FBI Chastised by Court for Lying About Existence of Surveillance Records
Commentary by Jennifer Lynch

An order last week from the U.S. District Court for the Central District of California has revealed the FBI lied to the court about the existence of records requested under the Freedom of Information Act (FOIA), taking the position that FOIA allows it to withhold information from the court whenever it thinks this is in the interest of national security. Using the strongest possible language, the court disagreed: “The Government cannot, under any circumstance, affirmatively mislead the Court.” Islamic Shura Council of S. Cal. v. FBI (“Shura Council I”), No. 07-1088, 3 (C.D. Cal. April 27, 2011) (emphasis added).

This case may prove relevant in EFF’s ongoing FOIA litigation against the FBI. As discussed further below, one of the issues in Shura Council was the FBI’s extensive and improper use of “outside the scope” redactions. The agency has also used these heavily in at least one of our current cases — in areas where it is highly unlikely the material blocked out is actually outside the scope of our FOIA request. (see example to the left from our case seeking records on the government’s push to expand federal surveillance laws). We’ll be writing more about that case in the coming weeks and posting the documents we received on this site soon.

Shura Council started five years ago in May 2006, after widespread reporting on the FBI’s programs targeting Muslims after September 11, 2001. At that time, several Muslim citizens and organizations in Southern California, including the Islamic Shura Council of Southern California and the Council on American Islamic Relations (CAIR), submitted a broad joint FOIA request to the FBI seeking “[a]ny records relating or referring” to themselves, “including . . . records that document any collection of information about monitoring, surveillance, observation, questioning, interrogation, investigation and/or infiltration[.]” Shura Council I at 4. …more

April 4, 2011

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – In a move that undermines civil liberties and the rule of law, the Obama administration today announced that it will prosecute the suspects accused of planning the 9/11 attacks in the Guantánamo military commissions system.

In one of the first acts of his new presidency, President Obama called a halt to the military commissions. A joint Department of Justice and Department of Defense task force was then created to conduct careful review of the appropriate forum for trials for accused terrorists held on Guantánamo. Attorney General Eric Holder had announced the result of that process in November 2009: the 9/11 defendants would be prosecuted in federal courts. The administration delayed in response to political pressure, and has now backtracked under pressure from within and outside of Congress. ...more

Bahraini Royal Family accused of war crimes at The Hague’s International Criminal Court
News Segments Fri, 05/06/2011 – 14:35

Today at the International Criminal Court in The Hague, lawyers representing five Bahrainis presented a case against the Bahraini Royal Family and members of regime, accusing them of war crimes. The lawyers presented evidence taken from events in Bahrain since the recent unrest started in mid-February. Yasser Al-Sayegh is one of the plaintiffs and fifteen years ago he himself was a victim of torture under Bahrain’s regime. He joined us from The Hague. …source and audio

The President of the United States
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500

Dear Mr. President:

In light of the debate following the death of Osama bin Laden, we urge you to make an unequivocal statement that torture is illegal, immoral, and un-American. The use of torture undermines our national security and intelligence gathering efforts. The United States must lead by our core principles and condemn torture.

Sincerely,

General Joseph Hoar, USMC (Ret.)
General Paul J. Kern, USA (Ret.)
General Charles Krulak, USMC (Ret.)
General David M. Maddox, USA (Ret.)
Lieutenant General Robert G. Gard Jr., USA (Ret.)
Vice Admiral Lee F. Gunn, USN (Ret.)
Lieutenant General Claudia J. Kennedy, USA (Ret.)
Lieutenant General Charles Otstott, USA (Ret.)
Lieutenant General Harry E. Soyster, USA (Ret.)
Major General John Batiste, USA (Ret.)
Major General Paul D. Eaton, USA (Ret.)
Major General Eugene Fox, USA (Ret.)
Rear Admiral John D. Hutson, USN (Ret.)
Major General Melvyn Montano, USAF (Ret.)
Major General William L. Nash, USA (Ret.)
Major General Thomas J. Romig, USA (Ret.)
Major General Walter L. Stewart, Jr., USA (Ret.)
Brigadier General David M. Brahms, USMC (Ret.)
Brigadier General Stephen A. Cheney, USMC (Ret.)
Brigadier General James P. Cullen, USA (Ret.)
Brigadier General Gerald E. Galloway, USA (Ret.)
Brigadier General John H. Johns, USA (Ret.)
Brigadier General Murray G. Sagsveen, USA (Ret.)
Brigadier General Stephen N. Xenakis, USA (Ret.)
Colonel Theodore B. Voorhees, USA (Ret.)
Lieutenant Colonel Jeffrey Smith, USAF (Ret.)
Bob Booker Baer
Vincent Cannistraro
Jack Cloonan
William J. Daugherty, PhD
Honorable Carl Ford
Ambassador Peter W. Galbraith
Honorable John Hamre, PhD
Honorable Alberto Mora
Joe Navarro
Paul Pillar, PhD
Honorable William H. Taft IV
…more

