Posts Tagged ‘District Judge’

HELENA, Mont. A federal judge on Thursday reinstated protections for wolves in Montana and Idaho, saying the government made a political decision in removing the protections from just two of the states where Northern Rocky Mountain wolves roam.The decision puts a halt to wolf hunts in Montana and Idaho planned for this fall. Montana wildlife regulators last month set the wolf-hunt quota at 186, more than doubling last year’s number, with the aim of reducing the state’s wolf population.U.S. District Judge Donald Molloy in Missoula said in his ruling that the entire region’s wolf population either must be listed as an endangered species or removed from the list, but the protections for the same population can’t be different for each state.

Last year, the U.S. Fish and Wildlife Service turned over wolf management to Montana and Idaho wildlife officials but left federal endangered species protections in place for wolves in Wyoming. There, legislators have approved a plan classifying wolves in most areas of the state outside the vicinity of Yellowstone National Park as predators that could be shot on site.

Molloy sided with the wildlife advocates who sued the federal government, ruling that Endangered Species Act does not allow the Fish and Wildlife Service to list only part of a species as endangered, and the federal agency must protect the entire Northern Rocky Mountain wolf population.”The rule delisting the gray wolf must be set aside because, though it may be a pragmatic solution to a difficult biological issue, it is not a legal one,” Molloy wrote.

Gray wolves were listed as endangered in 1974, but following a reintroduction program in the mid-1990s, there are now more than 1,700 in the Northern Rockies, which includes all of Idaho, Montana and Wyoming, along with portions of Washington, Oregon and Utah.Defenders of Wildlife, the Greater Yellowstone Coalition and other wildlife advocates sued the federal government after the Fish and Wildlife Service decision in April 2009. They argued that the government’s decision would have set a precedent allowing the government to arbitrarily choose which animals should be protected and where.

Doug Honnold, an attorney for EarthJustice representing the plaintiffs, said he was gratified by the ruling, though he is sure there will be another chapter to the story.”For today, we are celebrating that the approach we thought was flatly illegal has been rejected. The troubling consequences for the Endangered Species Act have been averted and the wolf hunts are blocked,” Honnold said.

The plaintiffs don’t want wolves on the endangered species list forever, but they do want a solid plan in place, said Suzanne Stone, Northern Rockies representative for Defenders of Wildlife. The government’s plan was poorly devised and would have allowed too many wolves to be killed, she said.”We need a good wolf management and delisting that allows for a healthy interconnected wolf population,” Stone said.

Officials with the U.S. Fish and Wildlife Service and the Idaho Department of Fish and Game declined to comment immediately after the ruling was released, saying they had yet to read the whole decision.The Montana Fish, Wildlife & Parks Commission has asked the state to appeal the ruling to the 9th U.S. Circuit Court of Appeals, according to a statement by the state Fish, Wildlife and Parks agency.

Carolyn Sime, wolf program coordinator for Montana Fish, Wildlife and Parks, said Montana has done everything it’s been asked to do in developing its state management program but now will have to apply federal law and regulations once more.”This puts a spotlight on Wyoming and seeing what can be done with Wyoming,” Sime said.The increase in the wolf population brought livestock losses for ranchers and competition for hunters for big game, such as elk. Molloy’s decision means ranchers in northwestern Montana will no longer be able to haze, harass or kill wolves that prey on their livestock, Sime said.

Wolves in southwestern Montana will revert to their “experimental population” status and ranchers there will still be able to kill wolves that attack their animals, she said.But a big blow is the loss of a hunting season, Sime said.”That’s clearly a management tool that we want to have in the toolbox. We think it’s legitimate and appropriate,” she said.Both Idaho and Montana held wolf hunts last year. Montana’s kill ended with 73 wolves and Idaho’s with 185.

Idaho’s congressional delegation released a statement that said Molloy’s ruling ignored the exploding population of wolves and that the state can manage wolves in a sustainable and responsible way.”We look for a more reasonable decision from a higher court,” said the statement from Sens. Mike Crapo and Jim Risch and Reps. Mike Simpson and Walt Minnick.At the end of 2009, there were at least 843 wolves in Idaho, 524 in Montana and 320 in Wyoming, with more in parts of Oregon and Washington state.

