Political MoJo

What We Know About the Tsarnaev Brothers' Guns

| Tue Apr. 23, 2013 3:22 PM PDT

We still don't have a full account of where and how the Tsarnaev brothers obtained the firearms and explosives they allegedly used in the deadly attacks that began on April 15 at the Boston Marathon. Here are the details about their guns that have emerged so far:

How may firearms did they have?
Along with several pipe bombs, law enforcement officials recovered four guns they believed the Tsarnaevs used, according to a report in the New York Times (Update: officials are now saying only one 9 mm handgun was recovered.) Authorities believe three of the firearms—two handguns of unspecified makes and models, and a BB gun—were used in the dramatic early morning shootout with police in Watertown that left Tamerlan dead.

Did they have military-grade weapons?
The other gun, described by the Times as an M-4 carbine rifle "similar to ones used by American forces in Afghanistan," was reportedly found on the boat in the Watertown driveway where Dzhokhar was captured. It is unclear whether the rifle is a semi-automatic civilian model or the selective-fire model used by the military.

What gun laws would they have been subject to?
Both Dzhokhar and Tamerlan Tsarnaev were residents of Massachusetts, a state with strict gun laws including a ban on assault weapons and magazines holding more than 10 rounds of ammunition. Along with Washington, D.C., Massachusetts is one of just seven states with some form of assault weapons ban. No such restrictions exist under federal law, but if the M-4 is a selective-fire model it would fall under the highly restrictive National Firearms Act of 1934 that requires the registration of automatic weapons.

Did they have gun permits? Could they have gotten any?
Reuters reported that neither brother had a valid handgun permit in the state of Massachusetts. Because he is younger than 21, Dzhokhar could not have legally owned a handgun even with a permit. He also did not have the firearms identification card he would have needed to legally possess a semi-automatic rifle with a 10-round magazine. BB guns don't require licensing for non-minors in Massachusetts.

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Facebook Shoots Down Giveaways of Assault Weapons

| Tue Apr. 23, 2013 1:21 PM PDT

The months since the Newtown massacre have seen an explosion of gun and ammo giveaways on Facebook. For some gun enthusiasts, scoring a free AR-15 assault weapon has been as easy as clicking a "like" button on the Facebook page of a firearms marketer such as 556 Tactical, Pittsburgh Tactical, or AR15News.com. Since December, the number of gun and ammo giveaways on the social networking site has increased seven-fold, according to research by the media startup Vocativ:

Facebook has allowed companies to give away guns as sweepstakes prizes since 2011. However, a Facebook spokesperson told Vocativ that the sweepstakes in question are technically ads, and therefore still violate a Facebook policy banning "the promotion and sale of weapons." As of yesterday, the Facebook pages of the three major firearms marketers had been taken down, though Facebook apparently still allows assault weapons giveaways as long as they aren't used as tools for selling guns.

Rand Paul Agrees Tsarnaev Is No 'Enemy Combatant'

| Tue Apr. 23, 2013 11:42 AM PDT

It hasn't made as many headlines as his marathon filibuster over drones, but Monday Senator Rand Paul (R-Ky.) told Fox Business host Neil Cavuto Monday that he supports trying Boston Marathon bombing suspect Dzhokhar Tsarnaev in court rather than holding him as an "enemy combatant." 

Here's the transcript of their exchange (emphasis added):

PAUL: Well, you know, I want to congratulate law enforcement for getting and capturing these terrorists, first of all. But, what we do with them, you know. I think we can still preserve the Bill of Rights. I see no reason why our Constitution is not strong enough to convict this young man with a jury trial, with the Bill of Rights, we do it to horrible people all of the time, rapists and murderers. They get lawyers, they get trials with juries. And we seem to be able to do a pretty good job of justice. So I think we can do it through our court system.

CAVUTO: All right, so the whole, enemy combatant thing is a moot point for you. The fact is that an American citizen will be served American justice. And will get -- he will get, if guilty, his just deserts.

PAUL: You know, when I talk to our young soldiers, and my wife and I have been working, we're trying to build houses for some of these wounded veterans, who've really sacrificed their bodies literally, they tell me they are fighting for the Constitution and the Bill of Rights, and I believe them. And I know that that's what they represent, I think they are disheartened to think, oh, we're going to just tell people, oh, no jury trial any more. So I think it is something worth standing up for. 

