TIME technology

Holder Says Apple’s iPhone Encryption Will Thwart Child Abuse Investigations

"It is fully possible to permit law enforcement to do its job while still adequately protecting personal privacy"

Attorney General Eric Holder ripped technology companies Tuesday that he said are “thwarting” the federal government’s ability to stop child abuse, just days after Apple and Google announced new security measures that would prevent the companies from giving authorities data on users.

“We would hope that technology companies would be willing to work with us to ensure that law enforcement retains the ability, with court-authorization, to lawfully obtain information in the course of an investigation, such as catching kidnappers and sexual predators,” Holder said at a Washington conference of the Global Alliance Conference Against Child Abuse Online. “It is fully possible to permit law enforcement to do its job while still adequately protecting personal privacy. When a child is in danger, law enforcement needs to be able to take every legally available step to quickly find and protect the child and to stop those that abuse children. It is worrisome to see companies thwarting our ability to do so.”

Apple has recently drawn the ire of some law enforcement figures, including FBI Director James Comey, for making it harder for the federal government to access users’ personal information—including emails, photos and contacts—on its new iOS 8 mobile operating system. Apple says it’s “not technically feasible” for the company to respond to government warrants, as it now can’t bypass users’ passcode to access data (though experts say the NSA can still get around this). Earlier this month, Google announced that its next generation Android operating system will have encryption on by default for the first time.

Read Holder’s remarks here.

TIME republicans

Louisiana Governor Cheers Holder’s Resignation

“My only request is that the next Attorney General actually read the Constitution before he takes the job"

Louisiana Gov. Bobby Jindal rejoiced Friday in the impending resignation of Attorney General Eric Holder, asking a conservative audience, “Isn’t it great that he’s about to be out of a job?”

Jindal was closing out Friday’s session of the Values Voter Summit in Washington. The potential 2016 presidential candidate has been one of many GOP critics of Holder, who sued Louisiana last year over a school voucher program that the Justice Department alleged disrupted the “racial balance” in public schools, violating desegregation laws.

“My only request is that the next Attorney General actually read the Constitution before he takes the job,” Jindal said Friday.

Jindal tossed red meat at the audience throughout his speech, saying President Barack Obama “does not believe in American exceptionalism” when discussing Obama’s approach to combatting the militant group Islamic State of Iraq and Greater Syria (ISIS).

“Our enemies don’t fear us,” Jindal said. “Our friends don’t trust us anymore.”

TIME justice

President Obama Announces Eric Holder Will Step Down

President Obama Announces Resignation Of Eric Holder
President Barack Obama shakes hands with Attorney General Eric H. Holder Jr. who announced his resignation today, Sept. 25, 2014 in Washington, DC. Win McNamee—Getty Images

Pays tribute to "one of the longest-serving attorney generals in American history"

President Barack Obama paid tribute to Attorney General Eric Holder Thursday, as he announced the resignation of the country’s top law enforcement official.

Standing alongside Holder at a White House press conference, the president confirmed the “bittersweet” news that America’s first black attorney general’s would step down from his position as soon as a successor was confirmed by the Senate.

“Bobby Kennedy once said, ‘on this generation of Americans falls the full burden of proving to the world that we really mean it when we say all men are created free and equal before the law,'” said Obama. “As one of the longest-serving attorney generals in American history, Eric Holder has borne that burden.”

Obama credited Holder—who has a portrait of Kennedy on his office wall—as a civil rights defender who spent his career atop the Justice Department reforming the criminal justice code, defending voting rights and supporting the legal rights of same-sex marriage advocates.

The president also pushed back against criticism that the Justice Department had not done enough in the aftermath of the 2008 recession. “He’s helped safeguard our markets from manipulation and consumers from financial fraud. Since 2009, the Justice Department has brought more than 60 cases against financial institutions and won some of the largest settlements in history for practices related to the financial crisis, recovering $85 billion, much of it returned to ordinary Americans who were badly hurt.”