Thursday’s ruling could affect a lawsuit in which Wyoming charges the Fish and Wildlife Service had no reason to refuse to turn over management of gray wolves to Wyoming as it did to the other states. The case is before U.S. District Judge Alan B. Johnson of Cheyenne.”If the rule is vacated, there’s a question that Judge Johnson has to consider of whether or not there is something for him to decide,” said Bruce Salzburg, Wyoming attorney general.(AP)

PHOENIX A federal appeals court has decided not to step into the controversy over Arizona’s tough immigration law until November, leaving state officials to consider other steps they might take in the meantime.Republican Gov. Jan Brewer, who signed the law and appealed a ruling blocking its most controversial sections, said Friday she would consider changes to “tweak” the law to respond to the parts U.S. District Judge Susan Bolton faulted.

“Basically we believe (the law) is constitutional but she obviously pointed out faults that can possibly be fixed, and that’s what we would do,” Brewer told The Associated Press. Brewer said she’s talking to legislative leaders about the possibility of a special session, but said no specific changes had been identified.In her temporary injunction Wednesday, Bolton delayed the most contentious provisions of the law, including a section that required officers to check a person’s immigration status while enforcing other laws. Bolton indicated the federal government’s case has a good chance at succeeding in its argument that federal immigration law trumps state law.Brewer has said she’ll challenge the decision all the way to the Supreme Court.The 9th U.S. Circuit Court of Appeals said in an order late Friday that it will hold a hearing on Brewer’s challenge in the first week of November. Briefs from the state are due Aug. 26.

Brewer had asked for an expedited appeals process, with a hearing scheduled for the week of Sept. 13. State lawyers had argued that the appeal involves an issue of “significant importance” the state’s right to implement a law to address “the irreparable harm Arizona is suffering as a result of unchecked unlawful immigration.”The federal government countered that there was no need to expedite the matter because “the only effect of the district court’s injunction in this case is to preserve a status quo that has existed for a long period of time.”

Calls Friday night to Brewer spokesman Paul Senseman and Phoenix attorney John Bouma, who is defending the immigration law on the governor’s behalf, were not immediately returned.Democrats scoffed at Brewer’s desire to change the law, with a key House minority leader calling it laughable.”Why would we help her?” asked Rep. Kyrsten Sinema of Phoenix. “This bill is so flawed and clearly a federal judge agrees.”

House Speaker Kirk Adams said there would be little support among fellow Republicans to weaken the law.Attorneys have begun reviewing the statute to identify possible changes, he said: “It’s embryonic.”Sen. Russell Pearce, the law’s chief sponsor, said he would only back changes to make it stronger.

Even though the law’s critics scored a huge victory with the judge’s decision, passions among hundreds of immigrant rights supporters still flared at demonstrations near the federal courthouse in downtown Phoenix after the parts of the law that weren’t blocked took effect Thursday. At least 70 people have been arrested.The law’s supporters reacted too, and a fund set up to help defend the measure added $75,000 Wednesday alone, giving the state more than $1.6 million to get Bolton’s ruling overturned.Meanwhile, hundreds of emails and phone calls including some threats have poured into the courthouse.

Federal officials in charge of court security wouldn’t say whether anyone made a death threat against Bolton and wouldn’t provide specifics of the threats they were examining. But a majority of the emails and phone calls to the judge’s chambers and the court clerk’s office are from people who want to complain about her ruling, officials said.”We understand that people will vent and have a First Amendment right to express their dissatisfaction. We expect this,” said David Gonzales, the U.S. marshal for Arizona. “But we want to look at the people who go over the line.”

Reporting from Phoenix Eighty demonstrators against Arizona’s tough-on-illegal-immigration policies trickled out of jails here Friday, as a local sheriff continued one of his controversial operations that critics contend targets Latinos.The protesters had been arrested Thursday, the day the state’s controversial immigration law took effect and Maricopa County Sheriff Joe Arpaio launched his 17th sweep against illegal immigrants.

