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The Courts Government United States News

FBI Coerced Confession Deemed "Classified" 456

Steve Bergstein is one of several who have blogged about a recent court ruling that reads like most any bestselling crime novel. Apparently, when the court originally posted their decision (complete with backstory) it detailed how a coerced confession was obtained by the FBI from Abdallah Higazy in relation to the 9/11 attacks. The details, however, were later removed and deemed "classified". "As I read the opinion I realized it was a 44 page epic, too long for me to print out. I blogged about the opinion while I read it online and then posted the blog as I ate lunch. Then something strange happened: a few minutes after I posted the blog, the opinion vanished from the Court of Appeals website! [...] The next day, the Court of Appeals reissued the Higazy opinion. With a redaction. The court simply omitted from the revised decision facts about how the FBI agent extracted the false confession from Higazy. For some reason, this information is classified."
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FBI Coerced Confession Deemed "Classified"

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  • Re:Ha! (Score:4, Interesting)

    by Ravensfire ( 209905 ) on Monday October 22, 2007 @01:49PM (#21074381) Homepage
    Bush?

    Do you REALLY think this just started with Bush? Or just this century?

    All that's happened recently is it's now harder to hide things, and easier to leak anonymously. Politician hiding information they don't like is far, far older.

    Bush didn't teach them shit about corruption - see J. Edgar Hoover.

    -- Ravensfire
  • by jc42 ( 318812 ) on Monday October 22, 2007 @01:56PM (#21074491) Homepage Journal
    It reminds me of the Jim Morin cartoon [gocomics.com] last week. That was about another case of "national security" being used to suppress information that was embarrassing to the government, but the basic idea is the same.

    There's lots of historic evidence now that official secrecy in the US (and all other governments) rarely has anything to do with "national security". The primary reason for secrecy has always been to prevent a government's own citizens from knowing about the inner workings of their own government.

    Suppression of evidence that would exonerate a defendant in a criminal court case is the most egregious sort of misuse of official secrecy, true, and it's routinely used for things much less important than this. Occasionally, it is actually used to prevent a nation's external enemies to learn something embarrassing. But mostly it's just to keep internal enemies (aka "citizens") from learning things that the government doesn't want you or me (or a judge) to know.

  • by Hijacked Public ( 999535 ) * on Monday October 22, 2007 @02:21PM (#21074867)

    And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs.
    No.

    Long before those photographs were published many US soldiers expected to be tortured if they were captured. During some of the higher level Marine SERE training that was pretty well drilled into our heads. And if it wasn't, those of us on the ground in Somalia, watching video of our captured brothers, figured it out.

    So no, I don't think the photos were any kind of deciding factor for anyone.
  • Google News question (Score:5, Interesting)

    by Insightfill ( 554828 ) on Monday October 22, 2007 @02:28PM (#21074983) Homepage
    OK, a search on Google News on "Higazy" when the story broke showed a whole SIX hits, went down to zero for a while, then went back up to one. Any idea what's going on here?
  • The machine is not broken, the Constitution remains to this day a framework that is viable, and valid. It is the men in government that torture its meanings, and pervert the rule of law.

    Yes, it is broke. The Constitution is great, but nobody listens to it. It's supposed to be a grant of powers to the government, not an enumeration of rights of the people, so, from the get go, we've lost all of our natural rights without even firing a shot. A number of federal agencies and rules are, essentially, unconstitutional.

    We are on a wartime footing, and have been since World War II. We have either armies, spies or federal agents all working in parts of the world we shouldn't even care to about to fight some enemy that I don't even care about. It seems like, any more, all we do is go around the world, looking to pick fights.

    Enough already. We can be brave enough to choose peace. Note, that I'm not saying -disarm-. But I do think its time to bring our little empire to a close, as, its mere existence is corroding our national soul.

    Besides, I don't think a nation of 300 million gun owners needs to have that much of a government to really protect it. We Americans know how to shoot well enough on our own. Let's get the heck out of NATO and all of these other military alliances, have American troops only on American soil, and start acting like a normal country for a change.
  • by Anonymous Coward on Monday October 22, 2007 @02:39PM (#21075145)

    This blog highlights the effects that our executive branch is having on our Right to confront our own government's behavior.

