Great Legal Decision on Obama’s Genderless Bathrooms

Post from: Washington Blade, America’s Leading LGBT News Source

Judge blocks guidance on bathroom access for trans students

A federal judge has blocked the enforcement of guidance from the Obama administration prohibiting schools from discriminating against transgender students, including denying them access to public restrooms consistent with their gender identity.

U.S. District Judge Reed O’Connor, an appointee of former President George W. Bush, issued the preliminary injunction late Sunday in response to a lawsuit filed in May by Texas Attorney General Ken Paxton on behalf of 12 states and two school districts.

In the 38-page order, O’Connor writes the case “presents the difficult issue of balancing” the rights of transgender students and privacy concerns, but he nonetheless sides with states suing the Obama administration.

“The sensitivity to this matter is heightened because defendants’ actions apply to the youngest child attending school and continues for every year throughout each child’s educational career,” O’Connor writes. “The resolution of this difficult policy issue is not, however, the subject of this order. Instead, the Constitution assigns these policy choices to the appropriate elected and appointed officials, who must follow the proper legal procedure.”

In May, the Departments of Justice and Education said schools are barred from discriminating against transgender students, including in bathroom use, under the prohibition of gender bias in Title IX of the Education Amendments of 1972. That means schools refusing to allow transgender students to use the restroom consistent with their gender identity are at risk of losing federal funds.

The court order doesn’t devote significant discussion to why transgender students should be subjected to schools barring them from restroom use consistent with their gender identity, but cites the intent of Congress in passing Title IX and portions of the law that allow schools to segregate students by gender.

“Without question, permitting educational institutions to provide separate housing to male and female students, and separate educational instruction concerning human sexuality, was to protect students’ personal privacy, or discussion of their personal privacy, while in the presence of members of the opposite biological sex,” O’Connor writes.

Critics say Paxton and the states he represents lacked standing to sue the Obama administration over the guidance, but O’Connor writes they’re able to sue because the guidance is “clearly designed to target plaintiffs’ conduct.”

“Guidelines will force plaintiffs to consider ways to build or reconstruct restrooms, and how to accommodate students who may seek to use private single person facilities, as other school districts and employers who have been subjected to Defendants’ enforcement actions have had to do,” O’Connor writes. “That the guidelines spur this added regulatory compliance analysis satisfies the injury in fact requirement.”

O’Connor writes the injunction “should apply nationwide” and states that don’t wish to comply with the order “can easily avoid doing so by state law that recognizes the permissive nature.” The injunction, O’Connor writes, shouldn’t interfere with similar cases pending before federal courts on transgender bathroom use and “parties should file a pleading describing those cases so the court can appropriately narrow the scope if appropriate.”

Kasey Suffredini, chief program officer for Freedom for All Americans, called the ruling a “step back for transgender protections,” criticizing O’Connor for the decision and refusing to hear from a single transgender student during court proceedings.

“It is shameful that opponents of equality have forced this lawsuit forward in an attempt to make transgender Americans pawns in a political game; but this ruling will not stand the test of time,” Suffredini said. “All transgender Americans – particularly transgender youth – deserve to be treated with dignity and respect. No singular court ruling negates the right of all Americans to receive equal treatment under the law – that’s one of our nation’s founding values.”

Paxton in a statement after the ruling said the plaintiff states are “pleased” with the decision and it restricts “the Obama administration’s latest illegal federal overreach.”

“This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threatening to take away federal funding from schools to force them to conform,” Paxton said. “That cannot be allowed to continue, which is why we took action to protect states and school districts, who are charged under state law to establish a safe and disciplined environment conducive to student learning.”

Dena Iverson, a spokesperson for the U.S. Justice Department, said the Obama administration is considering the order and whether to appeal to the U.S. Fifth Circuit Court of Appeals.

“The department is disappointed in the court’s decision, and we are reviewing our options,” Iverson said.

Given the broad nature of the litigation — which sought not only to bar enforcement of the Obama administration guidance, but general enforcement of federal laws against gender discrimination to protect transgender people — the nature of the injunction is sweeping and one that defies years of legal precedent establishing transgender discrimination amounts to gender discrimination.

Five civil rights organizations that had submitted a friend-of-the-court brief in the lawsuit – Lambda Legal, American Civil Liberties Union and ACLU of Texas, National Center for Lesbian Rights, Transgender Law Center and GLBTQ Legal Advocates & Defenders — issued a joint statement in the aftermath of the injunction saying nothing has changed.

“A ruling by a single judge in one circuit cannot and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,” the statement says. “This unfortunate and premature ruling may, however, confuse school districts that are simply trying to support their students, including their transgender students. So let us make it clear to those districts: your obligations under the law have not changed, and you are still not only allowed but required to treat transgender students fairly.”

The statement also criticizes O’Connor for a decision the organizations say “targets a small, vulnerable group of young people – transgender elementary and high school students – for potential continued harassment, stigma and abuse.”

This ruling isn’t the first anti-LGBT decision made by O’Connor. Prior to the U.S. Supreme Court decision last year in favor of same-sex marriage nationwide, O’Connor issued an injunction allowing married same-sex couples to access benefits under the Family & Medical Leave Act in states without marriage equality.

