U.S. lawmakers ask DOJ if terrorism law covers pipeline activists

U.S. lawmakers ask DOJ if terrorism law covers pipeline activists

By Timothy Gardner

WASHINGTON (Reuters) – U.S. representatives from both parties asked the Department of Justice on Monday whether the domestic terrorism law would cover actions by protesters that shut oil pipelines last year, a move that could potentially increase political rhetoric against climate change activists.

Ken Buck, a Republican representative from Colorado, said in a letter to Attorney General Jeff Sessions, that damaging pipeline infrastructure poses risks to humans and the environment.

The letter, a copy of which was seen by Reuters, said “operation of pipeline facilities by unqualified personnel could result in a rupture – the consequences of which would be devastating.” It was signed by 84 representatives, including at least two Democrats, Gene Green and Henry Cuellar, both of Texas.

The move by the lawmakers is a sign of increasing tensions between activists protesting projects including Energy Transfer Partners LP’s Dakota Access Pipeline and the administration of President Donald Trump, which is seeking to make the country “energy dominant” by boosting domestic oil, gas, and coal output.

Last year activists in several states used bolt cutters to break fences and twisted shut valves on several cross border pipelines that sent about 2.8 million barrels per day of crude to the United States from Canada, equal to roughly 15 percent of daily U.S. consumption.

The letter asks Sessions whether existing federal laws arm the Justice Department to prosecute criminal activity against energy infrastructure. It also asks whether attacks on energy infrastructure that pose a threat to human life fall within the department’s understanding of domestic terrorism law.

The Department of Justice acknowledged receiving the letter and is reviewing it, a spokesman said.

A terrorism expert said it was ironic the lawmakers referred to the law, which defines “domestic terrorism” as acts dangerous to human life intended to intimidate civilians, but does not offer a way to prosecute anyone under it. David Schanzer, a homeland security and terrorism expert at Duke University, said the lawmakers’ request of Sessions “won’t have any legal ramifications, but possibly could be used for rhetorical value.”

A Minnesota court is considering charges against several protesters suspected of turning the valves on the pipelines last year. District Court Judge Robert Tiffany has allowed the defendants to present a “necessity defense.” That means they will admit shutting the valves, but may call witnesses, such as scientific experts, to offer testimony about the urgency of what they say is a climate crisis, activists said.

(Reporting by Timothy Gardner; editing by Diane Craft)

Cities dubbed immigrant ‘sanctuaries’ hit back on Trump funding threat

Immigrant supporters protest during the Los Angeles City Council ad hoc committee on immigration meeting in Los Angeles, California, U.S., March 30, 2017. REUTERS/Lucy Nicholson

By Mica Rosenberg and Jonathan Allen

NEW YORK (Reuters) – The Department of Justice is reviewing letters from 10 local jurisdictions that said they are in compliance with U.S. immigration law, to determine whether to cut federal funding, officials said Thursday, heating up a dispute between so-called sanctuary cities and President Donald Trump’s administration.

In April, the department had asked a handful of states and cities to document by June 30 their compliance with a statute that says local governments cannot prevent their employees from sharing information with U.S. immigration officials.

The Trump administration has said jurisdictions that do not fully cooperate are shielding “criminal illegal aliens,” and has promised to crack down on cities that do not comply. The sanctuary jurisdictions say they are following the law and do not want to spend local resources on immigration enforcement.

“It is not enough to assert compliance, the jurisdictions must actually be in compliance,” U.S. Attorney General Jeff Sessions said in a statement on Thursday. He said the 10 jurisdictions had written in with “alleged compliance information” and that the government would “examine these claims carefully.”

Sessions’ statement said “some of these jurisdictions have boldly asserted they will not comply with requests from federal immigration authorities.” If the government finds the cities are violating the statute, known as Section 1373, it could decide to cut federal funds.

In the letters seen by Reuters, the jurisdictions say they are following the law even though some do not honor all “detainer” requests sent by Immigration and Customs Enforcement (ICE.) A “detainer” asks local authorities to hold people in jail up to 48 hours beyond when they are set to be released so immigration officials can take them into custody.

Many of the letters noted that compliance with detainer requests is voluntary and is not required under the statute. The jurisdictions targeted are the states of California and Connecticut, Chicago and Cook County in Illinois, New Orleans, Philadelphia, Las Vegas, Miami, Milwaukee and New York.

