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  • 4
    days
    ago

    AP CEO calls records seizure unconstitutional

     

    By Philip Elliott, The Associated Press

    The president and CEO of The Associated Press said Sunday that the government's seizure of AP journalists' phone records was "unconstitutional" and already has had a chilling effect on newsgathering.

    Gary Pruitt says the Justice Department's secret subpoena of reporters' phone records has made sources less willing to talk to AP journalists.

    The Justice Department disclosed the seizure of two months of phone records in a letter the AP received May 10. The letter did not state a reason, but prosecutors had said they were conducting a leaks investigation into how the AP learned about an al-Qaeda bomb plot in Yemen before it was made public last year. Pruitt said the AP story contradicted the government's claim at the time there was no terrorist plot.

    Pruitt spoke on CBS' "Face the Nation."

    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    1007 comments

    Guess this is part of the "transparency" of the Obama government. We get to show all, he gets to hide all.

    Show more
    Explore related topics: ap, justice-department, gary-pruitt
  • 7
    May
    2013
    3:50pm, EDT

    Gun violence in US has fallen dramatically over past 20 years, Justice Dept. report finds

    By Pete Williams, NBC News chief justice correspondent

    Gun violence in America has fallen dramatically over the past two decades, and the number of murders committed with a firearm is down too, though guns are still by far the leading type of crime weapon, according to a new report from the Justice Department.

    As for where crime guns came from, the study notes that less than two percent of convicted inmates reported buying their weapons at gun shows or flea markets. The highest number, 40 percent, said the guns came from a family member or a friend. About 37 percent said the weapons were stolen or obtained from an illegal source. The rest say the guns were bought at a retail store or pawn shop.


    Follow @NBCNewsUS

    Murders committed with a gun dropped 39 percent to 11,101 in 2011, from a high of 18,253 in 1993, according to the report. 

    Other crimes committed with guns were down even more sharply — from 1.53 million in 1993 to 467,300 in 2011, a drop of 70 percent, according to the Bureau of Justice Statistics.

    Around 70 percent of murders were committed with a firearm, and of those, the vast majority involved a handgun -- fluctuating between 70-80 percent.

    The report is strictly factual and offers no analysis about the reasons for the decline in gun violence.

    1122 comments

    And over the same period of time we've gone from virtually no states allowing concealed carry to every state but one (and that one under a federal court order to allow it), with most being "shall issue" and 5 (soon to be more) not even requiring a license. And even using statistics compiled over tha …

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    Explore related topics: guns, crime, justice-department
  • 6
    May
    2013
    3:16pm, EDT

    Feds accuse NY state senator of embezzlement, coverup

    New York Senate via Reuters

    New York state Senator and former Minority Leader John Sampson is shown in this undated photo provided by the New York Senate.

    By Joe Valiquette and Marc Santia, NBCNewYork.com

    New York State Sen. John Sampson, a Democrat representing parts of Brooklyn, New York City, was indicted Monday on federal charges of embezzlement, obstruction of justice and lying to the FBI, officials said.

    Sampson was a court-appointed referee to watch over escrow accounts for sales of foreclosed properties in Brooklyn. It's alleged he embezzled $440,000 between 1998 and 2008.

    He's also accused of funneling funds into his failed campaign for Brooklyn DA.

    The charges against Sampson come less than a week after prosecutors revealed that former Sen. Shirley Huntley made numerous secret recordings of other elected officials in a bid for leniency in her own corruption case.

    Sampson, who represents the 19th senatorial district encompassing Canarsie, East New York, Mill Basin, Marine Park and Sheepshead Bay, was elected to the Senate in 1996. 

    He is a member and past chairman of the New York Senate Judiciary Committee. 

    Read more on NBCNewYork.com

    Senate Democratic Conference Leader Andrea Stewart-Cousins said Sampson has been stripped of his ranking positions and committee assignments.

    FBI Assistant Director George Venizelos said in a statement Monday that "incumbent and defendant cannot be accepted as interchangeable."

    "Elected officials are referred to as public servants, and that should not be confused with self-serving," he said.

    Messages left with Sampson's district office and his attorney were not immediately returned.

    U.S. Attorney Loretta Lynch said Sampson allegedly abused public trust "for years" and stole from New Yorkers whose homes were in foreclosure.

    “But the former Senate ethics leader didn’t stop there," Lynch said in a statement. "Senator Sampson allegedly stole that money to fund his own ambition to become Brooklyn’s top state prosecutor, then engaged in an elaborate obstruction scheme to hide his illegal conduct, going so far as to counsel lies and the hiding of evidence.”

    The allegations against Sampson follow last month's arrests of State Sen. Malcolm Smith, New York City Councilman Daniel Halloran and two New York City GOP leaders on federal bribery charges.

    According to court documents, Smith, a Democrat, allegedly schemed with Halloran, a Republican, to bribe Bronx and Queens Republican county chairs for a GOP line on this year's mayoral ballot. All four pleaded not guilty to various corruption charges in late April.

    Separately, New York State Assemblyman Eric Stevenson was also arrested in April, charged with accepting bribes in exchange for official acts. He denies the allegations.

    Gov. Andrew Cuomo announced several anti-corruption proposals in the wake of the bribery scandal. 

    The Associated Press contributed to this report.

