Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, October 21, 2004

Areas ACLU may want to expand discovery in re CA lawsuit

Ref, and Ref

Ian Spiers provides a link to a CA ACLU lawsuit against the FBI. Some of the issues the public might want to ask questions about relate to the following issues:


This is the manual on administrative operating procedures which the FBI is supposed to follow.

2. Abuse of discretion

This is the policy of FBI agents refusing to take information, providing excuses for not acting, despite the clearly established right to have this information provided to law enforcmeent.

3. Declination decisions

Declinations are up to prosecutor, not law enforcement on whether to bring a case.

4. Sibel Edmonds

She was the lady who worked for the FBI who spoke about problems, but was promised promotions to be quiet then retaliated against.

5. Homeland Security Department, DHS

Following 9-11 DHS was created, but they left out the FBI, the primary law enforcement entity that knew about the Phoenix memo.


Peace officer standards and training are state level law enforcmeent oversight entities run by the states.

7. FBI I-Drive

FBI has an I-Drive where they store information. Not all this information has been provided to DoJ, US Attorneys, or defense counsel as required in re Brady Statute.

8. Immunity

Prosecutors and judges have absolute immunity, while law enforcement have limitied immunity. This immunity only applies to official functions and taks related to official duties.


Why does DoJ encourage the public to come forward with information, but the rebuff that information, then turn the "proximity to teh public" as an excuse to conduct interrogations?

In situations where the public has been harmed, threatened, harassed, why does law enforcement refuse to take a formal complaint, but the store the information gleaned from the interview in non-public information-intelligence files?

Why is non-criminal information related to private activities stored in non-public databases?

Why does law enforcement make up excuses not to take complaints; but then is quick to trump up charges before the court?

IN cases where the prosecutor is aware of trumped up charges and the case is dismissed, why have the courts not taken disciplinary action against leadershi within law enforcement to reduce the number of complaints?

Why do law enforcement refuse to show their ID badges when requested?

In situation where a victim is providing information for a complaint, why does law enforcement take things out of the public's physical control without permission?

Why does the DoJ keep records on who makes complaints about FBI agents in their OPR files?

Why are special agents who do not know the MAOP, statutes, or basis for makinga complaint promoted to senior positions within FBI?

Why are Field Training Officers telling trainees in the field to "say what they have to say" to avoid taking a complaint; yet at teh same time are encouraged to take detailed notes on non-criminal information that is stored in the non-official databases?

Why does law enforcement report that it has no official incident report, but there are elements stored within the non-public database?

Why is law enforcment quick to rebuff freely given information, but very aggressive about getting information that would otherwise be freely given?

Why is law enforcement not sanctioned for testilying?

In cases where officers have failed to adequately document incidents, why is it more likely that they'll backdate teh information, and no certified fraud examiner [CFE] will find the information has been back-dated during an audit?

Why, despite sanctions for tampering with audio-video equipment, do officers continue to destroy this evidence?

Why do officers deny receiving funding from agencies outside their local area, but federal-sourced data confirms the funding flows from DoJ to local law enforcement; whats the big secret?

Why does the FBI use sign-in sheets at librariers to cross check license plates and information provided by librarians?

Why do DoJ staffers not know the appropriate procedures to file a 42 USC 1983 claim?

Why are personnel giving incorrect informatoin to the public on "who to talk to"?

Why do FBI staff personnel provide misleading information to the public on whether an issue is a "local matter" when that matter falls under the perview of Federal Statutes?

Why despite clearly promulgated standards in the MAOP on "how agenets are supposed to interact with the public" are officers quick to be abusive, yell, shout, imply malintent, or accuse the public of being up to no good for providing information related to allegations of ongoing criminal activity?

In situations where local officials are working with the FBI in a joint intelligence operation, why does the combined-effort results in less likely visible results in re: Change in government operations, better compliance with standards, or visible improvement in performance that originally prompted the origianl calls?

Why are the national call-in lines staffed by personnel who actively rebuff information from anonymous callers?

Why do call in centers have personnel who bemoan the "drough of integrity," but when someone provides evidence of unlawful actrivity witin law enforcement [or specific, articulable facts related to non-compliance with procedures], that information is rebuffed?

Why is the Senate Judiciary committee staffed by personnel who looked into the private files of the Democratic Party?

Why are people like Sibel Edmonds harassed?

Why are lead civilian managers who promise to investigate issues not sanctioned when the statutes clearly promulgate that reports are to be filed with appointing officials, yet there is no evidence that an invesigation was done despite the promise; and law enforcement refuses to take information related to allegations of local corruption?

What is the plan to ensure the FBI I-files are adeuately disclosed to defense counsel?

What plan does DoJ have to ensure the public is aware of the standards of conduct that FBI agents should conduct themselves; and who to talk to to get credible investigations done to ensure those agents are disciplined?

Why, if the FBI was most close to the information about 9-11, was it not included in the DHS-reorganization?