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Her work for KQED’s radio and online audiences is also carried on NPR and other national outlets. She has been recognized with awards from the Radio and Television News Directors Association, the Society for Professional Journalists; the Education Writers Association; the Best of the West and the National Federation of Community Broadcasters. Before joining KQED in 2010, Tyche spent more than a dozen years as a newspaper reporter, notably at the \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">San Francisco Chronicle\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">. At different times she has covered criminal justice, government and politics and urban planning. Tyche has taught in the MFA Creative Writing program at the University of San Francisco and at UC Berkeley’s Graduate School of Journalism, where she was co-director of a national immigration symposium for professional journalists. She is the author of \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">The Wind Doesn't Need a Passport: Stories from the U.S.-Mexico Borderlands\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\"> (University of California Press). \u003c/span>","avatar":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twitter":"tychehendricks","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]}],"headData":{"title":"Tyche Hendricks | KQED","description":"KQED Senior Editor, Immigration","ogImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/tychehendricks"},"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1591205172","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"jrodriguez":{"type":"authors","id":"11690","meta":{"index":"authors_1591205172","id":"11690","found":true},"name":"Joe Fitzgerald Rodriguez","firstName":"Joe","lastName":"Fitzgerald Rodriguez","slug":"jrodriguez","email":"jrodriguez@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Reporter and Producer","bio":"Joe Fitzgerald Rodriguez is a reporter and digital producer for KQED covering politics. Joe most recently wrote for the \u003cem>San Francisco Examiner\u003c/em> as a political columnist covering The City. He was raised in San Francisco and has spent his reporting career in his beloved, foggy, city by the bay. Joe was 12-years-old when he conducted his first interview in journalism, grilling former San Francisco Mayor Willie Brown for the Marina Middle School newspaper, \u003cem>The Penguin Press, \u003c/em>and he continues to report on the San Francisco Bay Area to this day.","avatar":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g","twitter":"FitztheReporter","facebook":null,"instagram":"https://www.instagram.com/fitzthereporter/","linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Joe Fitzgerald Rodriguez | KQED","description":"Reporter and Producer","ogImgSrc":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/2247beb0564c1e9c62228d5649d2edac?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jrodriguez"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11863022":{"type":"posts","id":"news_11863022","meta":{"index":"posts_1591205157","site":"news","id":"11863022","score":null,"sort":[1614885651000]},"guestAuthors":[],"slug":"sf-corruption-saga-under-nurus-oversight-garbage-company-recology-overcharged-ratepayers-95-million","title":"SF Corruption Saga: Under Nuru's Oversight, Garbage Company Recology Overcharged Ratepayers $95 Million","publishDate":1614885651,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Since 2017, San Francisco's garbage company, Recology, has overcharged ratepayers to the tune of $94.5 million.\u003c/p>\n\u003cp>Now they're going to pay it back — and then some.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"San Francisco City Attorney Dennis Herrera\"]'With this legal action, we are making San Francisco ratepayers whole and sending a clear message that cozying up to regulators won’t be tolerated.'[/pullquote]\u003c/p>\n\u003cp>That’s according to the San Francisco City Attorney’s Office, which on Thursday announced it had reached a settlement agreement with Recology, and will also file a lawsuit against the company in San Francisco Superior Court to make the agreement legally binding. The garbage rate overcharge revelation comes from an ongoing public integrity investigation conducted by the City Attorney's Office and City Controller Ben Rosenfield.\u003c/p>\n\u003cp>Recology's rates went up in 2017 under the oversight of former Public Works Director Mohammed Nuru, who federal authorities accused of accepting bribes from the company at roughly the same time the increases occurred. San Francisco City Attorney Dennis Herrera said Recology reported its incorrect accounting rates to Nuru in 2018, but Nuru did not follow up on the report.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"With this legal action, we are making San Francisco ratepayers whole and sending a clear message that cozying up to regulators won’t be tolerated,” Herrera said in a statement. “Mohammed Nuru may have had his challenges keeping the streets clean, but he clearly excelled at cronyism, slush funds, and indifferent oversight.\"\u003c/p>\n\u003cp>Under the settlement agreement, Recology will pay back some $95 million to ratepayers. It will also make a $7 million payment to the city, bumping its total tab to over $100 million.\u003c/p>\n\u003cp>The average residential ratepayer, billed between July 2017 and June 2021, will get back about $190, Herrera said. Some 160,000 San Francisco ratepayers annually were affected by the improper rate increases.\u003c/p>\n\u003cp>Recology will repay its current customers by Sept. 1, the company said in a statement. Payments to former customers will be made on a \"rolling basis,\" and the company will be required to perform outreach to locate them.\u003c/p>\n\u003cp>The company will also lower its garbage rates by about 6.8% starting April 1, as part of the deal.\u003c/p>\n\u003cp>\"The ramifications of our work with the City Attorney on this investigation are not abstract — there are real financial consequences for San Franciscans,” Controller Rosenfield said in a statement. \"It’s only right that our residents are repaid for the unjustified rates they were charged, but going forward we need stronger regulations that leave no room for systemic problems to occur.\"\u003c/p>\n\u003cp>Recology will also be barred, under the agreement, from making any gifts to any city employees or any contribution to nonprofits if directed by a city employee, according to the city attorney.\u003c/p>\n\u003cp>\"We value our customers, and making them whole for this mistake is our top priority,\" Recology CEO Sal Coniglio said in a statement Thursday. \"As soon as we learned of the mistake, we took immediate action.\"\u003c/p>\n\u003cp>Herrera's office also alleges that Recology and its affiliated companies — Sunset Scavenger Company and Golden Gate Disposal & Recycling Company — regularly gave gifts of money, meals and accommodations to city employees to influence decisions.\u003c/p>\n\u003cp>Also on Thursday, Supervisor Aaron Peskin announced plans to form a task force to determine next steps for Recology, which may include recommendations for the city to eventually take over the company and perform its own garbage collection. Peskin said he plans to officially start the process of forming the group — to be composed of labor leaders, public officials and other experts — at the San Francisco Board of Supervisors meeting next Tuesday.\u003c/p>\n\u003cp>\"We all owe the city attorney a debt of gratitude for doing his job rooting out fraud and corruption,\" Peskin said. \"But it still leaves a big public policy question\" of how to regulate Recology to prevent further rate fiascos.\u003c/p>\n\u003cp>\"This is not like, 'Uh shit, we just realized we had a problem in our billing system that was inadvertently charging people $100 million over four years.' They knew it, and we now know they knew it,\" he said.\u003c/p>\n\u003cp>Running Recology like a local utility could help the city better coordinate across departments to meet its zero-waste goals, Peskin added.\u003c/p>\n\u003cp>\"There's one thing you could say about Recology — their service is actually pretty darn good,\" he said.\u003c/p>\n\u003cp>Any changes to the relationship between Recology and the city may need to be approved by voters, but Peskin said he's prepared to introduce a ballot measure next year should the task force recommend it.\u003c/p>\n\u003cp>This is the latest fallout in the \u003ca href=\"https://www.kqed.org/news/11855352/sf-mayor-breed-names-replacement-for-city-administrator-marred-by-scandal\">ever-expanding San Francisco public corruption scandal\u003c/a>, which now spans a civil investigation by the city attorney and a criminal investigation by the FBI and U.S. attorney's office. Four city department heads have either been removed or stepped down in the ensuing scandal, including Nuru.\u003c/p>\n\u003cp>And last year, San Francisco Mayor London Breed threw herself into the fray \u003ca href=\"https://www.kqed.org/news/11801734/sf-mayor-breed-reveals-she-once-dated-mohammed-nuru-received-gift-from-him\">after publicly admitting\u003c/a> she had let Nuru — who she once dated — repair her old car as a gift, a job valued at about $5,600.\u003c/p>\n\u003ch3>How It Happened\u003c/h3>\n\u003cp>So how did Recology's overcharges happen in the first place?[aside label=\"related coverage\" tag=\"san-francisco-corruption\"]\u003c/p>\n\u003cp>Garbage rates are set through a rate-making process originally established in the city's 1932 charter. It gives the city the right to determine how much Recology can charge.\u003c/p>\n\u003cp>Until his downfall, Nuru was the man tasked with recommending garbage rates to the city, but his recommendations were also garbage, the city essentially said on Thursday. Nuru was \u003ca href=\"https://www.kqed.org/news/11798447/sf-public-works-director-mohammed-nuru-arrested-by-fbi\">arrested by federal authorities \u003c/a>in January 2020 on corruption charges. Among the many allegations against him, he was accused of accepting bribes from Recology through a baseball charity: Lefty O'Doul's Foundation for Kids.\u003c/p>\n\u003cp>According to federal charging documents, Recology sent a $5,000 \"holiday donation\" on Dec. 5, 2016 to the foundation, whose purported goal was to provide equipment to youth baseball teams. But, in a scheme\u003ca href=\"https://www.sfexaminer.com/news-columnists/lefty-odouls-charity-used-city-contractor-donations-to-pay-for-public-works-party/\"> first revealed by the San Francisco Examiner\u003c/a>, and later referenced by the U.S. attorney's office, that money was allegedly spent throwing lavish holiday parties for San Francisco government officials under the direction of Nuru.\u003c/p>\n\u003cp>That same month, Recology submitted its 2017 rate application increase to Nuru.\u003c/p>\n\u003cp>By May 2017, Nuru recommended raising San Francisco's garbage rates by 14%.\u003c/p>\n\u003cp>\"I believe that the costs submitted by Recology and adjusted by The City accurately reflect the cost of providing refuse collection and disposal services to San Francisco ratepayers,” Nuru said in a statement that year.\u003c/p>\n\u003cp>That rate increase can be appealed, per the 1932 agreement with Recology, to a three-person Refuse Rate Board. Two of the members of the Refuse Rate Board are Harlan Kelly and Naomi Kelly, a husband and wife who were formerly the city's Public Utilities Commission general manager and city administrator. Both Kelly's stepped down from their roles after becoming embroiled in the city's corruption scandal, with Harlan Kelly facing corruption-related charges by the U.S. attorney's office.\u003c/p>\n\u003cp>Fast forward to the 2017 holiday party for city officials, when Recology donated $15,000 to Lefty O'Doul's Foundation for Kids, upping the number from 2016.\u003c/p>\n\u003cp>By 2018, at roughly the same time of year, that donation increased to $20,000. That same year, Recology disclosed a \"revenue error\" to the city — an omission of revenues, that if used in the rate-making process would have led to a 7% increase, rather than 14% increase. But Nuru never corrected the error.\u003c/p>\n\u003cp>Those garbage rates shocked San Franciscans.\u003c/p>\n\u003cp>“My first reaction was, ‘Oh, my gosh!’ ” Chris Faust, a middle school science teacher, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Jump-in-SF-garbage-bills-shocks-multiunit-11824832.php\">told the San Francisco Chronicle\u003c/a> at the time, after learning that his garbage bill had increased from $42.40 a month to $61.30. Other residents called new fees associated with the rate increase \"ludicrous.\"\u003c/p>\n\u003cp>The donations from Recology to the Lefty O'Doul's charity were requested by Paul Fredrick Giusti, a former Recology executive, \u003ca href=\"https://www.justice.gov/usao-ndca/pr/san-francisco-trash-company-executive-charged-bribing-company-s-chief-san-francisco\">the U.S. attorney's office alleged\u003c/a> in November last year.\u003c/p>\n\u003cp>Federal authorities ultimately charged Giusti with laundering $1 million in bribes to nonprofits at the behest of Nuru.\u003c/p>\n\u003cp>\"This is an appalling case for our residents and businesses who have been overpaying their trash rates for years,\" Mayor Breed said in a statement Thursday. \"The good news is that thanks to the City Attorney, they will be getting that money back now. Not only will this make a difference for people who are struggling in this moment, but also it sends a message to everyone — from the corporations and city contractors doing business with the City to the individuals working on the City’s behalf — that we will hold everyone accountable.