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Archive for January 17th, 2011

Fed Prosecutors Claim Underwear Bomber’s “Standby Attorney” is Overstepping

Suspect Abdulmutallab/u.s. marshals photo

By Allan Lengel
ticklethewire.com

The case of the Christmas-day “underwear bomber” continues have its odd moments.

The U.S. Attorney’s Office in Detroit on Friday filed a motion saying that Anthony Chambers, the “standby attorney” representing defendant Umar Farouk Abdulmutalla, appears to be doing “too much.”

Abdulmutalla is representing himself and Chambers has been appointed his “standby attorney”, meaning he’s there to provide the defendant advice.

Chambers has asked that Abdulmutalla not be required to attend hearings. He has also asked for the files from attorneys at the Federal Defenders Office, who represented Abdulutalla until he fired them.

The government wants the judge to reject those requests, saying that if Abdulmutalla wants to represent himself, he should show up in court. They also said it is up to the defendant to ask for the files from his previous lawyers, not his standby attorney.

“It seems that defendant must choose between acting as his own attorney, and thus attending all court proceedings, or being represented and having the ability to waive his presence for procedural matters,” federal prosecutors wrote.

“However, on the current state of the record, there is no indication that defendant understands those choices, and therefore his presence should be required.”

Read Government’s Motion

OTHER STORIES OF INTEREST

Saltus Technologies – Regional Sales Manager

Saltus Technologies

Position Title: Law Enforcement Software – Regional Sales Manager
Position Type: Civilian


Closing Date: 11/25/2011


Job Description


Saltus Technologies is dedicated to developing and marketing mobile electronic ticketing solutions to law enforcement, government agencies and private industry. Founded by members of the digiTICKET management team, we bring with a heritage of mobile software development dating back to 1997. Our team has been developing mobile solutions for many years in a rewarding entrepreneurial environment. We are seeking individuals to support sales, business development, and product development for our digiTICKET electronic ticketing software. Our team excels in customer service and strives to “raise the bar” when solving problems and enhancing our software. We build strong customer relationships through quick response times and attention to detail. Are you ready to join us? Law Enforcement Software – Regional Sales Manager As we continue to grow, we are seeking a Software Sales professional to work closely with our sales team to develop a national territory through cold calling efforts, web-based meeting, and in-person sales calls. You must have demonstrated success selling software technology and cold calling along with strong business development, prospecting, and organizational skills. Excellent time and territory management skills required. Familiarity with the law enforcement market is an advantage for rapid progression in this role.
Additional Information


Benefits: In exchange for your hard work and dedication, we offer: • Competitive salary depending on experience • Working remotely • Continuous training • Medical coverage including health, dental, vision, life and disability insurance • Paid time off • High energy, professional work environment Plus, we work to maintain the best possible environment for our employees, where people can learn and grow with the company. We strive to provide a collaborative, creative environment where each person feels encouraged to contribute to our processes, decisions, planning and culture.
Job Requirements


  • Age NA
  • Education Bachelor’s degree
  • Experience 4-8 years sales experience with technology software
  • Additional Requirement :
    • Excellent communication skills and work history showing past initiative and an entrepreneurial spirit • 4-8 years sales experience with technology software preferably to law enforcement / public safety sectors • Bachelor’s degree, preferably in business or marketing or other related field • Experience working within public sector – preferably public safety • Proven track record of success in prospecting, cold calling, and closing new business • Inside sales experience (prospecting, cold calling, closing, and experienced leading web-based meetings and demonstrations) • Experience with customer relationship software such Salesforce.com or Microsoft CRM • Must be available to travel 35%-50% of the time • Experience with Microsoft Office Suite including Word, Excel, Outlook, PowerPoint
  • Salary Information


    Entry Level Salary: $60000   annual
    Contact Information


    Meghan Dougherty
    meghan_dougherty@administaff.com
    Saltus Technologies
    0000000
    Kansas City, Missouri 000000
    ph: (832)549-7106 begin_of_the_skype_highlighting            (832)549-7106