At least one of the jurisdictions – Nevada’s Clark County, which is dominated by Las Vegas – has a long-standing formal agreement with ICE in which local police officers help with federal immigration enforcement.

New York City said it complies with detainer requests for people who have been convicted of certain “violent or serious” crimes, so long as the request is accompanied by a judicial warrant. Like other cities, New York said its priority is creating trust between immigrant communities and local police to encourage residents, even if they are living in the country illegally, to report crimes.

Mitchell Landrieu, the Mayor of New Orleans made a similar argument in a letter to Sessions. He said the administration has erroneously characterized sanctuary cities as havens for Central American gangs. Landrieu said an audit of gangs in New Orleans did not find a single Latino-dominated group.

“Undocumented people who commit violent crimes must face the criminal and immigration legal systems of this country. But that does not mean that all people are illegal immigrants that are part of violent gangs,” Landrieu wrote.

Milwaukee County Executive Chris Abele called the Justice Department’s statement on Thursday “inflammatory.”

The county is at risk of losing more than $6 million in revenue if the Justice Department follows through, a June 28 letter from its lawyers said. It said Milwaukee would “avail itself of all legal options available” to “protect its grant funding.”

Trump’s executive order early in his presidency pledging to cut funding to sanctuary cities has been challenged in the courts. In April, a federal judge in San Francisco said in a case brought by Santa Clara county that cities were likely to succeed in proving Trump’s order unconstitutional.

The California county wrote in a court filing on Thursday that top administration officials have repeatedly stated that federal funding should be tied to local willingness to honor ICE detainer requests.

(Reporting by Mica Rosenberg and Jonathan Allen in New York; additional reporting by Dan Levine in San Francisco; editing by Grant McCool)

Contractor charged with leaking document about U.S. election hacking: sources

Reality Leigh Winner, 25, a federal contractor charged by the U.S. Department of Justice for sending classified material to a news organization, poses in a picture posted to her Instagram account. Reality Winner/Social Media via REUTERS

By Dustin Volz and Mark Hosenball

WASHINGTON (Reuters) – The U.S. Department of Justice on Monday charged a federal contractor with sending classified material to a news organization that sources identified to Reuters as The Intercept, marking one of the first concrete efforts by the Trump administration to crack down on leaks to the media.

Reality Leigh Winner, 25, was charged with removing classified material from a government facility located in Georgia. She was arrested on June 3, the Justice Department said.

The charges were announced less than an hour after The Intercept published a top-secret document from the U.S. National Security Agency that described Russian efforts to launch cyber attacks on at least one U.S. voting software supplier and send “spear-phishing” emails, or targeted emails that try to trick a recipient into clicking on a malicious link to steal data, to more than 100 local election officials days before the presidential election last November.

The Justice Department declined to comment on the case beyond its filing. Federal Bureau of Investigation did not immediately respond to a request for comment.

While the charges do not name the publication, a U.S. official with knowledge of the case said Winner was charged with leaking the NSA report to The Intercept. A second official confirmed The Intercept document was authentic and did not dispute that the charges against Winner were directly tied to it.

The Intercept’s reporting reveals new details behind the conclusion of U.S. intelligence agencies that Russian intelligence services were seeking to infiltrate state voter registration systems as part of a broader effort to interfere in the election, discredit Democratic presidential candidate Hillary Clinton and help then Republican candidate Donald Trump win the election.

The new material does not, however, suggest that actual votes were manipulated.

The Intercept co-founding editor Glenn Greenwald did not immediately respond to a request for comment. Winter’s mother also did not immediately respond to a request for comment.

While partially redacted, the NSA document is marked to show it would be up for declassification on May 5, 2042. The indictment against Winner alleges she “printed and improperly removed” classified intelligence reporting that was dated “on or about May 5, 2017.”

Classified documents are typically due to be declassified after 25 years under an executive order signed under former President Bill Clinton.

The NSA opened a facility in Augusta in 2012 at Fort Gordon, a U.S. Army outpost.

The FBI and several congressional committees are investigating how Russia interfered in the 2016 presidential election and whether associated of President Donald Trump may have colluded with Russian intelligence operatives during the campaign.

Trump has dismissed the allegations as “fake news,” while attempting to refocus attention on leaks of information to the media.