    161 comments

    And that ladies and gentlemen is it's call Poli-tics - Group of Blood Sucking Parasites.

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    Explore related topics: corruption, justice-department, brooklyn, nbcnewyork, john-sampson
  • 16
    Jan
    2013
    10:35am, EST

    Obama unveils sweeping new gun control proposals

    In an emotional press conference, President Obama unveiled his "concrete steps" to keep kids safe, asking that Congress restore a ban on military-style assault weapons, make it easier for mental health professionals to report threats of violence and put a limit on ammunition. NBC's Chuck Todd reports.

    By Carrie Dann, Political Reporter, NBC News

    Updated 2:56 p.m. -- President Barack Obama unveiled sweeping new policies Wednesday aimed at limiting gun violence, teeing up a political showdown that will pit the broad public popularity for many gun control measures against Congress’s tepid appetite for approving the most stringent restrictions on gun ownership.  

    "While there is no law or set of laws that can prevent every senseless act of violence completely, no piece of legislation that will prevent every tragedy, every act of evil," Obama said at a mid-day announcement at the White House, "if there's even one thing we can do to reduce this violence, if there's even one life that can be saved, then we've got an obligation to try it."

    Acknowledging the difficulty of the Congressional fight ahead, Obama appealed for public support, slamming - as he did in a press conference earlier this week - conservative commentators and the most vocal pro-gun activists for "ginning up" opposition to gun reforms for political reasons. 

    "I will put everything I've got into this and so will Joe [Biden], but I tell you, the only way we can change is if the American people demand it," he said. 

    Some of the main legislative proposals backed by Obama and Vice President Joe Biden are:

    • requiring criminal background checks on all gun sales, including private sales    
    • banning "military-style" assault weapons    
    • limiting ammunition magazines to 10 rounds      
    • strengthening penalties for gun trafficking 

    "The most important changes we can make depend on Congressional action," Obama said. "They need to bring these proposals up for a vote and the American people need to make sure that they do."

    Related Information: Gun Violence Fact Sheet | Gun Violence Executive Summary | Gun Violence Reduction Executive Actions 

    The president also signed a series of 23 executive actions - free from a Congressional blockade -- intended to strengthen existing laws, augment mental health measures and promote federal research on gun crime through the Centers for Disease Control. 

    The executive actions announced included stricter prosecution of would-be gun buyers who fail background checks as well as new requirements for federal law enforcement to trace guns recovered in criminal investigations. 
     

    The president's recommendations also direct administration officials to "clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes" and to "release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities." 

    Obama and Biden were joined at the White House event by families of the Newtown school shooting victims as well as by four children who wrote the president after the tragedy that left 20 young students dead. 

    "This is our first task as a society: keeping our children safe," Obama said at the beginning of his remarks. "This is how we will be judged, and their voices should compel us to change."

    Biden, who led the presidential task-force on gun safety in the wake of the Newtown shootings, praised the activists who met with his staff over the last week to help build the list of recommendations. 

    "The world has changed and it's demanding action," Biden said. 

    While some of Obama's long-expected proposals - like universal background checks - garner overwhelming public support, the outlawing of certain types of weapons may be less of a slam dunk for lawmakers eager to appease constituents. 

    A recent poll from the Pew Research Center showed that a majority of Americans -- 55 percent -- back a ban on "assault-style weapons," with 40 percent saying they don't approve of a ban. But a partisan breakdown shows that only about four in ten Republicans support such restrictions, compared to a broad majority of Democrats. 

    Democrats in Congress have already voiced doubts about the feasibility of the president's most ambitious proposals. 

    "We're not going to get an outright ban" on assault weapons, Democrat Rep. Carolyn McCarthy of New York bluntly said yesterday.

     "[Senate Majority Leader] Reid has said he doesn't know whether he has the votes (for an assault weapons ban)," she added. "There's heavy lifting, so are we going to waste time on heavy lifting? Or are we going to try to work on doing something that could actually get passed?"

    Related: Obama's gun plans spark little enthusiasm with key lawmakers

    Supporters are more optimistic about background checks and magazine restrictions. 

    Senate Judiciary Committee Chairman Patrick Leahy announced Wednesday that his panel will hold its first hearing on issues relating to gun violence on Jan. 30.

    In his remarks Wednesday, Obama anticipated opponents' reactions to his proposals. 

    "This will be difficult," he said. "There will be pundits and politicians and special interest lobbyists publicly warning of a tyrannical all-out assault on liberty. Not because that's true, but because they want to gin up fear or higher ratings or revenue for themselves, and behind the scenes they will do everything they can to block any commonsense reform and make sure nothing changes whatsoever."

    The National Rifle Association, the country's most powerful gun lobby, released a statement Wednesday afternoon in response to the president's remarks.

    "We look forward to working with Congress on a bi-partisan basis to find real solutions to protecting America's most valuable asset - our children. Attacking firearms and ignoring children is not a solution to the crisis we face as a nation," the NRA wrote. "Only honest, law-abiding gun owners will be affected and our children will remain vulnerable to the inevitability of more tragedy."

    That statement was relatively muted in comparison to the group's controversial ad released Tuesday night, which criticized Obama's dismissal of the gun lobby's proposal to increase armed security in schools. 