    It is important because it shows a concerted effort to keep secret the systematic and despicable actions of people in our agencies, who act on our behalf, using ineffectual techniques that have yielded injustice. No good comes from protecting incompetence.

    If you want to obfuscate or redirect the conversation... too bad!

  • by schwaang ( 667808 ) on Monday October 22, 2007 @02:48PM (#21075263)
    This kind of thing is why the California Commission on the Fair Administration of Justice [ccfaj.org] made recommendations to reduce wrongful convictions including:
    - mandatory recording of confessions made while in custody of law enforcement
    - corroboration of jailhouse informant testimony
    - standards for eyewitness identification procedures

    The Commission is made up of law enforcement, prosecutors and defense attorneys. Their recommendations were embodied in three California Senate bills (SB511, SB609, SB756) and were passed by the Senate.

    Governor Schwarzenneger vetoed all three bills. About the bill requiring the recording of confessions he said: "This bill would place unnecessary restrictions on police investigators."
  • by Boronx ( 228853 ) <evonreis@mohr-en ... m ['gin' in gap]> on Monday October 22, 2007 @03:14PM (#21075643) Homepage Journal
    Cheney, on the other hand, is widely well regarded as an evil mastermind.

    A completely undeserved reputation. His big plan in '91, for example, was to parachute the 82nd Airborne behind Iraqi lines, capture an Iraqi city and hold for ransom. Schwartzkopf, sane human that he was, didn't think much of it and said so, but Cheney kept insisting on it for weeks.

    Bush may be garden variety dumb, but Cheney is truly demented.

  • by Anonymous Coward on Monday October 22, 2007 @03:43PM (#21076043)
    I've been trying to respond to the Grandparent post, but apparently I'm a cowboy who can't post twice in the same hour ("It's been 1 hour, 2 minutes since you last successfully posted a comment"). So I'll (attempt to) put both in the same comment. One part agrees with you, one part does not. Here's the part I disagree with:

    The machine is not broken, the Constitution remains to this day a framework that is viable, and valid.

    I maintain that the Constitution IS broken, and is no longer viable, and that the Supreme Court has ruled that it doesn't even apply. An example is the absurd lengths of copyright. The Constitution gives Congress the right to "secure, for limited times", artistic and scientific work, legalizing copyright and patent laws. The court said in its opinion that "limited" meant whatever Congress says it means; a million years is a limited time.

    They had to amend the Constitution to outlaw alcohol, so why could they outlaw other drugs without an amendment? If a woman has a right to remove a fetus, why can't she insert cocaine or rat poison? Where in the Constitution does it give Congress the right to restrict drug use?

    I wrote a piece a few years ago titled Liberty? What liberty? [kuro5hin.org], listing the bill of rights and how it has been rendered meaningless.

    My 4th amendment rights have been violated twice this year, once on Memorial day! On the day we commemorate the deaths of soldiers who died defending our rights, a crazy ex-girlfriend (Chris) [slashdot.org] came by looking for my house, and scared some of the neighbors, who called the cops. The cops opened my garage and had a look around before knocking on my door; I pawned the crazy old bitch of on them, who took her home (her BF had locked her out which is why she came looking for me, wanting a place to sleep).

    I was searched for drugs this summer. No arrest, no warrant, just pounced on and searched, because I'd given a woman a ride to what turned out to be a dope house (I sure can pick 'em, can't I?)

    From the GP (this is responding to the guy you are responding to):

    For all of the bashing the left does about Bush

    I got some news for you, skippy - "the left" aren't the only ones bashing Bush. He has a lower approval rating than even Herbert Hover did after the economy collapsed. The only ones NOT bashing him are the droolers who are too damned stupid to realise what an incredibly awful, offal job Bush is doing by any measure.