Winner graduated from basic military training at Lackland Air Force Base in San Antonio in 2011. Investigators determined she was one of only six individuals to print the document in question and that she had exchanged emails with the news outlet, according to the indictment.

U.S. intelligence agencies including the NSA and CIA have fallen victim to several thefts of classified material in recent years, often at the hands of a federal contractor. For example, former NSA contractor Edward Snowden in 2013 disclosed secret documents to journalists, including The Intercept’s Greenwald, that revealed broad U.S. surveillance programs.

(Additional reporting by John Walcott)

U.S. appeals to higher court over ruling against Trump’s revised travel ban

Demonstrators rally against the Trump administration's new ban against travelers from six Muslim-majority nations, outside of the White House. REUTERS/Jonathan Ernst

By Mica Rosenberg

NEW YORK (Reuters) – The U.S. government took the legal battle over President Donald Trump’s travel ban to a higher court on Friday, saying it would appeal against a federal judge’s decision that struck down parts of the ban on the day it was set to go into effect.

The Department of Justice said in a court filing it would appeal against a ruling by U.S. District Judge Theodore Chuang in Maryland to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.

On Thursday, Chuang issued an emergency halt to the portion of Trump’s March 6 executive order temporarily banning the entry of travelers from six Muslim-majority countries. He left in place the section of the order that barred the entry of refugees to the United States for four months.

Another federal judge in Hawaii struck down both sections of the ban in a broader court ruling that prevented Trump’s order from moving forward.

In Washington state, where the ban is also being challenged, U.S. District Court Judge James Robart put a stay on proceedings for as long as the Hawaii court’s nationwide temporary restraining order remained in place, to “conserve resources” and avoid inconsistent and duplicate rulings.

The decisions came in response to lawsuits brought by states’ attorneys general in Hawaii and refugee resettlement agencies in Maryland who were represented by the American Civil Liberties Union and the National Immigration Law Center.

Detractors argue the ban discriminated against Muslims in violation of the U.S. Constitution’s guarantee of religious freedom. Trump says the measure is necessary for national security to protect the country from terrorist attacks.

White House Press Secretary Sean Spicer told a media briefing the government would “vigorously defend this executive order” and appeal against the “flawed rulings.”

The Department of Justice filed a motion late on Friday night seeking clarification of Hawaii’s ruling before appealing to the 9th Circuit U.S. Court of Appeals in San Francisco.

The 9th Circuit court last month upheld a decision by Judge Robart that halted an original, more sweeping travel ban signed by the President on Jan. 27 in response to a lawsuit filed by Washington state.

The new executive order was reissued with the intention of overcoming the legal concerns.

Trump has vowed to take the fight all the way to U.S. Supreme Court.

The 4th Circuit is known as a more conservative court compared to the 9th Circuit, said Buzz Frahn, an attorney at Simpson Thacher & Bartlett who has been tracking the litigation nationwide.

“The government is probably thinking that the 4th Circuit … would lend a friendlier ear to its arguments,” he said.

Judges have said they were willing to look behind the text of the order, which does not mention Islam, to probe the motivation for enacting the ban, Frahn said. Trump promised during the election campaign to ban Muslims from entering the United States.

The U.S. Supreme Court is currently split 4-4 between liberals and conservatives, with Trump’s pick for the high court – appeals court judge Neil Gorsuch – still awaiting confirmation.

Hans von Spakovsky, from the Washington D.C.-based Heritage Foundation, said the Department of Justice might want to time their appeals to reach the Supreme Court after Gorsuch is confirmed. He said the court would be likely to hear the case.

“They will take it because of its national importance,” Spakovsky said.

(Reporting by Mica Rosenberg in New York; Additional reporting by Kristina Cooke in San Francisco; Editing by Sue Horton, Mary Milliken and Paul Tait)

Dakota Access pipeline moves closer to completion: lawmakers

Police monitor outskirts of Dakota Access Pipeline protest

By Valerie Volcovici

WASHINGTON (Reuters) – The U.S. Army Corps of Engineers will grant the final approval needed to finish the Dakota Access Pipeline project, U.S. Senator John Hoeven and Congressman Kevin Cramer of North Dakota said on Tuesday.