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Bay City News contributed to this report. \u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The San Francisco City Attorney’s Office on Thursday announced it had reached a settlement agreement with the company to repay the overcharges, and will also file a subsequent lawsuit against the company in San Francisco Superior Court.\r\n","status":"publish","parent":0,"modified":1614902743,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1500},"headData":{"title":"SF Corruption Saga: Under Nuru's Oversight, Garbage Company Recology Overcharged Ratepayers $95 Million | KQED","description":"The San Francisco City Attorney’s Office on Thursday announced it had reached a settlement agreement with the company to repay the overcharges, and will also file a subsequent lawsuit against the company in San Francisco Superior Court.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF Corruption Saga: Under Nuru's Oversight, Garbage Company Recology Overcharged Ratepayers $95 Million","datePublished":"2021-03-04T19:20:51.000Z","dateModified":"2021-03-05T00:05:43.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11863022 https://ww2.kqed.org/news/?p=11863022","disqusUrl":"https://ww2.kqed.org/news/2021/03/04/sf-corruption-saga-under-nurus-oversight-garbage-company-recology-overcharged-ratepayers-95-million/","disqusTitle":"SF Corruption Saga: Under Nuru's Oversight, Garbage Company Recology Overcharged Ratepayers $95 Million","path":"/news/11863022/sf-corruption-saga-under-nurus-oversight-garbage-company-recology-overcharged-ratepayers-95-million","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Since 2017, San Francisco's garbage company, Recology, has overcharged ratepayers to the tune of $94.5 million.\u003c/p>\n\u003cp>Now they're going to pay it back — and then some.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'With this legal action, we are making San Francisco ratepayers whole and sending a clear message that cozying up to regulators won’t be tolerated.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"San Francisco City Attorney Dennis Herrera","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That’s according to the San Francisco City Attorney’s Office, which on Thursday announced it had reached a settlement agreement with Recology, and will also file a lawsuit against the company in San Francisco Superior Court to make the agreement legally binding. The garbage rate overcharge revelation comes from an ongoing public integrity investigation conducted by the City Attorney's Office and City Controller Ben Rosenfield.\u003c/p>\n\u003cp>Recology's rates went up in 2017 under the oversight of former Public Works Director Mohammed Nuru, who federal authorities accused of accepting bribes from the company at roughly the same time the increases occurred. San Francisco City Attorney Dennis Herrera said Recology reported its incorrect accounting rates to Nuru in 2018, but Nuru did not follow up on the report.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"With this legal action, we are making San Francisco ratepayers whole and sending a clear message that cozying up to regulators won’t be tolerated,” Herrera said in a statement. “Mohammed Nuru may have had his challenges keeping the streets clean, but he clearly excelled at cronyism, slush funds, and indifferent oversight.\"\u003c/p>\n\u003cp>Under the settlement agreement, Recology will pay back some $95 million to ratepayers. It will also make a $7 million payment to the city, bumping its total tab to over $100 million.\u003c/p>\n\u003cp>The average residential ratepayer, billed between July 2017 and June 2021, will get back about $190, Herrera said. Some 160,000 San Francisco ratepayers annually were affected by the improper rate increases.\u003c/p>\n\u003cp>Recology will repay its current customers by Sept. 1, the company said in a statement. Payments to former customers will be made on a \"rolling basis,\" and the company will be required to perform outreach to locate them.\u003c/p>\n\u003cp>The company will also lower its garbage rates by about 6.8% starting April 1, as part of the deal.\u003c/p>\n\u003cp>\"The ramifications of our work with the City Attorney on this investigation are not abstract — there are real financial consequences for San Franciscans,” Controller Rosenfield said in a statement. \"It’s only right that our residents are repaid for the unjustified rates they were charged, but going forward we need stronger regulations that leave no room for systemic problems to occur.\"\u003c/p>\n\u003cp>Recology will also be barred, under the agreement, from making any gifts to any city employees or any contribution to nonprofits if directed by a city employee, according to the city attorney.\u003c/p>\n\u003cp>\"We value our customers, and making them whole for this mistake is our top priority,\" Recology CEO Sal Coniglio said in a statement Thursday. \"As soon as we learned of the mistake, we took immediate action.\"\u003c/p>\n\u003cp>Herrera's office also alleges that Recology and its affiliated companies — Sunset Scavenger Company and Golden Gate Disposal & Recycling Company — regularly gave gifts of money, meals and accommodations to city employees to influence decisions.\u003c/p>\n\u003cp>Also on Thursday, Supervisor Aaron Peskin announced plans to form a task force to determine next steps for Recology, which may include recommendations for the city to eventually take over the company and perform its own garbage collection. Peskin said he plans to officially start the process of forming the group — to be composed of labor leaders, public officials and other experts — at the San Francisco Board of Supervisors meeting next Tuesday.\u003c/p>\n\u003cp>\"We all owe the city attorney a debt of gratitude for doing his job rooting out fraud and corruption,\" Peskin said. \"But it still leaves a big public policy question\" of how to regulate Recology to prevent further rate fiascos.\u003c/p>\n\u003cp>\"This is not like, 'Uh shit, we just realized we had a problem in our billing system that was inadvertently charging people $100 million over four years.' They knew it, and we now know they knew it,\" he said.\u003c/p>\n\u003cp>Running Recology like a local utility could help the city better coordinate across departments to meet its zero-waste goals, Peskin added.\u003c/p>\n\u003cp>\"There's one thing you could say about Recology — their service is actually pretty darn good,\" he said.\u003c/p>\n\u003cp>Any changes to the relationship between Recology and the city may need to be approved by voters, but Peskin said he's prepared to introduce a ballot measure next year should the task force recommend it.\u003c/p>\n\u003cp>This is the latest fallout in the \u003ca href=\"https://www.kqed.org/news/11855352/sf-mayor-breed-names-replacement-for-city-administrator-marred-by-scandal\">ever-expanding San Francisco public corruption scandal\u003c/a>, which now spans a civil investigation by the city attorney and a criminal investigation by the FBI and U.S. attorney's office. Four city department heads have either been removed or stepped down in the ensuing scandal, including Nuru.\u003c/p>\n\u003cp>And last year, San Francisco Mayor London Breed threw herself into the fray \u003ca href=\"https://www.kqed.org/news/11801734/sf-mayor-breed-reveals-she-once-dated-mohammed-nuru-received-gift-from-him\">after publicly admitting\u003c/a> she had let Nuru — who she once dated — repair her old car as a gift, a job valued at about $5,600.\u003c/p>\n\u003ch3>How It Happened\u003c/h3>\n\u003cp>So how did Recology's overcharges happen in the first place?\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"san-francisco-corruption"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garbage rates are set through a rate-making process originally established in the city's 1932 charter. It gives the city the right to determine how much Recology can charge.\u003c/p>\n\u003cp>Until his downfall, Nuru was the man tasked with recommending garbage rates to the city, but his recommendations were also garbage, the city essentially said on Thursday. Nuru was \u003ca href=\"https://www.kqed.org/news/11798447/sf-public-works-director-mohammed-nuru-arrested-by-fbi\">arrested by federal authorities \u003c/a>in January 2020 on corruption charges. Among the many allegations against him, he was accused of accepting bribes from Recology through a baseball charity: Lefty O'Doul's Foundation for Kids.\u003c/p>\n\u003cp>According to federal charging documents, Recology sent a $5,000 \"holiday donation\" on Dec. 5, 2016 to the foundation, whose purported goal was to provide equipment to youth baseball teams. But, in a scheme\u003ca href=\"https://www.sfexaminer.com/news-columnists/lefty-odouls-charity-used-city-contractor-donations-to-pay-for-public-works-party/\"> first revealed by the San Francisco Examiner\u003c/a>, and later referenced by the U.S. attorney's office, that money was allegedly spent throwing lavish holiday parties for San Francisco government officials under the direction of Nuru.\u003c/p>\n\u003cp>That same month, Recology submitted its 2017 rate application increase to Nuru.\u003c/p>\n\u003cp>By May 2017, Nuru recommended raising San Francisco's garbage rates by 14%.\u003c/p>\n\u003cp>\"I believe that the costs submitted by Recology and adjusted by The City accurately reflect the cost of providing refuse collection and disposal services to San Francisco ratepayers,” Nuru said in a statement that year.\u003c/p>\n\u003cp>That rate increase can be appealed, per the 1932 agreement with Recology, to a three-person Refuse Rate Board. Two of the members of the Refuse Rate Board are Harlan Kelly and Naomi Kelly, a husband and wife who were formerly the city's Public Utilities Commission general manager and city administrator. Both Kelly's stepped down from their roles after becoming embroiled in the city's corruption scandal, with Harlan Kelly facing corruption-related charges by the U.S. attorney's office.\u003c/p>\n\u003cp>Fast forward to the 2017 holiday party for city officials, when Recology donated $15,000 to Lefty O'Doul's Foundation for Kids, upping the number from 2016.\u003c/p>\n\u003cp>By 2018, at roughly the same time of year, that donation increased to $20,000. That same year, Recology disclosed a \"revenue error\" to the city — an omission of revenues, that if used in the rate-making process would have led to a 7% increase, rather than 14% increase. But Nuru never corrected the error.\u003c/p>\n\u003cp>Those garbage rates shocked San Franciscans.\u003c/p>\n\u003cp>“My first reaction was, ‘Oh, my gosh!’ ” Chris Faust, a middle school science teacher, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Jump-in-SF-garbage-bills-shocks-multiunit-11824832.php\">told the San Francisco Chronicle\u003c/a> at the time, after learning that his garbage bill had increased from $42.40 a month to $61.30. Other residents called new fees associated with the rate increase \"ludicrous.\"\u003c/p>\n\u003cp>The donations from Recology to the Lefty O'Doul's charity were requested by Paul Fredrick Giusti, a former Recology executive, \u003ca href=\"https://www.justice.gov/usao-ndca/pr/san-francisco-trash-company-executive-charged-bribing-company-s-chief-san-francisco\">the U.S. attorney's office alleged\u003c/a> in November last year.\u003c/p>\n\u003cp>Federal authorities ultimately charged Giusti with laundering $1 million in bribes to nonprofits at the behest of Nuru.\u003c/p>\n\u003cp>\"This is an appalling case for our residents and businesses who have been overpaying their trash rates for years,\" Mayor Breed said in a statement Thursday. \"The good news is that thanks to the City Attorney, they will be getting that money back now. Not only will this make a difference for people who are struggling in this moment, but also it sends a message to everyone — from the corporations and city contractors doing business with the City to the individuals working on the City’s behalf — that we will hold everyone accountable.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Bay City News contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11863022/sf-corruption-saga-under-nurus-oversight-garbage-company-recology-overcharged-ratepayers-95-million","authors":["11690"],"categories":["news_8","news_13"],"tags":["news_27626","news_27404","news_903","news_4740","news_28545","news_2249"],"featImg":"news_11813052","label":"news"},"news_11810638":{"type":"posts","id":"news_11810638","meta":{"index":"posts_1591205157","site":"news","id":"11810638","score":null,"sort":[1586005203000]},"guestAuthors":[],"slug":"defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread","title":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread","publishDate":1586005203,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>\u003cem>Updated Monday, April 6, 2:30 pm\u003c/em>\u003c/p>\n\u003cp>Lawyers for defendants in federal court in San Diego — including hundreds of migrants charged with illegally crossing the U.S.-Mexico border — said their clients are at imminent risk from coronavirus in jail, and they’ve issued an urgent call for defendants to be released on bail.\u003c/p>\n\u003cp>“Jails are uniquely dangerous settings for COVID-19,” wrote Kathryn Nester, executive director of the Federal Defenders of San Diego, in a letter this week to Sen. Kamala Harris. “A COVID-19 crisis in our jails will greatly exacerbate the pandemic in our communities,” the letter said.