    Justice Dept. Atty– Indian Resources Section

    Department of Justice Seal

    VACANCY ANNOUNCEMENT
    U.S. DEPT. OF JUSTICE
    ENVIRONMENT AND NATURAL RESOURCES DIVISION
    INDIAN RESOURCES SECTION
    TRIAL ATTORNEY
    GS-12 TO GS-15
    OPEN: JANUARY 14, 2011
    CLOSE: FEBRUARY 15, 2011
    VACANCY ANNOUNCEMENT: ENRD-11-002-EXC


    About the Office: The Indian Resources Section, U.S. Department of Justice, Environment & Natural Resources Division, is seeking an experienced attorney for the position of Trial Attorney in Washington, DC. The Indian Resources Section represents the United States in its trust capacity in litigation pending in federal and state courts for the benefit of Indian tribes and individual Indians. These suits include establishing water rights, protecting hunting and fishing rights, remedying trespasses on Indian lands, and establishing reservation boundaries and rights to land. The litigation handled by the Indian Resources Section is of vital interest to Indian tribes and often addresses issues of first impression.

    Responsibilities and Opportunity Offered: Experience in water rights litigation and knowledge of Indian law and water law is highly desirable.

    Qualifications: Applicants must possess a J.D. degree; be duly licensed and authorized to practice as an attorney under the laws of a State, territory, or the District of Columbia, and have at least one year of post-J.D. legal experience.

    Travel: Periodic travel is required.

    Salary Information: Current salary and years of experience will determine the appropriate salary level. The possible salary range is GS-12 (74,872 – 97,333), GS-13 (89,033 – 115,742), GS-14 (105,211 – 136,771) and GS-15 (123,758 – 155,500) per annum.

    Location: Washington, DC

    Relocation Expenses: Relocation expenses will not be authorized.

    Submission Process and Deadline Date: Applications must be received by Monday
    February 14, 2011.

    Applicants must submit a current resume or OF-612 (Optional Application for Federal Employment) and writing sample to:

    U.S. Department of Justice, ENRD
    Indian Resources Section
    Attn: Gail Robinson
    P.O. Box 44378
    L’Enfant Plaza Station
    Washington, D.C. 20026-4378

    Applications sent via overnight delivery may be sent to:

    U.S. Department of Justice, ENRD
    Indian Resources Section
    Attn: Gail Robinson
    601 D Street, NW Room 3507
    Washington, DC 20004
    No telephone calls please

    Internet Sites: For more information about the Environment & Natural Resources Division, visit the Justice Department’s web site at: http://www.usdoj.gov/enrd.
    This and selected other legal position announcements can be found on the Internet at: http://www.usdoj.gov/oarm/attvacancies.html.

    Department Policies: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination based on color, race, religion, national origin, politics, marital status, disability, age, sex, sexual orientation, status as a parent, membership or nonmembership in an employee organization, or personal favoritism. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Only U.S. citizens are eligible for employment with the Executive Office for Immigration Review and the United States Attorneys’Offices. Unless otherwise indicated in a particular job advertisement, non-U.S. citizens may apply for employment with other organizations, but should be advised that appointments of non-U.S. citizens are extremely rare; such appointments would be possible only if necessary to accomplish the Department’s mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.

    There is no formal rating system for applying veterans’preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans’preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans’preference are encouraged to include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214 or other substantiating documents) to their submissions.

    Attorneys for FBI

    Department of Justice Seal

    UNITED STATES DEPARTMENT OF JUSTICE (DOJ)
    FEDERAL BUREAU OF INVESTIGATION
    EXPERIENCED ATTORNEYS GS 12-15


    About the Office:The Mission of the FBI is to protect the United States from foreign intelligence and terrorist activities; to investigate violations of federal criminal law; to provide leadership and law enforcement assistance to federal, state, local, and international agencies; and to perform these responsibilities in a manner that is responsive to the needs of the public and faithful to the Constitution of the United States. The FBI is the principal investigative arm of the DOJ and has investigative jurisdiction over violations of more than 200 categories of federal crimes. The FBI is also authorized to investigate matters where no prosecution is contemplated; for example, under the authority of several Executives Orders, the FBI conducts background security checks concerning nominees to sensitive government positions.

