Sheriff Joe loves Mexicans???
Sheriff Joe loves Mexicans??? Yea, I bet Hitler would say he loves Jews if it would help him get elected.
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Arpaio tries mending rift with Latinos
By JJ Hensley The Republic | azcentral.com Fri Nov 9, 2012 11:34 PM
As it became apparent Tuesday that Sheriff Joe Arpaio was going to secure a sixth term in office, he was his usual brash self, taunting the media and promising to run again in four years.
Then, surprisingly, he did something he doesn’t often do. He made a peace offering to his most ardent critics. He said he hoped to repair relations with a Latino community angered by his hard-line policy of arresting undocumented immigrants, his frequent criticisms of Hispanic advocacy groups and allegations by the U.S. Justice Department that his agency engaged in racial profiling.
Can his attempt at diplomacy work?
Carlos Sierra, a Republican who helped organize a coalition that sought to register Hispanic voters and oust Arpaio, said the olive branch offered on Election Night was broken from the start.
“You remember exactly what he said: ‘As long as they don’t yell at me.’ If he’s trying to reach out, he already kind of insulted us by saying we only shout at him,” Sierra said. “I think the damage is done. I’m sure there are some people in the Hispanic community who might meet with him. He’s not bringing anything to the table for us. He’s already said he’s not going to change.”
Arpaio said the problem comes down to communication — and his inability to accurately get his message out. He believes local media are biased against him and are twisting his words.
In a wide-ranging post-election interview, Arpaio said the past two years have presented challenges that made his sixth general-election victory his most satisfying. And though the sheriff admitted making mistakes in recent years, mainly in his management choices, he does not think his approach to immigration enforcement is one of them.
Arpaio still believes that mass deportation of undocumented immigrants would work if the country’s leaders put their minds to it and that his rigid enforcement of state laws targeting identity theft and human smuggling is a reasonable solution.
If given the chance, Arpaio said, he also could explain past statements that seem to portray undocumented immigrants as dirty and disease-prone drains on society — words that could thwart his chances for reconciliation with the Hispanic community.
“That’s exactly why I want to talk to them,” he said. “I can explain the swine-flu furor that occurred in the media. That’s why I want to communicate, to let them know why we are doing things — not through the media and demonstrations.
“They may come up with an idea and say, ‘Wait a minute, maybe we can do this … maybe we can deal with the Mexican ambassador, Sheriff, if we have this medical problem. Maybe we can work through customs and everything else.’ Great. OK. Let’s do it.”
But he said their willingness to meet him “is not there.”
“The hatred with certain groups, it’s hard to negotiate,” Arpaio said.
There is a healthy amount of distrust on both sides.
The Rev. Warren Stewart co-founded the Black/Brown Coalition of Arizona with Maricopa County Supervisor Mary Rose Wilcox earlier this year. Stewart was also among a group of Black leaders who wrote a letter to Arpaio in December asking the sheriff to resign after a jail death dovetailed with the release of a Justice Department report saying the Sheriff’s Office was involved in some of the most egregious examples of racial profiling investigators had encountered.
Arpaio mocked and ignored the group’s request.
Stewart said that if Arpaio is serious about rebuilding relationships with his critics in minority communities, he could start by writing a letter to the Black/Brown Coalition with an offer to meet.
“His desire to reach out could be an answer to a prayer for reconciliation and for cooperation in Maricopa County as it relates to the immigration issue and to people of color,” Stewart said. “One of my Christian duties is to reach out to those who are opponents, those who could be labeled as enemies, to bring peace. Our goal is peace. It’s never been anti-Arpaio. It’s been anti-Arpaio because he’s disturbing the peace.”
The Rev. Oscar Tillman, president of the Maricopa County branch of the National Association for the Advancement of Colored People, joined Stewart last December on the steps of the federal courthouse in downtown Phoenix, where they called for Arpaio’s resignation.
Tillman, who for years has had a professional relationship with Arpaio and other sheriff’s administrators, said his decision to join was driven in part by Arpaio going out of town instead of tending to more pressing matters at home when an inmate died after a scuffle with officers in the Fourth Avenue Jail.
On Wednesday, Tillman called to congratulate Arpaio on winning re-election and to deliver a message: “You’ve got to deal with me for another four years,” Tillman said.
