Tag Archives: Department of Justice

Gary McKinnon escapes US torturers, by staying outside US borders

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US efforts to extradite Wikileaks publisher Julian Assange and UK hacker Gary McKinnon, the latter thwarted today by UK courts, point to a puzzling question. Should it matter where accused are charged or tried if the US is looking for justice? The activities of both men are essentially curtailed by house arrest, so why is a timetable frustrated? Probably what the US can only achieve by extradition, where the public eye prevents CIA rendition, is INDEFINITE DETENTION. In American hands, that also includes psychologist-crafted “we don’t torture” torture. In effect, the Department of Justice has defined being within US borders as differential enough in the correctional scheme of things. House arrest in the UK is not a sufficient deterrent to would-be leakers and hackers apparently, US declared adversaries must be remanded to where the Empire already has its dissidents contained, in the custody of US borders.

How to testify at a grand jury: David House “invokes” on Bradley Manning, Julian Assange, & taking illegal notes

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Bradley Manning supporter David House was called last year before the grand jury preparing charges against Julian Assange, in the event Assange is successfully remanded to Sweden. Despite being told a transcript was forbidden, House took notes which have now found themselves (A)nonymously online, reproduced here with David House’s refrain in bold. Here’s Grand Jury, a comedy:  

1. Record of proceedings
2. As recorded by David House
3. Grand Jury, Alexandria VA
4. 15 June 2011, 4:10pm to 5pm
5.  
6. Inside the Grand Jury:
7. DOJ Counterespionage Section: Attorney Patrick Murphy *
8. DOJ Counterespionage Section: Attorney Deborah Curtis *
9. Eastern District of Virginia: AUSA Bob Wiechering
10. Eastern District of Virginia: AUSA Tracy McCormick
11. Eastern District of Virginia: AUSA Karen Dunn
12. Unspecified number of Grand Jurors
13. Court Steganographer
14. David House
15.  
16. Directly outside the Grand Jury:
17. Mike Condon, FBI Agent from Washington, D.C. field office
18. James Farmer, Chief of Anti-Terrorism and National Security Unit at the U.S. Attorney’s Office in D. Mass
19. Peter Krupp, David House’s attorney
20.  
21.  
22. Record begins: 4:10pm
23. [David House is sworn in and informed of his rights]
24. Patrick Murphy: Would you please state your full name for the record?
25. David House: My name is David House.
26. PM: Did you meet Bradley Manning in January 2010?
27. DH: On the advice of counsel, I invoke my right to remain silent under the Fifth Amendment to the United States Constitution. I am concerned that this grand jury is seeking information designed to infringe or chill my associational privacy, and that of others, guaranteed by the First Amendment to the United States Constitution, and that it is using information obtained without a search warrant in violation of the Fourth Amendment to the United States Constitution. I define the preceding statement as “invoke”, and when I say “I invoke” in the future I am referring to this statement.
28. Deborah Curtis: Exhibit 1-A?
29. PM: Mr. House, please direct your attention to the screen behind you, exhibit 1-A.
30. DC: I can’t make it bigger.
31. PM: Try… here, remove that bar on the side.
32. DC: That didn’t work.
33. DH: Do you guys need help?
34. DC: We just need to make it bigger. Can everyone see this okay?
35. PM: Ok… we’re going to continue.
36.  
37. [A still image from the Frontline PBS special is displayed on the screen. Four figures are standing in front of the BUILDS logo, one figure has her back turned.]
38.  
39. PM: Mr. House, can you identify the man on the right?
40. DH: I invoke.
41. PM: Can you identify the man standing second from right?
42. DH: I invoke.
43. PM: Ok, can you identify the person with bright-colored hair, standing here?
44. DH: I invoke.
45. PM: Are we to believe that identifying that individual would somehow incriminate you?
46. DH: On the advice of counsel, I invoke my right to remain silent under the Fifth Amendment to the United States Constitution. I am concerned that this grand jury is seeking information designed to infringe or chill my associational privacy, and that of others, guaranteed by the First Amendment to the United States Constitution, and that it is using information obtained without a search warrant in violation of the Fourth Amendment to the United States Constitution.
47. PM: Ok, can you identify the man on the left?
48. PM: I would like to observe for the record that Mr. House is taking notes.
49. DH: As to the previous question, I invoke.
50. PM: Why are you taking notes?
51. DH: Invoke.
52. Bob Wiechering: I’d like to recommend, at this point, that we take a break and talk to your counsel.
53.  
54. [AUSAs and House leave the grand jury]
55. [Peter Krupp, House’s attorney, asserts House’s right to invoke]
56. [AUSAs and House return to the grand jury]
57.  
58. PM: What is your birthdate?
59. DH: March 14, 1987
60. PM: Where do you live?
61. DH: Can you restate the question?
62. PM: What is your address?
63. DH: I invoke.
64. PM: What is your current occupation?
65. DH: I invoke.
66. PM: Were you a senior in computer science at Boston University in January 2010?
67. DH: I invoke.
68. PM: Isn’t it true that you told PBS Frontline that you were a senior at Boston University in January 2010?
69. DH: I invoke.
70. PM: Do you know what a hackerspace is?
71. DH: I invoke.
72. PM: Do you know what BUILDS is, the acronym?
73. DH: I invoke.
74. Bob Wiechering: Mr. House, I notice you are taking notes. Attempting to create your own transcript is a violation of rule 6(e) of this grand jury. We have brought this to the attention of your counsel, and although he feels differently on the matter, we assert that you must stop taking notes at this time.
75. DH: Let me consult with my attorney.
76. [House leaves the grand jury room and returns one minute later]
77. DH: My lawyer asks that you refer all questions about notes to him.
78. BW: Let’s continue.
79. PM: Mr. House, are you involved with the Bradley Manning Support Network?
80. DH: I invoke.
81. PM: Did you respond in the affirmative when asked by the FBI if you had heard of known WikiLeaks associate Jacob Appelbaum?
82. PM: I would like to state for the record that Mr. House is not answering the question and is instead taking notes.
83. DH: I invoke.
84. PM: Do you intend to answer any of my questions, aside from your date of birth and your name?
85. DH: I invoke.
86. PM: Is that because of the phalanx of attorneys present here today?
87. Court Stenographer: I’m sorry, the what of attorneys?
88. PM: Phalanx… the phalanx of attorneys.
89. DH: As to the phalanx of attorneys, I invoke.
90. PM: At this time, I will let Deborah Curtis ask a few questions.
91. DC: Mr. House, have you ever been to the Oxford Spa restaurant in Cambridge, MA?
92. DH: Allow me to consult with my attorney.
93. [House leaves the grand jury and returns one minute later.]
94. DH: As to the previous question, I invoke.
95. DC: You admitted to federal agents in Boston that you had met Bradley Manning in January 2010, is that correct?
96. DH: I invoke.
97. DC: Isn’t it true that you spent the night of January 27 2010 with Daniel Clark and Bradley Manning?
98. DH: Can you repeat the question?
99. DC: Isn’t it true that you spent the night of January 27 2010 with Daniel Clark and Bradley Manning?
100. DH: One more time.
101. DC: Isn’t it true that you spent the night of January 27 2010 with Daniel Clark and Bradley Manning?
102. PM: He’s writing it down.
103. DC: Are you getting this, are you writing it all down?
104. DH: Was the last question a question to be answered?
105. DC: Yes.
106. DH: I invoke.
107. DC: And the question before?
108. DH: I also invoke.
109. DC: Where did Danny Clark have breakfast on the morning of January 28, 2010?
110. DH: Allow me to consult with my attorney.
111. [House leaves the grand jury and returns one minute later.]
112. DH: As to the previous question, I invoke.
113. DC: Do you intend to answer any questions about Daniel Clark?
114. DH: Invoke.
115. DC: Do you intend to answer any questions about Bradley Manning?
116. DH: [Writing] Could you please repeat the question?
117. DC: Do you intend to answer any questions about Jacob Appelbaum?
118. DH: I invoke.
119. DC: At this time, we’d like to stop the proceedings. You are free to leave.

