• Chemicals used to treat your drinking water might be hurting you, environmental group says

    Chemicals used to treat drinking water actually might raise the risk of cancer or cause other health hazards by creating toxic byproducts that need tighter federal regulation, according to an environmental advocacy group.


    Fair Warning reports that the Environmental Working Group, a Washington, D.C.,-based advocacy organization, also wants the government to reduce the need for chemical treatment by cleaning up sources of public drinking water.

    The Environmental Working Group says the problem is that chlorine and other chemicals that public utilities add to drinking water to kill microorganisms can react with other material – such as sewage and manure – to create hundreds of toxic byproducts, many of which aren’t regulated at all.


    According to Fair Warning’s post:

    Researchers analyzed results from water quality tests done in 2011 at 201 large municipal water systems that serve more than 100 million people in 43 states. They found trihalomethanes, a byproduct of chlorination, in every system. The EPA calls some members of this class of chemicals “probable human carcinogens” and studies have linked them to bladder cancer, birth defects and miscarriages. However, only one water treatment system exceeded the EPA’s limits for the chemicals, which was set at 80 parts per billion in 1998.

    But the report argued that the EPA’s limits are too lax, citing several studies linking even lower levels of the chemicals to health problems. For example, in 2011 a French research team analyzing data from three countries found that men exposed to more than 50 parts per billion of trihalomethanes [try-hal-o-MEH-thanes] had significantly increased cancer risks.

    You can read the full Environmental Working Group report here.

    Read more from Fair Warning here.

    Here’s more coverage from Open Channel on drinking water and health issues:

  • Wikileaks case: Bradley Manning seeks first public statement on motive

    Jose Luis Magana / Reuters file

    Army Pfc. Bradley Manning is escorted in handcuffs as he leaves the courthouse in Fort Meade, Maryland, on June 6.

    Army Pfc. Bradley Manning released classified documents to WikiLeaks in an effort to "spark a domestic debate on the role of our military and foreign policy in general," according to a statement he will seek to read in a court hearing Thursday.


    The lengthy statement, which Manning has already submitted to the judge presiding over his case at Fort Meade, Md., will be his first public account of his motivations for leaking hundreds of thousands of battlefield reports relating to U.S. operation in Iraq and Afghanistan as well as State Department diplomatic cables.

    The statement appears intended to bolster the defense his lawyer plans to use at his court martial now slated for June -- that Manning was acting as a whistleblower intending to expose government misconduct.


    Manning, a former Army intelligence analyst, is facing 22 criminal charges that include "aiding the enemy" and could result in a life sentence. He will seek to plead guilty to lesser charges -- such as unauthorized use of his government computer -- at the pre-trial hearing Thursday.

    Prosecutors have objected to Manning's partial plea -- it is not the result of a plea bargain -- and made clear that they fully intend to bring him to trial.

    See more investigative reports at The Isikoff Files

    In reading his statement, Manning also "will speak to larger issues affecting his case" and will expand upon his guilty plea to establish that he acted from a “noble motive,” according to a news release Wednesday by the Bradley Manning Support Network. 

    Although the group did not release the text of the statement, it cited an exchange in a hearing earlier his week in which prosecutors objected to Manning being allowed to read some portions of his statement -- including the passage in which he talks about his desire "to spark a domestic debate."

    Prosecutors quoted some of the wording in Manning's statement during the hearing, saying the passage -- and another one relating to leaking information about corruption within the Iraqi Federal Police -- should not be allowed because it would be an admission by Manning to "uncharged misconduct." For example, admitting that he intended to provoke a public debate could expose Manning to an additional charge of intending to "discredit" the U.S. military, prosecutors argued. 

    Manning's case has been shrouded in secrecy by the military. On Wednesday, the Pentagon released 84 pretrial documents, bowing to public records requests by news organizations, including NBC News. The documents are the first of about 500 that the Pentagon said it will release in response to the requests.

    But in the documents released so far, the name of the presiding judge, Col. Denise Lind, has been redacted.  

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  • Iran widens use of clandestine tanker fleet to bust oil sanctions, international officials say

    Tim Chong / Reuters file

    The Delvar, a Malta-flagged Iranian crude oil supertanker, is seen anchored off Singapore on March 1, 2012.

    LONDON - Iran is using old tankers, saved from the scrapyard by foreign middlemen, to ship out oil to China in ways that avoid Western sanctions, say officials involved with sanctions who showed Reuters corroborating documents.


    The officials, from states involved in imposing sanctions to pressure Iran to curb its nuclear program, said the tankers - worth little more than scrap value - were a new way for Iran to keep its oil exports flowing by exploiting the legal limitations on Western powers' ability to make sanctions stick worldwide.

    Officials showed Reuters shipping documents to support their allegation that eight ships, each of which can carry close to a day's worth of Iran's pre-sanctions exports, have loaded Iranian oil at sea. Publicly available tracking and other data are consistent with those documents and allegations.

    "The tankers have been used for Iranian crude," one official said. "They are part of Iran's sanctions-busting strategy."


    Dimitris Cambis, the Greek businessman who last year bought the ships - eight very large crude carriers, or VLCCs - to carry Middle East crude to Asia, flatly denied doing any business with Tehran or running clandestine shipments of its oil to China.

    Cambis said he had not been involved in shipping before but had bought the tankers as part of a new venture he runs from the United Arab Emirates. He denied trading with Iran - though he has contacts there from his previous work in the oil industry.

    Related story: Skulduggery at sea: Iran uses tankers off Malaysia to evade oil embargo

    He denied his vessels have loaded oil from Iran while at anchor in the Gulf. Known as ship-to-ship transfers, or STS, such movements are hard to track as crews can switch off tracking beacons or not update their recorded positions for periods to conceal that one vessel has come alongside another.

    Cambis also explained a stop in Iran by one of his tankers - recorded in publicly available tracking data - as having been only for an emergency repair, not to load an oil cargo.

    "There is no Iranian vessel that has done any STS with us," Cambis told Reuters in Athens in response to the officials' allegations of taking oil from Iranian tankers owned by Tehran shipping group NITC. "We have nothing to do with NITC."

    The officials involved with sanctions dispute his account and showed documents detailing several ship-to-ship loadings. They said all eight of the tankers were involved in Iran trade.

    In one instance in early December, according to the shipping documents shown to Reuters by the officials, an NITC tanker named Marigold loaded Iranian crude onto the Leycothea, one of Cambis's eight ships, while both were at anchor off the UAE emirate of Sharjah. Public tracking showed Cambis's tanker made a call about a month later to Zhanjiang oil terminal in China.

    Loading at sea lets vessels pick up a cargo without visiting the country of origin of the crude. Officials allege the tankers are also used as offshore storage for Iranian oil which can then be transferred onward to other ships, concealing its origins.

    Officials in Iran, which rejects Western allegations it is seeking nuclear weapons, did not respond to requests for comment.

    Muddying waters
    Experts on sanctions law said that by operating outside the European Union, ship-owners had no clear obligation to observe rules barring EU companies from buying Iranian oil, though banks and insurers with EU or U.S. business ties are giving a wide berth to firms they suspect of dealing with Iran, given U.S. and EU efforts to penalize such firms within their own jurisdiction. 

    "Such ships would be used to delete traces of a trade taking place," a London-based ship broker said.

    While Iran has its own substantial tanker fleet, capable of carrying over 72 million barrels, the 2 million barrels that each of the eight tankers can move would be a useful addition to its capacity, analysts said - particularly as their foreign ownership and management could help conceal the Iranian origin of the oil, making it easier to obtain insurance, finance and other ship services that are affected by EU and U.S. sanctions.

    Cambis said that between August and November he bought the eight ships: Leycothea, Glaros, Nereyda, Ocean Nymph, Seagull, Zap, Ocean Performer and Ulysses I. The first five are now managed by his firm, Sambouk Shipping, in Sharjah and he is in the process of transferring management of the remaining three.

    In other movements indicated by the shipping documents, the Nereyda was also involved in a separate ship-to-ship transfer with NITC's Rainbow in the Gulf in November, while the Glaros took an offshore transfer from the Marigold there in December.

    The Nereyda was later recorded arriving at a terminal in China in December. The Glaros appears to have remained in the Gulf since that December transfer, according to tracking data.

    Asked about publicly available ship tracking data showing that the Glaros stopped at Iran's Larak Island oil terminal on October 20 last year, Cambis provided what he said was an affidavit by the ship's master describing an emergency repair carried out by Iranian divers when the tanker was headed to Saudi Arabia.

    The master, named as I. Bonoutas, could not be reached for comment. Cambis denied loading any oil in Iran. After its stop at Larak, Glaros's next recorded visits, according to ship tracking data, were at Chinese ports between November 24 to December 1.

    The eight tankers, built up to 20 years ago, can carry about 16 million barrels of oil among them, shipping databases show.

    Iranian crude exports declined to an average of 1.5 million barrels per day (bpd) in 2012, down about 1 million bpd from 2011 levels, data from the International Energy Agency showed.

    NITC blacklisted
    The eight tankers were bought last year for a total of about $204 million, ship trading sources said - reflecting prices only 3-4 percent above their worth as raw metal. The purchases have been the object of considerable discussion among ship brokers - not least because they would more typically have been broken up.

    A ship dealer based in London said, however: "They can carry on trading for as long as people are willing to employ them.

    "There's really not much that any authorities can do." 

    NITC has been blacklisted by the West and the EU has imposed an outright ban on providing ship insurance that would benefit Iran. The exit from Iran of top providers of ship certification, vital for port access, and the removal of Iranian vessels from international registries have added to operational challenges.

    While NITC has expanded its fleet in recent months, experts say access to additional foreign tankers would give Tehran more flexibility in maintaining exports.

    "The key word for the Iranians is resistance as in the Supreme Leader's declaration of a resistance economy," said Scott Lucas, a specialist on Iran at Birmingham University.

    "This is not an economy which is going to produce growth but it is one which is going to try and avoid a domestic collapse."

    More related stories

    Copyright 2013 Thomson Reuters. Click for restrictions.
  • Supreme Court tosses suit against terror surveillance program

    The U.S. Supreme Court today essentially put the government's expanded terror surveillance program beyond legal challenge, tossing out a lawsuit filed by a group of lawyers, journalists, and civil rights groups who claimed they were improperly swept up in the law's reach.

    By a 5-4 ruling, the court said the challengers couldn't show that they were actually harmed by the government's foreign terrorist surveillance program, set up during the George W. Bush administration to allow the monitoring of suspected terrorists overseas. Congress eventually approved the program, with some changes.

    The issue in this case was what happens when targets of the program talk by phone or e-mail with people in the United States. The challengers claimed that because their jobs required them to talk with people overseas likely to be targeted by the program, they've had to change how they operate – traveling overseas to meet with potential clients and sources instead of talking to them by phone.

    In other words, while the challengers said they couldn't prove their conversations were intercepted, because the expanded terror surveillance program is classified, it was so likely that they had the legal standing to sue.

    Not so, said the five-member majority, in an opinion written by Justice Samuel Alito. Their theory, he said, "is too speculative." And even though the challengers say they've had to take expensive measures to avoid the surveillance they fear is taking place, they "cannot manufacture standing by choosing to make expenditures based on hypothetical future harm."

    Writing for the dissenters, Justice Stephen Breyer said the harm the challengers claim "is as likely to take place as are most future events that commonsense inference and ordinary knowledge of human nature tell us will happen."

    Related:

  • Deaths among beginning drivers on the increase, research shows

    The number of 16- and 17-year-old drivers who died in traffic accidents rose significantly in the first half of 2012, creeping back toward what traffic safety experts called "unacceptable" levels, according to research published Tuesday.


    The report — a preliminary compilation of data from all 50 states and the District of Columbia by the Governors Highway Safety Association — found that 240 16- and 17-year-olds died behind the wheel from January through June 2012. That's a 19 percent increase over the same period in 2011 and a startling 26 percent more than in the first half of 2010.

    It also outpaces the rise in overall traffic deaths last year, which increased by 5 percent, the National Safety Council reported last week.


    The report identified no single overarching reason teen mortality jumped. Instead, it theorizes that two-decade-old state regulations on the youngest drivers haven't kept up with the teen driving population, which has been given more reasons to drive by the improving economy. And like numerous other traffic safety groups, the governors association warned of the distractions posed by cellphones and other electronics.

    "We know from research and experience that teen drivers are not only a danger to themselves, but also a danger to others on the roadways," said Kendall Poole, chairman of the governors' safety organization and director of the Tennessee Governor's Highway Safety Office.

    The rise in deaths last year is "unacceptable," he said.

    Separate data from the National Highway Traffic Safety Administration, or NHTSA, peg traffic accidents as the single biggest killer of U.S. teens, accounting for more than third of all deaths among Americans 15 to 20 years old.

    Read the full report, including state-by-state data (.pdf)

    Until 2011, the number of deaths among beginning drivers had been falling since 2002, when it hit a modern annual record of 544. That was roughly a decade after states began adopting so-called graduated driver licensing laws, which impose restrictions on the youngest drivers in stages as they approach age 18. 

    All 50 states now have such laws, and increases in deaths over the last two years could simply reflect officials' and parents' letting their guard down as the laws have become a part of everyday life, said Allan Williams, former chief scientist for the National Highway Traffic Safety Institute, who conducted the study.

    The improving economy may also be an incentive for more teenagers to drive, statistically increasing their risk, Williams said.

    Whatever the reason, "based on 2011 final data and the early look at 2012, it appears that we are headed the wrong direction," he said.


    The report called on states to renew their focus on graduated driving laws and to establish programs to help parents keep their children safe.

    "Parents have a huge responsibility to ensure safe teen driving behavior," said Barbara Harsha, executive director the governors group. "States can facilitate this by providing innovative programs that bring parents and teens together around this issue."

    The NHTSA has proposed new federal grants to help states fine-tune and enforce their graduated driver laws. To qualify for the money, states would have to require new drivers to go through a learner's permit stage and an intermediate permit stage before they could get full licenses.

    Public comment on the proposals closes April 23.

    The proposals closely mirror a three-part program to restrict beginning drivers recommended by the governors safety group. That template calls for:

    • A learner's permit beginning no earlier than age 16, lasting at least six months and requiring 30 to 50 hours of parent-certified supervision.
    • An intermediate stage lasting at least until age 18, including a ban on driving after 9 or 10 p.m., with a limit of one teen passenger.
    • A ban on all cellphones and other electronic devices.

    "Our main goal is to save lives," said Jeff Bledsoe, sheriff of Dickson County, Tenn., whose state has already put most of those ideas in place.

    Dickson especially stressed the ban on electronics behind the wheel, telling NBC station WSMV of Nashville: "With all of the technology we have these days — with cell phones and other items in the vehicle that could take our focus off the roadway — we have to be cautious and know what a huge responsibility it is when we operate a vehicle."

    Related

    National Safety Council: Traffic deaths surged in 2012

    Red state, blue state divide reflected in fatal traffic accidents

    Authorities could go even further in West Virginia, where a measure was introduced in the state House last week to require beginning drivers to pass drug tests — three of them, once before they could get a learner's permit, again before they could step up to an intermediate license and one last time before they could get a full license.

    "Obviously, any time you can take an opportunity to try and eliminate drugs — and especially in driving — that's obviously a good thing," said Bernie Buttrey, a driver's education instructor in Parkersburg, W.Va.

    Buttrey told NBC station WTAP of Parkersburg that he was hesitant because of the constitutional implications, but he said such tests may be reasonable to ensure that beginning teenage drivers remain safe.

    "We've passed laws that some people think maybe are excessive in the use of your cellphones, but I think evidence proves that the less you use your cellphone, the less you're distracted," he said. "So this is just maybe another step in the right direction."