 

Deportation is Almost at a Full Halt

Interior Enforcement Plummeting Under Obama Admin’s New Deportation Program

DailyCaller: The Obama administration’s new program to work with local and state law enforcement on deportations has resulted in a dramatic decrease in interior immigration enforcement, government data reveals.

Detainer requests to local and state law enforcement are down across the board for aliens who have committed violent, drug, and sex crimes. The data comes from Syracuse University’s Transactional Records Access Clearinghouse which obtains government statistics through Freedom of Information Act requests. A detainer request is when Immigrations and Custom Enforcement (ICE) asks a state or local jail agency to hold an alien in custody so ICE is able to take them into custody.

ICE shifted from the Secure Communities program to the Priority Enforcement Program (PEP) in the beginning of Fiscal Year (FY) 2015. In FY 2014, ICE had 159,210 requests to local and state law enforcement agencies to detain non-citizens for up to 48 hours. That number dropped 41.3 percent to 95,085 in FY 2015.

The purpose of the PEP is to focus on deportations of aliens who have committed serious “Level 1 offenses.” But, comparing FY 2014 and FY2015, data shows a decrease in detainer requests for aliens who have been convicted of assault, driving under the influence, selling cocaine, robbery, and sexual assault. The amount of detainer requests for aliens convicted of murder dropped from 603 to 343, a 43.2 percent drop.

At the same time as detainer requests have decreased, ICE “notices” have increased. With the announcement of the PEP, Homeland Security Secretary Jeh Johnson said that ICE is phasing out detainer requests and instead using requests for notifications. These are “requests that state or local law enforcement notify ICE of a pending release during the time that person is otherwise in custody under state or local authority.” (RELATED: ICE Gets Extra Billion To Deport Illegals, Deports 200,000 FEWER)

While notices were supposed to replace detainers, ICE continues to use the latter. In November 2015, a year after PEP was put in place, ICE had 4,942 detainer requests and 1,204 requests for notice.
With the new program in place ICE’s total requests for detainers and requests for notices have plummeted. In October 2014, the last month of the prior Secure Communities program, there were 11,201 detainers. A year later there were 6,146 detainers and requests for notice combined in October.

Detainer requests during the Obama administration peaked with 309,697 in 2011. That same year there were about 225,000 interior deportations. According to the Center for Immigration Studies, ICE is on pace to complete 63,700 interior deportations in 2016.

**** Remember this past June and the Supreme Court decision:

ABAJournal: The U.S. Supreme Court has split 4-4 in a challenge to President Barack Obama’s power to implement a deferred deportation program, leaving in place a nationwide injunction blocking the initiative.

The New York Times calls the tie vote “a sharp blow” to Obama’s program and “a rebuke to his go-it-alone approach to immigration.” The Washington Post called the deadlock “a significant legal defeat” for Obama.

Obama told reporters that the deadlock is “heartbreaking” for millions of immigrants and its effect will be to freeze his deferred immigration program until after the election.

Obama’s program offers deportation deferrals to immigrants who have lived here since at least January 2010, have no serious criminal record, and have children who are U.S. citizens or legal permanent residents. The program is known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA.

Challengers had claimed Obama’s executive action violated the Administrative Procedure Act and Obama’s constitutional duty to “take care” that the laws of the United States are faithfully executed. Texas was one of 26 states that challenged the program.

“Today’s decision keeps in place what we have maintained from the very start: one person, even a president, cannot unilaterally change the law,” Texas Attorney General Ken Paxton said in a statement. “This is a major setback to President Obama’s attempts to expand executive power, and a victory for those who believe in the separation of powers and the rule of law.”

The case is United States v. Texas.

 

 

 

Obama has 2 Daughters and Never Says a Word About this…

Enslaved in Libya: One woman’s extraordinary escape from Islamic State

Islamic State fighters in Libya have abducted at least 540 refugees in six separate ambushes over the past 18 months. Many of the women captives are being turned into sex slaves to reward the extremist group’s warriors.

HELD: Ruta Fisehaye was kidnapped by Islamic State militants in June last year and finally escaped in April. She is now in Germany. REUTERS/Antonio Parrinello

*****

On the night of June 2, 2015, gunmen blocked a highway on Libya’s northern coast and stopped a white truck speeding toward Tripoli, the capital. The men trained their assault rifles on the driver. Three climbed aboard to search the cargo.

Ruta Fisehaye, a 24-year-old Eritrean, was lying on the bed of the truck’s first trailer. Beside her lay 85 Eritrean men and women, one of whom was pregnant. A few dozen Egyptians hid in the second trailer. All shared one dream — to reach Europe.

The gunmen ordered the migrants off the truck. They separated Muslims from Christians and, then, men from women. They asked those who claimed to be Muslims to recite the Shahada, a pledge to worship only Allah. All of the Egyptians shouted the words in unison.

“There is no god but God. Muhammad is the messenger of God.”

“Allahu Akbar,” the gunmen called back.

Fisehaye realized then that she was in the hands of Islamic State of Iraq and Syria. Her captors wore robes with beige camouflage print — clothes she had not seen on other men in Libya. Most of them hid behind black ski masks. A black flag waved from one of their pickup trucks.

