North America & Oceania

Former Trump Aide Accused of Conspiracy to Kidnap a US-Resident

By: Karina Johnson
Impunity Watch Reporter, North America

WASHINGTON D.C. — On Friday, November 10, the Wall Street Journal published an article stating that Retired Lt. Gen. Michael T. Flynn was allegedly involved in a plan to kidnap a US-resident Turkish dissident on behalf of the Turkish government in exchange for approximately $15 million dollars.

Retired Lt. General Michael Flynn served as national security advisor to the Trump administration for only 24 days before he was asked to resign. Photo Courtesy of Carolyn Kaster, Associated Press.

Fethullah Gulen, a Muslim cleric who has resided in Pennsylvania since 1999, has been blamed by Turkish government officials for the failed coup against Turkish President Erdogan’s administration in summer of 2016.  Turkey has requested Gulen’s extradition under the US-Turkey extradition treaty for Mr. Gulen’s alleged role in the coup, but the Department of Justice has so far denied the requests.

Flynn’s company, Flynn Intel Group, was hired in August 2016 by a firm with ties to Turkish government officials to investigate Mr. Gulen and to present the results of the investigation in a short film.  While the film project was never completed, Flynn’s company received $530,000 in November, and Flynn himself wrote an opinion piece about Fethullah Gulen published on November 8, 2016, in The Hill.

In a mid-December meeting at the “21” Club in New York, Turkish officials allegedly offered Michael Flynn and his son, Michael Flynn Jr. approximately $15 million dollars to assist in the forcible removal and “extra-legal” extradition of Gulen to Turkey.  The alleged plan included discussions of transporting Gulen by private jet to Imrali, a Turkish prison island.  This meeting occurred after the Trump administration had named Flynn the next national security advisor.

President Trump asked for Flynn’s resignation as his national security advisor in mid-February 2017, twenty-four days after Flynn’s appointment.  Flynn also served for two months in 2014 as the head of the Defense Intelligence Agency before being dismissed by President Obama for insubordination after “failing to follow guidance from superiors.”

Flynn registered as a foreign agent under the Foreign Agent Registration Act (FARA) on March 7, 2017, several weeks after his resignation as national security advisor.  Lawfare posits that at the time of his dealings with Turkish officials, Michael Flynn was no longer simply a private citizen lobbying in favor of a foreign government, and whose disclosure of dealings to the Department of Justice would comply with FARA.  Since Flynn had already been tapped to serve as national security advisor in the Trump administration, he was a public official “in transition,” and public officials are prohibited from acting as foreign agents under 18 U.S.C. § 219.

Not only was General Flynn an unregistered foreign agent during his dealings with Turkish officials, he received well over the $5,000 maximum for lobbyists, and if the allegations in the Wall Street Journal article are true, Flynn may be charged with conspiracy to kidnap.  Even if Flynn intended to instead use his position as national security advisor to return Mr. Gulen to Turkey by legal means, the fact that he was possibly offered $15 million dollars to do so may still constitute egregious felonious conduct.  Lawfare states the matter plainly: “It’s no more legal to take $15 million to use your influence as national security adviser to bring about an outcome than it is to kidnap someone.”

The New York Times notes that President Trump’s firing in March 2017 of Former FBI Director James Comey after Comey’s refusal to halt the investigations into Flynn led to the appointment of special counsel Robert Mueller. Robert Mueller has, in turn, led the investigation as to whether associates of President Trump colluded with Russian agents in their efforts to manipulate the 2016 US presidential election.

According to The Wall Street Journal, Flynn’s lawyers earlier had entered into a joint defense agreement with President Trump’s legal team that allowed them to share information surrounding Mr. Mueller’s investigation that would otherwise be subject to attorney-client privilege.  As of November 24, Michael Flynn’s lawyers stopped cooperating with White House attorneys defending the President in special counsel Robert Mueller’s investigation.

Flynn’s decision to end cooperation with the White House attorneys may signify that Flynn has entered into plea deal discussions with Mr. Muller’s team, which recently indicted Paul Manafort, Rick Gates, and George Papadopoulos—all three former campaign aides of President Trump.

JustSecurity has compiled a timeline of the Trump administration’s knowledge of the federal investigations into the relationship of Michael Flynn and Turkey.

