Monday, May 27, 2013

Triumph Of A Lack Of Will

What Should Have Been Done, What Could Have Been Done, Who Would Have Done?

There are a number of questions regarding the Tamerlin Tsarnaev and Dzhohkar Tsarnaev, the   Boston Marathon Bombers, and what the United States Government knew before hand, what the response should have been, and what response there was.   What should the Federal Bureau of Investigation (FBI) done, what they should have done are, and what they did are, of course, three different questions.  Also of import is what, given the evidence, could the Department of Homeland Security (DHS) and its subsidiary agencies, done with an alien, a legal permanent resident, and a naturalized U.S. citizen, had the FBI found relevant information on the Tsarnaevs? As well as what information that was, what DHS could have done, what the DHS actually could do, and what DHS as a bureaucracy led by a cultural Marxist President and Secretary of DHS actually did.

The first question obviously is what did the FBI know and when did they know it.  Latest reports are that the Federal'naya sluzhba bezopasnosti Rossiyskoy Federatsii, better known as the FSB, the Federal Security Service, heir to the Cheka, GPU, OGPU, NKVD, and KGB, provided to the FBI only a vague allegation that Tamerlan Tsarnaev and Zubeidat Tsarnaev, his mother, were Islamic radicals.

Yahoo/Associated Press By Eileen Sullivan and Matt Apuzzo April 27, 2013

WASHINGTON (AP) — Russian authorities secretly recorded a telephone conversation in 2011 in which one of the Boston bombing suspects vaguely discussed jihad with his mother, officials said Saturday, days after the U.S. government finally received details about the call.
In another conversation, the mother of now-dead bombing suspect Tamerlan Tsarnaev was recorded talking to someone in southern Russia who is under FBI investigation in an unrelated case, officials said.

The conversations are significant because, had they been revealed earlier, they might have been enough evidence for the FBI to initiate a more thorough investigation of the Tsarnaev family.
As it was, Russian authorities told the FBI only that they had concerns that Tamerlan and his mother were religious extremists. With no additional information, the FBI conducted a limited inquiry and closed the case in June 2011.

Interestingly, AP asks but does not answer the most pertinent question, what would the FBI had done if they had known about the wiretap and other unidentified information provided by the FSB.

In the past week, Russian authorities turned over to the United States information it had on Tamerlan and his mother, Zubeidat Tsarnaeva. The Tsarnaevs are ethnic Chechens who emigrated from southern Russia to the Boston area over the past 11 years.
Even had the FBI received the information from the Russian wiretaps earlier, it's not clear that the government could have prevented the attack.

A very important question.  Too bad it was not addressed by the intrepid reporters.  But it is certain that had they address that question, it would have been spiked by an overtly Islamophilic editorial staff.  More likely the reporters would not even tried to report the truth.

The truth being there was little the FBI could have done, even less it would have done, and less it still been allowed to do.  FBI leadership under first Jorge Bush then Obama have drunk the proverbial Kool-Aid on Islamism and we get a lesson on the real attitude of the Associated Press as well.

WSJ/Associated Press March 8, 2012

A trip to a New Jersey mosque by a Federal Bureau of Investigation official was postponed Thursday, but the planned visit still underscored a rift between law enforcement agencies over the surveillance of Muslim groups.

Michael Ward, the head of the FBI in New Jersey, said the planned visit to a mosque in Paterson was meant to repair relations with local Muslim leaders amid the fallout from reported surveillance by the New York Police Department. The decision to postpone the visit was made by the mosque’s leaders.

The mosque has been identified as a target of NYPD surveillance in documents. A call seeking comment on the leaders’ decision to postpone the visit was not immediately returned.
Ward told reporters Wednesday that the NYPD’s monitoring had damaged the good relationships law enforcement officials had built in the local Muslim community since Sept. 11, 2001.

“When people pull back cooperation, it creates additional risks, it creates blind spots,” he said. “It hinders our ability to have our finger on the pulse of what’s going on around the state, and thus it causes problems and makes the job of the Joint Terrorism Task Force much, much harder.”

FBI management does not consider Islam the problem, so on first account, being Muslim is not a problem, becoming more adherent to Islam is not a problem.  What we have is the FBI not acknowledging there was even a problem.

It was a problem though.

The Sun April 29, 2013 by Ryan Parry

AN ex-girlfriend of dead Boston bomber Tamerlan Tsarnaev has told how he tried to brainwash her into becoming a Muslim fanatic who hated America.