But Obama said that the AG’s “proudest achievement” might be his “reinvigorating and restoring the core mission” of the DoJ’s Civil Rights Division. “He has been relentless against attacks on the Voting Rights Act because no citizen, including our servicemembers, should have to jump through hoops to exercise their most fundamental right,” said Obama. “He’s challenged discriminatory state immigration laws that not only risked harassment of citizens and legal immigrants, but actually made it harder for law enforcement to do its job.”

Holder said he came to the end of six years leading the Justice Department “with very mixed emotions,” occasionally fighting back tears as he spoke. “I’m proud of what the men and women of the Justice Department have accomplished,” he added, but said he was “very sad” that he would serve alongside them no longer.

Addressing Obama, he said: “I hope that I have done honor to the faith that you have placed in me, Mr. President, and the legacy of all those who have served before me.”

TIME Civil Rights

Report: Teenage Inmates at Rikers Island Face Institutionalized Brutality

Barbed wire fences surround a building on Rikers Island Correctional Facility in New York on Dec. 24, 2013.
Barbed wire fences surround a building on Rikers Island Correctional Facility in New York on Dec. 24, 2013. Lucas Jackson—Reuters

Correctional officers at New York City's Department of Correction use excessive brute force on teenage inmates, many of whom have mental illnesses, according to report

A report released by the federal government on Monday accused the New York City Department of Correction of failing to protect adolescents, citing a two-and-a-half-year Justice Department investigation that revealed correctional officers at three Rikers Island juvenile jails inflicted brutal force on male inmates between 16-18 years old.

The 79-page-report by the U.S. attorney in Manhattan, Preet Bharara, found that between 2011-2013 officers used excessive violence to punish inmates. In October 2012, 44% of the male teenage population had been subjected to brute force at least once. The report also found that correctional officers lacked accountability for their extreme use of force. When investigations were conducted, they were customarily untimely and incomplete. A “powerful code of silence” between staff allowed egregious offenses to go by unpunished, the Justice Department found.

One inmate said that he was heavily beaten by four officers in the hallway for cursing in the middle of a class, according to the report. A teacher told investigators that he could hear the inmate “crying and screaming for his mother” during the altercation, but failed to report the incident to avoid conflict with fellow staff members.

The findings also revealed that the most inexperienced officers were assigned to deal with inmates who had behavioral disorders and mental illnesses. Last year, over half of the 489 teenage inmates reportedly had mental illnesses. Many were sent to solitary confinement as a punitive measure, with inmates being kept by themselves from 23 hours to several months, the New York Times reports.

The report presented to Mayor Bill de Blasio and two other officials concluded, “a culture of excessive force persists, where correction officers physically abuse adolescent inmates with the expectation that they will face little or no consequences for their unlawful conduct.”

Federal attorneys offered a list of corrections to be made at Rikers, including compulsory reporting of use of force and more thorough training for all staff.

Joseph Ponte, New York City’s new correction commissioner, said in a statement that he would work to improve safety for the teenage inmates, adding that he was committed to redrafting the use of force policy to “bring it into the 21st century,” Huffington Post reported.

TIME

Eric Holder: Obama’s Use of Executive Power Has Been Limited

US-JUSTICE-RIGHTS-HOLDER
U.S. Attorney General Eric Holder speaks during an event to celebrate the 50th anniversary of the Civil Rights Act at Howard University in Washington on July 15, 2014 Mandel Ngan—AFP/Getty Images

Ahead of an expected lawsuit from the House of Representatives, Attorney General Eric Holder defended President Obama’s use of executive power and said it was a fraction of what other Presidents have done. Speaking to TIME on Tuesday, Holder said Obama had used executive orders far less than Teddy Roosevelt, and said that the Justice department had approved all his orders before hand for legality.

“I was looking the other day just at a list of presidents and Teddy Roosevelt issued about 1,000 executive orders,” he said. “So in terms of magnitude this president has not used this authority nearly as much as his critics would say.”