On Friday, Arpaio announced that three illegal immigrants were arrested in the sweep. During such operations, his deputies stop people for sometimes minor violations and check their immigration status.A federal judge had barred most of the immigration law, SB 1070, from being implemented, but that didn’t stop hundreds of protesters from filling the streets and engaging in civil disobedience on Thursday. Twenty-three were arrested at Arpaio’s main downtown jail for blocking the entrance. Their demonstration forced the sheriff to delay his sweep for several hours.Activists on Friday boasted that they had slowed down the tough-talking Arpaio.”Families were not separated; the community was not terrorized,” said Carlos Garcia of civil rights group Puente, who was arrested Thursday.

Friday afternoon, several activists blocked the command center Arpaio set up for his sweep, leading to more arrests for civil disobedience. “They want to go to jail, so that’s where they’re going,” Arpaio said. “They want to keep coming, we’ll lock them up.”Also Friday, Gov. Jan Brewer said the Legislature might “tweak” SB 1070 when it convenes in January to address the federal judge’s concerns about the law.

For example, U.S. District Judge Susan Bolton had singled out a provision requiring that every person arrested in the state be held until their immigration status is determined. Brewer’s lawyer had told the judge that the sentence was “inartfully” written and should apply only to suspected illegal immigrants.The law was already significantly narrowed once before in response to pressure from opponents. After Brewer signed the legislation in April, she accepted last-minute revisions from the Legislature. The law had required police to determine the immigration status of people they interact with whom they suspect are in the country illegally. Now it requires them to check only people they stop and believe are illegal immigrants. (Ap – The Los Angeles Times )

PHOENIX Arizona police officials warned officers not to use race or ethnicity when enforcing the state’s new immigration law, saying that the country is watching their every move.In a new training video released Thursday, the officials said opponents of the law may secretly videotape officers making traffic stops, trying to ensnare them and prove that they’re racially profiling Hispanics.”Without a doubt, we’re going to be accused of racial profiling no matter what we do on this,” Tucson Police Chief Roberto Villasenor tells officers on the video from Arizona’s police licensing board. The video is designed to teach officers how to determine when they can ask a person for proof they’re in the country legally.Officers can consider that someone doesn’t speak English well, is wearing several layers of clothing in a hot climate or is hanging out in an area where illegal immigrants are known to look for work, according to the video.

Arizona police officials warned officers not to use race or ethnicity when enforcing the state's new immigration law

They can take into account that a person doesn’t have identification, tried to run away, is traveling in an overcrowded vehicle, or seems out of place and unfamiliar with the area.But the stakes for making a mistake are high: Officers can be fired if they start asking questions because of a person’s race, then lie about it later, the video warns.”It is also clear that the actions of Arizona officers will never come under this level of scrutiny again,” said Lyle Mann, executive director of the training agency. “Each and every one of you will now carry the reputation for the entire Arizona law enforcement community with you every day.

“Arizona’s law, sparked by anger over a surging population of illegal immigrants in the border state, generally requires officers enforcing another law to question a person’s immigration status if there’s a reasonable suspicion that the person is in the country illegally.Officers are told that the law applies only to a stop, detention or arrest – not when a person flags down an officer. Police are not required to ask crime victims or witnesses about their status, and anyone who shows a valid Arizona driver’s license is presumed to be in the country legally.The law restricts the use of race, color or national origin as the basis for triggering immigration questions.

But civil rights groups and some police officials argue that officers will still assume that illegal immigrants look Hispanic.Arizona’s 460,000 illegal immigrants are almost all Hispanic. Yet Arizona also has nearly 2 million Hispanics who are U.S. citizens or legal residents, about 30 percent of the state’s population.In the training video, an expert advises officers to ask themselves whether they’d reach the same conclusion about a Hispanic person’s immigration status if the subject were white or black.”If any officer goes into a situation with a previous mindset that one race or one ethnicity is not equal to another’s, then they have no business being a law enforcement officer in this state,” Arizona Police Association president Brian Livingston says in the video.