“We were certain that they were taking us to our deaths,” recalled Fisehaye, a Christian who wears a black-thread necklace to symbolize her Orthodox faith. “We cried in despair.”

Her captors had another end in mind.

As Islamic State battles to expand in Libya, it is rewarding its warriors by exploiting the great exodus of African migrants bound for Europe.

Since the group emerged in Libya in late 2014, some 240,000 migrants and refugees have traversed the war-torn country. Over the past 18 months, Islamic State fighters have abducted at least 540 refugees in six separate ambushes, according to 14 migrants who witnessed the abductions and have since escaped to Europe.

Because of its proximity to southern Europe, and its shared borders with six African nations, Libya is Islamic State’s most important outpost outside Syria and Iraq. It is territory that the group is fighting hard to defend.

In August, U.S. fighter jets bombed Sirte — the stronghold of Islamic State in Libya — in an attempt to wrench the city from the group’s control. The airstrikes have revived a stalled military assault that Libyan brigades launched earlier this summer.

Sirte is strategically important for Islamic State. The city sits on a highway connecting two hubs of Libya’s people-smuggling trade — Ajdabiya in the northeast, where migrants stop to settle fees with smugglers, and fishing ports in the west, where boats depart for Europe every week.

From this bastion, Islamic State has found numerous ways to profit from the refugee crisis, despite the group’s declaration that migration is “a dangerous major sin” in the September issue of its magazine, “Dabiq.”

The extremist group has taxed smugglers in exchange for safe passage and has used well-beaten smuggling routes to bring in new fighters, according to Libyan residents interviewed by phone, a senior U.S. official and a U.N. Security Council report published in July.

Brigadier Mohamed Gnaidy, an intelligence officer with local forces mustered by the nearby town of Misrata, says Islamic State has recruited migrants to join its ranks, offering them money and Libyan brides.

It has also extracted human chattel from the stream of refugees passing through its territory, according to the accounts of Fisehaye and the other survivors who were interviewed. Five of six mass kidnappings verified by Reuters took place on a 160-km stretch near Sirte in March, June, July, August and September of last year. The sixth occurred near Libya’s border with Sudan this January.

This story is based on interviews with Fisehaye, eight other women enslaved by Islamic State, and five men kidnapped by the group. Reuters spoke to the refugees in three European countries over four months. Two women agreed to speak on the record, risking the stigma that besets survivors of sexual violence. Reuters was unable to reach the Islamic State fighters in Libya or independently corroborate certain aspects of the women’s accounts.

BETTER SHOT THAN BEHEADED

Before she left Eritrea, Fisehaye (rhymes with Miss-ha-day) felt trapped in her job as a storekeeper for a government-owned farm. Like most young Eritreans, she was a conscript in the country’s long-term national service, which lasts well beyond the 18 months mandated by law. She could hardly get by on her meager wages of $36 a month. But she also felt she could not quit and risk angering the state, which is often accused of human-rights violations.

Fisehaye, a petite woman whose smile easily takes over her entire face, decided to take a risk. In January 2015, she walked across the border into Sudan with a cousin and two friends, her heart set on Europe.

In Khartoum, Sudan’s capital, Fisehaye spent four months raising the $1,400 she needed to pay a smuggler for a trip to Libya. She tried and failed to find a lucrative job. So, like thousands of refugees before her, she called on relatives abroad to pitch in. She talked to recent émigrés and found an Eritrean smuggler whose clients gave him a glowing review.

Before setting off into the desert, she heard stories about armed outlaws who rape women in Libya. She paid a doctor for a contraceptive injection that would last for three months.

“Once you leave Eritrea, there is no going back. I did what any woman would do,” she said.

The first leg of her journey went off without a hitch. In May, her convoy crossed the Sahara and reached Ajdabiya in northeast Libya. Fisehaye believed the worst was behind her. Though no one counts migrants who die from sickness, starvation and violence in the desert, refugee groups say more may perish there than drown in the Mediterranean Sea.

“No one stopped us in the Sahara … and the smugglers told us we shouldn’t worry about Daesh,” she said, using an Arabic acronym for Islamic State. “I never expected to see an organized state like theirs in Libya.”

She was wrong.

On the night of the kidnapping, the armed Islamic State fighters ordered Fisehaye and the other Christians back onto the truck. The men climbed onto the front trailer and the women, 22 in all, onto the back. They drove east, threading the same road they had driven hours earlier. A pickup truck with a mounted machine gun trailed close behind.

A half hour later, the truck turned right onto a dirt road and the soft glow of a town’s lights shimmered ahead. A few male captives had seen videos of Islamic State beheadings. Realizing the gunmen belonged to the group, the men jumped off and ran into the flat desert. Gunfire erupted. Some fell dead, others were rounded up. A few got away.

“We thought it would be better to get shot than beheaded,” Hagos Hadgu, one of the men who jumped off the truck, said in an interview in Hållsta, Sweden. He wasn’t caught that night and made it to Europe two months later. “We didn’t want to die with our hands and legs bound. Even an animal needs to writhe in the hour of death.”

The fighters deposited the migrants at an abandoned hospital perched in a scrubland near a desert town called Nawfaliyah. They searched the women for jewelry, lifting their sleeves and necklines with a rod, and hauled them into a small room where a Nigerian woman was being kept.