“There are people today congratulating (President Barack) Obama who hated him. When you deal with reality, you don’t have time to deal with secondary issues.
“If you want to make changes and create some type of cooperation, you cannot say that too much bad blood has been there. Let’s face it, if we said that to Japan or Germany, where would we be?”
Peace and reconciliation are words that politicians often use after elections. But beyond the ethical or moral desire to foster a more tranquil environment, there is some question as to whether Arpaio could secure a seventh term without votes from the Hispanic community.
With several hundred thousand votes remaining to be counted late this week, Arpaio maintained a lead of more than 80,000 votes over his Democratic challenger, Paul Penzone. While comfortable, that margin is a far cry from Arpaio’s 2008 defeat of Dan Saban, whom he bested by 172,000 votes.
When his declining margins come up, Arpaio is quick to produce typewritten notes on results of all six of his campaigns.
“I always hover around 52, 56 (percent),” Arpaio said. “What’s changed? This is a landslide.”
According to exit polls, the percentage of Hispanic voters in Arizona crept higher this year compared with the previous presidential election, rising to 18 percent from 16 percent, Tucson-based pollster Margaret Kenski said.
“Eighteen percent isn’t too staggering compared to the huge base of conservatives he has. Rather than the percent of Hispanics, I would look at the changing attitudes on immigration that have been found in the polls lately,” Kenski said. “To me, that’s more important than the percentage of Hispanics.
“That means it isn’t a fight between the Hispanics and the authorities. There are allies out there in the White community who think a hard line against all illegal aliens is not going to be a productive route to go.”
With that in mind, Kenski said, Hispanic leaders should look carefully at Arpaio’s offer to improve relations. If those leaders refuse to meet, it can make them appear intractable and alienate some in the community who might otherwise support them, she said.
“No matter how obnoxious he may have been, I think it’s a mistake for Latino leaders to say, ‘We’re not coming to the table,’” Kenski said. “It’s always better to talk. What’s their alternative? Wait for him to die?”
Sierra offered another option that might disappoint those hoping Arpaio’s victory and discussions of comprehensive federal immigration reform would bring a detente after years of political warfare.
“We’re not giving up,” Sierra said. “We’re still marching. No one wants to give up. I think if there is a possibility to recall him, I would be very surprised if we didn’t start working on that.”
Sierra noted that the campaign for sheriff had cost Arpaio most of the $8million he raised to run. “At the very least, we left him broke,” he said.
Sheriff Joe's "drug war" goons will soon have machine guns?
According to this article Sheriff Joe's goons who are involved in the drug war will soon be issued "automatic weapons" or machine guns.
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Suspected illegal immigrants arrested in pot bust
The Republic | azcentral Sat Nov 10, 2012 4:43 PM
Maricopa County Sheriff’s Office reported Saturday the arrest of three undocumented immigrants, who authorities allege were transporting 3,500 pounds of marijuana in a vehicle.
Sheriff Joe Arpaio said the increasing number of drug smugglers and the danger they pose to his deputies has prompted him “to issue automatic weapons in the near future to all my deputies, including those detectives who work in the higher drug traffic areas like the desert in the near future.”
Deputies estimated the latest seizure of marijuana to be worth $2 million.
The sheriff’s office did not say in its press release when or where the traffic stop and arrests were made.
Deputies arrested Melchicedec Nini-Cabrera, 41, Eucario Salano-Nino, 49, and Jesus Ismael-Birgen, 30, all from Mexico.
All three were booked into Fourth Avenue Jail, facing felony charges of possession and transportation of marijuana, officials said.
The arrests resulted after a week of investigating by the Sheriff’s Office Drug Suppression Task Force.
E-mail: Horne allies weighed tracking rival donors
Tom Horne is beginning to sound like a Sheriff Joe clone.
Kind of like Andrew Thomas or Paul Babeu.
Wow he considers government employees who donated to his opponent Felecia Rotellini,
enemies and is using tax dollars to track them.
And remember Tom Horne is the jerk who asked Jan Brewer to flush Prop 203 down the toilet so he could continue sending pot smokers to prison.
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E-mail: Horne allies weighed tracking rival donors
By Yvonne Wingett Sanchez The Republic | azcentral.com Wed Nov 14, 2012 9:43 PM
Shortly after Arizona Attorney General Tom Horne was elected to office, campaign volunteers who later became his employees discussed tracking state employees who contributed to his Democratic opponent, new records say.
