Civil Liberties
Related: About this forumDHS Dep Sec Cuccinelli tells NPR not only are they not stopping the Portland tactics, they're ...
SoManyMeanBooksHat RetweetedDeputy Secretary of DHS Ken Cuccinelli tells NPR not only are they not stopping the Portland tactics they're going to take them nationwide. https://talkingpointsmemo.com/edblog/dhs-under-boss-were-taking-this-national via
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DHS Official On Reports Of Federal Officers Detaining Protesters In Portland, Ore.
July 17, 2020 3:55 PM ET
Heard on All Things Considered
6-Minute Listen
NPR's Sarah McCammon talks with acting Homeland Security Deputy Secretary Ken Cuccinelli about reports of federal officers using unmarked vehicles to detain protesters in Portland, Ore.
SARAH MCCAMMON, HOST:
Federal agents in unmarked vans are picking up and detaining protesters on the streets of Portland, Ore. That's according to reporting from Oregon Public Broadcasting. Protests spurred by the death of George Floyd have been a constant in the city for more than six weeks, but this week accounts from protesters suggest federal law enforcement is using tactics that are being questioned by civil rights advocates. And the U.S. attorney in Oregon is asking for a federal investigation based on those accounts. Joining me now to talk about it is Ken Cuccinelli, the acting deputy secretary of Homeland Security.
Welcome to the program.
KEN CUCCINELLI: Good afternoon.
MCCAMMON: So first question - are federal agents using unmarked vehicles to pick up protesters in U.S. cities?
CUCCINELLI: Well, in Portland, they have. I wouldn't say this is used anywhere else, but that was done obviously to keep both the officers safe and also, when crowds gathered, to move people to a safe location for questioning. In the one instance I'm familiar with, they were - believed they had identified someone who had assaulted officers or a position - a federal building there, the courthouse. Upon questioning, they determined they were - they did not have the right person, and that person was released. So - but all that questioning took place out of reach of a mob that had been gathering in one point, so that's how that concluded.
MCCAMMON: You're saying there was just one case. Are you talking about the protester Mark Pettibone, who spoke with my colleagues at Oregon Public Broadcasting?
CUCCINELLI: I'm not sure the name of the particular individual, so I can't answer that one.
MCCAMMON: Well, this gentleman said he was pulled into an unmarked van full of armed men who didn't identify themselves, driven to a building he only found out after being released was a federal courthouse, not the county jail where local law enforcement would take him. Why - can you comment, first of all, on this allegation?
CUCCINELLI: Well, I can't speak to this specific instance, but the federal courthouse there is protected by Federal Protective Services, who are being supported by both CBP and ICE officers and - because of the violence there and the graffiti. I'm sure you've seen all of that. And they are attempting to make arrests. They are attempting to identify violent rioters and to then pick them up, arrest them and go and have them prosecuted federally.
MCCAMMON: Are you saying this has only happened once?
CUCCINELLI: The offenses there are federal.
MCCAMMON: Are you saying this has only happened once?
CUCCINELLI: I'm not speaking to the number of times it has happened. I'm telling you what they're doing in terms of a process. And I fully expect that as long as people continue to be violent and to destroy property that we will attempt to identify those folks. We will pick them up in front of the courthouse. If we spot them elsewhere, we will pick them up elsewhere. And if we have a question about somebody's identity - like the first example I noted to you - after questioning determine it isn't someone of interest, then they get released. And that's standard law enforcement procedure, and it's going to continue as long as the violence continues.
{snip}
CottonBear
(21,613 posts)global1
(25,919 posts)he seems to be itching to send troops to Chicago. Last night on the news they showed live shots of a riot of sorts that broke out in Grant Park near downtown Chicago. The Chicago Police handled it - but something about it struck me that this incident was odd. After reading this post I'm wondering if this event was staged by Trump supporters to give Trump an excuse to send these goons into the streets of Chicago. We need to keep an eye on this situation as I don't trust Trump - especially now that he's losing in the polls. He's capable of doing anything at this point.
Baitball Blogger
(48,032 posts)on an urban street, clashing with a diverse group of civilians?
CottonBear
(21,613 posts)Trump hates female Democratic leaders, and he really hates them more if they are black.