The video and supporting paperwork will be sent to all 170 Arizona police agencies.Police bosses will decide the best way to teach their forces. There is no requirement that all 15,000 Arizona police officers complete the training before the law takes effect July 29.Gov. Jan Brewer ordered the Arizona Peace Officer Standards and Training Board to develop the training when she signed the law April 23.Opponents have challenged the measure as unconstitutional and have asked that a federal court block it from taking effect. U.S. District Judge Susan Bolton plans to hear arguments on the request later this month.

President Barack Obama on Thursday called the law an understandable byproduct of public frustration with the government’s inability to tighten the system, but also said it is ill-conceived, divisive and would put undue pressure on local authorities.

The law was passed in part with the lobbying muscle of unions representing rank-and-file police officers who argued that they should be allowed to arrest illegal immigrants they come across.It was opposed by police bosses who worried it would be expensive to implement and would destroy the trust they’ve developed in Hispanic neighborhoods. (AP)

Mexican teenager convicted in the execution-style murder of a U.S. Border Patrol agent in July was sentenced to 40 years in prison Thursday after an emotional hearing in a courtroom packed with family members and dozens of Border Patrol agents. The defendant, Christian Daniel Castro-Alvarez, 17, appeared to hold back tears as prosecutors recounted the grisly details of how Castro-Alvarez and two other assailants ambushed Agent Robert W. Rosas Jr., 30, on a remote border trail east of San Diego. Castro-Alvarez, who was 16 at the time, was spared a life sentence in part because he turned himself in and accepted responsibility for the crime, pleading guilty in November, according to federal prosecutors who recommended the 40-year term.

The shooting prompted a wide-ranging search and border crackdown that is continuing. The whereabouts of Castro-Alvarez’s companions, men in their mid- to late 20s, are unknown. The FBI, the lead agency on the case, would not comment on the status of the investigation. Castro-Alvarez and the two men, after crossing the border on the night of July 23, held up Rosas and took night vision goggles and other items from his vehicle. When Rosas, a father of two, tried to take the gun from Castro-Alvarez, a struggle ensued.

Rosas was shot multiple times in the head. Castro-Alvarez was shot in the hand. The teenager, who said he fired only one round, claimed that the other two men executed Rosas. All three escaped by fleeing over the border. In his comments, U.S. District Judge M. James Lorenz, mentioned Castro-Alvarez’s harsh upbringing, saying he had been abandoned by his mother and father and was raised by his sister in a one-room shack. But the crime was a “cold-blooded killing,” said Lorenz, and anyone aiding and abetting it was equally guilty. The tough sentence, he said, was meant to deter future violence against agents. The shooting, he said, had changed the dynamics at the border. “It makes it difficult to help people when [agents] might be shot over night vision goggles,” Lorenz said.

LOS ANGELES An Illinois insurance executive who secretly shot nude videos of ESPN reporter Erin Andrews was sentenced Monday to 2 1/2 years in prison after giving a tearful apology that was harshly rebuked by his victim.Michael David Barrett pleaded guilty in December to interstate stalking after prosecutors accused him of following the repoErin Andrewsrter to at least three cities and shooting the videos through hotel peepholes.

Barrett, 48, of suburban Chicago, agreed to a 27-month prison sentence after pleading guilty but it was up to the judge to decide how long he would actually serve.Andrews urged the judge at the hearing for a harsher sentence and said she fears for her life every time she enters a hotel.”You violated me and you violated all women,” Andrews told Barrett. “You are a sexual predator, a sexual deviant and they should lock you up.”After the sentencing, she said, “Thirty months isn’t enough.”Barrett admitted renting hotel rooms next to Andrews three times and shooting two videos of her while she was naked. He was accused of posting the videos online and trying to sell them to Los Angeles-based celebrity gossip site TMZ last year.U.S. District Judge Manuel Real said he gave Barrett the maximum sentence under the law.

“The victim, Andrews, will be suffering with this problem for the rest of her life,” Real said. “There is no life sentence that can be imposed upon him, except his own guilt.”Barrett cried as he addressed Andrews in court, saying he would spend the rest of his life regaining the respect of his friends and family and atoning for his mistakes.”There are no words to tell Ms. Andrews how sorry I am for what I’ve done to her,” he said. “I hope someday she can forgive me.”Andrews, visibly nervous as she spoke, said she had no sympathy for Barrett’s claim he was publicly humiliated.”It’s my body on the Internet,” she said. “I’m being traumatized every single day for what he did. … This will never be over for me.”Barrett, who has until May 3 to surrender, was ordered to have supervised probation for three years after his release, during which he will be prohibited from contacting Andrews, her family or friends.