The next morning, one of the fighters’ leaders, a man from West Africa, paid the women a visit. He brought a young boy, one of at least seven Eritrean children Islamic State had kidnapped in March, to serve as his translator.

“Do you know who we are?” the man asked.

The women were silent.

“We are al-dawla al-Islamiyyah,” the man explained, using the Arabic for Islamic State.

EXECUTION: Islamic State militants stand behind Ethiopian Christians along a beach in Libya. This image, taken from an undated video posted on a social media website on April 19, 2015, shows the migrants just before they were killed. REUTERS/Social Media Website via Reuters TV

He reminded the women that Islamic State was the group that had slain 30 Eritrean and Ethiopian Christians back in April, filmed the massacre, and posted the video online. The caliphate would spare their lives because they were women, he assured them, but only if they converted to Islam.

“Or we will let you rot here,” he warned.

Fisehaye found conversion an unholy thought. Along with the other women, she fired a volley of questions at the man: Can we call our families and tell them where we are? Can they pay you a ransom for our freedom? Can you tell us what you did to our brothers? Our husbands?

The man offered few answers and no solace.

Three weeks later, in the first week of Ramadan in June, fighter jets bombed the abandoned hospital compound and some of the buildings collapsed. It is difficult to determine who was behind the attack. Both the U.S. military and western Libyan groups have claimed raids on nearby towns around that time.

In the ensuing chaos, Fisehaye and the other women sprinted past the debris and ran barefoot into the desert. The hot ground seared their feet. The captive men, who had been held in the same compound all along, ran ahead.

Before long, the fleeing captives made out the silhouettes of a pickup truck and men with assault rifles ahead of them. The armed men waved for the migrants to stop then opened fire. The women stopped. Most of the migrant men escaped, but eleven were rounded up and flogged. Their whereabouts are unknown.

The airstrikes continued through the week. Eventually, Islamic State fighters moved the women to the abandoned quarters of a Turkish construction company in Nawfaliyah, two hours away.

PRISON: Fighters allied to Libya’s U.N.-backed government told Reuters this Sirte house was used by Islamic State as a prison. None of the migrants Reuters spoke with were held here, though some were held in similar buildings. REUTERS/Goran Tomasevic

“I could see no other way out. Islam was one more step to my freedom.”

Ruta Fisehaye

The makeshift prison housed graders and dozers from road-work projects of the mid-2000s, their metal bodies rusting under the intense heat. Itinerant workers had scribbled their names and countries on the compound’s walls. Fisehaye and the other women stayed in a small room where the drywall sweated when temperatures rose. A Korean family — a pediatrician, his wife and her brother — were jailed in another room.

It only took a week for Fisehaye and the other women to attempt another breakout. Nine escaped, but not Fisehaye. Instead, she was brought back to the makeshift prison and whipped for days. The Korean doctor tended to her wounds.

A few weeks later, in early August, 21 other Eritrean women joined Fisehaye’s group. They too had been kidnapped along a stretch of highway in central Libya. One woman came with her three children, aged five, seven and eleven.

CONVERSION

Throughout the summer, Islamic State consolidated its hold in central Libya. In Sirte, Islamic State fighters crushed a Salafist uprising by executing dissenters and hanging their bodies from lampposts. In Nawfaliyah, they paraded decapitated heads to silence dissent.

Then, in September, the group’s emir in Libya, Abul-Mughirah Al-Qahtani (more commonly known as Abu Nabil), advertised his domain’s “great need of every Muslim who can come.” He summoned fighters, doctors, legal experts and administrators who could help him build a functioning state. He levied hefty taxes on businesses and confiscated enemy property, just as his group had done in Syria and Iraq.

The ranks of Islamic State fighters swelled. At its peak, the group may have had 6,000 fighters in Libya, based on the U.S. Army’s estimates, although the Pentagon drastically cut that estimate this month to a thousand fighters in Sirte.

The single men, most of whom flocked from other parts of Africa, needed companions, and Islamic State enlisted older women in Sirte to help. The women, called ‘crows’ because they dressed in black, visited townspeople’s homes and registered single girls older than 15 as potential brides, says Brigadier Gnaidy of the Misrata forces.

BILLBOARD: A sign in Libya reads: “The city of Sirte, under the shadow of Sharia.” Forces aligned with Libya’s new unity government have advanced on the city over the past few months, pushing Islamic State to the south. REUTERS/Reuters TV

As the group’s ambitions grew that summer, so did its need for women. Islamic State’s take on sharia permits men to take sex slaves. The kidnapped women, unprotected and far from home, became easy targets. In mid-August, more than two months after Fisehaye was abducted, Islamic State fighters moved the 36 women in their custody to Harawa, a small town they controlled some 75 kilometers (46 miles) from Sirte.

As Fisehaye and the seven other women Reuters interviewed describe it, life in Harawa was almost quotidian at first.

There were no air strikes, beatings or threats of sexual violence. The captives — the Eritreans kidnapped in June and August, including Fisehaye, two Nigerians, and the Korean couple and their relative — lived in a large compound by the town’s dam. In the next few weeks, they were joined by 10 Filipino medical workers kidnapped from a hospital in Sirte, a Bangladeshi lecturer taken from a Sirte university, a pregnant Ghanaian captured in Sirte, and an Eritrean woman captured with her 4-year-old son on the highway to Tripoli.

