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January 26, 2006

FBI won’t seize library records

An update on the Brandeis terror threat/Newton library fiasco. From the Daily News Tribune, with thanks to Rafic:

NEWTON -- FBI agents responding to a terrorist threat last Wednesday could lawfully have seized library e-mail records, but decided not to, a bureau spokeswoman said yesterday.

"For a threat kind of event, you don’t necessarily need a warrant," said Gail Marcinkiewicz, spokeswoman for the FBI’s Boston office. Warrants are usually time-consuming, she said. "If you wait, the emergency could turn into a crisis, and maybe a loss of life."

Between 11 a.m. and noon, Jan. 18, Brandeis University Police received an e-mail making an unspecified, but credible terrorist threat against a university building. Emergency responders evacuated several campus buildings and a nearby elementary school, and local and federal officials swept the buildings with bomb-sniffing dogs.

By about 2 p.m., law enforcement officials had traced the e-mail to a computer at the Newton Free Library on Homer Street.

Newton police officers and FBI agents rushed to the library, but Newton Mayor David B. Cohen and library Director Kathy Glick-Weil asked officials to obtain warrants before surrendering library computers for search.

About 10 hours later, warrants in hand, agents removed the computers from the building for inspection.

FBI agents involved decided not to invoke their right to seize the material, in order to "be cooperative and not inconvenience the library," Marcinkiewicz said. She would not say on what information they had based their decision, citing the ongoing investigation.

"The decision on the imminence of this threat was not determined by the city of Newton," said city spokesman Jeremy Solomon. "It was determined by the FBI," and Cohen’s decision did not hinder their investigation.

Here comes the damage control:

Glick-Weil said FBI agents never told her they needed the information to prevent a terrorist attack. She disputed statements by an unnamed law enforcement official, quoted in yesterday’s Daily News Tribune, suggesting local officials had been uncooperative. Library technology staff helped investigators locate the computer from which the e-mail had been sent, she said. "I feel I did everything I needed to do to protect the privacy of the people I need to protect, and to obey the law," Glick-Weil said.

Maybe. But if a bomb had exploded at Brandeis, your damage control efforts would be considerably more difficult today.

Posted by Robert at January 26, 2006 7:10 AM
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Comments
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I don't quite understand this fuss over wiretapping. I've read that the FISA laws allows the government to get a warrant up to three days later. Sounds OK to me. As long as there is some kind of 'impartial' supervision, some kind of 'check and balance'. After all, the FISA court has only rejected something like 3 out of 10,000 requests...

Posted by: Benjamin [TypeKey Profile Page] at January 26, 2006 7:31 AM

Benjamin:

I believe I recently read in one of frontpagemag.com's Warblog editions that opinion polls indicate that most of the hysteria against the so-called domestic spying is coming from the usual suspects, that the average Democrat voter is pretty much on the same page as the average Republican supporter when it comes to matters of security in the age of terror.

Posted by: waterdragon52 [TypeKey Profile Page] at January 26, 2006 8:44 AM

Benjamin, That's not quite accurate: The FISA Court modified only 1 Clinton Administration warrant request, but rejected and/or modified 179 Bush Administration warrants.

On this library's Ms. Glick-Weil: What insufferable arrogance, that unless she was informed of the specifics of a terrorist investigation, she feels justified as a librarian in obstructing that investigation?

Obviously, an electronic trail led to a specific computer. That may or may not indicate that a library patron who used that computer was involved in a threat, but it does indicate that the computer itself possibly contains evidence relevant to an investigation.

That Glick-weil feels she "did everything I needed to do to protect the privacy of the people I need to protect, and to obey the law" wouldn't even suffice if she were a clergyman claiming a confidentiality-based confessional exemption -- something similar to which she apparently IS claiming.

In spite of the American Library Association's apparent group delusion that the "Library Bill of Rights" deserves legal deference not available to any other associations' mission statements, libraries and librarians have the same obligations other citizens and organizations are obliged to abide by.

Since when is it not a fundamental obligation of citizenship to refrain from obstructing justice? I'm certain Martha Stewart, and many others who would prefer wardrobes more fashionable than their orange jumpsuits, would like to know.

Posted by: Merry Whitney [TypeKey Profile Page] at January 26, 2006 9:57 AM

Bennie, With thinking like that, you will have put in jepardy the lives of millions of registered and non registered American voters. With the new threat here on our soil, we can't just allow a body of non American individuals decide if we can protect ourselves or not. The enemy is using our resources and our laws against us without fear of retribution or retaliation!!! I'm totally against wiretapping on innocent people. But if a person of intrest is communicating with known people of illrefute, then they need to be survailled.
There was an e-mail sent by a terrorist or terrorists through this computer in OUR library. There is no telling what was said or what is planned for our country. I hope and pray that we never find out. THE HARD WAY!!!
Thing about it is that this was a possible threat against the university towards one of their buildings!!! The halls of higher liberal learning were threatened and the liberals defended themselves from the people sent to insure their safty. I guess Ms. Glick-Weil and Mayor Cohen would have been happier if the terrorists had carried out their threat. Knowing that they defended the rights of terrorists of kill innocent young lives at their school of higher "leftist liberal" learning. Keeping those meanies, the FBI, from protecting them against the misunderstood Islamofeces. Keeping the academs from getting an insight into why they hate us the way that they do. So what if a few lives were sacrificed. It's all America's fault anyway. Why do we have to live so free? Why do we have to force freedom on the indigenous Muslims that only practice violence when provoked? That practice a "religion of peace."
As far as I'm concerned, FISA can keep their warrants and use them elsewhere. "We the People" don't need their permmission to protect ourselves against terrorists. And the city of Newton should be proud to know that the ACLU backs their Mayor and Ms. Glick-Weil in their efforts to insure their public safty. I hear that these two are also being nominated for the CAIR Award for "Total Ignorance of Islam and Terrorist Enabling." Congradualations guys, according to the FBI, you've earned it.