On Nov. 22, 2010, Charles “Chuck” Johnson, now an assistant attorney general, e-mailed Horne confidante Carmen Chenal and three other women about creating a spreadsheet of employees who donated to Felecia Rotellini’s campaign.
The document was contained in a new batch of investigative records the Maricopa County Attorney’s Office released Wednesday to The Arizona Republic.
The records stem from the agency’s joint investigation with the FBI into allegations that Horne illegally coordinated with an independent expenditure committee run by his political ally and current employee Kathleen Winn during the 2010 election.
Each has denied wrongdoing.
Separately, Horne has disputed statements his former human-resources adviser Susan Schmaltz made to the FBI that Horne was preoccupied with the political loyalties of his employees.
Schmaltz told investigators that Horne kept lists of employees’ political affiliations and campaign contributions to Rotellini and that he directed staff to hire some supporters.
But Johnson’s e-mail suggests some of those closest to Horne were intent on tracking employees’ political affiliations. Horne was not copied on the e-mail.
The e-mail reads:
“Can you do a spread sheet of each State employee who contributed to Felecia’s campaign? I can do it manually (either cut & paste or original typing), but just wondered if you could do it electronically, faster, more detailed, & more reliable. By date, amount (in kind or dollars), name & position would be helpful.
“This is very confidential stuff. We don’t want anyone to get the misimpression that such contributions will get a person fired, but it is just one management tool to be utilized in determining who may have divided loyalties in light of Felecia’s announcement that she’ll be running against Tom in 2014 & actively campaigning for something/someone in 2012.”
It is unclear whether the spreadsheet was ever created and, if it was, by whom. In a statement, Horne said he never “possessed any list of employee party affiliation.” He stated that employees did not face retaliation because of their contributions to Rotellini and that “many” employees who supported her have been promoted, adding that names of campaign contributors are public record.
Johnson worked for former Attorney General Terry Goddard but was fired for reasons not disclosed to the public. Johnson helped Horne in his effort to become attorney general, and Horne hired him. Copied on the e-mail were Chenal; Linnea Heap, the attorney-general employee whose car Horne was driving during a March 27 fender bender; Special Agent Lauren Buhrow; and project specialist Mila Makal.
The other records released Wednesday largely focused on personal e-mails to and from campaign workers regarding the 2010 election, as well as opposition research against Rotellini.
That research could again come into play.
Both Rotellini and Horne last week told The Republic that they are considering running for attorney general in 2014.
But they may have competition from Goddard, who confirmed to The Republic on Wednesday that he, too, is considering a potential return to the state prosecutor’s office.
Border Patrol under scrutiny for deadly force
Killing a 16 year old boy to prevent a few pounds of marijuana from being smuggled into the USA is insane!!!!!
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Border Patrol under scrutiny for deadly force
Associated Press Wed Nov 14, 2012 7:39 PM
NOGALES, Ariz. — A pair of Mexican drug smugglers in camouflage pants, bundles of marijuana strapped to their backs, scaled a 25 foot-high fence in the middle of the night, slipped quietly into the United States and dashed into the darkness.
U.S. Border Patrol agents and local police gave chase on foot — from bushes to behind homes, then back to the fence.
The conflict escalated. Authorities say they were being pelted with rocks. An agent responded by aiming a gun into Mexico and firing multiple shots at the assailant, killing a 16-year-old boy whose family says was just in the wrong place at the wrong time.
The Oct. 10 shooting has prompted renewed outcry over the Border Patrol’s use-of-force policies and angered human rights activists and Mexican officials who believe the incident has become part of a disturbing trend along the border — gunning down rock-throwers rather than using non-lethal weapons.
The Department of Homeland Security Office of Inspector General has launched a probe of the agency’s policies, the first such broad look at the tactics of an organization with 18,500 agents deployed to the Southwest region alone. The Mexican government has pleaded with the U.S. to change its ways. And the U.N. High Commissioner for Human Rights has questioned the excessive use of force by Border Patrol.
At least 16 people have been killed by agents along the Mexico border since 2010, eight in cases where federal authorities said they were being attacked with rocks, said Vicki Gaubeca, director of the ACLU’s Regional Center for Border Rights in Las Cruces, N.M.