He will not be allowed to stay in a hotel without approval of a probation officer and if he accepts employment somewhere, Andrews will be notified. Barrett was also ordered to pay $5,000 in fines and $7,366 in restitution, but the judge said further restitution may be imposed to compensate ESPN.Barrett’s lawyer, David Willingham, said his client is undergoing psychological treatment and “has sought the path of redemption.””Mr. Barrett has lost everything he built throughout his life,” Willingham said. “He’s lost his career, his fiancee and his life savings. He knows that he brought this on himself.”Federal prosecutors in Los Angeles have agreed not to pursue further charges against Barrett. However, he could face criminal action in other states stemming from other videos he allegedly shot of unsuspecting nude women through peepholes.

Andrews’ attorney, Marshall Grossman, has said there could be as many as a dozen other women that Barrett taped.A sentencing memo filed last month in federal court says Barrett uploaded videos of 16 other women to an online account.Barrett also allegedly conducted 30 Internet background checks that can produce birthdays and home addresses, the document said. The filing did not name the other alleged victims or say what information he obtained or how he may have used it.Prosecutors claim that 32 videos provided by DailyMotion.com show Barrett “victimized approximately 16 other women in almost precisely the same way that he victimized” Andrews. They did not identify the women.

Andrews testified in December that Barrett’s actions had a devastating impact on her and her family because she is constantly reminded that his videos appeared online and is subjected to taunts from sports fans when she works as a sideline reporter.Andrews has agreed to appear on the new season of ABC-TV’s “Dancing with the Stars” – an offer she said ABC made before the stalking allegations. She said she doesn’t want to seclude herself from the public eye because other victims would get the wrong message.”I did nothing wrong. Just trying to live my life,” she said.”I had to deal with a lot of people who said I deserved it, that I had played to a certain audience.”Her attorney said she will not file a lawsuit against Barrett.(AP)

 Iraqi traffic policeman inspects a car destroyed by a Blackwater security detail in al-Nisoor Square in Baghdad

Iraqi traffic policeman inspects a car destroyed by a Blackwater security detail in al-Nisoor Square in Baghdad

BAGHDAD  Iraqis seeking justice for 17 people shot dead at a Baghdad intersection responded with bitterness and outrage Friday at a U.S. judge’s decision to throw out a case against a Blackwater security team accused in the killings.The Iraqi government vowed to pursue the case, which became a source of contention between the U.S. and the Iraqi government. Many Iraqis also held up the judge’s decision as proof of what they’d long believed: U.S. security contractors were above the law.”There is no justice,” said Bura Sadoun Ismael, who was wounded by two bullets and shrapnel during the shooting. “I expected the American court would side with the Blackwater security guards who committed a massacre in Nisoor Square.”What happened on Nisoor Square on Sept. 16, 2007, raised Iraqi concerns about their sovereignty because Iraqi officials were powerless to do anything to the Blackwater employees who had immunity from local prosecution. The shootings also highlighted the degree to which the U.S. relied on private contractors during the Iraq conflict.Blackwater had been hired by the State Department to protect U.S. diplomats in Iraq. The guards said they were ambushed at a busy intersection in western Baghdad, but U.S. prosecutors and many Iraqis said the Blackwater guards let loose an unprovoked attack on civilians using machine guns and grenades.

“Investigations conducted by specialized Iraqi authorities confirmed unequivocally that the guards of Blackwater committed the crime of murder and broke the rules by using arms without the existence of any threat obliging them to use force,” Iraqi government spokesman Ali al-Dabbagh said in a statement Friday.He did not elaborate on what steps the government planned to take to pursue the case.The shootings led the Iraqi government to strip the North Carolina-based company of its license to work in the country, and Blackwater replaced its management and changed its name to Xe Services.