\u003c/p>\n\u003cp>Nester told Harris that the U.S. Attorney’s Office in San Diego has consistently denied requests by defense attorneys to agree to bail for people charged with non-violent offenses, in spite of the risk of COVID-19 transmission in the region’s three federal detention facilities.\u003c/p>\n\u003cp>She asked the senator to pressure the U.S. Justice Department to release inmates awaiting trial and to take legislative action to speed up “the immediate release of as many inmates as possible.”\u003c/p>\n\u003cp>The call comes as coronavirus begins to surge through jails and prisons around the country, including 167 cases in Chicago’s Cook County Jail as of Thursday, and more than 239 at Riker’s Island in New York City by Friday.\u003c/p>\n\u003cp>California prison officials announced plans this week to \u003ca href=\"https://www.kqed.org/news/11810000/state-prisons-plan-early-release-of-3500-inmates-to-combat-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">release almost 3,500 inmates\u003c/a> early to combat the spread of coronavirus.\u003c/p>\n\u003cp>And sheriffs in the Bay Area and beyond have also begun releasing some low-level inmates. San Francisco has \u003ca href=\"https://www.kqed.org/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic\" target=\"_blank\" rel=\"noopener noreferrer\">reduced its jail population by 25%\u003c/a> in recent weeks, according to SF District Attorney Chesa Boudin.\u003c/p>\n\u003cp>Meanwhile, \u003ca href=\"https://www.kqed.org/news/11810060/ice-detainees-in-panic-over-coronavirus-await-ruling-on-release\" target=\"_blank\" rel=\"noopener noreferrer\">advocates for detained immigrants have filed lawsuits\u003c/a> around the country demanding U.S. Immigration and Customs Enforcement (ICE) release medically vulnerable people from ICE detention.\u003c/p>\n\u003cp>On Thursday, a federal judge ordered six people released from the Adelanto ICE Processing Center in San Bernardino County.\u003c/p>\n\u003cp>Harris is “exploring options,” to answer the defense attorneys’ plea for help, according to her aides.\u003c/p>\n\u003cp>\"The allegations raised are deeply concerning,\" Harris said in a statement.\u003c/p>\n\u003cp>\"Prosecutors must make responsible charging decisions that eliminate unnecessary or excessive incarceration, especially during the coronavirus crisis,\" she added, stating that the Justice Department must address the matter \"urgently and re-evaluate how it is enforcing and detaining individuals.\"\u003c/p>\n\u003cp>In San Diego, in response to the Federal Defenders’ charge that his office is ignoring the risk of COVID-19, San Diego’s U.S. Attorney Robert Brewer said federal prosecutors are taking an active role to protect health and safety.\u003c/p>\n\u003cp>Brewer said they are meeting regularly with stakeholders, including defense attorneys, court officials and the jails, to respond to the coronavirus crisis, and are working directly with the Federal Defenders to release scores of inmates willing to plead guilty and accept a sentence of “time served.”\u003c/p>\n\u003cp>[aside tag=\"coronavirus, covid-19\" label=\"More Coronavirus Coverage\"]\u003c/p>\n\u003cp>“We have dramatically reduced our intake of new, reactive cases while continuing to focus on our mission to protect the public,” wrote Brewer in a statement, adding, “prosecutions are continuing... but we have elected to issue \u003ca href=\"https://www.uscis.gov/legal-resources/notice-appear-policy-memorandum\" target=\"_blank\" rel=\"noopener noreferrer\">Notices to Appear\u003c/a> in federal court to many of those individuals rather than taking them into custody.”\u003c/p>\n\u003cp>The Federal Defenders office, a non-profit legal service provider, represents about 1,500 indigent people charged with federal crimes — about half of all those in San Diego’s federal court with a court-appointed lawyer. The vast majority of the organization’s clients are charged with non-violent offenses, and more than half face prosecution for immigration offenses such as illegal entry or illegal re-entry to the U.S., lawyers said.\u003c/p>\n\u003cp>Because of the COVID-19 pandemic, lawyers with the Federal Defenders of San Diego have stopped visiting clients in jail, and are meeting with them by phone.\u003c/p>\n\u003cp>In recent days, attorneys have been gathering information from clients about coronavirus conditions in San Diego’s three federal jails: the Metropolitan Correctional Center, run by the U.S. Bureau of Prisons; the Western Region Detention Facility, run by the private company GEO Group; and the Otay Mesa Detention Center, run by another private company CoreCivic.\u003c/p>\n\u003cp>So far 45 inmates have responded to the questionnaire, and most have voiced fear of the disease and offered evidence that the jails are under pressure from the pandemic, said Joshua Jones, senior litigator at Federal Defenders.\u003c/p>\n\u003cp>Among the concerns Jones documented:\u003c/p>\n\u003cul>\n\u003cli>Sleeping arrangements make social distancing impossible, including in dorm-style units at the Metropolitan Correctional Center where bunks are spaced “an arm’s distance” apart and people report being “packed like sardines;”\u003c/li>\n\u003cli>At meals and in TV rooms at the MCC and GEO Group facilities, people sit side by side, with up to eight people at a table;\u003c/li>\n\u003cli>To reach the dining hall at the Core Civic facility, 20-25 people are squeezed into a locked sally port, where they stand shoulder to shoulder;\u003c/li>\n\u003cli>Insufficient soap is provided at all three jails, showers and bathrooms are shared by dozens of people and not cleaned between uses;\u003c/li>\n\u003cli>The water was off for three days at the GEO Group facility recently;\u003c/li>\n\u003cli>Inmates at MCC report sick detainees coughing for days, with some spitting blood into open trash cans, and one man who had to be carried to the bathroom by fellow detainees;\u003c/li>\n\u003cli>Guards at the GEO Group facility continue to perform physical searches and pat-downs of inmates;\u003c/li>\n\u003cli>At least one guard at the Core Civic facility was diagnosed with COVID-19 and several inmates showed symptoms of the disease;\u003c/li>\n\u003cli>And some inmates do not want to report their symptoms for fear of being isolated in solitary confinement.\u003c/li>\n\u003c/ul>\n\u003cp>“There’s no way to prevent the fact that guards are coming in and out,” of the jails, said Jones. “Any introduction of COVID is going to spread like wildfire.”\u003c/p>\n\u003cp>Responding to the findings of the questionnaire, Ryan Gustin, public affairs manager for CoreCivic, said that the company had learned on April 2 that a second employee at the Otay Mesa Detention Center had tested positive for COVID-19. Gustin said that the worker's last shift was on March 20 and the person was currently isolated at home under medical supervision.\u003c/p>\n\u003cp>\"Notification was made to other employees or contractors who may have been in contact with the individual who tested positive,\" said Gustin in a statement. \"Any employees who are known to have had direct contact with this individual will be directed to self-quarantine at home for 14 days, as recommended by the CDC.\u003c/p>\n\u003cp>Gustin also pointed KQED to a CoreCivic \u003ca href=\"https://www.corecivic.com/en/corecivic-statement-on-covid-19-prevention\">statement\u003c/a> about COVID-19 prevention, which says the company began preparing in January. The company's plan includes: screening inmates and employees when they enter a facility; encouraging staff and inmates to wash hands and maintain social distance; disinfecting surfaces and providing gloves to guards conducting searches.\u003c/p>\n\u003cblockquote class=\"\">\n\u003cdiv class=\"\">\n\u003cdiv class=\"WordSection1\">\u003c/div>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>A GEO group spokesperson released a statement to KQED through the company’s public relations firm.\u003c/p>\n\u003cp>“We strongly reject these unfounded allegations, which we believe are being instigated by outside groups with political agendas,\" the GEO statement said.\u003c/p>\n\u003cp>The public relations firm, Stutzman Public Affairs, also pointed to the company’s COVID-19 \u003ca href=\"https://www.geogroup.com/COVID19\" target=\"_blank\" rel=\"noopener noreferrer\">web page\u003c/a>, which says that GEO Group facilities are not overcrowded and provide access to regular hand-washing and round-the-clock health care.\u003c/p>\n\u003cp>The Bureau of Prisons did not respond to requests for comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Lawyers report unsafe conditions that could spread COVID-19 in federal jails near the border, calling on Sen. Kamala Harris to intervene with the U.S. Justice Department.","status":"publish","parent":0,"modified":1586214356,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1277},"headData":{"title":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread | KQED","description":"Lawyers report unsafe conditions that could spread COVID-19 in federal jails near the border, calling on Sen. Kamala Harris to intervene with the U.S. Justice Department.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread","datePublished":"2020-04-04T13:00:03.000Z","dateModified":"2020-04-06T23:05:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11810638 https://ww2.kqed.org/news/?p=11810638","disqusUrl":"https://ww2.kqed.org/news/2020/04/04/defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread/","disqusTitle":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","path":"/news/11810638/defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Monday, April 6, 2:30 pm\u003c/em>\u003c/p>\n\u003cp>Lawyers for defendants in federal court in San Diego — including hundreds of migrants charged with illegally crossing the U.S.-Mexico border — said their clients are at imminent risk from coronavirus in jail, and they’ve issued an urgent call for defendants to be released on bail.\u003c/p>\n\u003cp>“Jails are uniquely dangerous settings for COVID-19,” wrote Kathryn Nester, executive director of the Federal Defenders of San Diego, in a letter this week to Sen. Kamala Harris. “A COVID-19 crisis in our jails will greatly exacerbate the pandemic in our communities,” the letter said.\u003c/p>\n\u003cp>Nester told Harris that the U.S. Attorney’s Office in San Diego has consistently denied requests by defense attorneys to agree to bail for people charged with non-violent offenses, in spite of the risk of COVID-19 transmission in the region’s three federal detention facilities.\u003c/p>\n\u003cp>She asked the senator to pressure the U.S. Justice Department to release inmates awaiting trial and to take legislative action to speed up “the immediate release of as many inmates as possible.”\u003c/p>\n\u003cp>The call comes as coronavirus begins to surge through jails and prisons around the country, including 167 cases in Chicago’s Cook County Jail as of Thursday, and more than 239 at Riker’s Island in New York City by Friday.\u003c/p>\n\u003cp>California prison officials announced plans this week to \u003ca href=\"https://www.kqed.org/news/11810000/state-prisons-plan-early-release-of-3500-inmates-to-combat-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">release almost 3,500 inmates\u003c/a> early to combat the spread of coronavirus.\u003c/p>\n\u003cp>And sheriffs in the Bay Area and beyond have also begun releasing some low-level inmates. San Francisco has \u003ca href=\"https://www.kqed.org/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic\" target=\"_blank\" rel=\"noopener noreferrer\">reduced its jail population by 25%\u003c/a> in recent weeks, according to SF District Attorney Chesa Boudin.\u003c/p>\n\u003cp>Meanwhile, \u003ca href=\"https://www.kqed.org/news/11810060/ice-detainees-in-panic-over-coronavirus-await-ruling-on-release\" target=\"_blank\" rel=\"noopener noreferrer\">advocates for detained immigrants have filed lawsuits\u003c/a> around the country demanding U.S. Immigration and Customs Enforcement (ICE) release medically vulnerable people from ICE detention.\u003c/p>\n\u003cp>On Thursday, a federal judge ordered six people released from the Adelanto ICE Processing Center in San Bernardino County.\u003c/p>\n\u003cp>Harris is “exploring options,” to answer the defense attorneys’ plea for help, according to her aides.\u003c/p>\n\u003cp>\"The allegations raised are deeply concerning,\" Harris said in a statement.\u003c/p>\n\u003cp>\"Prosecutors must make responsible charging decisions that eliminate unnecessary or excessive incarceration, especially during the coronavirus crisis,\" she added, stating that the Justice Department must address the matter \"urgently and re-evaluate how it is enforcing and detaining individuals.\"\u003c/p>\n\u003cp>In San Diego, in response to the Federal Defenders’ charge that his office is ignoring the risk of COVID-19, San Diego’s U.S. Attorney Robert Brewer said federal prosecutors are taking an active role to protect health and safety.\u003c/p>\n\u003cp>Brewer said they are meeting regularly with stakeholders, including defense attorneys, court officials and the jails, to respond to the coronavirus crisis, and are working directly with the Federal Defenders to release scores of inmates willing to plead guilty and accept a sentence of “time served.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"coronavirus, covid-19","label":"More Coronavirus Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We have dramatically reduced our intake of new, reactive cases while continuing to focus on our mission to protect the public,” wrote Brewer in a statement, adding, “prosecutions are continuing... but we have elected to issue \u003ca href=\"https://www.uscis.gov/legal-resources/notice-appear-policy-memorandum\" target=\"_blank\" rel=\"noopener noreferrer\">Notices to Appear\u003c/a> in federal court to many of those individuals rather than taking them into custody.”