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  • 6
    May
    2013
    1:49pm, EDT

    Officials: Minnesota man arrested on suspicion of plotting terror attack

    By Pete Williams and Daniel Arkin, NBC News

    Federal officials believe a localized "terror attack" was thwarted when an FBI raid on a Minnesota man's mobile home turned up Molotov cocktails, pipe bombs and several firearms.


    Follow @NBCNewsUS

    Buford Rogers, 24, was apprehended Friday after the raid of his Montevideo, Minn., home.

    “The FBI believes that a terror attack was disrupted by law enforcement personnel and that the lives of several local residents were potentially saved,” the Minneapolis FBI office said in a statement released Monday.

    Authorities say the thwarted attack was a low-level case of domestic terrorism. The investigation remains ongoing, according to the FBI statement.

    Buford is linked to an unidentified militia group, officials said.

    The FBI wouldn’t disclose information Monday about the nature or target of the alleged plot, but authorities believe Rogers was targeting an area of western Minnesota, The Associated Press reported.

    The alleged plot was exposed after “timely analysis of intelligence and through the cooperation and coordination” between local, state, and federal officials, the statement says.

    Rogers has been charged with one count of being a felon in possession of a firearm. He remains in federal custody and is expected to make his first appearance in federal court this week.

    It is not known if Rogers has retained an attorney.

    858 comments

    Deaths at embassies and consulates not investigated by Republicans 2002 US Consulate in Pakistan10 killed 2004 US Embassy in Uzbeistan2 killed 2004 US Consulate in Saudi Arabia8 killed 2006 Embassy in Syria1 killed 2008 US embassy in Yemen10 killed

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    Explore related topics: fbi, pete-williams, terror-attack, montevideo, minnesota-terror-attack, pete-willians-nbc
  • 14
    Dec
    2012
    6:48pm, EST

    Gunman's mother owned weapons used in Connecticut school massacre

    Investigators believe the gunman shot his mother at home, where he lived with her, and are researching the suspected gunman's writings, looking for any clues as to what might have precipitated one of the worst mass shootings in history. NBC's Pete Williams reports.

    By Pete Williams and Kari Huus, NBC News

    The weapons used in Friday’s shooting at Sandy Hook Elementary School in Newtown, Conn., were legally purchased and registered to Nancy Lanza, the mother of the gunman, Adam Lanza, two law enforcement officials told NBC News.  


    Follow @NBCNewsUS

    The gunman was clad in black and used two 9mm pistols to kill 20 small children and six adults at the school. It was unclear how many shots were fired there. 

    Two 9mm handguns, one made by Glock and the other by Sig Sauer, were recovered inside the school. An AR-15-type rifle also was found at the scene, but there were conflicting reports Friday night whether it had been used in the shooting.


    In total, 28 people died in Friday's rampage, including the gunman, who was found at the scene, and a woman believed to be Nancy Lanza, found shot dead at a home in Newtown. She was a teacher.

    Under Connecticut law, people under 21 are prohibited from purchasing or carrying handguns. Adam Lanza was 20.

    The nonprofit Brady Campaign to Prevent Gun Violence ranks gun control laws in Connecticut and neighboring states New Jersey, New York and Massachusetts as the most stringent in the nation, after California.

    Government officials

    Undated photo confirmed by government officials to be Adam Lanza, who apparently killed himself after killing more than two dozen others, including 20 school children.

    Connecticut allows possession of assault rifles, except those with certain features, such as a fixed bayonet type lug, or a collapsible stock, according to attorney David Clough of Southbury, Conn.

    Otherwise they are allowed, and like other rifles, easier to acquire than handguns.

    Under Connecticut law, anyone 21 or older can purchase ammunition, Clough said.

    The Associated Press, citing an unnamed official, reported that state police records show that Nancy Lanza had legally purchased five firearms, all registered in Connecticut, though the reported was not independently confirmed by NBC News. The AP later reported that authorities also recovered three other guns — a Henry repeating rifle, an Enfield rifle and a shotgun. It was not clear where those weapons were found.

