.........
NEWS of the Day - July 22, 2011
on some NAACC / LACP issues of interest

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NEWS of the Day - July 22, 2011
on some issues of interest to the community policing and neighborhood activist across the country

EDITOR'S NOTE: The following group of articles from local newspapers and other sources constitutes but a small percentage of the information available to the community policing and neighborhood activist public. It is by no means meant to cover every possible issue of interest, nor is it meant to convey any particular point of view ...

We present this simply as a convenience to our readership ...

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From Los Angeles Times

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ATF sought to downplay guns scandal, emails show

As Sen. Charles Grassley and congressional investigators looked into the Fast and Furious operation and the killing of Border Patrol Agent Brian Terry, ATF officials took steps to throw them off the trail.

by Richard A. Serrano

Washington Bureau

July 21, 2011

Reporting from Washington

Two days after U.S. Border Patrol Agent Brian A. Terry was killed in December, the top ATF supervisors in Phoenix said in internal emails that weapons found at the scene in Arizona came from a failed agency sting operation.

But nearly two months later, when U.S. Sen. Charles E. Grassley (R-Iowa) inquired about the origin of the guns, senior officials in Washington with the Justice Department and its Bureau of Alcohol, Tobacco and Firearms were evasive.

Grassley asked whether the guns were "used" in the killing. According to agency emails obtained by the Tribune/Times Washington bureau, the Justice Department response to Grassley said that "these allegations are not true." The response made no acknowledgement that the guns were even there.

ATF officials, speaking not for attribution because the probe is ongoing, said they saw a distinction between the guns being found at the scene and "used" in the killing. They said the FBI had determined that neither of the two AK-47 semiautomatics was the one that killed the agent.

The parsing of the response to Grassley fit a pattern of ATF and Justice Department officials seeking to minimize the depth of the problems with the sting operation run by the ATF's Phoenix field office.

The goal of the sting operation, dubbed Fast and Furious, was to observe but not prevent a series of illegal gun purchases in the hopes that agents could follow the guns and learn about smuggling routes into Mexico. The program, which began in November 2009, largely failed. ATF lost track of many of the weapons. Along with the two guns found at the Terry shooting, nearly 200 more were found at crime scenes in Mexico.

After the death of Terry and Grassley's inquiries, the agency sought to close ranks. In an email on Feb. 3, ATF supervisors were told "you are in no way obligated to respond to congressional contacts or requests for information.... You are not authorized to disclose non-public information about law enforcement matters outside of ATF or the Department of Justice to anyone, including congressional staff."

In addition, in a series of emails to William J. Hoover, the ATF's acting deputy director, bureau officials discussed what steps to take to throw Grassley and congressional investigators off the trail.

Grassley and Rep. Darrell Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform, are investigating who in Washington approved the program and why it was not shut down months before ATF ultimately halted it.

Grassley started asking questions in late January, when he received tips that two of the weapons found near Terry's body were Fast and Furious guns. He sent two letters to the ATF, saying "this raises a host of serious questions that the ATF needs to address immediately." He added that, if they were indeed Fast and Furious guns, then "the ATF may have become careless, if not negligent, in implementing" the program.

According to the internal emails, two days after Terry's killing on Dec. 14 the top two ATF field supervisors in Phoenix were openly discussing that Fast and Furious guns were found at the scene. George T. Gillett Jr., then the acting special agent in charge, sent his boss, William D. Newell, the agent in charge, a "narrative of incident/activity" about the death.

It said Jaime Avila bought three AK-47s a year earlier from a Phoenix-area store and two "were recovered in the area" of Terry's killing. "In summary," the email said, "Avila admitted to ATF agents that he straw purchased these firearms for an unidentified Hispanic male."

After Grassley's inquiries, Hoover received an internal email alerting him that the bureau was "receiving reports that Grassley's staff is contacting current and former ATF field agents to inquire about the open investigation into the Brian Terry murder" and Fast and Furious. According to one email, ATF officials believed that Grassley was growing more suspicious because "ATF is not answering" his concerns.

They seemed further alarmed when they learned a mid-level ATF supervisor "called to the carpet" an employee who had spoken with Grassley's staff. The employee "was ordered to write a memorandum disclosing everything" he told the senator's staff. The email said Grassley's office had expressed concern that the ATF supervisor may have violated federal laws intended to protect whistle-blowers.

As the agency continued to work on a written response to Grassley, an email to Hoover proposed a "watered-down" account of what was found at the site of the Terry killing. As an aside, the email added that Grassley was "at best imposing an unobtainable standard on ATF."