Law enforcement has yet to turn up any evidence of an operational connection between the Tsarnaev brothers Al Qaeda or its affiliates. Without such evidence, holding Tsarnaev as an "enemy combatant" is probably illegal. Paul's support for the Obama administration's decision to try Dzhokhar in criminal court without holding him in military detention first has not received much attention. That may be because Paul also suggested that immigration from Chechnya should be restricted in the wake of the marathon attacks.

The Tsarnaev brothers are of Chechen descent. But they emigrated to the US from Dagestan, not Chechnya. Tamerlan was 15 and Dzhokhar was eight. Presumably they hadn't yet begun planning to bomb the Boston Marathon. 

Study: Siri Doesn't Make Texting While Driving Any Safer

| Tue Apr. 23, 2013 11:11 AM PDT

April is Distracted Driving Awareness Month, a time when safety and transportation experts beg, plead and cajole Americans to put down their phones while driving, lest they become a murderer behind the wheel. It's a thankless job, as American drivers suffer from some serious delusions about their abilities to pilot a car safely while texting their girlfriends, shopping on eBay, or dialing in to Rush Limbaugh. Despite the fact that a quarter of all motor vehicle crashes today involve cellphone use, Americans still think it's only other drivers who are the problem. More than 90 percent of drivers think other drivers texting or using cellphones behind the wheel are a threat to their personal safety, yet two in three of them do it anyway, according to the AAA Foundation for Traffic Safety.

Elected officials have been reluctant to address the problem, passing legislation that reinforces drivers' delusions—like the law here in DC that allows people to drive and talk on the phone so long as they use a hands-free device, even though there's no evidence that talking on a Bluetooth is any safer than just holding up the old phone. (Spend some time in DC cabs to get a sense of how well this law is working out.)

Phone companies have been trying to come up with technical solutions that might head off further attempts by lawmakers to curb cellphone use while driving. The latest of these has been the suggestion that Siri can help. The idea is that simply talking to your phone to send a text rather than punching in the message would somehow allow people to keep their eyes on the road and drive safely while texting. As it turns out, the notion that an app will save lives is as faulty as the promise that the Bluetooth would.

A new study out from the Texas A&M Transportation Institute this month found that:

  • Driver response time was terrible regardless of whether the driver was manually texting or using Siri.
  • Texting drivers of any sort took twice as long to react to roadway hazards than when they were off the phone.
  • Texting drivers spent a lot of time not looking at the road, regardless of whether they were using a voice-to-text app.
  • Manual texting was actually quicker than using a voice app, but driving performance was equally bad in both cases.

The new study also found a new form of distracted driving delusions: Drivers felt less safe when they were texting, but they felt safer using a voice app than texting manually, even though their performance on the road was equally dangerous. 

Moral of the story: When you get behind the wheel of a motor vehicle, just put down the damn phone! And just as a chilling reminder of why this is important, watch this video:

Max Baucus Votes Against Gun Control—And Then Retires

| Tue Apr. 23, 2013 10:55 AM PDT
Max BaucusSen. Max Baucus (D-Mont.) cast a critical vote against President Obama's gun control agenda—then he retired.

Last Wednesday, Sen. Max Baucus (D-Mont.) was one of four Democrats to vote against the Manchin–Toomey amendment to extend background checks to private gun sales. His vote helped kill the bill. On Tuesday, Baucus announced he would be retiring from the Senate at the end of next year.

Baucus' vote made some sense at the time, considering that Montana has more gun businesses per capita than any other state (it's not even close). But now that he's officially a lame-duck, the decision is a bit more curious. It's possible that Baucus really does think extending background checks are a stupid idea and stood on principle. It's also possible that Baucus was simply being loyal to his allies in the firearms industry (He has a lifetime A+ rating from the National Rifle Association). But given the intense lobbying effort from President Obama—and the fact that the senator's former chief of staff and campaign manager, Jim Messina, was leading the effort by Organizing for Action, the president's re-purposed campaign organization, to build support for the background check measure—you can understand why the most common reaction on the left to Baucus' retirement was "good riddance."

The background checks vote is just one of many reasons why liberals won't miss Baucus, the Senate Finance Committee chairman whose office came to embody the term "revolving door." Twenty-eight (28!) former Baucus staffers are currently employed as tax lobbyists. The senior counsel who drafted the health care legislation that would become the Affordable Care Act came back to Baucus' offices after several years at the health care giant Wellpoint. (The Onion perhaps best summarized the liberal Baucus-hate here.)