Five guards from the company were charged in the case with manslaughter and weapons violations. The charges carried mandatory 30-year prison terms, but a federal judge Friday dismissed all the charges.U.S. District Judge Ricardo Urbina cited repeated government missteps in the investigation, saying that prosecutors built their case on sworn statements that the guards had given with the idea that they would be immune from prosecution.That explanation held little sway with Iraqis outraged over the case.Dr. Haitham Ahmed’s wife and son were both killed in their car during the shooting.”The rights of our victims and the rights of the innocent people should not be wasted,” he said.Iraqis have followed the case closely and said the judge’s decision demonstrated that the Americans were considered above the law.

“I was not astonished by the verdict because the trial was unreal. They are using double standards and talking about human rights, but they are the first to violate these rights. They are killing innocents deliberately,” said Ahmed Jassim, a civil engineer in the southern city of Najaf.Dozens of Iraqis have filed a separate lawsuit alleging that Blackwater employees engaged in indiscriminate killings and beatings. That civil case was not affected by Urbina’s decision and is still before a Virginia court.Mohammed al-Kinani, whose son was killed, said he had been invited once to the U.S. by the Justice Department as a witness but said he went two more times after that to follow the case.”I will not despair,” he said.Gen. Ray Odierno, the commanding general in Iraq, said he understood that people would be upset with the decision.

“Of course people are not going to like it, because they believe that these individuals conducted some violence and should be punished for it, but the bottom line is, using the rule of law, the evidence is not there,” he said. “I worry about it because clearly there were innocent people killed in this attack.”Of all the private security companies that mushroomed in Iraq after the U.S.-led invasion, Blackwater was the most well-known and vilified.Their employees were at the center of what is considered one of the key moments of the war. A vehicle with four Blackwater employees driving through the western city of Fallujah, a center of the Sunni insurgency, was hit by gunfire and rocket-propelled grenades in March 2004. Their charred, mutilated bodies were dragged through the streets and hung from a bridge over the Euphrates river.The bloody incident was one of the key reasons the U.S. military attacked Fallujah in April 2004.

Another Blackwater guard, Andrew Moonen, was accused by the family of a guard for an Iraqi vice president of shooting and killing the guard without provocation on Christmas Eve of 2006 after Moonen got drunk at a party in the Green Zone and then got lost. Moonen’s lawyer has described the incident as self-defense.An October 2007 report by a House of Representatives committee called Blackwater an out-of-control outfit indifferent to Iraqi civilian casualties. Blackwater chairman Erik Prince told the committee that the company acted appropriately at all times.

Were the incident to happen again today, the legal outcome might be much different. The U.S.-Iraqi security pact that took effect Jan. 1, 2009, lifted the immunity that foreign contractors had in Iraq. A British security contractor accused of shooting two colleagues is currently being held in Iraq and could be the first Westerner to face an Iraqi court since the immunity was lifted.(AP)

WASHINGTON  The alleged Christmas Day terrorist had been in one of the U.S. government’s many terror databases since November, which is when his father brought him to the attention of embassy officials in Nigeria.However, Umar Farouk Abdulmutallab came to the attention of intelligence officials months before that, according to a U.S. government official involved in the investigation. The official spoke on condition of anonymity because it is ongoing.

Still, none of the information the government had on Abdulmutallab rose to the level of putting him on the official terror watch list or no-fly list. On Christmas Eve, the 23-year-old Nigerian – who later claimed to law enforcement that he was operating on orders from al-Qaida – was able to carry a concealed explosive device onto a U.S.-bound airplane.

Officials warn it is still early in the investigation. But lawmakers are already calling for hearings, and the government may order a review. As President Barack Obama received regular updates on the investigation from his staff, his national security and policy aides have been asking whether the policies the U.S. has in place are working. These internal discussions marked the informal start to what will likely become a formal executive branch inquiry into an attack that failed because the bomb did not go off as planned and not because the intelligence community stopped it.

Passenger accounts and law enforcement officials describe the events around the Christmas Day attack this way:On December 24, Abdulmutallab traveled from Nigeria to Amsterdam and then on to Detroit with an explosive device attached to his body.