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  • Horse meat in the US? Unlikely, but tests are rare

    Leonhard Foeger / Reuters

    An employee of the microbiological laboratory of the Austrian Agency for Health and Food Safety prepares a sample of minced meat in Vienna this week. The samples of minced meat are tested for the presence of horse meat as a precaution. United States officials say it's highly unlikely the scandal will reach U.S. consumers.

    Europe’s scandal over horse meat hidden in beef products -- including recalls of Nestle ravioli and Birds Eye chili con carne -- has renewed questions about whether Americans unwittingly could be eating equine products as well.

    U.S. Department of Agriculture regulators say it’s highly unlikely that beef adulterated with horse meat could make it to the nation’s dinner plates because no domestic suppliers currently slaughter horses and the agency has strict labeling and inspection standards for imported meat.

    But agency officials also acknowledge privately that species testing for meat imported into the U.S. is performed typically only when there’s a reason to question a shipment.

    And a Florida company that supplies the only validated tests for horse meat in food has been slammed with nearly 1,000 requests in recent weeks for its $500 kits -- including orders from major U.S. meat producers.

    “It’s becoming a little hectic,” said Natalie Rosskopf, administrative director of Elisa Technologies Inc. of Gainesville. “There was no call for horse testing a month ago. Nothing.”

    Continental Europe has been roiled recently by reports of horse meat masquerading as beef in frozen burgers and prepared foods, including frozen dinners and pastas. This week, Nestle announced it was removing chilled pasta products produced by a German supplier, including Buitoni Beef Ravioli and Beef Tortellini, from stores in Italy and Spain, and a lasagna product from France. On Friday, frozen food maker Birds Eye said it would withdraw products including chili con carne from Britain and Ireland because tests detected traces of horse DNA.

    The trouble with horse meat hidden in beef is partly a health concern. Meats taken from store shelves in Britain and Germany had traces of a powerful equine painkiller, phenylbutazone, or “bute,” which is banned in animals destined for human food, tests showed.

    But it’s also about trust, especially in the U.S., where many shudder at the mere thought of eating horse meat and the deception would raise even more suspicion about a company’s practices.

    “If a company is willing to commit fraud, I can’t imagine that food safety is the biggest thing on their agenda,” said Bill Marler, a Seattle lawyer and food safety expert who publishes a blog focused on the industry.

    In fact, boneless beef adulterated with horse meat -- and with kangaroo -- did make it to the U.S. more than 30 years ago, when mislabeled meat from Australia led to the impounding and testing of 66 million pounds of the product, according to old USDA records found and posted by Marler.

    Known as the “Australian meat incident,” the beef substitution scandal prompted swift action and increased scrutiny by agency officials.

    USDA officials couldn’t quickly produce records of species testing results in the past 30 years -- or even the past year -- but they say the possibility of that happening again is remote. The U.S. neither slaughters horses nor imports horse meat from other countries, and it doesn’t allow import of beef from the countries and companies involved in the European scandal, an official told NBC News. (He was speaking on background because he said he wasn’t authorized to discuss the issue.)

    In addition, USDA inspectors look at every shipment of meat sent through U.S. ports and can demand species testing if anything is amiss, documents show.

    Officials with the Food and Drug Administration, which oversees processed foods, said that they had detected no horse meat in imported or U.S.-made food. 

    “We have no past record or current indication that horse meat is an ingredient in any FDA-regulated processed foods in the U.S.,” Jalil Isa, an FDA spokesman, said in an email. He added that FDA officials are reaching out to Nestle and Birds Eye to ensure that no adulterated food was sent to the U.S. Nestle has said no U.S. products use meat from European sources.

    Birds Eye Iglo U.K. products have no connection to the Birds Eye brand in the U.S., which is owned by Pinnacle Foods, and isn’t affiliated with the U.K. supplier.

    Producers such as the meat giant Cargill say they don’t import beef from plants that also slaughter horses, or from the companies and suppliers implicated in the European scandal, and they remain confident that their meat is free of adulteration.

    “Cargill’s beef supply chain is shorter than those involved in the horse meat issue in Europe and we know, and work directly with, our suppliers, which minimizes the potential for fraudulent substitution of products,” Cargill spokesman Mike Martin told NBC News in an email.

    Still, the problems in Europe could prompt renewed scrutiny, he added.

    “We do not analyze for other species and are assessing the current situation to determine if this is something we might do in the future,” Martin said.

    If they do, they’ll have to turn to Elisa Technologies for the horse species test, said Rosskopf. The company’s meat species kits, which verify animal proteins in raw and cooked meat samples, have been used for years by the USDA and by private firms, she said.

    Before the discovery in Europe of horse meat in beef, the firm’s typical demand was for tests for more common species, for instance, to confirm that no pork was present in kosher meat, Rosskopf said. Now, meat suppliers mostly in Europe, but also in the U.S., have been clamoring for the equine test.

    Have there been any positive tests so far?

    “I can’t say,” said Rosskopf, noting that the company is known for its adherence to confidentiality agreements.

    Of course, putting horse meat on the dinner table is common in many countries, including France, Canada, Mexico and Japan, to name a few. And it’s not unheard of on American menus, either. Slaughterhouses that produced horse meat for human consumption were in operation in the U.S. until 2007, when the last three of a one-time high of 16 or 17 plants closed under state and federal pressure.

    Congress effectively banned the practice then by refusing to fund USDA inspections of the slaughterhouses. Those efforts were fueled by vocal anti-slaughter activists who regarded the practice as inhumane.

    The arrangement stayed in place until 2011, when the Obama administration quietly lifted the restriction, partly out of concern for the neglect of horses in the U.S. and the treatment of horses that were shipped to Canada and Mexico to be killed.

    The U.S. exported more than 46,000 metric tons of horse meat in 1990, a figure that fell to about 5,600 metric tons in 2007, when the ban was enacted, industry figures show.

    Wyoming state Rep. Sue Wallis is trying to reinstate horse slaughter in the U.S. and to build a new source for the meat in America and abroad.

    Her application is among those pending with the USDA to open horse slaughterhouses in Missouri, Iowa and New Mexico. The firms would produce what she and other advocates call “cheval,” horse meat that she said is prized by gourmet cooks and health enthusiasts for its taste and lean profile. Plus, Wallis said, horse meat is generally about 40 percent cheaper than beef.

    “There are plenty of people in America who have no problem with cheval and are anxiously awaiting our product,” she said.

    Related stories:

  • Feds say neo-Nazi with guns was tracking community leaders

    Because Congress has prohibited a national computerized database of gun sales, tracking the sale of firearms is a cumbersome process forcing investigators to rely on research methods from decades past. And if the sale occurred through a private seller – which is how 80 percent of those convicted of gun crimes get their weapons -- no documentation is required. NBC's Michael Isikoff reports.

    Department of Justice

    Richard Schmidt

    FBI agents recently warned community leaders in the Detroit area about a possible racist plot by a convicted felon and alleged neo-Nazi sympathizer who was arrested after he was discovered with an arsenal of assault rifles  and other weapons, a law enforcement official tells NBC News.

    “The FBI averted a catastrophe in this case, there’s no doubt about it,” Steven M. Dettelbach, the U.S. attorney in Cleveland, said in an interview.  


    New details about the case of Richard Schmidt, the owner of a sporting goods store in Bowling Green, Ohio,  dramatically highlight what law enforcement officials say are major loopholes in the nation’s gun laws. Schmidt, 47, is a convicted felon who spent 13 years in Ohio state prison for a homicide after being convicted of killing a man and wounding two others in a shooting during a traffic stop, according to state prison records.  Under federal law, Schmidt, who was released on parole in 2003, is barred from possessing any firearms.


    Yet when FBI agents last December searched his home and store, they discovered a cache of 18 weapons that included AR-15 assault rifles, 9 mm Ruger and Sig Sauer pistols, shotguns, high-capacity magazines and more than 40,000 rounds of ammunition. Schmidt was originally reported to have been arrested on charges of trafficking in counterfeit goods, but was indicted last month on four federal charges —including possessing illegal weapons, body armor and ammunition. He has pleaded not guilty to the charges.

    “As a matter of policy, I don’t comment on pending cases,” his lawyer,  Andy Hart, a federal public defender in Toledo, said when reached by telephone.

    Dettelbach, who is overseeing the case,  said that federal agents have been unable to determine how and where Schmidt obtained  his weapons, prompting officials to conclude he likely acquired them at gun shows or through private sales --  where under federal law no background checks are required. . 

    “It’s scary,” he said about Schmidt’s arsenal of weapons. “It’s not … that I won’t say” where Schmidt got his guns. “It’s that sitting here today as a senior federal law enforcement official in northern Ohio, I can’t say.” 

    The investigation into Schmidt was conducted by a  FBI Joint terrorism Task Force whose agents said they discovered he was tracking African American and Jewish leaders in the Detroit area.  When agents conducted their search, they said they found  evidence suggesting Schmidt harbored neo-Nazi sympathies, including a video of the 2005 national meeting of the National Socialist Movement — in which speakers  wore  black swastika  arm bands and gave the Nazi “Sieg Heil” salute. “This is a war! This is a battle for our survival!” one speaker shouts on a video of the meeting obtained by NBC News.  Other seized items, according to federal search warrants, included a  list of national Jewish-owned businesses and paraphernalia from the “Waffen SS,” Adolph  Hitler’s military force in Germany.

    'Very unsettling, very disturbing'
    Two community leaders briefed on the case tell NBC News that agents also found a notebook in which Schmidt had listed the names, addresses and other personal information of Detroit area community leaders. Although Schmidt was already in custody, and remains in jail pending trial, the evidence in the notebook prompted agents to warn the leaders about what they had found.

    Rev. Wendell Anthony, president of the Detroit NAACP, said that FBI agents showed him a page of one of Schmidt’s notebooks which included information about members of Anthony’s  family as well as distances between his home, office and his church. They also told him they were concerned about “a possible threat against the NAACP and me in particular,” he said.

    “It was mind blowing,” Anthony said. “Very unsettling, very disturbing, and it really kind of made me angry.”  When he was told about Schmidt’s weapons, Anthony said, “I made the comment that this guy is a one man army and they said, ‘Yes, looks like it.’” 

     The FBI gave a similar briefing to Scott Kaufman, the executive director of the Jewish Federation of  Metropolitan Detroit. He said agents also showed him a page of Schmidt’s notebook showing his name and the names of others in leadership positions in his organization, as well as the names of tenants in his building and driving directions to his office.

    “When I saw my name on a piece of paper along with information about our organization and our building written by an alleged neo-Nazi, it was certainly unnerving,” he said.

    Anthony and Kaufman said the FBI asked them not to share copies of the notebook pages with NBC News because Schmidt’s case is ongoing. They also said agents had no specific evidence of what Schmidt might have been planning  –  or whether he was working with anybody else.  An FBI spokeswoman declined comment.

    Read previous story:

    Feds investigate how suspected white supremacist -- a felon -- obtained arsenal

    Federal law does not require such checks for private sales or gun show purchases. Seventeen states have mandated them for handgun purchases at gun shows, though Ohio is not among them. Only six states require background checks for all firearms purchases.  

    A new study by the Johns Hopkins Center for Gun Policy and Research has found that 80 percent of those convicted of gun crimes acquire their weapons through private sales – making it virtually impossible for federal agents to trace where they come from or who is providing them. 

    “There’s no documentation required for private transactions. So whatever occurs in that zone is invisible to us,” Charles Houser, the director of the Bureau of Alcohol, Tobacco and Firearms National Tracing Center in Martinsburg, W.Va., said in an interview.

    Related coverage: 'Flashpoint: Guns in America,' an NBC News special report

    Dettelbach echoed those concerns. “Our current set of laws for how guns get out the community has a lot of holes,”  he said. “It’s almost like Swiss cheese.” 

    (Federal prosecutors recently filed court papers showing that reputed Boston mob figure  James “Whitey” Bulger was able to buy at least 15 handguns and a shotgun while he was on the run as one of the FBI’s "Most Wanted" fugitives. Officials believe he acquired them at gun shows or from private sellers. 

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  • Expert: US in cyberwar arms race with China, Russia

    Rick Wilking / Reuters file

    First Lt Michael Newman examines a server rack that is isolated from the Internet at the Air Force Space Command Network Operations & Security Center at Peterson Air Force Base in Colorado Springs, Colo., in July 2010.

    The United States is locked in a tight race with China and Russia to build destructive cyberweapons capable of seriously damaging other nations’ critical infrastructure, according to a leading expert on hostilities waged via the Internet.

    Scott Borg, CEO of the U.S. Cyber Consequences Unit, a nonprofit institute that advises the U.S. government and businesses on cybersecurity, said all three nations have built arsenals of sophisticated computer viruses, worms, Trojan horses and other tools that place them atop the rest of the world in the ability to inflict serious damage on one another, or lesser powers.

    Ranked just below the Big Three, he said, are four U.S. allies: Great Britain, Germany, Israel and perhaps Taiwan.


    But in testament to the uncertain risk/reward ratio in cyberwarfare, Iran has used attacks on its nuclear program to bolster its offensive capabilities and is now developing its own "cyberarmy," Borg said.

    Borg offered his assessment of the current state of cyberwar capabilities Tuesday in the wake of a report by the American computer security company Mandiant linking hacking attacks and cyber espionage against the U.S. to a sophisticated Chinese group known as “Peoples Liberation Army Unit 61398.

    According to a new White House report released today, cyber spying and other forms of economic espionage are a growing national security threat – especially from China, where hackers are able to quietly and discreetly acquire source code from U.S. companies. NBC's Andrea Mitchell reports.

    In today’s brave new interconnected world, hackers who can defeat security defenses are capable of disrupting an array of critical services, including delivery of water, electricity and heat, or bringing transportation to a grinding halt. U.S. senators last year received a closed-door briefing at which experts demonstrated how a power company employee could take down the New York City electrical grid by clicking on a single email attachment, the New York Times reported.

    U.S. officials rarely discuss offensive capability when discussing cyberwar, though several privately told NBC News recently that the U.S. could "shut down" the electrical grid of a smaller nation -- Iran, for example – if it chose to do so.

    Borg echoed that assessment, saying the U.S. cyberwarriors, who work within the National Security Agency, are “very good across the board. … There is a formidable capability.”

    “Stuxnet and Flame (malware used to disrupt and gather intelligence on Iran's nuclear program) are demonstrations of that,” he said. “… (The U.S.) could shut down most critical infrastructure in potential adversaries relatively quickly.”

    China, Russia have different priorities
    Borg said China and Russia have similar capacity to cause mayhem, but have different priorities and skill sets.

    usccu.us

    Scott Borg says the U.S. possesses a 'formidable capability' to wage cyberwar.

    “Russia is best at military espionage and operations,” he said. “That's what they have focused on for a long time. China is looking for crucial business information and technology. China's main focus is stealing technology. These things quite separate. You use different tools on critical infrastructure than you use for military espionage and different tools again on stealing technology."

    Borg said that each has its strong suit. "The Russians are technically advanced. The Chinese just have more people dedicated to the effort, by a wide margin,” he said. “They are not as innovative or creative as the U.S. and Russia. China has the greatest quantity, if not quality."

    Borg said the group featured in Mandiant’s report, the People’s Liberation Army Unit 61398, may be one of the most important groups working in China, but not necessarily the most important.

    "There are at least two dozen groups carrying out aggressive operations against the U.S.,” he said. “They get in each other’s way and trip over one another, but they are all operating with the tacit approval of the Chinese government.

    "They're not cooperating with each other because they don’t share capabilities," he added. "One group has good programming, but is bad at access or targeting." 

    The Chinese hacking efforts are so broad, Borg said, that the highest-ranking Chinese officials “almost certainly do not know what all the groups are doing,” or the consequences. As a result, he added, they have been embarrassed by reports like the one in Tuesday’s New York Times, which first reported on the Mandiant assessment.

    China is the most likely of the superpowers to leave a calling card, making their work the easiest to track. "China is very arrogant in its authorship of cyberweapons,” Borg said. “It does little to conceal its identity."


