OKLAHOMA CITY — The Cherokee Nation sued distributors and retailers of opioid medications on Thursday, alleging the companies have contributed to “an epidemic of prescription opioid abuse” within the tribe and have not done enough to prevent tribal members from acquiring illegally prescribed opioid painkillers.
The lawsuit alleges that six distribution and pharmacy companies have created conditions in which “vast amounts of opioids have flowed freely from manufacturers to abusers and drug dealers” within the 14 northeastern Oklahoma counties that comprise the Cherokee Nation.
The tribe argues the companies regularly turn a “blind eye” to opioid prescriptions that would require further investigation before pills are dispensed. The lawsuit also alleges the companies have pursued profits instead of trying to reduce opioid-related addition that has taken the lives of hundreds of Cherokee citizens and cost the tribe hundreds of millions of dollars in health care costs.
“Defendants have created an environment in which drug diversion can flourish,” the lawsuit states.
The lawsuit, filed in the Cherokee Nation District Court, names as defendants distributors AmerisourceBergen, Cardinal Health Inc. and McKesson Corp., and pharmacies CVS Health, Walgreens Boots Alliance Inc. and Wal-Mart Stores Inc.
AmerisourceBergen spokesman Gabriel Weissman released a statement saying the company stops the shipment of orders it believes are suspicious.
“The issue of opioid abuse is a complex one that spans the full health care spectrum, including manufacturers, wholesalers, insurers, prescribers, pharmacists and regulatory and enforcement agencies,” Weissman said.
Cardinal Health said in a statement that it will defend itself against the allegations and believes the lawsuit does not advance “the hard work needed to solve the opioid abuse crisis – an epidemic driven by addiction, demand and the diversion of medications for illegitimate use.”
CVS Health said it has stringent policies and procedures to determine whether a controlled substance prescription was issued for a legitimate medical purpose before a pharmacist fills it. Walgreens said it does not comment on pending legislation.
Wal-Mart and McKesson did not immediately respond to requests for comment.
The lawsuit seeks to make the companies accountable for creating an oversupply of the drugs, said special counsel Richard Fields, an attorney for the tribe in Washington, D.C.
“We’re hoping that this case and others like it will put a focus on the supply is too great,” Fields said.
TOKYO — China issued a stern warning Friday to both the United States and North Korea, urging them not to push their recriminations to a point of no return and allow war to break out on the Korean Peninsula.In comments carried by China’s official Xinhua news agency, Foreign Minister Wang Yi said “storm clouds” were gathering, an apparent reference to North Korean preparations to conduct a new nuclear test and the United States’ deployment of a naval strike force to the waters off the peninsula. In addition, the U.S. military has been conducting large-scale military exercises with South Korean forces, drills that the North considers provocative.
“The United States and South Korea and North Korea are engaging in tit for tat, with swords drawn and bows bent,” Wang said at a news conference after a meeting with visiting French Foreign Minister Jean-Marc Ayrault, Xinhua reported. “We urge all parties to refrain from inflammatory or threatening statements or deeds to prevent irreversible damage to the situation on the Korean Peninsula.”
If they allow war to break out on the peninsula, they must bear the historical responsibility and “pay the corresponding price,” Wang warned. In the event of war, “multiple parties will lose, and no one will win,” he said. “It is not the one who espouses hasher rhetoric or raises a bigger fist that will win.”
Wang also indicated that China is willing to broker a resumption of “dialogue,” whether it be “official or unofficial, through one channel or dual channels, bilateral or multilateral.”
President Trump spoke highly of Chinese President Xi during a press conference at the White House on April 12, but avoided commenting directly on the decision not to label China a currency manipulator. “We’re going to see,” he said when asked if a deal was struck. (White House)
Earlier Friday, North Korea accused President Trump of “making trouble” with his “aggressive” tweets, amid concerns that tensions between the two countries could escalate into military action.
And the North Korean army threatened to annihilate U.S. military bases in South Korea and the presidential palace in Seoul in response to what it called Trump’s “maniacal military provocations.”
Tensions have been steadily mounting in recent weeks, as North Korea prepares for what it is calling a “big” event to mark the anniversary of the founder’s birthday Saturday, while the Trump administration warns that all options are on the table.
Expectations for a nuclear test or missile launch in the lead-up to Saturday’s celebrations in Pyongyang have not come to pass. Instead, there are signs that the regime is getting ready to hold a huge parade this weekend, perhaps showing off new missiles — something that would qualify as the “big” event it had heralded.