For more information, please see:

The New York Times – A Split From Trump Indicates that Flynn is Moving to Cooperate With Mueller – 23 November 2017

Just Security – Turkey on Valentine’s Day: Did Trump Obstruct Investigation of Flynn as a Foreign Agent? – 17 November 2017

CNN Politics – WSJ: Muller probes Flynn role in plot to deliver cleric to Turkey – 11 November 2017

The Guardian – Ex-Trump aide Flynn investigated over plot to kidnap Turkish dissident – report – 10 November 2017

Lawfare Blog – What to Make of the Latest Story About Flynn and Gulen? – 10 November 2017

The Wall Street Journal – Mueller Probes Flynn’s Role in Alleged Plan to Deliver Cleric to Turkey – 10 November 2017

The Wall Street Journal – Accused Turkish Cleric Assails President on Anniversary of Coup Attempt – 14 July 2017

NY Daily News – Michael Flynn, Turkish officials secretly discussed removing exiled Muslim cleric from U.S. – 24 March 2017

The New York Times – Michael Flynn Was Paid to Represent Turkey’s Interests During Trump Campaign – 10 March 2017

Associated Press – Flynn, fired once by a president, now removed by another – 14 February 2017

You Might Be Able To Get Away With Murder In Part Of Yellowstone National Park

By: Sarah Louise Purtill
Impunity Watch Reporter, North America

YELLOWSTONE PARK, U.S. – There is a little known fact about Yellowstone National Park that has captured the interest of many people around the country. Michigan State University law Professor, Brian Kalt, published a paper called “The Perfect Crime” which details how you can potentially get away with murder in a 50 square mile section of Yellowstone National Park in Idaho. Kalt writes that he has always wondered how there was a “forgotten constitutional provision, combined with an obscure statute, that together make it possible for people in the known to commit crimes with impunity.”

Kalt calls it the “zone of death.” It is created by a legal loophole. Before Montana, Wyoming and Idaho became states, Yellowstone National Park was founded in 1872. Although the majority of the park sits in Montana, there are portions that lie in both Idaho and Wyoming. As a national park, Yellowstone falls under federal jurisdiction. Kalt points out that the District Court which hears the issues in Yellowstone National Park sits in Wyoming. This is true despite the fact that Yellowstone also has land in those two other states. Thus, unlike any other District Court in the United States, the District of Wyoming includes land of other states. The zone of death is the 50 square miles of Yellowstone National Park that sits in Idaho.

Yellowstone National Park’s Idaho territory has been given the title “Zone of Death.” Photo Courtesy of the National Park Foundation.

If someone commits a murder in that section, they are automatically tried in Wyoming. However, the Constitution states that trials should be held in the state where the crime was committed. So, someone may demand the trial be held Idaho. Once there, a local jury would be called to serve on the case. But there is no one who lives in that 50 square mile section of Yellowstone in Idaho. Because that section is federal land, no one is allowed to live there. Unless the murder approves of the trial being held in Wyoming, the trial cannot be held at all.

“The courts may or may not agree that my loophole exists, and in any case this Essay is not intended to inspire anyone to go out and commit crimes,” Kalt concludes. “Crime is bad, after all – but so is violating the Constitution. If the loophole described in this Essay does exist it should be closed, not ignored. In sum, when Congress set up this park and admitted these three states, it made a mistake,” Kalt writes.

“Congress can be forgiven on the park side because Yellowstone was the world’s first national park, and there was no precedent.” He then adds that “But Congress should have known how to set up states, having done it forty times before.”

Kalt argues that there is a solid chance they could get away with murder using your Constitutional rights, but there are still other ways you could be punished.

“If the government could not prosecute you, your victims and their families could sue you. Of course, if they get wind of your Constitutional argument before you leave the scene of the crime, they could just give you a dose of your own medicine, administering vigilante justice with similar impunity.”

Currently, no changes have been made regarding this “loophole” for murder in Yellowstone National Park.