Nadine Ascencao, 24, said Tamerlan made her wear an Islamic hijab and pray to Allah and slapped her when she wore Western clothes.

But she was so blindly in love with the handsome boxer who had taken her virginity, she did her utmost to make him happy…

She said: “One minute he’s this funny, normal guy who liked boxing and having fun, the next he is praying four times a day, watching Islamic videos and talking insane nonsense.

He became extremely religious and tried to brainwash me to follow Islam. Tamerlan said I couldn’t be with him unless I became a Muslim. He wanted me to hate America like he did.”

One can see the problem, and now we know that the FBI management was in denial.  But what could the FBI have done. 

First, it could have initiated a full investigation of Tamerlan Tsarnaev.  That means 24 hour surveillance by the FBI special surveillance teams, wiretaps on his telephones and even, possibly, a listening device planted inside his motor vehicles and apartment, as well as that of Dzhohkar Tsarnaev.  That, however, is the commitment of significant resources, too many resources for the vague nature of the FSB’s referral, even if they had provided the information from their own intercepts.  Perhaps something less, part-time surveillance, calling in the lesser trained U.S. Immigration and Customs Enforcement Special Victims Unit (ICE SVU formerly known as ICE Homeland Security Investigations) to assist, questioning associates, and other more mundane investigative efforts.  Unfortunately though there are many like the Tsarnaevs in the United States.   The FBI Counter-Terrorism Squads have their hands full of alien Muslim terrorists in the United States.  Even with Tamerlan Tsarnaev’s obvious intent, the FBI could not have allotted the resources necessary given the extent of the problem with terrorists that DHS is admitting into the United States.  In fact the Tsarnaevs are part of the problem, alien Muslim terrorists brought to the United States by the asylum/refugee system and normal immigration process.

Given resources though, the FBI inquiry in response to the FSB referral was a failure.  It needs to be called what it was.  At a minimum interviews of associates, and social media data mining should have been at the forefront, not a perfunctory interview of the subject, during which the subject apparently denied any association with or adherence to radicalism.  Undoubtedly the FBI did not ask about or care about his increasing religiousity.  According to local radio fellow gym members thought he was a terrorist and YouTube channel clearly outed him as a terrorist sympathizer and obviously proto-Islamist.  And Dzhohkar’s Facebook profile identified him as a radical Muslim.

But in the end, what would this knowledge result in?  Likely not much.  A limited investigation most likely would not have uncovered the bomb plot anyway, even if the FBI had known about his Islamisation, as of this writing.

But what of DHS?  It has two component agencies directly involved in this investigation; ICE SVU and U.S. Citizenship and Immigration Services (USCIS).  ICE SVU was apparently unaware or uninterested in the alien terrorist and a recently naturalized accomplice as is their wont.

Why that lack of interest?  First, ICE SVU is out of the immigration enforcement business.  ICE SVU’s arrest statistics have declined from a high of 54,000 in 2007 to 16,000 as of 2011.  A 70% decline.  ICE SVU does not do aliens.  It does child porn, and that is about it.  Even more ICE SVU has an unofficial but off stated to its Special Agents, “Don’t mess with asylees.”  Of which the Tsarnaev’s were asylees.  The brothers were Number 1 on the Do Not Disturb list of ICE SVU.

ICE SVU also had a more specific policy as well, hands off illegal alien students.  This policy provided Azamat Tazhayakov and Dias Kadyrbayev the opportunity to assist the Tsarnaevs after the fact.  The Tsarnaevs benefited from not only ICE SVU’s Catch and Release Program For Terrorists, but also benefited from another ICE SVU policy, allow the population of illegal aliens to grow, rather than decrease.  ICE SVU was creating the sea of Muslim illegal aliens in which the Tsarnaevs swum. The sea in which their Islamisation was ignored.   The sea in which they built and placed bombs.  Mao Tse-t’ung was quite adamant that a guerilla army to succeed needed a sympathetic population to use as concealment during operations, to provide supplies, and to provide recruits.  ICE SVU is now the, one hopes, unwitting partner of Islamic terrorism as the result of its non-feasance, something this blogger, with the help of VDare, identified and exposed as far back as 2009.  ICE SVU is allowing the sea in which Islamic terrorists operate to deepen, consequently easing the effort the Tsarnaevs and other Muslim terrorists need to make at concealment.  The illegal alien students who assisted, after the fact, are a direct result of ICE SVU’s policy of not arresting illegal aliens, especially students.
Which brings us to the other DHS agency involved in the Boston Bombing, USCIS.  USCIS, the benefit granting arm of DHS, claimed that they were holding up Tamerlin Tsarnaev’s naturalization application.  That is all well and good, but they were not doing anything else.  And that is just about all they allow themselves to do.  It appears that Tamerlin Tsarnaev’s naturalization application was referred to the USCIS Fraud Detection and National Security (FDNS) section, which is charged with the identification of fraud in USCIS benefits programs.  One of the options FDNS has is to delay naturalization applications by those under suspicion of serious crimes or terrorism, but usually cannot deny those applications because of weak laws directed against seditious aliens and a policy of making little or no effort in that area. Their investigative efforts are likewise hampered by the failure of the Attorney General and the various United States Attorneys in each judicial district, to prosecute even when USCIS finds  criminal activity and fraud. USCIS because of their own failure to aggressively pursue fraud and other misconduct by aliens and the failure of other government agencies, can generally only delay while other agencies investigate, such as the FBI. 

