Anchorage, AK-Nov. 4, 2007-The latest in the query into how the civil rights of Rob Kane were violated by the FBI while investigating Mark Avery and Security Aviation is just as puzzling as the rest of the case.
A complaint filed with the OIG by myself, "yours truly" came up with the letter posted previously, so I called the OIG office and asked them once again, Why would the OIG ask the FBI to investigate itself?
The answer is obvious, they don't want anything to do with the case complaint, or they are investigating it and don't want to let the cat-out-of-the-bag.
"We get thousands of complaints and don't have time to investigate them all," according to Cynthia Schnedar. "You will have to read our latest report of activities online and you might understand why."
But look at what she said. "Thousands of complaints."
This doesn't exactly give me a warm and fuzzy feeling about our government at work.
And now the FBI has been advised to investigate itself if they find cause.
That's cause for alarm enough.
We will see if the FBI received the letter from the OIG, or is this just further a ruse to buy time...another FOIA is on its way Cynthia.
Standby.
Sunday, November 4, 2007
Wednesday, October 24, 2007
OIG Refuses to Investigate FBI in Alaska
Anchorage, AK-Oct. 24-Amazing simply amazing.
When I sent a complaint to the Office of the Inspector General on Aug. 16 about the odd, and ruthless investigation into Security Aviation, and trial of Rob Kane by the FBI, it was lost, and I re-sent it three times.
Today I received the following letter that indicates that the OIG wants the FBI to investigate itself.
This is strange, how can this be?
Click on the image to read it better:
Tuesday, October 23, 2007
Kane Trial Information Sealed by CIPA Motion
Click on these to read:
Anchorage,AK-Oct, 23-Here art the motions and letters to seal information that the U.S. Attorney's office obtained from the intelligence community. If Kane was not an operative for a U.S government agency, or other worldwide organizations, then why was this case protected by the Classified Information Protection Act?
Please click on the images above to enlarge and read them.
Anchorage,AK-Oct, 23-Here art the motions and letters to seal information that the U.S. Attorney's office obtained from the intelligence community. If Kane was not an operative for a U.S government agency, or other worldwide organizations, then why was this case protected by the Classified Information Protection Act?
Please click on the images above to enlarge and read them.
Labels:
FBI,
Mark Avery,
OIG,
Rob Kane,
spy Security Aviation,
US Attorney
Saturday, October 20, 2007
Are we losing our "Freedom" here in the US?
Is martial law immanent in the U.S.?
Anchorage, AK-Oct. 20-I chatted yesterday with Rob Kane who is now living in the Philippines. He now has the time to take a close look at what happened during the Security Aviation investigations of 2006.
The subsequent trial where he was acquitted of possessing, ordering, and failing to register Soviet rocket launchers for L-39 jets was surely a sham, and left him with a stigma.
Despite the acquittal he can no longer travel, or work.
Although some might say that he never did work, others would argue, that's how it was supposed to look.
What a shame that after experiencing 32-days in jail, a trial, and being acquitted he is not a free man, and really he never was.
Neither are we.
Those of us who live in the U.S., pay in many forms for our birthright, some with their lives, others by taxes, most by supporting the very country where we were born in some indirect way by being a society of consumers.
To prove this point more information will be posted on this blog in the future. Should this blog disappear, or stop its postings...well you can guess what has happened to my freedom.
Please review the following posting, a transcript of a KTVA Channel 11 new story on Rob Kane's predicament.
http://www.tikkun.org/magazine/tik0703/frontpage/911critique/talkback/1178027899/discussionitem_view
Anchorage, AK-Oct. 20-I chatted yesterday with Rob Kane who is now living in the Philippines. He now has the time to take a close look at what happened during the Security Aviation investigations of 2006.
The subsequent trial where he was acquitted of possessing, ordering, and failing to register Soviet rocket launchers for L-39 jets was surely a sham, and left him with a stigma.
Despite the acquittal he can no longer travel, or work.
Although some might say that he never did work, others would argue, that's how it was supposed to look.
What a shame that after experiencing 32-days in jail, a trial, and being acquitted he is not a free man, and really he never was.
Neither are we.
Those of us who live in the U.S., pay in many forms for our birthright, some with their lives, others by taxes, most by supporting the very country where we were born in some indirect way by being a society of consumers.
To prove this point more information will be posted on this blog in the future. Should this blog disappear, or stop its postings...well you can guess what has happened to my freedom.
Please review the following posting, a transcript of a KTVA Channel 11 new story on Rob Kane's predicament.
http://www.tikkun.org/magazine/tik0703/frontpage/911critique/talkback/1178027899/discussionitem_view
Wednesday, October 17, 2007
FBI lies, the twisted truth in hopes of a conviction
(Oct. 17) Anchorage, AK-Rob Kane is alive and well in the Philippines, but he is stuck.
If ever there was a man without a country, Kane fits the definition. You see, Kane can't come back to the U.S. even "if" he wanted to.
It seems that he has been flagged by the U.S. Department of Homeland Security, and is on a 'watch list.'
Even after being acquitted (in a two-week court case) he is paying the price for what looks like a war between U.S. departments that are seeking power over each other. Kind of a war-within-a-war between government agencies.
But how can this be?
Americans are not war like, we are politically correct...or are we?
For some unknown reason it appears as if the FBI sold Kane out, in a self imploding war between field offices, some who work in the U.S. and other that do not.
It seems that the agents that are so visible these days in Alaska, are looking for something more than fish, and moose, but some hide. And Rob Kane's hide was exposed for awhile during the first days of the Security Aviation investigations.
Not that the the Anchorage Daily News helped any... they were spoon fed information from the FBI and published forty some stories about Kane and Avery. Sort of like picking a scab, until it bleeds, they continued to beat the feds drum.
