Month: December 2024

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Former Federal Bureau of Prisons Lieutenant Convicted of Violating Inmate’s Civil Rights

Source: United States Department of Justice

Daniel Mitchell, a former lieutenant at the Federal Bureau of Prisons (FBOP), pleaded guilty this week to one charge of conspiring to violate civil rights.

“The defendant’s actions were an unacceptable breach of his responsibilities as a law enforcement officer,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “FBOP officers cannot take the law into their own hands, and the Justice Department will aggressively prosecute federal and local law enforcement officials who use physical force to punish inmates.”

“Corrections Officers work in dangerous environments with limited resources and deserve our respect and gratitude,” said U.S. Attorney Michael F. Easley Jr for the Eastern District of North Carolina. “But officers acting outside the law to injure an inmate erodes the rule of law, violates civil rights and puts other officers’ lives in jeopardy. We won’t tolerate misconduct in our prisons, by inmates or guards, and will take every measure to keep our institutions safe.”

“Rather than following the normal disciplinary process, Mitchell devised a plan to violently retaliate against an inmate,” said Special Agent in Charge Timothy C. Edmiston of the Justice Department Office of the Inspector General (OIG) Mid-Atlantic Region. “This coordinated attack violated the civil rights of a defenseless inmate and broke every tenet that FBOP employees swear an oath to uphold. The Justice Department OIG is committed to protecting the civil rights of inmates and will pursue any DOJ employee who abuses their power.”

According to court documents and other information presented in court, on Dec. 8, 2021, Mitchell was on duty as a lieutenant supervising the special housing unit (SHU) at Federal Correctional Institute Butner Medium II. Victim K.G. was an inmate housed in the SHU under Mitchell’s supervision.

That morning, a female officer reported to Mitchell that she had been doing rounds in the SHU when inmate K.G. exposed himself and engaged in a sexual act within her view. After the female officer left, Mitchell called another corrections officer, co-conspirator 1, into his office to discuss how to handle K.G.’s alleged misconduct. The normal disciplinary process at FBOP involved a formal write-up of the alleged misconduct. Mitchell and co-conspirator 1 decided that the formal disciplinary was not sufficient. Instead, Mitchell directed co-conspirator 1 to take inmate K.G. from his cell to a holding cell to teach him a lesson by “tuning him up.”

After receiving Mitchell’s instructions, co-conspirator 1 asked some fellow officers to help move inmate K.G. to a holding cell. Once they were alone in the cell, co-conspirator 1 struck and kicked inmate K.G. several times, and knocked him to the ground. Other officers intervened and pulled co-conspirator 1 away from K.G. K.G. sustained minor injuries and later called a medical emergency to his room because the incident aggravated a preexisting back condition and caused spasms.      

The Justice Department’s Officer of Inspector General initiated an investigation into the matter after an officer witness raised concerns. In interviews, multiple officer witnesses described officer co-conspirator 1’s unprovoked assault on inmate K.G. Officers also described seeing co-conspirator 1 meet with Mitchell just prior to when co-conspirator 1 asked for their assistance moving inmate K.G. to the holding cell. In later interviews, Mitchell and co-conspirator 1 both described meeting in Mitchell’s office and admitted that they agreed that officer co-conspirator 1 would assault K.G. as punishment.

A sentencing hearing is scheduled for March 31, 2025. Mitchell faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.   

The Justice Department’s Office of the Inspector General investigated the case.  

Assistant U.S. Attorney Jake D. Pugh for the Eastern District of North Carolina and Trial Attorney Eric Peffley of the Justice Department’s Civil Rights Division are prosecuting the case.

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Justice Department Issues Final Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data

Source: United States Department of Justice

Note: View the fact sheet here.

WASHINGTON – Today, the Justice Department issued a comprehensive final rule carrying out Executive Order (E.O.) 14117 “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The E.O. charged the Justice Department with establishing and implementing a new regulatory program to address the urgent and extraordinary national security threat posed by the continuing efforts of countries of concern (and covered persons that they can leverage) to access and exploit Americans’ bulk sensitive personal data and certain U.S. Government-related data. The Final Rule will take effect 90 days from the date of the Final Rule’s publication, with certain affirmative due diligence, reporting, and auditing requirements taking effect 270 days after publication.

