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For Immediate Release
December, 27 2016, 03:15pm EDT
Contact:
Email:,info@cpj.org
Egypt Arrests Al-Jazeera Producer on Fake News Charge
NEW YORK
Egyptian authorities must release Al-Jazeera news producer Mahmoud Hussein immediately, the Committee to Protect Journalists said today. Officials initially questioned Hussein on December 20 when he arrived in Egypt on a family visit from Qatar, where he is based, according to reports. Hussein was arrested on December 23, Al-Jazeera said.
Egypt's Interior Ministry confirmed in a December 25 statement published on its website that Hussein was being held on charges of "incitement against state institutions and broadcasting false news with the aim of spreading chaos." The ministry said that Hussein worked with Al-Jazeera to produce fake documentaries about the country's institutions. Authorities ordered him to be detained for 15 days pending investigation, Al-Jazeera reported. In a statement on its website, Al-Jazeera described the charges against Hussein as fabricated and said it was concerned for his safety.
The arrest comes after Al-Jazeera broadcast a documentary, "Al-Asaker" (The Soldiers), in November, about conscription in Egypt. The documentary was criticized in Egypt by government officials and local media, who said that it attempted to incite against the armed forces and allegedly used fake footage.
On December 25, pro-government and state-run media broadcast police videos of Hussein that they described as confessions. A narrator in one of the interviews, which were filmed in several locations, claimed that the videos showed evidence against Hussein. Two of the videos showed him standing by production equipment that he said Al-Jazeera asked him to keep in his family's homes after the broadcaster was forced to close its Egyptian office in 2013.
"Egyptian authorities are waging a systematic campaign against Al-Jazeera, consisting of arbitrary arrest, censorship, and systematic harassment,"said Sherif Mansour, CPJ's Middle East and North Africa program coordinator. "Egypt must release Mahmoud Hussein immediately and ends its crackdown on the press."
Al-Jazeera closed its Egypt offices in 2013 after they were raided and shut down by authorities, CPJ documented at the time. In the past two years, three Al-Jazeera Arabic journalists have been sentenced to death in absentia and three journalists from Al-Jazeera English were sentenced for up to 10 years in jail in Egypt for "aiding a terrorist organization," spreading false news, and working without a license, according to news reports. They were later released.
Egypt has 25 journalists in jail in relation to their work, according to CPJ's annual prison census.
The Committee to Protect Journalists is an independent, nonprofit organization that promotes press freedom worldwide. We defend the right of journalists to report the news safely and without fear of reprisal.
(212) 465-1004LATEST NEWS
Bar Complaint Filed Against Prosecutor Who Petitioned for Raid of Journalist's Home
"When prosecutors abuse their power to facilitate efforts to silence reporting and intimidate news sources, disciplinary authorities must hold them accountable and impose real consequences," reads a filing.
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Soon after the FBI raided Washington Post reporter Hannah Natanson's home in Virginia last month, the Freedom of the Press Foundation said it suspected that the Trump administration was either "ignoring or distorting" federal law when it allowed the search and seizure of Natanson's electronic devices to go forward.
On Monday, the organization said that recently unsealed court documents had proven its suspicions were correct as it filed a formal disciplinary complaint against the federal prosecutor who signed the search warrant application: Assistant Attorney General Gordon Kromberg had failed to disclose to the magistrate judge who approved the warrant the Privacy Protection Act of 1980, which strictly limit search warrants for journalists' work products and materials.
That allegation led the Freedom of the Press Foundation (FPF) to file a disciplinary complaint with the Virginia State Bar on Friday.
By not alerting Judge William B. Porter to the law, Kromberg "appears to have violated an ethical rule that requires lawyers to reveal relevant legal authority to the court, even if it undermines their arguments," said FPF.
Seth Stein, the chief of advocacy for FPF, filed the complaint nearly a month after the FBI executed the search warrant at Natanson's home and seized several devices.
The raid was completed as part of an Espionage Act investigation into Aurelio Perez-Lugones, a government contractor who's accused of leaking classified information to Natanson. The journalist has extensively covered the experiences of people in the federal workforce in the past year, as the Trump administration has fired or pushed out more than 350,000 employees.
The Privacy Protection Act prohibits searches of a journalist's materials unless there is probable cause to believe that the reporter themself has committed a crime related to their work materials. The law stipulates that the mere possession of materials by a journalist cannot trigger that exception unless the materials are child sexual abuse imagery or national security secrets.
As the New York Times reported last week, "It is disputed whether it is constitutionally permissible to apply the Espionage Act to ordinary news gathering activities by people without security clearances."