ATF finally sent Grassley a two-page response Feb. 4, under the signature of Assistant Atty. Gen. Ronald Weich. It largely defended the Fast and Furious program and devoted one paragraph to the Terry killing: The agency could not comment about "pending criminal investigations."

According to one email, it was sent with the approval of acting ATF Director Kenneth E. Melson. "He's good to go with it," it said.

Hoover praised the response. "Nice touch partner," the No. 2 man at ATF said about a colleague's work on the letter.

Indeed, several senior ATF and Justice Department officials dispatched emails congratulating one another. "You're a natural leader," one told Hoover. "The men and women are lucky you've stayed the course."

Whether Grassley and his staff would be satisfied with their response, they were left to wonder. As one official put it, "Whether or not they buy in, you are the man for supporting us like that."

DOCUMENTS: Read the emails

http://www.latimes.com/news/nationworld/nation/la-na-0722-fast-furious-emails,0,7717517,print.story

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From Google News

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Massachusetts

City Council wants community policing examined

by Dan McDonald

NEW BEDFORD — The City Council is floating the idea of bringing back community policing, a program that was eliminated more than two years ago.

In the past, community police officers have offered a direct conduit between neighborhoods and the department.

Such officers were embedded in a particular neighborhood, patrolling on bicycles at times and familiarizing themselves with problem areas and issues specific to certain neighborhoods.

On March 1, 2009, a budget squeeze resulted in 13 community police officers, who were visible in their districts, attended community meetings and visited schools, among other duties, returning to normal patrols.

Now, the council wants the notion of bringing back community policing examined. On Thursday night, the council approved asking Police Chief David Provencher to attend a Committee on Public Safety and Neighborhoods meeting to discuss the feasibility of community policing. Members of the city's various neighborhood associations will also be invited.

"This is something that is long overdue," Councilor Bruce Duarte Jr. said.

Councilor Debora Coelho said community policing is "something we never, ever should have gotten rid of."

Councilor Joseph P. Lopes said the community police officers "knew the neighborhoods, they knew the issues."

"We need to bring this back," Lopes said.

Councilor David Alves said he would like to bring the unit back, but questioned whether it was fiscally possible.

"It must be an election year. We're going to have cops everywhere," Alves said.

Alves said his top priority will be maintaining the force as it is. "I'd love to have additional officers directing traffic at church every Sunday, but we don't have the money," he said.

He added, "We have to face reality."

In other business, Councilor Linda M. Morad proposed the city bringing back volunteer auxiliary park police.

She said such positions would be helpful at large events that are held at the city's parks.

"Presence is a huge element in prevention," Morad said.

The auxiliary park police were negotiated out during contract talks between "prior administrations and the union," Councilor Denis Lawrence Jr. said.

"It all has to do with details," Lawrence said.

Lopes suggested that the union issue could be circumvented if the city created "park patrols."

In the past, park patrols, Lopes said, were not asked to do anything but notify the police if there was a problem.

http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20110722/NEWS/107220336/-1/NEWSMAP

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Pennsylvania

Community policing to start today

by Chris Stevens and Robin Kaminski / The Daily Item

LYNN - Beginning today, a community policing initiative is putting more officers on city streets, amidst a spike in violent crime this month.

Mayor Judith Flanagan Kennedy said residents and business owners alike should see an increase in police presence and interaction in and around downtown Lynn. The city received a federal grant for the second straight year to fund the additional patrols.

Kennedy said as of today there are new walking patrols in targeted city neighborhoods, parks and public spaces on Thursday, Friday and Saturday afternoons and nights.

"We want our officers out of their patrol cars, walking the beat, interacting with the general public and businesses," Kennedy said. "The goal is to reduce crime by connecting with the community on a personal level, getting to know citizens."

Kennedy also said she wants people to feel safe in their community by knowing officers are patrolling their streets on a more regular basis.

"It is vital to the program's success that we are able to continue funding for a second straight year," she added. "As people become increasingly aware and comfortable with the program, they will be more and more apt to interact with our officers, making them part of the crime solution."

Police Chief Kevin Coppinger said the timing of the $30,000 initiative couldn't be better, and with the rash of incidents over the last week, including two carjackings and two shootings, the need for more officers on the streets is paramount.

"With a spike in crime like we've had the last couple of weeks, we're responding to it and working to keep the pressure on gangs," he said. "The walking patrols will be in the residential areas and the business areas as well. That's part of the versatility of the initiative; we can use it as we see good."