“This final rule is a crucial step forward in addressing the extraordinary national security threat posed of our adversaries exploiting Americans’ most sensitive personal data,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This powerful new national-security program is designed to ensure that Americans’ personal data is no longer permitted to be sold to hostile foreign powers, whether through outright purchase or other means of commercial access.”

The Final Rule implements the E.O. by promulgating generally applicable rules for certain categories of data transactions that pose an unacceptable risk to the national security of the United States. As described in the E.O., countries of concern and covered persons can use their access to this data to engage in malicious cyber-enabled activities and malign foreign influence activities, bolster their military capabilities, and track and build profiles on U.S. persons (including members of the military and U.S. Intelligence Community, as well as other Federal employees and contractors) for illicit purposes such as blackmail, coercion, and espionage, and to bolster their military capabilities. Countries of concern and covered persons can also exploit this data to collect information on activists, academics, journalists, dissidents, political opponents, or members of nongovernmental organizations or marginalized communities to intimidate them; curb political opposition; limit freedoms of expression, peaceful assembly, or association; or enable other forms of suppression of civil liberties.

The Final Rule reflects the risk highlighted in the E.O. that the vulnerability of Americans’ bulk sensitive data is exacerbated because countries of concern are increasingly using bulk sensitive personal data to develop and enhance artificial intelligence (AI) capabilities and algorithms that, in turn, enable the use of large datasets in increasingly sophisticated and effective ways to the detriment of U.S. national security. Countries of concern can use AI in conjunction with multiple unrelated data sets, for example, to identify U.S. persons whose links to the federal government would be otherwise obscured in a single dataset and who can then be targeted for espionage or blackmail.

Among other things, the Final Rule identifies countries of concern and covered persons to whom the Final Rule applies, and designates classes of prohibited, restricted, and exempt transactions. The Final Rule establishes bulk thresholds for certain sensitive personal data, including human ‘omic data, biometric identifiers, precise geolocation data, personal health data, personal financial data, and certain covered personal identifiers. The Final Rule also prescribes processes to obtain licenses authorizing otherwise prohibited or restricted transactions; protocols for the designation of covered persons; and provides advisory opinions, and recordkeeping, reporting, and other due diligence obligations for covered transactions.

The Final Rule is consistent with the United States’ commitment to promoting an open, global, interoperable, reliable, and secure internet; protecting human rights online and offline; supporting a vibrant, global economy by promoting cross-border data flows that are required to enable international commerce and trade; and facilitating open investment. Notably, the Final Rule does not impose generalized data localization requirements regarding the physical or electronic storage of Americans’ bulk sensitive personal data or U.S. Government-related data, nor does it require locating computing facilities within the United States to process such data. The Final Rule does not prohibit U.S. persons from conducting medical, scientific, or other research in countries of concern, or from partnering or collaborating with covered persons to share data to conduct researching, if that activity does not involve the exchange of payment or other consideration as part of a covered data transaction. The Final Rule also does not broadly prohibit U.S. persons from engaging in commercial transactions, including exchanging financial and other data as part of the sale of commercial goods and services with countries of concern or covered persons, or impose measures aimed at a broader decoupling of the substantial consumer, economic, scientific, and trade relationships that the United States has with other countries.

The Final Rule further exempts several classes of data transactions from the scope of its prohibitions and restrictions, including personal communications and certain financial services transactions, corporate group transactions, transactions authorized by Federal law and international agreements, investment agreements subject to a Committee on Foreign Investment in the United States (CFIUS) action, telecommunication services, biological product and medical device authorizations, clinical investigations, and others.

The Final Rule’s prohibitions and restrictions are consistent with other access restrictions on sensitive personal data that have been imposed in other contexts, including transactions reviewed by the CFIUS and the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector (Team Telecom).