\u003c/p>\n\u003cp>The Federal Defenders office, a non-profit legal service provider, represents about 1,500 indigent people charged with federal crimes — about half of all those in San Diego’s federal court with a court-appointed lawyer. The vast majority of the organization’s clients are charged with non-violent offenses, and more than half face prosecution for immigration offenses such as illegal entry or illegal re-entry to the U.S., lawyers said.\u003c/p>\n\u003cp>Because of the COVID-19 pandemic, lawyers with the Federal Defenders of San Diego have stopped visiting clients in jail, and are meeting with them by phone.\u003c/p>\n\u003cp>In recent days, attorneys have been gathering information from clients about coronavirus conditions in San Diego’s three federal jails: the Metropolitan Correctional Center, run by the U.S. Bureau of Prisons; the Western Region Detention Facility, run by the private company GEO Group; and the Otay Mesa Detention Center, run by another private company CoreCivic.\u003c/p>\n\u003cp>So far 45 inmates have responded to the questionnaire, and most have voiced fear of the disease and offered evidence that the jails are under pressure from the pandemic, said Joshua Jones, senior litigator at Federal Defenders.\u003c/p>\n\u003cp>Among the concerns Jones documented:\u003c/p>\n\u003cul>\n\u003cli>Sleeping arrangements make social distancing impossible, including in dorm-style units at the Metropolitan Correctional Center where bunks are spaced “an arm’s distance” apart and people report being “packed like sardines;”\u003c/li>\n\u003cli>At meals and in TV rooms at the MCC and GEO Group facilities, people sit side by side, with up to eight people at a table;\u003c/li>\n\u003cli>To reach the dining hall at the Core Civic facility, 20-25 people are squeezed into a locked sally port, where they stand shoulder to shoulder;\u003c/li>\n\u003cli>Insufficient soap is provided at all three jails, showers and bathrooms are shared by dozens of people and not cleaned between uses;\u003c/li>\n\u003cli>The water was off for three days at the GEO Group facility recently;\u003c/li>\n\u003cli>Inmates at MCC report sick detainees coughing for days, with some spitting blood into open trash cans, and one man who had to be carried to the bathroom by fellow detainees;\u003c/li>\n\u003cli>Guards at the GEO Group facility continue to perform physical searches and pat-downs of inmates;\u003c/li>\n\u003cli>At least one guard at the Core Civic facility was diagnosed with COVID-19 and several inmates showed symptoms of the disease;\u003c/li>\n\u003cli>And some inmates do not want to report their symptoms for fear of being isolated in solitary confinement.\u003c/li>\n\u003c/ul>\n\u003cp>“There’s no way to prevent the fact that guards are coming in and out,” of the jails, said Jones. “Any introduction of COVID is going to spread like wildfire.”\u003c/p>\n\u003cp>Responding to the findings of the questionnaire, Ryan Gustin, public affairs manager for CoreCivic, said that the company had learned on April 2 that a second employee at the Otay Mesa Detention Center had tested positive for COVID-19. Gustin said that the worker's last shift was on March 20 and the person was currently isolated at home under medical supervision.\u003c/p>\n\u003cp>\"Notification was made to other employees or contractors who may have been in contact with the individual who tested positive,\" said Gustin in a statement. \"Any employees who are known to have had direct contact with this individual will be directed to self-quarantine at home for 14 days, as recommended by the CDC.\u003c/p>\n\u003cp>Gustin also pointed KQED to a CoreCivic \u003ca href=\"https://www.corecivic.com/en/corecivic-statement-on-covid-19-prevention\">statement\u003c/a> about COVID-19 prevention, which says the company began preparing in January. The company's plan includes: screening inmates and employees when they enter a facility; encouraging staff and inmates to wash hands and maintain social distance; disinfecting surfaces and providing gloves to guards conducting searches.\u003c/p>\n\u003cblockquote class=\"\">\n\u003cdiv class=\"\">\n\u003cdiv class=\"WordSection1\">\u003c/div>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>A GEO group spokesperson released a statement to KQED through the company’s public relations firm.\u003c/p>\n\u003cp>“We strongly reject these unfounded allegations, which we believe are being instigated by outside groups with political agendas,\" the GEO statement said.\u003c/p>\n\u003cp>The public relations firm, Stutzman Public Affairs, also pointed to the company’s COVID-19 \u003ca href=\"https://www.geogroup.com/COVID19\" target=\"_blank\" rel=\"noopener noreferrer\">web page\u003c/a>, which says that GEO Group facilities are not overcrowded and provide access to regular hand-washing and round-the-clock health care.\u003c/p>\n\u003cp>The Bureau of Prisons did not respond to requests for comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11810638/defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_18821","news_27350","news_27504","news_27626","news_24238","news_20202","news_2069","news_61","news_4486","news_2249","news_20058"],"featImg":"news_11810767","label":"source_news_11810638"},"news_11713245":{"type":"posts","id":"news_11713245","meta":{"index":"posts_1591205157","site":"news","id":"11713245","score":null,"sort":[1545163293000]},"guestAuthors":[],"slug":"terror-debated-at-dramatic-sentencing-of-oakland-man-who-opened-twitter-accounts-for-islamic-state","title":"Terror Debated at 'Dramatic' Sentencing of Oakland Man Who Opened Twitter Accounts for Islamic State","publishDate":1545163293,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The sentencing of a 23-year-old Oakland man who pleaded guilty to a terrorism charge last summer will continue into next year as a federal judge grapples with what the defense says is an overly broad law that allows severe punishment for providing any kind of aid to a terrorist group.\u003c/p>\n\u003cp>Judge Charles Breyer continued the sentencing of Amer Sinan Alhaggagi after a full day of testimony Monday in order to hear next month from two jailhouse informants who told federal prosecutors that the defendant continued to plan attacks even after he was arrested in late 2016.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center;\">\u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000;\">Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/screen-shot-2-1180x605.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"I really want to get this right,\" Breyer said from the bench. \"I don’t think I’ve had a sentencing as dramatic in the sense of what was done, what was said, and what a potential sentence should be.\"\u003c/p>\n\u003cp>What was said includes voluminous statements from Alhaggagi, online and in person to an undercover FBI agent, describing plans for a series of bomb attacks in San Francisco and the East Bay, a plot to distribute strychnine-laced cocaine and a scheme to light a wildfire in the Berkeley Hills.\u003c/p>\n\u003cp>But what was done falls far short of any action to carry out those attacks, Alhaggagi's defense argues. His attorneys are quick to point out that the charge — attempting to provide material support to a foreign terrorist organization — stems not from Alhaggagi's idea to \"\u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\" target=\"_blank\" rel=\"noopener\">redefine terror in the Bay Area\u003c/a>,\" but rather from his opening of a handful of social media accounts for Islamic State sympathizers. The defense argues that it was part of an immature chat room fight — and Alhaggagi's attempt to enlist online jihadis to retaliate for him in a \"\u003ca href=\"https://www.urbandictionary.com/define.php?term=flame%20war\" target=\"_blank\" rel=\"noopener\">flame war\u003c/a>.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The FBI and federal prosecutors took Alhaggagi's talk seriously, conducting round-the-clock surveillance and sending an undercover agent posing as an al-Qaida bomb maker to probe the defendant's intentions. The prosecution argues that Alhaggagi's repeated willingness to meet with the agent, his online history including downloading a bomb-making manual and researching strychnine, and his application for a job with the Oakland Police Department are all real actions Alhaggagi took to further his plans.\u003c/p>\n\u003cp>They're seeking a 33-year prison sentence. The defense, bolstered by the agreement of the federal probation department and a former CIA operative who evaluated Alhaggagi's extremism, is asking for a four-year sentence.\u003c/p>\n\u003ch3>'Manager of Spies'\u003c/h3>\n\u003cp>Former CIA case officer Dr. Marc Sageman was hired by Alhaggagi's defense to apply his decades of experience interviewing jihadi extremists and measure the defendant's intentions.\u003c/p>\n\u003cp>Sageman testified that he was a \"manager of spies\" and \"ran a war\" against the Soviets in Afghanistan during his time with the CIA in the 1980s. He resigned in 1991 and pursued a specialty in forensic psychology, he testified, also applying social science principles to the study of political violence.\u003c/p>\n\u003cp>He said he studied the 11,000 pages of discovery in the case against Alhaggagi in preparation for an interview that would test two hypotheses.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center;\">\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000;\">Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/RS29855_COURTHOUSE_007-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"He's either trolling people or he's a real jihadi,\" Sageman testified. \"Talk is cheap. There are so many people on the internet claiming all kinds of things.\"\u003c/p>\n\u003cp>Sageman said he first tested Alhaggagi by dropping a reference to Abdullah Azzam — a mentor of Osama bin Laden known as the \"father of global jihad.\" Azzam was killed in 1989, several years before Alhaggagi was born, and the defendant didn't know who he was, Sageman testified.\u003c/p>\n\u003cp>\"Every jihadi who I have ever met knew who Abdullah Azzam was,\" Sageman said.\u003c/p>\n\u003cp>He said Alhaggagi habitually invented stories.\u003c/p>\n\u003cp>\"He's really a coward,\" Sageman testified as Alhaggagi grinned. \"He doesn't really do anything.\"\u003c/p>\n\u003ch3>'Slaughter Them With Knives'\u003c/h3>\n\u003cp>Federal prosecutor Waqar Hasib criticized the way Sageman summarized some of Alhaggagi's statements in his report, which was filed under seal.\u003c/p>\n\u003cp>Hasib seized on Sageman's conclusion that because Alhaggagi has no history of violent crime, he is actually less likely to be dangerous than a randomly selected U.S. citizen.\u003c/p>\n\u003cp>\"Is a randomly picked individual from the United States likely to talk about planting a bomb in a gay nightclub with someone they just met?\" Hasib asked.\u003c/p>\n\u003cp>\"No,\" Sageman said.\u003c/p>\n\u003cp>\"I know how to build bombs,\" Sageman added. \"Mr. Alhaggagi does not know how to build bombs.\"\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=U9z1FBzHNOE&feature=youtu.be\u003c/p>\n\u003cp>Hasib played an audio recording in court of a November 2016 meeting between the undercover agent and Alhaggagi, in which the agent discusses, and agrees with, the defendant's wide-ranging plans for murder and mayhem.\u003c/p>\n\u003cp>\"I want to do several different types of killing,\" Alhaggagi said on the recording. \"I wanna like, do the explosives, kill ‘em with guns, probably like slaughter them with knives.\"\u003c/p>\n\u003cp>Sageman said Alhaggagi was continuing his online trolling behavior in real life, seeing how far he could push before someone disagreed.\u003c/p>\n\u003cp>\"The more absurd ideas he had, the more they agreed with it and encouraged him,\" Sageman testified.\u003c/p>\n\u003ch3>'Detonator'\u003c/h3>\n\u003cp>The dispute over whether Alhaggagi is a sincere terrorist or incredibly zealous troll is the central argument in the case.\u003c/p>\n\u003cp>Sageman said the government mistranslated parts of Alhaggagi's chats in Arabic and took them out of context. He cited gruesome passages punctuated by smiling emojis, and a conversation that on its face appeared to be a discussion about bombs and detonators. Sageman said the chat was really a running joke between teenage boys.\u003c/p>\n\u003cp>\"By detonator, I think he was talking about his phallus,\" Sageman said.\u003c/p>\n\u003ch3>Informants\u003c/h3>\n\u003cp>But the U.S. government argues Alhaggagi followed a course of conduct that began with him contacting Islamic State sympathizers to inquire about making bombs, continued in meetings with the undercover agent and culminated in creating social media accounts to help the Islamic State.\u003c/p>\n\u003cp>The prosecution says it didn't stop after Alhaggagi's November 2016 arrest. They plan to call two jailhouse informants when the sentencing hearing resumes on Jan. 8 who say Alhaggagi discussed blowing up the federal court building in San Francisco and was seen drawing a schematic of the building.\u003c/p>\n\u003cp>The defense says the main informant is known to be untrustworthy, and both men are receiving benefits in exchange for their testimony.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"Our client was notorious in the jail,\" defense attorney Mary McNamara told the judge. \"He went by the moniker, according to the other inmates, 'The Terrorist,' even though he never called himself that.