Holder also addressed his ongoing review of administration immigration policies, including consideration of expanding protection from deportation to include not just unaccompanied minors but adult undocumented immigrants as well. Holder also said he believes that westerners traveling to Syria and Iraq, where they can come into contact with skilled bomb-makers from al Qaeda offshoots, represent a grave threat to U.S. national security.

The interview has been condensed and edited for space.

Has there been actual direct contact between western Jihadis and terrorist organizations in Syria and Iraq?

The short answer to that question is yes. We are seeing I would say an alarming rise in the number of American and European Union nationals who have been going to Syria to help extremist groups. I think it’s just a matter of time before we put Iraq in that same category. We have opened dozens of investigations into Americans who have been traveling there. At this point we have eight open cases in various stages of people who have traveled to Syria.

I would characterize it as a grave threat to our security. Every morning I start my day going over the threat assessment for the previous 24 hours over at the FBI, and increasingly the topic of individuals traveling from the United States to Syria and Iraq—Iraq is starting to crank up—that has become a real issue. We estimate there are about 7,000 foreign fighters in Syria, from the EU, North Africa, and some from the United States. They go there, they can become radicalized, and they can return home with the intent to commit violence. And they have the know-how to do it on potentially a mass scale.

Is that your greatest worry on the national security front?

Core al Qaeda has really been weakened, there’s no question about that. But these offshoots, even those organizations that have split from al Qaeda, are of great concern and the brew that is potentially in the mix there between these groups, getting together, sharing expertise, whether its Al Qaeda in the Arabian Peninsula and the expertise they possess with regard to the creation of bombs, marrying them up with other groups. It’s the combination of these offshoots plus these foreign fighters. Those are the things that really give me concern.

How much of your time do you have to spend worrying about, thinking about and addressing the pressure from the Hill to constrain the executive branch?

We’ll have to see. There’s a very tangible thing we’re going to potentially have to deal with, which is the lawsuit that I think the House is going to file at some point. And the Justice department will obviously be involved in that. But in terms of the use of executive action, the president has appropriately used executive authority as other presidents have. He’s used executive action, around 180 times, something like that. I was looking the other day just at a list of presidents and Teddy Roosevelt issued about 1,000 executive orders. So in terms of magnitude this president has not used this authority nearly as much as his critics would say. But when executive action is proposed it is something that is reviewed here by the appropriate components within the Justice department and a legal determination made that the President can act in that way.

Have you reviewed the issue of expanding the president’s powers to grant reprieve from deportation proceedings for a broader number of people, not just children?

I’d say we’re reviewing that. The president has asked me and Secretary Jeh Johnson from Homeland Security to look into a wide range of things. So I’d say that we are reviewing the specific one that you had mentioned, but we are more broadly looking at the whole immigration portfolio.

Do you take a position on the philosophical debate over the purpose of incarceration, whether it is for rehabilitation or for retribution?

The purpose of sentencing, there’s a variety of factors: deterrence, punishment, rehabilitation. That’s all a part of what a good sentence is all about. But when done well it tends to focus on looking at the individual. I was a judge for five years here in Washington, DC, and it’s a combination of art and science.

 

MONEY The Economy

WATCH: Why You Should Care About the $7 Billion Citigroup Mortgage Settlement

Citigroup paid $7 billion as part of a settlement with the Justice Department, but homeowners affected by toxic mortgages are still struggling.

TIME justice

Dutch Supreme Court Blocks Extradition of Al-Qaeda Suspect to U.S.

NETHERLANDS-PAKISTAN-USA-JUSTICE
The lawyer of Dutch-Pakistani national Sabir Khan, Andre Seebregts (L), arrives in the courtroom of The Hague, on February 12, 2013. Robin Utrecht—AFP/Getty Images

The U.S. wanted to put Sabir Khan on trial in New York for supporting terrorist attacks against Americans in Afghanistan

In a setback for the Obama administration’s use of law enforcement to fight al-Qaeda, the Supreme Court of the Netherlands on Friday blocked the extradition to the U.S. of Sabir Ali Khan, a Dutch-Pakistani man wanted in New York for conspiracy to commit murder and support of al-Qaeda.