Not knowing, FBI agents examining the Security Aviation case involving Mark Avery tripped over Kane, blindly and tried to discredit him because he was in the way of their trumped up case.
It all started over a crash in Ketchikan, AK that killed a U.S. Custom's agent. What prompted this deal to go sour? Maybe it was knowledge that Kane had, that Security Aviation's competitors feared...and someone squealed to the Feds in jealousy.
To see and hear more about how our taxes are being used please look at these online YouTube videos from KTVA Channel 11 News in Anchorage:
A pilot dies while repossessing Security Aviation L-39s
http://www.youtube.com/watch?v=_EGH8UCv7Jo
Omissions by the FBI in search warrants..an agent lies to the court and says "I am taking that company down" and he did!:
http://www.youtube.com/watch?v=jLtoN6DTXV0&mode=related&search=FBI%20LIES%20TO%20JUDGE%20AND%20PILOT%20DIES%20SPY%20ALASKA
FBI goes after Rob Kane, during a witch hunt for a murdered woman who is alive:
http://www.youtube.com/watch?v=g5OtDdeXk8g&mode=related&search=FBI%20LIES%20TO%20JUDGE%20AND%20PILOT%20DIES%20SPY%20ALASKA
Only an investigation into the actions of the FBI will help control this from happening needlessly again.
If ever there was a man without a country, Kane fits the definition. You see, Kane can't come back to the U.S. even "if" he wanted to.
It seems that he has been flagged by the U.S. Department of Homeland Security, and is on a 'watch list.'
Even after being acquitted (in a two-week court case) he is paying the price for what looks like a war between U.S. departments that are seeking power over each other. Kind of a war-within-a-war between government agencies.
But how can this be?
Americans are not war like, we are politically correct...or are we?
For some unknown reason it appears as if the FBI sold Kane out, in a self imploding war between field offices, some who work in the U.S. and other that do not.
It seems that the agents that are so visible these days in Alaska, are looking for something more than fish, and moose, but some hide. And Rob Kane's hide was exposed for awhile during the first days of the Security Aviation investigations.
Not that the the Anchorage Daily News helped any... they were spoon fed information from the FBI and published forty some stories about Kane and Avery. Sort of like picking a scab, until it bleeds, they continued to beat the feds drum.
Not knowing, FBI agents examining the Security Aviation case involving Mark Avery tripped over Kane, blindly and tried to discredit him because he was in the way of their trumped up case.
It all started over a crash in Ketchikan, AK that killed a U.S. Custom's agent. What prompted this deal to go sour? Maybe it was knowledge that Kane had, that Security Aviation's competitors feared...and someone squealed to the Feds in jealousy.
To see and hear more about how our taxes are being used please look at these online YouTube videos from KTVA Channel 11 News in Anchorage:
A pilot dies while repossessing Security Aviation L-39s
http://www.youtube.com/watch?v=_EGH8UCv7Jo
Omissions by the FBI in search warrants..an agent lies to the court and says "I am taking that company down" and he did!:
http://www.youtube.com/watch?v=jLtoN6DTXV0&mode=related&search=FBI%20LIES%20TO%20JUDGE%20AND%20PILOT%20DIES%20SPY%20ALASKA
FBI goes after Rob Kane, during a witch hunt for a murdered woman who is alive:
http://www.youtube.com/watch?v=g5OtDdeXk8g&mode=related&search=FBI%20LIES%20TO%20JUDGE%20AND%20PILOT%20DIES%20SPY%20ALASKA
Only an investigation into the actions of the FBI will help control this from happening needlessly again.
Tuesday, October 16, 2007
OIG Spokesperson Acknowledges Complaint in Kane Case
OIG Mouthpiece Says Complaint Will be Confirmed in Writing...Finally!
Oct. 16-Anchorage, AK-After months of waiting to hear that the Office of the Inspector General had received a complaint about irregularities in the case and investigation of Rob Kane and Security Aviation, today bore some fruit.
"You will be receiving something in writing by investigations," said Cynthia Schnedar OIG media relations spokesperson and Counsellor to the Inspector General in the Washington D.C., Office of the Inspector General.
"Por Fin"-as my wife would say, finally some consistency in a world of lies and deceit. But, I won't be holding my breath for anything soon, based on previous promises. In fact my plan is to call every office of the OIG until someone has a slip of tongue.
Why this crusade, some are asking?
Well if it can happen to Rob Kane, who had worked for the U.S. Government, although in a "somewhat" darkly lit roll, a travesty could happen to anyone, including the President of the United States.
Lies by FBI agents, trumped up evidence, (Soviet Rocket launchers on an L-39...gimme a break dudes) this needs to stop, and cease now!
To make my case about this the OIG is right now investigating other cases of improprieties by the FBI.
The funny thing is that she made the exact same statement to me, " I will neither confirm or deny that an investigation is on going,"
Read this for more background from Wired:
"The Justice Department's Inspector General and the FBI are investigating an office that sent fake, emergency letters to telecoms requesting phone records, according to the Inspector Generals office. That office lacked the authority to request the records and did not apply for the subpoenas promised in the letters.That information largely confirms a a Wired News story from last week, which revealed that top FBI officials told privacy groups that a criminal investigation of the office was underway and that individuals had been granted immunity.If the investigation looks into possible criminal violations of fraud statutes or a violation of the Electronic Communications Privacy Act, it would mark the first known investigation of government employees for violations of the Patriot Act.Cynthia Schnedar, the Counsel to the Inspector General, confirmed Thursday that a joint investigation was being conducted by the Inspector General and the FBI. She declined to specify if the investigation was criminal or administrative, saying the office's policy is not to characterize investigations.As to whether individuals in the Communications Analysis Unit had been granted immunity, Schnedar also declined to comment, saying "I can't talk about ongoing investigations."For the full Wired blog entry go to: http://blog.wired.com/27bstroke6/2007/07/inspector-gener.html
Complaint filed with Office of Inspector General falls on deaf ears
Complaint filed on Aug. 16 lost, found, never received...send again!