    Follow Kari Huus on Facebook

    There have been several mass shootings in 2012 alone, and on Friday President Obama said politicians will need to come together to take action regardless of the politics. NBC's Tom Costello reports.

    Related content from NBCNews.com:

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    1058 comments

    What in the world does a kindergarten teacher need all those guns for? Two 9mm's even..self protection on steroids.

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    Explore related topics: featured, guns, connecticut, weapons, sandy-hook, kari-huus, pete-williams, connecticut-school-shooting
  • 26
    Nov
    2012
    1:24pm, EST

    Supreme Court turns down Idaho killer's appeal over insanity defense

    By Pete Williams, NBC News Justice Correspondent

    Follow @NBCNewsUS

    The U.S. Supreme Court on Monday turned down an opportunity to consider whether states can ban the insanity defense in criminal cases.

    Most states permit a defendant to claim the defense of not guilty by reason of insanity.  It's not a medical term, it's a legal one, generally meaning that a person could not understand the difference between right and wrong and was, therefore, unable to act with criminal intent. 


    Though long permitted, it has never been popular.  Between 1979 and 1995, five states decided to ban it -- Idaho, Kansas, Montana, Nevada and Utah.  A factor in the changing public sentiment was John Hinckley Jr's successful insanity plea when he was put on trial for shooting President Ronald Reagan in 1981.

    The Supreme Court on Monday declined to take up a challenge from lawyers for an Idaho man, John Delling, who was convicted of killing two of his friends while, his lawyers contend, he was in the grip of severe delusions caused by acute paranoid schizophrenia. Because Idaho's law says that a defendant's mental condition "shall not be a defense to any charge of criminal conduct," he was unable to plead not guilty by reason of insanity.

    Watch US News crime videos on NBCNews.com

    Delling's lawyers argued that the Constitution's guarantee of due process demands that the insanity defense be available because it has strong roots in the legal system. And, they said, the ban on cruel and unusual punishment "forbids criminal punishment that violates broadly and deeply held Anglo-American legal practices."  

    Idaho defended its law, contending that "moral incapacity is only one of four different historical approaches to insanity in criminal cases, no one of which is constitutionally required."

    Three justices, Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor, dissented from the court's refusal to take up the case.  "The law has long recognized that criminal punishment is not appropriate for those who, by reason of insanity, cannot tell right from wrong," they said.

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    145 comments

    Sanity should NEVER be a factor in guilt or innocence....... Only in the punishment for the crime..........

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  • 26
    Oct
    2012
    11:37am, EDT

    Copyright case could threaten eBay and garage sales

    By Pete Williams, NBC News Justice Correspondent

    The U.S. Supreme Court, in a case to be argued Monday, wades into a controversy over federal copyright law that could determine the legal rights of American consumers to sell thousands of used products on eBay and at garage sales and flea markets.

    Stelios Varias / Reuters file photo

    The legal battle involves Supap Kirtsaeng, a student from Thailand who was surprised by the high cost of academic textbooks when he arrived in the U.S. to attend college.  He asked his parents to search bookstores back home and send him much cheaper versions -- published overseas and sold at a fraction of the price -- of the same texts. 

    He was soon running what amounted to a small business out of his apartment, helping to pay his way through school by selling textbooks on eBay. The exact amount of his profit is unclear, but court records say it was around $100,000. 

    The textbooks his family shipped him each bore this warning: "Exportation from or importation of this book to another region without the publisher's authorization is illegal," but Kirtsaeng wasn't bothered.  He concluded -- based on a search of articles on the Internet -- that he was in no legal jeopardy.  

    The first Monday in October is the traditional start of the Supreme Court's new term.  Last term was a blockbuster, dominated by health care and immigration. But this one looks like it, too, and will be one of the most important in years.  NBC's Pete Williams reports.