    That’s in sharp contrast to the Russians, who he noted are not above writing code in Chinese to throw off investigators.

    While the U.S. could respond to ongoing cyberattacks from China and Russia by shutting down the power grid of "any of its adversaries” and causing severe physical damage, Borg said it is encumbered by several factors.

    One is its vulnerability to cyberwarfare as the world’s most networked nation, he said.

    And from a geopolitical standpoint, Borg said, the U.S. would not want to badly damage the economy of either China or Russia. In fact, he said, the U.S. would almost certainly have to incorporate protections for critical systems like the power grid in any cyberattack.

    Also, detecting the source of hostilities is not always easy, Borg said, as cybertracks are not as easy to follow as missile tracks. That means “mutually assured destruction,” the main strategic tenet of the Cold War, is problematic at best when talking about cyberwar, he said.

    "It might be difficult to determine proportionate response,” he said. “It might not be simple to attack the attacker.”

    For example, policymakers may think an attack has been carried out by the Chinese, when it was actually the work of the Russians or a rising power in the cyber world, like Iran. That is why intelligence -- getting insight into these operations -- is more important in a crisis than cyberforensics, which can take longer and not be as certain.

    "There is no MAD in the Cold War sense," he said, "You can’t be 'assured' of attribution. The attack can be anonymous. It can be spoofed," or disguised as coming from another source. 

    Iran developing 'serious capability'
    The U.S. first began to develop its own offensive capabilities 20 years ago when several strategic thinkers, particularly at the Naval Post-Graduate School, began to see the possibilities. It was not so much a strategic priority, but more "people familiar with electronics and hackers exercising their imagination." (Borg says one of those thinkers, Winn Schwartau, used fiction to discuss the threat and the possibilities, in a 1991 book, "Terminal Compromise.")

    While the U.S. has the means to respond and to defend itself, Borg notes that some countries have no recourse. He cited the Russian invasion of the Republic of Georgia in August 2008, when the Georgian government and media infrastructure was quickly compromised.

    What was particularly interesting, Borg said, was that the Russian military and intelligence services weren’t directly involved.

    "The first wave was carried by organized crime," he noted. "The second wave was carried out by a (hacker) group organized though social media.” He said Russian hackers could download the attack software from a variety of popular sites, including dating and gun-collecting websites.

    In both cases, Borg concluded, the organizers apparently were tipped off early about the timing of Russian military operations, he said.

    The attack on Georgia also illustrated another aspect of cyberwarfare, Borg said, noting that Georgia, Estonia and Lithuania afterward formed a cyberalliance, leaving them in a better position to deal with future assaults.

    That also appears to be the case with Iran, which recently announced that it decided to establish cyber army and claimed to have 4,000 to 5,000 military personnel involved in defensive and offensive operations. That isn’t all bluster, Borg said, noting that when the U.S. leveled new sanctions on Iranian banks last year, U.S. banks suddenly came under attack.

    "Iran is developing a serious capability," said Borg. “It's exaggerating the present capabilities, but it’s working toward the future."

    That’s especially troubling because the risk of smaller nations waging cyberwar against one other may be higher than with the online superpowers, he said.

    He cited reports indicating that Iran may have been behind what he called one of the more serious cyberattacks to date -- an assault last August on the Saudi Aramco computer network that disabled more than 30,000 computers used to control the flow of Saudi oil. The Saudi Interior Ministry blamed "foreign countries" for the attack.

    Borg said he believes the attack was an "Iranian fundamentalist attack ... at some point loosely the under auspices of Iran, and blessed by Iran. The fundamentalist group made a claim of responsibility. ... “Based on technical analysis, the claim has credibility."

    For that reason, Borg says he is less worried about the possibility of China or Russia launching a catastrophic attack against the U.S. than he is about the emerging cyberpowers.

    “What I’m really concerned about isn’t Russia or China, but attacks from Iran or terrorist groups working with state actors,” he said.

    More from Open Channel:

     Lights, cameras, reaction: Resistance builds to red-light cameras

    Suburban Chicago cops allowed to work 'half drunk,' investigation shows

    GAO: Climate change poses big financial risk to federal government

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  • Lights, cameras, reaction: Resistance builds against red-light cameras

    Currently 21 states and Washington, D.C., use automated cameras at traffic intersections to catch violations such as running through red lights and stopping over white lines. While the cameras bring in thousands of extra dollars, drivers and some government officials argue they are inaccurate and rip people off. NBC's Tom Costello reports.

    Drivers dread it -- that flash as they try to speed through a yellow traffic light. It’s a red light camera, and a signal that a ticket is on the way.

    A rarity 15 years ago, red light cameras have become ubiquitous in many U.S. cities. Communities in 24 states and Washington, D.C., now use the cameras to try to decrease illegal -- and sometimes deadly -- traffic violations. Supporters say it’s worked.

    "In the last five years we went from 54 traffic fatalities to 19,” said Cathy Lanier, police chief in Washington, D.C., which began using the cameras in 1999. “I mean, that's dramatic!”

    Red light cameras are one piece of a growing network of automated traffic enforcement. Cameras now monitor speed, bus and high-occupancy-vehicle lanes and intersections with stop signs. Proponents like Lanier say they help to deter accidents, nab violators and allow states and municipalities to keep an eye on the roads for less.


    But critics of red light programs worry about the Big Brother aspect of using cameras instead of cops. Many also say cameras, which are generally run by private companies, have spread not because they make streets safer, but because they mean profit for cities and companies.

    “What the issue really comes down to is these companies are ripping people off by hundreds of millions of dollars, in the name of caring about our safety and our health and our kids,” said New Jersey Assemblyman Declan O’Scanlon, who has introduced anti-red light camera legislation to the state Legislature.

    Recent news stories have fueled opposition. In Chicago, an alleged pay-to-play scandal led the mayor to ban one company from bidding for future contracts. Millions were spent on pro-camera lobbying in Florida and other states. In Iowa, doubts about the constitutionality of using cameras as traffic enforcers led a state senator to introduce a bill to ban red-light cameras – a move already taken by at least nine other states.

    What does science say?
    Red light violations were associated with some 700 deaths and nearly 90,000 injuries in 2009, according to a study based on data reported to the National Highway Traffic Safety Administration. Fatalities and injuries have decreased in recent years, the study shows.

    Researchers, however, are divided on how much red light cameras increase safety.

    Charlie Neibergall / AP file

    Traffic passes a red light camera at an intersection in Clive, Iowa.

    In 2011, the Insurance Institute for Highway Safety, a nonprofit research group funded by the insurance industry, released a study that found red light cameras decreased fatal accidents by an estimated 24 percent in large cities that use them.

    But a 2005 Federal Highway Administration study painted a more nuanced picture. Data from seven jurisdictions showed a decrease in front-into-side crashes at intersections with cameras. But it also showed an increase in rear-end crashes. The researchers said that apparently was the result of drivers hitting the brakes to avoid a ticket. Overall, however, the research showed the cameras saved money by both decreasing the most serious accidents, and generating revenue.

    However, the FHA says that red light cameras shouldn’t be a knee-jerk traffic enforcement option. The agency issued a number of recommendations regarding the implementation of red light cameras, saying cameras should be considered only after engineering solutions have failed in problem intersections. Among the possible solutions, it says: Give drivers more cushion. Increasing yellow time by one second, it found, can result in a 40 percent decrease in crashes in stoplight-controlled intersections.

    “It all hinges on proper yellow light time,” said John Bowman, communications director of the National Motorists Association, a drivers advocacy group. “If yellow lights are set properly, based on established traffic engineering, red light cameras are unnecessary because you almost automatically have low numbers of violations and low numbers of accidents. If you shorten those yellow light times beyond bare minimums, that’s when you start to generate more accidents and more violations.”

    Problematic cameras
    A yellow light in Cary, N.C., had Howard Bond seeing red.

    Last year Bond’s son was issued two different tickets for turning left on a red light at an intersection. But when Bond watched videotape of the alleged traffic offenses, he saw that in both instances his son had legally turned left on a flashing yellow light. The town had recently switched to a flashing yellow at the intersection, but Redflex, the private company running the cameras, kept treating it as a red, Bond said.

    Each time, Bond, who lives in nearby Chatham County, went to the office that issued the tickets to complain. Each time, he said, his tickets were dismissed but the larger issue was ignored.

    "I just basically stood there and said, ‘No sir, you’re going to look at the video,’” Bond told NBC News. But law enforcement officials told him he would have to attend a hearing to contest it.

    "I said 'We’re not going through all that,'” Bond said. “He started hee-hawing around. Then he looked at the video and said, ‘This is wrong.’"

    After a local television news station approached town officials with Bond’s tickets, details emerged about tens of other tickets wrongfully issued in Cary by faulty red light cameras last year. A review of its red light cameras found that cameras in one intersection had generated at least 31 false violations, many of which led to $50 tickets.

    Town officials told the Raleigh News and Observer that Redflex had failed to report the error to the town. 

    But Jody Ryan, spokesperson for Redflex, said the company took action as soon as it discovered the wrongful tickets.

    “In this situation, changes were made by the Town of Cary to the traffic light phases without Redflex Traffic Systems, Inc. knowledge,” Ryan said. “Because we were unaware of these changes, our systems triggered a set of false positives.  Once we were notified of the issue Redflex either dismissed or refunded all the affected citations on behalf of the Town of Cary.”

    While major cities can make millions off red light cameras, in some contracts red light camera companies keep the majority of funds paid by violators. Redflex’s contract with Cary, for instance, allowed the company to keep 88 percent of the money generated by red-light camera tickets in Cary. Between April 2004 and July 2012, ticketed drivers paid $5.7 million to the company, and $646,000 to the Wake County Public School System, which received the city’s proceeds.

    The controversy led town officials to abandon its red-light camera program altogether.


    Cary is one of a number of communities, including large cities such as Houston, that have recently abandoned their camera programs amid opposition from residents.

    Dollars and cents
    About 700 municipalities in the country have cameras. One of the most prominent companies, Redflex, had about 2,000 cameras in operation around the nation in 2011, bringing in over $92 million in revenue, according to its annual report. American Traffic Solutions, another big player in the industry, reports more than 3,000 road safety systems installed in the U.S. and Canada, which include red light cameras.

    Red light cameras can also pull in big revenues for cities. An investigation by NBC 4 in Washington, D.C., found the Capitol region drivers received tickets with at least $18 million dollars in fines in one year attributable to the cameras. NBC 5 in Dallas found a single camera in Arlington, Texas, generated $2.5 million over four years.

    NBCDFW.com: Red light cameras make millions

    Communities continue to adopt the technology. In 2011, East Cleveland residents voted to keep red light cameras. Last year, New Jersey’s Pohatcong Township voted to extend its contract with Arizona-based American Traffic Solutions.

    “The bottom line is that those who oppose cameras are the minority,” said Charles Territo, spokesperson for American Traffic Solutions. He added that American Traffic Solutions doesn’t issue tickets: a police officer reviews each image before issuing a violation. According to ATS, about 50 percent of traffic “events” each year are rejected before a violation is issued.

    “The majority of voters around the country know the dangers of red light running,” Territo said. “Nobody likes to get a ticket, but cameras are used in a number of places around the country and the world. They’re used to help police officers do their job.”

    But cameras have faced increasing opposition from drivers who object to the automated systems for many reasons, including the inability to confront their accuser in court. Facing pressure from constituents, local and state politicians in Iowa, Florida, New Jersey and other states have recently introduced measures to change or end the camera programs.

    Other controversies have raised questions about red light cameras. Problems with short yellow lights, which may increase the number of tickets issued, have surfaced in cities from California to Tennessee. Judges in Baltimore have castigated the city and thrown out tickets after finding the city had shortened yellow lights below recommended limits. Last summer, the New Jersey Transportation Department ordered 21 red light programs suspended after finding yellow-light timing issues. Meanwhile, camera companies have sued, or threatened to sue, cities who back out of contracts. And they’ve been investigated for possible pay-to-play schemes with local governments. 

    “They’re very aggressive in terms of lobbying for favorable legislation or favorable court cases,” said Bowman of the National Motorists Association. “It’s big business, and there’s a lot of money at stake.”

    Last October, Chicago Mayor Rahm Emanuel barred Redflex from re-bidding on the city’s red-light camera contract after a Chicago Tribune investigation found that Redflex company executives and lobbyists had paid for hotel rooms and spent thousands on entertainment for the city official overseeing the red light program.

    Chicago’s red light cameras raised big revenues for the city. Redflex has operated a red-light program in the city since 2003, generating about $300 million in fines for the city and $97 million in revenue for itself. Redflex. Residents in the city have long complained about discrepancies between yellow light times in the city and its suburbs.

    “We authorized an internal investigation and, though the inquiry is not complete, have learned that some Redflex employees did not meet our own code of conduct and the standards that the people of the City of Chicago deserve,” said Ryan, Redflex spokesperson, of the Chicago case. “We will take corrective action and make additional information public.”

    Automated traffic enforcement companies spend millions persuading local and state lawmakers to expand programs, using lobbyists, municipal partners and nonprofits to advance the cause. After spending $1.5 million lobbying Florida lawmakers over four years, American Traffic Solutions became the main-red light camera supplier in the state, winning contracts in more than 65 cities.

    Territo, the spokesperson for American Traffic Solutions, defended efforts to expand red light camera programs, which he emphasized are above all about safety. “Just as opponents of red-light safety cameras fund efforts to remove cameras, we expend resources on efforts to defend them,” he said.

    Recognizing growing opposition to red light enforcement technologies, companies are looking to new markets. Both Redflex and American Traffic Solutions have active speed cameras in various markets, though 12 states have banned the technology. Both companies have also started programs to enforce rules prohibiting drivers from going around stopped school buses.

    Redflex recently became the nation’s largest provider of school bus arm cameras, which catch drivers who speed past the stop signs that swing out from the side of school buses. The company has launched 10 pilot programs in six states. 

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  • Suburban police officers allowed to work 'half-drunk,' Chicago investigation reveals

    View more videos at: http://nbcchicago.com.

    Do you think your police department has a zero-tolerance policy for alcohol?

    Think again.

    Many suburban Chicago departments actually have clauses in their union contracts which prevent any kind of discipline for officers with substantial amounts of alcohol in their systems -- even those nearing the state definition of legally drunk, an investigation by the Better Government Association and NBC Chicago reveals.

    Read original story, watch video on NBCChicago.com

    "I worry about it every day," said Sam Pulia, the mayor of west suburban Westchester, Ill.


    Pulia, himself a former Westchester police officer, tried unsuccessfully to stop ratification of his department’s union contract which only allows discipline against officers when they hit an alcohol level of .05.

    "I could argue that you are half-drunk," Pulia said. "I still believe that police officers are held to a higher standard."

    Pulia argues that no one with alcohol in their systems should be driving a squad car or carrying a gun. And he thinks it sends the wrong message to officers to set a number which could be perceived as an allowable limit.

    Westchester is not alone. Other Illinois police officers in Forest Park, Glendale Heights, and South Barrington also have a limit of .05. In Elmwood Park and Oak Park, the limit is the state definition of legally drunk: .08 or higher.

    NBCChicago.com

    Click to see enlarged image.

    "I think it places the city at great risk," said Walter Zalisko, a retired police chief who now runs Police Management Consultants International in Fort Myers, Fla. "Zero would be the wise choice, that you can’t have any alcohol."

    But how much alcohol really is too much? Although the Illinois State Police and Cook County Sheriff have set their limits at zero, many police departments say they believe some low limits must be built in to allow for incidentals such as a glass of wine at dinner before the overnight shift or even a shot of cough medicine.

    "People who are more used to drinking will have less impairment," said Dr. David Zich of Northwestern Memorial Hospital in Chicago. "However, we still believe in subtle testing, that there really is no safe level at which no impairment occurs."