    "Are the president's kids more important than yours?" a narrator asks in the short ad. "Then why is he skeptical about putting armed security in our schools when his kids are protected by armed guards at their schools? Mr. Obama demands the wealthy pay their fair share of taxes, but he's just another elitist hypocrite when it comes to a fair share of security."

    Related: White House calls NRA 'repugnant,' 'cowardly' for invoking president's children in ad

    The ad prompted outcry from observers who said the First Family should be off limits for such advertisements, while NRA backers say their focus is on school safety rather than on the president's daughters themselves. 

    "Whoever thinks the ad is about President Obama's daughters are missing the point completely or they're trying to change the subject," said spokesman Andrew Arulanandam. "This ad is about keeping our children safe. And the president said he was skeptical about the NRA proposal to put policemen in all schools in this country. Yet he and his family are beneficiaries of multiple law enforcement officers surrounding them 24 hours a day." 

    White House spokesman Jay Carney shot back that the ad is "cowardly." 

    "Most Americans agree that a president's children should not be used as pawns in a political fight," he said. "But to go so far as to make the safety of the President's children the subject of an attack ad  is repugnant and cowardly."

     

    NBC's Mark Murray, Frank Thorp, Ali Weinberg and Kelly O'Donnell contributed to this report.

     

    7541 comments

    Will Obama use a massive outpouring of Executive Orders to bypass Congress and "force" his agenda ?

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    Explore related topics: guns, justice-department, barack-obama, gun-control, featured, joe-biden, appfeatured
  • 6
    Feb
    2013
    2:05pm, EST

    4 key questions about controversial Justice Department drone memo

    A law professor joins "Morning Joe" to talk about the legality of killing Americans abroad.

    By Erin McClam, Staff Writer, NBC News

    Published 2:05 p.m. ET: A Justice Department paper concluding that the United States can order the killing of American citizens believed to be al-Qaida leaders shed at least some light on a legal rationale that lawmakers, journalists and civil libertarians have asked about for months.


    Follow @NBCNewsUS

    But it leaves a swarm of questions unanswered.

    The document says that the government can use lethal force against its citizens under three conditions: The citizen must pose “an imminent threat of violent attack” against the country, capturing the citizen must not be feasible, and it all has to be done within “law of war principles.”

    The paper, first obtained by NBC News, is expected to figure prominently in the Senate confirmation hearing Thursday for John Brennan, President Barack Obama’s pick to lead the CIA. Brennan was an architect of the administration’s controversial escalation of drone strikes to take out suspected militants.

    Here are four key questions about the Justice Department paper:

    1. What’s in the original Justice Department memos?

    What was obtained and made public Monday by NBC News was a Justice Department white paper. It summarizes classified memos on targeted killings produced by the department’s Office of Legal Counsel, which provides legal advice to the president.

    Those original memos have not been released.

    The New York Times and the American Civil Liberties Union sued the Justice Department in 2011 and 2012, seeking the administration’s legal justification for the killing of Anwar al-Awlaki, an American citizen believed by the government to have directed the attempted bombing of an airliner on Christmas Day 2009.

    In January, a federal judge refused to require the government to disclose the justification, but she expressed frustration.

    “The Alice-in-Wonderland nature of this pronouncement is not lost on me,” wrote the judge, Colleen McMahon of Manhattan federal court. “I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret.”

    2. What is an imminent threat?

    The paper, in requiring that the U.S. citizen must pose an imminent threat, refers to a “broader concept of imminence.” It goes on to say what an imminent threat is not: Meeting the condition “does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” 

    “Everyone agrees that if the country is about to be attacked, the country has a right to defend itself,” Stephen Saltzburg, a constitutional scholar and law professor at George Washington University, said Wednesday on MSNBC. But the Justice Department paper “defines imminent threat as being nothing that’s imminent at all.”

    Attorney General Eric Holder said Tuesday that he was satisfied with the definitions.

    The paper says that al-Qaida is continually plotting against the United States and says that the government may determine that a citizen has been “recently” involved in “activities” posing a threat of violent attack, without defining either term. The government may also determine simply that “there is no evidence suggesting that he has renounced or abandoned such activities.”

    3. Who pulls the trigger?

    Outgoing Defense Secretary Leon Panetta told CBS News last year that the president makes the call when an American citizen is targeted for killing, without court oversight, when the government believes that that citizen wants to attack the country.

    “The president obviously reviews these cases and reviews the legal justification and in the end says go or no-go,” Panetta said. “In the end, when it comes to, you know, going after someone like that, the president of the United States has to sign off. And he should.”

    The Justice Department paper suggests that a wider circle of people could make that call, however. It permits targeted killing when an “informed, high-level official of the U.S. government” has determined that the target is an imminent threat. The memo does not say who in the government might qualify.

    “It’s completely on faith,” said Naureen Shah, a lecturer at Columbia Law School and associate director of the Counterterrorism and Human Rights Project at the school’s Human Rights Institute.

    “That might be something we’re willing to trust President Obama with,” she added, “but are we willing to trust the junior-level people who are actually running the show? Who are we trusting here?”

    4. Could the justification apply in the United States?

    The Justice Department paper explicitly refers to killing an American citizen in a foreign country. But legal experts and some lawmakers, concerned that the rationale violates the right to due process afforded Americans by the Constitution, see no reason why it couldn’t apply inside the United States.