Another Kane deception...?
(Anchorage, AK) Oct. 15-A barrage of phone calls to the Office of the Inspector General has produced nothing in the way of acknowledgement from this U.S. Government oversight agency about a complaint filed two months ago.
The complaint was coupled with questions about the Security Aviation case and the surrounding "odd" developments filed on Aug. 16, 2007 that has never been officially recognized to the sender.After a year-and-half of covering the "Security Aviation" case for the Alaska Journal of Commerce, I filed a complaint about investigations, events, and procedures surrounding this odd case.
The upshot is that events produced a court case acquittal for Rob Kane, and an admission of guilt by Mark Avery who claims to have stolen $52 million from the May Smith Trust Fund during events surrounding his activities at Anchorage based, Security Aviation in 2005.
The first round of OIG submissions started on Aug. 16th, was done by fax from the office of the Journal of Commerce. Days later I called the OIG "hot-line" in Washington, D.C. and was told that in fact no fax from me had been received.
My next move was to send it from my home fax so that I could personally hear, and see the fax data sucked into the whirlpool of the OIG's complaint office for myself. It went through without delay.
A week later I called and talked to an OIG agent who then told me that my fax/complaint had been received but he was forwarding it to a "field office" where my questions would be addressed. Also noting that I would receive a letter of receipt within 14-days of their receipt.
The letter never came.
So a month later I called and talked to OIG media relations spokesperson and Counsellor to the Inspector General, Cynthia Schnedar, who said she had no knowledge of the complaint, there was no record of the complaint, and that I needed to send it to her at a different fax number.
I did this the middle of September.
Having no notice that OIG had received the fax I called back again. I was told that Ms. Schneider would return my phone call.
She never called.
After a third try it was time to take things a step higher to the OIG oversight division.
Knowing that my efforts here-to-fore had not worked, I thought that perhaps a Freedom of Information Act request acknowledging that OIG had received my fax would garner a response.
A FOIA was filed on Sept. 19.Still nothing to date.
Seven days later I called the oversight division and spoke with an agent who said that she would try to find the complaint and asked for the names, and numbers where the faxes were sent. She also added that she would report this to the proper people to move things along.
I called last week Oct. 8, and the OIG secretary for Schneder said that the complaint had been received, and that Ms. Schnedar would call me back the next day about it.
No call from Schneider ever came.
Still nothing, and this is the middle of October.
What gives? An investigation that will slam the FBI, the U.S. Attorney's office, or an excuse that mice ate the complaint?Today I re-called Cynthia Schnedar who was going into an interview, and did not have the time to talk to me, her secretary asked if she could call me back tomorrow.
This is the third time I was asked politely to wait for her call."I am inclined to say NO, I would prefer to talk to her right now," was my response.
After a hold--pause, the secretary receptionist came back on and said that Ms. Schnedar could not talk to me and did I request that she return the call tomorrow? "Sure, I will give it another try," I said.
If corruption is the basis for cases investigated by the FBI, and turned over the U.S. Attorney's Office who then railroads cases into court with missing evidence, lies and trumped up evidence, who is metering these guys anyway?
Can they act like Nazi SS, or KGB officer now that we are all under the shadow of the Patriot Act?I am a tax paying U.S. citizen who just happens to also be a messenger of facts as a journalist, and right now it looks like our government has no legal guidelines.
A free ride to railroad us into oblivion.Is this a free country, where now we even have to pay for water to live, what's next the air we breath?
It appears to me that our rights as citizens to demand control over the very government we elect has been lost, or maybe misfiled, or in a trash can in the mail room, or lost in the voicemail system, or.....censored.
Complaint filed on Aug. 16 lost, found, never received...send again!
Another Kane deception...?
(Anchorage, AK) Oct. 15-A barrage of phone calls to the Office of the Inspector General has produced nothing in the way of acknowledgement from this U.S. Government oversight agency about a complaint filed two months ago.
The complaint was coupled with questions about the Security Aviation case and the surrounding "odd" developments filed on Aug. 16, 2007 that has never been officially recognized to the sender.After a year-and-half of covering the "Security Aviation" case for the Alaska Journal of Commerce, I filed a complaint about investigations, events, and procedures surrounding this odd case.
The upshot is that events produced a court case acquittal for Rob Kane, and an admission of guilt by Mark Avery who claims to have stolen $52 million from the May Smith Trust Fund during events surrounding his activities at Anchorage based, Security Aviation in 2005.
The first round of OIG submissions started on Aug. 16th, was done by fax from the office of the Journal of Commerce. Days later I called the OIG "hot-line" in Washington, D.C. and was told that in fact no fax from me had been received.
My next move was to send it from my home fax so that I could personally hear, and see the fax data sucked into the whirlpool of the OIG's complaint office for myself. It went through without delay.
A week later I called and talked to an OIG agent who then told me that my fax/complaint had been received but he was forwarding it to a "field office" where my questions would be addressed. Also noting that I would receive a letter of receipt within 14-days of their receipt.
The letter never came.
So a month later I called and talked to OIG media relations spokesperson and Counsellor to the Inspector General, Cynthia Schnedar, who said she had no knowledge of the complaint, there was no record of the complaint, and that I needed to send it to her at a different fax number.
I did this the middle of September.
Having no notice that OIG had received the fax I called back again. I was told that Ms. Schneider would return my phone call.
She never called.
After a third try it was time to take things a step higher to the OIG oversight division.
Knowing that my efforts here-to-fore had not worked, I thought that perhaps a Freedom of Information Act request acknowledging that OIG had received my fax would garner a response.
A FOIA was filed on Sept. 19.Still nothing to date.