For more information, please see:

Forbes – ICYMI: You Can Get Away With Murder In Part Of Yellowstone National Park – 26 November 2017

Fox News – The Best Place to Commit a Crime in America? Yellowstone National Park – 22 November 2016

Vox – Yellowstone has a 50 Square Mile “Zone of Death” Where You Can Get Away With Murder – 29 October 2016

Vice – There’s a Section of Yellowstone Where You Can Get Away With Murder – 4 August 2016

Mexico’s Attorney General Resigns to make way for Judicial Reforms

By: Karina Johnson
Impunity Watch Reporter, North America

CIUDAD DE MEXICO, Mexico — On Monday, October 16, Mexico’s Attorney General Raúl Cervantes announced his resignation before members of the Senate, stating that he wanted to facilitate the transition to a new institutional framework to combat crime and abandon impunity.

Mexican Attorney General Raúl Cervantes giving his resignation before members of the Senate. Photo Courtesy Gob.Mx.

Mr. Cervantes is the third Attorney General appointed within the last five years and was appointed Attorney General on October 25, 2016.

In 2014, Congress approved a constitutional reform—to be enacted at the latest in 2018—that would replace the office of the Attorney General with an independent chief prosecutor who would be appointed to a nine-year term.  This extended tenure is designed to distance the prosecutor from the president, who serves a single six-year term.  According to El País, Mr. Cervantes would have assumed the position of chief prosecutor automatically.

Mr. Cervantes’ appointment as Attorney General caused widespread consternation since he has close ties to the current president, Enrique Peña Nieto, and is a member of the ruling PRI (Institutional Revolutionary Party).  Many opposition politicians and non-governmental groups have expressed a lack of faith in Cervantes’ willingness to investigate the Peña Nieto and his administration after the 2018 elections, which is why the new office of the chief prosecutor has not yet been established.

During his tenure, the Observatorio Nacional Ciudadano (ONC) reported a significant increase in violent homicides in Mexico since the beginning of 2017 to August, with a steady monthly average of 2,300 homicides reported per month.  According to Huffpost, this means that “every 18 minutes and 47 seconds, a victim of violent homicide was reported in the first eight months of 2017 on a national level.”

One of the major controversies Mr. Cervantes and his predecessors faced was the 2014 Iguala mass kidnapping, where 43 students from Ayotzinapa Rural Teachers’ College disappeared and were allegedly delivered to a local criminal syndicate for execution.  The official account given by Mexican authorities has been marred by inconsistent testimony, accusations of obstruction of justice by various state officials, and has resulted in the arrest of over 100 individuals.  Mr. Cervantes and his predecessors’ failure to advance the investigation of the Iguala mass kidnapping has arguably been the proverbial “final nail in the coffin” in their tenures as Attorney General.

President Peña Nieto announced that the next Attorney General would be appointed after the 2018 presidential elections since the position cannot be taken short term and appointing anyone else would further complicate the process of naming the new chief prosecutor.

For more information, please see:

InSight Crime – Mexico AG Resigns Amid Growing Pressure to Tackle Widespread Graft – 18 October 2017

El País – Raúl Cervantes renuncia al cargo de procurador general de México – 17 October 2017

Animal Político – Peña Nieto anuncia que el fiscal general será nombrado después de las elecciones de 2018 – 17 October 2017

AP News – Mexico’s attorney general resigns a year into job – 16 October 2017

BBC Mundo – Renuncia de Raúl Cervantes, procurador general de México, tras la controversia por su potencial nominación para la primera fiscalía autónoma del país – 16 October 2017

CNN Español – Renuncia el procurador general de México, Raúl Cervantes – 16 October 2017

Gob.mx – “Servir a la República en esta capacidad ha sido el honor más grande que se me ha conferido” – 16 October 2017

The New York Times – Mexico’s Attorney General Resigns Under Pressure – 16 October 2017

Reuters – Mexico attrney general resigns amid debate on new top prosecutor – 16 October 2017

Huffpost – México, en el camino directo a tener el año más violento en la historia – 10 October 2017

Senate Commerce Committee Unanimously Passes Bill on Online Sex Trafficking

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – On Wednesday, November 8th, the Senate progressed legislation that makes online sex trafficking more difficult. The legislation makes it easier to penalize operators of websites that allow for and facilitate sex trafficking.  This piece of legislation is the most detailed form of action this year that will toughen regulation of internet companies. Major U.S. internet companies stopped opposing the legislation and so now it is moving forward. The legislation will amend a law that has been on the books for decades and has been considered a shield for internet companies.