That said, Baucus did have some redeeming qualities. Here are three interesting things I discovered while reporting on former-Rep. Denny Rehberg, the man he beat in his 1996 re-election fight:

  1. A River Runs Throught It was filmed on Baucus' ranch.
  2. Twice—in 1978 and in 1996—Baucus walked the length of the state (820 miles) from East to West.
  3. When Rehberg decided to run for Congress in 1999, Baucus' brother, John, signed a contract to care for Rehberg's 600 cashmere goats.

Baucus' most talked-about potential replacement is former two-term Democratic Gov. Brian Schweitzer, who had hinted at a run earlier this year. Here's a video of Schweitzer vetoing a piece of legislation with a cattle brand:

We're Still at War: Photo of the Day for April 23, 2013

Tue Apr. 23, 2013 7:26 AM PDT

Lance Cpl. Pablo Perez, a rifleman with Kilo Company, 3rd Battalion, 4th Marine Regiment, provides security during Counter Improvised Explosive Device training at Camp Leatherneck, Helmand province, Afghanistan, April 3, 2013. U.S. Marine Corps photo by Sgt. Tammy K. Hineline.

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Why Facial-Recognition Technology Didn't Help ID the Tsarnaevs

| Tue Apr. 23, 2013 7:01 AM PDT

You know how it's supposed to work. There's a movie about the future with a bad guy and some good guys. The good guys scan a picture of the bad guy into a computer, the computer quickly cross-references the image against enormous, ominous databases, up pops his name, and they go after him.

Not so much in real life.

For a few hours each year, during the Boston Marathon, the 600 block of Boylston Street is the most photographed place on Earth, what with all the family, friends, tourists, news crews, and commercial photographers. So it was a perfect setting for the FBI to make use of facial-recognition technology. But even though Dzhokhar and Tamerlan Tsarnaev's images existed in official databases, the brothers were not identified that way—because we just aren't that advanced yet.

Facial-recognition technology turns a photograph into a biometric template that can be matched with photos attached to names in other databases. Last summer, the FBI launched a $1 billion facial-recognition program called the Next Generation Identification (NGI) project as a pilot in several states. Once fully implemented, the security program is designed to include some 12 million searchable mug shots as well as voice recognition and iris scans. The FBI would not confirm if the program is being piloted in Massachusetts, but even if it were, it may not have been useful since it is unclear whether the brothers had criminal records. But the FBI also has access to the State Department's passport and visa facial-recognition databases, and can get similar DMV information from the 30-odd states that have it, including Massachusetts. Both brothers had Massachusetts driver's licenses, so it would seem they would be traceable. (Tamerlan's name was also included in a federal government travel-screening database in 2011 after the FBI investigated him for possible terrorist activity at Russia's request, but the government's databases related to immigration, customs, and border-related interactions do not yet have facial-recognition capabilities.)

But in order for facial recognition to work, you need a high-quality frontal photo of the face you want matched. If you have that, research shows, you can pick a suspect out of more than a million mug shots 92 percent of the time. But the image that the FBI captured of the Tsarnaevs from surveillance camera images was grainy and taken from far away, which would have drastically limited the effectiveness of the technology.

Paul Schuepp, CEO and president of Animetrics, one of the facial-recognition companies the FBI contracts with, says that by the time the suspects' faces were zoomed in on, there were only a few dozen pixels per face. "When you've got like five pixels between the eyes, you're done," he says. "There's just not enough data on the face [and] the computer has a impossible time." Schuepp says that the Tsarnaevs' faces were also angled away from the camera, and Tamerlan's sunglasses and hat didn't help either. "Some [news] networks were saying they got good pictures, but the pictures really sucked," he says.

Instead, the FBI released the photos of the two suspects last Thursday and depended on old-fashioned eyeballs to do the work. "It’s likely that the breakthroughs in the case were made by sharp-eyed investigators," Bloomberg News reported, "spotting one of the suspects dropping a bag at the site of one of the two bombings in the surveillance footage, then matching the face with an image from the security camera of the 7-Eleven in Cambridge" that was the scene of an armed robbed on Thursday. Jeff Bauman, the runner who lost both his legs in the explosion, also helped ID the suspects after he woke up in the hospital.

