DOD VIDEO: ONE COLONEL RELIVES THE TERROR OF 9/11

JUDGE ASKED TO DROP 9/11 FBI PROBE INQUIRY

FROM:  U.S. DEFENSE DEPARTMENT 

Special Counsel Urges 9/11 Judge to Drop FBI Probe Inquiry

By Terri Moon Cronk

American Forces Press Service

FORT MEADE, Md., June 16, 2014 – In military commission proceedings for five suspects in the Sept. 11, 2001, terrorist attacks on the United States, the lead attorney of the special review team said today the commission should end its inquiry to determine whether FBI investigations into defense teams created a conflict of interest.

The proceedings are taking place at Guantanamo Bay, Cuba, and are being made available to reporters at the video teleconference center here.
This week’s hearing centers on the commission gathering facts on contact that FBI agents reportedly made with several members of the defense teams so presiding judge Army Col. James Pohl can determine if the interviews pose a conflict of interest in the case.

U.S. Attorney Fernando Campoamor-Sanchez, lead attorney for the special review team, told Pohl the commission has enough facts now to make the ruling. He added that the defense counsels also should agree conflicts do not exist.
“They’re inviting error,” he said of lead counsels of each of the five defense teams, who called on Pohl for an investigation into the FBI interviews. “I urge the commission that this inquiry should end, … because there is no conflict of interest.”

In the commission’s case against Khalid Shaikh Mohammad, the admitted mastermind of the 9/11 attacks, and four other defendants, all are charged for their alleged roles in the attacks with eight offenses: conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft, and terrorism, according to the Military Commissions website.

JOINT STATEMENT FOLLOWING EU-US JUSTICE AND HOME AFFAIRS MINISTERIAL MEETING

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, November 18, 2013
Joint Statement Following the EU-US Justice and Home Affairs Ministerial Meeting

Attorney General Eric Holder and Acting Department of Homeland Security (DHS) Secretary Rand Beers today hosted an EU/U.S. Justice and Home Affairs Ministerial with their counterparts in the European Union: Lithuanian Minister of Justice Juozas Bernatonis and Lithuanian Vice Minister of Interior Elvinas Jankevicius representing the Lithuanian Presidency of the Council of the EU; Greek Minister of Justice, Transparency and Human Rights Charalampos Athanasiou representing the incoming Greek Presidency of the EU; and European Commission Vice President Viviane Reding and Commissioner Cecilia Malmström representing the EU Commission.

The U.S. and EU together released the following statement on the meeting:

“Our meeting was constructive and productive.  We discussed a broad array of issues critical to the European Union and the United States, including: addressing the problem of sexual abuse of children online; coordinating work on counter-terrorism and security issues; countering violent extremism; expanding cooperation in criminal matters; joint efforts in the areas of cybercrime and cybersecurity; and mobility, migration and border issues.  In addition, we discussed the rights of victims of crime, the rights of persons with disabilities and the prosecution of hate crimes.

Of special note, we discussed the threat posed by foreign fighters going to third countries, in particular Syria, and the possible response to address it.  We intend to promote close information sharing between our respective agencies, as well as coordinated initiatives in third countries.  We also discussed efforts of the U.S. and the EU in countering violent extremism, and agreed to intensify our cooperation.

Our meeting also addressed data protection, and issues related to alleged activities of U.S. intelligence agencies.  We together recognize that this has led to regrettable tensions in the transatlantic relationship, which we seek to lessen.  In order to protect all our citizens, it is of the utmost importance to address these issues by restoring trust and reinforcing our cooperation on justice and home affairs issues.

The EU and the U.S. are allies.  Since 9/11 and subsequent terrorist attacks in Europe, the EU and U.S. have stepped up cooperation, including in the areas of police and criminal justice.  Sharing relevant information, including personal data, while ensuring a high level of protection, is an essential element of this cooperation, and it must continue.

We are therefore, as a matter of urgency, committed to advancing rapidly in the negotiations for a meaningful and comprehensive data protection umbrella agreement in the field of law enforcement.  The agreement would act as a basis to facilitate transfers of data in the context of police and judicial cooperation in criminal matters, by ensuring a high level of personal data protection for U.S. and EU citizens. We are committed to working to resolve the remaining issues raised by both sides, including judicial redress (a critical issue for the EU).  Our aim is to complete the negotiations on the agreement ahead of summer 2014.