    Indeed, Zich says scores of studies have indicated that even at lower blood alcohol levels, some kind of impairment occurs -- especially regarding drowsiness, tasks requiring divided attention, or "tracking" activities, which would include driving a car.

    "There have literally been hundreds of studies since the 1950s," Zich said. "Even at low levels, you cannot reliably perform without impairment."

    James Fell agrees. Fell is a senior research scientist for the Pacific Institute for Research and Evaluation in Calverton, Md., and he says "impairment, and especially impairment for driving, starts at the first drink."

    Fell’s organization conducted a study which found drivers 21 and older, with a blood alcohol level of .02 to .049, were three to four times more likely to be involved in a fatal single-vehicle crash.

    Even the state’s own definition of "legally drunk" seems to be in the minority, when compared to other nations around the world. Among countries responding to a World Health Organization study, 28 percent set their blood alcohol content (BAC) limit at zero to .03. Another 39 percent set limits between .04 and .06. Only 26 percent of the nations surveyed have adopted higher limits.

    While Pulia expressed outrage at his community’s standard, his police chief insisted that even if she can’t discipline an officer for blood alcohol levels below .05, she won’t let them get in a squad car.

    "We’ve never had a problem," said chief April Padalik. "We would follow policy and procedure, and that employee would be removed from duty."

    Padalik indicated the officer would be sent home. Pulia said he found that idea encouraging, but that he still believed such officers should be disciplined.

    "Paying someone a salary for being sent home for consuming alcohol certainly does not sit well with me or the public who ultimately bear the costs," he said. "Alcohol/drugs and cops don’t mix."

    Officials in Oak Park and Elmwood Park, where the limit was set at .08, insist they likewise would not tolerate an officer with lower levels of alcohol, even if they can’t discipline him for showing up at work in an impaired condition.

    "If those test results come in in anything greater than zero, we are not going to put that officer on the street," said Paul Volpe, the Elmwood Park Village Manager. "We have a zero tolerance policy."

    Volpe said the officer would likely be put on desk duty.

    The Chicago Police Department sets its blood alcohol limit at .02. This week, the City of Chicago agreed to a $4.1 million settlement, payable to the family of a man shot by a police officer who reportedly had been drinking prior to his shift.

     

    NBCChicago.com

    Click to see enlarged image.

    The Better Government Association promotes reform through investigative journalism, civic engagement and advocacy. 

  • Mystery company so far successful in court battle to quash consumer complaint

    Consumer advocates are outraged over the success a mystery company is having in keeping secret not only its identity but also the nature of a complaint against it and even what kind of product it makes, Fair Warning says in an update on the case.


    The case, which NBC News’ Bob Sullivan wrote about in Red Tape Chronicles a year and a half ago, involves a consumer-complaints database launched by the Consumer Product Safety Commission.  The database, available through the website SaferProducts.gov, is intended to make it easier to find consumer complaints about products and services.

    “For the first time, relatively raw complaints -- not complaints vetted or confirmed by the government agency – were made public,” Sullivan wrote at the time.

    But that didn’t sit well with “Company Doe,” which sued the commission to prevent release of a complaint against it.


    Company Doe has so far succeeded, with a federal judge last July blocking the commission from posting the complaint and allowing the company to remain anonymous, Fair Warning reported. What’s more, large sections of the judge’s ruling were itself blacked out.

    Then the commission decided not to appeal, so consumer groups in December asked an appeals court to intervene, saying the secrecy violated the public’s right to information. Now Company Doe is challenging the consumer groups’ right to appeal.

    Read more in Fair Warning’s report.    

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  • GAO: Climate change poses big financial risk to US government

    Mike Groll / AP file

    In this aerial photo, people walk amid the destruction left in the wake of Hurricane Sandy, on Oct. 31 in Seaside Heights, N.J.

    The federal government is facing significant financial risks related to extreme weather events, and states and cities can no longer depend on it for extra help after such events occur, the Republican chairman of House Oversight and Government Reform Committee said Friday.


    The warning from Rep. Darrell Issa, R-Calif., came at a press conference about the release of a new report by the Government Accountability Office, which identified “climate change” on its 2013 list of items presenting high risk to the federal government.

    The report said the federal government faces financial challenges from climate change, including the costs of weather-related damage to property it owns, losses through flood insurance and crop support programs, and costs of emergency aid in disasters.

    “These events are primarily the responsibilities of the cities and states,” Issa said at the news conference. “And I will point out that we can no longer assume that the federal government will come in with an emergency supplemental [funding] every time there is an [extreme weather] occurrence. We have a responsibility to be proactive: Proactive in asking the states and the cities to be prepared to meet more of these requirements.  Proactive in making sure that we withhold the funds, either through insurance funds or through actual appropriations, that are appropriate for the real anticipated events.”


    The GAO noted that the Federal Emergency Management Agency is on the hook for more than $80 billion in aid for disasters declared during the 2004-2011 fiscal years -- and the White House asked for more than $60 billion in aid to help the East Coast recover from Hurricane Sandy.

    Read the GAO report in PDF form

    And yet, the report says, the government has not been coordinating a response to climate change among its agencies --- partly a problem of the complexity of the issue. The report advises that a strategic plan be developed, directed at common goals for all federal agencies.

    The report is a biennial assessment of government operations it deems at high risk for fraud, waste, abuse and mismanagement or as otherwise "needing broad-based transformation." Some of its other recommendations:

    • Develop a better understanding of how a changing climate will affect the large federal flood and crop insurance programs. For instance, the report said, sea-level rise and long-term erosion should be considered when flood maps are updated.
    • Develop a federal approach to providing climate data to state and local governments so they can make better decisions.
    • Develop better criteria for FEMA to assess a jurisdiction's ability to recover on its own after a disaster.

    In a related issue, the report also says looming gaps in coverage by polar-orbiting weather satellites could affect forecasts and "warnings of extreme events."

    The satellites provide a global perspective each morning and afternoon. The report said the National Oceanic and Atmospheric Administration has acknowledged there could be a gap of 17 to 53 months between the time the current afternoon satellite fails and the time a new one can be launched to replace it. 

    The report also noted that the risk of a gap exists in coverage by the satellite in the morning orbit -- if the Department of Defense's next satellites don't work as intended.

    The report said NOAA officials believe these gaps "would result in less accurate and timely weather forecasts and warnings of extreme events, such as hurricanes, storm surges and floods."

    After the report’s release, members of the House Oversight and Government Reform Committee held a news conference at which both Democrats and Republicans acknowledged the government’s significant fiscal exposure as a result of weather related disasters.

    Issa called it a “nonpartisan” issue, while ranking Democrat Rep. Elijah Cummings, D-Md., labeled the GAO report “a wake-up call” for Congress to start paying attention to impacts of climate change.

    In total, the GAO report listed 30 federal programs and operations on its high-risk list. Climate change risk and the weather satellite gap were both new additions. Management of interagency contracting and IRS business systems modernization both were removed from the list because the GAO decided that sufficient progress had been made to address past vulnerabilities.

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  • Koch-funded charity passes money to free-market think tanks in states

    In 2009, a network of online media outlets began popping up in state capitals across the nation, each covering the news from a clearly conservative point of view. What wasn’t so clear was how they were funded.


    “The source is 100 percent anonymous,” said Michael Moroney, a spokesman for the Franklin Center for Government and Public Integrity, the think tank that created the outlets.

    In fact, 95 percent of Franklin’s revenue in 2011 came from a charity called Donors Trust, according to Internal Revenue Service records.

    Conservative foundations and individuals use Donors Trust to pass money to a vast network of think tanks and media outlets that push free-market ideology in the states — $86 million in 2011 alone. The arrangement obscures the identity of the donors wishing to keep their charitable giving private, especially “gifts funding sensitive or controversial issues,” according to the group’s website.


    The $6.3 million donation to the Franklin Center was the second-largest gift made in 2011 by the group, a tax-exempt “public charity” that takes tax-deductible donations from donors “dedicated to the ideals of limited government, personal responsibility, and free enterprise,” according to its website. 

    Donors Trust includes 193 contributors, the majority of whom are individuals. “A lot of donors are flying totally under the radar,” says president and CEO Whitney Ball.

    Donor-advised fund
    Since its founding in 1999, Donors Trust and its affiliated organization, Donors Capital Fund, have distributed nearly $400 million, becoming major vehicles for tax-exempt giving from wealthy conservatives such as billionaire industrialist Charles Koch.

    Koch is among an exclusive pool of donors who have used Donors Trust as a “pass-through,” says Marcus Owens, the former director of the IRS Exempt Organizations Division, now in private legal practice. “It obscures the source of the money. It becomes a grant from Donors Trust, not a grant from the Koch brothers.”

    Ball helped found Donors Trust in 1999 as a “donor-advised” fund. Donors can open an account and protect their identity from the public and even the recipient of their grants.

    In addition, donor-advised funds offer contributors an extra level of control over where their money ends up, which seeks to remedy what Ball sees as the tendency for foundation money to “drift left.”

    This was a chief concern of Daniel Searle, the late philanthropist and pharmaceutical executive who was one of Donors Trust’s early board members.

    In 1998, with help from Donors Trust co-founder and board chairman Kim Dennis, Searle established an endowment called the Searle Freedom Trust, now worth $114 million, which has in turn given generously to Donors Trust.

    ‘Great guys’
    The Searle Freedom Trust is one of dozens of conservative foundations that have given tens of millions of dollars to Donors Trust from 2001 to 2011. Among the group’s donors is the Knowledge and Progress Fund, a Wichita, Kan.-based foundation run by Charles Koch.

    The foundation gave almost $8 million to Donors Trust between 2005 and 2011.

    Where those funds ended up is a mystery, though some of the recipients, including the Mercatus Center and the Institute for Humane Studies based at George Mason University in Virginia, have also received major funding from foundations set up by Charles Koch and brother David.

    Brendan McDermid / Reuters file

    David Koch is shown in New York on Dec. 10. In 2010, nearly half of the revenue for David Koch's Americans for Prosperity Foundation came from Donors Trust, in the form of $7.6 million in grants.

    Nearly half of the revenue for David Koch’s Americans for Prosperity Foundation came from Donors Trust in 2010, in the form of $7.6 million in grants.

    Representatives for the Koch foundations did not return  calls for comment. 

    Before Donors Trust, Ball was the director of development for the libertarian Cato Institute, which Charles Koch was instrumental in founding.

    “We think they’re great guys,” she says of the Kochs, “but if they weren’t around, we’d still be successful.”

    At a private Koch fundraising meeting in the summer of 2010, Donors Trust hosted cocktails and dessert for what Ball called a “target-rich environment” of wealthy donors.

    Several wealthy conservatives who have attended Koch fundraising parties have Donors Trust accounts, including Amway co-founder and longtime booster of conservative causes Richard DeVos; hedge fund billionaire Paul Singer; and Philip Anschutz, owner of the conservative Examiner newspapers.

    Dozens of other major conservative philanthropies have Donors Trust accounts, including the Lynde and Harry Bradley Foundation, the John M. Olin Foundation and the Coors family’s Castle Rock Foundation, according to IRS records.

    Money in the states
    For a decade, Donors Trust has bolstered the efforts of D.C.-based conservative think tanks, including Cato, the Heritage Foundation and the American Enterprise Institute — whose president, Arthur C. Brooks, is on the Donors Trust board.

    In recent years, it has taken a strong interest in the states, funding state-level think tanks and three national umbrella organizations that coordinate their activities:  the American Legislative Exchange Council, the State Policy Network (SPN), and the Franklin Center.

    “Gridlock” at the federal level of government means donors see “a better opportunity to make a difference in the states,” says Ball, who sits on the board of the State Policy Network.

    SPN has become a major recipient of Donors Trust money — receiving $10 million in the past five years.

    In 2011, the nearly $2 million in grants from Donors Trust made up about 40 percent of SPN’s revenue for the year, according to tax records obtained by the Center.

    In the past five years, Donors Trust money has gone to at least 51 state-level think tanks affiliated with SPN, located in nearly every state. Last year, SPN used the money to incubate think tanks in Arkansas, Rhode Island and Florida, where it hosted its yearly gathering in November.

    One workshop touted privatization of state and local government services. Another featured anti-tax crusader Grover Norquist. A third focused on how “property rights and markets provide the best way to protect the environment.”

    SPN also sponsors the American Legislative Exchange Council, another D.C.-based clearinghouse for state-level policymaking that gets support directly from Donors Trust.

    A laboratory for corporate-friendly laws in the states, ALEC hosts closed-door meetings where corporate lobbyists and state legislators meet to hammer out free-market legislation.

    Ten state-level think tanks got a total of $200,000 from Donors Trust to attend ALEC meetings in 2011 including the Michigan-based Mackinac Center and the Arizona-based Goldwater Institute, which introduced a raft of anti-union model bills at ALEC’s spring 2012 conference.

    The Mackinac Center has gotten $2.4 million from Donors Trust since 2008, according to the Bridge Project, a liberal think tank.

    One Donors Trust grant to Mackinac Center was earmarked for “statehouse reporting” efforts. Mackinac put the money toward a media machine of blogs and research studies making the case for the state’s new “right-to-work” law.

    The Mackinac Center works closely with other Donors Trust recipients, including the Franklin Center, which counts Mackinac’s “media” outlets in Michigan as affiliates.

    The Franklin Center, Mackinac and another major recipient of Donors Trust cash, Americans for Prosperity, co-hosted a day-long training for “citizen watchdogs” featuring speakers on “school choice” and “union reform” from the Mackinac Center and Republican state Rep. Tom McMillin, who is also an ALEC member.

    Against the tide
    The California-based Tides Foundation, which Ball calls the “ideological opposite” of Donors Trust, also operates donor-advised funds. The Center has received funding from the Tides Foundation in the past.

    In 2011, Tides raised $91 million and made $96 million in grants, including $26 million to overseas recipients.

    Tides gives grants to the American Civil Liberties Union Foundation and liberal groups like the Center for American Progress and the National Resources Defense Council.

    Since 2010, the foundation has received $10 million from George Soros’ Foundation to Promote an Open Society, which has assets of $2.2 billion (Tides has assets of $142 million, and the Donors Trust funds have combined assets of $62 million.)

    Soros’ Open Society Foundations is a donor to the Center for Public Integrity.

    Soros’ foundation listed the specific recipient of its grants to Tides, including its largest gift, a $1 million grant for school nutrition programs. The largest foundations contributing to Donors Trust do not identify the ultimate recipient of their funds, records show.

    Donor-advised funds offer private foundations created by wealthy individuals several tax advantages and a degree of anonymity, but there are also advantages for recipients.

    The Franklin Center, for example, maintains a tax-exemption as a “publicly supported” entity.

    If the organization were perennially accepting 96 percent of its funding from a handful of wealthy donors “it would not count as public support” and could jeopardize its tax status, Owens said.

    Though its donors remain anonymous, the Franklin Center touts “transparency, accountability, and fiscal responsibility as its watchwords.”

    One of Franklin’s state-based blogs, New Jersey Watchdog, also received $50,000 from AFP in 2011, according to IRS records.

    In 2011 alone, Donors Trust helped the Franklin Center expand by funding state-based reporting projects in Illinois, Iowa, Missouri, Nebraska, Nevada, Ohio and Virginia.

    Recurring themes on the Franklin Center blogs include “union bosses,” “Marxian” senators and the perils of renewable energy.

    Franklin has noted that its journalists’ work had landed on major networks from Fox to MSNBC. The details of several stories offered by the Franklin-funded outlets have been called into question, however.

    One report from a New Mexico affiliate housed at a free-market think tank also funded by Donors Trust garnered national attention when it reported that millions of dollars in federal stimulus money had been allocated to non-existent congressional districts.

