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The Constitution protects even Tsarnaev
 Inflammatory rhetoric aimed at scoring political points against the Obama administration regarding the mirandizing of Dzhokhar Tsarnaev has the potential to cause real damage to the society that Tsarnaev and his brother attacked--us.
The United States is a society of law and justice; although the Tsarnaevs probably were barely able to articulate the reasons why they unleashed cruel homemade bombs on the Boston Marathon finishing line, in doing so, they attacked American society in general. By delaying Dzhokhar Tsarnaev's mirandizing beyond the point that was necessary to ascertain whether there were other bombs, other terrorists in his plot--allowable under a public safety exception to the right to remain silent--Justice Department investigators possibly endangered his prosecution and undermined our rule of law. Doing so grants the Tsarnaevs of the world the victories they desire, since not only have they afflicted the lives of individuals, but the core of what the United States itself is. The importance of upholding those rules isn't a technicality--as a country, we're rare in the world since being American isn't an expression of ethnicity; it's a commitment to a particular system of government, one of whose base assumptions is equality before the law. The right against self-incrimination isn't just for the innocent; it's for the guilty and innocent alike, especially since the distinction between the two can disappear in states where the police are given unfettered authority. If this sounds obvious or self-evident (as it should!) it's a lesson apparently lost on a great many members of Congress, such as those who called for the surviving Tsarnaev brother to be tried unconstitutionally as an enemy combatant, or the head of the House Intelligence Committee, Rep. Mike Rogers (R-Mich.), who told MSNBC that "in a case like this, the judiciary deciding, because it's on TV and it might look bad for them...that they were going to somehow intercede in this," reports The Hill. As Benjamin Wittes notes in Lawfare, "Since when is it up to the Justice Department whether to allow a coordinate branch of government to advise a charged criminal suspect of his rights? Since when is it up to Congress to decide whether it 'can[] have...the judiciary deciding' whether a suspect gets presented before a magistrate?" A charitable explanation for those who are so eager to prosecute evil that they're willing to stain themselves with it is that the political environment today is so toxic that they see political advantage in criticizing the Obama administration for being too lenient in executing Tsarnaev's rights--despite the far too long 16 hours that he went without being read them. That's my hope, even though in saying so, they run the risk of setting new baselines for how authorities react in future terrorism cases. A less charitable explanation would have them actually believing what they say--in which case the damage Tsarnaev inflicted is even greater than the lives he took and harmed. - Dave |
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Today's Top News 1. Radio interoperability still eludes DHS
The Homeland Security Department should be able with the authorities it already has to establish a governance structure for interoperable radio communications, a DHS auditor told an April 26 congressional panel. The DHS office of inspector general in November released a report finding that components mainly develop and manage their own radio programs with no formal coordination between them and that the vast majority of tested radios could not receive the DHS common channel. "The department believes that collaboration on this issue through memorandums of agreement and understanding from the components will get them there. My audit work indicates that that collaboration is not at the point where it's going to get them quickly," Anne Richards, assistant inspector general for audits, told the House Homeland Security subcommittee on oversight and management efficiency. Auditors "continue to discuss with the department recommendations and the need for the authoritative governance structure," she said, adding that the response from DHS officials continues to be that the existing joint wireless working group "is up to the task." For more:
- go to the hearing webpage (prepared testimony and webcast available) Related Articles:
Radio interoperability elusive at DHS
DHS looks to subscription model for public safety networks
P25 radios have major security flaws, say researchers Read more about: House Homeland Security, Joint Wireless Program Management Office
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2. Boston attack shows promise of citizen photographs for investigations
 Law enforcement needs to figure out how to handle an influx of photographs submitted by terror attack bystanders, Richard Daddario, the New York City Police Department's deputy commissioner for counterterrorism, said during a House hearing April 25.