"Even at a distance, as a human being you could recognize that person," Schuepp says.

But facial-recognition technology has been used successfully in another bombing case; it helped in the investigation of of the Times Square bombing attempt in in 2010. And the FBI is hard at work to expand the NGI program. Bloomberg News reported that "the Pentagon's Defense Advanced Research Projects Agency and the NYPD have also expressed interest in more exotic technologies, including one that analyzes people's gait for clues as to whether they're carrying a bomb. Programmers are developing machine vision techniques that can link images of the same person across different video cameras or spot behaviors that are out of the ordinary for a certain setting (e.g., leaving a bag unattended in a public place)."

Civil libertarians worry that eventually these kinds of technologies could soon become all too effective, tracking people in the streets whether they’re suspected of a crime or not. And the Rutherford Institute, a civil liberties group, calls the NGI a huge boondoggle. "With technology moving so fast and assaults on our freedoms, privacy and otherwise, occurring with increasing frequency," charged the group in a September 2012 statement on the NGI project, "there is little hope of turning back this technological, corporate, and governmental juggernaut."

This article has been revised.

"60 Minutes" on Their Pro-Assad Twitter Hack: We're Working on It

| Mon Apr. 22, 2013 4:40 PM PDT

On Saturday evening, the 60 Minutes Twitter feed began looking suspiciously authoritarian and conspiracy-minded:

60 minutes Syria assad hack

 

Needless to say, this is not how the investigative news program typically does business. The torrent of anti-Americanism is widely believed to have been the result of hacking by pro-Assad elements irked by the State Department's announcement on Saturday that the US would double non-lethal assistance to the Syrian opposition and provide new humanitarian aid. Since Saturday, the 60 Minutes Twitter account (as well as CBS' 48 Hours account) have been suspended.

"We are resolving the issue with Twitter now," a spokesman for 60 Minutes told me late Monday afternoon, insisting on anonymity. (At the time of this post's publication, the show's account remained suspended.)

CBS is hardly the first institution targeted by the armada of pro-Assad, pro-mass murder hackers. Since early 2012, the loosely defined Syrian Electronic Army (yes, that's SEA) has disrupted the online and social-media operations of NPR, BBC Weather, AFP, Reuters, FRANCE 24, Al Jazeera, Human Rights Watch, and others. A Twitter account associated with the group was indeed recently suspended, though there's no indication of US government involvement.

"We had a breach that stemmed from a successful spearphishing attack," Emma Daly, communications director at Human Rights Watch, says, regarding the incident in March. "Someone was able to get access and post a message on the site, and posted it in such a way that it was automatically sent to our Twitter feed...I don't want to say it was a minor [incident], but it was not a sophisticated attack. [Whoever did it] obviously didn't like our reporting on Syria."

UPDATE (4/23, 4:18 p.m. EDT): The Syrian Electronic Army claimed responsibility for hacking the Associated Press Twitter account on Tuesday, and sending out a Tweet falsely claiming that President Obama had been injured after two explosions rocked the White House. That tweet caused a brief stock market panic.

UPDATE (4/24, 8:30 p.m. EDT): The 60 Minutes Twitter account is no longer suspended.

Big Surprise: Kris Kobach Still Believes in Self-Deportation

| Mon Apr. 22, 2013 2:56 PM PDT

Remember how the Mitt Romney-espoused "self-deportation" rhetoric was supposed to end up in the dustbin of history following President Obama's huge margins among Latino voters back in November? Apparently no one told Kris Kobach.

The Kansas secretary of state and intellectual author of harsh laws in states like Arizona and Alabama was back at it again earlier today, this time at the Senate Judiciary Committee's hearings on the Gang of Eight's immigration bill. In response to questions from Sen. Dick Durbin (D-Ill.), Kobach said that "self-deportation is not some radical idea. It is simply the idea that people may comply with the law by their own choice."

The poised Kobach has seemed undeterred by his party's shift away from the attrition-through-enforcement framework, telling the Kansas City Star in February, "It's not my voice—it's the voice of the American people." (Just a couple of days earlier, for example, Newt Gingrich had appeared on CNN's The Situation Room and said of self-deportation, "That is the most anti-human phrase you can imagine…I think it was very unfortunate and frankly helped cost us the election.")