The United States has sent an aircraft carrier strike group to the Korean Peninsula region, and Trump has repeatedly tweeted that if China will not use its leverage to rein in North Korea, the United States will act.
Vice President Pence arrives in Seoul on Sunday on the first leg of an Asia tour, and he will doubtless underscore Washington’s strong alliances with South Korea and Japan and their determination to stop North Korea’s nuclear weapons program.
From mass dances to going to the zoo, a glimpse inside the Hermit Kingdom.
But North Korea’s vice foreign minister said Trump was “becoming more vicious and more aggressive” than previous presidents, which was only making matters worse.
“Trump is always making provocations with his aggressive words,” Han Song Ryol told the Associated Press in an interview in Pyongyang. “So that’s why. It’s not the DPRK but the U.S. and Trump that makes trouble,” he said, using the abbreviation for the Democratic People’s Republic of Korea, as North Korea is officially known.
Han also repeated the regime’s common refrain that North Korea is ready to act to defend itself.
“We’ve got a powerful nuclear deterrent already in our hands, and we certainly will not keep our arms crossed in the face of a U.S. preemptive strike,” Han told the AP.
As for when the next nuclear test would take place, “that is something that our headquarters decides,” he said.
His message chimed with a statement Friday from North Korea’s Institute for Disarmament and Peace that it was the United States pushing the Korean Peninsula, “the world’s biggest hotspot,” to the brink of war by bringing back a naval strike group.
“This has created a dangerous situation in which a thermonuclear war may break out any moment on the peninsula and pose a serious threat to the world’s peace and security,” the statement said.
North Korea has a habit of fueling tensions to increase the rewards it might extract from the outside world if it desists. Previously, North Korea has agreed to return to denuclearization talks in return for aid or the easing of sanctions.
Trump is tearing up that old playbook, analysts said.
“This approach to North Korea is relatively new,” said James Kim of the Asan Institute of Policy Studies in Seoul. “The approach in the past has been very calculated.”
That has gone out the window with talk about military options, he said. “We always knew all these options were there, but no one was bold enough to go down that path. It’s a new approach.”
Some in Beijing are noting the difference, too.
“It should be noted that there is a personality difference between Trump and Obama,” the Global Times newspaper wrote Friday. The paper does not speak for the Chinese government on policy but often reflects a strain of thinking within the Communist Party.
“Trump is also willing to show he is different. Bombing Syria helps him to show that,” it continued, while noting that he was far from “revolutionary” because he dispatched only missiles, not troops.
But North Korea could prove different if it calls Trump’s bluff and conducts another nuclear test, the paper said. “Trump just took the office; if he loses to Pyongyang, he would feel like he had lost some prestige.”
Right now, Trump has some cards to play, said Kim of the Asan Institute.
“He might say: ‘If you want one less battleship in the region, what are you going to give me?’” he said, in a reversal from the usual situation in which North Korea asks what it can get from its adversaries in return for changing its behavior.
Amid these tensions, reports of impending military action have been swirling.
NBC News, citing intelligence officials, reported Thursday that the United States was ready to launch a preemptive strike if North Korea appeared to be about to conduct a nuclear test.
But a defense official said this was “speculative,” and analysts said they highly doubted that Washington would take such action, describing a situation in which tougher sanctions and more rigorous implementation remained the best remedy.
Trump’s tweets and his conversations with Chinese President Xi Jinping seem designed to push Beijing to crack down on North Korea, and there have been some indications that China is getting tougher on its errant neighbor.
China banned coal imports from North Korea in mid-February — potentially cutting off an economic lifeline — and Chinese customs data released Thursday showed a 52 percent drop in imports in the first three months of this year, compared with the same period last year.
Meanwhile, the Japanese government is taking precautions of its own.
What’s most important from where the world meets Washington
In the annals of wrongful convictions, there is nothing that comes close in size to the epic drug-lab scandal that is entering its dramatic final act in Massachusetts.
About 23,000 people convicted of low-level drug crimes are expected to have their cases wiped away next month en masse, the result of a five-year court fight over the work of a rogue chemist.
“It’s absolutely stunning. I have never seen anything like it,” said Suzanne Bell, a professor at West Virginia University who serves on the National Commission of Forensic Science. “It’s unbelievable to me that it could have even happened. And then when you look at the scope of the number of cases that may be dismissed or vacated, there are no words for it.”