However, opponents of the $3.8 billion project, including the Standing Rock Sioux Tribe, whose reservation is adjacent to the route, claimed that Hoeven and Cramer were jumping the gun and that an environmental study underway must be completed before the permit was granted.

For months, climate activists and the Standing Rock Sioux tribe have been protesting against the completion of the line under Lake Oahe, a reservoir that is part of the Missouri River. The one-mile stretch of the 1,170-mile (1,885 km) line is the only incomplete section in North Dakota.

The project would run from the western part of the state to Patoka, Illinois, and connect to another line to move crude to the U.S. Gulf Coast.

Hoeven said Acting Secretary of the Army Robert Speer had told him and Vice President Mike Pence of the move. “This will enable the company to complete the project, which can and will be built with the necessary safety features to protect the Standing Rock Sioux Tribe and others downstream,” Hoeven, a Republican, said in a statement.

Representatives for the Army Corps of Engineers could not be reached immediately for comment late on Tuesday. The Department of Justice declined to comment.

President Donald Trump signed an executive order last week allowing Energy Transfer Partners LP’s Dakota Access Pipeline to go forward, after months of protests from Native American groups and climate activists pushed the administration of President Barack Obama to ask for an additional environmental review of the controversial project.

The approval would mark a bitter defeat for Native American tribes and climate activists, who successfully blocked the project earlier and vowed to fight the decision through legal action.

On Tuesday evening, the Standing Rock tribe said the Army could not circumvent a scheduled environmental impact study that was ordered by the outgoing Obama administration in January. “The Army Corps lacks statutory authority to simply stop the EIS,” they said in a statement.

The tribe said it would take legal action against the U.S. Army’s reported decision to grant the final easement.

To view a graphic on the Dakota Access line route, click http://tmsnrt.rs/2kpvmic

“JUMPED THE GUN”

Jan Hasselman, an Earthjustice lawyer representing the tribe, told Reuters that Hoeven and Cramer “jumped the gun” by saying the easement would be granted and that the easement was not yet issued.

Dallas Goldtooth of the Indigenous Environment Network, which has been a vocal opponent of the pipeline, said on Twitter that lawmakers were “trying to incite violence” by saying the easement was granted before it was official.

There have been numerous clashes between law enforcement and protesters over the past several months, some of which have turned violent. More than 600 arrests have been made.

Heavy earth-moving equipment had been moved to the protest camp in recent days to remove abandoned tipis and cars, with the camp to be cleared out before expected flooding in March.

There were more than 10,000 people at the camp at one point, including Native Americans, climate activists and veterans. Several hundred remain.

A spokesman for Hoeven, Don Canton, said it would probably be a “matter of days rather than weeks” for the easement to be issued.

Oil producers in North Dakota are expected to benefit from a quicker route for crude oil to U.S. Gulf Coast refineries.

North Dakota Democratic Senator Heidi Heitkamp said the timeline for construction was still unknown but said she hoped Trump would provide additional law enforcement resources and funding to ensure the safe start of pipeline construction.

“We also know that with tensions high, our families, workers, and tribal communities deserve the protective resources they need to stay safe,” Heitkamp said.

(Reporting by Valerie Volcovici and Eric Beech in Washington, Alex Dobuzinskis in Los Angeles, David Gaffen in New York and Ernest Scheyder in Houston; Editing by Lisa Shumaker and Paul Tait)

Milwaukee man arrested for machine gun possession allegedly planned mass shooting

Authorities foiled a 23-year-old Milwaukee man’s alleged plans to commit a deadly mass shooting at a Masonic temple in the city, prosecutors announced Tuesday afternoon.

Samy Mohamed Hamzeh was charged with possessing machine guns and a silencer, the U.S. Attorney’s Office for the Eastern District of Wisconsin said in a news release.

Prosecutors said that law enforcement had been investigating Hamzeh since September, and that he had been communicating with two confidential sources since October.

Prosecutors allege Hamzeh toured the temple with those sources on January 19, and later discussed plans to use machine guns and silencers to kill dozens of people there. Hamzeh allegedly told the sources the event “will be known all over the world” and jihadists “will be proud of us.”

Prosecutors allege Hamzeh had been planning to travel to Jordan and attack Israeli soldiers and citizens in the West Bank, but ditched those plans and shifted his focus to the United States.