    “That should be the question on everyone’s mind. Probably the first question,” said Mary Ellen O’Connell, a law professor at the University of Notre Dame and an authority on international law and the use of force.

    “If the president can make up law,” she said, “I don’t see why he would think he is stopped from making up law to apply inside the United States.”

    The question was among those submitted by Sen. Ron Wyden, an Oregon Democrat, to Brennan in January when Brennan was nominated for the CIA post. Among the other details Wyden sought was clarification on when the capture of such a citizen is “infeasible,” another standard laid out by the Justice Department white paper.

    “Every American has the right to know when their government believes it is allowed to kill them,” Wyden said Tuesday.

    The senator sits on the Intelligence Committee and will question Brennan directly at his confirmation hearing.

    Related:

     Legal experts fear implications of White House drone memo

    Justice Department memo reveals legal case for drone strikes on Americans

    Anticipating domestic boom, colleges rev up drone piloting programs

    710 comments

    They claim the right to kill any American for, basically, any reason. This should terrify anyone who is conscious!

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  • 21
    Jan
    2013
    7:58pm, EST

    NBC/WSJ poll: Majority, for first time, want abortion to be legal

    By Mark Murray, NBC News Senior Political Editor

    As the 40th anniversary of the Roe v. Wade Supreme Court decision takes place on Tuesday, a majority of Americans – for the first time – believe abortion should be legal in all or most cases, according to a new NBC News/Wall Street Journal poll.

    What’s more, seven in 10 respondents oppose Roe v. Wade being overturned, which is the highest percentage on this question since 1989.

    “These are profound changes,” says Republican pollster Bill McInturff, who conducted this survey with Democratic pollster Peter D. Hart and his colleagues.

    Related: Poll shows public lowers expectations heading into Obama's 2nd term

    McInturff adds that the abortion-related events and rhetoric over the past year – which included controversial remarks on abortion and rape by two Republican Senate candidates, as well as a highly charged debate over contraception – helped shaped these changing poll numbers.

    “The dialogue we have had in the last year has contributed … to inform and shift attitudes.”

    View the poll results here

    Jan. 22, 1973: NBC's Garrick Utley and Betty Rollin report on the landmark decision by the Supreme Court on the issue of abortion.

    The 1973 Roe v. Wade decision established a woman’s constitutional right to an abortion, at least in the first three months of pregnancy.

    According to the poll, 54 percent of adults say that abortion should be legal either always or most of the time, while a combined 44 percent said it should be illegal – either with or without exceptions. 

    Recommended: Obama takes ceremonial oath, tells nation 'our journey is not complete'

    That’s the first time since this poll question was first asked in 2003 that a majority maintained that abortion should be legal. Previously (with just one exception in 2008), majorities said abortion should be illegal.

    In addition, a whopping 70 percent of Americans oppose the Roe v. Wade decision being overturned, including 57 percent who feel strongly about this.

    That’s up from the 58 percent who said the decision shouldn’t be overturned in 1989; the 60 percent who said this in 2002; and the 66 percent who said this in 2005.

    By comparison, just 24 percent now want the Roe v. Wade decision overturned, including 21 percent who feel strongly about this position.

    Much of this change, the NBC/WSJ pollsters say, is coming from African Americans, Latinos and women without college degrees -- all of whom increasingly oppose the Supreme Court decision being overturned.

    The NBC/WSJ poll was conducted Jan. 12-15 of 1,000 adults (including 300 cellphone-only respondents), and it has a margin of error of plus-minus 3.1 percentage points. 

    Related: 40 years after landmark decision, restrictions on abortion grow

    3204 comments

    I don't like the idea of abortion, but I would be scared for women if that option were unavailable to those who needed it. I am convinced that no woman undergoes the procedure lightly. It can only be traumatic.

    Show more
    Explore related topics: abortion, supreme-court, justice-department, capitol-hill, birth-control, roe-v-wade, featured
  • 7
    Dec
    2012
    3:20pm, EST

    US Supreme Court to take up same-sex marriage issue

    Just a day after Washington became the latest state to allow gay couples to marry, the U.S. Supreme Court will take a serious look at same-sex marriage for the first time ever. NBC's Pete Williams reports.

    By Pete Williams, NBC News justice correspondent

    The U.S. Supreme Court agreed Friday to take its first serious look at the issue of gay marriage, granting review of California's ban on same-sex marriage and of a federal law that defines marriage as only the legal union of a man and a woman.

    At the very least, the court will look at this question: When states choose to permit the marriages of same-sex couples, can the federal government refuse to recognize their validity?  But by also taking up the California case, the court could get to the more fundamental question of whether the states must permit marriages by gay people in the first place.


    The California case involves a challenge to Proposition 8, a constitutional amendment approved by 52 percent of voters in 2008.  It banned same-sex marriages in the state and went into effect after 18,000 couples were legally married earlier that year.

    A federal judge declared the ban unconstitutional, and a federal appeals court upheld that ruling, though on narrower grounds that apply only to California.  Now that the Supreme Court is wading into the battle, the justices could decide the more basic issue of whether any state can ban same-sex marriage under the Constitution's guarantee of equal protection of the law.  Or they could limit their ruling to apply only to the ban in California.