We also underline the value of the EU-U.S. Mutual Legal Assistance Agreement.  We reiterate our commitment to ensure that it is used broadly and effectively for evidence purposes in criminal proceedings.  There were also discussions on the need to clarify that personal data held by private entities in the territory of the other party will not be accessed by law enforcement agencies outside of legally authorized channels.  We also agree to review the functioning of the Mutual Legal Assistance Agreement, as contemplated in the Agreement, and to consult each other whenever needed.

We take stock of the work done by the joint EU-U.S. ad hoc Working Group.  We underline the importance of the ongoing reviews in the U.S. of U.S. Intelligence collection activities, including the review of activities by the Privacy and Civil Liberties Oversight Board (PCLOB) and the President’s Review Group on Intelligence and Communications Technology (Review Group).  The access that has been given to the EU side of the ad hoc Working Group to officials in the U.S. intelligence community, the PCLOB, the Review Group, and U.S. congressional intelligence committees will help restore trust.  This included constructive discussions about oversight practices in the U.S.  The EU welcomes that the U.S. is considering adopting additional safeguards in the intelligence context that also would benefit EU citizens.

As these ongoing processes continue, they contribute to restoring trust, and to ensuring that we continue our vital law enforcement cooperation in order to protect EU and U.S. citizens.”

ISAF COMMANDER IN AFGHANISTAN SAYS THERE IS GROWING UNCERTAINTY IN REGION

FROM: U.S. DEPARTMENT OF DEFENSE
ISAF Commander Notes 'Growing Uncertainty' in Afghanistan
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service

WASHINGTON, April 16, 2013 - Dynamic and compelling commitment from the United States is necessary to confront growing uncertainty in Afghanistan and the region when the International Security Assistance Force mission ends next year, the top commander of NATO and U.S. forces in Afghanistan said today.

"We [must] confront growing uncertainty in Afghanistan and in the region," Marine Corps Gen. Joseph F. Dunford Jr. told the Senate Armed Services Committee. "Many Afghans have told me they no longer fear the Taliban as much as they fear what will happen after 2014."

One Afghan described it as the "Y2K effect," Dunford said, alluding to a period of uncertainty late in the 20th century driven by questions of how computer-controlled systems would behave with a complete rollover of the calendar year's digits on Jan. 1, 2000.

"There is a growing sense that December 2014 is a cliff for the Afghan people," he added. "[This] dynamic must be addressed with an incredible, compelling narrative of U.S. commitment."

The general said that in the absence of confidence and hope for a brighter future, Afghan leaders, the Afghan people and regional actors will continue to hedge and plan for the worst case.

The behavior associated with that mindset, Dunford said, has the very real potential to undermine the campaign.

Dunford noted ISAF remains focused on denying safe haven in Afghanistan to the al-Qaida terrorists who attacked the U.S. on 9/11, and denying the Taliban, who harbored them, the ability to overthrow the Afghan government.

"We recognize that our national interest in the region is served by a secure and stable Afghanistan at peace with its neighbors," he said. "I appear before you this morning confident in the cardinal direction of the campaign. My confidence is based on the very real progress we have made since the surge of forces began in late 2009, and that surge allowed us to move the campaign forward."

Constant pressure on the remnants of al-Qaida in Afghanistan, he said, has disrupted the terror organization's ability to plan and conduct operations against the West.

Dunford said coalition and Afghan-partnered operations have pushed the Taliban away from Afghanistan's populated areas and have prevented them from meeting their campaign objectives in 2012.

"While they remain resilient, they are less of a threat against the Afghan government than they were in 2011," the general said. "Most significantly, our efforts, since 2009, have provided the Afghan forces the time and space necessary to grow and assume the lead."

Afghan security forces have recruited and fielded most of their authorized strength of 352,000, Dunford said. "They are leading approximately 80 percent of all combat operations being conducted, and they have the lead security responsibility for territory where nearly 90 percent of the population lives," he added.

Later this spring, Dunford said, Afghan forces will be completely in the lead for combat operations across the nation, in keeping with agreements at the last two NATO summits. His testimony today comes during an inflection point in the Afghan campaign, the general added, with many reasons to be optimistic and several significant challenges to overcome.

"Up to this point, it's fair to say we were focused on growing the size of the Afghan security forces," he said. "We are now focused on improving the quality of the [security forces]."