Police can receive many photographs from citizens in a short amount of time, but they may not be able to get in touch quickly with those who submitted useful photos, Daddario said. He spoke at a hearing of the House Homeland Security subcommittee on counterterrorism and intelligence. Hours after the FBI released surveillance footage of the suspected Boston Marathon bombers, a man who took a picture on his iPhone of the immediate aftermath of the attack noticed that one of the suspects, later identified as Dzhokhar Tsarnaev, appeared in the image. The image, which the bystander sent to the FBI and shared online, had a higher resolution than the surveillance footage. Another man took a series of photos that showed both suspects standing near the finish line minutes before the explosions. Photographs may be plentiful after an attack, but as for encouraging and processing submissions from citizens, "we haven't exactly fully come to terms with that. It's something that the New York City Police Department, other police departments, have to give real thought to," Daddario said. The value of surveillance cameras is widely recognized, he said. Without the surveillance footage that showed the Tsarnaev brothers, the investigation would have probably played out much differently. Daddario said the NYPD has also undertaken efforts to identify people who seem to be compiling materials to build bombs. The department has reached out to businesses that sell gunpowder, pyrotechnics and other ingredients or components that can be used for explosives. If businesses notice someone purchasing unusually large quantities or returning to the store repeatedly, they should report their suspicions to police, he said. For more:
- go to the hearing webpage (prepared testimonies and webcast available) Related Articles:
Napolitano: Boston bombing showed limits of countering extremism
Shelter-in-place usually applies to hazardous air, not fugitives
Overcrowding, not government intervention caused Boston cell outages Read more about: House Homeland Security
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3. FBI Foreign Terrorist Tracking Task Force leads not always timely or relevant
 The FBI's Foreign Terrorist Tracking Task Force--which since 2006 hasn't focused exclusively on foreign terrorists--doesn't always provide field offices "with timely and relevant information," say Justice Department auditors.
In a heavily redacted report (.pdf), auditors say field officials told them some task force-produced leads contained information that may have originally been developed by field offices in the first place. Auditors say they understand that the task force can't assume that a field office is aware of all information relating to a specific subject, but pass on a field official's suggestion that the task force add investigative context to its leads, "such as why FTTTF analysts believe the link between information already contained in FBI systems might enhance an ongoing investigation." Another suggestion was to assign to the FTTTF agents who understand what field offices want, since the FTTTF workforce consists mostly of analysts and contractors. "As acknowledged by FTTTF personnel, these individuals are subject-matter experts on analyzing data, not investigating cases," the report says. Many field offices were not fully aware of FTTTF's capabilities, auditors also say. "While we understand that the FTTTF may not be able to travel to every field office to brief FBI personnel on its capabilities, we believe the FTTTF should develop other methods to provide field offices with information about the FTTTF's capabilities and resources," they add. In fiscal 2013, the task force has a budget of $54.4 million and 360 staff comprised of FBI personnel, intelligence community employees and contractors. For more:
- download the report, 13-18 (.pdf) Related Articles:
Napolitano: Boston bombing showed limits of countering extremism
Americans who think about terrorism more likely to call police over potential terrorist indicators
Duplicative fusion center servers create reporting gaps, finds GAO Read more about: FBI, counterterrorism
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4. NRC notes water damage potential to dry cask storage
 The Nuclear Regulatory Commission sent April 16 an information notice to nuclear power plant operators reminding them of the importance of monitoring the physical condition of spent nuclear fuel dry casks, citing two recent examples where water seeped into casks.