\"\u003c/p>\n\n","blocks":[],"excerpt":"Amer Sinan Alhaggagi's sentencing was continued Monday until Jan. 8, when the judge will hear testimony from two jailhouse informants who told federal prosecutors that the defendant continued to plan attacks even after he was arrested in late 2016.","status":"publish","parent":0,"modified":1545181120,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1114},"headData":{"title":"Terror Debated at 'Dramatic' Sentencing of Oakland Man Who Opened Twitter Accounts for Islamic State | KQED","description":"Amer Sinan Alhaggagi's sentencing was continued Monday until Jan. 8, when the judge will hear testimony from two jailhouse informants who told federal prosecutors that the defendant continued to plan attacks even after he was arrested in late 2016.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Terror Debated at 'Dramatic' Sentencing of Oakland Man Who Opened Twitter Accounts for Islamic State","datePublished":"2018-12-18T20:01:33.000Z","dateModified":"2018-12-19T00:58:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11713245 https://ww2.kqed.org/news/?p=11713245","disqusUrl":"https://ww2.kqed.org/news/2018/12/18/terror-debated-at-dramatic-sentencing-of-oakland-man-who-opened-twitter-accounts-for-islamic-state/","disqusTitle":"Terror Debated at 'Dramatic' Sentencing of Oakland Man Who Opened Twitter Accounts for Islamic State","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/12/EmslieTerrorSentencing.mp3","audioTrackLength":148,"path":"/news/11713245/terror-debated-at-dramatic-sentencing-of-oakland-man-who-opened-twitter-accounts-for-islamic-state","audioDuration":134000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The sentencing of a 23-year-old Oakland man who pleaded guilty to a terrorism charge last summer will continue into next year as a federal judge grapples with what the defense says is an overly broad law that allows severe punishment for providing any kind of aid to a terrorist group.\u003c/p>\n\u003cp>Judge Charles Breyer continued the sentencing of Amer Sinan Alhaggagi after a full day of testimony Monday in order to hear next month from two jailhouse informants who told federal prosecutors that the defendant continued to plan attacks even after he was arrested in late 2016.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center;\">\u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000;\">Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/screen-shot-2-1180x605.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"I really want to get this right,\" Breyer said from the bench. \"I don’t think I’ve had a sentencing as dramatic in the sense of what was done, what was said, and what a potential sentence should be.\"\u003c/p>\n\u003cp>What was said includes voluminous statements from Alhaggagi, online and in person to an undercover FBI agent, describing plans for a series of bomb attacks in San Francisco and the East Bay, a plot to distribute strychnine-laced cocaine and a scheme to light a wildfire in the Berkeley Hills.\u003c/p>\n\u003cp>But what was done falls far short of any action to carry out those attacks, Alhaggagi's defense argues. His attorneys are quick to point out that the charge — attempting to provide material support to a foreign terrorist organization — stems not from Alhaggagi's idea to \"\u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\" target=\"_blank\" rel=\"noopener\">redefine terror in the Bay Area\u003c/a>,\" but rather from his opening of a handful of social media accounts for Islamic State sympathizers. The defense argues that it was part of an immature chat room fight — and Alhaggagi's attempt to enlist online jihadis to retaliate for him in a \"\u003ca href=\"https://www.urbandictionary.com/define.php?term=flame%20war\" target=\"_blank\" rel=\"noopener\">flame war\u003c/a>.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The FBI and federal prosecutors took Alhaggagi's talk seriously, conducting round-the-clock surveillance and sending an undercover agent posing as an al-Qaida bomb maker to probe the defendant's intentions. The prosecution argues that Alhaggagi's repeated willingness to meet with the agent, his online history including downloading a bomb-making manual and researching strychnine, and his application for a job with the Oakland Police Department are all real actions Alhaggagi took to further his plans.\u003c/p>\n\u003cp>They're seeking a 33-year prison sentence. The defense, bolstered by the agreement of the federal probation department and a former CIA operative who evaluated Alhaggagi's extremism, is asking for a four-year sentence.\u003c/p>\n\u003ch3>'Manager of Spies'\u003c/h3>\n\u003cp>Former CIA case officer Dr. Marc Sageman was hired by Alhaggagi's defense to apply his decades of experience interviewing jihadi extremists and measure the defendant's intentions.\u003c/p>\n\u003cp>Sageman testified that he was a \"manager of spies\" and \"ran a war\" against the Soviets in Afghanistan during his time with the CIA in the 1980s. He resigned in 1991 and pursued a specialty in forensic psychology, he testified, also applying social science principles to the study of political violence.\u003c/p>\n\u003cp>He said he studied the 11,000 pages of discovery in the case against Alhaggagi in preparation for an interview that would test two hypotheses.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center;\">\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000;\">Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/RS29855_COURTHOUSE_007-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"He's either trolling people or he's a real jihadi,\" Sageman testified. \"Talk is cheap. There are so many people on the internet claiming all kinds of things.\"\u003c/p>\n\u003cp>Sageman said he first tested Alhaggagi by dropping a reference to Abdullah Azzam — a mentor of Osama bin Laden known as the \"father of global jihad.\" Azzam was killed in 1989, several years before Alhaggagi was born, and the defendant didn't know who he was, Sageman testified.\u003c/p>\n\u003cp>\"Every jihadi who I have ever met knew who Abdullah Azzam was,\" Sageman said.\u003c/p>\n\u003cp>He said Alhaggagi habitually invented stories.\u003c/p>\n\u003cp>\"He's really a coward,\" Sageman testified as Alhaggagi grinned. \"He doesn't really do anything.\"\u003c/p>\n\u003ch3>'Slaughter Them With Knives'\u003c/h3>\n\u003cp>Federal prosecutor Waqar Hasib criticized the way Sageman summarized some of Alhaggagi's statements in his report, which was filed under seal.\u003c/p>\n\u003cp>Hasib seized on Sageman's conclusion that because Alhaggagi has no history of violent crime, he is actually less likely to be dangerous than a randomly selected U.S. citizen.\u003c/p>\n\u003cp>\"Is a randomly picked individual from the United States likely to talk about planting a bomb in a gay nightclub with someone they just met?\" Hasib asked.\u003c/p>\n\u003cp>\"No,\" Sageman said.\u003c/p>\n\u003cp>\"I know how to build bombs,\" Sageman added. \"Mr. Alhaggagi does not know how to build bombs.\"\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/U9z1FBzHNOE'\n title='//www.youtube.com/embed/U9z1FBzHNOE'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Hasib played an audio recording in court of a November 2016 meeting between the undercover agent and Alhaggagi, in which the agent discusses, and agrees with, the defendant's wide-ranging plans for murder and mayhem.\u003c/p>\n\u003cp>\"I want to do several different types of killing,\" Alhaggagi said on the recording. \"I wanna like, do the explosives, kill ‘em with guns, probably like slaughter them with knives.\"\u003c/p>\n\u003cp>Sageman said Alhaggagi was continuing his online trolling behavior in real life, seeing how far he could push before someone disagreed.\u003c/p>\n\u003cp>\"The more absurd ideas he had, the more they agreed with it and encouraged him,\" Sageman testified.\u003c/p>\n\u003ch3>'Detonator'\u003c/h3>\n\u003cp>The dispute over whether Alhaggagi is a sincere terrorist or incredibly zealous troll is the central argument in the case.\u003c/p>\n\u003cp>Sageman said the government mistranslated parts of Alhaggagi's chats in Arabic and took them out of context. He cited gruesome passages punctuated by smiling emojis, and a conversation that on its face appeared to be a discussion about bombs and detonators. Sageman said the chat was really a running joke between teenage boys.\u003c/p>\n\u003cp>\"By detonator, I think he was talking about his phallus,\" Sageman said.\u003c/p>\n\u003ch3>Informants\u003c/h3>\n\u003cp>But the U.S. government argues Alhaggagi followed a course of conduct that began with him contacting Islamic State sympathizers to inquire about making bombs, continued in meetings with the undercover agent and culminated in creating social media accounts to help the Islamic State.\u003c/p>\n\u003cp>The prosecution says it didn't stop after Alhaggagi's November 2016 arrest. They plan to call two jailhouse informants when the sentencing hearing resumes on Jan. 8 who say Alhaggagi discussed blowing up the federal court building in San Francisco and was seen drawing a schematic of the building.\u003c/p>\n\u003cp>The defense says the main informant is known to be untrustworthy, and both men are receiving benefits in exchange for their testimony.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Our client was notorious in the jail,\" defense attorney Mary McNamara told the judge. \"He went by the moniker, according to the other inmates, 'The Terrorist,' even though he never called himself that.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11713245/terror-debated-at-dramatic-sentencing-of-oakland-man-who-opened-twitter-accounts-for-islamic-state","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24652","news_18","news_18878","news_2249"],"featImg":"news_11713247","label":"news_72"},"news_11712239":{"type":"posts","id":"news_11712239","meta":{"index":"posts_1591205157","site":"news","id":"11712239","score":null,"sort":[1544793323000]},"guestAuthors":[],"slug":"terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area","title":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","publishDate":1544793323,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>U.S. District Judge Charles Breyer is expected Monday to consider whether a now 23-year-old Oakland man actually meant the deluge of statements he made online and in person two years ago, describing a series of plans to \"redefine terror\" in the Bay Area by bombing gay nightclubs, setting a wildfire in the Berkeley Hills, distributing cocaine laced with poison and attacking UC Berkeley dorms, among other plots.\u003c/p>\n\u003cp>\"I want to make it to the point where every American here, like, thinks twice or three times before he leaves his home,\" Amer Sinan Alhaggagi said on video as he toured the East Bay on July 29, 2016, with an undercover FBI agent posing as an al-Qaida operative. \"That's the goal. ... All the burning, the explosives, the poison, all of that adds up to some conclusion, you know?\"\u003c/p>\n\u003cp>KQED has exclusively obtained excerpts of that video and other evidence in the case against Alhaggagi, set for sentencing on Monday. In a relatively unusual maneuver this summer, he pleaded guilty to attempting to provide support to a foreign terrorist organization — the Islamic State — with no assurances from the prosecution that he would receive a lighter sentence.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/RS29855_COURTHOUSE_007-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>He essentially threw himself on the mercy of the court, said Stanford law professor Robert Weisberg.\u003c/p>\n\u003cp>\"I can understand why the defense thought the case was hopeless in terms of guilt because [the facts against Alhaggagi] are on their face pretty bad,\" Weisberg said. \"They really, really are.\"\u003c/p>\n\u003cp>He said Alhaggagi's defense attorney, Mary McNamara, knows what she's doing with the strategy to litigate her client's culpability at his sentencing hearing. The defense case essentially boils down to this: He didn't intend to follow through on anything that he said. He didn't understand the seriousness of setting up social media accounts for members of the Islamic State — the actual substance of the terrorism charge he faces. And he was essentially a troll, online and IRL, doing it for the LOLs.\u003cbr>\n[ad fullwidth]\u003cbr>\n\"The government spins an elaborate theory to explain why a supposed terrorist never took a single step to carry out any of his plots,\" the defense wrote in its sentencing memorandum. \"The government posits that Mr. Alhaggagi, an untrained 21 year old with the mentality of a teenager, is a criminal mastermind whose refusal to act is even \u003cem>bigger proof\u003c/em> that he is a terrorist.\"\u003c/p>\n\u003cp>Weisberg summarized the defense strategy in the case: \"You have to put in the context that this guy sort of ritually repeats horrible things that he’s heard elsewhere, and yes, there’s a risk that they’ll be taken seriously by others, but he’s a fool. He doesn’t know what he’s doing,\" he said.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The texts featured emojis (smiley faces) and the argot of teenagers on the internet (\"LOL\" for laugh out loud, \"LMAO\" for laughing my ass off) in response to claims of carnage and savagery.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>The stakes are high for Alhaggagi, who faces a wide range of potential prison sentences. His attorneys, the probation department's presentencing report and a defense expert on Islamic radicalization are all recommending a four-year sentence. The prosecution is arguing for 33 years in prison.