    -mcgrew [mcgrew.info]
    (linked text is titled "Outlaw the American Secret Police")

    PS- my voting record in Presidential races:
    Nixon (R)
    Carter (D)
    Reagan (R)
    Reagan (R)
    Bush (R)
    Clinton (D)
    Clinton (D)
    Gore (D)
    Badnarik (L)

    I'm hardly a leftie. My take on government is that it's supposed to protect me from you, and provide basic infrastructure (roads, schools, etc). Since 40,000 people die every year on our highways, the terrorist I'm scared of is in an SUV. I want to see some of that Homeland Security money going to improve our roadways, instead of wasting it on Bush's stupid Iraq war.
  • by jfengel ( 409917 ) on Monday October 22, 2007 @03:56PM (#21076223) Homepage Journal

    "[i]t never happened to anyone who told the truth."
    That's very odd. A polygraph cuff is just helping to take your blood pressure, and it doesn't hurt. If you set it to the point of pain it wouldn't do any good.

    It's not like the thing responds to perceived lies with more pressure, or that the reactions it's measuring are painful. That would completely throw off what little good the polygraph is actually able to do.

    So I have no idea why the guy would say that, unless he's not operating the polygraph properly and has no conception of how it's supposed to be used.

    Or perhaps he's just trying to throw a scare into the guy. The thing can be set to the point of pain, especially if you put it on wrong with something digging in. I suppose the guy could be threatening to turn it up to 11, which really would hurt a lot, but that would certainly be deliberate torture.
  • Re:Ha! (Score:5, Interesting)

    by feed_me_cereal ( 452042 ) on Monday October 22, 2007 @04:16PM (#21076547)

    surpassing even Nixon
    ...waaaaay surpassing Nixon.

    A lot of people like to make this comparison because Nixon often came off as a unilateral dick, he was in many ways. However, he at least was a functional president. Hell, he was more than a functional president; he even had several net positives like repairing relations with China. If I had the chance to go back and magically make it so we had Nixon as president for the last 7 years, I think I would literally jump for joy.
  • I disagree that Nukes would solve anything.

      If we pay attention to the legitimate grievances of the local population, and behave ourselves, the local population, who fear and despise the Jihadist movements as a rule, will turn the Jihadists in (those that remain Jihadist in outlook).

      Even a bare minimum regard for the economic well-being of the general population nips these movements in the bud, which is why they are absent in Turkey (which has religious conservatives, but they are not at all the same) and Libya (hardly a paradigm example in other respects) but so prevalent in Algeria and Egypt.

      In fact, in the wake of 9/11, this is what began to happen. The Jihadist movements were on the run and would have been destroyed.

      Except that we invaded Iraq, religitimizing these movements in the eyes of the general population to a significant extent, and saving them from destruction at the hands of their own populations, who are also their primary victims. So while Iraq had nothing to do with 9/11, the invasion of Iraq contributed immensely the possibility that we'll see further attacks.

      As for nuking Saudi Arabia - we'd see a similar effect. The rest of the world would see attacks against the US as legitimate, and they'd unite against us. US-friendly regimes in Turkey, the Balkans and Indonesia would become unviable. It would be an absolute disaster.

      There are two basic things that we could do to reduce the threat of terror, and they would work:
    1) Police work, as you say.
      and
    2) Basic honor and decency.
  • Re:Ha! (Score:4, Interesting)

    by the_arrow ( 171557 ) on Monday October 22, 2007 @04:49PM (#21077093) Homepage

    making some bold claims about egyptian security forces which are probably taken out of thin air

    Well, one word from FBI to the Egyptian police, and the family will be taken in for questioning. And by questioning I mean full-body-contact questioning.
  • by stewwy ( 687854 ) on Monday October 22, 2007 @06:18PM (#21078251)
    don't confuse facts or morality with international politics, its easy to understand if you think of the world as a giant kindergarten with no morals and people(countries) constantly ganging up on others. trying to join with the bullies(guess who's the biggest bully at the moment) to prevent being picked on, picking the wrong side (Soviet Russia, couple of decades ago, look at the pain her allies went through)and generally behaving like little monsters. You even get the occasional totally insane kid everyone avoids (Pol Pot - Cambodia springs to mind). Depressing but it seems a meme to explain a lot that goes on
  • by SethJohnson ( 112166 ) on Monday October 22, 2007 @06:24PM (#21078325) Homepage Journal


    Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

    Don't let this pawn distract you. The US perceives Egypt as rank amateurs in their torture methodology. America's secret prison rendition system sends lower-ranking captives to Egypt for torturing, while using the CIA-operated secret prisons for higher-level suspects.