The dismissals will come in the form of filings from seven district attorneys ordered by the Massachusetts Supreme Judicial Court to decide who among 24,000 people with questionable convictions they can realistically try to re-prosecute.
Their answer, due by April 18, is expected to be “in the hundreds,” a spokeswoman for Middlesex County District Attorney Marian Ryan said this week. An exact number was not available because the prosecutors are still working through the list, the spokeswoman, Meghan Kelly, said in an email.
The prosecutors didn’t want the scandal to end like this. They fought for a way to preserve the convictions, and leave it to the defendants to challenge them.
Civil rights groups and defense lawyers argued for all the cases to be dropped, saying that was the only way to ensure justice.
The state’s high court chose its own solution, ruling in January that district attorneys should focus on a small subset of cases it wanted to retry, and drop the rest.
It has taken five years to get to this point, longer than it took to discover, prosecute and punish the chemist, Annie Dookhan. She worked at the William A. Hinton State Laboratory Institute in Boston for nearly a decade before her misconduct was exposed in 2012. She admitted to tampering with evidence, forging test results and lying about it. She served three years in prison and was released last year.
By then, most of the people Dookhan helped convict — most of whom pleaded guilty to low-level drug offenses based on her now-discredited work — had finished their sentences.
Is not entirely clear why Dookhan, a Trinidadian immigrant mother, felt compelled to change test results on such a massive scale. She was by far the lab’s most prolific analyst, a record that impressed her supervisors but also worried her co-workers — a red flag that went overlooked for years. She seemed driven to stand out, even if it mean lying, former colleagues have said. She also maintained friendly relationships with prosecutors, even though her role was to remain objective.
Many likely did commit the offenses, but many did not, defense lawyers say. All of them are now burdened with dubious convictions that have made it difficult to find jobs and housing or to obtain student loans, the lawyers say. Some defendants were convicted of more serious crimes, and the drug convictions were used to stiffen their sentences. Non-citizens have been threatened with deportation.
Civil rights advocates say the case has exposed the folly of aggressive enforcement of low-rung drug offenders, many of whom are addicts in need of treatment.
“It’s a soup-to-nuts indictment of the war on drugs,” said Matthew Segal, legal director of the American Civil Liberties Union of Massachusetts, whose lawsuit led to the supreme court’s ruling. “These scandals happen around the country because our war on drugs is based on cutting corners.”
The reliance on forensic science in the criminal justice system has improved policing and prosecutions, but the misuse of science has also fueled wrongful convictions, researchers say. Drug labs play a distinct role in that machinery.
Lab scandals have undermined thousands of convictions in eight states in the past decade, according to data maintained by the National Association of Criminal Defense Lawyers. Critics say forensic chemists feel a duty to help prosecutors rather than remain neutral. And they point out that many labs — including Hinton when Dookhan worked there — lack professional accreditation or proper protocols to prevent and detect misconduct. Some of her superiors have lost their jobs for failing to notice or report her misdeeds.
“This drug lab scandal is another example of why the criminal justice system needs to reform its approach to forensic science,” said Dan Gelb, a Boston attorney who helped write an amicus brief on the Dookhan case for the National Association of Criminal Defense Attorneys. “Labs shouldn’t be an extension of law enforcement.”
Because of the system’s reliance on plea bargains to keep cases moving, defendants often don’t have a chance to challenge results from drug labs, Bell added.
That’s become a big point of discussion at the National Commission of Forensic Science, she said. But the commission, which was formed by the U.S. Department of Justice in 2013, is facing an uncertain future, with no clear message from the Trump administration if its work will continued to be funded, Bell said.
The Dookhan case awakened Massachusetts to the crisis, Bell said.
But the end of the Dookhan saga will not bring the end to Massachusetts’ problems.
That’s because it is dealing with a second scandal, at a second lab, this one the result of a chemist who admitted to doing drugs — including an array of substances submitted as evidence — while on the job.
Thousands of convictions in that case are now in doubt.
American Citizens: U.S. Border Agents Can Search Your Cellphone
byCYNTHIA MCFADDEN, E.D. CAUCHI, WILLIAM M. ARKINandKEVIN MONAHAN
When Buffalo, New York couple Akram Shibly and Kelly McCormick returned to the U.S. from a trip to Toronto on Jan. 1, 2017, U.S. Customs & Border Protection officers held them for two hours, took their cellphones and demanded their passwords.
