US soldier killed in firefight between NATO and Afghan troops, sources say

Jalalabad, Afghanistan An American soldier and an Afghan soldier were killed when a firefight broke out between Afghan and NATO coalition forces at a compound where a senior US diplomat met a provincial governor in eastern Afghanistan, police and US sources said.

A handful of others from both sides were wounded in the shooting, which erupted shortly after the diplomat left the compound aboard a helicopter, according to US and Afghan sources.

The NATO soldiers involved in the incident were American, according to Afghan police, and had been leaving the venue to return to Camp Gamberi in east Afghanistan where they were stationed.

NATO issued a statement saying one of its soldiers had been killed, without divulging the nationality, though a US source told Reuters that the dead soldier was American and two Americans had been wounded in the clash.

Two Afghan soldiers were also injured in the shoot out and it was unclear who had fired first, police said, adding that an Afghan soldier was being questioned. They had no other details on the American casualties.

The US embassy in Kabul issued a statement on the incident without referring to casualties.

"We are aware that there was an exchange of gunfire involving Resolute Support service members... All Chief of Mission personnel of the visiting party are accounted for," the US embassy said.

The frequency of "insider attacks" in Afghanistan has fallen sharply this year as most foreign forces withdrew from the country in 2014.

A small contingent of around 12,000 NATO troops remains in Afghanistan to train Afghan forces after the combat mission officially ended last year.

Wednesday's incident was the first since January, when three US military contractors were killed by an Afghan soldier in the capital Kabul.

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US soldier killed in firefight between NATO and Afghan troops, sources say

NATO says 1 of its soldiers killed in insider attack in Afghanistan

This story has been updated.

KABUL, Afghanistan An Afghan soldier opened fire Wednesday on U.S. soldiers in eastern Afghanistan, killing one and wounding several others in the first hostile fire death suffered by the U.S. military since the end of the NATO combat mission, officials said.

The attack occurred after a meeting between U.S. Embassy officials and local Afghan leaders at the provincial governors home in Jalalabad, said Hazrat Hussain Mashraqiwal, police spokesman for Nangarhar province.

The Afghan soldier suddenly fired on troops providing security for the Embassy team. He was killed when security team members returned fire, Mashraqiwal said. None of the U.S. diplomats was injured, the embassy said.

Pentagon spokesman Col. Steve Warren confirmed the fatality was an American soldier and that several U.S. soldiers were wounded. The wounded were taken to regional medical facilities, Warren said. He said he didnt know how seriously they were injured.

It was the first hostile fire death suffered by the U.S. military since NATO ended its combat role in Afghanistan at the end of last year and shifted to a training and assistance mission known as Operation Resolute Support. Two 1st Cavalry Division soldiers were killed Dec. 12 by an IED in Parwan province. Three American civilian contractors were killed by an Afghan soldier Jan. 29 at Kabul airport.

Mashraqiwal also said a police officer had been detained for questioning in connection with Wednesdays shooting. He said the policeman was not in Jalalabad at the time of the attack and provided no further details as to the officers involvement.

Afghan Gen. Fazel Ahmad Sherzad, who is police chief for eastern Nangarhar province where the shooting happened, said it took place immediately after the meeting in the governors compound and the embassy official had left.

Right after the U.S. official had left, suddenly an Afghan army soldier opened fire on the U.S. soldiers who were present in the compound, Sherzad told The Associated Press.

The American troops returned fire, killing the Afghan soldier, whom Sherzad identified as Abdul Azim, from Laghman province.

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NATO says 1 of its soldiers killed in insider attack in Afghanistan

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Drug Enforcement Administration tracked phone calls years before the NSA did (+video)

Americans making phone calls abroad may have had that information tracked by a government agency long before the National Security Agency launched its covert surveillance program in response to the Sept. 11 terrorist attacks. The US Drug Enforcement Administration not only preempted the NSA, but it may have provided the blueprint for its controversial program, USA Today reported on Wednesday.

For more than two decades, the Justice Department and the DEA collected logs of every phone call from the United States to about 116 countries linked to drug trafficking. The records were used for narcotics investigations until the program was discontinued in 2013. But while some government officials say the program made Americans safer by cracking down on drug smuggling and other criminal activity, others say it invaded the privacy of citizens and may have been illegal.