    From the Washington Post [washingtonpost.com]:

    "A second tier -- which these sources believe includes more than 70 detainees -- is a group considered less important, with less direct involvement in terrorism and having limited intelligence value. These prisoners, some of whom were originally taken to black sites, are delivered to intelligence services in Egypt, Jordan, Morocco, Afghanistan and other countries, a process sometimes known as "rendition." While the first-tier black sites are run by CIA officers, the jails in these countries are operated by the host nations, with CIA financial assistance and, sometimes, direction."


    Ten years ago, we used to talk about the existence of Black Helicopters [wikipedia.org] and people would laugh at these conspiracy theories. Now people wonder why we're making such a big deal about them.

    Seth
  • I'd disagree (Score:3, Interesting)

    by CHESTER COPPERPOT ( 864371 ) on Monday October 22, 2007 @07:00PM (#21078705)
    You got that story direct from Schwartzkopfs biography right? Talk about bias. Ever read much about John Boyd? The American military strategist? Boyd gave Cheney private presentations of his Patterns of Conflict and other briefings. In Boyds biography by Robert Coram there is a quote by one of Boyds acolytes that states Cheney was one of the most knowledgeable civilians outside military circles when it came to warfare. I've also read 'kopfs biography. He was talking about Cheneys office giving ideas to throw about in the mix, particularly ideas that were unconventional to mix with conventional military minds that were working on the plans. If anything it was a divergent thinking process, rather than convergent. It might have been shut down because it was stupid, but it was part of a process of thinking. Schwartzkopf was taking the planning out of context. The story doesn't show Cheney is dumb, but that Schwartzkopf doesn't understand the different between a divergent and convergent thinking process. I also find it laughable that'd you quote Schwartzkopf as a critic of Cheney. Schwartzkopf also wanted to get rid the brilliant "hail mary" plan in desert storm, that Cheney's office devised. Schwartzkopf wanted to just attack kuwait head on which would have meant a bloodbath for American troops. Sane indeed.
  • by HiThere ( 15173 ) <charleshixsn@@@earthlink...net> on Monday October 22, 2007 @07:55PM (#21079285)
    Congrats, US leaders: you managed to completely hose one of our main advantages in the "war" on terror. Sadly, the next crop (Hillary or Guliani, most likely) will be just as bad. Why? Because the majority of the voters buy into the 24 approach to terror. Which means we get the leaders we deserve.

    No, they'll be just as bad because of the systematic structure of the US electorial system. It's a system where if you don't vote for the most popular candidate, you vote is worthless, so you need to guess which of the two bastard promulgated as the top two is least offensive...or you might just as well not vote.

    I'm getting closer and closer to not bothering, since I can't really tell which is worse. I probably will, though, when push comes to shove, take some dramamine & some anti-acid and vote for one or the other of them. But the thought of being told how I've "given them a mandate" may make me vote for a third party. At least that way I'll be able to claim "it's not my fault, I voted for Kodos".

  • by Zeinfeld ( 263942 ) on Monday October 22, 2007 @08:22PM (#21079499) Homepage
    Long before those photographs were published many US soldiers expected to be tortured if they were captured. During some of the higher level Marine SERE training that was pretty well drilled into our heads.

    I am aware of that, the Abu Graihb photographs look pretty much like the SAS course Resistance to Interrogation (R2I).

    The point I was making however is that before the photographs that was pretty much the worst that captured servicemen could expect. Now it is the best.

    Its even worse than that as the whole point of R2I is that everyone talks and what they say is complete garbage.

  • Re:Ha! (Score:3, Interesting)

    by michaelmuffin ( 1149499 ) on Monday October 22, 2007 @09:10PM (#21079829)
    As much as I hate to say it, I agree and would much rather take Nixon over Bush. Nixon was at least clever enough about waging his wars to at least try to keep the domestic population happy. For example, creating the Environmental Protection Agency, creating the Occupational Safety and Health Administration, and that thing he did to fix social security for inflation. Bush doesn't seem to care much for people abroad or at home. Not that I want Bush to be cleverer about waging wars or anything, but you know what I mean.

"Experience has proved that some people indeed know everything." -- Russell Baker

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