The Border Patrol says sometimes lethal force is necessary: Its agents were assaulted with rocks 249 times in the 2012 fiscal year, causing injuries ranging from minor abrasions to major head contusions.
It is a common occurrence along the border for rocks to be thrown from Mexico at agents in the U.S. by people trying to distract them from making arrests or merely to harass them — particularly in areas that are heavily trafficked by drug smugglers and illegal immigrants.
Still, Gaubeca balks at what she and others deem the unequal “use of force to use a bullet against a rock.”
“There has not been a single death of a Border Patrol agent caused by a rock,” she said. “Why aren’t they doing something to protect their agents, like giving them helmets and shields?”
The Border Patrol has declined to discuss its use of lethal force policy, but notes agents may protect themselves and their colleagues when their lives are threatened, and rocks are considered deadly weapons.
Kent Lundgren, chairman of the National Association of Former Border Patrol Officers, recalled a time in the 1970s when he was hit in the head while patrolling the border near El Paso, Texas.
“It put me on my knees,” Lundgren said. “Had that rock caught me in the temple, it would have been lethal, I have no doubt.”
It is extremely rare for U.S. border authorities to face criminal charges for deaths or injuries to migrants. In April, federal prosecutors said there was insufficient evidence to pursue charges against a Border Patrol agent in the 2010 shooting death of a 15-year-old Mexican in Texas.
In 2008, a case was dismissed against a Border Patrol agent facing a murder charge after two mistrials. Witnesses testified the agent shot a man without provocation but defense attorneys contended the Mexican migrant tried to hit the agent with a rock.
Mexican families have filed multiple wrongful death lawsuits, and the U.S. government, while admitting no wrongdoing, has paid out hundreds of thousands of dollars. Last year, the family of the illegal immigrant killed by the agent whose murder case was dismissed reached an $850,000 settlement. The agent remains employed by Border Patrol.
Even the Mexican government has asked for a change in policy, to no avail, though Border Patrol points out that Mexico has put up no barriers in its country and does little to stop the rock throwers.
“We have insisted to the United States government by multiple channels and at all levels that it is indispensable they revise and adjust Border Patrol’s standard operating procedures,” Mexico’s Foreign Ministry said in a written statement.
Elsewhere around the world, lethal force is often a last resort in such cases. Israeli police, for instance, typically use rubber bullets, water cannons and tear gas to disperse rock-throwers.
“There is no such crowd incident that will occur where the Israeli police will use live fire unless it’s a critical situation where warning shots have to be fired in the air,” said Israeli police spokesman Micky Rosenfeld.
Border Patrol agents since 2002 have been provided weapons that can launch pepper-spray projectiles up to 250 feet away. The agency did not provide statistics on how many times they have been used, but officials are quick to note agents along the U.S.-Mexico border operate in vastly different scenarios than authorities in other countries.
They often patrol wide swaths of desert alone — unlike protest situations elsewhere where authorities gather en masse clad in riot gear.
Experts say there’s little that can be done to stop the violence, given the delicacies of the diplomacy and the fact that no international law specifically covers such instances.
“Ultimately, the politics of the wider U.S.-Mexico relationship are going to play a much bigger role than the law,” said Kal Raustiala, professor of law and director of the Burkle Center for International Relations at UCLA. “The interests are just too high on both sides to let outrage from Mexico, which is totally understandable, determine the outcome here.”
Officials at the Border Patrol’s training academy in Artesia, N.M., refused comment on all questions about rock-throwing and use of force.
At the sprawling 220-acre desert compound, prospective agents spend at least 59 days at the academy, learning everything from immigration law to off-road driving, defense tactics and marksmanship.
“We’re going to teach them … the mechanics of the weapon that they’re going to use, the weapons systems, make them good marksmen, put them in scenarios where they have to make that judgment, shoot or not shoot,” said the training academy’s Assistant Chief Patrol Agent James Cox.
In the latest scenario, the two smugglers were attempting to climb the fence back into Mexico, while Border Patrol agents and Nogales Police Department officers ordered them down.
“Don’t worry, they can’t hurt us up here!” one suspect yelled to the other. Then came the rocks.