\u003c/p>\n\u003cp>\"This is one of these cases where ultimately, I think, a wise judge is being asked to come up with something sensible,\" Weisberg said. \"This business about pleading without a deal ahead of time — it’s not a practice I’d recommend very widely, nor one sees very widely, but it may very well make sense here.\"\u003c/p>\n\u003cp>\u003cstrong>Case Begins Online\u003c/strong>\u003c/p>\n\u003cp>Already an accomplished fraudster and identity thief, Alhaggagi began discussing obtaining weapons and joining the Islamic State in Syria in an encrypted online chat room on July 19, 2016, according to the prosecution's sentencing memorandum. An FBI source was lurking in the chat.\u003c/p>\n\u003cp>That source contacted Alhaggagi two days later, but in this conversation, Alhaggagi offered to provide weapons to the FBI source. Over the next week, the two engaged in a wide-ranging encrypted conversation about weapons, bomb-making, terror and the defendant's \"mad crazy plans\" for the Bay Area, according to discussion of the chats in the government's sentencing memorandum.\u003c/p>\n\u003cp>\"[Y]ou kknow [sic] what they say, everyone is a gangster untile [sic] it's time to do gangster shit [emojis],\" Alhaggagi chatted. \"I'm gonna case [sic] millions of dollars worth of damages and \u003cem>inshallah\u003c/em> [God Willing] 100's of bodies.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003cspan style=\"color: #000000\">Read the Arguments\u003c/span>\u003c/h4>\n\u003cfigure>\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/07/RS26073_GettyImages-73534290-qut-1180x787.jpg\" alt=\"\">\u003c/figure>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432118-181204-Alhaggagi-Gov-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">United States' Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432077-181204-Alhaggagi-Def-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">Defendant's Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432390-181204-Def-Sentence-Exhibit-a-Alhaggagi-Letter.html\" target=\"_blank\" rel=\"noopener\">Amer Alhaggagi Statement\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The specific emojis Alhaggagi used are not specified in the government's filing. His defense argues they provide important context.\u003c/p>\n\u003cp>\"The exchanges are vile, but read in context they are hard to take seriously,\" the defense's sentencing memorandum says. \"The texts featured emojis (smiley faces) and the argot of teenagers on the internet (“LOL” for laugh out loud, 'LMAO' for laughing my ass off) in response to claims of carnage and savagery.\"\u003c/p>\n\u003cp>The chat continued to Alhaggagi's plans to \"place a bomb in a gay club,\" and his statement that \"The whole bay area is gonna be up in flames,\" according to the excerpts of the chat in the government's sentencing arguments. Alhaggagi said his goal was now to \"get 10,000 pppl\" in a series of attacks. He discussed planting secondary bombs along routes that first responders would use to help casualties of his initial attack, according to the prosecution's filing.\u003c/p>\n\u003cp>\u003cstrong>FBI Identifies Alhaggagi\u003c/strong>\u003c/p>\n\u003cp>FBI agents identified Alhaggagi by comparing his screen names in the encrypted chats with a similarly named Twitter account, and tracing the location of that account to a cellphone store in Berkeley, according to the prosecution.\u003c/p>\n\u003cp>Agents also learned that he had recently applied to the Oakland Police Department, something he'd mentioned in his chats as a ploy to get him access to weapons.\u003c/p>\n\u003cp>An undercover FBI agent posing as a former al-Qaida operative in Afghanistan reached out to Alhaggagi and the two met in person on July 29, 2016.\u003c/p>\n\u003cp>\"When the agreed-upon time for the face-to-face meeting in Oakland came, it was ALHAGGAGI who stepped forward to introduce himself,\" the prosecution wrote.\u003c/p>\n\u003cp>\u003cstrong>The 'Quick-Thinking' FBI Agent\u003c/strong>\u003c/p>\n\u003cp>The following conversation between the agent and Alhaggagi was captured on a hidden camera in the agent's car.\u003c/p>\n\u003cp>Video excerpts attached to the prosecution's sentencing arguments begin with Alhaggagi discussing his plans to enter Islamic State-controlled territory through a town on the Turkey-Syria border, but he later discovered that IS was not in control of the town.\u003c/p>\n\u003cp>\"This description from Alhaggagi was in fact remarkably accurate,\" the prosecution wrote, citing the Islamic State's loss of the town to Kurdish forces in the summer of 2015.\u003c/p>\n\u003cp>Alhaggagi explained he received direction from Islamic State operatives to plan an attack in the Bay Area instead.\u003c/p>\n\u003cp>\"I've always wanted to do something here,\" he said.\u003c/p>\n\u003cp>https://youtu.be/U9z1FBzHNOE\u003c/p>\n\u003cp>One plot involved lacing cocaine with strychnine — rodent poison — and distributing the deadly powder at nightclubs. Alhaggagi said he had already ordered the poison.\u003c/p>\n\u003cp>In what became a tour of Alhaggagi's alleged targets in the East Bay, the two men discussed planting bombs in UC Berkeley dorms, and Alhaggagi said, \"Yeah, I'd like to kill the students.\"\u003c/p>\n\u003cp>They then drove into the Berkeley Hills, where Alhaggagi suggested starting a wildfire \"and then it'll spread.\"\u003c/p>\n\u003cp>Alhaggagi said in a Dec. 4 statement to the court that he thought the FBI agent wasn't serious, but rather a \"wannabe who liked to talk big and was maybe pissed off for losing his job.\" Alhaggagi said he was continuing his online trolling in the meeting with the agent, mimicking his \"chat persona\" of an aspiring terrorist.\u003c/p>\n\u003cp>As they headed back to Oakland, the prosecution argues that Alhaggagi decided to vet the FBI agent, asking a series of pointed questions engineered to test the agent's knowledge of al-Qaida and the Islamic State.\u003c/p>\n\u003cp>In one response, the agent praised Iran, \"a critical misstep that raised ALHAGGAGI's suspicions,\" the government wrote, because Iran is majority Shiite country, and the Islamic State is aligned with Sunni Muslims.\u003c/p>\n\u003cp>The agent then didn't recognize the name of the current head of al-Qaida.\u003c/p>\n\u003cfigure id=\"attachment_11712441\" class=\"wp-caption alignnone\" style=\"max-width: 760px\">\u003cimg class=\"size-full wp-image-11712441\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg\" alt=\"A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct.\" width=\"760\" height=\"549\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg 760w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot-160x116.jpg 160w\" sizes=\"(max-width: 760px) 100vw, 760px\">\u003cfigcaption class=\"wp-caption-text\">A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct. \u003ccite>(Via the U.S. Attorney's Office for the Northern District of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"[T]he quick-thinking FBI UCE [undercover employee] tried valiantly to recover ... but the damage had already been done. ALHAGGAGI had been alerted — an al-Qaeda operative who did not immediately recognize the name of al-Qaeda's highest leader after the death of Osama bin Laden might not be an al-Qaeda operative at all.\"\u003c/p>\n\u003cp>The defense seized on an apparent contradiction in the government's arguments on this point, disputing the prosecution's characterization of Alhaggagi as a \"mastermind\" who employed tests and ruses to expose an undercover agent, \u003cem>after\u003c/em> he'd revealed his true identity and described his plans in great detail. And he continued to meet with the agent.\u003c/p>\n\u003cp>\"Remarkably, the government paints its own operation in just the opposite light,\" the defense wrote. \"In the government's telling, the FBI was faced with what was a credible and imminent threat, but sent an agent to pose as an al Qaeda member who did not know the first thing about al Qaeda or ISIS.\"\u003c/p>\n\u003cp>The government argues that Alhaggagi eventually stopped meeting with the undercover agent and abandoned his plans because he'd started to suspect a case was being built against him.\u003c/p>\n\u003cp>\"This narrative is simply false,\" the defense wrote. \"It was not because of a misstep by the UCE [undercover employee] that Mr. Alhaggagi never acted on the supposed plans. It was because Mr. Alhaggagi never intended to commit any act of terror to begin with.\"\u003c/p>\n\u003cp>\u003cstrong>Activity Moves Back Online\u003c/strong>\u003c/p>\n\u003cp>The FBI kept Alhaggagi under 24-hour surveillance for the following months, but agents never found any evidence that he had, in fact, ordered strychnine or taken any other significant steps — beyond talk — to carry out his plans.\u003c/p>\n\u003cp>He stopped consistently communicating with the undercover agent after Aug. 14, 2016, when the agent showed him barrels of fake explosive chemicals in a storage shed the FBI had rented, and surveilled, to store attack materials.\u003c/p>\n\u003cp>The agent approached Alhaggagi on the street in Oakland in late September, according the prosecution, and he agreed to meet for a meal, but then never showed up.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>Federal agents arrested Alhaggagi in late November, initially under suspicion of identity theft charges stemming from the defendant's practice of stealing credit card information from customers of the mobile phone store where he worked. He used the credit cards to buy several thousand dollars worth of clothes.\u003c/p>\n\u003cp>After the arrest and search of Alhaggagi's phones and other devices, agents discovered communications with a 17-year-old in Iraq who in late 2017 was arrested and admitted to facilitating online propaganda for the Islamic State, according to the prosecution.\u003c/p>\n\u003cp>They also found an electronic copy of a pro-Islamic State magazine, an Islamic State bomb-making manual accessed three days before Alhaggagi's arrest, and a statement written in Arabic outlining some of the plans he discussed with the undercover agent.\u003c/p>\n\u003cp>Agents didn't find a handgun Alhaggagi had allegedly shown the FBI undercover agent. They recovered additional video, allegedly taken by Alhaggagi in late June of 2016, weeks before he was identified by the FBI. The government says Alhaggagi can be heard speaking Arabic over video of a burning car, and he said that he caused the fire in the name of the Islamic State.\u003c/p>\n\u003cp>\u003cstrong>Plots Continued After Arrest?\u003c/strong>\u003c/p>\n\u003cp>Though further details about the allegation were filed under seal, the prosecution argues that two jailhouse informants say Alhaggagi continued to plot attacks on U.S. facilities after he was arrested.\u003c/p>\n\u003cp>The defense disputes the veracity of the jailhouse informants' claims and argues the court should not consider their statements.\u003c/p>\n\u003cp>For their part, Alhaggagi's friends and family submitted about a dozen letters pleading for leniency to the court. They describe the defendant as an immature joker who loved attention and seemed unable to notice when a prank went too far.\u003c/p>\n\u003cp>\"Amer Alhaggagi is not a terrorist,\" his defense attorney wrote. \"He is neither radicalized nor dangerous. Rather, as prominent radicalization expert Dr. Marc Sageman has found, the entire catalogue of his online output constituted the made-up imaginings of an immature prankster who felt trapped in a strict and traditional home. He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.\"\u003c/p>\n\u003cp>The prosecution argues that interpretation falls for one of Alhaggagi's many frauds.\u003c/p>\n\u003cp>\"If not for the quick-thinking actions of the FBI and its undercover agent, it is no exaggeration whatsoever to say that this sentencing likely would have been about counting the bodies of victims, instead of counting the number of fake Twitter accounts and false IDs,\" the prosecution wrote. \"There is no doubt as far as the government is concerned that Alhaggagi was prepared to go 'live.' Why else did he do research on the dangers of strychnine? Why else was he looking online for fake passports? Why else did he obtain a bomb manual from [the Islamic State]. Why else was the bomb manual not enough? ... This was no joke.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Amer Alhaggagi's defense argues he didn't intend to follow through on anything he said, and he didn't understand the seriousness of setting up social media accounts for members of the Islamic State.","status":"publish","parent":0,"modified":1548957836,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":55,"wordCount":2307},"headData":{"title":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area | KQED","description":"Amer Alhaggagi's defense argues he didn't intend to follow through on anything he said, and he didn't understand the seriousness of setting up social media accounts for members of the Islamic State.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","datePublished":"2018-12-14T13:15:23.000Z","dateModified":"2019-01-31T18:03:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11712239 https://ww2.kqed.org/news/?p=11712239","disqusUrl":"https://ww2.kqed.org/news/2018/12/14/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area/","disqusTitle":"Terrorist or Troll? Judge to Weigh Whether Oakland Man Really Intended to Attack Bay Area","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/12/EmslieTerrorSentencing.mp3","audioTrackLength":148,"path":"/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area","audioDuration":155000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. District Judge Charles Breyer is expected Monday to consider whether a now 23-year-old Oakland man actually meant the deluge of statements he made online and in person two years ago, describing a series of plans to \"redefine terror\" in the Bay Area by bombing gay nightclubs, setting a wildfire in the Berkeley Hills, distributing cocaine laced with poison and attacking UC Berkeley dorms, among other plots.