“It just felt like a gross violation of our rights,” said Shibly, a 23-year-old filmmaker born and raised in New York. But he and McCormick complied, and their phones were searched.
Three days later, they returned from another trip to Canada and were stopped again by CBP.
“One of the officers calls out to me and says, ‘Hey, give me your phone,'” recalled Shibly. “And I said, ‘No, because I already went through this.'”
The officer asked a second time.
Watch Cynthia McFadden on Nightly News for More
Within seconds, he was surrounded: one man held his legs, another squeezed his throat from behind. A third reached into his pocket, pulling out his phone. McCormick watched her boyfriend’s face turn red as the officer’s chokehold tightened.
Then they asked McCormick for her phone.
“I was not about to get tackled,” she said. She handed it over.
Shibly and McCormick’s experience is not unique. In 25 cases examined by NBC News, American citizens said that CBP officers at airports and border crossings demanded that they hand over their phones and their passwords, or unlock them.
The travelers came from across the nation, naturalized citizens and people born and raised on American soil. They traveled by plane and by car at different times through different states. Businessmen, couples, senior citizens, and families with young kids, questioned, searched, and detained for hours when they tried to enter or leave the U.S. None were on terror watchlists. One had a speeding ticket. Some were asked about their religion and their ethnic origins, and had the validity of their U.S. citizenship questioned
What most of them have in common — 23 of the 25 — is that they are Muslim, like Shibly, whose parents are from Syria.
Data provided by the Department of Homeland Security shows that searches of cellphones by border agents has exploded, growing fivefold in just one year, from fewer than 5,000 in 2015 to nearly 25,000 in 2016.
According to DHS officials, 2017 will be a blockbuster year. Five-thousand devices were searched in February alone, more than in all of 2015.
“That’s shocking,” said Mary Ellen Callahan, former chief privacy officer at the Department of Homeland Security. She wrote the rules and restrictions on how CBP should conduct electronic searches back in 2009. “That [increase] was clearly a conscious strategy, that’s not happenstance.”
“This really puts at risk both the security and liberty of the American people,” said Senator Ron Wyden, D-Oregon. “Law abiding Americans are being caught up in this digital dragnet.”
“This is just going to grow and grow and grow,” said Senator Wyden. “There’s tremendous potential for abuse here.”
What CBP agents call “detaining” cellphones didn’t start after Donald Trump’s election. The practice began a decade ago, late in the George W. Bush administration, but was highly focused on specific individuals.
The more aggressive tactics of the past two years, two senior intelligence officials told NBC News, were sparked by a string of domestic incidents in 2015 and 2016 in which the watch list system and the FBI failed to stop American citizens from conducting attacks. The searches also reflect new abilities to extract contact lists, travel patterns and other data from phones very quickly.
But the officials caution that rhetoric about a Muslim registry and ban during the presidential campaign also seems to have emboldened federal agents to act more forcefully.
“The shackles are off,” said Hugh Handeyside, a staff attorney with the ACLU’s National Security Project. “We see individual officers and perhaps supervisors as well pushing those limits, exceeding their authority and violating people’s rights.”
And multiple sources told NBC News that law enforcement and the Intelligence Community are exploiting a loophole to collect intelligence.
Under the Fourth Amendment, law enforcement needs at least reasonable suspicion if they want to search people or their possessions within the United States. But not at border crossings, and not at airport terminals.
“The Fourth Amendment, even for U.S. citizens, doesn’t apply at the border,” said Callahan. “That’s under case law that goes back 150 years.”
Customs and Border officers can search travelers without any level of suspicion. They have the legal authority to go through any object crossing the border within 100 miles, including smartphones and laptops. They have the right to take devices away from travelers for five days without providing justification. In the absence of probable cause, however, they have to give the devices back.
CBP also searches people on behalf of other federal law enforcement agencies, sending its findings back to partners in the DEA, FBI, Treasury and the National Counterterrorism Center, among others.
Callahan thinks that CBP’s spike in searches means it is exploiting the loophole “in order to get information they otherwise might hot have been able to.”
On January 31, an engineer from NASA’s Jet Propulsion Laboratory was pulled into additional screening upon his return to the U.S. after a two-week vacation in Chile. Despite being cleared by the Global Entry program, Sidd Bikkannavar received an “X” on his customs form. He is not Muslim, and he is not from any of the seven countries named in President Trump’s original “travel ban” executive order. Half his family comes from India but he was born and raised in California.