The patrols will work in pairs for four-hour shifts at a time during the day and at night, on Thursday, Friday, and Saturday.

"However, some days we may have extra patrols on the streets; it will vary as well as the location they are assigned to based on the current trends on crime analysis," he said.

After the success of last year's initiative, Coppinger said the department's goal is to continue to build upon the accomplishments of the walking patrols.

In all, Coppinger said 2010 saw a 7 percent reduction in crime, thanks to two significant gang sweeps in May and October.

"Last summer was a quiet one for us with significant reductions in the crime rate, including burglaries and street robberies," he said. "We want to continue this trend as we look towards early 2012 when we hope to make these walking patrols a regular assignment when our new officers graduate the police academy."

Despite the current trend, Ward 5 City Councilor Brendan Crighton said he believes the community policing initiative will have an impact on crime.

"I think anytime you put more police on the street it's a significant deterrent to those who commit crime," he said. "I'm glad to see this is still going."

According to the United States Department of Justice, community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.

Councilor at large Paul Crowley called the initiative "a beautiful step in the right direction."

Crowley, who works downtown as the executive director of Greater Lynn Senior Services, said he applauds Kennedy for keeping a campaign promise and bringing the community policing back to the neighborhoods.

"It's not just a deterrent," he said. "It's a way to build a bridge between authorities and the people."

Crowley said having officers walking the streets builds a level a protection that officers haven't had the time or resources to do for years. Having officers meeting and greeting and keeping an eye on things, he believes, will not only make someone think twice about doing something foolish but will be much appreciated by the residents.

James Marsh, Director of Community Development, said his office was happy to continue to play its role in the effort by providing the necessary funding for its implementation.

"I am happy to announce we are able to implement this important community policing strategy here in Lynn again," Kennedy said.

http://www.itemlive.com/articles/2011/07/22/news/news01.txt

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North Carolina

Police thank community watch volunteers

by DARRICK IGNASIAK.

Community watch volunteers were thanked for going above and beyond their civic duty at a banquet Thursday night hosted by the Lexington Police Department.

Keynote speaker Tolly Carr and officers with the Lexington Police Department offered tips on how to prevent crime at an event Thursday to about 100 participants of Lexington's community watch program at the Lexington Police Training Center. Thirteen watch groups make up the city's community policing program.

Chief John Lollis repeated the goal of Lexington's community watch program — to prevent crime through police interaction and education with citizens. He said reducing the city's crime rate takes hard work and dedication by police officers and residents.

"It takes the help of citizens like each of you by participating in your local community watch group and committing to help watch out for your neighbors," Lollis said. "You are making a difference in your community."

Carr, the event's keynote speaker, is a former local television anchor who pleaded guilty to felony death by motor vehicle. After a night of drinking in March 2007, Carr got behind the wheel and veered off the road, hitting and killing pedestrian Casey Bokhoven. Carr served four months in the Forsyth County Jail in Winston-Salem before going to state prison to complete a two-year sentence.

He said those who return to their communities from being locked up are faced with tough decisions.

"You would be amazed what a word of encouragement could do. I hear it all the time that 'I've been thinking about you.' People who are back in your community need encouragement," Carr said.

Carr said his incarceration showed him that there can be good in all people. He said people make mistakes, but good can come from everyone.

Officer Victoria Young also served as one of the speakers at the event. While other police agencies have one or two officers assigned to crime prevention duties, each police officer with the Lexington Police department has crime prevention duties assigned to them, she said.

Young said police meet monthly with each community watch group. She said those interested in joining a community group should contact her or Lt. Melissa Price-Carter at 243-3302.

"I feel that it's working," Young said of the city's community watch program. "No one knows their neighborhood better than the people who live there."

Geneva Hayes and Dorothy Rowe, both members of the Carolina Avenue/Lincoln Park community watch group, said the police department's community watch program works.

"I can prove it works," Hayes said. "I have seen a lot of things happen out of it. A lot of people get discouraged because something doesn't happen right away. You've got to give (the police) time because some things they can't jump into. They've got to investigate. They always take care of it."

"I really thank the police department for having something like this for us," Rowe added. "They have been very helpful."

http://www.the-dispatch.com/article/20110721/NEWS/307219973/1005/sitemaps04?template=printart

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From the Department of Homeland Security

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Secretary Napolitano Releases Report Highlighting DHS Progress Fulfilling 9/11 Commission Recommendations

July 21, 2011

WASHINGTON—Seven years after the release of the 9/11 Commission report, Secretary of Homeland Security Janet Napolitano today released a Department of Homeland Security (DHS) report highlighting the significant progress that DHS, along with its many partners, have made in fulfilling specific recommendations by the 9/11 Commission to build a country that is stronger, safer and more resilient. Leading up to the 10th anniversary of the September 11th terrorist attacks, the report details advancements in strengthening and evolving the homeland security enterprise to better defend against evolving terrorist threats.