Im in Georgia. Trump was here on Thursday to meet with Governor Kemp (R-GA). Kemp is in a legal battle over mask mandates with Atlanta mayor. Keisha Lance Bottoms. Im sure Trump and Kemp want to deploy these tactics in Atlanta. Kemp recently deployed the Georgia National Guard to tear gas peaceful BLM protestors in his hometown of Athens, GA. Kemp doubled down on the stupid and hate in a press conference yesterday morning.
raging moderate
(4,502 posts)I have not heard of this group. Who are they? I googled them, and they are listed as a part of Homeland Security, designed to protect against acts of terrorism, etc.
discntnt_irny_srcsm
(18,576 posts)The Federal Protective Service
Mission Statement
To prevent, protect, respond to and recover from terrorism, criminal acts, and other hazards threatening the U.S. Governments critical infrastructure, services, and the people who provide or receive them.
global1
(25,919 posts)Where's the funding coming from? Where is this group trained, housed and equipped? Who heads up this group?
discntnt_irny_srcsm
(18,576 posts)My personal opinion, "night watchmen" isn't in quotes for no special reason. Washington became very sensitive to spies starting in 1753. Counterintelligence and counterinsurgency have been around for a very long time. I think lots groups that have interests in domestic surveillance have unofficial agreements of cooperation from parts of some US executive departments. There are instances of military officers from Five Eyes nations holding senior positions within US intelligence agencies. Other than the FBI, most US "spy groups" are restricted from domestic operations. "Friendly" foreign government groups may have no such commitments.
global1
(25,919 posts)that was ready just after 911 and it was said nobody read. I was wondering if this was slipped in with some potentially sinister intentions for some later date - like now.
Trump seems to be taking advantage of the FPS - and I guess I'm just suspect of everything he does.
discntnt_irny_srcsm
(18,576 posts)Probably was for a time.
I'm fairly sure that a number of groups go through regular retraining part of which includes:
"We are now called ___".
"We work under ___ which is supervised by a department whose name you don't have a need to know."
The FOIA makes it necessary to shuffle the cards occasionally.
DFW
(56,520 posts)In the days when a Republican should have been a shoo-in for Governor of Virginia, he couldnt even manage to win that. If Trumps goons hadnt given him this mercy posting, hed be chasing ambulances in Richmondknowing him, probably in an unauthorized borrowed police car.
sinkingfeeling
(52,990 posts)Iliyah
(25,111 posts)Federal Secret Police are illegal, period. Request for assistance from the federal government is up to the state and Oregon did not request them. Plus, no identifying anything on their uniforms? Think of Russia.
Laelth
(32,017 posts)Thats all theyve got. DHS is calling the protesters violent anarchists, but the vast majority of the crimes that DHS is investigating are defacement of public property, i.e. graffiti. The DHS folks must be AWFULLY BORED if this is the kind of crime we need to have paramilitary swat teams investigating.
-Laelth
Baitball Blogger
(48,032 posts)Trump wants to go full on authoritarian to excite his base.
LTG
(216 posts)If, as claimed by the acting Sec of DHS, these are federal LEOs from CBP, ICE and the US Marshalls Service then they are all empowered by federal to protect federal buildings and facilities wherever they may be. Federal law also allows them to prevent, investigate and make arrests for any actual or reasonably suspected violation of federal laws wherever they may occur or the suspect is found.
These powers are independent of local control, and require neither invitation nor consent. Local authorities may refuse to assist in various activities but can not forbid or prevent them as long as it is in furtherance of their duties of protection or enforcement of federal laws.
The Federal Protective Service has been providing security at the entrances, within and around virtually all Federal buildings and facilities For quite a while and is created and funded by Congressional action. Im not sure that they are actually Federal LEOs with arrest powers. Also not sure what, if any, their role may be beyond building security and protection.
If the governor tried the utilize the National Guard, they would simply be ordered to federal service, taking control away from the governor. They would then be ordered back to barracks. This has historically been done a number of times when governors have tried to use the Guard to inhibit federal officers from enforcing federal law. Further, it would be impractical for local law enforcement, if they would carry out such an order, to interfere or make arrests of federal officers if the feds are acting under color of federal legal authority.
It would be up to the Federal Courts to decide if their actions are within the applicable federal law, rules and regulations. The District Court might find some of the actions outside normal practices and procedures and order changes. That would be immediately appealed.
Except for lodging complaints and filing lawsuits there is little any Member of Congress or local officials can do in the short term. The complaints need to be loud, continuous, public and well publicized. Public sentiment wont affect behavior but moving the needle of public awareness and anger is always good in the long run.
At least that would be my best understanding of the situation, based upon incomplete and unverified information.
( Hello to anyone that actually read your way all the way down here. Posts like this are long, but part of it is trying to think my way through the legal issues for myself, and writing helps me do that. Although, admittedly, sometimes to a reasoned but ultimately wrong conclusion. I leave them for whatever they might add to the discussion. )
Alliepoo
(2,488 posts)I read it and you helped me understand it!!
Gidney N Cloyd
(19,847 posts)flamin lib
(14,559 posts)who will take their AR15s and save us from this.
mahatmakanejeeves
(60,933 posts)Every word of this. Imagine reading about any other government sending paramilitaries to abduct people off the street, then claiming its ncessary to fight vandalism. Were in a dangerous time. And its going to get more dangerous as Trump realizes hes losing his grip on power.
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