T.I. Gets Arrested-This May be deeper Than You Think
http://blog.myspace.com/index.cfm?fu...ogID=319361472
or
http://cleveland.indymedia.org/news/2007/10/27368.php
by Davey D & Troy Nkrumah
As I mentioned earlier, we've had some disturbing news within Hip Hop.
Most notably is the arrest of T.I. Just hours before he was supposed
to appear at the BET Hip Hop Awards in Atlanta he got swooped up by
the feds who accused him of trying to purchase three machine guns and
two silencers as a convicted felon. I got a chance to look at the
affidavit leading up to his arrest and it read like something out of
made for TV crime drama. From reading it, it seems like T.I. was under
the microscope from jump and that he walked right up into a set up.
How could dude let this happen on his watch when he has been on a roll
with so much about to open up for him?
T.I. in recent days is set to be featured in the upcoming movie
'American Gangsta' starring Denzel Washington. He's been playing
prominent roles in these last few award shows. He was recently
featured on the Hip Hop vs. America panels put on by BET where he
represented his viewpoints quite eloquently. Behind the scenes, T.I.
played a big role in the relief efforts for Hurricane Katrina, where
he provided money and manpower from his construction company. People
who know T.I. have long spoke about him being a cat that has some keen
political awareness which wasn't always reflected in his music, but as
he was starting to become more situated in this music industry, the
word was that we were going to start hearing T.I. step up and speak
out more to address key issues.
This arrest was no doubt not only a big set back for him, but for Hip
Hop in general. With T.I. being one of the best and brightest as far
what the mainstream presents, his arrest will fuel further speculation
and attacks on Hip Hop and its audience. His arrest gets couched in
the same vein and used as fodder when we hear people launch attacks
and try and be dismissive of the questionable circumstances around
Jena 6 defendants like Mychael Bell who was sent back to jail for
previous probation violation, the same week T.I. was arrested.
His arrest like it or not overshadows the outrageous hate filled on
air commentary from Fox News anchor John Gibson who blamed Hip Hop and
Black people for the recent school shooting at an alternative high
school in Cleveland, Ohio. Initially he thought the alternative school
was one for delinquents and had no idea that it was a school for
academically gifted youth. He saw Black faces and just assumed. Next
he naturally assumed the shooter was Black and instead of showing some
sort of contrition when he discovered the shooter was a white boy who
listened to Marilyn Manson, he still tired to blame it on Hip Hop by
making rascist comments like 'the minute I heard the kid shot himself
I knew it wasn't your classic hip hop shooting, because they don't
kill themselves. They shoot and walk away'.
You can hear this madness HERE:
http://uk.youtube.com/watch?v=yY2UFaXPBKs
The T.I. arrest no doubt solidifies his position. Before Gibson could
seriously be taken to task for his slanderous remarks, we got
bombarded with news of the T.I. arrest.
T.I.'s arrest along with the off color behavior widely reported about
other rap stars including recent scenarios involving Foxy Brown and
Sean 'Diddy' Combs sadly helps fortify a climate in which paints all
of us in a bad light. In other words gone are the days where we could
look and say 'We are Young Gifted and Black'. Instead we get seen as
'Thugged out and Criminal'. No I'm not blaming T.I. for all our ills,
but like it or not him being in the limelight and being dragged off
that perch impacts us all.
We caught up with long time activist and lawyer Troy Nkrumah of the
National Hip Hop Political Convention. Here's his astute breakdown of
what is going on with T.I.
Although it is still premature to jump out with accusations of
COINTELPRO, or in this case RAPINTELPRO, there are a few things that
we must keep in perspective regarding this incident with Clifford
Harris also known as the rapper/actor/entrepreneur T.I.
Having read the Affidavit, the testimonies and reports seem to
adequately meet the standards for Probable Cause which in a case like
this is required to begin an investigation. That's if everything in
the report is accurate, which there is no way for us to tell at this
point until we hear Harris' side of the story. Nonetheless, there are
a few things to keep in mind before we rush to judgement on either
side.
1. The Affidavit cites that there is a Confidential Witness (CW) or
what we might call a "Snitch", or what the powers that be might call a
"Whistle Blower", and some other law enforcement agencies call a
Confidential Informant (C.I.). Please note that these are all the same
things, however the later 3 terms seem to have more negative
connotations applied to them. The C.I. was once accepted by most law
enforcement agencies but in an attempt to move away from the dozens
and dozens of improper use of "informants" around the country, several
law enforcement agencies are starting to use the term "witness."