    The publisher of some of the books he sold, John Wiley & Sons, didn't see it that way. It sued him in federal court, and a New York jury ordered him in 2009 to pay $600,000 in damages.  When he said he had nowhere near that kind of money, he had to hand over personal property, including his computer, printer and golf clubs. A federal appeals court last year upheld the verdict. 

    Kirtsaeng was caught between two federal laws, and he's now asking the U.S. Supreme Court to see it his way.

    One longstanding provision says when the holder of a copyright offers a work for sale, its legal interest in that specific copy evaporates as the item is sold. It's called the first-sale doctrine, and it means that if you buy the latest John Grisham novel, you can sell it on a website or give it away to the church library without violating copyright laws. 

    But another law prohibits importing works "acquired outside the United States ... without the authority of the owner of copyright."  Applying that statue, the federal courts ruled against Kirtsaeng, reasoning that "the first-sale doctrine does not apply to copies manufactured outside of the United States."           

    A who's who of companies and groups involved in selling used merchandise is urging the Supreme Court to overturn the publisher's victory. 

    EBay warns that leaving the ruling intact would be a blow to "trade, consumers, secondary markets, e-commerce, small businesses, and jobs."  Goodwill Industries says the ruling would have "a catastrophic effect on the viability of the secondary market and, consequently, on Goodwill's ability to provide needed community-based services." 

    "There are enough copyright owners out there -- and enough crazy copyright lawsuits," says a group of book store operators in a friend of court brief. "No one should be put to the choice of violating the law and hoping they don't get caught, and losing their business." 

    The effect of a victory for the publisher, according to some experts in copyright law, would extend far beyond the market for books and other published materials.  It could also affect sales of thousands of used consumer electronic products made outside the U.S. that contain copyrighted software, perhaps even used cars. 

    Kirtsaeng's lawyer makes the same expansive claim in his Supreme Court brief.  "Even cherished American traditions, such as flea markets, garage sales, and swapping dog-eared books are vulnerable to copyright challenge" under the appeals court ruling, argues Josh Rosenkranz of New York.

    But could that really be the outcome? 

    "It doesn't mean you'd have industry enforcers attending yard sales. You'd just be converting a bunch of people into law breakers," says Prof. Rebecca Tushnet, an expert on copyright law at Georgetown Law Center in Washington. 

    Most likely, she says, music and book publishers would be visiting stores and Internet sites that sell used materials. "Anything more organized, like eBay sales or craigslist could be disrupted," she says.  "And I do think it's a very serious threat. They are very clearly willing to do this." 

    Not so, argues Washington, D.C. lawyer Ted Olson, representing the publisher that sued Kirtsaeng. If such predictions were right, he says, "those consequences should already have occurred in response to 30 years of judicial decisions and commentary." 

    However the court decides the case, it will undoubtedly affect a category known as graymarket sales, in which middlemen legally buy products overseas, then make them available for sale by retailers in the U.S. who can offer the products for lower prices.  

    Swiss watch maker Omega and discount retailer Costco have been battling in court for years over this issue. Omega claimed Costco was improperly selling its watches acquired overseas through just such a graymarket mechanism. 

    Omega says its authorized US dealers charge prices "that are higher than the prices charged in other, less developed and less competitive markets."  It argues that any erosion of copyright protection for overseas sales would limit a manufacturer's ability to tailor prices to global markets. 

    But discount retailer Costco is siding with Supap Kirtsaeng, saying it "often sells copyrighted products that, although genuine, were not purchased directly from the copyright owner."

    540 comments

    I bought, I own it, I can sell it if I choose..............

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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
    12:57pm, EDT

    Scalia: Judges should interpret words, not intent

    The most outspoken member of the U.S. Supreme Court, Antonin Scalia, is out with a new book about how he decides cases and why he thinks most judges go about it the wrong way. He talked at the court with NBC News Justice Correspondent Pete Williams about his book,

    By Pete Williams, NBC News justice correspondent

    In his new book about how judges should decide difficult legal issues, Supreme Court Justice Antonin Scalia says many go about it the wrong way.

