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Atty Gen. Eric Holder Favors Modifying Miranda Warning to Give Interrogators More Flexibility

Atty. Gen. Holder on Sunday morning

Atty. Gen. Holder on Sunday morning

By Allan Lengel
ticklethewire.com

Atty. Gen. Eric Holder Jr. holder hit the Sunday morning talk show circuit, saying he favors a change in the way Miranda warnings are issued to terror suspects so interrogators have more flexibility.

“I think we have to think about perhaps modifying the rules that interrogators have and some how coming up with something that is flexible and is more consistent with the threat that we now see,” Holder said on Meet The Press.

The statement was in response to the latest case involving terrorist suspect Faisal Shahzad who tried blowing up a car bomb in New York.

Specifically, Holder talked about the public safety exception that was used with Shahzad before he was eventually read his Miranda warning. The exception allows investigators to question a suspect initially to find out if there’s an immediate danger to the public.

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Column: ATF Needs a Little Love in Times Square

times square artBy Jeff Stein
SpyTalk

WASHINGTON — Poor ATF: It don’t get no respect.

NYPD’s Ray Kelly, Attorney General Holder and DHS honcho Janet Napolitano all heaped praise on themselves and each other for their fabulous work in the Times Square bomb case.

But the ATF? Nada. Out of sight, out of mind, evidently, overlooked like the acned geek at the high school prom.

This, even though ATF agents contributed some very nice work in helping to apprehend the accused would-be truck-bomber, Faisal Shahzad, particularly with their quick trace of a gun found in the suspect’s car. The ATF also had agents working with the NYPD’s bomb unit and the Joint Terrorism Task Force.

“We didn’t want to push the issue,” Joseph Green, New York spokesman for the ATF, told SpyTalk Friday night.

Okay, I will.

To read on click here.

Weekend Series on Crime: History of the NY and Chicago Mob

FBI Agent Keith Byers Talks About Fighting Border Corruption

httpv://www.youtube.com/watch?v=JbatfylpBmA

Highly Unusual: Pretrial Services Files Affidavit Correcting Fed Prosecutor

detroit1By Allan Lengel
ticklethewire.com

In a highly unusual move, the chief of Pretrial Services in Detroit filed an affidavit with the 6th Court of Appeals correcting claims by the federal prosecutor in the Hutaree Christian militia case, the Detroit Free Press reported.

At the center of the dispute is  Assistant U.S. Attorney Ronald Waterstreet, who is trying to block a judge from freeing the militia members pending trial.  Waterstreet in court papers has claimed that the electronic GPS monitoring was  “wholly inadequate to effectively supervise the defendants” who are accused of plotting to kill cops. He wants them to remain behind bars.

But chief  of Pretrial Services Alan Murray  wrote : “This affidavit is being submitted to correct the record, and any misunderstanding (Assistant U.S. Attorney) Mr. (Ronald) Waterstreet had about our conversation,” the  Detroit News reported.

“Contrary to Mr. Waterstreet’s belief, the court-ordered ‘home detention’ does not allow unmonitored release the entire day,” Murray said in the affidavit. “The Global Positioning Satellites System allows a defendant to be monitored, at all times.”

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Obama Expected to Name Solicitor Gen. Elena Kagan to Supreme Court, Politico Reports

Elena Kagan

Elena Kagan

By Allan Lengel
ticklethewire.com

WASHINGTON — President Obama is expected to name Justice Department Solicitor General Elena Kagan to the Supreme Court, reporter Mike Allen of Politico is reporting.

“The pick isn’t official, but top White House aides will be shocked if it’s otherwise,” Allen wrote.”Kagan’s relative youth (50) is a huge asset for the lifetime post. And President Obama considers her to be a persuasive, fearless advocate who would serve as an intellectual counterweight to Chief Justice Roberts and Justice Scalia, and could lure swing Justice Kennedy into some coalitions.”

UPDATE: A White House official tried to knock down the report, calling it “pure speculation” and saying no final decision has been made, according to The BLT: The Blog of LegalTimes.

Kagan, the former Harvard Law School dean, has been Solicitor General since March 2009.  She served in the Clinton White House, first as Associate Counsel to the President and then as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council.

Read NY Times Story on What She Might Be Up Against During Confirmation

Ex-Tulsa ATF Agent Pleads Guilty to Drug Dealing: Also Admits Making Up Drug Deal That Sent 2 to Prison

tulsaBy Allan Lengel
ticklethewire.com

An ex-ATF agent from Tulsa, Ok., pleaded guilty Thursday to drug trafficking. He also admitted conspiring to fabricate a drug buy in 2007 that wrongfully sent a father and daughter to federal prison.

Ex-ATF agent Brandon J. McFadden, 34, who left the agency last year, pleaded guilty to distributing more than 50 grams of methamphetamine, authorities said. He had joined ATF in 2002 after working as a cop in Lubbock, Tex.

He also admitted that he and  Tulsa cop Jeff  Henderson  made up a non-existent drug buy in 2007 that sent Larry Barnes and his daughter to prison. The two were released from prison last summer as a result of an ongoing federal  public corruption investigation, the U.S. Attorney’s Office said.

McFadden faces a prison sentence of not less than five years and not more than 40 and a fine of up to $2 million. Sentencing is set for July 28.

“Officer Henderson and I stole drugs and money, delivered drugs, falsified reports, gave false testimony and used informant Ryan Logsdon to sell drugs,” McFadden told U.S. Magistrate Judge Frank McCarthy in U.S. District Court in Tulsa, according to the Tulsa World newspaper.

Henderson has been suspended from the department, but has not been charged, the paper said.  He has denied wrongdoing.

Read Plea Bargain

Saudi Man Gets 4 Years and 3 Months for Selling Counterfeit Computer Parts to U.S. Marines

logo_ciscoBy Allan Lengel
ticklethewire.com

A Saudi citizen residing in Texas was hit with a prison sentence of 4 years and 3 months in Houston on Thursday for selling counterfeit computer parts to the military in Iraq that “could have put our men and woman in uniform at risk”, said U.S. Attorney Jose Angel Moreno.

Authorities said parts sold by the Saudi citizen Ehab Ali Ashoor, 49, were intended to be used by the U.S. Marine Corps for a computer network that transmitted troop movements, relayed intelligence and maintained the security at Al Taaddum, a Marine base just west of Fallujah in Iraq.

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