JUS305 final Inside the Russian Spy Case PDF

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Operation Ghost Stories: Inside the Russian Spy Case

Megan Arias JUS305 Final 10/18/17

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Operation Ghost Stories: Inside the Russian Spy Case

1. American Justice System

Procedural laws Some of the implications of the procedural laws when mitigating domestic and international criminal activity is that the legal requirements affect the ways of processing a criminal case. This is because they tend to look like they are taking a one-sided position when it comes to matters that are related to the investigation of the case that are concerned (Procedural Law, n.d.). In the fourth amendment regarding the issue of unreasonable searches and seizures hinders police investigation and the arrest process. The reason for this is because it requires the police to have probable cause or even a court warrant before they can arrest a suspect. This can delay an investigation and help make rational criminals escape. Another issue that seems to block officers is in the sixth amendment which is the requirement to a speedy trial. (Rodriguez, A. C., 2007). With a speedy trial, its hard sometimes to be able to get all proper and necessary evidence and not have white collar criminal destroy the evidence before the police are able to get to it. This all requires experts and times so that everything is collected properly, and placed within court in a short period of time with the defendant. Rights and Responsibilities American citizens have a lot of rights as wells as responsibilities according to procedural laws. We as American citizens have the right to due process, a speedy and public trial, the right to bear arms, right to remain silent and many more. Some of our responsibilities as citizens are to

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Operation Ghost Stories: Inside the Russian Spy Case pay taxes and duties that may demanded by the law like voting, serving on a jury if you get called, or maybe joining the armed forces if you chose to do so. If a draft comes back you are obligated to do so. Citizens of the United States of America have a lot of responsibilities as well as a lot of rights (Rights and Responsibilities of Citizens, 2008-2017). Procedural law “also called adjective law comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings (Procedural Law, n.d.).” According to the procedural laws non-American citizens have rights do to the 14th amendment which declares “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law” (14th Amendment, 1998). The U.S typically also allows non-citizens to sue only if the if the action arose within the United States. The non-citizens also have the right to stay silent until a lawyer is present just like regular U.S citizens have that right. Non-United States citizens have a lot more rights than many people may think, they have the right to due process, a speedy and public trial and other rights that are protected under the 5th and 6th amendments. If non-citizens cannot obtain these laws that are set forth to them by the United States there is deportation, held at customs, imprisoned and much more depending on the crime that was committed.

Not Citizens According to the American justice system non-U. S citizens due not have as many rights as they do according to the procedural laws. They can come into the country, but they are not given the right to a speedy trial like given with the procedural laws. Non-citizens don’t have the right to due process or a public trial, but they are highly responsible for upholding matters related to

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Operation Ghost Stories: Inside the Russian Spy Case maintaining law and order this is to make sure they can live in a governable country during all times (Procedural Law, n.d.).

II Violation

Citizenship Status The Russian spy’s that were part of the Operation Ghost Stories were not United States Citizens. They were also not dual citizens by the case given they were called “illegals” meaning they did not have paperwork nor dual citizenship (October 31, 2011., Operation Ghost Stories).

Apprehend and Charge Since the Russian spies do not have citizenship in the United States this information given will affect the United States ability to apprehend and charge the criminal; the reason for this is because now the United States can claim responsibility for this crime that was committed on their soil. Current Location The Russian spies resided in the United States while the crimes were committed. By them residing in the US it did not interfere with the investigation nor apprehension because the FBI was watching the Russian spy’s trying to get more information on what they had and done before they detained them. However, it did impact their apprehension due to the criminals not being US citizens. Laws Violated and Consequences

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Operation Ghost Stories: Inside the Russian Spy Case The crimes were charged as Espionage and terrorism within the United States. Consequences for violating these crimes are being arrested and prosecuted in the United Stated, but also can be life in prison and death penalty. The FBI and CIA will work with the government of the other country to legally obtain the criminal over in the US since they are not citizens.

III International Agencies and Law Case Specific Violations The case-specific violations where the person(s) resided in the United States include; the Miranda rights, the Bill of Rights and the Fourth Amendment to the US constitution. The reason the Miranda rights were involved was because it defends the suspect(s) in police custody from selfdiscrimination, also certain aspects of police questioning (2017, “Understanding Search-and-Seizure Law”). The Russian spy case was a case that spread for many years. The government could obtain documentaries like images, video clippings everything that was related to the case they needed for evidence. The Miranda rights helped with the interrogations to make sure that everything was kept professional and prevented discrimination to occur. Political Factors Some factors came into play that influences the facilitation of the crime with the Russian Spy Case. According to the article FBI agents were looking in one of the suspects safety deposit box back in 2001 and happened to find a lot of photographic negatives of the suspect. The name of the company that created the negatives was on the back of all of them except one. The authorities at the time found out the producer of the negative without anything on the back was TACMA which is a Soviet Film company

