Tag Archives: atf

SYNDICATED COLUMN: Still Trust Them? Now the Government Is Tracking You So It Can Steal Your Car

According to federal government documents released under the Freedom of Information Act, federal and local law enforcement agencies are using incredibly sneaky technology to track you as you drive the nation’s streets and highways. Their goal? Stealing your car.

This latest scandal — a mash-up of privacy violations on a wide NSA-like scale, corrupt asset forfeiture programs that make a mockery of the U.S. as a nation that respects private property rights, and brazen targeting of lawful gun owners — is a perfect political storm, an outrage that ought to bring liberals, libertarians and conservatives together in an alliance of freedom-loving people against an out-of-control government.

Given the collective shrug elicited by the Edward Snowden revelations, however, expecting a big reaction may be unrealistic.

In the shell of a nut: the ACLU has learned that the DEA and local police departments are scanning every motorist’s license plate as they drive down American streets. The NYPD and LAPD have each already collected hundreds of millions of time- and place-tagged license plate scans. One private security corporation sells its composite list of 2 billion scans to any police department or government agency that wants it. The Department of Homeland Security is teaming up with Immigration and Customs Enforcement to build and maintain a national database of license plate data to be shared with other parts of the U.S. security state apparatus.

Aggregated and analyzed, license plate tracking data forms a sophisticated model of your, and my, and everyone else’s habits, associations, shopping habits, friendships, and other activities. If you visit a porn store, they know — and their algorithms can predict when you’ll go again. But blackmail is not what’s on the cops’ minds…not for now, anyway.

They want your cash.

“Asset forfeiture” programs have become big business for law enforcement. Relying on dubious interpretations of the Constitution’s prohibition against unreasonable search and seizure, American police agencies are taking in billions of dollars a year from people they arrest. “Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing,” according to The Washington Post.

Total take: $5.3 billion.

If you think they’re confiscating the mounds of coke and machine guns they find in a drug kingpin’s trunk, think again. Pulled over for DUI? They take your car, sell it at auction and pocket the proceeds, or keep it for the cops’ own use. That’s on top of whatever jail time and fine the judge hands you if you get convicted.

Even if you’re found not guilty, they keep your car. And/or your cash. And/or jewelry. Anything valuable. Anything they want.

“No criminal charges are necessary for such seizures, and under federal and state laws, authorities may keep most or all seized assets even in the absence of formal charges. Countless innocent Americans have been victimized by what critics call legalized government theft,” according to The Wall Street Journal. “Police have made cash seizures worth almost $2.5 billion from motorists and others without search warrants or indictments since the terrorist attacks of Sept. 11, 2001,” says the Post. “Police spent the seizure proceeds with little oversight, in some cases buying luxury cars, high-powered weapons and military-grade gear such as armored cars.”

            Talk about un-American: these renegade robber-cops are traitors.

Police have been so pleased with the money and other goodies they nab through asset forfeiture programs that they send officers to seminars that teach them how to maximize their take. Some victims have complained, and successfully proven in court, that they were targeted and entrapped by police whose motivation to detain and arrest them was solely to steal their possessions — but it’s expensive and time-consuming.

Among the money-making schemes cooked up by greedy cops was a 2009 plan by the DEA to “work closely” with officials of the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) “in attacking the guns going to [redacted by government censors] and the gun shows, to include programs/operation with LPRs [license plate readers] at the gun shows.”

But the DEA and ATF didn’t care about gun violence. “One internal email acknowledged that the tracking program’s primary purpose is civil asset forfeiture,” the Journal reports. They planned to set-up checkpoints around gun shows, search attendees’ cars using the pretext of a traffic stop, and arrest drivers on whatever charge they can come up with — some legit, others ginned up, in some cases no indictment at all — as an excuse to take their money and their cars. Which, even if they beat the rap, the cops get to keep.

Note to self: carry $5 in cash, use a debit card.

The UK Guardian reports: “According to DEA documents, the primary goal of the program was to seize cars, cash and other assets belonging to criminals. However, the [license plate reader] database’s expansion ‘throughout the United States,’ as one email put it, also widened law enforcers’ capacity for asset forfeiture.”

“It’s deeply concerning and creepy,” lawyer Clark Neily of the libertarian Institute for Justice told the newspaper. “We’re Americans. We drive a lot.”

It is also disgusting, cause for the immediate firing of every “law enforcement” official who has overseen an asset forfeiture program, and a perfect illustration of why only an idiot would trust the government.