Witness is a legal term. It is being prematurely used at this point
because T.I.'s Body Guard was being used as an Informant/Snitch and
not as a witness. A witness to a crime is someone who; see's, hears,
or in some other manner has perceived an event first hand. Having
participated directly or indirectly in a crime takes you out of being
a witness to it and makes you a party or co-conspirator to that crime,
or if you are working for or with law enforcement agencies in the
crime then you are working as an "agent" or "informant/snitch".
It is important to understand these terms because they are used to
help convict individuals in the court of public opinion before they
even make it to the criminal court.
2. The affidavit states that the Body Guard (or CW) has been working
for Harris since July of this year. Personally I find that a little
odd and out of the ordinary for someone of Harris' stature, someone
who could build a diverse portfolio of business interests such as he
has, to allow someone that's only been in his organization 2-3 months,
to begin doing dirt for him like this. That's just odd. It is either a
sign of Harris' ignorance and stupidity, or something a little more
sinister on the part of the Feds. But we have to wait for more info
before we can make that call.
3. Why is it that Harris was comfortable allowing the Body Guard to
bring the prior weapons to his house, but then he was so quick to go
pick these weapons up. It is hard to believe that Harris was actually
going to get several large bags of weapons and put them in his car,
then drive to the BET awards, or his Studio or his Home 15 miles away,
and then back for the awards. Where ever he was going next, it just
does not seem logical that he would carry this amount of weapons
around with him all day. But again maybe he was that stupid.
4. A lot of people will say, "this is nothing like COINTELPRO" because
the ATF are about regulating the sale of Alcohol, Tobacco and
Firearms. Well let me remind you, that although the FBI orchestrated
the Counter Intelligence Program (COINTELPRO), they didn't directly
arrest or have shootouts with the Black Panther Members or other
movement organizers in the 60's and 70's. They left that work up to
other agencies to carry out. Also, the ATF's history is also a bit
dirty with the Waco, Texas debacle back in the 90's.
5. Also, let us not forget how earlier this year a report came out
from the NYPD about surveillance on various Non-political hip hop
artists and RnB artists during the Republican National Convention back
in 2004. This is part of what we call Rapintelpro. Many popular
artists are being followed, reported on and tracked for "political"
reasons. That report sited the influence these artists would have if
they started becoming political and started speaking on political
issues. We are talking about people like, Jay Z, P-Diddy, Alicia Keys,
just to name a few that were spied upon by the Rap Police. Another
report came out of Miami a few years back showing the surveillance of
other popular rappers.
6. Lastly, keep in mind that to date there are over 150 Political
Prisoners/Prisoners of War still being held in the United States. I am
not referring to people held around the issue of 9/11 or the Wars in
Iraq and Afghanistan. but rather individuals who were targeted by
COINTELPRO in the 60's and 70's. The SF8 is a group that has been
re-arrested on some trumped up COINTELPRO inspired charges.
This is not to say that TI was on the same level of any of these
freedom fighters that are now locked behind bars, but it is to point
out that the government has a long history of setting up Black people
and letting the setup go on and on for years before they have enough
to take the persons life a way. Yes they use it on people that are
threats to the status quo.. but which multi selling rapper is not a
potential threat to the status quo?
All of these facts and others need to be kept in mind before we write
TI off as another ignorant street rapper who was up to no good. Yes he
might not be the brightest person to walk into something like this..
however, until we get all the facts, lets not accept the full truth of
the incident based on the Feds Affidavit or the news reports. Those of
you who are old enough will remember that a lot of folks thought Joan
Chesimard aka Asaata Shakur was guilty after reading a few news
reports and police accounts of the shootout. If you don't know who
Joan Chesimard is, well then you might be just as susceptible as TI
was if an agent comes to you with some bright idea's. Know your
history or be destined to repeat it.
Below is the affidavit that describes the events leading up to T.I's arrest
AFFIDAVIT
I, Jason S. Stricklin, being duly sworn depose and state the following:
1. Your affiant is currently employed as a Special Agent with the
Bureau of Alcohol,Tobacco, Firearms and Explosives (ATF) assigned to
the Atlanta Field Division, Atlanta Group I, and has been so employed
since 2005. Your affiant has received training from ATF in the
registration, possession, and identification of machineguns and
silencers.