    Role of Counsel: Attorneys for the FBI provide comprehensive legal advice and counsel to the FBI personnel on both operational and administrative matters; and perform related legal services in a wide range of substantive areas including, but not limited to: national security law, criminal investigative law, privacy law, civil liberties, employment law and litigation, Federal tort claims, general civil litigation, administrative law, standards of conduct and compliance, forfeiture law, Freedom of Information and Privacy Acts law and litigation, criminal and civil discovery, science and technology law, employee discipline, equal employment opportunity, fiscal law, procurement and contracting, and general law.

    Opportunities Offered: Requirements for experience attorneys in a wide range of FBI legal practice areas arise through normal attrition, re-prioritization of mission, promotion of incumbent personnel and so forth. Vacancies remain open until filled. Personnel selected for employment will be offered a starting grade and step level commensurate with the level of experience in the practice area under consideration. Most applicants will be required to serve in a probationary status for up to two years. Experience in the following practice areas is particularly desirable:

    • National Security Law: Counterterrorism and counter-intelligence investigations and operations, Foreign Intelligence Surveillance Act surveillance and searches, weapons of mass destruction and counter proliferation, government sponsored cyber crime and espionage, protection of civil liberties, information dissemination, classified litigation, and national security legal policy and training.
    • Employment Law and Litigation: Legal representation in defense of the FBI before the Equal Employment Opportunity Commission and Merit Systems Protection Board (MSPB) in the administrative hearing process; coordination of the agencys defense with DOJ when such mattes are in federal, district or appellate court; provide advice to management concerning issues arising under Title VII, the Rehabilitation Act, the Age Discrimination in Employment Act, Family Medical Leave Act, disciplinary matters, hiring, termination and other personnel related decisions. (Note: In addition to the minimum requirements listed below, applicants for positions in this practice area must have prior litigation experience, with prior practice area in Title VII and MSPB preferred but not required.)
    • Civil Litigation: Legal representation in defense of the agency through all stages of litigation, service and receipt of process, depositions, brief preparation, discovery demands and responses, electronic discovery, tort litigation including constitutional tort actions, Freedom of Information and Privacy Act claims and litigation, and related fields.
    • Criminal Law: Criminal investigative operations, Title III applications, undercover operations, interrogation of witnesses and subjects, criminal procedure, rewards, use and operation of informants, federal juvenile law and procedure, forfeiture law and administration; domestic counterterrorism, discovery demand response, and related fields.
    • Science and Technology: Legal issues surrounding the Communications Assistance to Law Enforcement Act implementation, DNA, computer analysis, cyber crime, fingerprint and other forensic analyses: FCC rulemaking, petitions, and enforcement actions; authorized communication interception, and related fields.
    • Procurement and Contracting: Legal issues surrounding compliance with the Federal Acquisition Regulation; general procurement law including Federal socio-economic procurement policies such as Small Business set asides; memoranda of agreement; bid protest and contract dispute litigation; intellectual property licensing; IT system procurement, development, and implementation; and related fields.
    • General Law: Legal issues surrounding agency administration and authority; fiscal law and policy; regulation and legislation review and proposals; privacy and civil liberty protection; information access, protection, and dissemination; criminal justice information systems; standards of conduct and compliance; and related fields.

    Minimum Qualifications Required: Applicants must possess a J.D. degree, 1 year of experience (minimum), a solid academic background and be an active member of the bar (any jurisdiction).

    Salary Information: The possible salary range is GS 12 ($74,872 – $97,333) to GS 15 (123,758 – $155,500), which includes locality pay for the Washington, D.C., area. Salary offered shall be commensurate with the candidates qualifications and experience.

    Relocation Expenses: Relocation expenses are not authorized.

    Submission Process and Deadline Date: Applicants must be United States citizens and must consent to a complete background investigation, urinalysis, and a polygraph examination. All applicants are requested to note the practice areas for which they wish to be considered in the cover letter to their resume.