Seven days later I called the oversight division and spoke with an agent who said that she would try to find the complaint and asked for the names, and numbers where the faxes were sent. She also added that she would report this to the proper people to move things along.
I called last week Oct. 8, and the OIG secretary for Schneder said that the complaint had been received, and that Ms. Schnedar would call me back the next day about it.
No call from Schneider ever came.
Still nothing, and this is the middle of October.
What gives? An investigation that will slam the FBI, the U.S. Attorney's office, or an excuse that mice ate the complaint?Today I re-called Cynthia Schnedar who was going into an interview, and did not have the time to talk to me, her secretary asked if she could call me back tomorrow.
This is the third time I was asked politely to wait for her call."I am inclined to say NO, I would prefer to talk to her right now," was my response.
After a hold--pause, the secretary receptionist came back on and said that Ms. Schnedar could not talk to me and did I request that she return the call tomorrow? "Sure, I will give it another try," I said.
If corruption is the basis for cases investigated by the FBI, and turned over the U.S. Attorney's Office who then railroads cases into court with missing evidence, lies and trumped up evidence, who is metering these guys anyway?
Can they act like Nazi SS, or KGB officer now that we are all under the shadow of the Patriot Act?I am a tax paying U.S. citizen who just happens to also be a messenger of facts as a journalist, and right now it looks like our government has no legal guidelines.
A free ride to railroad us into oblivion.Is this a free country, where now we even have to pay for water to live, what's next the air we breath?
It appears to me that our rights as citizens to demand control over the very government we elect has been lost, or maybe misfiled, or in a trash can in the mail room, or lost in the voicemail system, or.....censored.
Labels:
Alaska spy,
FBI,
Mark Avery,
Rob Kane,
Security Aviation,
US Attorney
Thursday, October 4, 2007
Legal trouble in Alaska: How attornies screw up
(ANCHORAGE, AK) Oct. 4-When I got the call from Rob Kane that lawyer Paul Stockler had settled with the U.S. Bankruptcy Court in Anchorage I was amused. Stockler was sued by the U.S. Bankruptcy Court trustee for records of his expenditures while working for Mark Avery.
Stockler had been handling finances for Mark Avery while he owned and ran Security Aviation. As such he had access to millions of dollars of Avery's money, and had the power to write checks and pay accounts. According to court documents Stockler had paid off millions in debt before Avery filed Chapter 11.
A glitch in this case is that Kane has been implicated and in some cases denied being a "real" creditor of the court because the trustee believes that Stockler and Kane worked together to steal money from Avery.
According to Kane, Stockler was supposed to pay him but re-routed several hundred thousand dollars of Kane's to the U.S. Bankruptcy court, when Avery filed for Chapter 11.
Later I received a stack of papers that showed that Stockler had e-traded millions of dollars in stocks over the Internet, and lost plenty. Where did the money come from? His interest in a bar in downtown Anchorage. I don't think so.
Now he is settling with the U.S. Bankruptcy Court Trustee, and why? What does he have to loose?
Being able to practice law in Alaska that's what.
Where does this leave Kane?
We will see as his case is coming up in November, and his attorneys think that that no one has ever proved in court that he is guilty of coercion with Stockler, or has planned, or executed illegal dealings.
Kane is irritated with Stockler because he never paid money owed to him for jobs he did for Avery.
Time will tell.
Stockler had been handling finances for Mark Avery while he owned and ran Security Aviation. As such he had access to millions of dollars of Avery's money, and had the power to write checks and pay accounts. According to court documents Stockler had paid off millions in debt before Avery filed Chapter 11.
A glitch in this case is that Kane has been implicated and in some cases denied being a "real" creditor of the court because the trustee believes that Stockler and Kane worked together to steal money from Avery.
According to Kane, Stockler was supposed to pay him but re-routed several hundred thousand dollars of Kane's to the U.S. Bankruptcy court, when Avery filed for Chapter 11.
Later I received a stack of papers that showed that Stockler had e-traded millions of dollars in stocks over the Internet, and lost plenty. Where did the money come from? His interest in a bar in downtown Anchorage. I don't think so.
Now he is settling with the U.S. Bankruptcy Court Trustee, and why? What does he have to loose?
Being able to practice law in Alaska that's what.
Where does this leave Kane?
We will see as his case is coming up in November, and his attorneys think that that no one has ever proved in court that he is guilty of coercion with Stockler, or has planned, or executed illegal dealings.
Kane is irritated with Stockler because he never paid money owed to him for jobs he did for Avery.
Time will tell.
Labels:
Alaska,
Anchorage Daily News,
Avery,
FBI,
Rob Kane,
Security Aviation spy
Thursday, September 27, 2007
Who are Patriots...and who are not! The AP reports: light at the end of the tunnel
Antiterror laws ruled unconstitutional
PORTLAND, Ore. (AP) A federal judge issued a stern rebuke of a key White House antiterror law, striking down as unconstitutional two pillars of the USA Patriot Act.
U.S. District Judge Ann Aiken ruled Wednesday that using the act to authorize secret searches and wiretapping to gather criminal evidence - instead of intelligence gathering - violates the constitutional protection against unreasonable searches and seizures.
"For over 200 years, this nation has adhered to the rule of law - with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised," Aiken wrote.
The case began when the FBI misidentified a fingerprint in the Madrid train bombings that killed 191 people in 2004, leading investigators to a Portland attorney whose home and office were secretly searched and bugged.
The FBI eventually apologized to the attorney, Brandon Mayfield, for its mistake and the federal government settled his lawsuit for $2 million.
But Mayfield challenged the Patriot Act over the searches and surveillance, claiming various civil rights violations.
By asking her to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so."
Elden Rosenthal, an attorney for Mayfield, issued a statement on his behalf praising the judge, saying Aiken "has upheld both the tradition of judicial independence, and our nation's most cherished principle of the right to be secure in one's own home."
