Is wiretapping by Bakersfield and federal agencies out of control? - By N.L. Belardes

As broad of an issue that surveillance has become in America you might think wiretapping by local government and federal agencies is out of control. Last I heard, wiretapping had gone warrantless on the Federal level. It was in appeals in late 2006 anyway. Locally, regarding the Vincent Brothers case I’ve heard talk of wiretapping having gone on at the Harper residence long before the murders took place. If such wiretapping occurred, then why? Some say it was harassment. But we know how rumors regarding murders can spread.
I’ve written to a blogger who swore his house phones were tapped on occasion. Why?
Who is to say? Surveillance issues have taken America into heated debate. The cry of Homeland Security has rung through our ears, the last shouts through the clatter of fallen towers—other than screaming machinery of war.
With surveillance comes issues of privacy and individual rights. What rights do we really have if Federal and State governments believe they have just cause to peer into our lives at every turn?
You’re driving down a street near the rare occurrence of an American bombing and your best friend riding with you has Arabic features. Your friend isn’t even Arabic. He’s Mexican. Doesn’t matter. The police only see exigent circumstances. Your car and persons are searched without any kind of warrant. Your friend is carted off to prison.
It doesn’t stop there. What about phone tapping? In the name of Homeland Security is it possible all our phones can be tapped anytime the government wants? And how easy would it be for government officials to abuse such power and, falsify stacks of documentation required to tap into private American conversations? Oh wait, it’s warrantless, unless the appeals killed it. Someone please tell me…
Corruption and scandal?
Could it happen in Kern County?
Especially in Bakersfield, the land of forced interrogations and mostly overturned child molestation trials. Don’t you watch 48 Hours? Have you seen Nightline? Do you read the Rolling Stone? Or this site? Are you not aware of the Lords of Bakersfield stories? (read more) Why Bakersfield consistently whines about our DA and then hands him 90% of votes each election is strange, as not even national news, an article in the Rolling Stone, the Bakersfield Californian Lords stories, and a book on Mean Justice can sway popular opinion within Kern County. 90%! And that’s give or take a few percentage points.

I guess it’s that strong conservative heart of the rural Central Valley. Lock away not just the guilty but the potentially guilty and throw away the key. Safer streets, right? Wrong. Last I heard the gangs run Bakersfield. It was just recently I was reprimanded by police for allowing my kids to walk to a high school football game. Yes, that’s blame on me for a pack of 20 gang kids jumping my kids and their two friends because they look white. The police didn’t do shit but talk down to me. The gangs run Bakersfield streets. The police make excuses for them.
Maybe I’m just skewed because I just read John Grisham’s latest book The Innocent Man, and listened to TV interviews where grown men talked about being young boys in the 1980s, coerced by law officials into false testimony.
So I’m not at all surprised if corruption and scandal wriggle their dark hands into the area of surveillance in Bakersfield.
And it doesn’t end with wiretapping, car and home searches.
Email backdoors in corporate networks are set up just for government tampering. That means if you work for a corporation, your emails can also belong to the US government. They’re already corporate property.
And what about your emails on Yahoo, Google, or Hotmail?
According to a September 12, 2001 article in Wired Magazine titled “Anti-Attack Feds Push Carnivore” Declan McCullagh writes,
Just hours after three airplanes smashed into the buildings in what some U.S. legislators have dubbed a second Pearl Harbor, FBI agents began to visit Web-based, e-mail firms and network providers, according to engineers at those companies who spoke on condition of anonymity.
An administrator at one major network service provider said that FBI agents showed up at his workplace on Tuesday "with a couple of Carnivores, requesting permission to place them in our core, along with offers to actually pay for circuits and costs."
The person declined to say for publication what the provider's response was, "but a lot of people" at other firms were quietly going along with the FBI's request. "I know that they are getting a lot of 'OKs' because they made it a point to mention that they would only be covering our core for a few days, while their 'main boxes were being set up at the Tier 1 carriers' -- scary," the engineer said.