    For consideration, please submit a letter of interest, a current resume describing qualifications and experience, and a writing sample not to exceed ten pages, to:

    Ms. Elaine N. Lammert
    Deputy General Counsel
    Office of the General Counsel
    Room 7427
    935 Pennsylvania Avenue, N.W.
    Washington, D.C. 20535

    These positions are open until filled. Because of the current mail situation, it is recommended that applicants submit their information via facsimile at (202) 324-5366.

    The FBI is an Equal Opportunity/Reasonable Accommodation Employer. Except where provided by law, there will be no discrimination because of color, race, religion, national origin, politics, marital status, disability, age, sex, sexual orientation, status as a parent, membership or nonmembership in an employee organization or on the basis of personal favoritism. The Federal Bureau of Investigation welcomes and encourages applications from persons with physical and mental disabilities and will reasonably accommodate the needs of those persons. The FBI is firmly committed to satisfying its obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on a basis of merit within the FBI.

    The FBI is a drug-free workplace with standards in place regarding the timing of permissible drug use in the past. All candidates are required to successfully complete a background investigation for purposes of obtaining a Top Secret security clearance. Compliance with the FBI’s drug policy, as well as other matters relating the an applicants suitability for FBI employment will be verified by a pre-employment polygraph examination and a urinalysis test.

    Internet Site: For more information about the FBI, please visit our website at http://www.fbi.gov./ Other Department attorney vacancy announcements can be found at: http://www.usdoj.gov/oarm/attvacancies.html.

    Department Policies: Department Policies: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination based on color, race, religion, national origin, politics, marital status, disability, age, sex, sexual orientation, status as a parent, membership or nonmembership in an employee organization, or personal favoritism. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Only U.S. citizens are eligible for employment with the Executive Office for Immigration Review and the United States Attorneys Offices. Unless otherwise indicated in a particular job advertisement, non-U.S. citizens may apply for employment with other organizations, but should be advised that appointments of non-U.S. citizens are extremely rare; such appointments would be possible only if necessary to accomplish the Department’s mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. There is no formal rating system for applying veterans preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans preference are encouraged to include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214 or other substantiating documents) to their submissions.

    Happy MLK Day From ticklethewire.com

    stanford.edu photo

    “History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.”  Martin Luther King Jr.

    ***********

    “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” Martin Luther King Jr.

    stanford edu photo

    Constitutional Clause Causing Headaches for Justice Department in Probes on Capitol Hill

    exRep. Jefferson at sentencing in 2009 /Sketch by Art Lien/NBC News

    By Allan Lengel
    ticklethewire.com

    WASHINGTON — A 2007 court ruling saying FBI agents violated the Constitution when they raided the Congressional office of Rep. William J. Jefferson in 2006, appears to be haunting the Justice Department.

    Washington Post reporters Jerry Markon and R. Jeffrey Smith report that the 2007 ruling, based on the “speech or debate”clause ,   “has helped derail or slow several recent corruption investigations of lawmakers, according to court documents and sources.” The clause protects members of Congress who are conducting official business from some scrutiny or intrusion from the Justice Department.

    Ex-Rep. John Doolittle

    The Post reports that since the ruling “speech or debate challenges have killed an investigation of former representative Tom Feeney (R-Fla.), hampered probes of Rep. Peter J. Visclosky (D-Ind.) and former representative John T. Doolittle (R-Calif.), and slowed a pending corruption case against former representative Rick Renzi (R-Ariz.), sources familiar with those inquiries said.”

    In a 3 to 0 ruling, the U.S. Court of Appeals in D.C. ruled that FBI agents went too far in searching Jefferson’s office in May 2006 when they viewed paper documents before giving Jefferson an opportunity to say whether the material was connected to legislative activity, and consequently protected by the “speech or debate” clause. Jefferson lost his bid for re-election in 2008.

    And though he won a big pre-trial legal battle over the search of his office,  he went on to get convicted on 11 of 16 public corruption counts and was sentenced in Alexandria, Va. to 13 years in prison. He remains free pending an appeal.

    To read more click here.