FLE

The People vs. Michael Chertoff The government defended the wall as a necessary bulwark against the twin threats of illegal immigration and terrorism, and Chertoff employed the Declaration of Taking Act, an unusual and expedited condemnation process that denies citizens access to a full trial. Compounded by intimidation tactics that include repeated visits by uniformed Border Patrol agents and US army personnel, landowners have found themselves, until now, relatively powerless. Although eminent domain grants the government wide latitude and is notoriously difficult to contest, Tamez and seven other Cameron County landowners charged Chertoff and DHS with misuse of power. Represented by Peter Schey of the Los Angeles-based Center for Human Rights and Constitutional Law, they argued that Chertoff had failed to follow requisite due process and violated federal law that prohibits the expedited condemnation process. "The law specifically provides that the secretary should explain to property owners what interest he seeks in their property and attempt to arrive at a 'fixed price' for that interest," explains Schey. "And then he may only proceed with normal condemnation proceedings in which a person is entitled to a full due-process trial." In a thirty-two-page ruling, federal judge Andrew Hanen agreed--partially. While affirming the right of landowners to negotiate over terms and compensation in land seizures, the court also ruled that DHS can move to condemn the land if the parties are unable to negotiate a fixed price....
Arizona city seeks moat to secure Mexico border Most plans to gain control of the porous U.S.-Mexico border focus on some combination of fence. But this city in far west Arizona is looking to build a moat. Faced with high-levels of crime and illegal immigration, authorities in Yuma are reaching back to a technique as old as a medieval castle to dig out a "security channel" on a crime-ridden stretch of the border and fill it with water. "The moats that I've seen circled the castle and allowed you to protect yourself, and that's kind of what we're looking at here," said Yuma County Sheriff Ralph Ogden, who is backing the project. The proposal seeks to restore a stretch of the West's greatest waterway, the Colorado River, which has been largely sucked dry by demand from farms and sprawling subdivisions springing up across the parched southwest and in neighboring California. The plan to revive the river, which drains from the Rocky Mountains through the Grand Canyon and runs for 23 miles (37 kilometres) along the border near Yuma, seeks to create a broad water barrier while also restoring a fragile wetland environment that once thrived in the area....
Border Measures Pushing Migrants to Sea The migrants board rickety boats in the dark, taking orders from inexperienced seamen. From sandy Mexican shores popular with weekend tourists, they can see downtown San Diego's lights when the sky is clear. Smugglers who charge them about $4,000 each for the illegal crossing often use two boats with different crews for the short trip, forcing them to change at sea, authorities say. That way, the hired hands will have less to tell if they are captured. U.S. officials and academics suspect heightened enforcement on land is pushing migrants to gamble their lives on the kind of dangerous voyages — on flimsy watercraft and with little regard for winter — more commonly associated with Cubans and Haitians braving the Florida Straits. "Anytime you put pressure on a point along the border, the traffic moves somewhere else," said Juan Munoz Torres, a spokesman for Customs and Border Protection. "The only thing left is the ocean." A spate of recent captures and discoveries of abandoned boats off California's coast climaxed shortly after sunrise Wednesday with a dramatic example of the increased risks that migrants are taking....
Audit: FBI privacy abuses rose in 2006 Top-level FBI counterterrorism executives issued improper blanket demands in 2006 for records of 3,860 telephone lines to justify the fact that agents already had obtained the data using an illegal procedure that is now prohibited, the Justice Department inspector general reported Thursday. Glenn A. Fine also reported that in one case FBI anti-terrorism agents circumvented a federal court which twice had refused a warrant for personal records because the judges believed the agents were investigating conduct protected by the First Amendment. Fine said the agents got the records using national security letters, which do not require a judge's approval, without altering or re-examining the basis of their suspicions — the target's association with others under investigation. These findings were highlighted in Fine's second report in two years on how the FBI has used broad authority to gather personal information about Americans granted by the USA Patriot Act and other statutes since the Sept. 11, 2001, terrorist attacks. Fine reported last year that from 2003 through 2005 FBI agents sent more than 700 of these exigent, or emergency, letters to telecommunication companies to obtain telephone records quickly. Fine said the letters violated requirements of the Electronic Communications Privacy Act and Justice and FBI guidelines by falsely stating they were needed for specific national security investigations under grand jury investigation and that national security letters were being drafted to cover the requests. In fact, there were no specific grand jury investigations behind the requests and no NSLs were being prepared....
Right now, feds might be looking into your finances Each year, federal agents peek at the financial transactions of millions of Americans — without their knowledge. The same type of information that raised suspicions about New York Gov. Eliot Spitzer is reviewed every day by authorities to find traces of money laundering, check fraud, identity theft or any crime that may involve a financial institution. As concerns about fraud and terrorist financing grow, an increasing number of suspicious deposits, withdrawals and money transfers are being reported by banks and others to the federal government. Banks and credit unions as well as currency dealers and stores that cash checks reported a record 17.6 million transactions to the Financial Crimes Enforcement Network in 2006, according to a report from the network, a bureau of the U.S. Treasury Department. The Treasury Department's database now contains records of more than 100 million financial transactions going back to at least 1996, said network spokesman Steve Hudak. Teams of agents from the FBI, IRS, Drug Enforcement Administration and other agencies regularly review newly filed financial reports and launch investigations. Federal and local authorities search the database to find information about people that can help ongoing probes. Treasury Department analysts study the reports to detect trends in fraud and issue reports alerting financial institutions....