The United States lacks a permanent nuclear power waste disposal facility, meaning that spent fuel is left for temporary storage in water pools and later in dry casks. The two instances of water damage cited in the information notice--both in Pennsylvania, one at Peach Bottom Atomic Power Station, and the other at Three Mile Island--didn't directly affect the spent fuel. At the Peach Bottom plant, plant operators responded to a cask seal pressure monitoring system low pressure alarm in October 2010 and found rust on the underside of a protective cover and water or signs of moisture around more of the bolt lid holes and bolts. The O-ring seal at the bottom of the protective uncover was intact and sealed. Further investigation showed that water seeped in through the protective cover's pressure monitoring system access plate, and the water caused rust when the presence of moisture created a galvanic cell where the aluminum clad cask lid seal and the stainless steel clad cask body sealing surface met. At Three Mile Island, the power plant licensee first noticed cracks in the concrete of horizontal storage modules in 2000, and by 2008, 28 of 30 of the modules had cracks, mostly emanating from anchor bolt blockout holes. An independent investigation in 2009 concluded that water entered the case through the anchor bolt blockout holes and that freeze and thaw cycles cause crack formation. Had remedial action not been taken, "this accelerated aging process could have inhibited the ability of the concrete structure to perform its design function," the NRC says. For more:
- download the information notice (.pdf) Related Articles:
NRC 'tolerating the intolerable' at nuclear plants, says Union of Concerned Scientists
Usability problems plague NRC document system
Piling up spent nuclear fuel presents future disposal challenge Read more about: radioactivity
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5. Drug strategy notes traffickers' adaptations
 The White House's annual drug control strategy emphasizes efforts along the border to disrupt the drug trade but also the ability of traffickers to adapt to law enforcement measures.
Cartels have found their way around law enforcement obstacles through cross-border tunnels, ultralight aircraft and international mail, says the Office of National Drug Control Policy strategy (.pdf), released April 24. It also discusses the use of so-called spotters by traffickers to observe law enforcement activities. Spotters relay information to traffickers about law enforcement and their technology. Traffickers have also been able to intercept law enforcement communications, the ONDCP says. Law enforcement has used unannounced surges in enforcement activity as well as frequent, random personnel rotations to be less predictable. To counter international shipping of packages of drugs, Customs and Border Protection is working with other federal agencies and the international postal community to enhance the screening of mail before it enters the United States, the strategy says. Eventually, CBP will have data in international shipments in advance of their arrival so it can screen them based on risk, it says. Domestically, law enforcement has targeted methamphetamine laboratories and marijuana growers. The typical meth lab seized in recent years has grown smaller in scale, but the number of seized labs roughly doubled from 2007 to 2011, the strategy says. Lab seizures remained low in Oregon and Mississippi, the two states where pseudoephedrine, a nasal decongestant drug that's also a precursor to meth, is obtainable only through a prescription. As for marijuana, the ONDCP says grow sites on public lands have been a particular focus for law enforcement. One 8-week, multiagency operation in 2012 eradicated more than 726,000 marijuana plants in seven western states. But law enforcement has struggled to stop indoor grow operations, the strategy says. The Drug Enforcement Administration and its partners eradicated about 300,000 marijuana plants in indoor operations in 2012. For more:
- download the 2013 National Drug Control Strategy (.pdf) Related Articles:
Meth lab incidents down in states that banned over-the-counter pseudoephedrine
UNODC: Less drug trafficking often means more violence
Ex-DOJ drug intelligence chief: War on drugs is 'insanity' Read more about: methamphetamine, CBP
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Also Noted > Some are overlooked in immigration overhaul. Article (AP via ABC News)
> Muslims help victims and FBI after bombings. Article (Boston Globe)
> Supreme Court declines to take case on Alabama immigration law. Article (NYT)
> New suspect in ricin-letter case ordered held without bail in Mississippi. Article (LA Times)
> Report: 'Misha' denies any link to Boston bomb plot. Article (USAT) And Finally... Print version of magazine comes with Wi-Fi. Article (DesignTaxi) > TECHEXPO CYBER SECURITY Hiring Event - Columbia, MD - April 30th, 9am - 3pm Are you a Cyber Warrior & seeking a new employment opportunity? Don't miss TECHEXPO's Cyber Security Job Fair on April 30th in Columbia, MD. Interview face-to-face with industry leaders & learn from our panel of distinguished speakers! Cyber Security Experience Required. For more information on attending or exhibiting visit: www.TechExpoUSA.com > Emergency Management: Are you prepared to make a difference? - Patrick Jessee, MSc, NREMT-P, CCEMT-P - Chicago Fire Department - Sponsored by: University of Chicago Employers seek individuals with knowledge of threat mitigation and response. In an increasingly hazardous environment, professionals must continue to sharpen their skills. The Master of Science in Threat and Response Management at the University of Chicago is designed to enhance your knowledge. RSVP here.
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