Posts Tagged Department of Justice

ATF Drops Case Because of Non Existent Rule

From Cam and Company:

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Former CBS Reporter Sues Govt For Hacking Her Computer

From Real Clear Politics:

A federal appeals court recently heard oral arguments in my lawsuit against former Attorney General Eric Holder, unnamed “John Doe” federal agents at the FBI and Justice Department, and others. At issue are the intrusions into my computers while I worked as an investigative reporter for CBS News, revealed by multiple forensic investigations showing use of proprietary government surveillance programs. 

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ATF’s Continued Bad Rulings

From The Federalist:

As Davis noted, in 2010 the agency said bump stocks weren’t “machineguns,” that a bump stock “performs no automatic function when installed. In order to use the installed device [the bump stock], the shooter must apply constant forward pressure with the non-shooting hand and constant rearward pressure with the shooting hand.”

Rejecting its 2010 determination, the BATFE now says that a bump stock causes a semi-automatic firearm to fire “in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.”

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Bump Stocks Classified As Machine Guns

Everyone who has a bump stock has 90 days to turn them in or become a felon.

From Breitbart:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices-meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics-are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.

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Lawsuit Against Feds For Failed Background Check Fails

From Guns.com:

A federal judge on Tuesday closed a series of consolidated cases against the Justice Department and FBI over a failed background check that helped arm a white supremacist who killed nine in a mass shooting.

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Operation Choke Point Under Scrutiny

From Electronic Frontier Foundation:

EFF recently received dozens of pages of documents in response to a FOIA request we submitted about Operation Choke Point, a Department of Justice project to pressure banks and financial institutions into cutting off service to certain businesses. Unfortunately, the response from the Department of Justice leaves many questions unanswered.

EFF has been tracking instances of financial censorship for years to identify how online speech is indirectly silenced or intimidated by shuttering bank accounts, donation platforms, and other financial institutions.  The Wall Street Journal wrote about the Justice Department’s controversial and secretive campaign against financial institutions in 2013, and one Justice Department official quoted in the article stated:

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Denver Sheriff Sued By DOJ For Not Hiring Non-Citizens

From The Denver Post:

The Denver Sheriff Department has run afoul of the U.S. Department of Justice because it made U.S. citizenship a job requirement for its deputies during a hiring spree in 2015 and early 2016.

The sheriff’s department will pay a $10,000 fine and will have to sort through old applications to identify people who were eliminated from consideration because they were not U.S. citizens, according to a news release from the justice department.

When will the insanity end?

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Obama Admin Drops Charges Against Arms Dealer Who Could Blow Whistle On Libyan Arms Transfer

From Politico:

Lawyers for the Justice Department on Monday filed a motion in federal court in Phoenix to drop the case against the arms dealer, an American named Marc Turi, whose lawyers also signed the motion.

The deal averts a trial that threatened to cast additional scrutiny on Hillary Clinton’s private emails as Secretary of State, and to expose reported Central Intelligence Agency attempts to arm rebels fighting Libyan leader Moammar Qadhafi.

From Fox News:

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Signal App Subpoenaed For User Data

From Open Whisper Systems:

In the “first half of 2016” (the most specific we’re permitted to be), we received a subpoena from the Eastern District of Virginia. The subpoena required us to provide information about two Signal users for a federal grand jury investigation.

This is the first subpoena that we’ve received. It originally included a broad gag order that would have prevented us from publishing this notice, but the ACLU represented us in quickly and successfully securing our ability to publish the transcripts below. We’re committed to treating any future requests the same way: working with effective and talented organizations like the ACLU, andpublishing transcripts of our responses to government requests here.

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FBI Director Equate Encryption Debate To Gun Debate

From The Wall Street Journal:

“Some of the emotion that I’ve received around this issued remind me sometimes, in the absolutist and slippery slope arguments, reminds me of some of the rhetoric we hear in the gun debate,” Mr. Comey said, according to the Associated Press.

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How Did The FBI Break Into iPhone?

From the EFF:

In addition, this new method of accessing the phone raises questions about the government’s apparent use of security vulnerabilities in iOS and whether it will inform Apple about these vulnerabilities. As a panel of experts hand-picked by the White House recognized, any decision to withhold a security vulnerability for intelligence or law enforcement purposes leaves ordinary users at risk from malicious third parties who also may use the vulnerability. Thanks to a lawsuit by EFF, the government has released its official policy for determining when to disclose security vulnerabilities, the Vulnerabilities Equities Process (VEP).

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FBI Agents Involved In Oregon Standoff Shooting Under Investigation

From Oregon Live:

An FBI agent is suspected of lying about firing twice at Robert “LaVoy” Finicium and may have gotten help from four other FBI agents in covering up afterward, authorities revealed Tuesday.

Investigators gave no details to explain why the one FBI agent, a member of the Hostage Rescue Team, wouldn’t report the two shots. They also didn’t indicate what his four colleagues on the team did to warrant investigation other than saying it was related to conduct after the shooting.

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New Gun Bill Is Gun Controlers’ Wet Dream

From The Federalist:

Unlike a standard criminal trial, in which a jury must decide beyond a reasonable doubt whether you have violated a criminal law, under this proposed law the government must only show a preponderance of evidence–evidence which will almost certainly be redacted–in order to strip you of your Second Amendment right to defend yourself and your family from terrorists:

In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination under section 922A or 922B of this title. The court shall sustain the Attorney General’s determination upon a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.

Remember, you don’t have to be convicted of any crime whatsoever to end up on the terrorist watch list. You don’t even have to be charged with a crime to lose your constitutional rights under the proposed law. If this proposed legislation were to become law, some DHS bureaucrat–perhaps the type of bureaucrat who wrote earlier this year that “right-wing terrorists” pose the biggest threat to American national security–only needs to snap his fingers and add your name to the blacklist in order to immediately deprive you of your Second Amendment rights and your constitutional right to due process. You don’t even get to review the entirety of the evidence against you.

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ATF Claims It’s Not Subject To FOIA

From Guns.com:

“The ATF is not an ‘agency’ within the meaning of the FOIA, 5 U.S.C. § 552(f)(1), and is, therefore, not a proper party defendant,” the agency wrote in its answer to a complaint filed in federal court in June.

Attorney and Second Amendment scholar, David Kopel, said he didn’t know the reasoning behind the ATF answer. “I have no idea what ATF’s argument on that point is,” he said. “There is no separate FOIA law for ATF, and they are plainly an agency within the meaning of the statute.”

 

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Laura Poitras Sues U.S. Government

From EFF:

Washington, D.C. ­– Academy and Pulitzer Prize Award-winning documentary filmmaker Laura Poitras sued the Department of Justice (DOJ) and U.S. transportation security agencies today demanding they release records documenting a six-year period in which she was searched, questioned, and often subjected to hours-long security screenings at U.S. and overseas airports on more than 50 occasions. The Electronic Frontier Foundation (EFF) is representing Poitras in a Freedom of Information Act (FOIA) lawsuit against the Department of Homeland Security, DOJ, and the Office of the Director of National Intelligence.

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