Justice Department spokesman Peter Carr said the agency was reviewing the decision. He declined to comment further.
The case shows that pushing the Patriot Act to the limit may backfire on the Bush administration, said Garrett Epps, a constitutional law expert at the University of Oregon.
"They've been so aggressive in their assertions of statutory and constitutional authority that it has alienated courts," Epps said. "Judges just don't trust them. The Bush administration has shot itself in the foot."
Although the ruling was not expected to have any immediate effect on enforcement under the Patriot Act, it could have a major impact if it is appealed and upheld, said Michael Greenberger, director of the Center for Health and Homeland Security at the University of Maryland.
He called Aiken's analysis of the law "extraordinarily sound" and said the bungled government investigation opened the door to the Patriot Act challenge by finally allowing someone to show the government is using a secret court called the Foreign Intelligence Surveillance Court to bypass the Constitution.
"The high irony of this is that, if the government had never heard of Brandon Mayfield, they would not have this ruling today," Greenberger said. "They essentially got caught with their pants down."
The Mayfield case was the second major legal setback for the administration this month after the ACLU won a Patriot Act challenge in New York on behalf of an Internet service provider that was issued a "national security letter" demanding customer phone and computer records. The federal judge in that case ruled the FBI must justify to a court the need for secrecy for more than a brief and reasonable period of time.
The Mayfield case has been an embarrassment for the federal government. Last year, the Justice Department's internal watchdog faulted the FBI for sloppy work in mistakenly linking Mayfield to the Madrid bombings. That report said federal prosecutors and FBI agents had made inaccurate and ambiguous statements to a federal judge to get arrest and criminal search warrants against Mayfield.
Congress passed the Patriot Act with little debate shortly after the Sept. 11, 2001, attacks to help counter terrorist activities. It gave federal law enforcers the authority to search telephone and e-mail communications and expanded the Treasury Department's regulation of financial transactions involving foreign nationals. The law was renewed in 2005.
In early August, the Bush administration persuaded lawmakers to expand the government's power to listen in on any foreign communication it deemed of interest without a court order, even if an American was a party. The expanded surveillance authority expires early next year. As Congress takes a closer look at the law, many Democrats want to rein in language that many consider overly broad.
PORTLAND, Ore. (AP) A federal judge issued a stern rebuke of a key White House antiterror law, striking down as unconstitutional two pillars of the USA Patriot Act.
U.S. District Judge Ann Aiken ruled Wednesday that using the act to authorize secret searches and wiretapping to gather criminal evidence - instead of intelligence gathering - violates the constitutional protection against unreasonable searches and seizures.
"For over 200 years, this nation has adhered to the rule of law - with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised," Aiken wrote.
The case began when the FBI misidentified a fingerprint in the Madrid train bombings that killed 191 people in 2004, leading investigators to a Portland attorney whose home and office were secretly searched and bugged.
The FBI eventually apologized to the attorney, Brandon Mayfield, for its mistake and the federal government settled his lawsuit for $2 million.
But Mayfield challenged the Patriot Act over the searches and surveillance, claiming various civil rights violations.
By asking her to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so."
Elden Rosenthal, an attorney for Mayfield, issued a statement on his behalf praising the judge, saying Aiken "has upheld both the tradition of judicial independence, and our nation's most cherished principle of the right to be secure in one's own home."
Justice Department spokesman Peter Carr said the agency was reviewing the decision. He declined to comment further.
The case shows that pushing the Patriot Act to the limit may backfire on the Bush administration, said Garrett Epps, a constitutional law expert at the University of Oregon.
"They've been so aggressive in their assertions of statutory and constitutional authority that it has alienated courts," Epps said. "Judges just don't trust them. The Bush administration has shot itself in the foot."
Although the ruling was not expected to have any immediate effect on enforcement under the Patriot Act, it could have a major impact if it is appealed and upheld, said Michael Greenberger, director of the Center for Health and Homeland Security at the University of Maryland.
He called Aiken's analysis of the law "extraordinarily sound" and said the bungled government investigation opened the door to the Patriot Act challenge by finally allowing someone to show the government is using a secret court called the Foreign Intelligence Surveillance Court to bypass the Constitution.
"The high irony of this is that, if the government had never heard of Brandon Mayfield, they would not have this ruling today," Greenberger said. "They essentially got caught with their pants down."
The Mayfield case was the second major legal setback for the administration this month after the ACLU won a Patriot Act challenge in New York on behalf of an Internet service provider that was issued a "national security letter" demanding customer phone and computer records. The federal judge in that case ruled the FBI must justify to a court the need for secrecy for more than a brief and reasonable period of time.
The Mayfield case has been an embarrassment for the federal government. Last year, the Justice Department's internal watchdog faulted the FBI for sloppy work in mistakenly linking Mayfield to the Madrid bombings. That report said federal prosecutors and FBI agents had made inaccurate and ambiguous statements to a federal judge to get arrest and criminal search warrants against Mayfield.
Congress passed the Patriot Act with little debate shortly after the Sept. 11, 2001, attacks to help counter terrorist activities. It gave federal law enforcers the authority to search telephone and e-mail communications and expanded the Treasury Department's regulation of financial transactions involving foreign nationals. The law was renewed in 2005.
In early August, the Bush administration persuaded lawmakers to expand the government's power to listen in on any foreign communication it deemed of interest without a court order, even if an American was a party. The expanded surveillance authority expires early next year. As Congress takes a closer look at the law, many Democrats want to rein in language that many consider overly broad.
Monday, September 17, 2007
Surprise in AK: The FBI and Justice Dept.Strike again!
ANCHORAGE, Alaska-Sept. 17-2007-An Associated Press story below sums up what Rob Kane and his attorneys, and now others who are being prosecuted know, the FBI and even the Justice Department is out of control in Alaska.