"I am deeply concerned about this kind of suspicionless intrusion into Americans' privacy in any context, but it is particularly troubling when done for routine criminal investigations,'' Sen. Patrick Leahy (D) of Vermont wrote in a March 2014 letter to Attorney General Eric Holder.

Senator Leahy also said that the program was never reviewed in court and that no limits were placed on how and when the database was searched.

Meanwhile, the nongovernmental organization Human Rights Watch filed suit against the DEA on Tuesday, saying the agency collected information about calls it made to certain foreign sources who the organization says could have been in life-threatening situations. The organizations legal counsel stated that the DEAs data collection was illegal.

Both the First and Fourth Amendment protect Americans from this kind of overreaching surveillance. This lawsuit aims to vindicate HRWs rights, and the rights of all Americans, to make calls overseas without being subject to government surveillance, said Nate Cardozo, a staff attorney at the Electronic Frontier Foundation, the organization representing Human Rights Watch.

But government officials have defended the program, saying it successfully put an end to the activities of drug cartels operating within the US and across its borders.

The program yielded "a treasure-trove of very important information on trafficking," former DEA Administrator Thomas Constantine told USA Today. It "produced major international investigations that allowed us to take some big people.

The DEA's surveillance program was first brought to public light in January after a federal judge ordered that the government reveal more information about the program. A DEA agent connected with the program originally disclosed information about it during a criminal case against a man in California accused of violating export restrictions on technological goods to Iran. The agents declaration revealed that the DEA used administrative subpoenas to amass an extensive database of phone records.

In the court filing, the official revealed that the agency had long used administrative subpoenas, instead of federal court order, to collect the metadata of calls to foreign countries that were determined to have a demonstrated nexus to international drug trafficking and related criminal activities.

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Drug Enforcement Administration tracked phone calls years before the NSA did (+video)

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Watch Cleveland police officer take the Fifth in Michael Brelo trial sparking heated debate (video)

CLEVELAND, Ohio -- Cleveland police detective Michael Demchak invoked his Fifth Amendment right against self-incrimination shortly after being called to the witness stand Wednesday to testify in the trial of fellow officer Michael Brelo. A heated argument ensued.

Demchak, who was involved in the 22-minute chase and fired some shots at the car driven by Russell, was granted his right by Cuyahoga County Common Pleas Court Judge John P. O'Donnell.

Prosecutor Timothy McGinty filed a motion saying he wanted to treat any Cleveland police officers that might testify during the trial as hostile witnesses. The motionargues police officers were not fully cooperative with investigators during interviews with the Ohio Attorney General's Bureau of Investigations and with prosecutors' efforts leading up to the trial.

Brelo is the only officer to face criminal charges in the November 2012 chase that ended with 13 officers firing 137 shots into a car fatally shooting unarmed Russell and Williams.

Brelo, who prosecutors have said fired 49 of the shots, waived his right to a jury. O'Donnell will ultimately render a verdict in the case.

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Watch Cleveland police officer take the Fifth in Michael Brelo trial sparking heated debate (video)

Cleveland police officer refuses to testify during trial of fellow officer Michael Brelo (video)

CLEVELAND, Ohio -- The otherwise low-key trial of Cleveland police officer Michael Brelo saw some drama Wednesday, the third day of testimony, when a fellow police officer refused to testify.

Prosecutors got through just a couple basic questions about the identity and work history of Cleveland police officer Michael Demchak beforeDemchak invoked his Fifth Amendment right against self-incrimination on the witness stand.

According to a report from the Bureau of Criminal Investigation, Demchak was one of 13 officers that fired their guns one night in November 2012, when two unarmed suspects were killed. Investigators concluded Demchak fired his gun four times.

Brelo, 31, is on trial on two counts of manslaughter in the case ofTimothy Russell and Malissa Williams, who were shot to death by police in a 1979 Chevy Malibu. Russell, the driver, had evaded police during a 22-minute car chase through Cleveland and East Cleveland on Nov. 29, 2012.