    "You will see recited in opinions all the way back that the object of interpretation is to determine the intent of the drafter.  I don't believe that.  We're not governed by the drafter's intent. We're governed by laws," he told NBC News in an interview at the court.


    In the book, Reading Law: The Interpretation of Legal Texts, Scalia and co-author Bryan Garner explain that a textualist, like Scalia, is someone who believes that the Constitution and laws must be read on the basis of the fairest meaning of the text.

    "Judges should not be using such extrinsic factors as, ‘What is the general purpose of the statute?’ Or ‘What did the Senate committee say when the statute was enacted?’" he said.

    But he rejects the notion that such an approach will tend to produce a conservative outcome.

    "I ought to be the pinup of the criminal defense bar, because I've written some opinions vindicating the right to trial by jury and the right to confront witnesses.  I'm a law-and-order conservative socially. I wouldn't come out that way if I were king. But that's not my job," he said.

    Asked if his views on textualism have influenced his Supreme Court colleagues, he replied, "If so, they've hidden it very well.  All my colleagues had their basic judicial philosophy fixed long before they met me."

    Some liberal members of the court have advocated a broader view, notably Stephen Breyer, arguing that judges should pay attention to a provision's purpose when the language is not clear.  "Over-emphasis on text can lead courts astray, divorcing law from life," Breyer has written.

    Scalia says the passion in his opinions, especially in his dissents, reflect his view that "there's no sin in caring passionately about doing the right thing.  I care very much about changes to the Constitution that are simply not justified."

    But, he says, some people wrongly believe strong words cause hard feelings on the bench.

    "I don't translate the hostility to bad decisions into hostility towards the people who are expounding those ideas. And if you cannot do the one without the other, you ought to look for another job.  It's a very unhappy place if you're personally antagonistic to the people whom you disagree with."

    As for his future, Justice Scalia, at age 76 the court's longest-serving member, says he intends to remain "as long as I think I'm doing it well."

    “I’m very much enjoying what I do.  This is a wonderful job. I like thinking about the law. I like figuring the right answer to legal programs.  And it’s sort of the top of the heap for a lawyer who has those interests.”

     

     

     

    146 comments

    He's delusional if he thinks what he does doesn't make him "king." If he interprets words not intent, I'd like to know how he got to the Citizens United devastating decision from a single decision being asked as to whether showing the derogatory Clinton video by an extreme right group was a campaig …

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  • 21
    Aug
    2012
    6:09pm, EDT

    Poker is game of skill, not chance, New York judge rules, upping Internet ante

    By NBC's Pete Williams

    Poker is mainly a game of skill, not chance, a federal judge ruled Tuesday, tossing out the conviction of a New York man who ran a poker club advertised by word of mouth and text messages.


    Follow @NBCNewsUS

    The ruling is a legal victory for Lawrence Dicristina, a businessman who sold electric bicycles and operated a poker club in the back room of his Staten Island warehouse.

    But legal experts say it also undercuts one of three federal laws used in the past to shut down online poker in the U.S. The Justice Department concluded earlier this year that another of the laws should not apply to online poker.


    Dicristina was charged with violating the Illegal Gambling Business Act, a 1970s-era federal law intended to crack down on organized crime. Its definition of gambling lists several forms -- including slot machines, lotteries, and bookmaking -- that his lawyers argued were games of chance.

    Watch the Top Videos on NBCNews.com

    Director Douglas Tirola of the documentary, "All In … The Poker Movie," and 2003 World Series Poker Champion Chris Moneymaker talk about the evolution of the game and the increasing interest in it.

    Poker, they argued, is primarily a game of skill and therefore isn't covered by the federal law. On Tuesday, Federal District Court Judge Jack Weinstein agreed.