Lies, coercion, who knows phony evidence, and power of the press is a great formula for a U.S. agency, and the so called "Justice Department" are making up the rules as they go. Is this the land of the free, home of the brave?...read below and come to your own conclusions:
ANCHORAGE, Alaska (AP) - The Justice Department inappropriately pressured a former state lawmaker to consider pleading guilty in a corruption case, according to his lawyer, who wants a federal judge to review the agency's actions.
The claim is surfacing in a bribery investigation that has now stretched to Capitol Hill, where Sen. Ted Stevens and Rep. Don Young, both from Alaska, are under scrutiny.
A lawyer for former state Rep. Vic Kohring said the FBI recently used another state lawmaker, who was cooperating with investigators, to press Kohring to take a plea deal.
Investigators normally are prohibited from contacting defendants once they have a lawyer.
Kohring has pleaded not guilty to bribery and extortion charges despite what defense lawyer John Henry Browne contended was persistent pressure from the Justice Department to change the plea.
That pressure culminated recently, Browne said, when Kohring's former aide received a call from an aide in state Sen. Fred Dyson's office. The message, Browne said, was to take a plea deal.
It was only last week that Browne learned Dyson had been working with investigators since 2006. Details about the cooperation emerged in a related trial and showed that Dyson helped prosecutors persuade oil contractor Bill Allen to cooperate in the overarching investigation.
Allen, the founder of the politically powerful oil services company VECO Corp., became a key witness against Kohring and other lawmakers and has provided investigators information about Stevens.
"Here we have somebody who's a lapdog for the government encouraging me and Vic not to exercise our right to trial," Browne said.
Bryan Sierra, a spokesman at the Justice Department's headquarters in Washington, which is prosecuting the case, declined comment.
Browne planned to raise the issue in court Monday during a pretrial hearing. If he persuades a judge that Dyson initiated the contact at the government's behest, it could sink the government's case against Kohring.
A telephone message left at Dyson's home was not immediately returned Sunday. When Kohring's lawyers questioned Dyson about his FBI contacts in an e-mail last month, Dyson denied making the overture at the government's prompting. But he again encouraged Kohring to consider a deal.
"My sense of the FBI investigations is that it is not a witch hunt and that they mostly want to nail the really bad guys," Dyson wrote in an e-mail to Kohring's lawyers, who provided the message to The Associated Press.
Dyson wrote that Kohring could "avoid a good deal of stress and bad press at trial by at least sitting down with the Feds" to consider "an attractive alternative."
Kohring is one of several Alaska lawmakers under indictment for their dealings with VECO.
Allen, a longtime friend and political supporter of Stevens, testified last week that his employees helped renovate the senator's home in 2000. Stevens has said he paid every bill he received.
VECO also helped organize fundraisers for Young, who has come under scrutiny in the investigation.
Prosecutors have asked whether Kohring has any information about Stevens but he does not, Browne said. Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Labels:
FBI,
Justice Department,
Security Aviation. spy,
VECO
Thursday, September 13, 2007
Missing Testimony: Security Aviation case stranger than fiction
ANCHORAGE, AK-The ongoing bankruptcy cases against Security Aviation and former owner Mark Avery have taken on some new quirks.
At an August 22 U.S. Bankruptcy Court hearing in Anchorage attorneys entered motions to consolidate the Security Aviation bankruptcy into Chapter 7 liquidation. Still there is no word on how the U.S. Bankruptcy Court will rule on this motion.
Additionally another twist in the case has one of three recordings of the initial meetings of the creditors, called a 341 hearing, missing, according to attorneys for Rob Kane and Paul Stockler.
The U.S. Trustee believes that Kane and Stockler together allegedly absconded with funds from Security Aviation. This claim has not been proven in court.
The testimony that is missing included testimony by Avery and by Kane.
A letter by attorney Ostrovsky says that the missing testimony by Avery is pertinent to the case.
Ostrovsky wrote Kay Hill, assistant U.S. Trustee the following in a letter:
“As it turned out, the trustee failed to have transcribed an hour and twenty minutes of the 341 meeting on those dates (June 2007). That time comprised Mr. Kane’s counsel questioning Mr. Avery and eliciting testimony favorable to Mr. Kane. The trustee used the partial transcript in support of a number of motions, never advising the Court or the parties that the transcript was incomplete (despite the notice which implies the contrary). The omission was only discovered when counsel for Mr. Kane began an in depth review of the transcript after counsel for the trustee claimed- based on the partial transcript- that Mr. Avery had testified very differently than counsel for Mr. Kane remembered. These matters are set out in Mr. Rader’s (attorney for Rob Kane) motion in the Security Aviation case at docket 95.”
Ostrovsky calls the omissions an extremely rare occurrence in his letter.
Cabot Christianson, an attorney for the trustees would not comment on the missing testimony and did not return messages or phone calls.
Federal Bureau of Investigations media contacts in San Francisco where the recordings were made denied having any knowledge of the incident, and referred calls about this to the Anchorage FBI office.
Eric Gonzales, media contact for the FBI in Alaska also stated that he no knowledge of the missing transcription or an investigation.
After repeated questioning, the Office of the U.S. Inspector about whether there was an ongoing investigation of this matter have turned up empty. To date they have not replied to numerous requests for information, and will not comment about it.
Kane who was a business affiliate of Security Aviation has claims against Avery and Security Aviation for $250,000 for services rendered in obtaining contracts for Security Aviation.
However trustee Barstow is not recognizing the claim. Attorneys refer to Kane as not a real creditor. The trustee seized property in 2006, in the form of diamonds and a motor home that Kane was given by Avery in lieu of payment.
After 90 minutes of court spattering by attorneys for the bankruptcy trustee, Gary Spraker asked the court to consolidate the bankruptcy into a Chapter 7 case, and asked for permission to obtain fees to file with the IRS.