It was here that Fisehaye bonded with Simret Kidane, a 29 year-old who left her three children with her parents in Eritrea to seek a better life in Europe. She was among the women kidnapped in August.

Kidane befriended one of the guards, Hafeezo, a Tunisian mechanic turned jihadist in his early 30s. Hafeezo helped the women navigate their new life in captivity. He brought them groceries and relayed their demands to his superiors in Sirte. He comforted them when they cried. He counseled them to forget their past lives and embrace Islam. That way, he promised, they may be freed to find a husband among the militants. They may even be allowed to call home.

The women asked for religious lessons, and Hafeezo brought them a copy of the Koran translated into their first language, Tigrinya. He also brought a small Dell laptop and a flash drive on which he had uploaded religious texts and lessons on the lives of fallen jihadists.

Fisehaye succumbed first. In September, after three months of captivity, she converted to Islam and took on a Muslim name, Rima. Her conversion had a domino effect across the compound; Kidane and the others followed suit a month later.

“I could see no other way out,” Fisehaye said. “Islam was one more step to my freedom. They told us we would have some rights as Muslims.”

After their conversion, Hafeezo brought them black abayas and niqabs, loose garments some Muslim women wear to cover themselves. He kept his distance and refused to make eye contact. Instead, he supervised their piety from afar.

Another guard, an older Sudanese fighter, taught them to pray. He recited verses from the Koran and made the women write down and repeat his words. When the guard moved to a new job in Sirte, Hafeezo brought a flat-screen TV and played them videos of religious lessons and suicide missions. As promised, Hafeezo allowed the women to call their families.

In December, frequent gunfire punctured the relatively quiet life in Harawa. Food became scarce. Hafeezo was often called to the frontline and disappeared for days. One day, he took Kidane aside and told her to prepare for what was to come. The leadership had changed — Islamic State’s emir in Libya had died in a U.S. airstrike a month earlier — and the women’s fate along with it.

FIRE: Libyan forces allied to the U.N.-backed government battle with Islamic State militants in Sirte last month. REUTERS/Goran Tomasevic

“No one ever showed us which part of the Koran says they could turn us into slaves.”

Ruta Fisehaye

“You are now sabaya,” Hafeezo told Kidane, using the archaic term for slave. There were four possible outcomes for her and the other women, he explained. Their respective owners could make them their sex slaves, give them away as gifts, sell them to other militias, or set them free.

“Do not worry about what will happen to you in the hands of men,” Kidane says Hafeezo told her. “Concern yourself only with where you stand with Allah.”

Kidane did not share this detail with Fisehaye or the other women, hoping to save them from despair.

Later, one of Hafeezo’s superiors came to the compound to take a census. He wrote the women’s names and ages on a ledger. He asked them to lift their veils and examined their faces. He returned a week later and took two of the youngest women, aged 15 and 18, with him. On December 17, he sent for Kidane. That day, he gave her to a Libyan member of an Islamic State brigade in Sirte. Despite her repeated pleas, her new owner refused to reunite her with Fisehaye.

Kidane and the teenage women escaped and are now seeking asylum in Germany.

SABAYA

In late January, a stomach ulcer confined Fisehaye to her bed. Stress made matters worse. Returning from a hospital visit one afternoon, she witnessed a child, no older than 9, shoot a man in the town square.

Soon after, she and the remaining female captives moved to a warehouse in Sirte where Islamic State stored appliances, fuel and slaves. A group of 15 Eritrean women, who had been kidnapped in July, and three Ethiopian women kidnapped in January joined them that week.

The warehouse became, to the women, a last frontier of defiance. As new Muslims, they argued for better healthcare and the abolition of their slavery. They absorbed beatings in response.

Resistance proved futile. An Eritrean fighter called Mohamed, who had often dropped by to survey the women, purchased Fisehaye in February. He never said how much he paid for her. But he seemed gentle at first, asking after her waning health and her past life in Eritrea.

“I was confused. I thought he was going to help me. Maybe he had infiltrated Daesh. Maybe he wasn’t really one of them. I started harboring hope,” Fisehaye said.

Instead, he raped her, repeatedly, for weeks.

“No one ever showed us which part of the Koran says they could turn us into slaves,” Fisehaye said. “They wanted to destroy us…so much evil in their hearts.”

She plotted her escape but could not find a way out.

Then her owner lent her to another man, a Senegalese fighter. Known by the nom de guerre Abu Hamza, the Senegalese had brought his wife and three children to the Libyan frontline. Fisehaye was to work, unpaid, in Abu Hamza’s kitchen.

The work was busy but bearable, until one night in mid-February when Abu Hamza brought an Eritrean woman from the warehouse. He raped the woman all night.

“She was screaming. Screaming. It tore my heart,” Fisehaye recalled. “His wife stood by the door and cried.”

The next morning, Fisehaye convinced the battered woman to run away with her. They left the city behind and ran into the desert. No one stopped to help them and they were caught by religious police on patrol outside the city.

The police returned both women to captivity. The battered Eritrean woman went back to Abu Hamza. Mohamed took Fisehaye to a three-story building in Sirte that he shared with two other fighters.