Part of the device contained PETN, or pentaerythritol, and was hidden in a condom or condom-like bag just below Abdulmutallab’s torso. PETN is the same material convicted shoe bomber Richard Reid used when he tried to destroy a trans-Atlantic flight in 2001 with explosives hidden in his shoes. Abdulmutallab also had a syringe filled with liquid.

As the plane approached Detroit, Abdulmutallab went to the bathroom for 20 minutes. When he returned to his seat, he complained of an upset stomach and covered himself with a blanket.Passengers heard a popping noise, similar to a firecracker. They smelled an odor, and some passengers saw Abdulmutallab’s pant leg and the wall of the airplane on fire. Passengers and the flight crew used blankets and fire extinguishers to quell the flames. They restrained Abdulmutallab, who later told a flight attendant he had an “explosive device” in his pocket. He was seen holding a partially melted syringe.

The airplane landed in Detroit shortly after the incident.On Saturday, federal officials charged the young man with trying to destroy the airplane. A conviction on the charge could bring Abdulmutallab up to 20 years in prison and a $250,000 fine.

U.S. District Judge Paul Borman read Abdulmutallab the charges in a conference room at the University of Michigan Medical Center in Ann Arbor, Mich., where the former London university student is undergoing burn treatment. Abdulmutallab smiled as he was wheeled into the room, his left thumb and right wrist bandaged and part of the skin on the thumb was burned off.Abdulmutallab claimed to have received training and instructions from al-Qaida operatives in Yemen, law enforcement officials said. He is also believed to have had Internet contact with militant Islamic radicals.

While intelligence officials said Saturday that they are taking seriously Abdulmutallab’s claims that the plot originated with al-Qaida’s network inside Yemen, several added that they had to yet to see independent confirmation. The officials spoke on condition of anonymity because the investigation is incomplete.Four weeks ago, Abdulmutallab’s father told the U.S. embassy in Abuja, Nigeria, that he was concerned about his son’s religious beliefs. This information was passed on to U.S. intelligence officials.

Abdulmutallab received a valid U.S. visa in June 2008 that is good through 2010.His is one of about 550,000 names in the Terrorist Identities Datamart Environment database, known as TIDE, which is maintained by the U.S. National Counterterrorism Center and was created in response to the Sept. 11, 2001, terrorist attacks. Intelligence officials said they lacked enough information to place him in the 400,000-person terror watch list or on the no-fly list of fewer than 4,000 people who should be blocked from air travel.

Nigerian terrorist attack on a Northwestern Airline flight

Posted: December 27, 2009 in most wanted terrorists and criminals
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terrorist attack on a Northwestern Airline flight

terrorist attack on a Northwestern Airline flight

DETROIT A 23-year-old Nigerian man who claimed ties to al-Qaida was charged Saturday with trying to destroy a Detroit-bound airliner, just a month after his father warned U.S. officials of concerns about his son’s religious beliefs.The suspect claimed to have received training and instructions from al-Qaida operatives in Yemen, a law enforcement official said on the condition of anonymity because the investigation is ongoing.Aides to President Barack Obama are pondering how terror watch lists are used after the botched attack, according to officials who described the discussions Saturday on the condition of anonymity so as not to pre-empt possible official announcements.Rep. Jane Harman, D-Calif., chairman of a House Homeland Security subcommittee, said there were “strong suggestions of a Yemen-al Qaida connection and an intent to blow up the plane over U.S. airspace.” Several officials said they have yet to see independent confirmation.Some airline passengers traveling Saturday felt the consequences of the frightening Christmas Day attack. They were told that new U.S. regulations prevented them from leaving their seats beginning an hour before landing.The Justice Department charged that Umar Farouk Abdulmutallab (OO-mahr fah-ROOK ahb-DOOL-moo-TAH-lahb) willfully attempted to destroy or wreck an aircraft; and that he placed a destructive device in the plane.U.S. District Judge Paul Borman read Abdulmutallab the charges in a conference room at the University of Michigan Medical Center in Ann Arbor, Mich. where he is being treated for burns.An affidavit said he had a device containing a high explosive attached to his body. The affidavit said that as Northwest Flight 253 descended toward Detroit Metropolitan Airport, Abdulmutallab set off the device – sparking a fire instead of an explosion.