Bikkannavar was brought into a closed room and told to hand over his phone and passcode. He paid particular notice to the form CBP handed him which explained it had the right to copy the contents of the phone, and that the penalty for refusal was “detention.”
“I didn’t know if that meant detention of the phone or me and I didn’t want to find out,” said Bikkannavar. He tried to refuse but the officer repeatedly demanded the PIN. Eventually he acquiesced.
“Once they had that, they had everything,” Bikkannavar said. That access allowed CBP officers to review the backend of his social media accounts, work emails, call and text history, photos and other apps. He had expected security might physically search any travelers for potential weapons but accessing his digital data felt different. “Your whole digital life is on your phone.”
The officers disappeared with his phone and PIN. They returned 30 minutes later and let him go home.Sidd Bikkannavar poses for a portrait in 2014. Takashi Akaishi
CBP also regularly searches people leaving the country.
On February 9, Haisam Elsharkawi was stopped by security while trying to board his flight out of Los Angeles International Airport. He said that six Customs officers told him he was randomly selected. They demanded access to his phone and when he refused, Elsharkawi said they handcuffed him, locked him in the airport’s lower level and asked questions including how he became a citizen. Elsharkawi thought he knew his rights and demanded access to legal counsel.
“They said if I need a lawyer, then I must be guilty of something,” said Elsharkawi, and Egyptian-born Muslim and naturalized U.S. citizen. After four hours of questioning in detention, he unlocked his smartphone and, after a search, was eventually released. Elsharkawi said he intends to sue the Department of Homeland Security.
The current policy has not been updated since 2009. Jayson Ahern, who served in CBP under both Bush and Obama, signed off on the current policy. He said the electronic searches are supposed to be based on specific, articulable facts that raise security concerns. They are not meant to be random or routine or applied liberally to border crossers. “That’s reckless and that’s how you would lose the authority, never mind the policy.”
The Customs & Border Patrol policy manual says that electronic devices fall under the same extended search doctrine that allows them to scan bags in the typical security line.
“As the threat landscape changes, so does CBP,” a spokesperson told NBC News.
Since the policy was written in 2009, legal advocates argue, several court cases have set new precedents that could make some CBP electronic searches illegal.
Several former DHS officials pointed to a 2014 Supreme Court ruling in Riley v California that determined law enforcement needed a warrant to search electronic devices when a person is being arrested. The court ruled unanimously, and Chief Justice John Roberts wrote the opinion.
“Modern cellphones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life,'” wrote Roberts. “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.”
Because that case happened outside of the border context, however, CBP lawyers have repeatedly asserted in court that the ruling does not apply to border searches.
For now a Department of Justice internal bulletin has instructed that, unless border officers have a search warrant, they need to take protective measures to limit intrusions, and make sure their searches do not access travelers’ digital cloud data. The ‘cloud’ is all content not directly stored on a device, which includes anything requiring internet to access, like email and social media.
Former DHS officials who helped design and implement the search policy said they agreed with that guidance.
Wyden Pushes to Change the Policy
On February 20, Sen. Wyden wrote to DHS Secretary John Kelly demanding details on electronic search-practices used on U.S. citizens, and referred to the extent of electronic searches as government “overreach”. As of publication, he had yet to receive an answer.
Now Sen. Wyden says that as early as next week he plans to propose a bill that would require CBP to at least obtain a warrant to search electronics of U.S. citizens, and explicitly prevent officers from demanding passwords.
“The old rules … seem to be on the way to being tossed in the garbage can,” said Senator Wyden. “I think it is time to update the law.”
Asked about the Shibly case, a CBP spokesperson declined to comment, but said the Homeland Security Inspector General is investigating. The spokesperson said the agency can’t comment on open investigations or particular travelers, but that it “firmly denies any accusations of racially profiling travelers based on nationality, race, sex, religion, faith, or spiritual beliefs.”
Explaining the sharp increase in electronic searches, a department spokesperson told NBC News: “CBP has adapted and adjusted to align with current threat information, which is based on intelligence.” A spokesman also noted that searches of citizens leaving the U.S. protect against the theft of American industrial and national security secrets.
After repeated communications, the Department of Homeland Security never responded to NBC News’ requests for comments. Nonetheless, the Homeland Security Inspector General is currently auditing CBP’s electronic search practices.