    The government database on stimulus spending had indeed listed non-existent districts as receiving funds, but The Associated Press reported that the problem was due to data errors and that “’phantom congressional districts’ are being used as a phantom issue to suggest that stimulus money has been misspent.”

    When asked to comment on the criticism, Franklin Center spokesman Moroney said: “Franklin Center adheres to the highest degree of journalistic integrity and we stand by our Watchdog.org reporting 100 percent. In this case, the Associated Press had it wrong.”

    The Center for Public Integrity is a non-profit independent investigative news outlet.  For more of its stories go to publicintegrity.org

     

  • Student accused of trying to rig college election with 'keystroke-logging'

    A former student candidate at California State University San Marcos has been arrested after being accused of attempting to manipulate votes, according to officials.


    Matthew Weaver, who ran for president of the Associated Students last year, is suspected of casting hundreds of fake votes.

    Weaver used "keystroke-logging" technology to steal user-names and passwords from other students, according to a criminal complaint.

    The FBI led a yearlong investigation of Weaver on suspicion of wire fraud and access device fraud.


    Last year, Weaver had four friends run for vice president positions, according to the complaint. He then allegedly cast hundreds of online votes for himself and his friends. But just hours before the voting ended, college employees found evidence of the alleged fraud.

    If the plan had succeeded, Weaver and his friends would have received a total stipend of $36,000 for their work in the student government.

    A spokesperson for the FBI said this case sends a strong message about computer hacking.

    “They may think that that's not a big thing. It won't get them in trouble,” said the FBI’s Darrell Foxworth. “And I'm here to tell you that it can get you in trouble. It can create big problems for you.”

    Weaver was also charged with unauthorized access of a computer. He appeared Friday in federal court, where a federal judge set his bond at $20,000, and ordered him to return to court later this month.

    NBC 7 San Diego could not reach Weaver for comment and a CSUSM spokesperson declined to speak about the situation because the FBI’s investigation is ongoing.

  • The faces behind the numbers: Six victims of long weekend's gun violence

    Family and friends remember 21-year-old shooting victim Rebecca Foley, a student at Savannah State University in Georgia, and grapple with her loss.

    Theirs are the faces behind the numbers. A hard-working college student shot in her prized car. A fun-loving 2-year-old accidentally shot by his brother. An aging rocker killed for a thousand bucks.

    A special weeklong examination of gun violence, gun ownership and gun legislation. NBC News journalists will report across "NBC Nightly News," "TODAY," MSNBC, CNBC, NBCNews.com, and more. The conversation will also extend across NBC News and MSNBC's social media platforms using the hashtag #GunsInUSA.

    As part of a special NBC News report, “Flashpoint: Guns in America,” NBCNews.com catalogued 91 shooting deaths across the country between Jan. 19 and 21, the weekend the nation marked the memory of Martin Luther King Jr. and ushered a president into his second term. While not a statistically valid sample, the snapshot of gun violence in America is intended to illuminate both the magnitude of the problem and the personal toll such violence inflicts at a time of national debate about gun rights and gun control in the wake of the Newtown, Conn., school shooting.

    The victims we found died during robberies, after arguments, in moments of despair. They were killed by loved ones, by strangers, by their own hand. Each story, in its own way, is heartbreaking. As the country awaits President Barack Obama’s State of the Union address on Tuesday night, we share a handful of them here:

    Rebecca Foley worked as a babysitter, office clerk and cater-waiter to put herself through college, and she scraped and saved to make her first big purchase: a 2006 cherry-red Volkswagen Beetle. The 21-year-old business student adored tooling around Savannah, Ga., with the windows down.


    Courtesy Sarah Shoup

    Rebecca Foley, left, leans against her VW Beetle with friend Sarah Shoup in this undated photo.

    On the evening of Jan. 21, she was driving home with her boyfriend of a year following behind in his own car after getting his nails painted because he lost a bet with her, police said. He got caught up in traffic and so she was alone as she piloted the car into her apartment complex’s parking lot, past the live oak trees and hanging moss, toward her tidy garden-level unit.

    What happened next is a mystery, but the boyfriend told police that when he finally caught up, he found the little red car stopped at a bizarre angle and Foley slumped over the steering wheel. She had been shot, apparently while the car was still moving, and would be dead within minutes. The rear, driver-side window was shattered by a single bullet that left a hole the size of a 50-cent piece. No arrests have been made, despite a $6,000 reward, and the motive is unknown.

    To family and friends, Foley’s violent end still seems unreal.

    “She never was around anybody who would put her in a bad situation. She never had any enemies,” said Alixandra Scalia, 20, a former roommate.

    Interactive map: A long weekend of gun deaths. Click to enlarge.

    Friends and family members use almost identical language to describe Foley, calling her a beautiful, hard-working young woman who was determined to put old family troubles behind her and realize her goal of a degree, grad school and a good job in the risk-management industry.

    Born in Charlotte, N.C., and raised in rural Virginia and Georgia by her divorced mom, Foley played the violin at 4 but didn’t read until second grade, after she was diagnosed with attention-deficit disorder. She had a rocky relationship with her mother, Jennifer, and moved out when she was 17.

    “She said, ‘I can’t live under your roof and I won’t.’ But she graduated high school, which doesn’t always happen in these cases, and she went on to college,” her mother told NBC News.

    She bounced between several colleges and overcame academic setbacks before enrolling full-time at Savannah State University, where she hit her stride. Her mother said she “worked her butt off” to stay on track, and one of her professors wrote that she was a “joy to work with.”

    She would rise at 4:30 some mornings to fit in work in a local insurance office before school. She kept her credit score on a Post-it note and cooked dinner with a friend every night to save money.

    At Christmas, she splurged a little on her “very first cruise” to the Bahamas, said one of her bosses, insurance agent Mitchell Bush. She dreamed of buying a fixer-upper on Tybee Island, an island town near Savannah.

    “We had just talked about that on Sunday -- and Monday she was dead,” said her grandmother, Lois Fowler.

    The night of the shooting, Foley’s two roommates were in the apartment when they heard her boyfriend banging on the door.

    “He was just saying, ‘Rebecca’s been shot and just kept repeating that,’” said Abbey Bernal, 22. “Medics tried to resuscitate her, and it was too late. I just saw them pull the sheet over her head.”

    Friends and family said they can’t believe they won’t see Foley’s flashing blue eyes and big smile again. They remember how she loved cream of potato soup, wore SpongeBob slippers and doted on her Shih-Tzu named Zoe.

    Jim Seida / NBC News

    Jennifer Foley holds a portrait of her daughter, Rebecca, inside her Calhoun, Ga. home.

    Foley’s mother said she and her daughter had grown closer in recent months and that Rebecca had called the day she was killed to ask what dishes would go well with a pork roast.

    And there was another conversation she remembered.

    “She called me not six months ago and said she had a dream that she was going to die young,” her mother said. “I told her, ‘I don’t think that’s true. I hope that’s not true.’”

    ******

    Family members say they’ll remember 2-year-old Travin Varise for how his chubby face would break into the sweetest smile, how excited he got every time “Finding Nemo” came on, how he went after a drumstick with gusto.

    And how he loved his big brother, Terrance.

    Family photo

    Travin Varise, 2, was fatally shot at his Baton Rouge, La., home on Jan. 21.

    “Terrance growed his little brother up,” his aunt, Juanita, said. “Before my sister knew who the baby’s father was, he raised him up like it was his son.”

    That’s why, the family says, it’s tragic that Terrance, 18, is now locked up, charged with accidentally killing the toddler while playing with a friend’s .357 Magnum at their Baton Rouge, La., home. He has not yet entered a plea.

    “It’s so hard,” said the boys’ mother, Yarnell.

    She was crying, but her voice took on an edge as she complained she had not been able to visit her eldest child because the jail is too far away. “I want him to know it’s going to be all right. I know he didn’t do it on purpose,” she said.

    Terrance was on probation after pleading guilty to burglary in May, but his mother said he was a “good dude” who had matured since then. His aunt said he didn’t carry a weapon – “We don’t allow guns in the house” – but had been hanging out with “the wrong crowd.”

    Terrance’s Facebook page, however, suggests an interest in guns. There’s a photo of a small arsenal laid out on a plaid bedspread, another where he is holding a silver revolver at his side, a third where he appears to be dangling a shotgun from one finger.

    East Baton Rouge District Attorney Hillar Moore says he sees pictures like that all the time after a young person is arrested for a violent crime.

    “Do you know where your guns are? Because young kids play with guns and bad things happen sometimes,” he said. “I think it’s video games and stuff – no one really dies and everyone wakes up the next morning. There’s a whole culture of kids not knowing it’s real.”

    Read Part 1: Death takes no holiday: Tracking gun violence over one long January weekend

    Terrance Varise is getting his fill of reality now. He’s being held on charges of negligent homicide, cruelty to a minor and weapons possession along with a probation violation. He was not allowed to attend Travin’s funeral.

    “He feels the pain and he’s going to live with this for the rest of his life,” his aunt said.

    His mother said she feels like she’s lost two children.

    “My father Jesus does things for a reason, but I don’t know what the reason is,” she said. “It’s a hurting feeling. I wouldn’t wish this on anyone.”

    ******

    “There are two dead people.”

    Those chilling words on a 911 call just after midnight on Jan. 21 were the last that anyone heard retired fire inspector William Liebrich utter. He hung up and then, police believe, shot his wife of 30 years, Colleen, before turning the 12-gauge shotgun on himself.

    When cops arrived at the Warwick, R.I., home they found a note on the front door saying it was safe to enter and that the couple’s two sons, Bill, 24, and Jeff, 21, should not be allowed in. There were also letters for the boys, unsigned but typed by William, police say.

    Before that, the sons said, it had been just like any other day. When Bill left for soccer practice, his dad told him, “Have fun. Be safe, bud.” Jeff watched TV with his dad before meeting friends.

    Family photo

    Colleen and William Liebrich, in an undated family photo.

    “The thing that was so shocking about the whole thing is that life was moving along as normal. There wasn’t a single red flag, there wasn’t anything to show that anything like this could possibly happen. … It still feels like a nightmare,” said Jeff, an information technology student.

    But life hadn’t been easy for Colleen. The once-active soccer and karate mom was mostly bedridden in recent months by a range of ailments: pancreatitis, osteoporosis, schizophrenia. She had suffered a seizure, memory loss, confusion and falls.

    Warwick Police Capt. Robert Nelson said her condition was not terminal, but Bill recalled his mother hitting “an all-time low, physically and mentally,” on Christmas.

    The brothers believe their parents decided together to end their lives. They said their father had never owned a gun and they assume he bought one to carry out a pact.

    “It wasn’t just the fact that, you know, she wasn’t getting better,” Bill said. “It was the fact that she was progressively getting worse.”

    The police are continuing their investigation into what they have tentatively ruled a murder-suicide and waiting for a trace on where the shotgun came from.

    Bill and Jeff are treasuring the good memories of their parents -- their dad playing secret Santa and giving money to families in need, the couple's love of animals, the launch of their mother's salon business, which she eventually gave up because of her health – while coping with sadness and anger.

    “I can see where my dad was coming from and I hate to say it like that because I don’t agree with what he did or how he did it,” said Jeff. “But I know what he was doing and the whole point was to put her out of pain, and he did that and she’s not in pain. So there’s a bittersweetness to it. “

    Asked if they felt the need to forgive their father, Jeff said, “Obviously our primary focus is that we don’t have our parents anymore. … And so as far as forgiveness, there’s no one there to forgive.”

    *****

    Her “baby” was turning 7 and Lydia Bradford wanted it to be a day she would remember. She had ordered the cake and was getting the house ready. Soon, the cousins would start arriving for the party.

    Her three daughters, including the birthday girl, were playing in the front of her Cocoa, Fla., house with another kid when a man with a ski mask burst in, police said. The terrified children fled as the intruder stalked to the rear of the small house and opened fire on Bradford, 24, and her mother Equaller, 58.

    The young mom was killed and Equaller Bradford, shot in the chest and head, is still clinging to life. The motive is unknown and there have been no arrests, though family members suggest the women may have been victims of mistaken identity.

    At Lydia Bradford’s funeral, relatives remembered her as a bubbly, carefree single mother devoted to her kids.

    Cocoa Police Dept.

    Lydia Bradford, 24, was shot dead by a masked gunman who burst into the Cocoa, Fla., home she shared with her mother on Jan. 21.

    “Lydia didn’t sweat the small stuff,” said her aunt, Yvonne Smith. “You could hate her, but she loved you back. She was as pretty on the inside as she was on the outside.”

    She supported her kids by working as a private-duty nurse. She had recently moved in with her mother and they were looking for a bigger place. Her weekends were full of cookouts and card games with family.

    When her uncle Melvin was feeling low after chemotherapy, Bradford’s smile would cheer him up, Smith said. She chuckled as she remembered her niece’s sweet tooth, how she tucked into the homemade sweet-potato pie, lemon meringue pie, banana pudding and cake at Thanksgiving – then complained she had eaten too much.

    Because she was a working mother, Bradford tried to make sure that holidays and birthdays were special for her girls. She was planning a Feb. 7 party at Chuck E. Cheese for all the cousins with January birthdays.

    “Instead, we were all at her funeral that day,” Smith said, her voice cracking. “I know things like this happen every day, but it’s just sad that someone don’t care no more for life and took my baby away from her girls.”

    She worries in particular for the 7-year-old.

    “That was her birthday and now she’ll associate that for the rest of her life with the day her mama was killed,” she said.

    ******

    The chain of events that led to Christopher Best’s death began when a big maple tree fell on the corner of his house in the Detroit suburb of Redford, Mich., in early January.

    Best, 61, a computer whiz who had done sound and lights for countless rock-and-roll shows in Motor City, hired an old buddy from the music scene, carpenter Chris O’Brien, to repair the roof.

    A few weeks later, on the evening of Jan. 21, Best drove to O’Brien’s Detroit home, with his dog Maxi in tow, to pay him $1,000. It was considered a relatively safe neighborhood, a historic district of Victorian homes, and Best had visited many times.

    Photo provided by friend

    Chris Best, a Detroit music engineer, was slain on Jan. 21 while delivering money to the home of a friend who had done some construction work for him. Police believe the motive was robbery.

    But this time, as Best got out of his car, he was “apparently ambushed” by robbers, police say. The sound of gunfire – O’Brien says police told him it was an AK-47 assault rifle-- shattered the dinnertime quiet on the tree-lined street.

    “A dozen shots came into my house,” O’Brien recalled. “They were going by both sides of my head. If I would have taken one more step, my head would have been blown clear off.”

    When the shooting stopped, he stepped outside and saw his friend of 30 years lying on his lawn. “It was cold that night,” O’Brien said. “I got down and put my arm under his head. He was gasping for air.”

    Best, he said, died in the ambulance. No arrests have been made, but police say the motive was robbery.

    An IT worker by day, Best’s passion was music. He played the guitar and keyboard and had a reputation as a reliable sound man in Detroit’s music joints. His obituary photo showed him mugging with Alice Cooper.

    “He was a good guy, a pretty wholesome guy,” O’Brien. “He wasn’t into drugs, which is amazing for the rock and roll business. He didn’t even drink anymore.”

    Best came from a large family; he was one of nine kids. And for years, the bachelor had been a foster parent, opening his home to young people in crisis and mentoring others, friend Sergio Sanchez said.

    “He had a big heart,” Sanchez said. “That’s why it’s so hard to believe they shot him down because if they had given him the chance, I’m sure he would have just given them the money.”

    ******

    It was just a fistfight.

    Steven Rosalez, 16, got into a scuffle with an ex-con, Julius Short, 23, as he left a store with his friends in Pittsburg, Calif., his family says. It’s not known what prompted the fisticuffs, but when the fight  was over, the teen and the older man, who was on probation, went their separate ways.

    The Rosalez Family

    Steven Rosalez, 16, was killed by gunfire on Jan. 21 after an altercation outside a store in Pittsburg, Calif., allegedly by an ex-con he'd fought with earlier in the day.