Lastly, under the Final Rule, parties engaging in vendor agreements, employment agreements, and investment agreements involving access by countries of concern or covered persons to bulk U.S. sensitive personal data or U.S. Government-related data would be restricted transactions that must comply with the separate security requirements that have been developed by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) in coordination with the Justice Department. These security requirements include organizational and system-level requirements (such as ensuring that basic organizational cybersecurity policies, practices, and controls are in place), and data-level requirements (such as data minimization and masking, encryption, and privacy-enhancing techniques). These critical requirements will be published separately by CISA through the Federal Register and on CISA’s website.

In connection with the Final Rule, the Justice Department will publish compliance, enforcement, and other guidance, which will be located at www.justice.gov/nsd/data-security. The Department will also continue to engage with industry and other stakeholders to determine whether any wind-down licenses are appropriate as this program goes into effect. The Department also anticipates publishing information regarding the application process to seek an advisory opinion or a license for an otherwise prohibited or restricted transaction, as described generally in the Final Rule at Subpart H.

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Defense News: 75 Years of EURAFCENT and NATO: A Legacy of Unity and Strength

Source: United States Navy

Emerging from the devastation of World War II, the alliance united 12 nations with the principle that an attack on one would be an attack on all. NATO’s mission evolved beyond military deterrence, fostering political cohesion, economic stability, and a transatlantic partnership that has supported global security for decades.

In today’s complex security environment, NATO’s strength lies not only in its 32 member nations but in the infrastructure, personnel, and partnerships that support its operations. Among the critical enablers of NATO’s collective defense are the naval installations and personnel under the purview of Navy Region Europe, Africa, Central (EURAFCENT).

Enabling a Strong Maritime Presence:
“Geographically and logistically, our region serves as the backbone for NATO’s ability to project power and protect global stability,” said Rear Adm. Brad Collins, commander, Navy Region Europe, Africa, Central.
Region EURAFCENT’s area of responsibility encompasses some of the most strategically significant installations in the world for NATO, including bases in Spain, Greece, Italy, and the AEGIS Ashore Missile Defense Systems in Poland and Romania. These locations enable the U.S. Navy and its NATO allies to maintain readiness, secure sea lanes, and counter emerging missile threats.
With the establishment of the new missile defense bases in Romania and Poland, NATO’s defensive capabilities are more robust than ever, providing a shield against potential threats from adversarial forces seeking to destabilize the region.

These bases, part of NATO’s Ballistic Missile Defense system, symbolize the alliance’s readiness to defend any member from any threat. They are a tangible reminder of NATO’s motto: “Not today, not ever.” For anyone considering aggression against a NATO ally, the message is clear—peace will be protected, and any threat will be met with swift and decisive action.
In an address to EURAFCENT service members and civilians, Rear Adm. Collins emphasized the region’s impact on global operations, highlighting the Eisenhower Carrier Strike Group’s historic deployment. The strike group launched 155 standard missiles and 135 Tomahawk land-attack missiles, taking down Houthi adversaries who were threatening peace in the area. These actions were critical in protecting vital waterways and maintaining stability in a region under tension.

USS Dwight D. Eisenhower (CVN 69) was forward deployed for nine months, with few opportunities for port calls or the ability to replenish in port. Region EURAFCENT answered the call to support CVN 69’s readiness and their continued operations. In Collin’s address he goes on to say, “We saw this in the 30 replenishments-at-sea the Eisenhower strike group received. The supplies and logistic support received by the [Eisenhower] strike group, in order to sustain a forward deployed posture, was only made possible by you.”

Supporting NATO’s Strategic Goals:
As NATO faces new challenges—ranging from Russian adversarial actions in Eastern Europe to security threats in the Mediterranean—the alliance states it has undertaken the largest reinforcement of its collective defense in a generation. This includes increasing forces along the eastern flank, deploying carrier strike groups to the Adriatic, Baltic, and Mediterranean Seas, and conducting joint exercises with allies and partners.
EURAFCENT’s installations are essential to these efforts, enabling the rapid deployment of forces, sustaining carrier operations, and facilitating joint exercises that enhance interoperability among NATO members. These exercises not only prepare forces for crises but also send a clear message of deterrence: NATO’s commitment to collective defense is unwavering.