The U.S. believes Khan was involved in Taliban and al-Qaeda attacks against Americans in Afghanistan’s Kunar Province in 2010, according to U.S. court documents obtained by TIME. Khan was arrested by Pakistani forces in Sept. 2010, allegedly at the request of the U.S., and held at a secret prison where he says he was tortured.

Khan, whose mother was Dutch, has citizenship in the Netherlands and was eventually released to Dutch authorities and flown to Holland, where he was arrested. His Dutch lawyer argued that the government should determine whether Khan was arrested at the U.S. behest, and whether he would face a threat of further torture if he were extradited.

The Dutch Supreme Court Friday ruled that the extradition could not proceed because the Dutch Government had declined to look into the alleged U.S. role in Khan’s arrest. The Court, which did not address the threat of torture by the U.S., concluded “the Dutch State should have done some research in this matter,” says Dutch Supreme Court Spokeperson Mireille Beentjes. In blocking the extradition, the court stressed “the large interest of combatting torture worldwide,” Beentjes said, quoting from the court’s opinion.

Robert Nardoza, spokesman for the Eastern District of New York, where Khan was indicted on five counts in 2010, said, “We’re going to review the ruling by the Dutch Supreme Court and consider our options.”

Khan, who is in his late 20s, declined to comment when reached by telephone Friday. He remains free and living in the Netherlands. In January, he told TIME that while he suspects he is under constant surveillance, “Officially I have no restrictions on me.”

The case shows how the U.S. must increasingly rely on other states’ legal systems in countering terrorism as Washington attempts to wind down extraordinary powers granted to the president after 9/11. Those states are sometimes more or less aggressive than the U.S. would like, and counterterrorism officials are having to adjust as a result.

 

TIME justice

Insane Clown Posse Appeals Dismissal of Gang Lawsuit

Joseph Bruce, Violent J, Joseph Utsler, Shaggy 2 Dope
Joseph Bruce, aka Violent J, left, and Joseph Utsler, aka Shaggy 2 Dope, members of the Insane Clown Posse, address the media in Detroit, Jan. 8, 2014. The U.S. Justice Department is asking a judge to dismiss a lawsuit by Insane Clown Posse, which objects to a report that describes its fans as a dangerous gang. Carlos Osorio—AP

ACLU lawsuit says FBI violated band's free speech when it labeled their "Juggalo" fanbase a "hybrid gang"

The music group Insane Clown Posse Tuesday appealed the dismissal of a lawsuit it filed against the Justice Department over a 2011 FBI report that designated the rap duo’s fans, known as “Juggalos,” as a gang.

The American Civil Liberties Union of Michigan in January filed a lawsuit on behalf of the group alleging their free speech and due process rights, and those of their fans, were violated when the FBI labeled juggalos a “loosely organized hybrid gang.” ICP and Juggalos say they’ve been unfairly targeted by police because of the report.

U.S. District Judge Robert Cleland ruled last week that the Justice Department is not responsible for how other groups use their recommendations and that the report “does not recommend any particular course of action for local law enforcement to follow, and instead operates as a descriptive, rather than a prescriptive, assessment of nationwide gang trends.” The ACLU has appealed the decision to dismiss the suit.

In a statement, Tuesday, ICP member known as Violent J, also known as Joseph Bruce, said “This is not the end—we’ll keep fighting to clear the Juggalo family name.”

“Juggalos are not an organized fan club,” the ACLU says in its statement, “but a group of people who bond over the music and a philosophy of life, much like “Deadheads” bonded around the Grateful Dead.”

Juggalos, according to the FBI report, have been responsible for assaults and vandalism and a “small number” for more serious crimes. They were not included in the FBI’s most recent report.

TIME Congress

Rubio Says Cuban Intelligence Capability in U.S. ‘Grossly Underestimated’

Senator Marco Rubio, R-Fla. speaks at the Faith and Freedom Coalition's Road to Majority event in Washington on June 19, 2014.
Senator Marco Rubio, R-Fla. speaks at the Faith and Freedom Coalition's Road to Majority event in Washington on June 19, 2014. Molly Riley—AP

"The Cuban government punches well above their weight"

Sen. Marco Rubio (R-Fla.) said Tuesday that the Cuban intelligence presence in Washington and the United States is “grossly underestimated.”