What is most disturbing is that most email users don’t even have a clue that their privacy can be compromised at any second of the day. And where the government requires a judge-issued warrant to search your home computer, the very same government can surf your webmail account with just a subpoena issued without judicial review.
And before you go thinking your Gmail account is safe. Take a look at this 2004 UK article on how Gmail ads work. Yes, the content of your email is scanned by a corporation, so relevant ads can shoot onto your dear nothings to dear somebody. And that means government tracking bots can be added. Sure, you have nothing to hide. But is that the real problem here? Maybe you’re sharing corporate secrets over Gmail.
Maybe you should just test for yourself whether the US government can snoop on you (Go here).
What about letter opening?
In a January 8th 2007 article in the LA Times, “First wiretapping, now letter-opening? Can the feds read your mail without a warrant? You wouldn't think so, but that's not how the president sees it,” the editorial states, “THE BUSH administration seems determined to raise the specter of surveillance over every means of communication within the United States.”
Could such limited individual rights be true? We hate to even suggest such ideas here in Kern County, a land of rugged individualism. The article goes on to say:
Still, it's hard not to be suspicious of the president's position on mail privacy, given the administration's record on the issue of domestic surveillance. In the name of the "war on terror," it has taken an unusually expansive view of government power and a correspondingly restrictive view of individual privacy rights. It also has sought to redefine what constitutes a "reasonable" search, and has often done so unilaterally and in secret.
Does that mean your recent letter stating your opinion to your uncle Fred about the state of war in America, if opened by the Feds, could be held as evidence against you? And don’t think the FBI doesn’t have files on many of us, or many of our community leaders and educators. I used to get into conversations with CSUB professors who declared the Federal government had thick files on many college educators.
One college educator said it was because he attended a few anti-war rallies in the late 1960s.
Fast forward to Bakersfield, California today and you have another story of surveillance, this by local government over CSU Bakersfield professor Steve Bacon (Click link and scroll down for image of Steve) and his wife Nancy Bacon (She’s a therapist). They recently organized a Peace Pole event that I’d heard about but didn’t attend. They were infuriated after receiving two form letters dated Jan. 12 from Deputy District Attorney C. Stephen McNutt stating their telephones may have been tapped for one month during the fall of 2006.
May have been?
I don’t get that wording.
The Peace Pole ceremony included an array of local religions in attendance. Even the mayor was slated to have been there. If Nancy Bacon phoned mosques, well that makes sense. The American government has reason to fear mosques. The Yemeni currently on trial and caught in Bakersfield was likely under surveillance, and quite possibly affiliated with some local mosque. Does that make mosques bad? No.
Or is that explanation too simple?
May have been.
If I got that letter, I would take may have been as a yes. Otherwise, why would I receive the letter?
I wonder if representatives from the DA’s office ever called the Bacons to explain. What would they have said? Maybe something like, “Nothing to worry about. This is routine.”
Turn back the clock to the early 1980s. A little girl is stands sad-faced in a room filled with strangers with badges. They’re telling her that her daddy raped her. They’re telling her to say that on a witness stand. “Nothing to worry about. This is routine,” they say to her.
Talk about the power to screw up someone’s life.
Nothing to worry about folks, this is routine.
Your life is a window.
Nothing to worry about.
And so is everyone’s life around you.
This is routine.
Only you can’t see in or out.
Nothing to worry about…


My friends grew up next to him in Old Stockdale and when they'd get home from school in junior high, their parents wouldn't be home.
Without fail, Ed would show up, ask the boys if they'd like to come over to "hang out" and offer them beer...
Wonderful article, Nick.
-Bryn Von Trainwreck
Ed Jagels scares the hell out of me. And not just because he reeks of conspiracy either. There's just something about him and his track record. Creep.
Wire tapping? Open letters? Manufactured evidence? Ay caramba.
It blows my mind that so many (republican) people scream bloody murder at the burning of a flag ... but they don't make a peep about the burning of Our Constitution. I thought the idea behind republican-ism was the reduction of Big Government? They don't seem to have any problem with Big Brother.