"Ten years after the September 11, 2001 attacks, America is stronger and more resilient than ever before, but threats from terrorism persist and challenges remain," said Secretary Napolitano. "Over the past decade, we have made great strides to secure our nation against a large attack or disaster, to protect critical infrastructure and cyber networks, and to engage a broader range of Americans in the shared responsibility for security. We recognize and thank the many men and women of DHS, all of our partners, and the law enforcement officers and emergency management professionals who work on the frontlines everyday protecting America, at home and abroad."

DHS and its many partners across the Federal government, public and private sectors, and communities across the country and around the world have worked since 9/11 to build a new homeland security enterprise to better mitigate and defend against dynamic threats, minimize risks, and maximize the ability to respond to and recover from attacks and disasters of all kinds. Together, these efforts have provided a strong foundation to protect communities from terrorism and other threats, while safeguarding the fundamental rights of all Americans.

Highlights from the DHS Progress Report Include:

Expanding Information Sharing
The United States' strengthened homeland security enterprise includes a number of critical features to expand and enhance information sharing with public and private sector partners that did not exist on 9/11, including 72 recognized state and major urban area fusion centers, which serve as focal points for the receipt, analysis, gathering, and sharing of threat-related information; the National Suspicious Activities Reporting Initiative, which trains state and local law enforcement to recognize behaviors and indicators related to terrorism, crime and other threats; the new National Terrorism Advisory System, which provides timely, detailed information about terrorist threats; and the "If You See Something Say Something™" campaign, which emphasizes the importance of reporting suspicious activity to the proper law enforcement authorities. Additionally, the United States participates in robust information sharing with international partners, facilitating the exchange of information about terrorists and criminals.

Developing and Implementing Risk-based Transportation Security Strategies
DHS has made significant advances in risk-based security since 9/11, focusing on intelligence-driven security across all transportation modes. This approach emphasizes pre-screening for passengers and cargo, while focusing resources on those who pose the greatest threat to the nation's transportation networks. Efforts include conducting baseline security assessments across the maritime, surface and aviation sectors; forging international consensus on historic new global aviation standards; collecting and analyzing advanced passenger and cargo information; and supporting risk-based state and local prevention efforts.

Strengthening Airline Passenger Pre-screening and Targeting Terrorist Travel
Ten years ago, screening of passengers coming to the United States was limited to the visa process and inspection of a person by an immigration officer at the port of entry. Provision of advance passenger information was voluntary. In response to both 9/11 and evolving threats, and with the help and support of Congress, DHS has significantly adapted and enhanced its ability to detect threats through a multi-layered, risk-based system. Today, DHS requires all airlines flying to the United States from foreign countries to provide Advance Passenger Information and Passenger Name Records prior to departure; checks 100 percent of passengers on flights flying to, from, or within the United States against government watchlists through its Secure Flight program; and has expanded trusted traveler programs, expediting travel for passengers who provide biometric identification and pass rigorous, recurrent security checks.

Enhancing Screening for Explosives
Prior to 9/11, limited federal security requirements existed for air cargo or baggage screening. Today all checked and carry-on baggage is screened for explosives. The capacity of frontline security personnel and new technologies also has significantly expanded to more than 52,000 TSA personnel serving on the frontlines at over 450 U.S. airports today. Through the Recovery Act and annual appropriations, TSA has accelerated the deployment of new technologies to detect the next generation of threats and through close partnerships with state and local law enforcement and the deployment of Visible Intermodal Prevention and Response (VIPR) Teams, which provide deterrent and detection capabilities, DHS helps prevent and disrupt potential attacks across all modes of transportation.

Protecting Cyber Networks and Critical Physical Infrastructure
DHS has made significant strides to enhance the security of the nation's critical physical infrastructure as well as its cyber infrastructure and networks through the National Cybersecurity Protection System, of which the EINSTEIN cyber intrusion detection system is a key component; the National Cybersecurity and Communications Integration Center, which serves as the nation's principal hub for organizing cyber response efforts; and a 2010 landmark memorandum of agreement between DHS and the Department of Defense to enhance America's capabilities to protect against threats to critical civilian and military computer systems and networks. DHS has also led the effort to design the National Infrastructure Protection Plan, a comprehensive risk management framework for all levels of government, private industry, nongovernmental entities and tribal partners and improved interoperability to ensure that emergency response providers can communicate during natural disasters and other catastrophic events.