Posted by: Ironman Hondo [TypeKey Profile Page] at January 26, 2006 10:25 AM

When are we going to have enough of these carefully manipulated news stories?

Stories designed to remind us the Government isn't bad, see we didn't take something we could have.


Yet at the same time they toss a bunch of comments around and out there about we didn't need a warrant particularly and by the way those warrant thingies are so time consuming...

Yes toss it out there like it's just the most natural of things, condition the sheeple to accept it.

Perhaps Gail would like to read the Constitution for the first time in her life?

Posted by: tangotracker [TypeKey Profile Page] at January 26, 2006 10:44 AM

Re: my last posting on this subject on the first article on this outrage. I invite the ernest Ms.Glick Weil to convoy with us in our VW Vans and used grease powered vehicles down to Bush's Ranch for a Read-In. She is a role model for all right minded leftists in the US. We should not give up our personal rights in the interest of public safety. The next thing these fascists will want are everyone's video store records.
I will meet you at the family compound in Hyannisport.
Right On, Power to the People
Your Favorite Senator

Enc:copy of last posting
Horrors!! We must all stand shoulder to shoulder to protect the sanctity of our library cards. I call for all leftists to take immediate action. We should all go to our local library and burn our library cards in protest to the Jack-boot tactics of the military-industrial complex facists that are attempting to trace our library activities without a warrant. We should support the actions of the freedom loving librarians everywhere! Without them, everyone would find out about all the porno and sedious material we read. We dont want to drive over that bridge!
signed
Your Favorite Senator


Posted by: GrimReaperxxx [TypeKey Profile Page] at January 26, 2006 10:48 AM

Ironman,

Your comment terrifies me. I'm almost speechless.

But not quite. You assume that the Government would never vicitimize YOU. You assume that it's ok to surrender your freedom and privacy to protect you. NEVER in the history of the world has surrendering freedom and privacy protected those that surrendered it.

Good reasons to do things are easily manufactured. These actions ARE prohibited by the Bill of Rights and for good reason.

Rather than spewing forth the nonsense that CNN has fed you I implore you to go pick up some history books and study Totalitarian and Facist regimes. Look at how they came to power and stripped the liberty from the people. The equation is almost always the same and it's way too similar to current events.

But likely you'll just brand me a crazed conspiracy theorist. Don't worry I'll still work to defend your liberty, your freedom, even if you would hand it forth on a silver platter.

Posted by: tangotracker [TypeKey Profile Page] at January 26, 2006 10:52 AM

Your comment terrifies me. I'm almost speechless.

Get used to it. By allowing Moslems in our midst we knowingly reduce our freedom. Sooner or later, it will be time to open a new Consitutional Convention, preferably in Detroit, and edit down the grand old document to be more Islam friendly.

This is not only is inevitable, it is a process already well underway.

Posted by: Alarmed Pig Farmer [TypeKey Profile Page] at January 26, 2006 11:34 AM

Tango Tracker, You've misjugded me. I don't believe in the monitoring of innocent people. Only the ones that mean our country no good. I am not one to give up my freedoms so easily!!!
I hate government. Never trusted it and never will. But it's what we've got until the next election in November!!!
And I never, ever watch CNN. And I've studied on the verious totalitrian regimes. Hitler, Mussolini, Tojo, Stalin, Ho Chee Minh, Mao. Even Fidel Castro's Cuba. I'm more than aware of how they came to power in tried to stay in power, BY BANNING GUN OWNERSHIP!!!
The Bill of Rights dosen't guarantee of privacy, but it does protect us from self incrimination, thus the Miranda law.
And I would never brand you a crazy for being overly cautious. As much as I go on about my right to keep and bear arm, I'm surprised that you don't see me that way. Guess that's what make us Americans. Let not your heart be troubled. I avoid the Clinton News Network like the plague.
I'm a fan of the FOX News Channel. I listen to Rush Limbaugh, Rusty Humphries, Sean Hannity, and a host of other conservatives. Wolf Blitzer is not my cup o tea.
Alarmed Pig Farmer, take arm my friend to prevent this Islamic constitutional convention. Especially if it's in Detriot. Let not your heart be truobled. "We the People" still have the 2nd Amendment to protect us from those that would try to take our freedoms. the Islamofeces would only fail in an attempt to enforce Islam on us. Gear up and be of good cheer. Because of our 2nd Amendment, The Islamofeces will die for their cause. Our guns will guarantee it.
Mine Eyes Have Seen the Glory of the Coming of the Lord!!!

Posted by: Ironman Hondo [TypeKey Profile Page] at January 26, 2006 4:39 PM

Newton Mayor David B. Cohen and library Director Kathy Glick-Weil are JEWS THEM IS JEWS. WHO WAS BRANDEIS A JEW THIS IS A JEW UNIVERSITY, WHAT ARE THEY HIDING????? THAT IS THE QUESTION TO ASK?

Posted by: what the fuck is this shit [TypeKey Profile Page] at January 28, 2006 7:12 AM

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