What Twitter resisted releasing to DOJ, and we may presume Facebook did not

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So the US Department of Justice wants Twitter’s records on the Wikileaks crew. So what, it’s social media — why expect that spooks can’t follow like everybody else? Except the USG wants to know more than followers or tweets, they want IPs, whose computer, network, when, etc, plus they don’t want persons of interest or the public to know what info they’re gathering. That’s a standard MO when investigating crimes like racketeering, but this is a DoJ fishing expedition with aim to criminalize journalism and whistle-blowing, in the meantime violating the privacy of untold thousands, if you are reading this, very likely yours.

Unless you know Kevin Bacon personally, you are separated by fewer degrees from rop_g, ioerror, birgittaj, Assange and Bradley Manning.

Twitter notified the users named in the December 14 DOJ request, whose lawyers had a judge unveil the document. The government of Iceland has summoned their US envoy to explain what claim the USG can make to personal data on Birgitta Jonsdottir, a member of Iceland’s parliament. Salon has put the fax online which lists the specifics the DoJ is after:

A. The following customer or subscriber account information for each account registered to or associated with Wikileaks …

1. subscriber names, user names, screen names, or other identities;

2. mailing addresses, residential addresses, business addresses, e-mail addresses, and other contact information;

3. connection records, or records of session times and durations;

4. length of service (including start date) and types of service utilized;

5. telephone or instrument number or other subscriber number or identity, including any temporary assigned network address; and

6. means and source of payment for such service (including any credit card or bank account number) and billing records.

B. All records and other information relating to the account(s) and time period in Part A, including:

1. records of user activity for any connections made to and from the Account, including the date, time, length, and method of connections, data transfer volume, user name, and source and destination Internet Protocol address(es);

2. non-content information associated with the contents of any communication or file stored by or for the account(s), such as the source and destination email addresses and IP addresses.

3. correspondence and notes of records related to the account(s).