Bolstering the Security of U.S. Borders and Identification Documents
Protecting the nation's borders—land, air, and sea—from the illegal entry of people, weapons, drugs, and contraband is vital to homeland security, as well as the nation's economic prosperity. Over the past several years, the Administration has deployed unprecedented levels of personnel, technology, and resources to the Southwest border, and made critical security improvements along the Northern and maritime borders. Additionally, DHS has taken significant steps to strengthen the security, reliability and accuracy of personal identification documents and reduce identity fraud while enhancing privacy safeguards, including fundamentally transforming the way citizens enter the United States through the Western Hemisphere Travel Initiative and preventing potential terrorist and criminal threats from coming to the United States through the Visa Security Program and other pre-departure initiatives.

Ensuring Robust Privacy and Civil Rights and Civil Liberties Safeguards
DHS builds privacy and civil rights and civil liberties protections into its operations, policies, programs, and technology deployments from the outset of their development. The DHS Privacy Office partners with every DHS component to assess policies, programs, systems, technologies and rule-makings for privacy risks, and recommends privacy protections and methods for handling personally identifiable information. DHS's Office for Civil Rights and Civil Liberties plays a key role in the Department's mission to secure the nation while preserving individual freedoms through the Civil Rights and Civil Liberties Impact Assessment process.

To view the Department's full report and related materials, please visit www.dhs.gov/9-11-progress-report.

Learn more about the Department's progress in:

http://www.dhs.gov/ynews/releases/20110721-napolitano-releases-9-11-progress-report.shtm

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FEMA Encourages Americans to Participate in September's National Preparedness Month

Eighth Annual National Preparedness Month in September: "A Time to Remember. A Time to Prepare," Encourages Americans to Take Simple Steps to Prepare for Emergencies

WASHINGTON, D.C. -- The Federal Emergency Management Agency's (FEMA) Ready Campaign, in partnership with Citizen Corps and the Ad Council, today announced the launch of new web tools that will make it easier for individuals and organizations throughout the nation to join the 2011 National Preparedness Month (NPM) coalition and pledge their support to help prepare their families, businesses and communities for emergencies of all kinds.

The eighth annual NPM will kickoff this September, using the slogan: "A Time to Remember. A Time to Prepare." The campaign seeks to transform awareness into action by encouraging all Americans to take the necessary steps to ensure that their homes, workplaces and communities are prepared for disasters and emergencies of all kinds.

"As we move forward with planning for this year's events and activities, we also recognize that this September marks the ten year anniversary of the 9/11 terrorist attacks," said FEMA Administrator Craig Fugate. "By doing what we can to ensure that our communities, and our nation, are prepared to respond and recover from all types of disasters and hazards, we honor the memory of those who were lost that day."

Individuals and groups can now register to become NPM coalition members by visiting community.fema.gov. Once registered, members have access to a toolkit that includes suggestions for activities and events, templates, articles, banners and customizable materials. Coalition members also have access to an events calendar allowing them to post and promote preparedness events, share success stories, and participate in national and regional discussion forums to engage with fellow coalition members and FEMA representatives.

By hosting events, promoting volunteer programs and sharing emergency preparedness information, coalition members can help ensure that their communities are prepared for emergencies. Becoming a coalition member is easy and free, so register now to get started. Nearly 2,000 coalition members have already joined this year's campaign.

While NPM is held each September, FEMA's Ready Campaign promotes individual emergency preparedness at home, in the workplace, and throughout America's communities throughout the year. Ready is a national campaign, produced in partnership with The Ad Council, designed to educate and empower Americans to prepare for and respond to all types of emergencies, including natural disasters and potential terrorist attacks.

The Ready Campaign's websites (ready.gov and listo.gov) and toll-free numbers ( 1-800-BE-READY and 1-888-SE-LISTO ) provide free emergency preparedness information and resources available in English and Spanish. Additionally, through FEMA's partnership with the Ad Council, public service announcements are available to increase the American public's involvement in preparedness.

Follow FEMA online at blog.fema.gov, www.twitter.com/fema, www.facebook.com/fema, and www.youtube.com/fema. Also, follow Administrator Craig Fugate's activities at www.twitter.com/craigatfema.

The social media links provided are for reference only.FEMA does not endorse any non-government websites, companies or applications.

FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

http://www.fema.gov/news/newsrelease.fema?id=56745

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From the Department of Justice

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Attorney General Holder, Secretary Duncan Announce Effort to Respond to School-to-Prison Pipeline by Supporting Good Discipline Practices

WASHINGTON – Attorney General Eric Holder and Secretary of Education Arne Duncan today announced the launch of the Supportive School Discipline Initiative, a collaborative project between the Departments of Justice and Education that will address the “school-to-prison pipeline” and the disciplinary policies and practices that can push students out of school and into the justice system. The initiative aims to support good discipline practices to foster safe and productive learning environments in every classroom.

“Ensuring that our educational system is a doorway to opportunity – and not a point of entry to our criminal justice system – is a critical, and achievable, goal,” said Attorney General Holder. “By bringing together government, law enforcement, academic, and community leaders, I'm confident that we can make certain that school discipline policies are enforced fairly and do not become obstacles to future growth, progress, and achievement.”

"Maintaining safe and supportive school climates is absolutely critical, and we are concerned about the rising rates and disparities in discipline in our nation's schools,” said Secretary Duncan. “By teaming up with stakeholders on this issue and through the work of our offices throughout the department, we hope to promote strategies that will engage students in learning and keep them safe.”

The goals of the Supportive School Discipline Initiative are to: build consensus for action among federal, state and local education and justice stakeholders; collaborate on research and data collection that may be needed to inform this work, such as evaluations of alternative disciplinary policies and interventions; develop guidance to ensure that school discipline policies and practices comply with the nation's civil rights laws and to promote positive disciplinary options to both keep kids in school and improve the climate for learning; and promote awareness and knowledge about evidence-based and promising policies and practices among state judicial and education leadership.

In order to implement the initiative, the two departments will coordinate with other organizations in the non-profit and philanthropic communities who are also working to help ensure students succeed by addressing inappropriate school discipline. These groups include the Council of State Governments and the National Council of Juvenile and Family Court Judges. The Supportive School Discipline Initiative will build upon the Department of Education's Office for Civil Rights' work to increase and enhance the school discipline data available through the Civil Rights Data Collection and the Departments' proactive efforts to ensure disciplinary policies support students and are administered in a non-discriminatory manner.

Attorney General Holder and Secretary Duncan announced this initiative during the quarterly meeting of the Coordinating Council on Juvenile Justice and Delinquency Prevention, whose membership includes representatives from 12 federal agencies and nine practitioners. The council coordinates federal juvenile justice and prevention programs to help better serve at-risk youth. A priority issue for the council is education and at-risk youth. More information on the Coordinating Council on Juvenile Justice is available at: www.juvenilecouncil.gov/index.html .

http://www.justice.gov/opa/pr/2011/July/11-ag-951.html

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Department of Justice Proposes Legislation to Help Tribes Combat Violence Against Native Women in Indian Country

WASHINGTON – Today the Department of Justice proposed legislation that would significantly improve the safety of women in American Indian tribal communities and allow federal and tribal law-enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes.

“The Obama Administration has placed a high priority on combating violence against women in tribal communities,” said Associate Attorney General Tom Perrelli. “We believe that enacting these targeted reforms would significantly improve the safety of women in tribal communities and allow federal and tribal law-enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes.”

The proposed legislation identifies three legal gaps that can be addressed through congressional action:

Recognizing certain tribes' power to exercise concurrent criminal jurisdiction over domestic-violence cases, regardless of whether the defendant is Indian or non-Indian.

Clarifying that tribal courts have full civil jurisdiction to issue and enforce protection orders involving any persons, Indian or non-Indian — confirming the intent of Congress in enacting the Violence Against Women Act of 2000.

Providing more robust federal sentences for certain acts of domestic violence in Indian Country: a 10-year offense for assaulting a spouse, intimate partner or dating partner by strangling, suffocating or attempting to strangle or suffocate; a five-year offense for assaulting a spouse, intimate partner or dating partner, resulting in substantial bodily injury; and a one-year offense for assaulting a person by striking, beating or wounding.

Violence against American Indian women occurs at epidemic rates. Research reveals that one-third of Native women will be raped during their lifetimes, and nearly 3 out of 5 have been assaulted by their spouses or intimate partners.

The introduction of legislation marks another step in the Justice Department's ongoing initiative to increase engagement, coordination and action on public safety in tribal communities. This effort is driven largely by input gathered from the department's 2009 Tribal Nations Listening Session, the department's annual tribal consultations on violence against women, and 2011 tribal consultations specifically addressing potential new legislation to improve safety for Native women.