    "In poker," he wrote, "increased proficiency boosts a player's chance of winning and affects the outcome of individual hands as well as a series of hands.  Expert poker players draw on an array of talents, including facility with numbers, knowledge of human psychology, and powers of observation and deception."

    His 120-page opinion included charts and graphs showing how players more accomplished at such skills as bluffing consistently tend to beat inexperienced players.

    What's more, Dicristina's lawyers argued, forms of gambling typically covered by federal law involve betting against casinos running the games, which manipulate the odds of winning.  A poker player, by contrast, bets solely against other players, not the house.

    They also contended that most poker hands are won by inducing opponents to fold, with the cards never revealed or compared.  By bluffing, they told the judge, a player minimizes the importance of the luck of the draw.

    “We have patiently waited for the right opportunity to raise the issue in federal court,” said John Pappas, executive director of the Poker Players Alliance, which aided in Dicristina’s defense and helped formulate the winning legal arguments. “Today’s federal court ruling is a major victory for the game of poker and the millions of Americans who enjoy playing it.”

    Weinstein noted that poker has a long history in the United States, "embraced by many of our political leaders and other public figures," including former Supreme Court Justices William O. Douglas, "a regular at President Franklin Roosevelt's poker parties," and Fred Vinson, who played the game with President Harry S. Truman.

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    Legal experts said Tuesday's ruling could undercut the ability to restrict online poker and could encourage Congress to pass pending legislation that would permit the game to be played online under federal regulation.

    In Tuesday's ruling, Weinstein said federal prosecutors can still use racketeering laws to go after games run by organized crime figures. And he said states can prohibit poker under their own laws.

    Pete Williams is NBC News' justice correspondent.

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    233 comments

    Jersy Girl 1 Precisely what the judge is saying. If it were pure chance, the " quite a few people" you know would not lose all the time.

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  • 19
    Jul
    2012
    5:42pm, EDT

    Report details FBI's missteps ahead of Fort Hood shootings

    By Pete Williams, NBC News

    An investigation of the FBI's handling of the events leading up to the shootings at Fort Hood, Texas, in November 2009, concludes that agents made a series of mistakes, failing to follow up on important questions and to share information widely enough.


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    "We do not find, and we do not suggest, that these mistakes resulted from intentional misconduct or the disregard of duties," concluded William Webster, the FBI's former director who led the investigation. "Indeed, we find that each special agent, intelligence analyst, and task force officer who handled the information acted with good intent."

    Click here to read the full report (pdf)

    Most of the shortcomings have been previously disclosed, and some resulted from a lack of training and of understanding military nomenclature. For example, agents in San Diego, who were investigating al-Qaida propagandist Anwar al-Awlaki, noticed on December 17, 2008, that Nidal Hasan, who would become the Fort Hood shooter, sent al-Awlaki an e-mail asking about soldiers who kill fellow military personnel with the aim of "helping muslims fighting jihad."


    Related: Judge delays Fort Hood shooting hearing over Hasan's beard

    The San Diego agents decided against sending out a broadly disseminated message that would have alerted the system that a member of the US military was communicating with a known al-Qaida terrorist. The agents noticed that a summary of his military records said Hasan was a "Comm Officer," and they assumed it meant he was a communications officer and might have access to the system that would contain such an alert message. In fact, the abbreviation meant Hasan was a commissioned officer.

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    The report also says agents in the FBI's Washington field office failed to follow through more aggressively to the leads developed in San Diego. Part of the problem, the report said, was that the FBI received only glowing accounts from the Department of Defense about Hasan's career. Agents were never told that he was actually considered a poor performer who was often on probation.

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    18 comments

    Bet a lot of "the mistakes" by the FBI are fueled by the agency's political correctness component being crammed down all Federal agencies with the dealings of the minorities!! Wouldn't want to hurt anyone's feelings!!