Which begs the question, who asked them to delay the naturalization?  The FBI?  The FBI closed their investigation.  The CIA?  Not ICE SVU for certain.  Who?  That is an interesting question as USCIS does not delay naturalization applications except by request.  One wonders with the connection that Steve Sailer identified between the Tsarnaev family and the CIA.

And it is of interest for two reasons.  First, there is not much USCIS could do, and what they could do, their management does not want them to do.  Second, while terrorists can be arrested, have their residency status revoked, and deported.  That is the theory.  But to do that, at least some evidence is needed.  Because of a lack of aggressiveness, USCIS fears bringing cases to the leftist hearing officers in the Executive Office for Immigration Review, and a hostile Federal judiciary.  Consequently talking about going on a walkabout jihad in Palestine, trolling jihadist websites, filling up your YouTube account with Islamist terrorist videos, and fanatical religious beliefs, as well as assaulting your girlfriend without a criminal conviction, are not grounds for denial of citizenship, much less deportation.  Despite the fact that all of that behavior is either illegal, immoral, seditious or treasonous.  Not to mention just undesirable in an immigrant and prospective citizen.  And certainly evidence of a lack of good moral character, which, by the way, is a requirement for naturalization. 

But according to the left and the courts, immigrants have a right to express hatred of the United States, threaten our existence, and burn for revenge against Christendom, but nothing can be done unless they actually do something or get convicted of something.  Hatred of America is not enough.  Treasonous thoughts and speech is not enough.  Seditious speech is not enough.  Beating your girlfriend is not enough.  Having a girlfriend while married is not enough.

Except that such behavior can be a deportable offense, see the Immigration and Nationality Act, section 237 - General Classes Of Deportable Aliens:

(4) Security and related grounds.-
(A) In general.-Any alien who has engaged, is engaged, or at any time after admission engages in-
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is deportable.

In fact, it can be done.  However, ICE SVU and USCIS don’t enforce this clause of an Act of Congress.  USCIS and ICE SVU are quite keen on picking and choosing among the laws they enforce.  Due in most part to infiltration by the radical left.  Or, USCIS and ICE SVU at least don’t consider Islamic snuff videos and jihad against the West to be violations worthy of their attention.  They could, but they don’t want to.  USCIS and ICE SVU will, however, work hard to make gang membership a reason for asylum.  Section 4 (A) is much more difficult to enforce for USCIS and ICE SVU.  It is much easier to deport German homeschoolers.  But USCIS does not want to deal with asylum fraud, except the straight, white, Christian ones.  It certainly will not push to deport Muslims who openly hate America.  Nor can it even, in the end, deny them naturalization. There is no rule that says we can deny naturalization to those who hate us.  That, however, is thanks to Congress.  The law certainly could be stricter, and, as always, responsibility falls with the Legislative Branch, but given John Boehner, the question is mote.

But back to the original questions.  What could the FBI and DHS done?  First, and always, not add to the problem.  The immigration system is broken, but not because we don’t let in enough welfare recipients as Marco Rubio thinks, but because we let in too many aliens.  Correspondingly, we also let in too many of the wrong aliens, the Tamerlin Tsarnaev and Dzhohkar Tsarnaevs of the world.  Too many of these types overwhelm the FBI.  Furthermore, a cultural Marxist President, Attorney General, and Secretary of DHS, ensure that any effort to protect the country is thwarted in its infancy.  Insufficient laws furthermore enfeeble any Executive willing to act.  It is a perfect storm of failure, bureaucratic inertia, and open hostility to the Republic.  

And it will be its downfall. 

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