The police officers took cover, but a Border Patrol agent opened fire through the fence on Jose Antonio Elena Rodriguez, who was shot at least seven times, according to Mexican authorities. A Mexican official with direct knowledge of the investigation said the teenager was shot in the back. The person spoke on condition of anonymity because they were not authorized to discuss details of the case.
The Border Patrol has revealed little information as probes unfold on both sides of the fence that separates Nogales, Ariz., from Nogales, Sonora. The FBI is investigating, as is standard with all Border Patrol shootings, and the agency won’t comment “out of respect for the investigative process,” said U.S. Customs and Border Protection spokesman Michael Friel.
Marco Gonzalez lives in Nogales, Ariz., just across the road from the border fence. He called police to report seeing suspicious men in dark clothes running through his neighborhood.
He didn’t see the shooting, but he heard the gunshots. His kids thought they were fireworks.
“It affects me a lot,” Gonzalez said in Spanish. “Nothing like this has happened since I’ve lived here. It causes a lot of fear.”
The teen’s mother claims her son was just walking past the area a few blocks from home and got caught in the crossfire. None of the training, political maneuvering or diplomatic tip-toeing matters to her. She just wants her boy back. She just wants answers.
“Put yourself in my place,” Araceli Rodriguez told the Nogales International. “A child is what you most love in life. It’s what you get up in the morning for, what you work for. They took away a piece of my heart.”
———
Associated Press writer Brady McCombs contributed to this report from Phoenix. Josef Federman contributed from Israel.
Groups: Pinal jail bad for immigrants
Sheriff Paul Babeu of Pinal County seems to want to beat Sheriff Joe at being the worst sheriff in the world. From this article he sounds like he is doing a great job of being a government tyrant.
Just so that alleged Libertarian Mike Renzulli won't accusing me of being a pig lover, I think Paul Babeu is just as much of a jerk as Sheriff Joe.
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Groups: Pinal jail bad for immigrants
By Bob Ortega The Republic | azcentral.com Thu Nov 15, 2012 10:12 PM
A national coalition of advocacy groups has named the Pinal County Jail one of the country’s 10 worst immigration-detention facilities and is asking the Obama administration to direct Immigrations and Customs Enforcement to stop contracting with the jail.
The Detention Watch Network wants ICE to end contracts with 10 facilities around the country, all run by private-prison operators or county jails, “where conditions are so appalling they’ve reached a tipping point,” said Andrea Black, executive director of the network.
In a report issued Thursday, the network echoed criticisms leveled earlier this year by the American Civil Liberties Union, which in June threatened to sue ICE and the Department of Homeland Security over conditions at the Pinal County Jail. More generally, both groups seek broader reform of detention practices.
“The federal government said three years ago that the use of jail-like facilities is punitive and not appropriate for people who are just being held for civil rather than criminal proceedings,” said Victoria Lopez, director of ACLU of Arizona, adding that reforms of the immigration-detention system promised by the Department of Homeland Security in 2009 have not materialized.
ICE contracts for 625 of the 1,540 beds at the Pinal County Jail. Among the specific issues raised by the ACLU and Detention Watch:
Jails are meant for short-term detention, but some immigrants have been held at the Pinal County Jail for as long as three years.
Detainees don’t have meaningful access to the outdoors, as required by law, but are limited to exercising in rooms with four high walls and a single mesh window.
Detainees complain of poor sanitation and hygiene, including receiving food on dirty trays, finding worms in food, finding bugs and worms in faucets, receiving dirty laundry and being overcrowded with as many as 10 other men in one cell and only one toilet.
Immigrants at the jail complain that medical-care requests are often denied or delayed arbitrarily, and that mentally-ill detainees routinely are placed in segregation, leading to deterioration of their mental states.
Contact visits aren’t allowed at the jail. Visiting family members sit in front of a video screen in a central area, while the detainee sits in a separate video booth outside the cell block. Detainees also complain of exorbitant charges for phone calls, saying they may pay $10 for a three-minute call.
Detainees also complain of punitive and abusive treatment. Detention Watch cited “punitive tactics like placing them on lockdown, searching cells and issuing disciplinary write-ups for minor issues such as not making a bed, not moving quickly enough, or saving a piece of fruit from their meal … at times result in placement in segregation and/or the loss of the few privileges given, such as access to purchase items at the commissary.”