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  • 19
    Jul
    2012
    2:55pm, EDT

    Napolitano: Feds check foreign students seeking pilot training

    By Pete Williams, NBC News

    Homeland Security Secretary Janet Napolitano says the federal government has closed a gap and does review the backgrounds of foreign students who seek to take pilot training at U.S. flight schools.


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    She added that an American citizen on the no-fly list would not be able to take flight training, contrary to what an administration official said at a Congressional hearing on Wednesday.

    Responding to a GAO report out Wednesday that said some number, which was not revealed, of foreign students don't receive background checks, Napolitano told the House Homeland Security committee Thursday that the GAO report was not up to date.


    "In 2010, we took steps to be sure all foreign students are vetted. We've been doing it for two years."

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    She said GAO faulted Homeland for having no written policy requiring the vetting all foreign students.  Napolitano said that memorandum is being drawn up now but added that the checks have been done even without having the policy in writing.

    As for Americans on the no-fly list, Napolitano said they would not be able to take flight training and that officials who testified Wednesday to the contrary "were not aware of all the other things that can occur" that would be prevent them from enrolling.  A Homeland Security official says other checks, that are classified, would stop someone on the no-fly list from being approved for flight training at a U.S. school.

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    34 comments

    It's interesting that Napolitano claims that all foreign students attending flights schools have been vetted for the last two years. That must be a bald-face lie since it was just announced yesterday that 25 foreign students who had either been in this country illegally or overstayed their visas, ha …

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    Explore related topics: featured, homeland-security, janet-napolitano, pete-williams, no-fly-list, foreign-students
  • 2
    May
    2012
    3:44pm, EDT

    Supreme Court cover up revealed

    By NBC's Pete Williams

    Oh, not that kind.

    Take a good look at the familiar front of the U.S. Supreme Court building in Washington, because it's about to go under wraps.

    Starting next week, workmen will begin putting up scaffolding along the entire West front of the building, the side that faces the U.S. Capitol, according to a court official. After the scaffolding is completed, a huge fabric covering will be stretched over the framework, concealing both the scaffolding and the building.

    Joshua Roberts / Reuters

    A dentil molding from the facade of the Supreme Court is damaged after a piece of the marble detail fell from the building in Washington, D.C., November 28, 2005. The marble chunk, above the allegorical figure representing "Order," fell about an hour before the court opened without causing any injuries.

    However, the fabric will be imprinted with an image of the court building, so it will be like looking at a huge sketch or photo, reminding passersby of the splendid building hidden beneath.

    The reason for this extensive work goes back to one morning in November 2005, when a chunk of marble about the size of a loaf of bread came loose from the building and crashed onto the steps below. No one was hurt. 

    The piece came from a section just above the figures carved into marble in the triangular pediment over the steps. A short time later, a wire mesh surrounding that area was installed as a temporary measure to prevent any further pieces from falling. But conservators decided the building needed more extensive work to avoid any similar disasters.

    During the roughly two years that the covering will be in place, mortar in the 80-year-old building will be examined and replaced, and carved elements on the marble facade will be strengthened as needed.

    47 comments

    We definatley need to get Obama out of office before he has a chance to appoint any more Justices. The scourge of Obama's time in office will be with us long enough as it is...

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    Explore related topics: featured, supreme-court, first-read, pete-williams
  • 20
    Mar
    2012
    7:10pm, EDT

    Minimum age on life sentences for murder? Supreme Court justices debate

    The Supreme Court has taken up the controversial issue of life in prison for juvenile offenders. NBC's Pete Williams reports.

    By NBC News

    WASHINGTON -- The Supreme Court heard oral arguments Tuesday on whether sentences of life without parole given to two 14-year-olds convicted of murder were too harsh considering their age. The justices seemed concerned about where to draw the line.


    Follow @msnbc_us

    “Is there a minimum age?” asked Justice Stephen Breyer. “Is it 10? Is it 8?"


    Justice Antonin Scalia suggested it be left to the states – which is what Alabama is arguing in this case.

    See the video report by NBC News Justice Correspondent Pete Williams, above, for more. 