U.S. Bankruptcy Judge Donald McDonald said that he would study the motions and issue a memo whether or not to allow the consolidation request. At this time McDonald’s memo has not been filed with the bankruptcy court.
End-
At an August 22 U.S. Bankruptcy Court hearing in Anchorage attorneys entered motions to consolidate the Security Aviation bankruptcy into Chapter 7 liquidation. Still there is no word on how the U.S. Bankruptcy Court will rule on this motion.
Additionally another twist in the case has one of three recordings of the initial meetings of the creditors, called a 341 hearing, missing, according to attorneys for Rob Kane and Paul Stockler.
The U.S. Trustee believes that Kane and Stockler together allegedly absconded with funds from Security Aviation. This claim has not been proven in court.
The testimony that is missing included testimony by Avery and by Kane.
A letter by attorney Ostrovsky says that the missing testimony by Avery is pertinent to the case.
Ostrovsky wrote Kay Hill, assistant U.S. Trustee the following in a letter:
“As it turned out, the trustee failed to have transcribed an hour and twenty minutes of the 341 meeting on those dates (June 2007). That time comprised Mr. Kane’s counsel questioning Mr. Avery and eliciting testimony favorable to Mr. Kane. The trustee used the partial transcript in support of a number of motions, never advising the Court or the parties that the transcript was incomplete (despite the notice which implies the contrary). The omission was only discovered when counsel for Mr. Kane began an in depth review of the transcript after counsel for the trustee claimed- based on the partial transcript- that Mr. Avery had testified very differently than counsel for Mr. Kane remembered. These matters are set out in Mr. Rader’s (attorney for Rob Kane) motion in the Security Aviation case at docket 95.”
Ostrovsky calls the omissions an extremely rare occurrence in his letter.
Cabot Christianson, an attorney for the trustees would not comment on the missing testimony and did not return messages or phone calls.
Federal Bureau of Investigations media contacts in San Francisco where the recordings were made denied having any knowledge of the incident, and referred calls about this to the Anchorage FBI office.
Eric Gonzales, media contact for the FBI in Alaska also stated that he no knowledge of the missing transcription or an investigation.
After repeated questioning, the Office of the U.S. Inspector about whether there was an ongoing investigation of this matter have turned up empty. To date they have not replied to numerous requests for information, and will not comment about it.
Kane who was a business affiliate of Security Aviation has claims against Avery and Security Aviation for $250,000 for services rendered in obtaining contracts for Security Aviation.
However trustee Barstow is not recognizing the claim. Attorneys refer to Kane as not a real creditor. The trustee seized property in 2006, in the form of diamonds and a motor home that Kane was given by Avery in lieu of payment.
After 90 minutes of court spattering by attorneys for the bankruptcy trustee, Gary Spraker asked the court to consolidate the bankruptcy into a Chapter 7 case, and asked for permission to obtain fees to file with the IRS.
U.S. Bankruptcy Judge Donald McDonald said that he would study the motions and issue a memo whether or not to allow the consolidation request. At this time McDonald’s memo has not been filed with the bankruptcy court.
End-
Labels:
Alaska,
bankruptcy,
FBI,
Security Aviation. spy,
strange
Saturday, September 8, 2007
Lies behind a blog offered in Mindanao
The information in the blog session below called Mystery Man is skewed and incorrect. The person who wrote this has pirated information that was sensationalized in the Anchorage Daily News last year.
Now hiding behind a hidden identity the writer has forged ahead to further cloud the waters of fact in the life of Rob Kane.
Perhaps one should ask why was Paul Stockler sued by the U.S. Bankruptcy Court last week? Who has the most to lose here?
If you doubt if there is a real mystery here then why was the Classified Information Protection Act envoked in court during Kane's trial?
http://zamboangajournal.blogspot.com/2007/09/mystery-man-anchorage-daily-news.html
Now hiding behind a hidden identity the writer has forged ahead to further cloud the waters of fact in the life of Rob Kane.
Perhaps one should ask why was Paul Stockler sued by the U.S. Bankruptcy Court last week? Who has the most to lose here?
If you doubt if there is a real mystery here then why was the Classified Information Protection Act envoked in court during Kane's trial?
http://zamboangajournal.blogspot.com/2007/09/mystery-man-anchorage-daily-news.html
Labels:
Alaska,
Anchorage Daily News,
CIA,
CIPA,
FBI,
Mystery Man,
secret agent,
Security Aviation. spy
Wednesday, September 5, 2007
What is real, and what is not?
Is the FBI and the CIA operating in the Philippines, as Rob Kane said they were? Decide for yourself.
This was published in the online web report from the January 20, 2007 edition of the Philippines Star:
He explained that the two FBI agents would only come in whenever an Abu Sayyaf member or a suspected terrorist is killed.
FBI agents were recently sent to Sulu to get DNA samples from a corpse believed to be that of Abu Sayyaf chieftain Khadaffy Janjalani.
Abu Sayyaf rebels who have turned themselves in led government troops to the location where Janjalani was buried, after the Abu Sayyaf leader was allegedly killed during an encounter with government troops last year in Patikul, Sulu.
Army special forces also killed Abu Sayyaf spokesman Jainal Antel Sali Jr., alias Abu Solaiman, during a firefight in Talipao, Sulu last Tuesday.
The US Embassy in Manila remained mum over reports on the presence of FBI and CIA agents in Mindanao.
-End-
This was published in the online web report from the January 20, 2007 edition of the Philippines Star:
He explained that the two FBI agents would only come in whenever an Abu Sayyaf member or a suspected terrorist is killed.
FBI agents were recently sent to Sulu to get DNA samples from a corpse believed to be that of Abu Sayyaf chieftain Khadaffy Janjalani.