The Senate Commerce Committee voted unanimously to pass the measure which gives states and sex-trafficking victims the ability to sue social media networks, advertisers and other companies online that do not keep such explicit content off their platforms.  The measure amends Section 230 of the Communications Decency Act.  As it stands now, the act typically protects companies from liability for the activity of its users. Currently, the bill has bipartisanship support. Although, it needs to be passed by both Houses of Congress and signed by President Trump before it officially becomes a law.

Rob Portman supports the change to Section 230 that was unanimously passed by a Senate Committee. Photo Courtesy of J. Scott Applewhite, Associated Press.

Republican Senator Rob Portman, who co-authored the bill, known as the Stop Enabling Sex Traffickers Act said, “This is a momentous day in our fight to hold online sex traffickers accountable and help give trafficking survivors the justice they deserve.” Many feel these changes are needed after concerns from how these platforms were used by Russia in the 2016 election.

Right now, more than 40 Senators co-sponsored the bill and Ivanka Trump has endorsed it.  However, internet companies have long argued that the way the law stands now has allowed for innovation in Silicone Valley to thrive.

Surprisingly, the Internet Association announced their support for the bill last week following changes that were made to it. The Internet Association includes companies such as Amazon, Facebook and Google. The changes that were made stated that criminal charges would be based on violations of federal human trafficking laws and that the standard for liability would require a website to have “knowingly” assisted in facilitating human trafficking.

The opposition to the bill comes from Democratic Senator Ron Wyden who placed a hold on the bill. The Senator claims that  if the bill is set before the Senate for a vote, as it stands, it favors large companies at the expense of smaller startups and “stifles innovation.”“After 25 years of fighting these battles, I’ve learned that just because a big technology company says something is good, doesn’t mean it’s good for the internet or innovation,” Wyden said in a statement. “Most innovation in the digital economy comes from the startups and small firms, the same innovators who will be harmed or locked out of the market by this bill.”

Additionally, dozens of civil liberties organizations said the bill places a threat on free speech online and harms small companies who do not have as many resources available to them to police their platforms for such use.

For more information, please see:

Blaze – Facebook and Other Tech Companies Reverse Course, Decide to Back Senate Bill to Stop Sex Trafficking – 8 November 2017

CNET – Senate Committee Passes Bill to Stop Online Sex Trafficking – 8 November 2017

The Hill – Senate Panel Approves Online Sex Trafficking Bill – 8 November 2017

Reuters – U.S. Senate Panel Advances Crackdown on Online Sex Trafficking – 8 November 2017

Children Trafficked from Uganda “Adopted” in U.S.

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – The Davis family wanted to add to their family by adopting a child. After being in contact with Debra Parris of The European Adoption Consultants (EAC), Jessica and Adam Davis were told about a little girl named Mata. EAC said that Mata’s father was deceased and that her mother was severely neglecting her. The EAC informed the Davis family they had to decide quickly if they wanted to adopted Mata and so they quickly adopted her.

Mata and the Davises after they “adopted” her. Photo Courtesy of Jessica Davis.

As Mata’s English improved, the Davis’s learned more about Mata’s mother. The way Mata spoke of her mother did not reflect what the Davis’s were told. Jessica Davis then became suspicious. After a skype call between Mata and her mother, Jessica’s suspicions were confirmed. During the skype conversation, Mata’s mother revealed it was not her intention to give up Mata for good.

Instead, Mata’s mother explained how she was tricked into giving Mata up. Mata’s mother had been told that Mata would be given a great educational opportunity if she was sent away. Her mother was also told that Mata would one day return and that her mother would always be a part of her life. Mata’s mother unknowingly signed away her parental rights when she thought her daughter was being given a once in a life time experience.

When Jessica and Adam realized the information they had been told by the EAC was not true, they realized they had to reunite Mata with her mother. Jessica Davis contacted the U.S. State Department for guidance on how to proceed with the situation. The State Department told Jessica, “you can just keep her if you want.” She responded with, “I didn’t purchase her at Walmart.” Jessica was fearful that if the government notified EAC, something would happen to Mata’s mother. After a three-year journey, and $65,000, Mata was returned to her mother.

Mata reuniting with her mother and siblings after the Davis family brought her back to Uganda. Photo Courtesy of Keren Riley.