ICE responded to questions from The Arizona Republic with a written statement that it is reviewing the Detention Watch reports and has offered to meet with the authors. ICE said that “it is disappointing that the reports appear to be built primarily on anonymous allegations that cannot be investigated or substantiated, and many second-hand sources and anecdotes that pre-date the agency’s initiation of detention reform.” The statement also said that ICE is working to improve conditions and oversight, and to make it easier for detainees to report problems.
In an Oct.12 letter from ICE to the ACLU, the agency said it was considering transfers for 21 detainees who had been at the jail for more than six months, that it would grant some contact visits on a case-by-case visit at another nearby facility and that ICE had negotiated a new contract in which detainees would pay $7.50 for a 20-minute out-of-state call.
But Gary Mead, ICE executive associate director, said the agency was unaware of many of the detainee complaints raised by the ACLU.
Azadeh Shahshahani, director of the ACLU’s National Security/Immigrants’ Rights Project, said that detainees fear retaliation if they complain about jail conditions. Detention Watch cited allegations that Pinal County Jail guards threatened to issue disciplinary write-ups and report those to the immigration courts if detainees filed complaints.
The Pinal County Sheriff’s Office didn’t respond directly to questions about the ACLU and Detention Watch’s allegations, or whether it had taken steps to address them. In a written response, spokesman Tim Gaffney said that media are allowed to visit the facility, that staff are well-trained and that “we provide a very clean and safe environment for all who are detained in our facility.”
Gaffney pointed out that the jail received accreditation in the National Sheriffs’ Association’s Jail Accreditation Pilot Program in 2011. The program evaluates jails’ compliance to 594 legal-based guidelines. The association serves sheriffs’ offices through education, training and law-enforcement resources.
Rep. Jared Polis, D-Colo., one of 30 members of Congress who has requested a General Accounting Office investigation of conditions at immigration detention centers, said, “We do need to address the immigration detention system within the context of immigration reform, but we shouldn’t wait to remedy problems that we know are occurring in these centers. At a time of enormous budget deficits, it doesn’t make sense for taxpayers to be on hook for $120 a night to put people up in these detention facilities.”
The other nine jails and prisons targeted by Detention Watch Network are: Etowah County Detention Center, Ala.; Houston Processing Center, Texas; Polk County Detention Facility, Texas; Stewart Detention Center, Ga.; Irwin County Jail, Ga; Hudson County Jail, N.J.; Theo Lacy Detention Center, Calif.; Tri-County Detention Center, Ill., and Baker County Jail, Fla.
FBI investigation reveals bureau’s comprehensive access to electronic communications
The police that are spying on you probably read this email before you did!!!!
I suspect a number of FBI agents have read this email before you did.
Or if your reading it on the web page, a FBI agent probably read it just after I posted it.
Remember if you are doing something illegal you certainly should not be talking
about it in an email or posting it on the internet where federal, state, county,
and local city cops watch our every move.
You can encrypt your emails with something like PGP,
but I suspect if you piss the Feds off enough they are willing
to spend big bucks to get the folks at the NSA to decrypt your messages.
And last but not least your telephone isn't that safe either.
The police routinely illegally listen to our phone calls without the required "search warrants".
Remember any time you use a cell phone you are also using a radio transmitter and EVERYTHING you say is broadcast onto the airwaves for anybody to listen to.
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FBI investigation of Broadwell reveals bureau’s comprehensive access to electronic communications
By Greg Miller and Ellen Nakashima, Published: November 17
The FBI started its case in June with a collection of five e-mails, a few hundred kilobytes of data at most.
By the time the probe exploded into public view earlier this month, the FBI was sitting on a mountain of data containing the private communications — and intimate secrets — of a CIA director and a U.S. war commander. What the bureau didn’t have — and apparently still doesn’t — is evidence of a crime.
How that happened and what it means for privacy and national security are questions that have induced shudders in Washington and a queasy new understanding of the FBI’s comprehensive access to the digital trails left by even top officials.
FBI and Justice Department officials have vigorously defended their handling of the case. “What we did was conduct the investigation the way we normally conduct a criminal investigation,” Attorney General Eric H. Holder Jr. said Thursday. “We follow the facts.”
But in this case, the trail cut across a seemingly vast territory with no clear indication of the boundaries, if any, that the FBI imposed on itself. The thrust of the investigation changed direction repeatedly and expanded dramatically in scope.