Your affiant has conducted and participated in numerous investigations
involving Federal firearms violations to include violations of Title
18 and Title 26 of the United States Code. Your affiant's duties and
responsibilities involve investigations of violations of Federal
criminal laws and your affiant knows that it is a violation of Title
26, United States Code, Section 5861(d), for any person to receive or
possess a firearm that is notregistered to him in the National
Firearms Registration and Transfer Record. Your affiant also knows
that it is a violation of Title 18, United States Code, Section
922(g)for a person previously convicted of a felony to be in
possession of a firearm.
2. This affidavit is being filed based on the personal knowledge and
observations of the affiant and other law enforcement personnel, and
interviews with witnesses, and reviews of government and business
records, including records, reports, and information from the
ATF. This affidavit is intended to support probable cause but it is
not intended to convey all the facts of the investigation.
3. On October 2, 2007, an employee of a Federal Firearms Licensee
(FFL) contacted ATF with information regarding an individual who had
been inquiring about purchasing a machine gun without registering the
weapon as required by law. This individual, who is now a cooperating
individual (hereinafter "CW"), was identified by the FFL by name and
other identifying information. ATF Agents provided an undercover
cellular phone number for the FFL to give to the CW, and told the FFL
to tell the CW the number would contact a person with machine guns for
sale. The aforementioned cellular telephone number returned to an ATF
agent, acting in an undercover capacity (U/C Agent), posing as a
"machine gun" seller/dealer. Within hours of receiving the cellular
number, the CW telephoned the U/C and had a discussion about the
firearms he (U/C) had available for sale. During the conversation, the
CW asked if the firearms were "fully" automatic. The CW told the U/C
that he was interested in purchasing the machine guns.
4. On October 10, 2007, the U/C contacted the CW and asked him if he
was still interested in meeting to purchase the machine guns. the CW
stated that he was and agreed to meet at a K-Mart Shopping Plaza
located at 5997 Buford Highway, Doraville, Georgia. At approximately,
4:40 p.m., the CW arrived and met with the U/C to observe the
firearms,which were actual machine guns. The CW had a further
discussion about the firearms firing "fully" automatic. The CW agreed
to exchange $2200 and a Bushmaster, Model C-15, .223 caliber pistol,
s/n D10867 for the following firearms: an Ingram, Model M-10, 9mm
caliber machine gun, s/n 2-3005561, an SWD Inc., 9mm silencer, s/n
N767, a Military Armament Corp., 9mm silencer, s/n 2-2001231, a SWD
Inc., Model M-11, 9mm caliber machine gun, s/n 86-0008212 and a H&K,
Model SP89, 9mm caliber machine gun, s/n 21-17411.
5. During the meeting between the U/C and the CW, the CW questioned
the U/C if he (the CW) would get into trouble if law enforcement
caught him in possession of the machine guns. The U/C told the CW that
the firearms were not legal to possess without the proper paperwork
because they had to be registered. The U/C further told the CW there
would be a problem if he were caught with them. The U/C told the CW
that the aforementioned firearms did not have the required legal
paperwork. The CW indicated that he understood and stated that he
wanted to purchase the firearms anyway. The exchange of money and guns
then took place. The firearms were not registered to the CW in the
National Firearms Registration and Transfer Record, nor had the CW
applied for the proper paperwork.
6. Following the transfer of the machine guns from the U/C to the CW,
the CW was arrested. After his arrest, the CW agreed to speak with
agents. During this and subsequent interviews with the CW, the CW told
agents the following:
a. The CW stated that he was purchasing the machine guns on 10/12/07
on behalf of another person. The CW stated that he knew it was illegal
for him to possess machine guns without properly registering them. The
CW said he was buying the machine guns and silencers for CLIFFORD
HARRIS, a/k/a "T.I." for whom the CW had been working as a bodyguard
since July of 2007. The CW admitted to straw purchasing approximately
nine (9) firearms for HARRIS and approximately seventeen (17)
additional firearms for individuals other than HARRIS. [Review of
records of firearms purchases, ATF Forms 4473, has confirmed that the
CW has purchased approximately 25 firearms over the last 18 months.]