“I think Cuban intelligence is much more active in this country than people believe,” Rubio said in response to questions about New Jersey Democratic Sen. Robert Menendez’s claim that he was the target of a Cuban intelligence smear scheme. “It is in fact, one of the three or four most active intelligence agencies operating in the United States today.”

“This is an ongoing challenge for all administrations,” added Rubio, a Florida native of Cuban descent who sits on both the Senate Intelligence and Foreign Relations committees. “It’s an espionage issue. When it comes to intelligence gathering and the ability to carry out intelligence operations, the Cuban government punches well above their weight.”

The Washington Post reported Monday night that Menendez has asked the Justice Department to seek evidence obtained by U.S. intelligence agents that the Cuban government engaged in a smear campaign that left him tangling with allegations he participated in pool parties with underage prostitutes while vacationing in the Dominican Republic. Menendez has been buffeted by a federal probe into whether he used his position to benefit the host of that trip.

Shortly before Menendez’s reelection in 2012, the conservative website The Daily Caller published a story quoting two Dominican women who said the Senator had paid them for sex. The women later recanted their accounts, saying they were paid to make them up, and the FBI’s investigation did not confirm the prostitution claims. Menendez, the Chairman of the Foreign Relations Committee, is fiercely in favor of the U.S. embargo of Cuba, and he told CNN on Tuesday he “wouldn’t be surprised” that the Castro regime “would do anything it can to stop me.”

Rubio said Tuesday that he has no idea if he has been targeted by Cuban intelligence officials.

“Not that I know,” said Rubio. “But who knows? I think Cuban intelligence presence both in Washington and the U.S. is grossly underestimated.”

TIME National Security

Memo Justifying Drone Strikes on Americans to Be Released

A demonstrator holds up a sign protesting the Obama administration's use of drones during May Day demonstrations in New York
A demonstrator holds up a sign protesting the Obama administration's use of drones, in New York, May 1, 2014. Lucas Jackson—Reuters

Reports say the Obama Administration will bow to pressure and release a secret document justifying hits on Americans, including Yemen-based al-Qaeda foreign-ops chief Anwar al-Awlaki

Correction appended, May 22, 2014

The Justice Department will release a classified 2011 memo that provided legal justification for the killing of American terrorist suspects overseas, according to unnamed U.S. officials who spoke to the Washington Post and the Associated Press.

The Obama Administration has been under pressure from both Republicans and Democrats to release the document. The Washington Post reported that a group of Senators said on Tuesday it would fight President Obama’s nomination to a federal-appeals-court judgeship of David J. Barron, one of the memo’s authors, unless the document was released. Barron is a Harvard professor and former Justice Department official.

Drones have killed four U.S. citizens, including Yemen-based Anwar al-Awlaki, described as the foreign-operations chief for al-Qaeda in the Arabian Peninsula. Al-Awlaki’s teenage son, also American, was killed in a separate strike.

(MORE: Inside the Obama Administration’s Fight Over the Drone Memo)

Reporters for New York Times and the American Civil Liberties Union (ACLU) filed a Freedom of Information Act request to see the memo, which was rejected by a federal court. On April 21, an appeals court overturned that decision. The Administration had until June 5 to object but instead it has reportedly chosen to publicize the memo on the eve of the Senate vote on Barron’s nomination, the Associated Press says.

Lawmakers have apparently been allowed to preview a copy of the memo.

ACLU deputy legal director Jameel Jaffer welcomed the release of the document, the Washington Post said. “The public surely has a right to know the breadth of the authority the government is claiming [for a drone strike against Americans] as well as the legal basis for it,” Jaffer said.

Correction: The original version of this story misstated that Anwar al-Awlaki’s son was killed in the same strike as his father. He was killed in a separate attack.

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