A criminal inquiry into e-mail harassment morphed into a national security probe of whether CIA Director David H. Petraeus and the secrets he guarded were at risk. After uncovering an extramarital affair, investigators shifted to the question of whether Petraeus was guilty of a security breach.
When none of those paths bore results, investigators settled on the single target they are scrutinizing now: Paula Broadwell, the retired general’s biographer and mistress, and what she was doing with a cache of classified but apparently inconsequential files.
On Capitol Hill, the case has drawn references to the era of J. Edgar Hoover, the founding director of the FBI, who was notorious for digging up dirt on Washington’s elite long before the invention of e-mail and the Internet.
“The expansive data that is available electronically now means that when you’re looking for one thing, the chances of finding a whole host of other things is exponentially greater,” said Rep. Adam B. Schiff (D-Calif.), a member of the House intelligence committee and a former federal prosecutor.
In this case, Schiff said, the probe may have caused more harm than it uncovered. “It’s very possible that the most significant damage done to national security was the loss of General Petraeus himself,” Schiff said.
Not the usual boundaries
The investigation’s profile has called attention to what legal and privacy experts say are the difficulties of applying constraints meant for gathering physical evidence to online detective work.
Law enforcement officers conducting a legal search have always been able to pursue evidence of other crimes sitting in “plain view.” Investigators with a warrant to search a house for drugs can seize evidence of another crime, such as bombmaking. But the warrant does not allow them to barge into the house next door.
But what are the comparable boundaries online? Does a warrant to search an e-mail account expose the communications of anyone who exchanged messages with the target?
Similarly, FBI agents monitoring wiretaps have always been obligated to put down their headphones when the conversation is clearly not about a criminal enterprise.
It’s known as minimization, a process followed by intelligence and law enforcement agencies to protect the privacy of innocent people.
“It’s harder to do with e-mails, because unlike a phone, you can’t just turn it off once you figure out the conversation didn’t relate to what you’re investigating,” said Michael DuBose, a former chief of the Justice Department’s Computer Crime and Intellectual Property Section who now handles cyber-investigations for Kroll Advisory Solutions.
Some federal prosecutors have sought to establish a “wall” whereby one set of agents conducts a first review of material, disclosing to the investigating agents only what is relevant. But Michael Sussmann, a former federal prosecutor who consults on electronic surveillance issues, said he thinks “that’s the exception rather than the rule.”
It’s unclear whether the FBI made any attempt to minimize its intrusion into the e-mails exchanged by Broadwell and Petraeus, both of whom are married, that provided a gaping view into their adulterous relationship.
Many details surrounding the case remain unclear. The FBI declined to respond to a list of questions submitted by The Washington Post on its handling of personal information in the course of the Petraeus investigation. The bureau also declined to discuss even the broad guidelines for safeguarding the privacy of ordinary citizens whose e-mails might surface in similarly inadvertent fashion.
The scope of the issue is considerable, because the exploding use of e-mail has created a new and potent investigative resource for the FBI and other law enforcement agencies. Law enforcement demands for e-mail and other electronic communications from providers such as Google, Comcast and Yahoo are so routine that the companies employ teams of analysts to sort through thousands of requests a month. Very few are turned down.
Wide access to accounts
Although the Petraeus-Broadwell investigation ensnared high-ranking officials and had potential national security implications, the way the FBI assembled evidence in the case was not extraordinary, according to several experts.
The probe was triggered when a Florida socialite with ties to Petraeus and Gen. John R. Allen, the U.S. military commander in Afghanistan, went to the FBI in June with menacing e-mails from an anonymous sender.
Schiff and others have questioned why the FBI even initiated the case. Law enforcement officials have explained that they were concerned because the earliest e-mails indicated that the sender had access to details of the personal schedules of Petraeus and Allen.
The FBI’s first pile of data came from Jill Kelley, who got to know Petraeus and Allen when she worked as an unofficial social liaison at the military base in Tampa where both men were assigned.
In early summer, Kelley received several anonymous e-mails warning her to stay away from Allen and Petraeus. Kelley was alarmed and turned over her computer to the FBI; she may also have allowed access to her e-mail accounts.
