, had molested three elite teenage gymnasts followed a plodding pace as it moved back and forth among agents in three cities. The accumulating information included instructional videos of the doctor's unusual treatment ...









Nunes memo released: FBI objections lacked credibility given ...


In 2002, The FISA court complained that FBI agents made more than 75 false or misleading claims to secure warrants; a top FBI counterrorism official was prohibited from ever appearing there again. The court also rebuffed Attorney General John Ashcroft's proposal to radically transform its purpose by making it easier for ...









General Michael Flynn Framed By The FBI, Mike Cernovich Claims ...

The Inquisitr-

The same senior FBI agent played a role in both the Trump and Clinton investigations. Cernovich also highlighted that the Democrats and various media outlets aggressively opposed the release of the Devin Nunes memo because it would reveal classified information, yet after its release claimed it was a “nothingburger.









FBI Requested No Body Cameras During Malheur Leaders' 2016 ...

KUOW News and Information-

Federal prosecutors outlined portions of their case in a court filing Friday against an FBI agent charged with lying about firing his weapon during a traffic stop that led to the arrests — and one death — of the leaders of the 2016 Malheur Wildlife Refuge occupation. Prosecutors say W. Joseph Astarita, a member of the FBI's ...








The Best Book on Immigration You Will Read This Year Comes From a Former Border Patrol Agent

Francisco Cantú’s “The Line Becomes a River” is honest, gripping, and wonderfully written.








FBI Octopus



DEA and FBI looking for students to take part in poster contest

News 5 Cleveland-

DEA and FBI looking for students to take part in poster contest. Tracy Carloss. 11:20 PM, Feb ... The contest is designed to draw attention to the DEA and FBI documentary, Chasing the Dragon. ... The FBI points to statistics that show the average age of the first time opiate user is between the ages of 12 and 17. Teenagers in ...








Friends of Scouting

Cleveland Daily Banne

The chosen speaker is Marcus D. Veazey, a former FBI agent and supervisor. Retiring from the FBI in 2013, Veazey now works as an investigative consultant for Unum. The Ocoee District's scouting highlights include more than 600 registered youth, over 350 adult volunteers serving as positive role models for the youth and ...







Prosecutors move to dismiss charges against former Scout leader 


January 3, 2007 


NEW HAVEN, Conn. --Federal prosecutors have moved to dismiss charges 

against a retired FBI agent who was indicted on child sex charges dating 

back more than a decade when he was a Boy Scout leader, in response to 

the death of his accuser. 



William Hutton, 63, of Killingworth, was arrested in February on charges 

he enticed a member of his Scout troop to Maine for the purpose of sexual 

activity in 1994 and 1995. 





Former Scout leader, FBI agent indicted on child sex charges 

News-Times, The (Danbury, CT) 

Saturday, February 4, 2006 



NEW HAVEN A retired FBI agent was indicted Friday on federal child 

sex charges dating back more than a decade when he was a Boy Scout 


William Hutton, 63, of Killingworth, was arrested Friday. The federal 

grand jury indictment accuses Hutton of enticing a member of his Scout 

troop to Maine for the purpose of sexual activity in 1994 and 1995. 


"It's obviously devastating. He was an FBI agent in this district and was 

reputed in this district," defense attorney Hugh Keefe said. 


"The people who worked with him in the U.S. attorney's office and FBI 

respected him." 


Keefe said the investigation has been going on for years. He would not 

discuss the details of the case or how the allegations surfaced. 







Quote 0 0

Add a Website Forum to your website.

? ?
Copyright ? 2001-2004 Who?s A Rat. All Rights Reserved.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.