The CW said that HARRIS gave him cash to buy guns for HARRIS on four
different occasions.
HARRIS is prohibited from purchasing firearms for himself because he
has been convicted of a felony offense, so he asked the CW to purchase
the firearms for him (HARRIS). [It is a violation of federal law for a
prohibited person, such as a convicted felon, to have another person
purchase or acquire firearms for the prohibited person.]
b. On 9/6/07, HARRIS gave the CW cash and asked the CW to buy a Calico
9mm caliber pistol. [The CW is not a convicted felon or otherwise
prohibited from purchasing firearms.] The CW bought the pistol at The
Gun Store, a federal firearms licensee (FFL), and gave the firearm to
HARRIS at his home at 429 Creekview Lane, College Park, Georgia. The
CW said that HARRIS resides at 429 Creekview Lane, College Park,
Georgia. [Investigation of public records confirmed that 429 Creekview
Lane, College Park, Georgia, is a residence associated with HARRIS.
This address is within the Northern District of Georgia.] On the same
date, when the delivery of the Calico 9mm pistol occurred, HARRIS
invited the CW into his bedroom at the house and showed the
CW a safe in his (HARRIS's) bedroom. The CW observed the safe inside a
walkin closet in the bedroom. The safe was tall enough for a person to
enter, and the CW witnessed HARRIS open the safe using a fingerprint-
reading scanner type lock, and possibly a keypad as well. Inside the
safe, the CW saw multiple short rifles. HARRIS showed the CW an
assault-type rifle in a black bag inside the safe. HARRIS told the CW
the weapon was a machine gun.
c. On 9/18/07, HARRIS gave the CW $1000 in cash and asked him to buy a
Smith & Wesson .500 caliber revolver. An associate of HARRIS's known
as
"ALPHAOMEGA" followed the CW to The Gun Store. The CW purchased the
revolver at The Gun Store and gave it to "ALPHAOMEGA" to give to
HARRIS.
d. On or about 9/26/07, HARRIS called the CW and told him that he
(HARRIS)wanted the CW to acquire more firearms for him. HARRIS
specifically asked the CW to purchase a Smith & Wesson .460 caliber
revolver for him. HARRIS gave $7000 in cash to an associate known as
"C-ROD" to give to the CW. The CW went to The Gun Store and purchased
7 firearms, (3 rifles and 4 handguns),including the Smith & Wesson
.460 caliber revolver. The CW delivered all 7 firearms to HARRIS at
HARRIS's house on Creekview Lane. After the CW brought the
aforementioned 7 firearms to HARRIS's house, HARRIS directed the CW to
bring the guns to HARRIS's bedroom. The CW gave HARRIS the firearms in
HARRIS's bedroom. The CW observed HARRIS handle the firearms.
[The purchases of firearms by the CW on 9/6/07, 9/18/07, and 9/26/07
were confirmed by ATF agents by reviewing ATF Forms 4473, obtained
from The Gun Store.] The CW said that on 10/10/07, HARRIS arranged for
the CW to pick up $12,000 in cash from HARRIS's bank - the SunTrust
Bank on Northside Parkway in Atlanta. HARRIS instructed the CW to meet
with a specific bank employee to get the cash. The CW went to the
bank, met with the bank employee, and was given the cash by that bank
employee. HARRIS told the CW to use the funds to purchase machine guns
for HARRIS. [Investigation has confirmed that there was a $12,000 cash
withdrawal from HARRIS's account at SunTrust Bank on 10/10/07. And
when the CW was arrested later on that same date, 10/10/07, he was in
possession of several thousand dollars in cash.]
7. .. being arrested and agreeing to cooperate, the CW agreed to make
a consensually monitored phone call to HARRIS. At approximately 9:00
pm, after the CW had called HARRIS and left a message for HARRIS to
call the CW, HARRIS's primary bodyguard called the CW's cell phone to
discuss when the CW was going to be needed to
provide bodyguard services for HARRIS. During this conversation,
HARRIS, using his bodyguard's phone, began to converse with the CW.
The CW told HARRIS that he, the CW, had "everything for you,"
referring to the machine guns and silencers he had purchased on
HARRIS's behalf. HARRIS replied affirmatively.
8. On 10/12/07 the CW received a consensually monitored call from
HARRIS. The CW asked HARRIS when he wanted to take delivery of what
the CW had in his possession.