Review the legislation and read Associate Attorney General Tom Perrelli's testimony before the Senate Committee on Indian Affairs, July 14, 2011.

http://www.justice.gov/opa/pr/2011/July/11-asg-955.html

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Associate Attorney General Tom Perrelli Speaks on Proposed Legislation to Combat Violence Against Native Women in Indian Country

Washington, D.C.

July 21, 2011

Thank you for joining the call today. I'm Tom Perrelli, the Associate Attorney General at the Justice Department. I'm joined by Kim Teehee, White House Senior Policy Advisor for Native American Affairs and Lynn Rosenthal, White House Advisor on Violence Against Women.

In anticipation of this year's reauthorization of the Violence Against Women Act, the Justice Department—as well as the White House and our partner agencies—have been engaging in comprehensive discussions and formal consultations with Indian tribes, about how best to protect Native women from violent crime—crime and domestic violence which we know has reach epidemic rates. But, I will let Lynn go into further detail later.

What we've learned is that, for a host of reasons, the current legal structure for prosecuting domestic violence in Indian country is not well-suited to combating this pattern of escalating violence.

To offer a snapshot:

Federal resources, which are often the only ones that can investigate and prosecute these crimes, are often far away and stretched thin.

Though tribal governments — police, prosecutors, and courts — should be essential parts of the response to these crimes, under current law, they lack the authority to address many of these crimes.

Until recently, no matter how violent the offense, tribal courts could only sentence Indian offenders to one year in prison. Under the landmark Tribal Law and Order Act of 2010, tribal courts can now sentence Indian offenders for up to three years per offense.

But, tribal courts have no authority at all to prosecute a non-Indian, even if he lives on the reservation and is married to a tribal member.

Tribal police officers who respond to a domestic-violence call, only to discover that the accused is non-Indian and therefore outside the tribe's criminal jurisdiction, often mistakenly believe they cannot even make an arrest. Not surprisingly, abusers who are not arrested are more likely to repeat, and escalate, their attacks. Research shows that law enforcement's failure to arrest and prosecute abusers both emboldens attackers and deters victims from reporting future incidents.

In short, the jurisdictional framework has left many serious acts of domestic violence and dating violence unprosecuted and unpunished.

Today, we are proposing legislation that would address three legal gaps that require immediate attention.

(1) Because the patchwork the patchwork of criminal jurisdiction in Indian Country has made it difficult for law enforcement and prosecutors to adequately address domestic violence— particularly misdemeanor domestic violence, this legislation would recognize certain tribes' power to exercise concurrent criminal jurisdiction over domestic-violence cases, regardless of whether the defendant is Indian or non-Indian. In line with the spirit of TLOA, this development would endow tribal nations with sufficient resources and authority to better address violence in their own communities.

(2) Second, our legislation would clarify that tribal courts have full civil jurisdiction to issue and enforce protection orders involving any persons, Indian or non-Indian.

(3) Third, our proposal would provide more robust Federal sentences for certain acts of domestic violence in Indian Country. We are proposing a one-year offense for assaulting a person by striking, beating, or wounding; a five-year offense for assaulting a spouse, intimate partner, or dating partner, resulting in substantial bodily injury; and a ten-year offense for assaulting a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate.

We believe that enacting reforms along these lines — dealing with tribal jurisdiction over crimes of domestic violence, tribal protection orders, and amendments to the Federal assault statute — would significantly improve the safety of women in tribal communities and would allow Federal and tribal law-enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes.

On a final note, many of you know that next week marks the 1-year anniversary of the Tribal Law and Order Act (TLOA). Next week, the Justice Department, the White House and our partner agencies will be hosting the National Intertribal Youth Summit in Sante Fe, NM for 150 tribal youth from around the country to engage directly with the administration about important issues in their communities. In addition, a number of Justice Department officials and U.S. Attorneys will be in South Dakota for a listening session and meetings in Indian Country. Please be in touch with Jessica Smith from my office to learn more.

http://www.justice.gov/iso/opa/asg/speeches/2011/asg-speech-110721.html

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“Project Delirium” Results in Nearly 2,000 Arrests During 20-Month Operation, Seizures of More Than 12 Tons of Drugs and $62 Million in U.S. Currency

WASHINGTON – Approximately 1,985 individuals have been arrested on narcotics-related charges as part of a 20-month multi-agency law enforcement investigation known as “Project Delirium,” which targeted the La Familia Michoacana drug cartel, the Department of Justice announced today.