*fuming*
Jagels sighting: late last week in the teller line at San Joaquin Bank in downtown BFL. Trying to act normal so people would ignore him, so I did.
They'll tap your phone and not tell you ... our phone was tapped for years. On several occasions their tap would screw up and my mom would actually hear THEM, the people monitoring our phone. She'd make a comment and once they even responded "Did she just say that, shit, she heard us" Othertimes she'd just hear a click click.
My mom swears my phone is tapped, I blame it on a cheap cordless phone that likes to pick up all sorts of people in my neighborhood.
With a two time felon in the family it could be possible, but who knows? Maybe my family and I are just totally paranoid conspiracy theorists.
corruption and scandal is everywhere... this town is just really bad at masking it.
are we really surprised that our privacy doesn't exist? we all should've known this was coming. everyone is full of trust issues... now more than ever. more people are vocal now than they used to be and don't even care if they're viewed as psycho as long as they were able to make their statement.
craziness, open honesty and vocal opinion in what we believe in... that's what our society has come to. insanity in a world that was once good at hiding true opinion and emotion until appropriate - that's what we got.
“Love thyself last: cherish those hearts that hate thee; Corruption wins not more than honesty.” - William Shakespeare, King Henry VIII
If we live our lives to the fullest and best as our value structure and ethical thought processes dictate, should we truly worry about an invasion of privacy? Why should we be concerned when every one of us is exactly happy and fulfilled with the way we live our lives?
Good point. If we have nothing to hide, why worry? But then, I would just feel weird if I knew anyone heard me saying sweet somethings to anyone, or a private conversation between myself and my kids...
yeah, as long as there's no cut and paste process to those private conversations...
Wow! This is all so creepy! To think that our phones could be tapped and our emails read by the government without our knowledge! Reading this made me feel like I was in that Wil Smith movie "Enemy of the State".
I think Jagels wins because the people of Kern County are afraid of the Lords of Bakersfield... Jagels is a very powerful man!
Great article! I've experienced a little bit of that guilty by association thing you were talking about. It sucks that cops/law makers can't look at a person and see them for what they really are, instead they see color, race, religion, gangster and if you happen to be riding in the car with them, you're suspect too. It is soooo true!
Don't get me wrong. There are good policemen and lawmakers out there. There's just potential for loss of privacy that's disturbing, and a non chalance in explanation from govt sources that makes me uncomfortable...
Here's an interesting blog discussion between me and some anonymous blogger who likes to call me Slick. I don't normally comment on Bakersfield.com. It gets really weird over there. There's a group of people who go for each other's throats constantly, which is why they had to establish blog rules over there. I'll refer to myself as Slick.
ANON: So you heard the Harper's residential phones were tapped BEFORE the murders took place? Wow, where did you hear that? FYI, I heard the Loch Ness monster and Bigfoot are alive and well, and that the tooth fairy really exists!!!! You know slick, a lot of meth tweakers think their phones are tapped, which is why they don't talk on the phone. And as an extra precaution, they line their windows with tinfoil. Maybe you should do a google search on wiretapping and learn exactly what the law is, not what you "heard!"
Slick: It's just a discussion of a rumor. This blog isn't a court of law. What are you so worried about?
ANON: I'm not worried about anything Slick. I just take offense to the uninformed here who write like they know the facts. And rumors are just that. You can keep your rumors; I'll stick with the facts.
Murphy's Law: Anonmous
Don't forget,,, E. T. call home ;=)
Slick: I posted many facts in the article--and I see nothing wrong with discussing what I heard talked about on the streets and in a coffee shop. Blogging is just a conversation anyways. Even the LA Times recently announced to break stories on the web and expand in print later. That means they want to spark discussion without all the facts. I think that's cool. Discussion can get answers and bring out more facts and helpful dialogue. You have such a strong opinion and are concerned with facts, but you discredit yourself by posting anonymously. I say stand up for yourself!