HARRIS requested immediate delivery. After the CW told HARRIS he was
not available to deliver immediately, HARRIS told the CW he would take
delivery Saturday, October 13, 2007. The CW told agents that he and
HARRIS were referring to the firearms purchased by the CW for HARRIS
on October 10, 2007.
9. Investigation has revealed that HARRIS is a convicted felon, and is
prohibited from possessing firearms. On June 1, 1998, HARRIS was
convicted of a Violation of the Georgia Controlled Substances Act in
the Superior Court of Cobb County, and received a sentence of 7 years
probation. HARRIS has additional arrests and at least one probation
violation for unlawfully possessing firearms.
10. A check of the National Firearms Registration and Transfer Record
showed that there is no record of any machine gun or silencer
registered to HARRIS.
11. On October 13, 2007, at approximately 10:08 am the CW left a
message for HARRIS to call. Between approximately 12:30-1:00 pm,
HARRIS called the CW and asked the CW to bring the items to a
(recording) studio. The CW suggested instead, as directed by ATF, that
they meet at a shopping center parking lot on the corner of Piedmont
Avenue and North Avenue in the city of Atlanta, in the Northern
District of Georgia. HARRIS told the CW they could meet in about an
hour.
12. At approximately 2:22 pm on October 13, 2007, HARRIS arrived at
the pre-arranged meeting location. The meeting was consensually
recorded. The CW entered the vehicle HARRIS was driving and displayed
the silencers and machine guns to HARRIS. When the CW explained the
function of one silencer, HARRIS said "no flash no bang." When the CW
showed HARRIS one of the machine guns, HARRIS asked the CW what the
"E"
position on the selector switch signified. The CW explained that the
"E" stood for semiautomatic function and that "you know what the "F"
is for." HARRIS acknowledged that he did. "F" stands for fully
automatic function. HARRIS inquired about ammunition for the firearm,
and asked about the capacity of the magazine. HARRIS asked the CW for
"change leftover" from the $12,000 he provided the CW to purchase the
firearms.
HARRIS was then arrested without incident.
13. A subsequent search located three firearms in the vehicle HARRIS
was driving, including one loaded firearm tucked in between the
driver's seat and the center console.
14. At approximately 2:40 pm on October 13, 2007, a federal search
warrant was executed at HARRIS's house at 429 Creekview Lane, College
Park, Georgia. In a walk-in closet in the bedroom identified as
belonging to HARRIS, agents found a Colt model AR15 .223 caliber
rifle, bearing serial number LE033297, a DPMS model AP4 .308 caliber
rifle,
bearing serial number 14056, and a Calico model L3 9mm caliber pistol,
bearing serial number B004397. Agents have confirmed each of the
preceding three firearms were the same as those purchased by the CW
for HARRIS on September 6, 2007 and September 26, 2007. Agents also
found a Colt .44 magnum revolver, a CAI 7.62 x 39 caliber rifle,and a
Bushmaster 5.56 caliber pistol in the same closet in the same bedroom.
Some of the firearms were in the closet, and some were inside the
closet inside the safe the CW previously described. Agents also found
that five of the firearms were loaded.
15. Title 26, United States Code, Chapter 53 requires that machine
guns and silencers be registered with the National Firearms
Registration and Transfer Record. Title 26, United States Code,
Section 5845 defines the firearms to be registered according to this
chapter, and included in section 5845(a)(6) a machine gun and section
5845(a)(7) any silencer.
Title 26, United States Code, Section 5861(d), makes it unlawful for
any person "to receive or possess a firearm which is not registered to
him in the National Firearms Registration and Transfer Record." Title
18, United States Code, Section 922(g) makes it unlawful for any
person who has been convicted of a felony offense to possess, in or
affecting commerce, firearms.
16. All of the firearms recovered were manufactured in whole or part
outside the State of Georgia, and, therefore, moved in or affected
interstate commerce.
17. Based on the foregoing facts your affiant respectfully submits
that probable cause exists to believe that CLIFFORD HARRIS has
committed the offense of possession of unregistered machine guns and
silencers, in violation of Title 26, United States Code, Section
5861(d); and of possessing firearms in or affecting interstate
commerce, after having been convicted of a felony, in violation of
Title 18, United States Code, Section 922(g).
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