The Council on American-Islamic Relations (CAIR) also has filed two dozen complaints against CBP this year for issues profiling Muslim Americans. CAIR and the Electronic Frontier Foundation are considering legal action against the government for what they consider to be unconstitutional searches at the border.
Kansas Clerk Shot by Suspected Killer in Manhunt Recalls Ordeal
A 19-year-old store clerk in Kansas who was shot by a murder suspect on the run from authorities Wednesday said he’s lucky to be alive.
Alex Deaton, who police suspect in two murders and two other shootings, shot Riley Juel at point-blank range after taking his car keys hours before his alleged crime spree would come to an end.
“This can’t be real at all, and then, I mean it came back to me, this is real,” Juel told NBC affiliate KSNW in Wichita, a day after he was shot by suspect Alex Deaton in Pratt.
“I was just scared I was going to die,” Juel told the station.
Deaton, 28, fled in Juel’s Cadillac and was caught after a high-speed chase with the Kansas Highway Patrol that ended in a fiery crash, police said.
Deaton is suspected in the murder of his girlfriend, 30-year-old Heather Robinson, whose body was found at her Rankin County, Mississippi home on Friday. He is also suspected of being involved in the death of a woman found fatally shot at her Neshoba County church on Thursday.
Deaton had been chased by sheriff’s deputies earlier Wednesday morning, but the stolen car he was driving was disabled by stop sticks and he entered the Kwik Shop and demanded Juel’s keys, authorities said.
After Juel handed the keys over, he said Deaton shot him at point-blank range and fled. Juel called 911 and thanked the dispatcher and a police officer who arrived on the scene. “If it wasn’t for them, I probably would have been dead,” he told the station.
Juel is stable at a hospital. Jule’s sister, Brooke Juel, told the KSNW her brother’s call to police helped catch the suspect, and called him a hero.
Deaton also allegedly shot a jogger at random from his vehicle in Mississippi on Friday, and carjacked and briefly kidnapped a couple at a trailhead near Albuquerque on Tuesday.
During the carjacking and kidnapping, Deaton shot a man in the buttocks and a bullet grazed a woman as they escaped, the Rankin County, Mississippi, sheriff’s office said.
Also Friday, Deaton’s family said in a statement that they are “in a state of disbelief” and are fully cooperating with law enforcement.
“We are devastated and completely heartbroken for all that has happened. Our family is in a state of disbelief. We don’t understand why or how this could ever happen and are just thankful it has now come to an end,” the statement said. The family expressed condolences to the victims and their families.
Rankin County, Mississippi, Sheriff Bryan Bailey says investigators hoped to talk to Deaton Thursday afternoon. Authorities are expected to seek extradition to Mississippi.
The boy was possibly controlled by ISIS, local media reports
A 12-year-old boy attempted to commit attacks on a Christmas market and near a town hall in Ludwigshafen, western Germany, in the space of just over a week, officials say.
Hubert Stroeber, a spokesman for the local prosecutor’s office, told Reuters that the boy, who is German but of Iraqi heritage, tried and failed to detonate a nail bomb at the Christmas market on Nov. 26 and then planted another self-made explosive device in a backpack near the town hall on Dec. 5. A passer-by drew the police’s attention to the abandoned backpack, and specialists destroyed it in a controlled explosion.
The boy was possibly controlled by ISIS, according to the German magazine FOCUS. The “religiously radicalized” boy was “instigated [by an] unknown member” of the terrorist organization and had been planning to flee to Syria last summer, it reports. Authorities also told television network ZDF that the boy had been radicalized via social media and the internet.
A spokesman at the Federal Public Prosecutor Office in Karlsruhe confirmed that officials were investigating the case but declined to comment on any possible Islamic State link, Reuters states.
As the child is 12 and Germany’s age of criminal responsibility is 14, the boy was not arrested but reportedly taken into foster care instead. Hubert Stroeber, a spokesman for the local prosecutor’s office, told NBC News that an investigation would be “turned down” because of the boy’s age.
Comment (If this article is the truth then General Mad Dog Mattis should be stripped of all his rank and retirement privileges, arrested and spend the rest of his life in Leavenworth Prison!)(TRS)
A former Army Special Forces officer is accusing retired Marine General James Mattis, President-elect Donald Trump’s pick to be defense secretary, of “leaving my men to die” after they were hit by friendly fire in Afghanistan in 2001.