    That could have been the end of it. But according to police, Short wasn’t one to let it go. He got a gun, found Rosalez and shot him in the back and another 16-year-old in the leg, they said. The other boy survived, but Rosalez died.

    “It’s devastated the whole family,” his mother, Wynette, said last Wednesday as Short was arraigned on charges of murder, attempted murder and weapons possession. He has not entered a plea.

    She said her son was a happy boy growing up, always surrounded by friends and active in sports until he decided to give up football and baseball in the 10th grade. He was “kind of going through a little rough patch” and had run away from home once but had never been in trouble with the police, she said.

    He spent most of his free time with his girlfriend of four years and playing Xbox. He had two brothers and a cousin he treated like a third. He was finishing high school in an independent study program and taking classes at a local college.

    “He was loved,” she said, crying.

    Short has a 2009 conviction for assault with a deadly weapon and he was on probation at the time of the slaying, which made Rosalez’s mother angry.

    Complete coverage of "Flashpoint: Guns in America," an NBC News special report

    “I grew up around guns and nobody did this when I was a kid and now here are these people who are felons and on probation and they get guns,” she said. “It’s not right.”

    Also contributing to this story and map for NBC News: Daniel Arkin, Meredith Birkett, John Brecher, Bill Dedman, David Friedman, Kriss Chaumont, Polly DeFrank, Shezad Morani, Lisa Riordan Seville, Jonathan Sweeney and Lisa Wilkins.

    More from Open Channel:

    Follow Open Channel from NBCNews.com on Twitter and Facebook 


  • Death takes no holiday: Tracking gun violence over one long January weekend

    Interactive map: A long weekend of gun deaths. Click to enlarge.

    A special weeklong examination of gun violence, gun ownership and gun legislation. NBC News journalists will report across "NBC Nightly News," "TODAY," MSNBC, CNBC, NBCNews.com, and more. The conversation will also extend across NBC News and MSNBC's social media platforms using the hashtag #GunsInUSA.

    It was after midnight, early on a Saturday in the college town of Moscow, Idaho, and student Jason "Cowboy" Monson was at the police station to get back his Desert Eagle .45-caliber handgun.

    In McDonough, Ga., about the same time, two teenage brothers were still awake. A friend was sleeping over, and their mother had let the boys handle her .38-caliber revolver, which was unloaded. She'd gone to bed.

    In South Valley, N.M., it was quiet at the Griego household as 15-year-old Nehemiah waited for his father to come home from the night shift at a homeless shelter. The son was holding his father's AR-15 semi-automatic rifle.

    In the next few hours, the freshman in Idaho, one of the brothers in Georgia, and most of the Griego family would be dead, victims of three forms of gun violence — suicide, accident and murder — that are everyday occurrences in the United States.

    Their deaths, and scores of others, occurred over a holiday weekend, the third weekend in January, when America celebrated the memory of Dr. Martin Luther King Jr., a victim of gun violence. It also was the weekend the nation swore in a re-elected president whose inaugural address referred to guns, though he didn’t actually say the word: "Our journey is not complete until all our children, from the streets of Detroit to the hills of Appalachia to the quiet lanes of Newtown, know that they are cared for, and cherished, and always safe from harm."

    San Antonio Express-News via Zuma Press

    One of 91 deaths identified by guns across America on a long holiday weekend: Officers with the Bexar County, Texas, Sheriff's Office investigate the shooting death of Jesse Rosas, whose bullet-riddled body was found on the side of a road near San Antonio on Jan. 21. Police have not identified any suspects.

     


    By the end of the long weekend — after President Barack Obama had spoken and the red, white and blue confetti strewn along Pennsylvania Avenue had been cleaned up — at least 91 people across America had been killed by guns. That's more than three times the number of caskets needed in Connecticut after the shooting at Sandy Hook Elementary School. These 91 people died, not in a single burst of violence over a few minutes, but spread over a three-day weekend, like an autoworker stealing an entire convertible one part at a time to escape notice.

    In the aftermath of the Dec. 14 Newtown shooting, during a renewed national debate about gun rights and gun control, NBC News picked the weekend of Jan. 19-21 to examine gun deaths across America. Today and on Monday and Tuesday, we'll tell you what we found and introduce you to some of the victims and their families. We also invite you to look at our online map and to draw your own impressions from the stories of violence.

    We don't pretend to have found all the gun deaths over that weekend. There is no official census of gun deaths, and it takes the federal government many months to compile national crime and suicide statistics. We drew our list from the deaths that were reported in the press, and confirmed the details with authorities in all but a few cases. If you only want to know how many people are killed by guns on an average day in America, simply divide the annual figure, about 31,300, by 365 days, and there's your average: about 86 people a day.

    As part of a weeklong special report, "Flashpoint:Guns in America," NBC News charted every death attributable to firearms that we could find over the three-day weekend in January ending on Martin Luther King Jr. Day. We found that, as President Barack Obama was being sworn in for his second term, at least 91 people were losing their lives to gunfire.

    Why did we find “only” 91 in three days? The main reason is that hardly any suicides get reported in the media. Suicides by gun are twice as common as gun homicides. Some homicides don't get any publicity either. Unless a killer chooses a public place, annihilates an entire family or shoots up a Wal-Mart, he might not even get on a website, in the newspaper or on TV, not on a holiday weekend competing with the festivities in the nation's capital and the Ravens-Patriots and Falcons-Seahawks games. The Griego family massacre in New Mexico was the only incident that long weekend to get significant national news attention. It also could be that holiday weekends with NFL championships are safer, with so many young men – who are statistically far more likely to shoot someone — inside instead, watching the games.

    Guns by the numbers: how violence adds up

    Our goal was not, however, merely to count the deaths, but to share the stories of the people who died, to see what lessons one might learn from those whose deaths usually go unnoticed, that don't prompt the president to order the White House flag to half-staff.

    #####

    It's an inescapable conclusion, even from our small sample, that there are many ways to get killed with a gun in America.

    Based on interviews with police, prosecutors and family members in all but a few of the cases, we tallied 53 homicides where one person killed another. There were another three homicides where multiple people were killed. There were six murder-suicides, and six suicides. Five accidental shootings. Three shootings by police, and at least two by civilians in self-defense. That's 78 horrors with 91 dead. On a different randomly chosen weekend, the count might shake out differently.

    You can get killed throwing your daughter a 17th birthday party, if your angry estranged husband shows up. Without a gun, you might have an angry confrontation and maybe some tears. With a handgun, the birthday girl in Grapevine, Texas, lost her mother and father in a murder-suicide, police said.

    Or you can get killed buying a taco from a vendor on the street in Los Angeles, if you get into an argument with the wrong person, and that person has a gun.

    Or catching a train: A bystander was killed at a Bay Area Rapid Transit station in San Leandro, Calif., when a couple of gangs started trading shots.

    You can get killed spending an afternoon with grandma. Just as the president was beginning his inaugural address and talking about making children safe, a gunman in Cocoa, Fla., burst into a home before a children's birthday party, shooting to death the mother of several of the children and seriously wounding their grandmother.

    Or visiting a strip club. A U.S. Army soldier from Oklahoma's Fort Sill was killed outside a strip club during a dispute over a woman.

    Manatee County Sheriff's Office

    James Brady, 26, was shot and killed in Bradenton, Fla., Jan. 20, as he and two other masked men attempted to rob a resident in his carport, police said.  One alleged robber, Jared Lee, has been charged with felony murder in Brady's death. Authorities are seeking a third man, Charles Jones.

    You can get killed for what may seem like like a pretty good reason, if, as the National Rifle Association’s Wayne LaPierre put it after the Newtown shooting, you're a “bad guy with a gun” who happens to run into a “good guy with a gun.” There were two shootings by citizens that apparently were justified over the long weekend, including one by a man in Bradenton, Fla., who was ready with his own handgun and a concealed weapons permit when three armed robbers wearing masks confronted him and his roommate in their carport, according to police. He killed one of them, and authorities determined it was in self-defense. There also were three shootings by police officers that have tentatively been ruled as justified, including one in which an ex-con was shot dead after he threatened to kill his hostage following an armed robbery.

    Las Vegas Police

    Las Vegas Police Lt. Hans Walters, 52, killed his wife, former police officer Kathryn Michelle Walters, and their 5-year-old son, Maximilian, called 911 to confess and then set his house on fire on Jan. 21, according to police. Walters killed himself with the handgun as police moved in.

    But as we saw last week when a former Los Angeles police officer allegedly went on a murderous rampage against fellow law enforcement officers, the “good guys” aren’t immune to the demons that trigger gun violence. Over the inaugural weekend, a Las Vegas police lieutenant used a handgun to kill his wife, herself a former police officer, and their 5-year-old son, before killing himself, according to police, just as the president was taking his seat on the West Front terrace of the U.S. Capitol on Monday morning.

    You can get killed when your fists are outgunned, like the 22-year-old man who his family said was standing up for his friends in a brawl, when someone else pulled a gun and shot him dead, according to police. They were in Torrance, Calif., attending a punk rock festival headlined by a band called "Aggression."

    You can become an ironic headline, like the 20-year-old man in Lafayette, La., who was shot dead about 60 yards from the Martin Luther King Jr. recreation center, on Monday, the day when Dr. King's legacy of nonviolence was being celebrated. That shooting occurred about the time the Obamas left the White House for their inaugural ball.

    Or you can be ignored as just another victim of a street crime or a drug deal, barely making the local newspapers if you're killed in a "confrontation at a mobile home park" or "shot and killed in an argument in a parking lot."

    #####

    One of the surprises in our snapshot of gun violence was how young many of the victims were.

    Oregon State Police

    Kayla Ann Hendrickson, 16, was killed alongside an Oregon highway on Jan. 19, by her boyfriend, Jacob Allen Green, 24, after an argument, according to police. Green committed suicide near the California border, they said.

    Twenty of the 91 were too young to buy a beer at a baseball game. There's the 16-year-girl in Oregon named Kayla, who was shot to death by the highway, apparently by her 24-year-old boyfriend, who then shot and killed himself with the handgun, according to police. The 6-year-old girl in Cleveland —  her name was Navaeh, and her family called her "Nae Nae" — who somehow got her hands on what police said was the illegal handgun of her felon father, and shot herself in the face. The 18-year-old in Baton Rouge, Terrance, who was playing with a .357 Magnum; when it went off, the bullet missed him, and hit his 2-year-old brother, Travin, in the chest.

    It's hard to miss how male the victims are: Out of 91 dead, 75 were men or boys. And the men were even more likely to be the ones pulling the trigger.

    There's no way to count them all, but the press accounts of these deaths are sprinkled with deadly encounters fueled by drugs and alcohol. We didn't trace the race or ethnicity of victims or shooters for this project; though research indicates that blacks and Hispanics are more likely to be involved in gun violence. But the cases over this weekend were not limited to "urban" violence, with the deaths happening in cities and small towns and suburbs across many class and ethnic groups.

    Looking through the deaths from just that one weekend, one wonders how many of these deaths could have been prevented by the gun-control and gun-safety changes that are being discussed in Washington. There are no easy answers, but one can draw an overall conclusion: Because the types of gun deaths vary greatly, so the solutions would have to vary as well.

    David Hemenway, a professor of health policy and management at the Harvard School of Public Health, says it will require a national mindset shift to make big inroads into the number of gun deaths, similar to the change that occurred in how child abuse – a condition once considered so endemic that it couldn’t be addressed – was viewed after new laws against it were passed in the 19th and 20th centuries.

    "If it was in your safety to have a gun in the home, people in public health would try to get you to own a gun," he said last month at a forum on gun violence sponsored by the Harvard School of Public Health and the Reuters news agency. "But what evidence we have is that it's against your self interest."

    Improvement in mental health efforts, as proposed by the president, might make a difference, particularly in the 12 suicides and murder-suicides. But many of the cases will forever remain a mystery.

    Warwick, R.I., Police Capt. Robert Nelson, who is investigating the murder-suicide of a longtime married couple on the MLK Day weekend, said the law enforcement system is set up to find and punish wrongdoers, not determine root causes: “We don’t have clear motive, and you know, you rarely do,” he told NBC News. “… As seen around the country, when someone kills somebody else then kills themselves as a result of that, you very rarely have any clear motive.”

    In the Griego family massacre in New Mexico, as in the Newtown school shooting, there still is no clear understanding of what may have driven a young man to commit mass murder. Nehemiah Griego, 15, is facing murder charges in adult court. Police say the minister's son shot his mother and three younger siblings with a .22-caliber rifle as they lay in their beds early on that Saturday, then waited to shoot his father with the father's military-style AR-15 rifle.

    What about the proposal to take "weapons of war" — or assault-type weapons —  off the streets, as Obama put it? Police are reluctant to give out details of the type of weapon used in a crime, because that's the sort of fact that they can use when interrogating witnesses and suspects. You'll see a lot of "unknown" for gun type on our map, and we don't have reliable information in most deaths about whether a gun was purchased or owned legally. There are several cases in which guns were not possessed legally.

    The weekend of gun violence does leave an impression that few crimes are committed with the assault weapons whose legality is being debated in Washington. We saw one Detroit homicide where a witness said the gun was an AK-47, but police won't say one way or another. And Nehemiah Griego is said to have used a .22-caliber rifle, then a .223-caliber military-style AR-15 semi-automatic rifle.

    Most of the killing, however, is done with handguns that are not on the political radar, one or two victims at a time, not crimes that depend on high-capacity magazines with more than 10 bullets.

    “Certainly I’m not naive enough to say that if we were to ban military-style assault rifles and if we were to ban high-capacity magazines, that we’re not going to have killings or murders," said George Gascón, the San Francisco district attorney, an advocate of banning those weapons and high-capacity magazines. He was discussing the death of Daniel Colon, 44, who was killed with an unknown weapon on the morning of the inauguration, as he was walking home with his cousin from a bar where he had celebrated the football victory by the 49ers. "All we’re saying is that we can reduce the mayhem, and we can have greater control to make sure that the people that own weapons do so in a lawful fashion.”

    Accidental shootings of children may be the most preventable, when children get their hands on guns that adults have not secured.

    In McDonough, Ga., where the mother was asleep, the sheriff's office says the mother had let the children handle her .38-caliber revolver earlier in the evening, when it was unloaded. Sometime in the night, one of the boys loaded the gun.

    The mother was awakened around 2:30 a.m. by a gunshot.

    The mother's 14-year-old son had pointed the gun at his 15-year-old brother's chest and squeezed the trigger, the sheriff’s office said. The sheriff and the district attorney haven't released the names of the boys, and say they haven't decided whether to charge the brother with a crime. The sheriff's office said it didn't consider charging the grieving mother, because her gun was legally owned.

    Many gun owners say they need their guns to be at hand and ready in case of an intruder breaking in during the night. "You try to look at the science," Hemenway, the Harvard professor, said at the gun violence forum. "There's no evidence at all suggesting that having the gun that you can get within two seconds matters more than the gun you can get within 10 seconds. ... There is a huge amount of evidence that having an unsecured gun leads to all sorts of death in the family."

    #####

    Looking at the gun deaths across the land, on just one weekend, is a reminder how ingrained the gun culture is in America, a large part of the story the country tells about itself, especially in the way its young men find identity.

    Consider Jason "Cowboy" Monson, the freshman from the University of Idaho who went down to the police station to get his gun back.

    On Friday, just before our weekend clock began, Jason's roommate spoke with his resident adviser in the dorm, saying he was afraid because Jason was keeping his Desert Eagle handgun under his pillow.

    Jason was raised on a small horse farm in Middleton, Idaho, hunting and fishing, playing football for a Christian school. He was raised around guns. Jason's father is a county sheriff's patrol sergeant, and his mother is a former Boise police officer. (His parents did not respond to a request from NBC News for an interview.) Jason won a national speech competition with 4H, and was studying communications. He was also in the Air Force ROTC and hoped to serve his country. He had a new girlfriend and a sense of humor, and posted a lot of funny stuff on his Facebook page.