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Operation Ghost Stories: Inside the Russian Spy Case (June 30, 2010., Rucker & Markon). So, things were leading up to the stop of the Russian spy’s from early on the U.S government and agents just needed enough evidence and proof to put a stop to it. Mitigate There were some FBI agents over in Russia helping to try to unfold the spy’s in the United States during the Operation Ghost Stories this way they could stay under cover; yet help with the arrest of the spy’s (FBI, 2016). During this time, the FBI had the United States Patriot Act that was there to help back them up. The main thing for this act was to allow the FBI to share and obtain information from other law enforcement agencies. So, in this case they could obtain records including business records, have a reasonable delay for search warrants and use roving wiretaps to the person instead of just a vehicle or a phone like normal (Dept. Of Justice, 2016). Organizations The law enforcement organizations aided in the investigation by helping the FBI in whatever way they could. They too were entitled by the United States Patriot Act, so they could share so much information with the FBI and be under legal obligation to do so (Dept. Of Justice, 2016). The limitations the officers had in this case are helping the FBI just due to discrimination or dislike of Russians (so to speak) or in other words they could not hand over documentation without reasonable cause as to why the FBI needed it. Extent of reciprocity The U.S law was making it easier for all agencies to be able to work together when in relation to this case. The laws are reciprocated throughout the whole United States. FARA and espionage are federal crimes along with the Patriot Act.

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Operation Ghost Stories: Inside the Russian Spy Case United States Cooperates There was a cooperative relationship between the United States and the international law enforcement agencies. The cooperation that was experienced during this crisis is still ongoing today. According to Bruno (2010), the article on what the Russian spy case reveals, The United States FBI helped with bringing down the Russian spy’s while Russia itself took a larger risk with the political embarrassments. The cooperation is still going on to this day to help ensure the professional war is managed. Coordinate and Cooperate The United States cooperates with these organizations in gathering and getting information. The reason they do this is because the cooperating ensures the FBI work together with foreign intelligence to control threats as well as dangers across the states. The Unites States intelligence unit work closely with the Russians and other groups to get intelligence from satellites to help with planning on the security counter measures (2010, Bruno). It is necessary to coordinate and cooperate with these and other agencies to ensure positive network and have access to easy surveillance. The American and Russian intelligence supports the deeper network to the national security (2010, Jerry & Rucker). With these types of cooperation’s and coordinating the suspects are all reached, arrested and the complaints are managed effectively. Conclusion Operation Ghost Story: The Russian Spy Case took around a decade to close, there were ten Russian spy’s that lived within the United States among the citizens as a citizen themselves had families, held jobs, all while getting intel on some of the United States secretive information. The FBI had to work with the Russian Government with cooperation and coordination to be able 7

Operation Ghost Stories: Inside the Russian Spy Case to put a stop to these spy’s that were in the United States. Finally, enough evidence was put together and the spies were caught and charged with espionage. Russia took a big political hit for the United States during this time in need, and now the cooperation that once held for this case with Russia is still in effect as of today.

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Operation Ghost Stories: Inside the Russian Spy Case REFERENCES: Procedural Law (n.d.) Retrieved on September 14, 2017 from https://legaldictionary.net/procedural-law/

14th Amendment to the U.S Constitution: Civil Rights (1868) (1998) Retrieved on September 14, 2017 from https://www.ourdocuments.gov/doc.php?flash=true&doc=43

Rights and Responsibilities of Citizens (2008-2017) Retrieved on September 14, 2017 from http://www.ushistory.org/gov/10a.asp

Rodriguez, A. C. (2007). Detaching Dual Sovereignty from the Sixth Amendment: Use of the Blockburger Offense Test Does Not Incorporate Double Jeopardy Doctrines [comments]. New England Journal on Criminal & Civil Confinement, (1), 213.

Operation Ghost Stories: Inside the Russian Spy Case (October 31, 2011) Retrieved on September 13, 2017 from https://www.fbi.gov/news/stories/operation-ghost-stories-inside-therussian-spy-case

FBI Records Vault (n.d.) Retrieved on September 22, 2017 from https://vault.fbi.gov/ghoststories-russian-foreign-intelligence-service-illegals/documents Dept. of Justice. (2016). The USA Patriot Act: Preserving Life and Liberty. Retrieved from Justice.gov: https://www.justice.gov/archive/ll/highlights.htm

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Operation Ghost Stories: Inside the Russian Spy Case

“Understanding Search-and-Seizure Law” (2017) Retrieved on September 29, 2017 from https://www.nolo.com/legal-encyclopedia/search-seizure-criminal-law-30183.html

Jerry M. & Rucker P. (2010), “ The Suspects in a Russian spy ring lived all-American lives” Retrieved on September 29, 2017 from http://www.washingtonpost.com/wpdyn/content/article/2010/06/29/AR2010062905401.html?sid=ST2010070205112

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