Prosecutors have never charged a traditional reporter with violating the Espionage Act for news gathering activities. The Department of Justice alarmed First Amendment advocates during President Donald Trump's first administration when it charged WikiLeaks founder Julian Assange under the Espionage Act for publishing classified files; Assange later struck a plea deal so the constitutionality of his charges were not tested in court.
Stein emphasized in the filing that Kromberg's omission of the Privacy Protection Act "could not have been a mere oversight—the warrant in question was, predictably, a subject of national news, given that raids of journalists’ homes during investigations of alleged leaks by government personnel are, according to experts, unprecedented."
"Disciplinary bodies cannot look the other way and ignore misconduct that threatens the First Amendment, particularly from an administration with a long history of misleading judges and everyone else."
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Several legal experts who specialize in ethics told the Times last week that if Kromberg knew about the Privacy Protection Act and didn't alert Porter that the search could violate the law, he violate an ethical statute called Rule 3.3, “Candor Toward the Tribunal."
New York University professor emeritus Stephen Gillers told the Times that Kromberg was required “to disclose the Privacy Protection Act because it is ‘controlling,’ which means the judge was required to consider it in his ruling on the government’s request, and because the act’s provisions are ‘adverse,’ which means its requirements could have the effect of denying the government’s request.”
Stein said in a statement that Kromberg and the federal government "omitted a federal law that should have prohibited the raid of Hannah Natanson’s home when applying for a search warrant."
Natanson and the Post filed a lawsuit demanding the return of her electronic devices and data, arguing that under the Privacy Protection Act, it is illegal for the government to review her reporting work that is unrelated to the investigation into Perez-Lugones.
In the filing on Friday, Stein warned that in addition to harming Natanson's ability to complete her work, the FBI has jeopardized the confidentiality of her sources, and "journalists and whistleblowers across the country are sure to think twice about drawing the ire of the current administration" in light of the reporter's ordeal.
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FPF called on the Virginia State Bar to take "appropriate disciplinary action, up to and including disbarment," against Kromberg.
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TJ Sabula, the auto worker who called President Donald Trump a “pedophile protector" last month, is reportedly keeping his job.
According to a report from the Detroit News, United Auto Workers (UAW) vice president Laura Dickerson said on Monday that Sabula is not getting fired from his job at a Ford truck plant in Dearborn, Michigan, and he will not face any discipline for his heckling of the president.
Dickerson, who discussed Sabula's case at the UAW's annual Community Action Program conference in Washington, DC, also took a shot at Trump for giving Sabula the middle finger while appearing to mouth or yell “fuck you” back at the auto worker.
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UAW president Shawn Fain also took time during the conference to offer appreciation for Sabula, the Detroit News reported.
"That's a union brother who spoke up," said Fain. "He put his constitutional rights to work. He put his union rights to work."
Sabula, who said he decided to called Trump a "pedophile protecter" for his attempts to block the release of files related to late billionaire sex offender Jeffrey Epstein, had been suspended from his job after the incident took place.
Critics of the president quickly rushed to Sabula's aid, however, as two separate GoFundMe campaigns aimed at raising money for the auto worker raked in a total of over $800,000.
In an interview published last month by the Washington Post, Sabula said he had “no regrets whatsoever” about yelling at the president, even though it led to his suspension.
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The Wall Street Journal reported on Monday that construction trade groups in southern Texas have been sounding the alarm about aggressive immigration raids on work sites that are leading to serious delays of projects, which in turn are raising prices for buyers and lowering profit margins for sellers.
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Mario Guerrero, chief executive of the South Texas Builders Association, said that the raids were "terrorizing job sites," and grinding economic activity to a halt.
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Luis Rodriguez, a manager at a tile supplier called Materiales El Valle, confirmed to the Journal that immigration enforcement agents have started targeting all immigrants in the area, whereas in the past they would only detain specific people for whom they had an arrest warrant.
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A Monday report in the New York Times similarly found that Trump's mass deportation policies have rocked the tiny town of Wilder, Idaho, which is still reeling from a federal raid that took place last year at a race track frequented by the local immigrant community.
As a result, 75 immigrants living in Wilder—just over 4% of its total population—have so far been deported.
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“What happens if everyone who is Hispanic thinks they’re at risk?” Lincoln told the Times. “There’s fear now that didn’t exist here before. I don’t know how you make that go away.”
Chris Gross, a farmer in the town, expressed shock that so many members of the community have simply vanished in such a short time.
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Federal officials targeted Wilder for a raid after they were sent a tip from an informant about an alleged illegal gambling ring being operated at the local race track.
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The reporting came after a self-professed three-time Trump voter, identified only as “John in New Mexico, Republican,” called in to C-SPAN last week to apologize for previously supporting the president, whom he called a "rotten, rotten man," citing his immigration operations and racist post about the Obamas.
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