    Recommended: O'Malley touts same-sex marriage - with signing photo and 'contribute' button

    Nine states and the District of Columbia have moved to permit same-sex marriage or soon will — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington. 

    Chip Somodevilla / Getty Images file

    Same-sex marriage proponent Kat McGuckin of Oaklyn, New Jersey, holds a gay marriage pride flag while standing in front of the Supreme Court Nov. 30, 2012 in Washington, DC.

    The Supreme Court also agreed Friday to hear a challenge to the federal Defense of Marriage Act, known as DOMA, passed by overwhelming margins in both houses of Congress in 1996 and signed by President Clinton.  A provision of the law specifies that, for federal purposes, "the word 'marriage' means only a legal union between one man and one woman as husband and wife."

    Congress acted out of concern that a 1993 state court decision in Hawaii, which held that the state could not deny marriage licenses to same sex couples, might force other states to recognize gay marriage.  As it turned out, Hawaii did not adopt same-sex marriage.

    Because of DOMA, gay couples who wed in the nine states where same-sex marriage is permitted are considered legally married only under state law.  The federal government is barred from recognizing their marriages.  As a result, they are denied over 1,000 federal benefits that are available to traditional couples.

    After first supporting DOMA in court, the Obama administration concluded last year that it violated the Constitution's guarantee of equal protection under the law.

    "We cannot defend the federal government poking its nose into what states are doing and putting the thumb on the scale against same-sex couples," President Obama said in explaining the change.

    Recommended: In lame duck session, positioning begins for immigration debate in 2013

    Gay married couples in five states filed lawsuits challenging DOMA as an unconstitutional denial of their right to equal protection.  After the Obama Justice Department declined to defend the law, House Republicans stepped in to carry on the legal fight.

    NBC's Pete Williams reports on the Supreme Court's decision to take up two cases dealing with DOMA and California's Prop 8.

    Defenders of DOMA argue that the law helps preserve traditional marriage.

    "Unions of two men or two women are not the same thing as a marriage between a man and a woman. And only marriage between a man and a woman can connect children to their mother and father and their parents to the children," says Brian Brown of the National Organization for Marriage.

    A Supreme Court decision striking down the Defense of Marriage Act would not, by itself, require states to allow same-sex marriages.  But the federal government would be required to recognize those marriages in the states where they are legal.

    The cases will be argued before the justices in March, with a decision expected by late June.

    2681 comments

    Gays and Lesbians deserve just as much right to be as miserable as the rest of us.

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  • 27
    Nov
    2012
    1:47pm, EST

    US Justice Department launching investigation into Albuquerque police

    By NBC News staff and wire services

    The U.S. Justice Department is launching a formal investigation into the Albuquerque Police Department, which has recently been under fire from civil rights advocates.

    After a preliminary review started last year, "we have concluded that a full civil rights investigation is warranted to determine whether APD engages in a pattern or practice of violations of the Constitution or federal law," Assistant Attorney General Thomas Perez said in a statement at a police department press conference in Albuquerque on Tuesday. "In particular the investigation will focus on use of force by APD, including but not limited to use of deadly force."


    Follow @NBCNewsUS

    The Police Department in New Mexico's largest city has experienced a number of fatal shootings since 2010, and has been criticized over a number of cases alleging abuse by officers, The Associated Press reported.

    Thomas Perez, the Assistant Attorney general for the Justice Department’s Civil Rights Division, announced in August 2011 that officials were "gathering information" on the department, the Albuquerque Journal reported.

    "Our goal is to search for the truth," Perez told the Journal in an interview this week. "We’re looking to see if there are systemic problems embedded in the culture of the department."


    Stay informed with the latest headlines; sign up for our newsletter

    The Police Department has also been plagued in recent months by a number of high-profile cases in which officers are accused of using excessive force, including some cases caught on video, the AP reported.

    "Our investigation into APD’s use of force practices will be thorough, fair and independent," Perez.said Tuesday. "We will peel the onion to its core, and leave no stone unturned. We will follow the facts wherever they lead us."

    He said that the probe would take into account police policies, practices and records, officers in the field and others in the department with the assistance of law enforcement experts. 

    "We will also actively engage with the community — a critical part of the process of determining whether systemic violations exist and how a police department can be improved."

    Albuquerque Mayor Richard Berry and the city's Police Chief Ray Schultz also spoke at the press conference, saying they would cooperate fully with the federal investigation. They noted that the city had already made an array of policy changes in the past 18 months, many of them addressing the way officers use force, adding that they looked forward to any "additional recommendations," the Albuquerque Journal reported. 

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    Follow US news from NBCNews.com on Twitter and Facebook

     

    5 comments

    Heck yeah they better get investigated. After all, what good a police force that might stem criminality?

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  • 27
    Sep
    2012
    10:43am, EDT

    Civil rights dominate Supreme Court term

    By Pete Williams, NBC News Justice Correspondent

    The U.S. Supreme Court term that begins Monday promises to be one of the most important for civil rights in decades, with the potential for blockbuster decisions on issues from race in classrooms and the voting booth to legal recognition for same-sex marriage.

    Related: Conservatives warily ponder prospect of an 'Obama court'

    Less than a decade after ruling that the nation's colleges and universities can consider the race of student applicants to achieve more racially diverse campuses, a practice now widely used by the nation's selective schools, the court has agreed to take a fresh look.