Mattis has not commented publicly on the incident, which was chronicled in a 2011 New York Times bestselling book, “The Only Thing Worthy Dying For,” by Eric Blehm. The book portrays Mattis as stubbornly unwilling to help the Green Berets.
His actions, which were not formally investigated at the time, are now likely to get far more scrutiny during the retired general’s Senate confirmation process.
Trump’s transition team did not respond to request for comment from NBC News. Nor did Mattis, whose 2013 retirement from the military means he would need a waiver from Congress to serve as the civilian Pentagon chief.
Mattis is a highly decorated former wartime commander who became famous for leading the 1st Marine Division’s lightning fast movement into Baghdad during the U.S. invasion of Iraq in 2003.
On December 5, 2001, as the wreckage of the twin towers still smoldered in lower Manhattan, a team of Army Green Berets accompanying Hamid Karzai, the future president of Afghanistan, was hit by a U.S. smart bomb in a case of friendly fire.
Two American soldiers died instantly and a third was badly wounded. He would later die. Dozens of Afghans also were killed, and the CIA officer who now runs the agency’s spying arm protected Karzai with his body.
Mattis, then a brigadier general commanding a nearby group of Marines, refused repeated requests to send helicopters to rescue the Green Berets, people involved in the operation tell NBC News. The helicopters under Mattis’ command at Camp Rhino were about 45 minutes away, according to the book.
And, as commander, Mattis had final approval for the decision not to dispatch a rescue mission from there.
Who is Gen. James Mattis? 14:50
“He was indecisive and betrayed his duty to us, leaving my men to die during the golden hour when he could have reached us,” Jason Amerine, who led the Army special forces operation as a captain, said in a Facebook post Friday morning.
“Every element in Afghanistan tried to help us except the closest friendly unit, commanded by Mattis,” added Amerine, who retired as a lieutenant colonel and made news in recent years as a prominent critic of the Obama administration’s hostage policies.
The 15th anniversary of the Afghanistan friendly fire incident is Monday. Master Sgt. Jefferson Donald Davis, 39; Sgt. 1st Class Daniel Henry Petithory, 32; and Staff Sgt. Brian Cody Prosser, 28, were killed.
Ultimately, an Air Force Special Forces unit based three hours away, in Pakistan, sent older helicopters to rescue Amerine and his men. Three more Afghans and a badly-wounded American, Brian Cody Prosser, died on the way to the hospital, according to the book. It is not known whether any of them could have been saved.
Mattis declined to be interviewed for the book, Blehm, its author, told NBC News. Other witnesses quoted Mattis saying that he didn’t want to send a rescue mission into an uncertain situation.
According to witness accounts in the book, Mattis reportedly questioned why a rescue mission was needed and worried about whether the situation on the ground was secure.
Later, when a special forces Sergeant, David Lee, protested his decision, Mattis threw him out of his office, Blehm wrote.
The Obama administration was criticized for years by many Republicans—including Vice President-elect Mike Pence — for failing to mount a military rescue when a diplomatic post was attacked in 2012 in Benghazi, Libya, despite military officials saying no rescue was possible.
In this case, another military unit had to act because Mattis did not, Blehm said.
“The Air Force Special Operations Command had the same exact information as Mattis. They launched immediately,” he said.
Blehm spent three years researching the book, including a long interview with Karzai, he told NBC News.
He interviewed six of the surviving eleven Green Berets involved in the operation.
“Every one of them said, when they were this mass casualty situation, either wounded tending to the wounded of their buddies, every one of them were thinking, where in the hell are the Marines?”
In his Facebook post, Amerine — who declined to speak on the record to NBC News — said it was ironic that Mattis later became famous for relieving a battalion commander for alleged indecisiveness during the invasion of Iraq in 2003.
“The delay of Mattis in launching MEDEVAC on December 5th was never in question, not even by him,” Amerine said. “The only debate was whether it was justified and how many died as a result.”
truthtroubles.wordpress.com/ Just an average man who tries to do his best at being the kind of person the Bible tells us we are all suppose to be. Not perfect, never have been, don't expect anyone else to be perfect either. Always try to be very easy going type of a person if allowed to be.
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“I hope we once again have reminded people that man is not free unless government is limited. There’s a clear cause and effect here that is as neat and predictable as a law of physics: as government expands, liberty contracts.”~ Ronald Reagan.