Dunford said in the months ahead, ISAF will continue to focus on a wide range of issues to include leadership development, ministerial capacity, aviation, and the systems, processes and institutions needed to sustain a modern, professional force.

"We'll also need to address very real political and psychological factors that will affect the outcome of the campaign," he said.

Dunford acknowledged "real tension" between increasing aspirations of Afghan sovereignty and the reality of operations conducted in accordance with the U.N. Security Council mandate, the Law of Armed Conflict and the Military Technical Agreement. Properly managing this tension has become a campaign imperative, he said, along with the psychological aspect.

"Psychology will influence the performance of the Afghan forces this summer and affect the critical elections of 2014," Dunford said.

Dunford told the senators the campaign is in the "decisive phase of transition."

"The progress we have made to date provides real opportunity, but not inevitability," he said. "There will continue to be challenges that will test our will and endurance.

"But in the end," he continued, "if we define winning as completing political and security transition while rendering al-Qaida operationally ineffective [and] as setting the conditions for the Afghans to exploit a decade of opportunity that will begin in 2015, I firmly believe we can win."

NY LAW SCHOOL CLINICS HELP 9/11 VICTIMS FILE CLAIMS

FROM:  U.S. DEPARTMENT OF JUSTICE
New York-Area Law School Clinics Assist Individuals Filing Claims under the 9/11 Victim Compensation Fund
April 18th, 2012 Posted by Tracy Russo
 The following post appears courtesy of the Access to Justice Initiative .
Approximately ten years after the terrorist attacks of September 11th, Congress passed the James Zadroga 9/11 Health & Compensation Act.  The Act reactivated the September 11th Victim Compensation Fund(VCF), which operated from 2001-2003, and expanded the pool of claimants to include first responders, members of cleanup crews, and other individuals who suffered latent physical injuries due to their exposure to Ground Zero.  Sheila Birnbaum, a lifelong New Yorker with decades of experience resolving complicated litigation, was appointed Special Master of the Fund.

To ensure that the claim-filing process was accessible, transparent, and easy to navigate, the VCF established a streamlined online filing system and encouraged claimants to register and submit their claims electronically.  The site was made available in English, Spanish, Polish, and Mandarin Chinese.

But the administrators of the VCF and the Department’s Access to Justice Initiative (ATJ) knew some potential claimants might not have easy access to computers or might be uncomfortable with technology.  Those claimants, as well as people who were not proficient in English, could benefit from direct assistance, so the VCF and ATJ reached out to the New York public interest legal community.  Building on the success of the work of Lynn Kelly of the City Bar Justice Center establishing clinics for VCF claimants staffed by volunteer attorneys, David Udell of the National Center for Access to Justice at Cardozo Law School (NCAJ), suggested that law students might also be able provide similar assistance.

Working with the area law schools’ public interest coordinators, the VCF administrators, ATJ, the City Bar Justice Center, and the NCAJ, Columbia Law School and Cardozo Law School agreed to host two pilot student clinics.  VCF conducted a training at Columbia Law School for all interested student participants with the participation of DLA Piper volunteer attorneys who also attended the clinics to help supervise.

Columbia University Law School successfully hosted the first pilot clinic on March 13 and 15, 2012 in which 12 to 15 students assisted roughly 15 claimants each day.  Cardozo Law School hosted the second clinic from April 9 to 11.  Each day approximately 25 law students from Cardozo, Hofstra, Touro, and the University of Pennsylvania assisted 15 to 20 claimants in all stages of the filing process.  At both schools students worked in pairs, often with interpreters or interpreting themselves, and spent one to two hours interviewing individuals, helping them fill out the electronic forms, and uploading documents into the online system.

The result of this true community effort has been a success for everyone involved.  For some students the clinics were their first pro bono experience.  They gained valuable skills in client communication, and many found it immensely rewarding to offer tangible help to people suffering from grave illness, injury, and loss.  Frances Gottfried, Director of the New York Office of the VCF, said she was “impressed with the students’ dedication, flexibility, and enthusiasm,” and claimants at both clinics expressed their gratitude for the students’ assistance.

The City Bar Justice Center is continuing to assist those whose health or loved ones were harmed as a result of 9/11, and will host a pro bono clinic staffed by attorneys on May 7, 2012.