By the way, I did do a google search on wiretapping. I followed what happened up to August of last year in my search for whether wiretapping could be warrantless or not. You would help the conversation more by explaining wiretapping for other people to read and learn from. Since you're the expert and all.
If our lives and jobs include confidentiality laws and agreements with other clients (as does Nancy Bacon's), then we have every reason to worry about being wiretapped.
If you are a person of a particular background, speaking your native language in an airport with family/friends of the same background, and someone complains in fear as they kick you off the flight for no apparent reason...where do ethics and morals stand?
To think that the same government who is desperately trying to enlist more Arabic speaking (and now probably Farsi/Persian w/ the developing Iran conflict) officials, is also scaring the sh*t out of every one of them...doesn't seem like a very consistent tactic.
Is anyone familiar with any city/county/state based law concerning wiretapping? I'm genuinely interesting in finding out about such a thing. Is it similar to a search warrant, where one must apply for it in court? Would this wiretap start at the DA, or is it more likely an independent lawyer requested it to the DA?
I wonder if Jagels is calling you Slick.
Brett J.
I can't remember ever getting the opportunity to vote for Ed Jagels. That place on my ballot doesn't stick out.
I can't vouch for the Lochness monster or Bigfoot, but I know for a fact the Tooth Fairy does exist. She visited my house last night. And we had tea together. Right after she helped me line my windows with tin foil.
I don't know Mike C. I suggest writing to the DA and seeing how the process goes. Kind of like that Catch Me If You Can Movie, you could tell them you're working on a school report...
For me, it was more important to just raise questions. I surely don't have all the answers. And if the He/She who called me Slick is a lawyer/lawmaker, you'd think they would offer expertise, not condescending remarks...
With the Bacon family deal, a good point was brought up...if this is a 'routine' procedure, then it'd be great to get the public involved in finding out, even if it's anonymously who also received such a letter.
Found some good reading on this subject:
http://www.privacyrights.org/fs/fs9-wrtp.htm
Assuming this information is up to date and accurate, I see no mention of anyone below a state level being able to tap the phone. Given the fact that the DA informed the family it was NOT Federal, wouldn't that mean it's a state order? If that were the case, they would be receiving a letter from Ahhhnold's people, not Jagel, no?
Perhaps this website leaves out local wiretap laws...
That document looks up-to-date through 2006. But it doesn't discuss email and letter searches.
why is everyone so concerned with wiretapping anyway? they should be more worried about the fact that just about anyone could read their emails, and find their phone number and personal information on the internet if they tried hard enough.
Big Brother works for Google!
Once we gather a bit more information about existing laws, and depending on the outcome, perhaps Rolling Stone would like to hear an update on our famous DA?
Here's more from the anonymous person calling me Slick. Read the comments on this post
And my response to the anonymous comments describing the procedures of local wiretapping:
Cool, thanks. Read it. Still sucks to be the recipient of such letters. You're right, not everything is a conspiracy.
But the reality is just as scary: people feel invaded when they get such vague notification. And if you're on the side of the law/DA, then it makes sense why you're so condescending to people speaking out and questioning laws/procedures. You don't want bad press if you're just doing your job.
Yet if people never questioned laws/procedures then America would still be under British rule...
Why even worry about people questioning rules, laws and procedures? Doesn't change how votes are cast...
What about cell phones? Seems like more people are on them than land lines. Are they being tapped?
...and speaking of cell phones...some guy in a dark suit was at Jamba Juice at lunchtime. It was packed and he gets a call, and starts the "look at me I'm a cool business big wheel talkin' Big Biz" loud voice...you'll know it's him if you see a guy in a dark suit today with a straw full of mango juice on his backside...oops!
geez, i was medicated with the comment i made last night...LOL.
"catch me if you can" is a good movie. so is "the net" with sandra bullock.
ha ha ha.
Not everyone can handle what you go through at the CC Center, chingpea. Thanks for taking part.
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