Abu Sayyaf rebels who have turned themselves in led government troops to the location where Janjalani was buried, after the Abu Sayyaf leader was allegedly killed during an encounter with government troops last year in Patikul, Sulu.
Army special forces also killed Abu Sayyaf spokesman Jainal Antel Sali Jr., alias Abu Solaiman, during a firefight in Talipao, Sulu last Tuesday.
The US Embassy in Manila remained mum over reports on the presence of FBI and CIA agents in Mindanao.
-End-
Labels:
CIA,
FBI,
Rob Kane,
secret agent,
Security Aviation. spy
Tuesday, September 4, 2007
Monday, September 3, 2007
Trouble in the Phillipines
Kane hassled on arrival by U.S. agents
By AKFotoman
(Sept. 2, 2007)-Lapu-Lapu City, Philippines-An American citizen who lives in Alaska was briefly detained at the Mactan-Cebu International Airport Sunday.
Rob Kane, an Anchorage, Alaska USA resident was detained byPhilippine customs agents there and accused of smuggling counterfeit U.S. currency.
"They didn't even inspect our luggage," said Kane. "They just surrounded me with a dozen men with AR-16 rifles and started asking questions. It was pretty tense for a few minutes."
Kane was returning to the Philippines with his wife Karen and their three children. Karen Kane is a Filipino who had been living in Alaska.
Kane said that he believes that he was flagged by U.S. customs for work he had done in 2004 when he recovered currency for the US Federal Bureau of Investigation and the Central Intelligence Agency.
The currency and gold bullion was located at the bottom of lake in a downed aircraft and was to have been used to support an insurgency movement in the Philippines, according to Kane. The gold and counterfeit currency was in an area that was controlled by Abu Seif terrorists, that Kane infiltrated, according to him.
All of the counterfeit and gold was turned over to the FBI and the CIA, according to Kane.
Kane received notoriety when he was arrested and served 32 days in jail in 2006 for obtaining and possessing Soviet made rocket launchers that were to be used on Czech built L-39 jets.
The jets were owned by Anchorage based Security Aviation and were to be used for U.S. Defense Department contracts. Kane was eventually acquitted in a two week trial, but suffered back injuries while in jail. Kane alleges that U.S. agents mistreated him while he was incarcerated.
Security Aviation's owner Mark Avery, later admitted to getting loans against a trust fund that amounted to $52 million. Avery is accused of raiding the trust of May and Stanley Smith, who was married to Stanley Smith after acting as an interpreter of Chinese leader Chang Kai-shek.
Avery assumed the position of trustee after his father, a wealthy San Francisco attorney left him his clients.
Kane was repeatedly bashed as a "phony" agent by the Anchorage Daily News in more than 40 different articles. Kane was later avenged when details of his life as a counter operative came to light in the court case that was fed with dubious information by the FBI.
Kane was released after a brief verbal fray with Philippines U.S. Customs Attache Douglas Creer.
"They were going to arrest me until I showed them my status as a Commander in the Philippine Coast Guard, and had them talk to my cousin who is a general in the military here," said Kane.
While Kane was in jail wife Karen Kane was threatened with deportation by US officials if she did not reveal Kane's contacts, which she did not do, according to Kane.
Kane and his family were released to continue their travels in the Philippines.
U.S. Customs could not be reached for comment on this event.
By AKFotoman
(Sept. 2, 2007)-Lapu-Lapu City, Philippines-An American citizen who lives in Alaska was briefly detained at the Mactan-Cebu International Airport Sunday.
Rob Kane, an Anchorage, Alaska USA resident was detained byPhilippine customs agents there and accused of smuggling counterfeit U.S. currency.
"They didn't even inspect our luggage," said Kane. "They just surrounded me with a dozen men with AR-16 rifles and started asking questions. It was pretty tense for a few minutes."
Kane was returning to the Philippines with his wife Karen and their three children. Karen Kane is a Filipino who had been living in Alaska.
Kane said that he believes that he was flagged by U.S. customs for work he had done in 2004 when he recovered currency for the US Federal Bureau of Investigation and the Central Intelligence Agency.
The currency and gold bullion was located at the bottom of lake in a downed aircraft and was to have been used to support an insurgency movement in the Philippines, according to Kane. The gold and counterfeit currency was in an area that was controlled by Abu Seif terrorists, that Kane infiltrated, according to him.
All of the counterfeit and gold was turned over to the FBI and the CIA, according to Kane.
Kane received notoriety when he was arrested and served 32 days in jail in 2006 for obtaining and possessing Soviet made rocket launchers that were to be used on Czech built L-39 jets.
The jets were owned by Anchorage based Security Aviation and were to be used for U.S. Defense Department contracts. Kane was eventually acquitted in a two week trial, but suffered back injuries while in jail. Kane alleges that U.S. agents mistreated him while he was incarcerated.
Security Aviation's owner Mark Avery, later admitted to getting loans against a trust fund that amounted to $52 million. Avery is accused of raiding the trust of May and Stanley Smith, who was married to Stanley Smith after acting as an interpreter of Chinese leader Chang Kai-shek.
Avery assumed the position of trustee after his father, a wealthy San Francisco attorney left him his clients.
Kane was repeatedly bashed as a "phony" agent by the Anchorage Daily News in more than 40 different articles. Kane was later avenged when details of his life as a counter operative came to light in the court case that was fed with dubious information by the FBI.
Kane was released after a brief verbal fray with Philippines U.S. Customs Attache Douglas Creer.
"They were going to arrest me until I showed them my status as a Commander in the Philippine Coast Guard, and had them talk to my cousin who is a general in the military here," said Kane.
While Kane was in jail wife Karen Kane was threatened with deportation by US officials if she did not reveal Kane's contacts, which she did not do, according to Kane.
Kane and his family were released to continue their travels in the Philippines.
U.S. Customs could not be reached for comment on this event.
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