Mr.Fateel with Special Rapporteur on Human Rights Defenders

Bahrain Youth Society for Human Rights (BYSHR) is deeply concerned about Mr.Naji Fateel Member of the Board of Directors of the BYSHR. Today( 6 May 2011 – 2 am) :Security forces stormed his house, “once again ” looking for him,but could not be found. Mr.Fateel , Previously arrested in 2007 and was released later.He subjected to torture in prison. Bahrain Youth Society for Human Rights calls for protection of human rights organizations and human rights defenders. …source

The doctors at the Guantánamo torture center
5 May 2011 [see Side Notes – side bar – on this page for link to Dr. Iacopion’s Paper]

Scientific magazine PLoS Medecine has published a study by Dr Vincent Iacopino (senior medical adviser for Physicians for Human Rights) and retired Brigadier General Stephen Xenakis on the role played by doctors at the Guantánamo torture centre.

Guantanamo’s premises are structured in separate detention blocks. The study examines the cases of nine people detained in the prison boasting the least severe conditions. It shows that the doctors purposefully covered up abuses and prepped the victims to endure additional ones. …source

Author Peter Bergen on Bin Laden’s Death
‘The War on Terror Should Be Retired’
By Gregor Peter Schmitz

US author and security expert Peter Bergen, 48, discusses this week’s killing of Osama bin Laden and why it is time to end the US-led war on terror. The al-Qaida leader’s death, he argues, is likely to fuel a debate in Congress over the Afghanistan deployment and future aid for Pakistan.

SPIEGEL: After President Obama announced the death of Osama bin Laden, you declared the end of the war on terror. Isn’t that premature?

Bergen : It is hard to think of two events that would more suggest that the war on terrorism should be retired as a kind of operating concept. One is the Arab Spring which undercuts al-Qaida’s ideology, and the second is the death of bin Laden, which undercuts al-Qaida as an organization. There will never be a Treaty of Versailles with al-Qaida — and, in the absence of that, these two events suggest that it is time to move on. The world and the United States have other issues to contend with, like climate change, China and globalization.

SPIEGEL: So you don’t think there is anyone within al-Qaida who could be lined up to replace bin Laden?

Bergen : There will be replacements, but it would be as if Hermann Göring had replaced Adolf Hitler. There are a lot of differences between bin Laden and Hitler, but the one similarity is that when you joined elite Nazi organizations, you pledged a personal allegiance to Hitler, not to Nazism. When you join al-Qaida, you pledge a personal allegiance to bin Laden. That is also true of the affiliates of al-Qaida. Without bin Laden in the picture, it is hard to imagine that Ayman al-Zawahari, or any of the others that we know, would command the same loyalty.

SPIEGEL: Why has it been so difficult to track down bin Laden?

Bergen : It took 15 years after the Holocaust for the Israelis to find Adolf Eichmann, the chief architect of the extermination of the Jews, but not for a lack of trying. They put a lot of resources into that search.

SPIEGEL: But the Americans have access to better technology. Could the world’s best-outfitted intelligence service really be unable to find a fleeing man with kidney trouble for almost 10 years?

Bergen : Bin Laden was off the grid, not communicating electronically. It actually made him harder to track down because the United States is so reliant on signals intelligence. …more

Bahrain Releases Nine Doctors

By Megan Prock on May 5, 2011 Tweet this

Following PHR’s calls for the release of detained doctors and medical staff in Bahrain, nine doctors were reportedly freed. According to PHR’s sources in the field, eight female doctors and one male doctor were released late yesterday evening.

Doctors in Bahrain have been disappearing as part of a systematic attack on medical staff, as detailed in PHR’s recent report, “Do No Harm: A Call for Bahrain to End Systematic Attacks on Doctors and Patients.” Many of the medical professionals are being held incommunicado in unknown locations and on Tuesday the government of Bahrain charged 47 medical staff with trying to overthrow the regime. …more

———- Forwarded message ———-
From: Colin S. Cavell, Ph.D.
Date: Tue, Mar 15, 2011 at 7:28 AM
Subject: Update on the situation in Bahrain…
To: “Colin S. Cavell, Ph.D. @ GMail”

Folks,

One of my contacts in Bahrain writes the following to me today:
They started killing people from Asian ethnicity in Manama. Workers who live in the margins of Bahrain are being killed cruelly. There are checkpoints in all parts of Bahrain. They are held by residences. This is not from watching state TV. I have encountered these things and managed to run away. I am trying to find a way to get a revolver for self defence. They got into the workplaces at diplomatic area and forced the workers to get out of the buildings. Large parts of the protesters have lost their minds. The rest is just there and watching.
And below is one of the latest updates I’ve received this morning from an American in Bahrain. I’ve removed some information to protect the security of the sender.

csc
__________________
Colin S. Cavell, Ph.D.
P.O. Box 9087
Seattle, WA 98109
(206) 734-8187
ccavell@gmail.com
http://www.cscpo.com/