Securing the Future:
As NATO celebrates its 75th anniversary, its ability to adapt and strengthen remains a cornerstone of its success. Region EURAFCENT’s support is critical to the alliance’s ability to counter threats and safeguard freedom from economic coercion, ensuring the free flow of trade and resources essential to global stability.
Rear Adm. Collins summed up the region’s critical role: “We are living in an unprecedented time, rendering aid in the fight of major, global conflicts, and our region is at the heart of it. Our EURAFCENT warriors are the backbone, geographically and logistically, in pursuit of protecting and controlling the seas. We have done that.”
From its inception to its current role as one of the world’s most influential military alliances, NATO’s strength lies in its unity—and the unwavering support of shore side installations that ensure unity will endure for generations to come.

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Defense News: USS Montana Arrives to New Homeport of Pearl Harbor

Source: United States Navy

The Virginia-class fast-attack submarine USS Montana (SSN 794) arrived at Joint Base Pearl Harbor-Hickam following a change of homeport from Naval Station Norfolk, Virginia, December 23, 2024.

Montana’s arrival marks the ninth Virginia-class fast-attack submarine home ported at Joint Base Pearl Harbor-Hickam, and the submarine will be assigned to Submarine Squadron 1.

“We’re all very excited to be here in Pearl Harbor and we appreciate the great welcome,” said Cmdr. John Gilligan, commanding officer of USS Montana. “This crew did extraordinary work in Virginia to get to this significant milestone. It was an honor to go to sea with them. Now that we’re here in the Pacific, we’re ready and eager to get out there doing the work of the Navy.”

Capt. Aaron Peterson, commander, Submarine Squadron 1 met the Montana pier side upon arrival to welcome the crew to their new home. “On behalf of the Pacific Submarine Force Ohana, I enthusiastically welcome the officers and crew of the good ship Montana, with the warmth, culture, and spirit unique to the state of Hawaii,” said Peterson. “I look forward to getting Montana’s crew trained, certified, and out to sea to defend our nation, and our allies and partners from aggression.”

Before completing its homeport shift from the east coast, Montana completed a post-shakedown availability at Newport News Shipbuilding and was re-delivered to the Navy in November 2024. “Through a great effort by the crew, working with our industry partners, we’ve completed our availability and rejoined the Fleet. We’re ready to execute any task we’re called upon to complete throughout the Indo-Pacific,” said Gilligan. “The crew has been looking forward to executing this change of homeport, reuniting with our families, and bringing the Montana community all together. We’re thrilled to join the team here in Hawaii and stand ready to defend our nation.”

Commissioned on Jun. 25, 2022 at Naval Station Norfolk, Montana is the second warship to be named after the state, following the armored cruiser USS Montana (ACR 13). The boat is more than 377 feet long and can displace nearly 7,800 tons. Montana has a crew of approximately 140 Sailors and is capable of supporting various missions, including anti-submarine warfare, anti-surface ship warfare, strike warfare, and intelligence, surveillance, and reconnaissance.

The U.S. Pacific Fleet Submarine Force provides strategic deterrence, anti-submarine warfare, anti-surface warfare, precision land strike, intelligence, surveillance, reconnaissance, and early warning, and special warfare capabilities around the globe.

For more information, contact csp_pao@us.navy.mil or visit our website at https://www.csp.navy.mil/.

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Defense News: INDOPACOM Commander Visits NPS, Discusses Strategic Challenges, Technological Innovation

Source: United States Navy

An NPS graduate, Paparo’s day began with updates on relevant research efforts from faculty and students in briefings and poster sessions addressing the unique needs of the Indo-Pacific region, including logistics and force design.

“This was a great opportunity to discuss real-world applications touching both defense management and operations research that will have immediate and lasting impact for INDOPACOM,” said Harrison Schramm, a Senior Lecturer in the Department of Defense Management who is leading a project addressing joint force sustainment.  “We are leveraging the intersection of student operational experience, practitioners, and industry to assist with scaled implementation.”

Prior to his guest lecture, Paparo engaged with students at a research poster session. Included were U.S. Navy Lt. Jordan Whittle and U.S. Navy Lt. Adam Summers, who both graduate this December. They presented their capstone/thesis work titled “Unmanned Flotillas: A Cost- Effectiveness Analysis for Sea Denial Operations,” which won the Surface Navy Association award for academic excellence.