    His online summary of himself was unassuming: "im a total cowboy. I hunt cowboy mounted shoot and drive an old ford diesel. Ive broken several bones and most recently chainsawed my foot, that was a great two months, insert sarcasm. I own several guns and will be in the ROTC at the u of I this fall. any questions message me."

    Family photo

    Jason Monson aims a blank pistol at the camera. Jason, who grew up on a small horse farm in Idaho, was active in Cowboy Mounted Shooting, which uses blanks.

    Cowboy Mounted Shooting looks like a lot of fun. (Watch a primer on YouTube.) The riders train skilled horses and compete on an obstacle course, wearing a Western long-sleeved shirt and a cowboy hat and shooting guns loaded with powder cartridges--blanks--at ballooons. Jason had already won a couple of belt buckles. One of his fellow competitors described him as "very nice, respectful, personable and outgoing." It's a great sport for someone who likes people, horses, and guns.

    When the roommate reported the gun, Jason was not at the dorm. The school called the city police, and an officer came and took the gun away. The police chief in Moscow (for non-Idahoans: that's "MOS-ko"), David Duke, said there was no hint that Jason had made any threat against anyone, and Jason wasn't in a whole lot of trouble.

    After all, this is Idaho, where guns are freely allowed with no registration, and one can openly carry a gun without any permit. Jason had violated no criminal law by bringing his handgun to his dorm room, the police chief said. It was against the school rules to have it there — students have to keep their guns in the central gun locker provided by the school. Jason could have faced student judicial charges, but it wasn't a criminal matter.

    When Jason got back to the dorm, his roommate had been moved to another room, and Jason was told that his gun had been confiscated. He called the Moscow police about 10 p.m. to get his gun back, and the officer asked him to come down to the station. He came down about 1 a.m., and the officer said he could have his gun, but not until Tuesday, after the MLK holiday, so he'd have a chance to lock it up at school.

    At 8:46 a.m. local time Sunday morning, just as the Obama family was participating in a day of service by fixing up an elementary school in the nation's capital, Moscow police got another call from the University of Idaho, from the same dorm.

    One of Jason's suitemates had found him, shot in the head, next to notes he'd written to his family.

    Idaho has one of the highest rates of suicides in the country, mostly from guns. It also was the only state in the union without its own certified hotline with counselors trained in suicide prevention; a hotline opened in November, but it's open  only Monday through Thursday, 9 to 5. Chief Duke says he gets a call about suicide on campus every couple of years or so.

    It turned out that the Desert Eagle .45 was not Jason's only gun. Sometime in the night, he'd gone out to his pickup truck for his Smith and Wesson Model 66 .357-caliber revolver.

    'Flashpoint: Guns in America,' an NBC News special report 

    In his obituary, his parents took the opportunity to plead against gun control: "Let us drag the evil hiding in the darkness of the most dangerous places on earth: Gun free zones."

    Jason's photo with his obituary shows Cowboy Monson with a big grin, wearing a black hat and astride a reddish-brown horse at a canter. Jason is looking directly at the camera, where he is pointing his blank pistol.

    That image is the profile photo atop his Facebook page, too, now and perhaps forever, along with the cover image of two semi-automatic rifles criss-crossed over the U.S. Constitution.

    Read Part 2: The faces behind the numbers: Six victims of long weekend's violence

     Also contributing to this story and map for NBC News: Daniel Arkin, Meredith Birkett, John Brecher, David Friedman, Kriss Chaumont, Tracy Connor, Polly DeFrank, Matthew DeLuca, Miranda Leitsinger, Shezad Morani, Lisa Riordan Seville, Jonathan Sweeney and Lisa Wilkins.

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  • Guns in America: The weapon of choice for criminals, but also a deterrent?

    Mel Evans / AP

    Officers from the Mercer County Prosecutor's Office work at a two-day gun buyback event in Trenton, N.J., on Jan. 26. People were allowed to drop off weapons with no questions asked.

    On average, about 86 people a day are killed by firearms in America, or 31,672 per year, according to the Centers for Disease Control tally for 2010, the latest year available.

    A special weeklong examination of gun violence, gun ownership and gun legislation. NBC News journalists will report across "NBC Nightly News," "TODAY," MSNBC, CNBC, NBCNews.com, and more. The conversation will also extend across NBC News and MSNBC's social media platforms using the hashtag #GunsInUSA.

    That year, the CDC counted 19,392 gun deaths by suicide, 11,078 homicides with firearms, 606 deaths by accidental shootings and 596 with other or undetermined cause. (Read the full report.)

    A child aged 5 through 14 in America is about 13 times more likely to be murdered with a gun than children in Japan, Italy or other industrial countries, according to the Harvard School of Public Health. (Watch the Harvard forum on gun violence.)

    Larry W. Smith / EPA

    Guns lie in a chair at the First Presbyterian Church parking garage in Dallas during a gun buyback program on Jan. 19, 2013. Across the street, gun-rights advocates were offering to auction off guns at higher prices.

    Guns are used in about seven out of 10 murders in the U.S., according to FBI statistics. The weapons of choice are guns, 68 percent; knives, 13 percent; fists or feet, 6 percent; other, 6 percent; and unknown, 7 percent. (See other statistics in a chart from The Dallas Morning News.)


    The crime rate has been declining steadily for firearm crimes. In 1993 and 1994, for example, the rate was above seven firearm crimes for every 1,000 people age 12 or older. It has fallen pretty consistently to 1.8 in 2011, the most recent year for which statistics have been tallied, according to the Bureau of Justice Statistics.

    Even in Chicago, which has a strict gun control law and received a lot of publicity in recent months for a spike in homicides, the number of killings has declined sharply over the past 20 years. The number was consistently above 800 in the early 1990s, but fell to the 700s, to the 600s in the early 2000s, and near 500 or below for every year since 2004, according to a report by the Chicago Police Department.

    There is considerable disagreement among researchers, however, on whether the high-rate of U.S. gun ownership has a direct correlation to violent crimes and, if so, what it's impact might be. Here's a recent analysis by FactCheck.org that does a good job covering that terrain.

    Related story

    A look at some nations' gun ownership rates.

    Death takes no holiday: Tracking gun violence over one long January weekend

    Thirty-three percent of American households have a gun. That rate varies from Georgia's 41 percent down to New Jersey's 11 percent, according to a 2002 federal survey.

    Here are some civilian firearm ownership percentages for selected countries, according to The Small Arms Survey: Germany, 30 per 100 residents; Iceland, 30; Austria, 30; Canada, 31; Iraq, 34; Saudi Arabia, 35; Switzerland, 46; Yemen, 55; United States, 89.

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  • Obama administration deliberating more cuts in nuclear weapons, sources say

    Getty Images photo

    A Trident II nuclear missile is shown in an undated file photo.

    Senior Obama administration officials have agreed that the number of nuclear warheads the U.S. military deploys could be cut by at least a third without harming national security, according to sources involved in the deliberations.

    They said the officials’ consensus agreement, not yet announced, opens the door to billions of dollars in military savings that might ease the federal deficit. It might also improve prospects for a new arms deal with Russia before the president leaves office, the sources said, but is likely to draw fire from conservatives, if previous debate on the issue is any guide.

    The results of the internal review are reflected in a draft of a classified decision directive prepared for Obama’s signature that guides how U.S. nuclear weapons should be targeted against potential foes, according to four sources with direct knowledge of it. The sources, who requested anonymity because they were not authorized to talk to a reporter about the review, described the president as fully on board, but said he has not signed the document.

    The document directs the first detailed Pentagon revisions in U.S. targeting since 2009, when the military’s nuclear war planners last took account of a substantial shrinkage -- roughly by half from 2000 to 2008 -- in the total number of nuclear weapons in the U.S. arsenal. It makes clear that an even smaller nuclear force can still meet all defense requirements.


    Although the document offers various options for Obama, his top advisers reached their consensus position last year, after a review that included the State Department, the Defense Department, the National Security Council, the intelligence community, the U.S. Strategic Command, the Joint Chiefs of Staff and the office of Vice President Joseph Biden, according to the sources.

    Several said the results were not disclosed at the time partly because of political concerns that any resulting controversy might rob Obama of popular votes in the November election. Some Republican lawmakers have said they oppose cutting the U.S. arsenal out of concern that it could diminish America’s standing in the world.


    The new policy directive, which would formally implement a revised nuclear policy Obama adopted in 2010, endorses the use of a smaller U.S. arsenal to deter attacks or protect American interests by targeting fewer, but more important, military or political sites in Russia, China and several other countries. This can be accomplished by 1,000-1,100 warheads, the sources said, instead of the 1,550 allowed under an existing arms treaty.

    The 2010 policy called for reducing the role of nuclear weapons, arguing that they are “poorly suited to address the challenges posed by suicidal terrorists and unfriendly regimes seeking nuclear weapons.” But many critics have charged that not much of the policy has been implemented. Obama himself even joked in a video message to the Jan. 26 annual dinner of Washington’s exclusive Alfalfa Club, that he could not recall why he won his 2009 Nobel Peace Prize [the Oslo committee attributed it partly to his stimulation of “disarmament and arms control negotiations”].

    With the election behind him and a new national security team selected, Obama is finally prepared to send this new guidance to the Joint Chiefs of Staff and to open a new dialogue with Russia about corresponding reductions in deployed weapons beyond those called for in a 2011 treaty, according to two senior U.S. officials involved in the deliberations.

    “It is all done,” said one. “We did so much work on it that there is no interest in going back and taking another look at it.” The second official said completion of the new directive would become public in coming weeks, when Obama may mention the issue in his State of the Union address on Feb. 12, or in another speech specifically dedicated to the subject, similar to the April 2009 Prague address in which he promised to “take concrete steps towards a world without nuclear weapons.”

    Arms talks now being explored
    While the draft directive opens the door to scrapping a substantial portion of the U.S. arsenal, it does not order those reductions immediately or suggest they be undertaken unilaterally, the officials said. Instead, the administration’s ambition is to negotiate an addendum of sorts to its 2010 New Start treaty with Russia, in the form of a legally binding agreement or an informal understanding. Officials said the latter path could be chosen if gaining the assent of two-thirds of the Senate to a treaty is not possible.

    Preliminary discussions about this ambition occurred in Munich on Feb. 2 between Vice President Joe Biden and Russian Foreign Minister Sergei Lavrov, and additional talks are slated in Moscow this month with acting undersecretary of state Rose Gottemoeller and White House national security adviser Thomas Donilon. Obama “believes that there’s room to explore the potential for continued reductions, and that, of course, the best way to do so is in a discussion with Russia,” deputy national security adviser Ben Rhodes said on Jan. 31.

    White House spokesman Tommy Vietor declined comment on Feb. 6 on the draft directive.

    The New Start treaty limits each side to deploying no more than 1,550 strategic nuclear weapons by 2018, but uses a counting rule that pretends strategic bombers carry only a single warhead, instead of up to 20. So the actual arsenals after the treaty takes effect are likely to be closer to 1,900, a number that Obama’s advisers now think is too high.

    New Start also imposes no limits on nuclear weapons in each country that are held in storage or considered of “tactical” or short-range use -- a number estimated by independent experts as roughly 2,700 in the United States and 2,680 in Russia. Under the new deal envisioned by the administration, Russia and the United States would agree not only to cut deployed warhead levels below 1,550 to around 1,000 to 1,100 but also -- for the first time -- begin to constrain the size of these additional categories.

    Several officials said that as a result, the total number of nuclear warheads could shrink to less than 3,500 and perhaps as low as 2,500, or a bit more than half the present U.S. arsenal, without harming security or requiring a major reconfiguration of existing missiles or bombers.

    A much steeper reduction, to around 500 total warheads, was debated within the administration last year, but rejected, the officials said. Known as the “deterrence only” plan, it would have aimed U.S. warheads at a narrower range of targets related to the enemy’s economic capacity and no longer emphasized striking the enemy’s leadership and weaponry in the first wave of an attack.

    Nuclear weapons experts have long considered the latter “warfighting” goal destabilizing because it arouses fears among all the combatants of a decapitating, preemptive strike that could obstruct a significant retaliation, but it has been a salient feature of the U.S. nuclear policy for half a century. China, in contrast, has adopted a “deterrence-only” strategy, keeping only a minimal arsenal of missiles aimed partly at targets in or near large cities.

    Some officials at the State Department, the NSC staff, and Biden’s staff urged consideration of the smaller arsenal and new targeting policy, officials said. But “a small brake” was applied by the Joint Chiefs of Staff chairman, Army Gen. Martin E. Dempsey, who worried that making such a major policy change was too risky at a moment of upheaval in conventional military strategy, and would create too much uncertainty among allies.

    Obama, who followed the deliberations intermittently, “decided we did not need to do deterrence-only targeting now,” but did not rule it out, one of the sources with knowledge of the discussions said.

    Air Force Lt. Gen. James Kowalski, who as head of the Global Strike Command oversees the operations of bombers and land-based missiles capable of carrying more than a thousand nuclear warheads to foreign targets, said at a breakfast with reporters on Feb. 6 that if asked, “can you go below 1500” treaty-accountable weapons, his response is, “Yeah, I think there is some headroom in there.” But he warned that shrinking the force to well below 1,000 would require “major structural changes in how we do this business.”

    Additional cuts would save billions of dollars
    The financial savings from even the modest reduction now being contemplated could be substantial, according to officials and independent experts. Already, to comply with New Start, the Pentagon has been pulling warheads from land-based missiles and making plans to decommission some of the missiles themselves; it is also planning to reduce the number of missile tubes aboard its Trident submarines.

    By pushing the arsenal size even lower, it could close perhaps two of its three land-based missile wings and cut at least two of the 12 new strategic submarines it now plans to build – saving $6 billion to $8 billion for each one. Eliminating a single wing of 150 missiles would save roughly $360 million a year, or $3 billion over a decade, according to Tom Collina, research director at the Arms Control Association, a nonprofit research group in Washington. Modernization of the land-based missiles might also be deferred, bringing additional savings.

    Russia, meanwhile, has been  phasing out three older missile types that loomed large during Cold War tensions – the SS-18, the SS-19, and the SS-25 – and is replacing them with a more modern missile, the SS-27, in three forms. It is also planning to build a costly, larger missile, capable of carrying multiple warheads. Pentagon officials are not alarmed by that possibility, but say that a new arms deal could give Russia reason to scale back its own spending.

    “The Russian Federation … would not be able to achieve a militarily significant advantage by any plausible expansion of its strategic nuclear forces, even in a cheating or breakout scenario” because it cannot destroy U.S. missile-carrying submarines at sea, the Defense Department said in a May 2012 classified report to Congress, partially declassified and released last month to the Federation of American Scientists (FAS).

    Related: Hagel's nuclear abolition endorsement spurs GOP questions on deterrence

    Three participants in the targeting policy review said Russia nonetheless remains the sole U.S. target that still requires potential use of a large number of nuclear warheads to achieve damage that military planners deem adequate, even though Obama famously said last September at the Democratic National Convention that “you don't call Russia our number one enemy — not al-Qaeda, Russia — (laughter) — unless you're still stuck in a Cold War mind warp.”

    U.S. nuclear targets include China, North Korea, and Iran, officials have said. But the list of predictable enemies has been steadily shrinking: Iraq was once on the list – as recently as 1997, the Defense Department studied radioactive fallout distribution patterns from a potential U.S. attack there – but it now poses no threats, and Syria – another perennial listee – is in the midst of imploding and unable even to muster a response to Israel’s recent bombing of an arms factory in its capital.