The Davis’s were crushed by this experience. They wanted to adopt a child as it was in line with their religious beliefs. Adam said, “We unwittingly placed an order for a child. The only trauma this poor kid ever experienced was because we essentially placed an order for a child.” The Davis’s had filed paperwork to vacate Mata’s adoption and the Ugandan government gave Mata’s mother her parental rights back. Jessica and Adam both believe that other Ugandan children like Mata are being trafficked without the American families who were “adopting” them being aware.

CNN investigated these claims and found that children were being taken from their homes in Uganda. Their mothers were being promised the same thing Mata’s mother was being promised, an educational opportunity for their children. The children were then placed in orphanages and sold for as much as $15,000. CNN also discovered that multiple families had been tricked by EAC. EAC was an adoption agency started by Margaret Cole. Cole started the adoption agency after she lost her child to SIDS.

EAC has been responsible for placing more than 2,000 children from overseas in homes across America since 1991. The agency continued to grow and handled adoptions from countries around the globe. CNN states, “tax records from 2000 to 2015 show that EAC reported more than $76.1 million in revenue and more than $76.3 million in expenses over that period.” In 2004, several families raised questions about their adoptions through EAC in story for Cleveland Magazine. Cole claimed back then that she had a “radar” for the shady businesses involved in adoptions but now stories like the Davis’s shows that this clearly is not the case. CNN has also been unable to locate Cole to receive commentary on CNN’s investigation.

EAC has been shut down by the State Department for 3 years. Since the shut down, the FBI has raided the building and taken away materials. The Ohio attorney general’s office filed suit in June to have the adoption agency ended for good. The EAC “failed to adequately supervise its providers in foreign countries to ensure” that they didn’t engage in the “sale, abduction, exploitation or trafficking of children,” according to the State Department. The Ugandan government shut down the orphanage that Mata had been placed in. In a letter to CNN, they said the orphanage had been closed for “trafficking of children,” “operating the children’s home illegally” and “processing guardianship orders fraudulently.”

The EAC building in Ohio has been abandoned since the agency has been debarred. Photo Courtesy of CNN.

A study done by the Ugandan government and sponsored by UNICEF in 2015 revealed that Ugandan parents were being deceived and bribed with financial incentives and orphanages were often complicit. The orphanages did not always verify information about children’s histories before putting them in the orphanage.

Mata’s story is similar to that of Violah. At 7-years-old, she was adopted by Stacey and Shawn Wells. Like the Davis’s, the Wells were coerced into making a decision quickly on whether or not they would adopt Violah. They paid EAC about $15,000 for the adoption. Violah lived with the Wells family for a year and during that time, they too saw inconsistencies with the adoption agencies story. They were told that Violah had been abandoned. But the longer Violah was with them, the more they learned how her mother took her to church and cooked dinner with her.

Violah also spoke about the day that she and her sister were taken away from their mother. After hearing Violah’s story, Shawn went on a Facebook page for the group Reunite. The page shared a post about a mother whose children were taken away from her against her will. Stacey knew that the woman in the post was Violah’s mother. The Wells thought they were adopting an orphan, but instead, Stacey says, “she was made an orphan.”

The Wells wanted to reunite Violah with her mother like the Davis’s reunited Mata with her mother. Stacey and Shawn reached out to Reunite’s Riley who told the Wells that Violah’s mother was lied to. She had been told Violah would get an education in America. It’s the same lie the traffickers told Mata’s mother. Violah’s mother had four children taken from her and she has only been reunited with two of them.

Violah and her mother are reunited in Uganda and embrace with each other and Stacey Wells. Photo Courtesy of Stacey Wells.

Violah and Mata are from the same village in Uganda. They have become friends since their return home. Mata’s mother said she was “very, very, very happy” that Mata has been returned to her. Violah’s mother also said she was “very happy and very grateful.” Now that the girls have been reunited with their mothers, they have kept in touch with the Davis and Wells families. The girls have blossomed since returning home.

Violah and Mata have become fast friends since returning to their mothers in Uganda. Photo Courtesy of Jessica Davis.

For more information, please see:

CNN – Kids For Sale: ‘My Mom Was Tricked’ – 13 October 2017

Ugandan Government – Information About God’s Mercy Children’s Home – 28 July 2017

Court of Common Pleas, Cuyahoga County, Ohio – EAC Lawsuit – 1 June 2017

Cleveland Magazine – Families In Crisis: When Foreign Adoption Goes Wrong – 2 March 2004