\u003c/p>\n\u003cp>\"I want to make it to the point where every American here, like, thinks twice or three times before he leaves his home,\" Amer Sinan Alhaggagi said on video as he toured the East Bay on July 29, 2016, with an undercover FBI agent posing as an al-Qaida operative. \"That's the goal. ... All the burning, the explosives, the poison, all of that adds up to some conclusion, you know?\"\u003c/p>\n\u003cp>KQED has exclusively obtained excerpts of that video and other evidence in the case against Alhaggagi, set for sentencing on Monday. In a relatively unusual maneuver this summer, he pleaded guilty to attempting to provide support to a foreign terrorist organization — the Islamic State — with no assurances from the prosecution that he would receive a lighter sentence.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Oakland Man Pleads Guilty to Terrorism Charge, Plans to Litigate Case at Sentencing\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11681319/oakland-man-pleads-guilty-to-terrorism-charge-plans-to-litigate-case-at-sentencing\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/RS29855_COURTHOUSE_007-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>He essentially threw himself on the mercy of the court, said Stanford law professor Robert Weisberg.\u003c/p>\n\u003cp>\"I can understand why the defense thought the case was hopeless in terms of guilt because [the facts against Alhaggagi] are on their face pretty bad,\" Weisberg said. \"They really, really are.\"\u003c/p>\n\u003cp>He said Alhaggagi's defense attorney, Mary McNamara, knows what she's doing with the strategy to litigate her client's culpability at his sentencing hearing. The defense case essentially boils down to this: He didn't intend to follow through on anything that he said. He didn't understand the seriousness of setting up social media accounts for members of the Islamic State — the actual substance of the terrorism charge he faces. And he was essentially a troll, online and IRL, doing it for the LOLs.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\"The government spins an elaborate theory to explain why a supposed terrorist never took a single step to carry out any of his plots,\" the defense wrote in its sentencing memorandum. \"The government posits that Mr. Alhaggagi, an untrained 21 year old with the mentality of a teenager, is a criminal mastermind whose refusal to act is even \u003cem>bigger proof\u003c/em> that he is a terrorist.\"\u003c/p>\n\u003cp>Weisberg summarized the defense strategy in the case: \"You have to put in the context that this guy sort of ritually repeats horrible things that he’s heard elsewhere, and yes, there’s a risk that they’ll be taken seriously by others, but he’s a fool. He doesn’t know what he’s doing,\" he said.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The texts featured emojis (smiley faces) and the argot of teenagers on the internet (\"LOL\" for laugh out loud, \"LMAO\" for laughing my ass off) in response to claims of carnage and savagery.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>The stakes are high for Alhaggagi, who faces a wide range of potential prison sentences. His attorneys, the probation department's presentencing report and a defense expert on Islamic radicalization are all recommending a four-year sentence. The prosecution is arguing for 33 years in prison.\u003c/p>\n\u003cp>\"This is one of these cases where ultimately, I think, a wise judge is being asked to come up with something sensible,\" Weisberg said. \"This business about pleading without a deal ahead of time — it’s not a practice I’d recommend very widely, nor one sees very widely, but it may very well make sense here.\"\u003c/p>\n\u003cp>\u003cstrong>Case Begins Online\u003c/strong>\u003c/p>\n\u003cp>Already an accomplished fraudster and identity thief, Alhaggagi began discussing obtaining weapons and joining the Islamic State in Syria in an encrypted online chat room on July 19, 2016, according to the prosecution's sentencing memorandum. An FBI source was lurking in the chat.\u003c/p>\n\u003cp>That source contacted Alhaggagi two days later, but in this conversation, Alhaggagi offered to provide weapons to the FBI source. Over the next week, the two engaged in a wide-ranging encrypted conversation about weapons, bomb-making, terror and the defendant's \"mad crazy plans\" for the Bay Area, according to discussion of the chats in the government's sentencing memorandum.\u003c/p>\n\u003cp>\"[Y]ou kknow [sic] what they say, everyone is a gangster untile [sic] it's time to do gangster shit [emojis],\" Alhaggagi chatted. \"I'm gonna case [sic] millions of dollars worth of damages and \u003cem>inshallah\u003c/em> [God Willing] 100's of bodies.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003cspan style=\"color: #000000\">Read the Arguments\u003c/span>\u003c/h4>\n\u003cfigure>\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/07/RS26073_GettyImages-73534290-qut-1180x787.jpg\" alt=\"\">\u003c/figure>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432118-181204-Alhaggagi-Gov-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">United States' Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432077-181204-Alhaggagi-Def-Sentencing-Memo.html\" target=\"_blank\" rel=\"noopener\">Defendant's Sentencing Memorandum\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.documentcloud.org/documents/5432390-181204-Def-Sentence-Exhibit-a-Alhaggagi-Letter.html\" target=\"_blank\" rel=\"noopener\">Amer Alhaggagi Statement\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The specific emojis Alhaggagi used are not specified in the government's filing. His defense argues they provide important context.\u003c/p>\n\u003cp>\"The exchanges are vile, but read in context they are hard to take seriously,\" the defense's sentencing memorandum says. \"The texts featured emojis (smiley faces) and the argot of teenagers on the internet (“LOL” for laugh out loud, 'LMAO' for laughing my ass off) in response to claims of carnage and savagery.\"\u003c/p>\n\u003cp>The chat continued to Alhaggagi's plans to \"place a bomb in a gay club,\" and his statement that \"The whole bay area is gonna be up in flames,\" according to the excerpts of the chat in the government's sentencing arguments. Alhaggagi said his goal was now to \"get 10,000 pppl\" in a series of attacks. He discussed planting secondary bombs along routes that first responders would use to help casualties of his initial attack, according to the prosecution's filing.\u003c/p>\n\u003cp>\u003cstrong>FBI Identifies Alhaggagi\u003c/strong>\u003c/p>\n\u003cp>FBI agents identified Alhaggagi by comparing his screen names in the encrypted chats with a similarly named Twitter account, and tracing the location of that account to a cellphone store in Berkeley, according to the prosecution.\u003c/p>\n\u003cp>Agents also learned that he had recently applied to the Oakland Police Department, something he'd mentioned in his chats as a ploy to get him access to weapons.\u003c/p>\n\u003cp>An undercover FBI agent posing as a former al-Qaida operative in Afghanistan reached out to Alhaggagi and the two met in person on July 29, 2016.\u003c/p>\n\u003cp>\"When the agreed-upon time for the face-to-face meeting in Oakland came, it was ALHAGGAGI who stepped forward to introduce himself,\" the prosecution wrote.\u003c/p>\n\u003cp>\u003cstrong>The 'Quick-Thinking' FBI Agent\u003c/strong>\u003c/p>\n\u003cp>The following conversation between the agent and Alhaggagi was captured on a hidden camera in the agent's car.\u003c/p>\n\u003cp>Video excerpts attached to the prosecution's sentencing arguments begin with Alhaggagi discussing his plans to enter Islamic State-controlled territory through a town on the Turkey-Syria border, but he later discovered that IS was not in control of the town.\u003c/p>\n\u003cp>\"This description from Alhaggagi was in fact remarkably accurate,\" the prosecution wrote, citing the Islamic State's loss of the town to Kurdish forces in the summer of 2015.\u003c/p>\n\u003cp>Alhaggagi explained he received direction from Islamic State operatives to plan an attack in the Bay Area instead.\u003c/p>\n\u003cp>\"I've always wanted to do something here,\" he said.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/U9z1FBzHNOE'\n title='//www.youtube.com/embed/U9z1FBzHNOE'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>One plot involved lacing cocaine with strychnine — rodent poison — and distributing the deadly powder at nightclubs. Alhaggagi said he had already ordered the poison.\u003c/p>\n\u003cp>In what became a tour of Alhaggagi's alleged targets in the East Bay, the two men discussed planting bombs in UC Berkeley dorms, and Alhaggagi said, \"Yeah, I'd like to kill the students.\"\u003c/p>\n\u003cp>They then drove into the Berkeley Hills, where Alhaggagi suggested starting a wildfire \"and then it'll spread.\"\u003c/p>\n\u003cp>Alhaggagi said in a Dec. 4 statement to the court that he thought the FBI agent wasn't serious, but rather a \"wannabe who liked to talk big and was maybe pissed off for losing his job.\" Alhaggagi said he was continuing his online trolling in the meeting with the agent, mimicking his \"chat persona\" of an aspiring terrorist.\u003c/p>\n\u003cp>As they headed back to Oakland, the prosecution argues that Alhaggagi decided to vet the FBI agent, asking a series of pointed questions engineered to test the agent's knowledge of al-Qaida and the Islamic State.\u003c/p>\n\u003cp>In one response, the agent praised Iran, \"a critical misstep that raised ALHAGGAGI's suspicions,\" the government wrote, because Iran is majority Shiite country, and the Islamic State is aligned with Sunni Muslims.\u003c/p>\n\u003cp>The agent then didn't recognize the name of the current head of al-Qaida.\u003c/p>\n\u003cfigure id=\"attachment_11712441\" class=\"wp-caption alignnone\" style=\"max-width: 760px\">\u003cimg class=\"size-full wp-image-11712441\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg\" alt=\"A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct.\" width=\"760\" height=\"549\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot.jpg 760w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/pros-memo-screen-shot-160x116.jpg 160w\" sizes=\"(max-width: 760px) 100vw, 760px\">\u003cfigcaption class=\"wp-caption-text\">A portion of the prosecution's sentencing memorandum, summarizing Alhaggagi's conduct. \u003ccite>(Via the U.S. Attorney's Office for the Northern District of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"[T]he quick-thinking FBI UCE [undercover employee] tried valiantly to recover ... but the damage had already been done. ALHAGGAGI had been alerted — an al-Qaeda operative who did not immediately recognize the name of al-Qaeda's highest leader after the death of Osama bin Laden might not be an al-Qaeda operative at all.\"\u003c/p>\n\u003cp>The defense seized on an apparent contradiction in the government's arguments on this point, disputing the prosecution's characterization of Alhaggagi as a \"mastermind\" who employed tests and ruses to expose an undercover agent, \u003cem>after\u003c/em> he'd revealed his true identity and described his plans in great detail. And he continued to meet with the agent.\u003c/p>\n\u003cp>\"Remarkably, the government paints its own operation in just the opposite light,\" the defense wrote. \"In the government's telling, the FBI was faced with what was a credible and imminent threat, but sent an agent to pose as an al Qaeda member who did not know the first thing about al Qaeda or ISIS.\"\u003c/p>\n\u003cp>The government argues that Alhaggagi eventually stopped meeting with the undercover agent and abandoned his plans because he'd started to suspect a case was being built against him.\u003c/p>\n\u003cp>\"This narrative is simply false,\" the defense wrote. \"It was not because of a misstep by the UCE [undercover employee] that Mr. Alhaggagi never acted on the supposed plans. It was because Mr. Alhaggagi never intended to commit any act of terror to begin with.\"\u003c/p>\n\u003cp>\u003cstrong>Activity Moves Back Online\u003c/strong>\u003c/p>\n\u003cp>The FBI kept Alhaggagi under 24-hour surveillance for the following months, but agents never found any evidence that he had, in fact, ordered strychnine or taken any other significant steps — beyond talk — to carry out his plans.\u003c/p>\n\u003cp>He stopped consistently communicating with the undercover agent after Aug. 14, 2016, when the agent showed him barrels of fake explosive chemicals in a storage shed the FBI had rented, and surveilled, to store attack materials.\u003c/p>\n\u003cp>The agent approached Alhaggagi on the street in Oakland in late September, according the prosecution, and he agreed to meet for a meal, but then never showed up.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.' \u003ccite>Defense Sentencing Memorandum\u003c/cite>\u003c/aside>\n\u003cp>Federal agents arrested Alhaggagi in late November, initially under suspicion of identity theft charges stemming from the defendant's practice of stealing credit card information from customers of the mobile phone store where he worked. He used the credit cards to buy several thousand dollars worth of clothes.