Fisehaye moved in with a 22-year-old Eritrean woman and her 4-year-old son, both of whom belonged to a Tunisian commander named Saleh. Another 23-year-old Eritrean lived down the hall with her 2-year-old son and a daughter to whom she gave birth while in Islamic State custody. That woman and her children belonged to a Nigerian fighter who called himself al-Baghdadi.

Fisehaye’s roommates said the men raped them on multiple occasions. They told their stories on condition of anonymity.

“There was no one there to help me. So I kept quiet and took the abuse,” the Eritrean mother of two later said. “I stopped resisting. He did as he pleased with me.”

ESCAPE

In April of this year, Libya’s nascent unity government stationed itself in a naval base in Tripoli. Separately, rival factions — the Petroleum Facilities Guard in the east and brigades from towns in the west — plotted to attack Islamic State from opposite flanks.

“There was no one there to help me. So I kept quiet and took the abuse.”

Eritrean mother of two

In Sirte, meanwhile, Fisehaye and her roommates learned that one of them, the mother of two, would soon be sold to another man.

The revelation pushed them to plot an escape. They pretended to call their relatives but talked, instead, to Eritrean smugglers in Tripoli. They studied their captors’ schedules. They surveyed their surroundings whenever the Tunisian commander Saleh, in a cruel prank, left the house keys with his slave but took her son with him.

Finally, on the early morning of April 14, the women grabbed 60 Libyan dinars, about $40, from Saleh’s bag and broke out of the house through a backdoor. But Sirte looked ominously deserted in the early morning and, fearing they would be caught, the women returned to the house.

They ventured out again, hours later, when the city came to life. They walked for hours before a cab stopped for them. Fisehaye negotiated with the driver in halting Arabic. She told him they were maids who had been swindled by an employer. She gave him a number for an Eritrean smuggler in Tripoli.

The driver negotiated with the smuggler over the phone. He agreed to drive them for 750 dinars ($540), to be covered by the smuggler once the women arrived in Bani Walid, five hours away.

In the end, it took the women 12 hours to get to Bani Walid. As promised, the Eritrean smuggler paid for their escape and took them to a holding cell. There, they shucked off their niqabs and cried with joy. They prayed for the dozens they had left behind.

Fisehaye borrowed the smuggler’s phone and called her father in Eritrea. Soon, word of her escape spread among her friends and relatives. They settled her debt and paid the smuggler another $2,000 to get her on a boat to Europe.

In May, during a month when 1,133 refugees drowned at sea, Fisehaye crossed the Mediterranean. Her 10 months of captivity had come to an end.

She traversed a path trod by many refugees, across Italy and Austria, and reached Germany a month after her escape. She is now seeking asylum there.

Gebrekidan reported from Ulm and Hanover, Germany; Catania and Rome, Italy; and Hållsta, Fur and Vetlanda, Sweden. Additional reporting by Patrick Markey and Aidan Lewis in Sirte, Libya; Ali Al-Shouky in Marsa Matrouh, Egypt; and Jonathan Landay in Washington.

—————

The Migration Machine

By Selam Gebrekidan

Graphic: Christine Chan

Photo editing: Simon Newman

Design: Troy Dunkley

Edited by Alessandra Galloni

We are Told to Hate Big Oil, By Whom Exactly?

Emails: Dem Officials Wary of Legal Campaign Against Exxon

Internal communications show unease about New York AG’s court battle

FreeBeacon: Democratic officials who enlisted in a legal campaign against the country’s largest oil company privately expressed misgivings about the effort and its crusading leader, New York Attorney General Eric Schneiderman, internal emails reveal.

Schneiderman recruited nearly 20 other state attorneys general last year to participate in a coordinated legal campaign against ExxonMobil. However, Schneiderman appears to be the only official still actively pursuing the effort.

Emails obtained by the Energy and Environment Legal Institute through open records requests help explain their apparent lack of enthusiasm. The emails show that AGs involved in the effort grew wary of Schneiderman’s aggressive tactics.

His campaign centers on allegations that Exxon lied to shareholders and the general public about the financial dangers posed by climate change. Schneiderman has subpoenaed the company, and other states have followed suit, though many have either withdrawn their probes or put them on hold.

Ahead of a March meeting that kicked off the effort, some AGs were already expressing unease about their involvement.

“Just talked with Tom,” an aide to Iowa AG Tom Miller wrote to a colleague on March 25, a few days before Schneiderman convened AGs involved in the effort. “He thinks we may be locked in on this and have to ride it through.”

Related reading: Trump: Obama Bribed New York’s Attorney General To Sue Trump University
There is no evidence to support Trump’s claim.

After the meeting, another Miller aide described Schneiderman as “the wild card for all.”

In a statement accompanying the release of those and other emails, E&E said they demonstrated the legal weaknesses underlying New York’s legal strategy.

“The investigations began with Schneiderman and in just five short months he has watched his support collapse, such that he once again stands alone in his crusade to harass his political opponents under the guise of upholding the law,” the group said.

As the anti-Exxon efforts progressed, other AGs’ offices expressed concern at their apparent scope. They worried Schneiderman was publicly enlisting them in a campaign in which they were not sure they would—or could—participate.