———- Forwarded message ———-
Date: Tue, Mar 15, 2011 at 4:30 AM
Subject: Fwd: PLEASE READ: Travel Warning Bahrain

We are waiting to hear whether we will be evacuated in the next few hours and have been advised to pack. I’ve heard guns and tear gas employed in my neighborhood of [redacted], where supposedly most of the 2,000 Saudis are to guard palaces and other vips’ homes (we’re interspersed with poorer villages though). [redacted] had to go out a little bit for water today, even though [redacted] bans it, and saw a lot of the rogue militias , covered faces, and guns, with checkpoints (these are pro-govt supporters or mercenaries, Saudi national guard, who were here even before the troops came, and regular armed thugs). We’re not scared of the protesters at all, though we haven’t seen as many of them around today as yesterday (they’re armed now, in self-defense, finally).

[redacted] Al-Jazeera’s GCC reportage.. it’s been pretty shameful, even with obvious allowances for Japan and Libya considered. They clearly have an agreement (and they’ve sent 500 troops). We’ve had to watch Iran’s Press TV.

We were planning on going to the [redacted] on our own volition, tonight, but were advised to stay off the roads, plus [redacted] to stay in our homes. So, we might just be waiting for [redacted]. Really not sure whether [redacted] to clear out or not; it could go either way. But, one of the [redacted] is being told [redacted] probably won’t be able to get back in the country for a while.

Oh, also: it sounds like Manama’s a lot more normal , right now, though friends have seen the same miles-long rushes on ATMs, Petrol Stations, and supply-stores. Also, we are waiting to hear from [redacted] on whether or not they will be sending home all dependents and non-essential staff. They’re currently having [redacted] meeting.

I sincerely do not feel unsafe, but, this is being called a foreign occupation, there are denouncements, and a lot of students are writing about martyrdom. As always, it’s hard to separate the rhetoric from the likely future consequences. We’ll stick with the [redacted] plan, but even aside from that, we have many, many offers for help from well-connected Bahrainis, Saudis, and Kuwaitis on all sides of this–will wait to hear [redacted] and will let you know [redacted]..

[redacted]

———- Forwarded message ———-
Date: Tue, Mar 15, 2011 at 10:14 AM
Subject: PLEASE READ: Travel Warning Bahrain

I will be in touch with all of you today to discuss moving forward. PLEASE stay safe.

For travel information, call 888-407-4747.

Internet Address: http://travel.state.gov

Travel Warning

United States Department of State

Bureau of Consular Affairs

Washington, DC 20520

Bahrain

March 14, 2011

The U.S. Department of State warns U.S. citizens of the potential for ongoing political and civil unrest in Bahrain. We urge U.S. citizens to defer travel to Bahrain at this time. U.S. citizens currently in Bahrain should consider departing. On March 14, 2011, the Department of State authorized the voluntary departure from Bahrain of eligible family members of U.S. Embassy staff. This Travel Warning replaces the Travel Alert dated February 18, 2011.

Bahrain has experienced a breakdown in law and order in various areas of the country over the last few weeks. Demonstrations have degenerated into violent clashes between police and protesters on several occasions, resulting in injuries. There also have been multiple reports of sectarian groups patrolling areas throughout Bahrain and establishing unofficial vehicle checkpoints. On March 14, 2011, foreign military elements entered Bahrain. Spontaneous demonstrations and violence can be expected throughout the country. There is no indication that U.S. citizens are being threatened or targeted.

While demonstrations have not been directed toward Westerners, U.S. citizens are urged to remain alert to local security developments and to be vigilant regarding their personal security. The U.S. Department of State strongly urges U.S. citizens to avoid all demonstrations, as even peaceful ones can quickly become unruly and a foreigner could become a target of harassment or worse.

The U.S. Embassy in Manama can be reached at (973) 1724-2700; the after-hours emergency number is (973) 1724-2957; the fax number is (973) 1725-6242. Demonstration Notices can be found on the Embassy’s website. U.S. citizens requiring emergency consular assistance may contact the Department via our website by going to the “Middle East and North Africa Situation” site.

U.S. citizens in Bahrain are encouraged to enroll in the Smart Traveler Enrollment Program (STEP). U.S. citizens without internet access may enroll directly at the U.S. Embassy. By enrolling, U.S. citizens make it easier for the Embassy to contact them in case of emergency.

Updated information on travel and security in Bahrain may be obtained from the Department of State by calling 1-888-407-4747 toll-free in the United States and Canada or, for callers outside the United States and Canada, on a regular toll line at 1-202-501-4444. For further information, please consult the Country Specific Information for Bahrain, as well as the Worldwide Caution.

Shana L. Kieran

Deputy Public Affairs Officer

Manama, Kingdom of Bahrain

+973 1724 2867

Work week is Sunday-Thursday

Manama is 7 hours ahead of Washington, D.C.

This email is UNCLASSIFIED.