But Durbin, a longtime immigrant advocate and one of the original cosponsors of the DREAM Act, was all too happy to remind Kobach of the GOP's lingering Latino (and Asian American) problem. "The voters had the last word on self-deportation on November 6th," he said. "So we're beyond that now. You can stick with that theory as long as you'd like."

If his testimony is any indication, Kobach won't be changing his tune anytime soon.

The 11 Most Mystifying Things the Tsarnaev Brothers Did

| Mon Apr. 22, 2013 1:53 PM PDT
DzhokarDzhokar Tsarnaev was found by police hiding in a boat after a nearly 24-hour manhunt in Watertown, Mass.

On Monday, it became official: Dzhokhar Tsarnaev was charged with "use of a weapon of mass destruction" and "malicious destruction of property resulting in death" for his alleged role in last Monday's bombing of the Boston marathon. The federal criminal complaint comes three days after police captured Tsarnaev in a boat in Watertown, Massachusetts, and four days after a manhunt for these specific suspects began in earnest. For the time being, law enforcement officials believe Dzhokhar and his older brother, Tamerlan, who was killed Friday, acted alone.

Dzhokhar and Tamerlan's motive—or motives—is still unclear. But that's not the only unknown. Many of the Tsarnaevs' actions last week seem baffling in retrospect. Here are some of the most confounding things they did:

  1. Wear a backwards hat and no sunglasses. Unlike his older brother, Dzhokhar made little effort to prevent cameras from capturing his face, making him easier to identify when the FBI released security camera photos on Thursday. Indeed, classmates at University of Massachusetts–Dartmouth did see him in the photos, but dismissed the similarity because it seemed so far-fetched.
  2. Not react to the explosions. For three days, investigators pored over all available photos and surveillance videos of the blast area searching for abnormal reactions. The complaint filed in federal court on Monday specifically cites Dzhokhar's reaction to the first explosion as a giveaway; per the complaint, he glanced in the direction of the first blast only briefly.
  3. Leave the car in the shop. The Wall Street Journal reported that Dzhokhar stopped by an auto-body shop in Watertown on Tuesday to pick up the Mercedes he'd brought in for repairs.
  4. Stay in Boston. The second bomb exploded at 2:49 p.m. last Monday. Tamerlan carjacked a Mercedes at 10:39 p.m.* on Thursday. What did they do in the interim three days? Go to the gym, check in on their busted car, and, in Dzhokhar's case, go to a party on the UMass–Dartmouth campus. During the three-day window in which their involvement was unknown, they made no attempt to flee.
  5. Kill an MIT police officer. Why did the brothers shoot 26-year-old Sean Collier? The murder at 10:30 p.m. on Thursday set in motion the events that would ultimately lead to their capture.
  6. Run out of cash. When Tamerlan carjacked a Mercedes on Thursday night, he and his brother had one thing in mind: Get cash, and fast. They emptied $800 from an ATM using their victim's PIN number, before they reached the account limit. Holding up a stranger for money suggests a woeful lack of planning on their part (they hadn't budgeted) that helped alert them to the authorities.
  7. Not understand how ATMs work. After reaching the daily withdrawal limit at one ATM, the Tsarnaevs, apparently not realizing that the machines are part of an interconnected system, decided to try their luck at two different machines. The quest to find a working ATM was how they ended up, coincidentally, at a 7/11 in Cambridge around the same time it was the scene of an armed robbery, and were spotted on the store security camera.
  8. Confess to the hostage. According to the complaint, when Dzhokhar got into the Mercedes, he immediately told the driver, "Did you hear about the Boston explosion? I did that." That meant their cover would be immediately blown if the driver escaped. Which brings us to…
  9. Stop for snacks. The Los Angeles Times reported that the hostage escaped after the brothers stopped at a gas station on Memorial Drive to buy snacks.
  10. Keep the hostage's phone. The Tsarnaevs continued on without their hostage—but they did have his phone, which allowed police to track their location via GPS.
  11. Bring a BB gun. The weapons used by the two suspects, according to police: a pressure-cooker bomb, seven IEDs, an M4 carbine, two handguns, and a BB gun. Why a BB gun?

Update: This Boston Globe interview with the carjack victim goes a long way toward answering question nine.

*Correction: This piece initially confused the timing of the bombing and carjackings, as well as the identity of the carjacker.