He was arrested after allegedly purchasing two automatic weapons and a silencer from undercover FBI agents on Monday, according to the news release.

In a statement, Robert J. Shields, the Special Agent in Charge of the FBI’s Milwaukee office, said the arrest thwarted “an attack that could have resulted in significant injury and/or loss of life.”

An FBI Joint Terrorism Task Force was involved in the investigation.

The news release includes several comments that Hamzeh allegedly told the sources during their recorded conversations, in which he explained his goals and strategies for the attack.

He allegedly said that one of the three of them needed to guard the temple’s main door and “spray anyone he finds” while others went upstairs to “spray everyone” in a meeting.

“We will shoot them, kill them and get out,” he allegedly said, according to the release. “We will walk and walk, after a while, we will be covered as if it is cold, and we’ll take the covers off and dump them in a corner and keep on walking, as if nothing happened, as if everything is normal. But one has to stand on the door, because if no one stood at the door, people will be going in and out, if people came in from outside and found out what is going on, everything is busted.”

Hamzeh also allegedly told the sources that “we will eliminate everyone,” prosecutors said.

“Thirty is excellent,” Hamzeh allegedly commented to the sources. “If I got out, after killing thirty people, I will be happy 100%. … 100% happy, because these 30 will terrify the world.”

Grand Jury Indicts Friend of San Bernardino Shooter

The man accused of purchasing two of the assault rifles used in the San Bernardino terrorist attacks was indicted by a federal grand jury on Wednesday, according to a news release from the Department of Justice.

Enrique Marquez Jr. was indicted on charges that he lied about buying some of the weapons that his longtime friend, Syed Rizwan Farook, and Farook’s wife, Tashfeen Malik, used when they killed 14 people during a holiday party for Farook’s coworkers on Dec. 2 in southern California, the Department of Justice announced. Prosecutors also said Marquez was indicted on charges that he conspired with Farook to plot two other attacks in 2011 and 2012, which were later called off.

Prosecutors previously announced those plots involved using pipe bombs and explosives at Riverside Community College, where both Farook and Marquez studied, and a stretch of highway during rush-hour traffic. Prosecutors allege Marquez bought two assault rifles in 2011 and 2012 and claimed they were for his own use, when he was actually giving them to Farook for the attacks.

Marquez and Farook allegedly visited gun ranges to practice shooting, prosecutors have said, but Marquez ultimately distanced himself from his friend after other people in Southern California were arrested on terrorism charges. But the Justice Department has said the guns Marquez bought were among the four weapons authorities recovered after Farook and Malik died in a shootout with police, and forensic testing confirmed that those two rifles were used in the deadly rampage.

“Mr. Marquez is charged for his role in a conspiracy several years ago to target innocent civilians in our own backyard with cold-blooded terror attacks, and with providing weapons to an individual whose endgame was murder,” David Bowdich, the assistant director of the FBI’s office in Los Angeles, said in a statement.

Prosecutors said Marquez was indicted on two counts of making a false statement about the gun buys, one count of conspiring to provide material support to terrorists and two counts related to marrying one of Farook’s family members, which prosecutors allege was a sham to help the woman’s immigration status. The indictments came about two week after Marquez was charged.

Marquez, 24, is being held without bond pending a Jan. 6 court appearance, according to prosecutors. If he’s convicted of the most serious offense, conspiring to provide material support to terrorists, prosecutors said he faces a maximum prison sentence of 15 years.

Pennsylvania Man Charged With Providing Material Support to Islamic State

A 19-year-old Pennsylvania man was charged with conspiring and attempting to provide material support to the Islamic State, prosecutors announced on Thursday afternoon.

Jalil Ibn Ameer Aziz, of Harrisburg, is accused of using at least 57 different Twitter accounts for a variety of pro-Islamic State purposes, including advocating violence against the United States and spreading propaganda, according to a news release from the Department of Justice.

Federal prosecutors allege that Aziz posted the names and addresses of 100 members of the United States military and calls for violence against them. Aziz is also accused of helping people who were looking to travel overseas to join Islamic State fighters, in once case allegedly acting as an intermediary between someone in Turkey and “several well-known” Islamic State members. Prosecutors allege that Aziz shared maps and telephone numbers between the ISIS supporters.

Prosecutors announced they searched a backpack in Aziz’s closet and discovered “five loaded M4-style high-capacity magazines,” as well as a modified kitchen knife and a balaclava mask.