Demchak told the court he invoked his right based on the advice of his attorney and would not testify unless he is granted immunity by the prosecutor's office.

Prosecutors had filed motions before the start of the trial opposing police officers who may invoke the Fifth Amendment. And they were quick to voice their opposition in court as well.

"We don't believe police officers should be granted immunity for testifying," assistant prosecuting attorney Adam Chaloupka told the court. Chaloupka said police officers should trust the Prosecutor's Office to not to charge them for testimony given during the trial.

Cuyahoga County Prosecutor Timothy J. McGinty, who has been present but silent at the proceedings until Wednesday, told the court that as a matter of public policy police officers should be required to testify without being able to demand immunity.

"It won't end with this," McGinty told the court. "I am reluctant to start doing it here and now for fear of the future result."

McGinty also told the court that police officers knew one of their fellow officers did something wrong that night, but refused to come forward with that information to investigators.

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Cleveland police officer refuses to testify during trial of fellow officer Michael Brelo (video)

RFRA and the First Amendment Explained for Small Business Owners – Can you turn away business? – Video


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Noted First Amendment lawyer to lead Yale Law Media Freedom and Information Access Clinic

David A. Schulz 78 J.D., a leading First Amendment lawyer who has defended the rights of journalists and news organizations for more than 30 years, has been named clinical lecturer in law and co-director of the Media Freedom and Information Access Clinic (MFIA) at Yale Law School.

This full-time appointment, which becomes effective on July 1, was made possible through the financial support of the Stanton Foundation and the John S. and James L. Knight Foundation, including recent gifts of $828,600 from each foundation.

We are thrilled that David has accepted this position and that the MFIA Clinic is now poised to have an even greater impact protecting investigative reporting and the publics right of access to information, said Yale Law School Dean Robert C. Post 77 J.D.

Prior to this appointment, Schulz was the Floyd Abrams Visiting Clinical Lecturer in Law at Yale Law School. He has supervised students in the MFIA Clinic since it began in 2009.

The addition of Schulz as a full-time director will enable the MFIA Clinic to expand its reach by taking on more cases with a longer view of pursuing litigation to establish precedents that will protect the rights of investigative reporters. It will also help leverage the clinics expertise through joint efforts with other organizations supporting open government.

Now that David is with us full-time, Yale is going to produce a new generation of first-rate legal advocates devoted to the protection of press freedoms, said Jack Balkin, the Knight Professor of Constitutional Law and the First Amendment, who co-directs the MFIA clinic with Schulz. His efforts here will have beneficial effects for many years to come.

Schulz has litigated issues concerning government secrecy in many contexts. He was tapped to provide advice on the WikiLeaks and Edward Snowden disclosures, has pursued reporters access rights at Guantanamo Bay, and has represented a number of journalists in federal leak investigations. Most recently, he has represented news organizations asserting a constitutional right to inspect and copy videotape evidence of the forced feedings of a Guantanamo detainee, which was introduced in a habeas proceeding alleging that the techniques used amounted to torture.

MFIA was established in 2009 by a group of Yale Law School students and since then has provided pro bono representation to clients on a diverse array of matters touching on issues of transparency, free speech, and press freedom. The clinic is dedicated to increasing government transparency, defending the essential work of news gatherers, and protecting freedom of expression through impact litigation, direct legal services, and policy work. It is part of the Abrams Institute for Freedom of Expression, which is affiliated with and administered by the Information Society Project at Yale Law School.

Knight Foundation supports transformational ideas that promote quality journalism, advance media innovation, engage communities and foster the arts. It believes that democracy thrives when people and communities are informed and engaged.

The Stanton Foundation was created by Frank Stanton, the president of CBS from 1946 to 1971. Among his accomplishments at the networks helm, Stanton initiated the first televised presidential debates the famous Kennedy-Nixon Great Debates, developing a format that subsequently became a staple of electoral politics. The foundations interests include classic and 21st-century First Amendment issues and the larger challenge of creating a better-informed citizenry.

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Noted First Amendment lawyer to lead Yale Law Media Freedom and Information Access Clinic

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