As part of an ongoing takedown that began June 1, 2011, 221 individuals have been arrested across the United States as part of Project Delirium, including more than 70 individuals apprehended yesterday and today. In addition, $770,499 in U.S. currency, 635 pounds of methamphetamine, 118 kilograms of cocaine and 24 pounds of heroin were seized by law enforcement agents since June 1, 2011.

“Through coordinated and strategic efforts like Project Delirium, we are disrupting the operations of Mexican drug cartels in the United States and Mexico,” said Deputy Attorney General James Cole. “Today, we see drug traffickers operating in urban and rural communities alike. The arrests and seizures we are announcing today have stripped La Familia of its manpower, its deadly product and its profit, and helped make communities large and small safer. The department is determined to continue our aggressive efforts, along with our Mexican law enforcement partners, to diminish and ultimately eliminate the threat posed by these dangerous groups.”

“Through the Secretariat of Public Security, the Government of Mexico has seen increased results in their fight against the drug trafficking organizations,” said Mexico's Secretary of Public Security Genaro Garcia Luna. “Due to increased information sharing and collaboration with the DEA, these efforts have resulted in successful and significant arrests and seizures of drugs and money.”

“Project Delirium is the second successful, strategic and surgical strike to disrupt and destroy one of the most violent Mexican cartels, La Familia,” said Administrator Michele M. Leonhart of the U.S. Drug Enforcement Administration (DEA). “Through their violent drug trafficking activities, including their hallmark of supplying most of the methamphetamine imported into the United States, La Familia is responsible for recklessly and violently destroying countless lives on both sides of the border. The strong joint efforts with our Mexican and U.S. law enforcement partners are crippling this brutal organization by capturing its leaders, strangling its distribution networks, and relentlessly pursuing its members and those who facilitate them.”

“Law enforcement officials here in the U.S., in Mexico and all around the world are cooperating at unprecedented levels. There is a willingness - like never before - to work hand-in-hand to fight the cartels, the criminal enterprises and the violent gangs that threaten the peace and security of people on both sides of the border,” said John Morton, director of U.S. Immigration and Customs Enforcement (ICE).

“Investigations such as Project Delirium target the dangers these organizations pose to the United States and Mexico,” said Shawn Henry, FBI's executive assistant director of the Criminal, Cyber, Response, and Services Branch. “The FBI, together with our federal and international law enforcement partners, will continue to commit our resources to combat the threat posed by transnational criminal enterprises.”

Project Delirium is the result of information gathered during the course of a previous effort targeting La Familia, known as Project Coronado. To date, Project Delirium has led to the arrest of 1,985 individuals and the seizure of approximately $62 million in U.S. currency, and approximately 2,773 pounds of methamphetamine, 2,722 kilograms of cocaine, 1,005 pounds of heroin, 14,818 pounds of marijuana and $3.8 million in other assets.

As part of Project Delirium, arrests have been made or charges have been unsealed to date in the following districts: the Northern District of Alabama; the Central, Eastern and Southern Districts of California; the District of Colorado; the District of Columbia; the Northern District of Georgia; the District of Kansas; the Eastern District of Michigan; the District of Minnesota; the Eastern District of Missouri; the District of New Mexico; the Eastern and Western Districts of North Carolina; the Western District of Tennessee; and the Northern, Southern and Western Districts of Texas. On June 21, 2011, Mexican law enforcement arrested La Familia leader and Consolidated Priority Organizational Target (CPOT) Jose de Jesus Mendez-Vargas, aka “El Chango” or “The Monkey,” based on Mexican charges.

Individuals indicted in these cases are charged with a variety of crimes, including: conspiracy to distribute methamphetamine, cocaine and marijuana; distribution of methamphetamine, cocaine and marijuana; conspiracy to import narcotics into the United States; money laundering; and other violations of federal law. Numerous defendants face forfeiture allegations as well.

An indictment is merely an allegation and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The investigative efforts in Project Delirium were coordinated by the multi-agency Special Operations Division, comprised of agents and analysts from the DEA, FBI, ICE, Internal Revenue Service, U.S. Customs and Border Protection, U.S. Marshals Service, as well as attorneys from the Criminal Division's Narcotic and Dangerous Drug Section and Office of International Affairs. More than 300 federal, state, local and foreign law enforcement agencies contributed investigative and prosecutorial resources to Project Delirium through the Organized Crime Drug Enforcement Task Forces.

The department thanks the Government of Mexico and its Mexican law enforcement partners for their continued partnership and collaboration in the ongoing efforts to combat Mexican drug cartels.

http://www.justice.gov/opa/pr/2011/July/11-dag-954.html

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