“The charges in this case focus on Aziz’s efforts to assist persons seeking to travel to and fight for the Islamic State,” U.S. Attorney Peter J. Smith said in a news release announcing the charges.

Aziz was scheduled to appear in court later Thursday.

In a separate case, the Department of Justice also said Thursday that an upstate New York man pleaded guilty to attempting to provide material support and resources to the Islamic State.

Mufid A. Elfgeeh, of Rochester, allegedly recruited two people in 2013 and 2014 and tried to send them to Syria to join ISIS. However, prosecutors said those recruits were cooperating with the FBI. Elgeeh was also accused of sending $600 to someone in Yemen to help them join ISIS.

Elgeeh was arrested in May 2014, making him one of the first Islamic State recruiters arrested in the United States, U.S. Attorney William J. Hochul Jr. said in a news release. The 31-year-old Elgeeh faces a maximum of 30 years in prison. He is scheduled to be sentenced in March.

Maryland Man Charged With Receiving Funds from ISIS to Carry Out U.S. Attack

A 30-year-old Maryland man is accused of receiving close to $9,000 from the Islamic State to fund a terrorist attack in the United States, according to the Department of Justice.

FBI officials arrested Mohamed Yousef Elshinawy on Friday at his home in Edgewood, the Department of Justice said Monday in a news release. The charges against him include providing material support to the Islamic State, as well as lying to the FBI and hiding facts.

“According to the allegations in the complaint, Mohamed Elshinawy received money he believed was provided by ISIL in order to conduct an attack on U.S. soil,” Assistant Attorney General for National Security John P. Carlin said in a statement, using an acronym for the Islamic State.

Prosecutors accused Elshinawy of receiving at least $8,700 from people he knew he had ties to the Islamic State between March and June of this year. Prosecutors said Elshinawy claimed that he wasn’t going to carry out an attack and that he was just trying to scam money from the group.

But the Department of Justice alleges that Elshinawy mentioned pledging allegiance to the Islamic State in two separate electronic communications with his childhood friend and brother. In one instance, Elshinawy is accused of telling his brother he wanted to die as a martyr for ISIS. He’s also accused of using social media and prepaid phones to speak directly to ISIS operatives.

“The affidavit alleges that Mr. Elshinawy initially told the FBI that he was defrauding the terrorists, but further investigation showed that Mr. Elshinawy was supporting the terrorists and misleading the FBI,” U.S. Attorney Rod J. Rothstein said in the news release.

Prosecutors said they first became aware of Elshinawy in June after noticing a suspicious money transfer from Egypt. The FBI interviewed Elshinawy about two weeks later, and said Elshinawy admitted he had received $4,000 from an Islamic State operative for “operational purposes.”

The investigation found additional money had been sent to Elshinawy, according to prosecutors.

Earlier this month, George Washington University’s Program on Extremism published a report that found that 56 individuals had been charged with Islamic State-related activities in the United States this year. That was the most terror-related arrests in any single year since 2001.

6,000 Federal Prisoners to be Released; Drug-Related Sentences Reduced

6,000 prisoners will begin to be released on October 30th and that is only the beginning in an attempt to relieve the massive overcrowding in Federal prisons.  This is the largest release of prisoners at one time in an effort to provide relief to drug offenders who received harsh sentences over the past three decades, according to U.S. officials.

The early release was prompted by the U.S. Sentencing Commission’s decision in July 2014 that reduced the punishment for drug offenders and made that decision retroactive.  

Close to 50,000 federal inmates locked up on drug charges will be eligible for reduced sentences. The new sentencing guidelines took effect on Nov. 1, 2014.

Most of the soon to be released prisoners are already in halfway houses and home confinement.  

“The Department of Justice strongly supports sentencing reform for low-level, non-violent drug offenders,” Deputy Attorney General Sally Quillian Yates said in a statement. “The Sentencing Commission’s actions — which create modest reductions for drug offenders — is a step toward these necessary reforms.”

Each case will reviewed by a federal judge in the district in which the inmate’s case was tried in order to determine whether it would be beneficial to public safety to grant the prisoner early release.

According to The Sentencing Commission an additional estimated 8,550 inmates would be eligible for release between this Nov. 1 and Nov. 1, 2016.