    The new challenge comes from Abigail Fisher, a white student denied admission to the University of Texas at Austin. The school admits the top 10 percent of academic performers from all Texas high schools, then considers the race of applicants as one factor in admitting the remainder of an incoming freshman class.

    Evan Vucci / AP

    People who waited in line overnight to hear the Supreme Court on a landmark case on health care hold their belongings as they make their way into the court in Washington, Thursday, June 28, 2012.

    Fisher did not finish in the top 10 percent at her high school and claims that the consideration of race in reviewing applications cost her a spot at the university. 

    "There were people in my class with lower grades, who weren't in all the activities I was in, who were accepted into UT. And the only difference between us was the color of our skin," she said. 

    The university, backed by civil rights groups, contends that while the top 10 percent plan achieves some campus diversity, many of its classes would have only a few, if any, black and Hispanic students without additional considerations of race. 

    Making it harder to achieve the diversity colleges need, argues Gregory Garre, a Washington, D.C. lawyer representing the University of Texas, "would jeopardize the nation's paramount interest in educating its future leaders in an environment that best prepares them for the society and workforce they will encounter." 

    The New Yorker's Jeffrey Toobin joins Morning Joe to discuss President Obama's relationship with the Supreme Court, Chief Justice John Roberts and his ruling on the Affordable Care Act, and the relationships the justices have with one another.

    The Supreme Court that will hear the case Oct. 10 is different from the one that upheld a race-conscious admissions program at the University of Michigan law school in 2003. 

    "Sandra Day O'Connor was on the court then, and she's been replaced by Samuel Alito, who has much less tolerance for affirmative action," says Tom Goldstein, a Washington, D.C. lawyer who specializes in Supreme Court cases. 

    O'Connor, who wrote the decision in the Michigan case, retired from the court in 2006. 

    As a result, says Pamela Harris, a former Obama administration official in the Justice Department, "I don't think anyone thinks affirmative action is long for this world." 

    Justice Elena Kagan, considered one of the court's liberals, will sit this one out. She was the Obama administration's solicitor general when the Justice Department became involved in the case in the lower courts. 

    The Supreme Court will take up another racially charged issue this term if, as seems likely, it agrees to consider efforts to scale back the landmark Voting Rights Act. 

    Passed by Congress in 1965 and renewed four times since then, most recently in 2006, a key provision requires states with a history of discrimination at the polls to get federal permission before making any changes to election procedures -- from redrawing congressional district boundaries to changing the locations of polling places. 

    Three years ago, the Supreme Court brushed off a challenge to that requirement but strongly suggested that several justices had doubts about its constitutionality, given recent electoral reforms. 

    "Things have changed in the South," the court said in 2009. "Blatantly discriminatory evasions of federal decrees are rare." 

    Pending cases ask the court to strike down the pre-clearance requirement entirely or throw out the list of areas, consisting of nine entire states, and of 12 cities and 57 counties elsewhere, that must get permission to modify their election procedures. 

    The current map, says Bert Rein, a Washington, D.C. lawyer representing Shelby County, Ala., includes some localities that have made substantial reforms while missing other parts of the country that have failed to root out discrimination at the polls. 

    As a result, Rein says, the system is unfair. "Florida has been forced into pre-clearance litigation to prove that reducing early voting from 14 days to 8 is not discriminatory, when states such as Connecticut, Rhode Island and Pennsylvania have no early voting at all." 

    But Debo Adegbile of the NAACP Legal Defense and Education Fund says the current map is a close enough fit to cover the areas of greatest concern. 

    "Congress is not a surgeon with a scalpel when it acts to legislate across the 50 states. But it can reasonably attack discrimination where it finds it," he says. 

    The court is almost certain to take up a host of challenges to the federal Defense of Marriage Act (DOMA) signed into law by President Bill Clinton in 1996. 

    It defines marriage, for the purposes of federal law, as "only a legal union between one man and one woman as husband and wife." As a result, same-sex couples who get married in the states where such marriages are legal are accorded state and local benefits but miss out on more than 1,100 federal ones. 

    After at first defending the law, the Obama administration notified federal courts early last year that it concluded the law was unconstitutional. House Republicans then took up the law's defense. 

    A Supreme Court ruling striking down DOMA as discriminatory would not force states to permit same-sex marriage. But it would require the federal government to recognize those marriages where they are legal. 

    The court could address the issue of same-sex marriage more directly if it takes up the legal challenge to California's Proposition 8, which banned gay marriage in the state.  

    Legal experts differ on whether the court is prepared to go that far, rather than deciding the DOMA issue now and coming back to the constitutionality of gay marriage in a later term. 

    "We're not at the point where the Supreme Court will require the state of Mississippi to allow same-sex marriage," says Louis Michael Seidman of the Georgetown University Law Center. 

    Among other questions the justices will confront: 

    - Must police get a search warrant before taking a blood sample from a suspected drunk driver? 

    - How far can police go in using drug-sniffing dogs outside someone's house? 

    - Can a 1789 law, the Alien Tort Statute, be used to bring lawsuits in US courts for violations of international law that occur in other countries? 

