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Hegseth Cuts Pentagon Work on Preventing Civilian Harm

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Hegseth Cuts Pentagon Work on Preventing Civilian Harm

Defense Secretary Pete Hegseth is moving to terminate Pentagon offices and positions that focus on preventing and responding to civilian harm during U.S. combat operations, according to three defense officials.

Employees at the Pentagon’s Civilian Harm Mitigation and Response office, which deals with policy matters related to limiting the risk to noncombatants across the armed forces, were informed on Monday that their office would be closed, the officials said. They were also told that the Civilian Protection Center of Excellence, which handles training and procedures, would close as well.

The Pentagon is likely to cut all positions at combatant commands around the world, like Central Command and Africa Command, that work to mitigate and assess risks to civilians during airstrikes and other military operations.

It is unclear whether Mr. Hegseth is rescinding the Pentagon’s policy instruction, which requires that possible risks to civilians are considered in combat planning and operations.

The officials spoke on the condition of anonymity to discuss sensitive policy changes.

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If enforced, the decision would eliminate jobs for more than 160 Defense Department employees.

The Office of the Secretary of Defense referred questions about Mr. Hegseth’s decision to close these programs to the Army, which did not immediately respond to a request for comment regarding those developments on Tuesday.

In President Trump’s first week back in office, the Army asked Pentagon leadership to rescind the policy instruction, relieve the service of its responsibility for the Center of Excellence and to ask Congress to abolish the office.

The laws of armed conflict require the protection of civilians in war zones, and senior commanders draft rules of engagement for their forces to comply with them.

Long considered a bedrock of U.S. military culture, those principles are now under threat in the second Trump administration, as Mr. Hegseth repeatedly speaks about wanting to return “warfighting” and a “warrior ethos” to a military he insists has become soft and too bureaucratic.

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During his Senate confirmation hearing, Mr. Hegseth answered questions about his past comments, including that “restrictive rules of engagement” briefed to him by a uniformed attorney known as a Judge Advocate General, or JAG, had made it more difficult to defeat enemies, as well as his use of the term “jagoff” to derisively refer to those officers.

Such rules of engagement, which establish guidelines for the use of deadly force in a military operation, are in fact signed by the senior officer in a given combat theater, not by JAG officers.

In a leadership purge at the Pentagon on Feb. 21, Mr. Hegseth fired the top uniformed lawyers for the Army and Air Force. The Navy’s top JAG, a three-star admiral, abruptly retired in December. His deputy, a two-star admiral, remains in place as the acting Navy JAG.

In a post on LinkedIn late Monday night, Matt Isler, a retired Air Force brigadier general who oversaw the combination of aerial surveillance, coalition air power and ground-based weapons in support of ground troops battling Islamic State fighters in Iraq and Syria, pushed back on the new Pentagon leadership’s decision.

“Some have recently argued that Defense Department efforts to mitigate civilian deaths in war inappropriately constrain U.S. forces,” he wrote. “This could not be farther from the truth.”

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“Reducing risks of civilian harm focuses combat effects on the enemy, accelerates achievement of campaign objectives, preserves combat power, and protects warfighters,” he added.

Mr. Hegseth’s decision was heavily criticized by civilian harm protection advocates with whom the military worked in close consultation to develop policies.

“Repeal of these lifesaving policies would be a betrayal of the civilians who have borne the brunt of U.S. operations,” said Annie Shiel, the U.S. advocacy director at the Center for Civilians in Conflict. “It would also be a betrayal of the war fighters and veterans Secretary Hegseth says he stands for, who have themselves worked to ensure the U.S. can learn from the grave mistakes and lessons of past wars.”

Eliminating these programs could also halt efforts to provide redress and payments to civilian victims of U.S. combat operations.

Joanna Naples-Mitchell, a human rights lawyer representing 30 families whose loved ones were injured or killed in U.S. combat operations in Iraq, Syria or Afghanistan between 2015 and 2024, said that eliminating these programs would exacerbate the trauma of civilian victims and moral injury among soldiers involved in the incidents.

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Ms. Naples-Mitchell, whose clients include the relatives of victims who were the subject of New York Times reporting, said the changes would make the government less efficient.

“Killing innocent people is not only a moral stain,” she said, “but wastes government resources and makes Americans less safe.”

The Defense Department’s civilian protection program was started during the first Trump administration by James N. Mattis, the secretary of defense at the time, in response to a Times report in November 2017 on civilians who were killed during airstrikes in Iraq.

In 2022, after a series of Times investigations that uncovered systemic failures to protect civilians, Defense Secretary Lloyd J. Austin III announced sweeping changes to military doctrine, planning and training aimed at mitigating the risk of civilian harm.

While these programs were heralded as making improvements to U.S. civilian harm policies, they faced criticism for not addressing operations the United States supports through military aid alone, such as Israel’s campaign in Gaza.

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The Trump administration also recently rescinded Biden-era limits on counterterrorism drone strikes and commando raids outside conventional war zones, reverting to the looser set of rules the president used in his first term.

Since Mr. Trump took office, the U.S. military has launched several strikes in Iraq, Syria and Somalia, despite his earlier promises to end “endless wars.”

The most recent of those actions targeted Al-Shabaab fighters in Somalia on Saturday, according to a statement released by U.S. Africa Command.

On Feb. 23, U.S. forces launched an attack in northwest Syria that killed the senior leader of a terrorist organization affiliated with Al Qaeda, according to U.S. Central Command, which later released a video of the strike.

On Feb. 12, five ISIS fighters in Iraq were killed in an airstrike enabled by U.S. forces in the country, Central Command said in a statement days later.

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.

Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.

The Department of Justice did not immediately respond to Fox News Digital’s request for comment.

DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES

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Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.

He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.

The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.

BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS

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Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.

As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.

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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)

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Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.

He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.

What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.

Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.

Civil libertarians say the new “digital dragnets” work in reverse.

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“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.

But these new data scans can be effective in finding criminals.

Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”

Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.

The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.

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Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.

The justices agreed to decide whether geofence warrants violate the 4th Amendment.

The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.

This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.

Judges are deeply divided on how this fits with the 4th Amendment.

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Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”

Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.

(Alex Wong / Getty Images)

Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.

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The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.

Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”

Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.

“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.

He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.

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Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.

Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.

Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.

Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.

The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.

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After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.

The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.

That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”

The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.

By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.

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The data confirmed Carpenter was nearby when four of the stores were robbed.

Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.

The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.

But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.

In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.

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Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.

The justices will issue a decision by the end of June.

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.

“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing. 

“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”

Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.

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“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.

“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”

Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.

“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued. 

“NO MORE MR. NICE GUY! 

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“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”

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