Wednesday, November 28, 2007

FLE

Firefighter help on terrorism Firefighters in major cities are being trained to take on a new role as lookouts for terrorism, raising concerns of eroding their standing as American icons and infringing on people's privacy. Unlike police, firefighters and emergency medical personnel don't need warrants to access hundreds of thousands of homes and buildings each year, putting them in a position to spot behavior that could indicate terrorist activity or planning. But there are fears that they could lose the faith of a skeptical public by becoming the eyes of the government, looking for suspicious items such as building blueprints or bomb-making manuals or materials. When going to private residences, for example, they are told to be alert for a person who is hostile, uncooperative or expressing hate or discontent with the United States; unusual chemicals or other materials that seem out of place; ammunition, firearms or weapons boxes; surveillance equipment; still and video cameras; night-vision goggles; maps, photos, blueprints; police manuals, training manuals, flight manuals; and little or no furniture other than a bed or mattress. In Washington, the fire service made its first foray into the intelligence world about two years ago, and now D.C. Fire/EMS has access to the same terrorism-related intelligence as the police, said Larry Schultz, an assistant fire chief in charge of operations. D.C. firefighters and EMS providers are in 170,000 homes and businesses each year on routine calls, Schultz said....
`State secrets' doctrine draws scrutiny from Congress, courts In federal courts and on Capitol Hill, challenges are brewing to a key legal strategy President George W. Bush is using to protect a secret surveillance program that monitors phone calls and e-mails inside the United States. Under grilling from lawmakers and attack by lawsuits alleging Bush authorized the illegal wiretapping of Americans, the White House has invoked a legal defense known as the "state secrets" doctrine - a claim that the president has inherent and unchecked power to shield national security information from disclosure, either to plaintiffs in court or to congressional overseers. The principle was established a half-century ago when, ruling in a wrongful-death case brought by the widows of civilians killed in a military plane crash, the Supreme Court upheld the Air Force's refusal to provide an accident report to the plaintiffs. The government contended releasing the document would compromise information about a secret mission and intelligence equipment. Sen. Arlen Specter of Pennsylvania, the senior Republican on the Judiciary Committee, believes the White House has gone too far in invoking state secrets to halt civil lawsuits....
Judge Cancels Feds Amazon Customer ID Request Federal prosecutors have withdrawn a subpoena seeking the identities of thousands of people who bought used books through online retailer Amazon.com Inc. (AMZN), newly unsealed court records show. The withdrawal came after a judge ruled the customers have a First Amendment right to keep their reading habits from the government. "The (subpoena's) chilling effect on expressive e-commerce would frost keyboards across America," U.S. Magistrate Judge Stephen Crocker wrote in a June ruling. Seattle-based Amazon said in court documents it hopes Crocker's decision will make it more difficult for prosecutors to obtain records involving book purchases. Assistant U.S. Attorney John Vaudreuil said Tuesday he doubted the ruling would hamper legitimate investigations. Crocker - who unsealed documents detailing the showdown against prosecutors' wishes - said he believed prosecutors were seeking the information for a legitimate purpose. But he said First Amendment concerns were justified and outweighed the subpoena's law enforcement purpose. "The subpoena is troubling because it permits the government to peek into the reading habits of specific individuals without their knowledge or permission," Crocker wrote. "It is an unsettling and un-American scenario to envision federal agents nosing through the reading lists of law-abiding citizens while hunting for evidence against somebody else."....
Terrorists target Army base — in Arizona Fort Huachuca, the nation's largest intelligence-training center, changed security measures in May after being warned that Islamist terrorists, with the aid of Mexican drug cartels, were planning an attack on the facility. Fort officials changed security measures after sources warned that possibly 60 Afghan and Iraqi terrorists were to be smuggled into the U.S. through underground tunnels with high-powered weapons to attack the Arizona Army base, according to multiple confidential law enforcement documents obtained by The Washington Times. "A portion of the operatives were in the United States, with the remainder not yet in the United States," according to one of the documents, an FBI advisory that was distributed to the Defense Intelligence Agency, the CIA, Customs and Border Protection and the Justice Department, among several other law enforcement agencies throughout the nation. "The Afghanis and Iraqis shaved their beards so as not to appear to be Middle Easterners." According to the FBI advisory, each Middle Easterner paid Mexican drug lords $20,000 "or the equivalent in weapons" for the cartel's assistance in smuggling them and their weapons through tunnels along the border into the U.S. The weapons would be sent through tunnels that supposedly ended in Arizona and New Mexico, but the Islamist terrorists would be smuggled through Laredo, Texas, and reclaim the weapons later....
CSI: Mississippi In a remarkable capital murder case earlier this year, the Mississippi Supreme Court, by an 8-to-1 vote, tossed out the expert testimony of Steven Hayne. The defendant was Tyler Edmonds, a 13-year-old boy accused of killing his sister’s husband. Hayne, Mississippi’s quasi-official state medical examiner, had testified that the victim’s bullet wounds supported the prosecution’s theory that Edmonds and his sister had shot the man together, each putting a hand on the weapon and pulling the trigger at the same time. “I would favor that a second party be involved in that positioning of the weapon,” Hayne told the jury. “It would be consistent with two people involved. I can’t exclude one, but I think that would be less likely.” Testifying that you can tell from an autopsy how many hands were on the gun that fired a bullet is like saying you can tell the color of a killer’s eyes from a series of stab wounds. It’s absurd. The Mississippi Supreme Court said Hayne’s testimony was “scientifically unfounded” and should not have been admitted. Based on this and other errors, it ordered a new trial for Edmonds. But it wasn’t the doctor’s dubious claim that made the case unusual. It’s the fact that the court explicitly renounced his testimony. It was the first time that had happened to Hayne in hundreds of cases dating back nearly 20 years. By any sane standard, the decision was long overdue. Hayne’s career in court is an egregious example of what happens when the criminal justice system fails to adequately oversee expert testimony. He may be unusually careless, but he is not unique—not in Mississippi, and not in the United States. During the last two decades, there have been more than a dozen high-profile cases in which dubious forensic witnesses conned state and federal courts, sometimes for many years and in hundreds of cases. The most famous example is probably the West Virginia crime lab worker Fred Zain, who from 1979 to 1989 tainted so many trials with false testimony about blood, semen, and hair evidence that the state’s Supreme Court ordered a review of every case in which he’d ever testified. It turned out he had introduced deliberately falsified evidence in at least 134 cases....

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