    - And, in an issue of growing interest to U.S. businesses, should more limits be placed on the ability to bring class-action lawsuits?

    469 comments

    Supreme Court Appointments. Another very important reason that the Obama Administration has to go.

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  • 22
    Aug
    2012
    3:03pm, EDT

    US sues Gallup, alleging pollster overcharged on government contracts

    By Michael Isikoff, NBC News

    WASHINGTON, D.C. -- The U.S. Justice Department on Wednesday accused Gallup Organization, the country's most venerable and best-known political polling firm, of bilking the U.S. government on millions of dollars in federal  contracts.

    In a federal court filing, DOJ lawyers said they will pursue some of the claims first made in a lawsuit filed by a Gallup whistleblower who accused the polling organization of routinely inflating bills on  polling services for the U.S. Mint, the U.S. Passport Agency and the Federal Emergency Management Agency.


    Follow @NBCNewsUS

    Gallup -- a Washington, D.C.,-based company that promotes itself as "the most trusted name in polling" -- did not immediately respond to a request for comment. The announcement comes at an awkward time for Gallup, in the middle of an election season when the company's polls are routinely cited in coverage of the presidential election. (In its latest tracking poll released Wednesday, Gallup has Mitt Romney ahead of  President Obama by a 47 to 45 percent margin. http://www.gallup.com/poll/154559/US-Presidential-Election-Center.aspx)


    The whistleblower, Michael Lindley, served as director of client services for Gallup from February 2008 until  July 2009, when, according to his lawsuit, he was abruptly fired after complaining about the alleged overbillings and threatening to go to the Justice Department if they didn’t stop.

     "When you start talking about going to the Department of Justice, I don't trust you anymore," Lindley alleges he was told by the firm's top lawyer, according to a copy of his complaint obtained by NBC News.

    In  a DOJ press release, Ronald Machen, the U.S. Attorney for the District of Columbia, said the decision to intervene shows "we will do all that we can to act against those who illegitimately bill the American taxpayers." 

    Lindley filed his lawsuit under seal in October 2009 as a so-called "qui tam" case that allows private whistleblowers to recover a portion of fraudulent billings that they bring to the U.S. government's attention. HIs complaint, made public for the first time on Wednesday alleges a wide range of improprieties within Gallup -- not all of which were accepted by the Justice Department after a nearly three-year investigation.

    According to Lindley's complaint, Gallup effectively kept two sets of books on its federal business -- one that inflated its costs that were  submitted to government agencies,  another internally that reflected the firm's real (and much lower) costs to perform the work.

    As an example, Lindley alleges that Gallup received a $2 million a year sole source contract with the U.S. Mint to conduct surveys on the likely purchasers of newly minted coins, such as presidential coins. In its budget presented to the Mint, "Galllup would inflate the number of hours required to complete the work, usually by a multiple of two or three times," the complaint alleges.

    Gallup also submitted "vastly inflated" budgets for its work for the U.S. Passport agency in support of a five year, $25 million sole-source contract for surveys aimed at predicting the number of passport applications that would be needed under new border control laws requiring travelers to Mexico and Canada to carry passports.

    Those claims were adopted by Justice in its decision to intervene. In another part  of his complaint-- that was not adopted by Justice but remain outstanding against the company-- Lindley alleges that Gallup officials drafted large portions of a federal bid proposal by the U.S. Army for survey research in Iraq to insure that Gallup was the only polling firm that qualified. (The original bid proposal, he alleges, asked for a company that had 70 or more years of polling experience; it was later rewritten to say 10 or more years of experience and Gallup was awarded the $15 million contract.)

    The lawsuit also alleges that Gallup violated "clear conflict of interest"  rules by offering a job to a high level FEMA employee who played a role in steering a $12 million, five-year contract to Gallup. Justice lawyers said in their filing they plan to assert  "additional claims" relating to the FEMA contract, but did not identify what they are.

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    40 comments

    I bet if they still had Obama ahead in the polls they wouldn't have touched them until after the election.

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  • 9
    Jul
    2012
    4:25pm, EDT

    Feds reveal more charges in murder tied to 'Fast and Furious'

    FBI

    The Justice Department Monday unveiled new charges against Ivan Soto-Barraza and four others for the murder of Border Patrol Agent Brian Terry.

    By NBC News' Pete Williams

    Federal prosecutors on Monday revealed more charges in the murder of U.S. Border Patrol Agent Brian Terry.

    The indictment, unsealed Monday in Tuscon, Ariz., charges five men with involvement in Terry's death, which is at the center of a controversy over a Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) gun tracking operation known as "Fast and Furious."



    Follow @msnbc_us

    According to the indictment, Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes and Lionel Portillo-Meza are charged with crimes including first degree murder, second degree murder, conspiracy to interfere with commerce by robbery, attempted interference with commerce by robbery, use and carrying a firearm during a crime of violence, assault on a federal officer and possession of a firearm by a prohibited person.  

    The 11-count indictment alleges that on Dec. 14, 2010, five of the defendants engaged in a firefight with Border Patrol agents. Terry was shot and killed in the gunfire.

    The defendants illegally entered the United States from Mexico to rob drug traffickers of their contraband, according to the indictment.

    In addition to the murder of Terry, the indictment also alleges that the five defendants assaulted Border Patrol Agents William Castano, Gabriel Fragoza and Timothy Keller, who were with Terry during the shootout.