The e-mails were eventually traced to Broadwell, who thought that Kelley was a threat to her relationship with Petraeus, law enforcement officials said. But the trail to Broadwell was convoluted.
Broadwell reportedly tried to cover her tracks by using as many as four anonymous e-mail accounts and sending the messages from computers in business centers at hotels where she was staying while on a nationwide tour promoting her biography of Petraeus. According to some accounts, the FBI traced the e-mails to those hotels, then examined registries for names of guests who were checked in at the time.
The recent sex scandal that's rocked the armed forces and the CIA has highlighted an often-unseen problem in military families: Marital infidelity. Anthony Mason and Rebecca Jarvis speak with two Army wives to understand if infidelity is the military's dirty little secret.
Once Broadwell was identified, FBI agents would have gone to Internet service providers with warrants for access to her accounts. Experts said companies typically comply by sending discs that contain a sender’s entire collection of accounts, enabling the FBI to search the inbox, draft messages and even deleted correspondence not yet fully erased.
“You’re asking them for e-mails relevant to the investigation, but as a practical matter, they let you look at everything,” said a former federal prosecutor who, like many interviewed for this article, spoke on the condition on anonymity because the FBI inquiry is continuing.
FBI agents can then roam through every corner of the account as if it were their own.
The capability to scour e-mail accounts has expanded the bureau’s investigative power dramatically, even in crimes previously seen as difficult to prosecute. For example, officials said, the ability to reconstruct communications between reporters and their sources helps explain why the Obama administration has been able to bring more leak prosecutions than all of its predecessors combined.
E-mail searches vary in scope and technique, from scanning contents for key words “to literally going through and opening every file and looking at what it says,” a former Justice Department official said.
Law enforcement officials said the FBI never sought access to Allen’s computer or accounts. It’s unclear whether it did so with Petraeus. But through Kelley and Broadwell, the bureau had amassed an enormous amount of data on the two men — including sexually explicit e-mails between Petraeus and Broadwell and questionable communications between Allen and Kelley.
Petraeus and Broadwell had tried to conceal their communications by typing drafts of messages, hitting “save” but not “send,” and then sharing passwords that provided access to the drafts. But experts said that ruse would have posed no obstacle for the FBI, because agents had full access to the e-mail accounts.
As they pore over data, FBI agents are not supposed to search for key words unrelated to the warrant under which the data were obtained. But if they are simply reading through document after document, they can pursue new leads that surface.
“Most times, if you found evidence of a second crime, you would stop and go back and get a second warrant” to avoid a courtroom fight over admissibility of evidence, a former prosecutor said. But in practical terms, there is no limit on the number of investigations that access to an e-mail account may spawn.
‘Because of who it was’
There is nothing illegal about the Petraeus-Broadwell affair under federal law. Were it not for Petraeus’s prominent position, the probe might have ended with no consequence. But because of his job — and the concern that intelligence officers caught in compromising positions could be susceptible to blackmail — the probe wasn’t shut down.
“If this had all started involving someone who was not the director of the CIA . . . they would have ignored it,” said David Sobel, senior counsel for the Electronic Frontier Foundation, a privacy group. “A bell went off because of who it was.”
That consideration triggered a cascade of additional quandaries for the Justice Department, including whether and when to notify Congress and the White House. The FBI finally did so on election night, Nov. 6, when Deputy Director Sean Joyce called Petraeus’s boss, Director of National Intelligence James R. Clapper Jr.
After being confronted by Clapper, Petraeus agreed to resign.
President Obama said last week that there was “no evidence at this point, from what I’ve seen, that classified information was disclosed that in any way would have had a negative impact on our national security.”
But the data assembled on Allen and Petraeus continue to reverberate. The FBI turned over its stockpile of material on Allen — said to contain as many as 30,000 pages of e-mail transcripts — to the Defense Department, prompting the Pentagon inspector general to start an investigation.
The CIA has also launched an inspector general investigation into Petraeus and his 14-month tenure at the agency, seeking to determine, among other things, whether he used the perks of the position to enable his affair with Broadwell.
If it follows its own protocols, the FBI will hold on to the data for decades. Former officials said the bureau retains records for 20 years for closed criminal investigations, and 30 years for closed national security probes.
Sari Horwitz and Julie Tate contributed to this report.
Data Doctors: Are my emails private from government agencies?
The answer is - No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no