According to the affidavit filed in U.S. District Court in Detroit, a preliminary analysis of the device showed it contained PETN, a high explosive also known as pentaerythritol.This was the same material convicted shoe bomber Richard Reid used when he tried to destroy a trans-Atlantic flight in 2001 with explosives hidden in his shoes.PETN is often used in military explosives and found inside blasting caps. But terrorists like it because it’s small and powerful.

FBI agents recovered what appeared to be the remnants of a liquid-filled syringe, believed to have been part of the explosive device, from the vicinity of Abdulmutallab’s seat.U.S. authorities told The Associated Press that in November, his father went to the U.S. embassy in Abuja, Nigeria, to discuss his concerns about his son’s religious beliefs.One government official said the father did not have any specific information that would put his son on the “no-fly list” or on the list for additional security checks at the airport.

Nor was the information sufficient to revoke his visa to visit the United States. His visa had been granted June 2008 and was valid through June 2010. Officials spoke on condition of anonymity because neither was authorized to speak to the media.The suspect smiled when he was wheeled into the hospital conference room. He had a bandage on his left thumb and right wrist, and part of the skin on the thumb was burned off.He was wearing a light green hospital robe and blue hospital socks. The judge sat at the far end of a 10-foot table, the suspect at the other end.

Judge Borman asked the defendant if he was pronouncing his name correctly.Abdulmutallab responded, in English. “Yes, that’s fine.” The judge asked Abdulmutallab if he understood the charges against him. He responded in English: “Yes, I do.”The judge said the suspect would be assigned a public defender and set a detention hearing for Jan. 8. The hearing lasted 20 minutes.Attorney General Eric Holder made clear that the United States will look beyond Abdulmutallab. He vowed to “use all measures available to our government to ensure that anyone responsible for this attempted attack is brought to justice.”

Abdulmutallab was in a terrorism database but not on a no-fly list. He lived in a posh London neighborhood.President Barack Obama, on vacation in Hawaii, was briefed about developments in the attack. National Security Council chief of staff Denis McDonough was holed up in a secure hotel room in Hawaii to receive briefings, and other traveling presidential aides were kept shut away to monitor new information.

Several members of Congress called for congressional investigations.Abdulmutallab appeared on the Terrorist Identities Datamart Environment database maintained by the U.S. National Counterterrorism Center, said a U.S. official who received a briefing. Containing some 550,000 names, the database includes people with known or suspected ties to a terrorist organization. However, it is not a list that would prohibit a person from boarding a U.S.-bound airplane. His name was added to the database in Novembers, according to an administration official who spoke on condition of anonymity to discuss the investigation that is ongoing.

In Nigeria, Alhaji Umaru Mutallab, the man’s father, told The Associated Press, “I believe he might have been to Yemen, but we are investigating to determine that.”Rep. Adam Smith, D-Wash., said there are still questions about the suspect’s connections with al-Qaida and Yemen.Still, Smith noted that incendiary materials used by Abdulmutallab suggest he may have had more formal instruction and aid than a self-starter moved to action by militant al-Qaida ideology. Smith is chairman of the House Armed Services subcommittee on terrorism and has been briefed on the investigation.

U.S. Intelligence officials say their investigation is pointing in that direction, but they are still running down his claims. The officials spoke on condition of anonymity to discuss the investigation.A Virginia-based group that monitors militant messages called attention Saturday to a Dec. 21 video recording from an al-Qaida operative in Yemen who warned of a looming bombing in the U.S.

IntelCenter said the al-Qaida member levied that threat last week during a funeral for militants killed during an airstrike in Yemen two days earlier.The father was chairman of First Bank of Nigeria from 1999 through this month. The banker said his son is a former university student in London but had left Britain to travel abroad.

A search was conducted Saturday at an apartment building in the West London neighborhood where the suspect is said to have lived.
University College London issued a statement saying a student named Umar Farouk Abdulmutallab studied mechanical engineering there between September 2005 and June 2008. But the college said it wasn’t certain the student was the same person who was on the plane.(AP)