\u003c/p>\n\u003cp>After the arrest and search of Alhaggagi's phones and other devices, agents discovered communications with a 17-year-old in Iraq who in late 2017 was arrested and admitted to facilitating online propaganda for the Islamic State, according to the prosecution.\u003c/p>\n\u003cp>They also found an electronic copy of a pro-Islamic State magazine, an Islamic State bomb-making manual accessed three days before Alhaggagi's arrest, and a statement written in Arabic outlining some of the plans he discussed with the undercover agent.\u003c/p>\n\u003cp>Agents didn't find a handgun Alhaggagi had allegedly shown the FBI undercover agent. They recovered additional video, allegedly taken by Alhaggagi in late June of 2016, weeks before he was identified by the FBI. The government says Alhaggagi can be heard speaking Arabic over video of a burning car, and he said that he caused the fire in the name of the Islamic State.\u003c/p>\n\u003cp>\u003cstrong>Plots Continued After Arrest?\u003c/strong>\u003c/p>\n\u003cp>Though further details about the allegation were filed under seal, the prosecution argues that two jailhouse informants say Alhaggagi continued to plot attacks on U.S. facilities after he was arrested.\u003c/p>\n\u003cp>The defense disputes the veracity of the jailhouse informants' claims and argues the court should not consider their statements.\u003c/p>\n\u003cp>For their part, Alhaggagi's friends and family submitted about a dozen letters pleading for leniency to the court. They describe the defendant as an immature joker who loved attention and seemed unable to notice when a prank went too far.\u003c/p>\n\u003cp>\"Amer Alhaggagi is not a terrorist,\" his defense attorney wrote. \"He is neither radicalized nor dangerous. Rather, as prominent radicalization expert Dr. Marc Sageman has found, the entire catalogue of his online output constituted the made-up imaginings of an immature prankster who felt trapped in a strict and traditional home. He believed none of what he said, was surprised when anyone took him seriously and, in fact, is something of a coward.\"\u003c/p>\n\u003cp>The prosecution argues that interpretation falls for one of Alhaggagi's many frauds.\u003c/p>\n\u003cp>\"If not for the quick-thinking actions of the FBI and its undercover agent, it is no exaggeration whatsoever to say that this sentencing likely would have been about counting the bodies of victims, instead of counting the number of fake Twitter accounts and false IDs,\" the prosecution wrote. \"There is no doubt as far as the government is concerned that Alhaggagi was prepared to go 'live.' Why else did he do research on the dangers of strychnine? Why else was he looking online for fake passports? Why else did he obtain a bomb manual from [the Islamic State]. Why else was the bomb manual not enough? ... This was no joke.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24652","news_6115","news_19542","news_6780","news_18878","news_2249"],"featImg":"news_11712242","label":"news_72"},"news_54382":{"type":"posts","id":"news_54382","meta":{"index":"posts_1591205157","site":"news","id":"54382","score":null,"sort":[1327462228000]},"guestAuthors":[],"slug":"mendocino-county-ends-medical-pot-permitting-program","title":"Mendocino County Ends Medical Pot Permitting Program","publishDate":1327462228,"format":"aside","headTitle":"Mendocino County Ends Medical Pot Permitting Program | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_54429\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54429\" title=\"MCohen_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Matt Cohen, owner of Northstone Organics medical marijuana growers cooperative, discusses a November raid on his farm by the Drug Enforcement Agency. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>Bowing to \u003ca href=\"http://ww2.kqed.org/news/2012/01/11/prosecutors-move-to-shut-down-mendocino-pot-permit-program/\">federal pressure\u003c/a>, Mendocino County will no longer issue permits to medical marijuana growers. The County Board of Supervisors voted 4-1 to end the popular permit program, which was the first of its kind in the nation.\u003c/p>\n\u003cp>The vote also makes it illegal to cultivate more than 25 plants, reducing the amount from the previous limit of 99 plants. The county will not continue to issue permits, but will not prevent growers with existing permits — who are operating under state law — to continue growing a plot of 25 plants or less.\u003c/p>\n\u003cp>Dozens of medical marijuana growers who packed a conference room in Ukiah today expressed passionate support for the permitting program. One speaker who identified himself as Nick said the decision to stop regulating marijuana cultivation would be a boon for illegal growers.\u003c/p>\n\u003cp>“With no inspectors, no sheriffs, nothing like that present, it’s just going to bring back an era of lawlessness that we had before.”\u003c/p>\n\u003cp>But Supervisor Dan Hamburg said a \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/\">threatened lawsuit\u003c/a> by US Attorney Melinda Haag gave the county little choice but to stop issuing permits.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If I were a private citizen, I would be railing against the federal government, saying ‘we should put every last resource this county has to fighting the feds.’\u003c/p>\n\u003cp>But a fight between Mendocino County and the federal government would make David and Goliath look like a fair fight.”\u003c/p>\n\u003cp>The decision could force the county to lay off sheriff’s deputies due to a loss in fees earned from growers who participated in the permit program. Nearly 100 people signed up for last year’s pot harvest.\u003c/p>\n\u003cfigure id=\"attachment_54430\" class=\"wp-caption alignright\" style=\"max-width: 150px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54430\" title=\"NsOrg_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\" alt=\"Destroyed marijuana plant.\" width=\"150\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">This plant is one of 99 that were destroyed in a November 2011 raid on Northstone Organics. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>KQED News and \u003ca href=\"http://californiawatch.org/category/special-project/republic-cannabis\">California Watch\u003c/a> have \u003ca href=\"http://www.kqed.org/news/bayarea/republicofcannabis/\">collaborated in covering\u003c/a> thriving medical marijuana industry in the state, as well as the federal government’s \u003ca href=\"http://ww2.kqed.org/news/2011/10/14/northstone-organics-matt-cohen-mendocino-county-sheriff-tom-allman-on-yesterdays-dea-raid/\">crackdown\u003c/a> on local medical marijuana growers. Mendocino County’s permitting program was the subject of a KQED TV Special, “\u003ca href=\"http://www.youtube.com/watch?v=2bFUASotNXk\">The Republic of Cannabis\u003c/a>,” which aired last summer.\u003c/p>\n\u003cp>Recently we conducted \u003ca href=\"http://ww2.kqed.org/news/2012/01/17/mendocino-county-pot-permit-program/\">extensive interviews\u003c/a> with Tommy LaNier, who directs the White House-funded National Marijuana Initiative and opposes legalized marijuana and \u003ca href=\"http://www.co.mendocino.ca.us/bos/mccowen2009.htm\">John McCowen\u003c/a>, the chairman of the Mendocino Board of Supervisors who helped design the ordinance.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Back in October, the Drug Enforcement Agency raided the growers cooperative \u003ca href=\"http://ww2.kqed.org/news/tag/northstone-organics/\">Northstone Organics\u003c/a>. This surprised many medical marijuana supporters, in part because Matt Cohen’s was considered to be a model business in the Mendocino County permitting program. Here are post-raid follow up interviews with Cohen, Supervisor McCowen and federal officials:\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1685490020,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":483},"headData":{"title":"Mendocino County Ends Medical Pot Permitting Program | KQED","description":"Bowing to federal pressure, Mendocino County will no longer issue permits to medical marijuana growers. The County Board of Supervisors voted 4-1 to end the popular permit program, which was the first of its kind in the nation. The vote also makes it illegal to cultivate more than 25 plants, reducing the amount from the","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Mendocino County Ends Medical Pot Permitting Program","datePublished":"2012-01-25T03:30:28.000Z","dateModified":"2023-05-30T23:40:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/54382/mendocino-county-ends-medical-pot-permitting-program","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_54429\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54429\" title=\"MCohen_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/MCohen_PostRaid012412.jpg\" alt=\"\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Matt Cohen, owner of Northstone Organics medical marijuana growers cooperative, discusses a November raid on his farm by the Drug Enforcement Agency. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>Bowing to \u003ca href=\"http://ww2.kqed.org/news/2012/01/11/prosecutors-move-to-shut-down-mendocino-pot-permit-program/\">federal pressure\u003c/a>, Mendocino County will no longer issue permits to medical marijuana growers. The County Board of Supervisors voted 4-1 to end the popular permit program, which was the first of its kind in the nation.\u003c/p>\n\u003cp>The vote also makes it illegal to cultivate more than 25 plants, reducing the amount from the previous limit of 99 plants. The county will not continue to issue permits, but will not prevent growers with existing permits — who are operating under state law — to continue growing a plot of 25 plants or less.\u003c/p>\n\u003cp>Dozens of medical marijuana growers who packed a conference room in Ukiah today expressed passionate support for the permitting program. One speaker who identified himself as Nick said the decision to stop regulating marijuana cultivation would be a boon for illegal growers.\u003c/p>\n\u003cp>“With no inspectors, no sheriffs, nothing like that present, it’s just going to bring back an era of lawlessness that we had before.”\u003c/p>\n\u003cp>But Supervisor Dan Hamburg said a \u003ca href=\"http://ww2.kqed.org/news/2011/10/07/california-u-s-attorneys-issue-statement-on-targeting-marijuana-industry/\">threatened lawsuit\u003c/a> by US Attorney Melinda Haag gave the county little choice but to stop issuing permits.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If I were a private citizen, I would be railing against the federal government, saying ‘we should put every last resource this county has to fighting the feds.’\u003c/p>\n\u003cp>But a fight between Mendocino County and the federal government would make David and Goliath look like a fair fight.”\u003c/p>\n\u003cp>The decision could force the county to lay off sheriff’s deputies due to a loss in fees earned from growers who participated in the permit program. Nearly 100 people signed up for last year’s pot harvest.\u003c/p>\n\u003cfigure id=\"attachment_54430\" class=\"wp-caption alignright\" style=\"max-width: 150px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-54430\" title=\"NsOrg_PostRaid012412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/01/NsOrg_PostRaid012412.jpg\" alt=\"Destroyed marijuana plant.\" width=\"150\" height=\"150\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">This plant is one of 99 that were destroyed in a November 2011 raid on Northstone Organics. Image courtesy of the Center for Investigative Reporting.\u003c/figcaption>\u003c/figure>\n\u003cp>KQED News and \u003ca href=\"http://californiawatch.org/category/special-project/republic-cannabis\">California Watch\u003c/a> have \u003ca href=\"http://www.kqed.org/news/bayarea/republicofcannabis/\">collaborated in covering\u003c/a> thriving medical marijuana industry in the state, as well as the federal government’s \u003ca href=\"http://ww2.kqed.org/news/2011/10/14/northstone-organics-matt-cohen-mendocino-county-sheriff-tom-allman-on-yesterdays-dea-raid/\">crackdown\u003c/a> on local medical marijuana growers. Mendocino County’s permitting program was the subject of a KQED TV Special, “\u003ca href=\"http://www.youtube.com/watch?v=2bFUASotNXk\">The Republic of Cannabis\u003c/a>,” which aired last summer.\u003c/p>\n\u003cp>Recently we conducted \u003ca href=\"http://ww2.kqed.org/news/2012/01/17/mendocino-county-pot-permit-program/\">extensive interviews\u003c/a> with Tommy LaNier, who directs the White House-funded National Marijuana Initiative and opposes legalized marijuana and \u003ca href=\"http://www.co.mendocino.ca.us/bos/mccowen2009.htm\">John McCowen\u003c/a>, the chairman of the Mendocino Board of Supervisors who helped design the ordinance.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Back in October, the Drug Enforcement Agency raided the growers cooperative \u003ca href=\"http://ww2.kqed.org/news/tag/northstone-organics/\">Northstone Organics\u003c/a>. This surprised many medical marijuana supporters, in part because Matt Cohen’s was considered to be a model business in the Mendocino County permitting program. Here are post-raid follow up interviews with Cohen, Supervisor McCowen and federal officials:\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/54382/mendocino-county-ends-medical-pot-permitting-program","authors":["245"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_2582","news_102","news_431","news_446","news_2248","news_1982","news_2250","news_2249"],"featImg":"news_54429","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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