When his office circulated a draft press release announcing the AGs’ collaboration on the Exxon campaign, Michael Kelly, a spokesman for Virginia Attorney General Mark Herring, tried to rein in some of its language.

“At this point, we don’t know what we’re going to agree to, or really what Virginia’s laws and our authorities could allow us to do, so it makes me nervous to say we’ve ‘agreed to work together on key investigations,’” Kelly wrote in an email to Schneiderman staffers.

“Is there any room to dial that one back a notch?” he asked.

An aide to Vermont’s attorney general had similar concerns. When Schneiderman’s office drafted a “thank you” note to AGs who had participated in the March meeting, the aide recommended striking language that implied that some AGs would be conducting their own Exxon probes.

“On the ‘Exxon/Fossil Fuel Company Investigations’ can we drop the word ‘investigations’ from that?” he asked. “Not all of the states have yet opened a formal investigation and there is some sensitivity here (and I suspect in some other states) to saying or indicating we have.”

In fact, New York is the only state still pursuing an Exxon investigation thanks to the wide legal latitude granted by the state’s Martin Act, which gives Schneiderman broader investigative powers than other state AGs.

“Exxon is not really facing a blitzkrieg,” noted environmental activist Bill McKibben, an outspoken proponent of prosecuting Exxon, in a June column. “Only two states have really had the courage to take on what’s been the planet’s most profitable company.”

The other state McKibben referred to was Massachusetts. However, even Massachusetts’ subpoena of Exxon is on hold.

The U.S. Virgin Islands, which subpoenaed Exxon and the Competitive Enterprise Institute, a think tank that attorney general Claude Walker accused of abetting fraudulent conduct, withdrew both measures in the face of legal opposition.

“They were in over their head,” Vermont Law School professor Pat Parenteau said of Walker’s legal campaign “They were going to get pounded and it’s good they are off the field.”

Schneiderman’s office did not return a request for comment.

The Russians Hacked the NSA? Ah…What?

This is bad bad bad….and panic has struck Washington DC ….payment is to be in Bitcoins…

Graphics of files below courtesy of Arstechnica.

    

More here in further detail.

*****

Most outside experts who examined the posts, by a group calling itself the “Shadow Brokers,” said they contained what appeared to be genuine samples of the code — though somewhat outdated — used in the production of the NSA’s custom-built malware. Most of the code was designed to break through network firewalls and get inside the computer systems of competitors like Russia, China and Iran. That, in turn, allows the NSA to place “implants” in the system, which can lurk unseen for years and be used to monitor network traffic or enable a debilitating computer attack.  More here.

NSA and the No Good, Very Bad Monday

LawFare: Monday was a tough day for those in the business of computer espionage. Russia, still using the alias Guccifer2.0, dumped even more DNC documents. And on Twitter, Mikko Hypponen noted an announcement on Github that had gone overlooked for two days, a group is hosting an auction for code from the “Equation Group,” which is more commonly known as the NSA. The auctioneer’s pitch is simple, brutal, and to the point:

How much you pay for enemies cyber weapons? Not malware you find in networks. Both sides, RAT + LP, full state sponsor tool set? We find cyber weapons made by creators of stuxnet, duqu, flame. Kaspersky calls Equation Group. We follow Equation Group traffic. We find Equation Group source range. We hack Equation Group. We find many many Equation Group cyber weapons. You see pictures. We give you some Equation Group files free, you see. This is good proof no? You enjoy!!! You break many things. You find many intrusions. You write many words. But not all, we are auction the best files.

This release included two encrypted files, and the password to one was provided as proof while the other remains encrypted. The attackers claim that they will provide the password to the second file to the winner of a Bitcoin auction.

The public auction part is nonsense. Despite prevailing misconceptions on cryptocurrency, Bitcoin’s innate traceability means that no one could really expect to launder even $1M out of a high profile Bitcoin wallet like this one without risking detection, let alone the $500M being requested for a full public release. The auction is the equivalent of a criminal asking to be paid in new, marked, sequential bills. Because the actors here are certainly not amateurs, the auction is presumably a bit of “Doctor Evil” theater—the only bids will be $20 investments from Twitter jokesters.

But the proof itself appears to be very real. The proof file is 134 MB of data compressed, expanding out to a 301 MB archive. This archive appears to contain a large fraction of the NSA’s implant framework for firewalls, including what appears to be several versions of different implants, server side utility scripts, and eight apparent exploits for a variety of targets.

The exploits themselves appear to target Fortinet, Cisco, Shaanxi Networkcloud Information Technology (sxnc.com.cn) Firewalls, and similar network security systems. I will leave it to others to analyze the reliability, versions supported, and other details. But nothing I’ve found in either the exploits or elsewhere is newer than 2013.

Because of the sheer volume and quality, it is overwhelmingly likely that this data is authentic. And it does not appear to be information taken from compromised targets. Instead, the exploits, binaries with help strings, server configuration scripts, 5 separate versions of one implant framework, and all sort of other features indicate that this is analyst-side code—the kind that probably never leaves the NSA.

