Thursday, August 25, 2005
Actually, the racial disparity was not found to exist in connection with who is stopped, but rather post-stop treatment. Minorities are substantially more likely to be searched, handcuffed, etc. than whites. Story . . . [Mark Godsey]
Monday, August 1, 2005
Monday, July 18, 2005
From Findlaw.com: Portland, OR (AP): "The day before a Portland attorney was wrongly arrested on suspicion of involvement in the Madrid train bombings, an FBI official stated in an e-mail that the agency did not have enough evidence to arrest the man on criminal charges. The recently declassified e-mail, written by Portland FBI spokeswoman Beth Anne Steele in May 2004, also noted that the attorney, Brandon Mayfield, was a Muslim convert. And it said the FBI had a plan to arrest Mayfield 'if and when' his supposed link to the March 2004 terrorist attack 'gets outed by the media.'
Mayfield was arrested a day later under the material witness law, which allows the arrest and detention of witnesses who might flee before testifying in criminal cases. The FBI said at the time that fingerprints found on a bag of detonators near the bombings had been matched to Mayfield. Two weeks later, the FBI admitted the fingerprints belonged to someone else, freed Mayfield and apologized to him.
Mayfield, 38, has filed a lawsuit against the U.S. government, alleging he was singled out as a Muslim, and that the government violated his constitutional rights by wrongly arresting him, as well as by wiretapping his house prior to his arrest. Michael Greenberger, a former Justice Department official who heads the University of Maryland's Center for Health and Homeland Security, said: 'This e-mail corroborates what is already widely known - that when the Justice Department does not have probable cause to make a criminal arrest, but they have a suspicion that someone is involved in terrorist activities, one tactic is to arrest them as a material witness.' Such use of the material witness law raises constitutional problems,' he said, because the person can be held for long periods without access to legal protections that come with a normal arrest." Story... [Mark Godsey]
Wednesday, November 10, 2004
The Associated Press reports that a man who died in prison after being framed by mobsters who were FBI informants has been posthumously exonerated by the Massachusetts courts. http://www.nytimes.com/2004/11/05/national/05mob.html
Judge Nancy Gertner of the District of Massachusetts recently ruled that a lawsuit against the United States based on the frame up may proceed. Opinion here:http://pacer.mad.uscourts.gov/dc/opinions/gertner/pdf/limonememosept04.pdf