Happy Birthday, DHS! The Department of Homeland Security (DHS) just turned five years old. It seems like it was born just yesterday. The department’s growing pains have made it a slow learner and a downright ugly child. Born in an atmosphere of tension and fear, and cobbled together from pieces of other government departments and agencies, the prospects for this Frankenstein offspring were always dim. Yet, as Congress frequently does in times of crisis, the legislative body, in the wake of 9/11, had to be seen as doing something—anything—to respond to the crisis, even if its actions were ineffective and even counterproductive. And predictably, the Department of Homeland Security has been a disaster. In the wake of the federal government’s failure to prevent or stop 9/11—when the principal problem was the failure of large, slothful security agencies to coordinate against a small, agile terrorist group—the last thing the country needed was another ponderous department. Yet Congress glued together 22 disparate agencies, superimposed another layer of bureaucracy on top of them to manage the new department, astronomically increased the department’s budget to $38 billion per year and its personnel from 170,000 to 208,000 employees, and oversaw the department’s activities with 86 congressional committees and subcommittees. In creating more bureaucracy to coordinate, Congress never told the American people exactly how security against nimble, non-bureaucratic terrorist groups would be enhanced. In fact, over its five years, the department has become the butt of jokes for its color-coded terror warning system, grossly incompetent response to Hurricane Katrina, pork-barrel spending, intrusive and largely ineffectual airline security, and expensive security projects gone awry....
W.'s Gun Battle Preparing to hear oral arguments Tuesday on the extent of gun rights guaranteed by the Constitution's Second Amendment, the U.S. Supreme Court has before it a brief signed by Vice President Cheney opposing the Bush administration's stance. Even more remarkably, Cheney is faithfully reflecting the views of President George W. Bush. The government position filed with the Supreme Court by U.S. Solicitor General Paul Clement stunned gun advocates by opposing the breadth of an appellate court affirmation of individual ownership rights. The Justice Department, not the vice president, is out of order. But if Bush agrees with Cheney, why did the president not simply order Clement to revise his brief? The answers: disorganization and weakness in the eighth year of his presidency. Consequently, a Republican administration finds itself aligned against the most popular tenet of social conservatism: gun rights that enjoy much wider support than opposition to abortion or gay marriage. Promises in two presidential elections are abandoned, and Bush finds himself left of Democratic presidential candidate Sen. Barack Obama....
D.C. Seeks Consent To Search for Guns D.C. police are so eager to get guns out of the city that they're offering amnesty to people who allow officers to come into their homes and get the weapons. Mayor Adrian M. Fenty and Police Chief Cathy L. Lanier announced yesterday the Safe Homes Initiative, aimed at parents and guardians who know or suspect that their children or other relatives have guns. Under the deal, police target areas hit by violence and seek adults who let them search their homes for guns, with no risk of arrest. The offer also applies to drugs that turn up during the searches, police said. The program is scheduled to start March 24 in the Washington Highlands area of Southeast Washington. Officers will go door-to-door seeking permission to search homes for weapons. Police later plan to visit other areas, including sections of Columbia Heights in Northwest and Eckington in Northeast. Fenty (D) and Lanier announced the plan as part of a new strategy to deal with the prevalence of firearms in a city that has one of the strictest gun control laws in the nation. Residents who agree to the searches will be asked to sign consent forms. If guns are found, they will be tested to determine whether they were used in crimes. If the results are positive, police will launch investigations, which could lead to charges. Boston police are embarking on a similar program this month....
D.C. Gun Ban Proponents Ignore the Facts Thus far the District of Columbia has spent a lot of time making a public policy case. Their argument in their brief to the court is pretty simple : "banning handguns saves lives." Yet, while it may seem obvious to many people that banning guns will save lives, that has not been D.C.'s experience. The ban went into effect in early 1977, but since it started there is only one year (1985) when D.C.'s murder rate fell below what it was in 1976. But the murder rate also rose dramatically relative to other cities. In the 29 years we have data after the ban, D.C.'s murder rate ranked first or second among the largest 50 cities for 15 years. In another four years, it ranked fourth. For Instance, D.C.'s murder rate fell from 3.5 to 3 times more than Maryland and Virginia's during the five years before the handgun ban went into effect in 1977, but rose to 3.8 times more in the five years after it. Was there something special about D.C. that kept the ban from working? Probably not, since bans have been causing crime to increase in other cities as well. D.C. cites the Chicago ban to support its own. Yet, before Chicago's ban in 1982, its murder rate, which was falling from 27 to 22 per 100,000 in the five years, suddenly stopped falling and rose slightly to 23 per 100,000 in the five years afterwards. Neither have bans worked in other countries. Gun crime in England and Wales increased 340 percent in the seven years since their 1998 ban. Ireland banned handguns and center fire rifles in 1972 and murder rates soared — the post-ban murder rate average has been 144 percent higher than pre-ban....