    Russian arms reductions taken to date make U.S. targeting revisions feasible now, according to Hans Kristensen, a nuclear arms expert at FAS. A decade ago, the U.S. military was targeting 660 Russian missile silos with multiple warheads, he said; now, the number of such silos is less than half that, and in a decade, it is unlikely to exceed 230. Several officials also pointed out that Russia currently fields a smaller and weaker conventional military force than it once did, also allowing U.S. targeting to be scaled back.

    Obama’s new appointees are on board
    Key members of Obama’s new national security team are on board with the reduction strategy.

    “There's talk of going down to a lower number,” Secretary of State John F. Kerry said during his confirmation hearing on Jan. 24. “I think, personally, it's possible to get there if you have commensurate levels of -- of inspections, verification, guarantees about the capacity of your nuclear stockpile program, et cetera.”

    Secretary of Defense nominee Chuck Hagel drew fire from Republicans at his Jan. 31 confirmation hearing for signing a report last summer that said current stockpiles “vastly exceed what is needed to satisfy reasonable requirements of deterrence” and that nuclear weapons are arguably “more a part of the problem than any solution.”  An appropriately modernized force, the Global Zero report said, would consist of just 900 total strategic weapons on each side, not 5000, and get rid of land-based missiles subject to accidental or unauthorized launch.

    Sen. Jeff Sessions (R-Ala.) told Hagel that cuts of that magnitude would “create instability, rather than confidence and stability; create uncertainty in the world among our allies and our potential adversaries.” He said the current U.S. arsenal projects “an image of solidity and -- and steadfastness” to citizens around the globe.

    Hagel responded at the hearing that the report simply provided illustrative scenarios, not recommendations. But he affirmed the report’s conclusion that “we have to look at” the value and cost of continuing to keep land-based missiles and made no promise to build all 12 new missile-carrying submarines sought by the Navy.

    The United States is not the only nuclear weapons state considering a retrenchment. A senior British treasury official told the London Guardian several weeks ago that given fiscal pressures in London, the country needs a wide debate “over the approach we take to nuclear deterrence” and should consider scaling back either its purchase or deployment of costly new nuclear missile-carrying submarines. Michael Portillo, the defense minister under Conservative Prime Minister John Major in the 1990s, told the Financial Times last month that Britain maintained its arsenal “partly for industrial and employment reasons, and mainly for prestige.” He called it “a tremendous waste of money.”

    UN Secretary General Ban Ki-Moon is among those urging a major shift. In a speech last month in California, he called for all nuclear-armed states to “reconsider their national nuclear posture,” and said the United States and Russia had a special obligation to undertake deeper cuts. “Nuclear disarmament is off-track,” he said. “Delay comes with a high price tag. The longer we procrastinate, the greater the risk that these weapons will be used, will proliferate or be acquired by terrorists.”

    Some senior U.S.  officials are skeptical that Russian president Vladimir Putin would agree to a new treaty, because his government claims to depend more heavily than Americans on nuclear arms for security; others worry that Republican opposition in the Senate may obstruct ratification of any new treaty.  But there remains high interest, officials said, in at least exploring a new joint, lower limit.

    The Center for Public Integrity is a non-profit, independent investigative news outlet. For more of its stories on this topic go to publicintegrity.org.

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  • White House: Congress to get classified drone info

    Andrea Mitchell talks with Rachel Maddow about the breaking news that the Department of Justice, with the confirmation hearing for John Brennan to head the CIA looming, will share their legal reasoning for extrajudicial targeting of Americans with drone strikes with the intelligence committees in Congress.

    Updated at 9:44 p.m. ET -- Reversing its course, the White House will now brief members of Congress on the legal justifications for drone strikes against U.S. citizens, an administration official said Wednesday night.

    "Today, as part of the president's ongoing commitment to consult with Congress on national security matters, the president directed the Department of Justice to provide the congressional intelligence committees access to classified Office of Legal Counsel advice related to the subject of the Department of Justice White Paper," the official said.

    The Justice Department paper, first obtained by NBC News, concluded that the United States can legally order the killing of American citizens believed to be al-Qaida leaders.

    Until Wednesday, the administration would not even confirm these memos existed.

    Sen. Dianne Feinstein, chairman of the Senate Select Committee on Intelligence, said in a statement Wednesday night she was pleased with the White House's decision.

    "I am pleased that the president has agreed to provide the Intelligence Committee with access to the OLC opinion regarding the use of lethal force in counterterrorism operations. It is critical for the committee's oversight function to fully understand the legal basis for all intelligence and counterterrorism operations," Feinstein's statement read.

    Earlier Wednesday, the Associated Press reported that White House spokesman Jay Carney said Obama was engaged in an internal process deliberation to determine how to balance the nation's security needs with its values. He said Obama was committed to providing more information to Congress, even as he refused to acknowledge whether the drone memo even existed.

    "He thinks that it is legitimate to ask questions about how we prosecute the war against al-Qaida," Carney said. "These are questions that will be with us long after he is president and long after the people who are in the seats that they're in now have left the scene."

    Some legal experts warned that the secret memo threatened constitutional rights and dangerously expanded the definition of national self-defense and of what constitutes an imminent attack.

    The administration’s decision to give the memo to the congressional intelligence committees comes a day before the Senate confirmation hearing Thursday for John Brennan, President Barack Obama’s pick to lead the CIA. Brennan was an architect of the administration’s controversial escalation of drone strikes to take out suspected militants.

    Members of Congress have expressed serious reservations about the memo. On Wednesday, Rep. Ron Wyden, D-Ore. and a member of the House Intelligence Committee, told NBC News Radio that the memo “doesn’t answer the central questions” revolving around an important policy decision: "When does the government have the legal right to kill an American?"

    "The administration has essentially been stonewalling the committee and myself and others for over two years by not actually making that memo available with someone willing to answer questions about it," Wyden said.

    Related:

    Wyden vows to 'pull out all the stops' to get 'actual legal analysis' on drones

    White house drone memo: Four key questions

  • Pistol-packing pupils becoming an everyday occurrence

    WXIA / NBC via Reuters

    A 14-year-old pupil and a teacher were shot Thursday, Jan. 31, at Price Middle School in Atlanta. Another student at the school was arrested.

    The case of a Virginia second-grader caught with a gun on his school bus this week may be shocking but it's by no means uncommon.

    Across the country, children are being suspended or arrested for having weapons on campus or buses on a daily basis.


    Police in Henrico, Va., were waiting at school for the little boy Monday morning after he allegedly threatened another pupil on their ride to Ratcliffe Elementary School. They found a handgun in his backpack, NBC station WWBT of Richmond, Va. reported.

    The incident made national headlines Monday, as did a similar incident when a loaded gun was found in a pupil's book bag last month at P.S. 215 in Queens, N.Y.


    However, these incidents aren't as isolated as they may appear. An NBC News survey of crime dockets and news reports across all 50 states reveals that, since Jan. 1, there have been at least 48 incidents in which guns have been discovered on students, in their bags or in their lockers.

    There were at least five last Thursday alone: in Atlanta; Augusta, Kan.; Chicago; Raleigh, N.C.; and Winston-Salem, N.C.

    There have been 23 class days since some districts resumed school Jan. 2 — not including Jan. 21, the Martin Luther King Jr. holiday. That works out to more than two gun reports a day this school year. (The survey excluded incidents in which pupils were caught with toy guns; all of the weapons were handguns, rifles, BB guns or air rifles.)

    And those are just the cases that have been made public: Juveniles' police records are generally protected, so an untold number of other such incidents are likely to have occurred.

    While it's impossible to determine whether such potentially deadly show-and-tells are happening more frequently, the public data do indicate just how hard it is to clamp down on guns on campus since the issue became a national concern in December in the wake of the fatal shootings of 20 pupils at Sandy Hook Elementary School in Newtown, Conn.

    Most of the time, the weapons are brought along for protection or as items of curiosity, with the pupil more interested in showing off than in shooting. And usually, they're intercepted before anyone can get hurt, with the student's being suspended or charged for a weapons violation, depending on his or her age. Often, a parent or guardian is charged with failing to secure the weapon.

    But when they're not intercepted, tragedy is often the result.

    Last week, a 14-year-old boy was shot and wounded by a student at Price Middle School in Atlanta, police said.

    "Gun violence in and around our schools is simply unconscionable and must end," Atlanta Mayor Kasim Reed said. "Too many young people are being harmed and too many families are suffering from unimaginable and unnecessary grief."

    And on Jan. 10, a student was wounded by a classmate who shot him at Taft Union High School in Taft, Calif., police said The boy targeted a second classmate but missed, authorities said.


    While many lawmakers have introduced legislation that would put armed police or security guards in schools, that may not be the answer, according to a state task force reviewing campus safety in Virginia.

    The task force last week stressed the need to fund anti-bullying programs and school resource officers, but it stopped short of calling for more officers in schools.

    "If we were to put 1,000 new police officers in our schools, those police officers would have to come from somewhere, and we might inadvertently make things less safe in our communities," Dewey G. Cornell, a law professor at the University of Virginia who's a member of the task force, told WWBT.

    The boy who opened fire last week in California was one of those who carried a weapon because he said he had been bullied, Kern County Sheriff Donny Youngblood said.

    But that's not a good enough excuse, parents say.

    "That just doesn't make sense," said Jeremy Massey, the parent of a student at Daly Elementary School in Inskter, Mich., near Detroit, where a third-grader was found to have taken a loaded gun to class two days in a row last month. The boy told police he carried the gun for his own protection.

    "If you are 10 years old, the only protection you need is to go tell an adult," Massey told NBC station WDIV of Detroit.

    Related:

    Full list of student gun incidents this year

    Obama on guns: 'We're not going to wait until the next Newtown'

    Guns already allowed in schools with little restriction in many states

    Watch US News crime videos on NBCNews.com

  • Justice Department memo reveals legal case for drone strikes on Americans

    A secretive memo from the Justice Department, provided to NBC News, provides new information about the legal reasoning behind one of the Obama administration's controversial policies. Now, John Brennan, Obama's nominee for CIA director, is expected to face tough questions about drone strikes on Thursday when he appears before the Senate Intelligence Committee. NBC's Michael Isikoff reports.

    A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.

    The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens, such as the  September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.  

    The secrecy surrounding such strikes is fast emerging as a central issue in this week’s hearing of White House counterterrorism adviser John Brennan, a key architect of the drone campaign, to be CIA director.  Brennan was the first administration official to publicly acknowledge drone strikes in a speech last year, calling them “consistent with the inherent right of self-defense.” In a separate talk at the Northwestern University Law School in March, Attorney General Eric Holder specifically endorsed the constitutionality of targeted killings of Americans, saying they could be justified if government officials determine the target poses  “an imminent threat of violent attack.”


    But the confidential Justice Department “white paper” introduces a more expansive definition of self-defense or imminent attack than described  by Brennan or Holder in their public speeches.  It refers, for example, to what it calls a “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland.    

    Michael Isikoff, national investigative correspondent for NBC News, talks with Rachel Maddow about a newly obtained, confidential Department of Justice white paper that hints at the details of a secret White House memo that explains the legal justifications for targeted drone strikes that kill Americans without trial in the name of national security.

    “The condition that an operational  leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” the memo states.

    Read the entire 'white paper' on drone strikes on Americans

    Instead, it says,  an “informed, high-level” official of the U.S. government may determine that the targeted American  has been “recently” involved in “activities” posing a threat of a violent attack and “there is  no evidence suggesting that he has renounced or abandoned such activities.” The memo does not define “recently” or “activities.” 

    As in Holder’s speech, the confidential memo lays out a three-part test that would make targeted killings of American lawful:  In addition to the suspect being an imminent threat, capture of the target must be “infeasible, and the strike must be conducted according to “law of war principles.” But the memo elaborates on some of these factors in ways that go beyond what the attorney general said publicly. For example, it states that U.S. officials may consider whether an attempted capture of a suspect  would pose an “undue risk” to U.S. personnel involved in such an operation. If so, U.S. officials could determine that the capture operation of the targeted American would not be feasible, making it lawful for the U.S. government to order a killing instead, the memo concludes.

    The undated memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.”  It was provided to members of the Senate Intelligence and Judiciary committees in June by administration officials on the condition that it be kept confidential and  not discussed publicly.

    Although not an official legal memo, the white paper was represented by administration  officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s  Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly -- or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News. 

    “This is a chilling document,” said Jameel Jaffer, deputy legal director of the ACLU, which is suing to obtain administration memos about the targeted killing of Americans.  “Basically, it argues that the government has the right to carry out the extrajudicial killing of an American citizen. … It recognizes some limits on the authority it sets out, but the limits are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”

    In particular, Jaffer said, the memo “redefines the word imminence in a way that deprives the word of its ordinary meaning.”  

    Khaled Abdullah / Reuters

    Tribesmen this week examine the rubble of a building in southeastern Yemen where American teenager Abdulrahmen al-Awlaki and six suspected al-Qaida militants were killed in a U.S. drone strike on Oct. 14, 2011. Al-Awlaki, 16, was the son of Anwar al-Awlaki, who died in a similar strike two weeks earlier.

    A Justice Department spokeswoman declined to comment on the white paper. The spokeswoman, Tracy Schmaler, instead pointed to public speeches by what she called a “parade” of administration officials, including Brennan, Holder, former State Department Legal Adviser Harold Koh and former Defense Department General Counsel Jeh Johnson that she said outlined the “legal framework” for such operations. 

    Pressure for turning over the Justice Department memos on targeted killings of Americans appears to be building on Capitol Hill amid signs that Brennan will be grilled on the subject at his confirmation hearing before the Senate Intelligence Committee on Thursday. 

    On Monday, a bipartisan group of 11 senators -- led by Democrat Ron Wyden of Oregon — wrote  a letter to President Barack Obama asking him to release all Justice Department memos on the subject. While accepting that “there will clearly be circumstances in which the president has the authority to use lethal force” against Americans who take up arms against the country,  it said, “It is vitally important ... for Congress and the American public to have a full understanding of how  the executive branch interprets the limits and boundaries of this authority.”

    Anticipating domestic boom, colleges rev up drone piloting programs

    The completeness of the administration’s public accounts of its legal arguments was also sharply criticized last month by U.S. Judge Colleen McMahon in response to a  lawsuit brought by the New York Times and the ACLU seeking access to the Justice Department memos on drone strikes targeting Americans under the Freedom of Information Act.  McMahon, describing herself as being caught in a “veritable Catch-22,”  said she was unable to order the release of the documents given “the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for the conclusion a secret.”

    In her ruling, McMahon noted that administration officials “had engaged in public discussion of the legality of targeted killing, even of citizens.” But, she wrote, they have done so “in cryptic and imprecise ways, generally without citing … any statute or court decision that justifies its conclusions.”

    In one passage in Holder’s speech at Northwestern in March,  he alluded – without spelling out—that there might be circumstances where the president might order attacks against American citizens without specific knowledge of when or where an attack against the U.S. might take place.

    “The Constitution does not  require the president to delay action until some theoretical end-stage of planning, when the precise time, place and manner of an attack become clear,”  he said.

    But his speech did not contain the additional language in the white paper suggesting that no active intelligence about a specific attack is needed to justify a targeted strike. Similarly, Holder said in his speech that targeted killings of Americans can be justified  if “capture is not feasible.” But he did not include language in the white paper saying that an operation might not be feasible “if it could not be physically effectuated during the relevant window of opportunity or if the relevant country (where the target is located) were to decline to consent to a capture operation.” The speech also made no reference to the risk that might be posed to U.S. forces seeking to capture a target, as was  mentioned in the white paper. 

    The white paper also includes a more extensive discussion of why targeted strikes against Americans does not violate constitutional protections afforded American citizens as well as   a U.S. law that criminalizes the killing of U.S. nationals overseas.

    It  also discusses why such targeted killings would not be a war crime or violate a U.S. executive order banning assassinations.

     “A lawful killing in self-defense is not an assassination,” the white paper reads. “In the Department’s view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly,  the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.”

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