It is also unlikely that this data is from the Snowden cache. Those documents focused on PowerPoint slides and shared data, not detailed exploits. Besides NSA, the only plausible candidate for ownership is GCHQ—and the implications of stealing Top Secret data from GCHQ and modifying it to frame the NSA would themselves be startling.

All this is to say that there is relatively high confidence that these files contain genuine NSA material.

From an operational standpoint, this is not a catastrophic leak. Nothing here reveals some special “NSA magic.” Instead, this is evidence of good craftsmanship in a widely modular framework designed for ease of use. The immediate consequence is probably a lot of hours of work down the drain.

But the big picture is a far scarier one. Somebody managed to steal 301 MB of data from a TS//SCI system at some point between 2013 and today. Possibly, even probably, it occurred in 2013. But the theft also could have occurred yesterday with a simple utility run to scrub all newer documents. Relying on the file timestamps—which are easy to modify—the most likely date of acquisition was June 11, 2013 (see Update, however). That is two weeks after Snowden fled to Hong Kong and six days after the first Guardian publication. That would make sense, since in the immediate response to the leaks, as the NSA furiously ran down possible sources, it may have accidentally or deliberately eliminated this adversary’s access.

As with other recent cyber conflicts, the  espionage aspect is troubling but not entirely new. It’s very, very bad that someone was able to go rummaging through a TS//SCI system—or even an unclassified Internet staging system where the NSA operator unwisely uploaded all this data—and to steal 300 MB of data. But whoever stole this data now wants the world to know—and that has much graver implications. The list of suspects is short: Russia or China. And in the context of the recent conflict between the US and Russia over election interference, safe money is on the former.

Right now, I’d imagine that the folks at NSA are having rather unpleasant conversations about what the other encrypted file might contain, and what other secrets this attacker may have gained access to. Even if they were aware of the attack that resulted in this leak, there’s no way of knowing what is in the other archive. Is there evidence of another non-Snowden insider who went silent three years ago? Was a TS//SCI system remotely compromised? Was there some kind of massive screw-up at an agency which prides itself on world class OPSEC? Some combination of the three?

And—most chillingly—what else might be released before this war of leaks is over?

 

Update:  Thanks to @botherder for pointing out that a couple files have a newer date:  One file has a date of June 17th, 2013; another has a date of July 5th, 2013; three setup strips are dated September 4th, 2013; and two have dates of October 18th 2013.  One of those files (which I’m currently investigating) is the database of allocated Ethernet MAC addresses, which may be able to identify a later minimum date of compromise.  If the latter date of October 18th, 2013 is correct, this is even more worrysome, as this suggests that the compromise happened four months after the initial Snowden revelations—a period of time when the NSA’s systems should have been the most secure.

Update 2: Looking at the dates again, it now does seem somewhat likely that this was data copied on June 11th, 2013 with a few updates with a compromise after October 18th.  This does make it more likely that this was taken from a set of files deliberately moved onto a system on the Internet used for attacking others.  To my mind, this is actually an even scarier possibility than the NSA internal system compromise: This scenario would have the NSA, after the Snowden revelations, practicing some incredibly awful operational security.  Why should the NSA include five different versions of the same implant on a system used to attack other systems on the Internet?  Let alone implants which still have all the debugging strings, internal function names, and absolutely no obfuscation?

Update 3: Kaspersky confirms that the particular use of RC6 matches the unique design present in other Equation Group malcode.  XORcat apparently confirmed that the Cisco exploit works and, due to the versions it can attack, was a zero day at the time.  This exploit would generally work to take over a firewall from the inside of a target network since it did require limited access that is almost always blocked from the outside.

*****

In part from the WashingtonPost:

A cache of hacking tools with code names such as Epicbanana, Buzzdirection and Egregiousblunder appeared mysteriously online over the weekend, setting the security world abuzz with speculation over whether the material was legitimate.

The file appeared to be real, according to former NSA personnel who worked in the agency’s hacking division, known as Tailored Access Operations (TAO).

“Without a doubt, they’re the keys to the kingdom,” said one former TAO employee, who spoke on the condition of anonymity to discuss sensitive internal operations. “The stuff you’re talking about would undermine the security of a lot of major government and corporate networks both here and abroad.”

Said a second former TAO hacker who saw the file: “From what I saw, there was no doubt in my mind that it was legitimate.”

“Faking this information would be monumentally difficult, there is just such a sheer volume of meaningful stuff,” Nicholas Weaver, a computer security researcher at the University of California at Berkeley, said in an interview. “Much of this code should never leave the NSA.”

The tools were posted by a group calling itself the Shadow Brokers using file-sharing sites such as BitTorrent and DropBox.

At the same time, other spy services, like Russia’s, are doing the same thing to the United States.

It is not unprecedented for a TAO operator to accidentally upload a large file of tools to a redirector, one of the former employees said. “What’s unprecedented is to not realize you made a mistake,” he said. “You would recognize, ‘Oops, I uploaded that set’ and delete it.”

Critics of the NSA have suspected that the agency, when it discovers a software vulnerability, frequently does not disclose it, thereby putting at risk the cybersecurity of anyone using that product. The file disclosure shows why it’s important to tell software-makers when flaws are detected, rather than keeping them secret, one of the former agency employees said, because now the information is public, available for anyone to employ to hack widely used Internet infrastructure. Read the full article here.