    14 years old: Too young for life in prison?

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    3 comments

    I do think 14 is to young to be given life, I think 18 is to young to be given life without parol. Neither brain is full developed and is very primative from what research says. 20 years in a true rehabilitation facility yes but not life with no chance at redemtion.

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    Explore related topics: supreme-court, pete-williams, life-sentence, young-murderers
  • 5
    Mar
    2012
    3:58pm, EST

    1,306 guns found by TSA agents at U.S. airports in 2011

    Transportation Security Administration head  John Pistole spoke at the National Press Club on airport screeners increasing focus on high risk passengers.

    By Pete Williams, NBC News

    Airport screeners found 1,306 guns in carry-on bags last year, and passengers continue to try sneaking prohibited items onboard, hiding them in their shoes or using hollowed-out books.

    John Pistole, the man in charge of the Transportation Security Administration, said the full-body scanners are catching much of the contraband.  That includes ceramic knives, which don't show up on the metal detectors and, remarkably, "exotic pets strapped to a passenger's legs."

    In nearly all these cases, he told the National Press Club on Monday, the passengers don't plan to use the weapons onboard the plane. "Very few have malicious intent," he said.

    Here are just a few items discovered at New York-area airports so far this year:

    Courtesy TSA

    A passenger bound for Antigua was stopped at a Newark Liberty International Airport checkpoint on Feb. 10 after TSA officers discovered a spear gun and utility knife in his carry-on, "Just to be clear, passengers should not attempt to bring a spear gun as a carry on item. The same rule holds for utility knifes," said TSA Spokesman Kawika Riley.

    Courtesy TSA

    A man was arrested at LaGuardia International Airport on Feb. 3 after TSA officers discovered that he had a baton with an 18-inch, double-edged dagger concealed inside that he was planning to bring onto the aircraft.

    This weapon confiscated at Westchester County's White Plains Airport on Jan. 16 was determined to be a BB gun.

    Courtesy TSA

    A TSA officer spotted these two hand grenades inside a passenger's carry-on bag March 2 at Newark-Liberty International Airport. As it turns out, the grenades were determined to be inert replicas altered to be used as gearshift knobs on a car.

    Courtesy TSA

    This "gun" spotted in the X-ray machine at LaGuardia International Airport on Feb. 22 was actually a flashlight/lighter designed in the shape of a firearm.

    Courtesy TSA

    A TSA officer spotted what appeared to be a grenade in a passenger's carry-on bag at JFK International Aiprort on Feb. 23, but it turns out it was just a bottle of cologne. "You know what, it may have been cologne, but having something like that in your carry-on just stinks!" said TSA spokeswoman Lisa Farbstein.

    Pistole said the TSA plans to continue expanding its Pre-Check program, which allows passengers who submit information about themselves in advance to get faster airport screening. They usually won't have to take off their shoes, for example, or remove laptop computers and liquids from carry-on bags. The program is underway at nine airports now, and TSA hopes to expand it to 45 by the end of the year.

    TSA will soon begin allowing active duty military personnel who carry valid ID cards to get the same expedited treatment, beginning with departures at Reagan National Airport outside Washington, D.C.

    Pistole was asked today whether he has ever been patted down. "Oh, yes," he said. "I go through regular screening several times."

    The most notable event, he said, came overseas during a recent trip.

    "I was transiting through a well-known western European hub. I went through the walk-in metal detector. I knew I had no metal on me, but the alarm went off."

    "I received a thorough pat-down. I complimented the security officer on the thoroughness of his pat-down. It made me stand up straight," he said. 

    More on Overhead Bin
    • TSA apologizes to 'humiliated' mom for breast-pump gaffe
    • Confessions of a flight attendant
    • 'Welcome Home a Hero' program ending at Dallas airport

    243 comments

    This article is nothing more than spin control for the breast pump gaffe.....

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    Explore related topics: featured, tsa, pete-williams
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