    A sixth defendant, Rito Osorio-Arellanes, is charged only with conspiracy to interfere with commerce by robbery.

    Two of the individuals involved with the shooting are already in custody: Manuel Osorio-Arellanes was arrested on the night of the shooting and Rito Osorio-Arellanes was arrested by Border Patrol agents on December 12, 2010, on immigration charges.

    The FBI is offering a reward of up to $1 million for information leading to the arrest of the remaining fugitives.

    Related: House votes to cite Holder for contempt
    Related: Republicans to press 'Fast and Furious' suit

    "We will stop at nothing to bring those responsible for his murder to justice," Attorney General Eric Holder said in a statement. "Today's announcement reflects the department's unrelenting commitment to finding and arresting the other individuals responsible for this horrific tragedy so that Agent Terry's family, friends and fellow law enforcement agents receive the justice they deserve."

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    631 comments

    Interfere with commerce??????? Excuse me, but since when is ILLEGAL DRUGS commerce? And WHERE is the indictment of the people that aided and abetted this crime by SUPPLYING THE FIREARMS?

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  • 23
    May
    2012
    1:07pm, EDT

    'Frequent and severe' sexual violence alleged at women's prison in Alabama

    Alabama Dept. of Corrections

    Julia Tutwiler Prison for Women in Alabama is facing complaints of sexual misconduct by guards.

    By Elizabeth Chuck, Staff Writer, NBC News

    Sexual misconduct by male correctional staff toward inmates at Alabama's Tutwiler Prison for Women is "commonplace" and has resulted in numerous women becoming pregnant while incarcerated, a complaint filed with the U.S. Department of Justice alleges.

    Equal Justice Initiative, a private nonprofit organization, filed the complaint about the all-female prison in Wetumpka, Ala., Tuesday after receiving dozens of claims of sexual misconduct involving male staff between 2004 and 2011.

    In interviews with more than 50 women incarcerated at the prison, EJI said it discovered "frequent and severe officer-on-inmate sexual violence," ranging from women being coerced into performing sexual favors in exchange for contraband goods to rape by a male correctional staff member while another male officer served as a lookout.

    Even in instances in which abuse was confirmed, perpetrators received little more than a slap on the wrist, EJI Executive Director Bryan Stevenson told msnbc.com.

    "In the last two years, the person who received the harshest sentence was a man who got six months in jail," Stevenson said. "This was for a woman who was raped and became pregnant. The baby was born, and DNA confirmed it was his."

    Had the rape occurred outside prison confines, the sentence could have been 50 years to life in prison, he said.

    "It actually makes you think you can do this with impunity," he said.

    Instead of punishing the staff committing the offenses, Tutwiler punished the women when they tried to report the incidents, Stevenson said. Anyone who reported sexual abuse at Tutwiler was called a liar by the warden and routinely placed in segregated cells with privileges revoked.

    Tutwiler Prison Warden Frank Albright did not return a phone call from msnbc.com on Wednesday, but the Alabama Department of Corrections said it has a zero-tolerance policy for sexual offenses.

    “This is a matter of grave concern to me,” Alabama Corrections Commissioner Kim Thomas said in a press release. “From the beginning of my watch, I have made it very clear to my staff that custodial sexual misconduct will not be tolerated and is an especially egregious offense to me. We take every action possible to prevent it from happening and if it does, we undertake prompt corrective employee discipline and pursue criminal prosecution where applicable.”

    But according to EJI's investigation, the Alabama Department of Corrections has been under-reporting data on sexual misconduct. None has been provided since September 2010, despite at least four Tutwiler employees being indicted on charges of abuse during 2011, according to court records.

    Report: Nearly 10 percent of inmates suffer sexual abuse

    The Department of Justice did not respond to msnbc.com's questions about how they are handling the complaint.

    It's not clear from the EJI's investigation how many claims of sexual harrassment the group has received from the prison, which has a capacity of 956 inmates.

    Just last week, the Justice Department published a report on sexual abuse in state prisons, local jails, and post-release treatment facilities across the country. Nearly one in 10 prisoners suffers sexual abuse while incarcerated, the report said.

    In 2007, a Justice Department report ranked Tutwiler as the women's prison with the most sexual assaults, and 11th among all the prisons studied.

    Even after the 2007 federal report, Tutwiler policies on sexual miscconduct continued to be lax, Stevenson alleged.

    "Male guards shouldn't be going into the showers and exploiting the vulnerability of women when they're naked and exposed," Stevenson said. "Many states have regulations that restrict these kind of breaches. They haven't done that at Tutwiler." 

    In fact, Stephenson thinks sexual assault is even more widespread at the prison than his group has found.

    "We think there are a lot more people who have information that they want to share that didn't feel comfortable doing that," he said. "I'm hoping the public exposure and scrutiny will make people feel comfortable to step forward."

    Since filing the complaint, EJI has heard from many women who alleged abuse.

    "We've gotten some calls this morning from women who seemed so grateful and relieved that finally, some light has been shed on this."

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    473 comments

    It's surprising that it got this bad, but seriously, have we not learned better by now than to put male guards into this type of environment? They have the power to take advantage of these women, and it's only a matter of time until some do. Female prison? Get female guards.

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