(Ted Rall, syndicated writer and cartoonist for The Los Angeles Times, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM

 

SYNDICATED COLUMN: Executive Privilege: Another Presidential Lie

Why George III Would Be Jealous of Obama

The Phoenix bureau of the Bureau of Alcohol, Tobacco, Firearms and Explosives sold over 2,000 guns to operatives they believed to be working for Mexican drug cartels between 2006 and 2010. According to the ATF, “Operation Fast and Furious” was an attempt to track the weapons to higher level criminals.

Things went south—literally—when ATF guns began turning up at crime scenes, including the murder of a U.S. Border Patrol agent. Now, as part of its investigation, the GOP-led House Oversight and Government Reform Committee is demanding that the Obama Administration turn over documents relevant to the botched ATF operation.

President Obama has refused, invoking “executive privilege.”

I put “executive privilege” in quotes because, like terms such as “enemy combatant,” it does not appear in law. Presidents of both parties—indeed, presidents of parties that no longer exist, all the way back to 1796—have asserted that the constitutional separation of powers grants the executive branch an “inherent” right to ignore subpoenas issued by Congress or the judiciary.

The standard argument is that compliance would reveal the internal deliberations of the President, his Cabinet officers and other government officials who require the presumption of privacy in order to engage in internal debates and deliberations.

This is Obama’s first use of “executive privilege,” but both by historical and current legal standards it is radically overreaching. The closest we have to a definitive word on executive privilege dates to the Watergate scandal, when the U.S. Supreme Court ruled against Richard Nixon’s attempt to stonewall Congress. As long as a prosecutor could argue that the relevant documents were essential to the justice of a case, and did not compromise national security, Chief Justice Warren Burger said, the president would have to fork over the documents.

Operation Fast and Furious, a law enforcement matter, doesn’t qualify under the Burger ruling. It’s hard to imagine making a credible case that national security would be compromised if the details were made public. Since run-of-the-mill ATF memos would be covered, the usual top-level internal deliberations justification doesn’t apply either: “Obama’s claim broadly covers administration documents about the program called Operation Fast and Furious, not just those prepared for the president,” reports Larry Margasak of the Associated Press.

Once again Obama is following precedent established by George W. Bush, whose legal advisors seem to have missed the class about how Americans decided not to be ruled by a King. Bush, who promoted another legal fiction, a “unitary executive” branch, invoked “executive privilege” six times, such as when refusing to release the minutes of Dick Cheney’s meetings with corporate energy executives, Karl Rove’s refusal to testify in the politically-orchestrated firings of federal prosecutors, and in the cover-up of the “friendly fire” shooting of former football player Pat Tillman in Afghanistan.

We’ve come a long way since 1796. Because the Constitution grants the Senate (but not the House) the right to ratify treaties, George Washington refused to turn over notes about the negotiations of the Jay Treaty with Great Britain to the House, claiming “executive privilege.” But he did give them to the Senate. And the Supreme Court overruled Thomas Jefferson’s 1807 claim that providing his private correspondence to Aaron Burr’s defense in his treason trial would imperil national security.

In case after case, the whole idea of executive privilege has been made up, used by both parties to protect secrets and cover up malfeasance, yet has little to no constitutional basis. But it’s hardly the only example of how the Constitution is routinely ignored. The most glaring, of course, is the way presidents have stolen the exclusive right to declare war from one wimpy Congress after another. By some measures the U.S. has fought hundreds of wars, yet only five have carried the legal standing of an official Congressional declaration of war.

Americans enjoy the presumption of innocence and the right to a fair and speedy trial, by a jury of their peers, under the Sixth and Seventh Amendments. Yet President Obama—building on a secret assassination program against so-called “terrorists” begun under Bush—asserts the right not only to deprive U.S. citizens of these rights, detaining them indefinitely and denying them a trial, but to assassinate them. According to The Washington Post, all they need to subvert more than two centuries of constitutional law is an internal memo: “The Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike [on September 30, 2011], according to administration officials,” reported The Post. “The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.”

We’re not even allowed to look at the text of the secret memo.

“Executive privilege.”

Too bad the Tea Party’s Constitutional purism is so inconsistent, focusing more on fighting the Democrats than protecting our freedoms. With no one to push back, we’re no longer a democracy. We’re Might Makes Right, not a nation of laws.

What’s worse, most Americans don’t care.

The United States is un-American.

(Ted Rall’s new book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt.” His website is tedrall.com. This column originally appeared at MSNBC.com)

(C) 2012 TED RALL, ALL RIGHTS RESERVED.