“Our classified thesis gave us a chance to apply what we learned to real-world operational needs,” said Whittle. “The opportunity to share our solution directly with Admiral Paparo was something Adam and I did not expect, but it went very well.”  

“For both of us that was out first time briefing a four-star Admiral,” Summers added. “When we shared the nature and sponsor of our research, he asked us to send him our completed thesis. He is in receipt of our work.” 

Following the poster session was the SGL with more than 1,300 students, faculty, and staff in attendance to hear from Paparo, who leads all U.S. military operations across the vast Indo-Pacific covering 36 nations, 14 time zones, and 60 percent of the world’s population. 

During the guest lecture, he stressed the importance of the region where nearly a third of global trade passes through the South China Sea. With seventy percent of U.S. Joint Forces under his command, Paparo expressed the magnitude of the challenge emphasizing technological superiority to counter threats from regional adversaries and conveyed a sense of urgency to the NPS community assembled.

Paparo also emphasized the transformative role of technology in modern conflict. He explained that future wars will be won by those who can “see, understand, decide, and act faster,” underscoring the necessity of integrating artificial intelligence (AI), electronic warfare, and space operations into military strategies, and “finding ways to combine AI tools and human decision making that deliver a decision advantage.”

“The information age will not replace the industrial age, it will accelerate it,” he said, underlining the critical importance of combining knowledge tools with precision effects in order to maintain a strategic edge. 

He also highlighted the vital role that institutions like NPS play in preparing future leaders to navigate this rapidly changing landscape. He recognized the school’s proximity to Silicon Valley, praised its pioneering history, and its continued focus on technical research, noting these as key assets for advancing defense innovation.

“We must have elite institutions that are focused on defense problems, and this is why the Naval Postgraduate School was started in the first place,” said Paparo. “I can clearly see the importance of NPS today. First, its students have a unique understanding of warfare, second is its geography in such close proximity to the hub of innovation for the world, and third you are in the Pacific – where I need you most.” 

Paparo urged students and faculty to continue driving innovation and discussed how collaboration with the private sector can accelerate technological advancements.

“NPS is one of the elite schools of this country,” Paparo noted. “America needs elite, highly technical institutions that are executing research and development at the zenith of science to address our unique defense problems.”

Following the lecture, students asked their own questions on the daily challenges he faces in INDOPACOM as well as in the DOD. 

In response to a question on why the U.S. private sector has outpaced DOD in technological innovation, Paparo emphasized the importance of partnerships between the military and industry, noting NPS’ comparative advantages and collaborations with tech leaders that will be crucial in closing this gap.

He was also asked about the significance of unmanned systems in modern warfare, citing their expendability and innovative potential. Paparo made the point that autonomous, unmanned, weaponized drones have been a feature of the U.S. arsenal for decades, citing the Tomahawk cruise missile from 1980’s, and noted the difference today is low cost and diffusion of the technology.

“The value in drones is their lack of value,” Paparo said. “I don’t want to send a human being to do something that an unmanned aerial vehicle can do. But the weak link in drone warfare today is the network that it’s acting on. Every night they learn this in Ukraine. Every night they’re putting drones out, and every night they’re switching up their network. I believe electronic warfare is the next level of overmatch, and I favor AI for use in this way.”

Concluding his remarks, Paparo gave a sobering reflection on potential impact of modern conflict in the Indo-Pacific, stressing that deterrence remains America’s highest duty. He reaffirmed the importance of strength, readiness, and alliances in securing peace.

Paparo’s visit underscored the essential role of defense education and research at institutions like NPS to develop tech-savvy, decisive military leaders, while driving relevant innovation with industry partners to meet the complex security challenges of the 21st century.

“This institution [NPS] is important to the Navy, the United States of America and the world. I saw some great capstone thesis projects today, and it just made me beam with pride about the level of thinking that’s going on here. So, I’m proud to be your teammate.”

Watch Adm. Paparo’s guest lecture at NPS: https://youtu.be/FD8A2Fr5OAY