Tag Archives: FBI

A year after San Bernardino attack, investigators still seek answers

Law enforcement looking over evidence

By Alex Dobuzinskis

LOS ANGELES (Reuters) – One year after two Islamic militants shot dead 14 people in a massacre in Southern California, FBI investigators are still seeking to answer key questions such as the location of the married couple’s computer hard drive and whether anyone helped them, an official said.

Syed Rizwan Farook, 28, and his wife, Tashfeen Malik, 29, opened fire on Dec. 2 during a party and training session for San Bernardino County employees, who were co-workers of Farook, injuring 22 people in addition to the 14 killed.

It was one of the deadliest attacks by militants in the United States since the Sept. 11, 2001, hijacked plane attacks.

Authorities have said that U.S.-born Farook and Malik, a native of Pakistan who lived most of her life in Saudi Arabia, were inspired by Islamic extremism. The couple, who were parents of a 6-month-old daughter, both died in a shootout with police four hours after the massacre.

The Federal Bureau of Investigation is still seeking to determine if anyone assisted the couple, such as in financing the attack or helping to plan for it, FBI spokeswoman Laura Eimiller said.

“While we have not charged anyone with providing support to Farook and Malik, we certainly will continue to investigate to determine if they were supported in any way,” she said in a telephone interview.

To that end, the FBI is still hoping to find the hard drive from the couple’s computer, Eimiller said.

A search by FBI divers in the weeks after the attack of a small lake at a park where Farook and Malik stopped in the hours after the shooting failed to turn up the hard drive.

In addition, the FBI still has an 18-minute gap in accounting for the whereabouts of Farook and Malik in the hours they spent driving around San Bernardino in a sport utility vehicle after the attack at the city’s Inland Regional Center.

The couple left three pipe bombs at the center, in an apparent attempt to harm emergency workers caring for the wounded, according to authorities. The couple approached the center after the attack and might have been trying to detonate one of the devices remotely, Eimiller said.

Several public events are scheduled for Friday in San Bernardino to mark the one-year anniversary of the attack.

Elected officials and emergency responders who handled the attack will attend a ceremony at a San Bernardino blood bank on Friday morning. In the evening, another event is expected to draw at least 2,000 participants to an arena in the city.

(Editing by Leslie Adler)

FBI to gain expanded hacking powers as Senate effort to block fails

Password on Computer Screen

By Dustin Volz

WASHINGTON (Reuters) – A last-ditch effort in the Senate to block or delay rule changes that would expand the U.S. government’s hacking powers failed Wednesday, despite concerns the changes would jeopardize the privacy rights of innocent Americans and risk possible abuse by the incoming administration of President-elect Donald Trump.

Democratic Senator Ron Wyden attempted three times to delay the changes, which will take effect on Thursday and allow U.S. judges will be able to issue search warrants that give the FBI the authority to remotely access computers in any jurisdiction, potentially even overseas. His efforts were blocked by Senator John Cornyn of Texas, the Senate’s second-ranking Republican.

The changes will allow judges to issue warrants in cases when a suspect uses anonymizing technology to conceal the location of his or her computer or for an investigation into a network of hacked or infected computers, such as a botnet.

Magistrate judges can currently only order searches within the jurisdiction of their court, which is typically limited to a few counties.

In a speech from the Senate floor, Wyden said that the changes to Rule 41 of the federal rules of criminal procedure amounted to “one of the biggest mistakes in surveillance policy in years.”

The government will have “unprecedented authority to hack into Americans’ personal phones, computers and other devices,” Wyden said.

He added that such authority, which was approved by the Supreme Court in a private vote earlier this year, but was not subject to congressional approval, was especially troubling in the hands of an administration of President-elect Trump, a Republican who has “openly said he wants the power to hack his political opponents the same way Russia does.”

Democratic Senator Chris Coons of Delaware and Republican Senator Steve Daines of Montana also delivered speeches voicing opposition to the rule changes.

The U.S. Justice Department has pushed for the changes to the federal rules of criminal procedure for years, arguing they are procedural in nature and the criminal code needed to be modernized for the digital age.

In an effort to address concerns, U.S. Assistant Attorney General Leslie Caldwell wrote a blog post this week arguing that the benefits given to authorities from the rule changes outweighed any potential for “unintended harm.”

“The possibility of such harm must be balanced against the very real and ongoing harms perpetrated by criminals – such as hackers, who continue to harm the security and invade the privacy of Americans through an ongoing botnet, or pedophiles who openly and brazenly discuss their plans to sexually assault children,” Caldwell wrote.

A handful of judges in recent months had dismissed evidence brought as part of a sweeping FBI child pornography sting, saying the search warrants used to hack suspects’ computers exceeded their jurisdiction.

The new rules are expected to make such searches generally valid.

Blocking the changes would have required legislation to pass both houses of Congress, then be signed into law by the president.

(Reporting by Dustin Volz, editing by G Crosse)

Wall St stumbles as FBI to review more Clinton emails

Traders work on the floor of the New York Stock Exchange (NYSE) shortly after the opening bell in New York

By Chuck Mikolajczak

NEW YORK (Reuters) – U.S. stocks erased early gains and turned negative on Friday after the head of the FBI said it will review more emails related to Democratic presidential candidate Hillary Clinton’s private email use.

Each of the three major indexes on Wall Street fell to session lows after FBI Director James Comey said in a letter to several congressional Republicans that the agency had learned of the existence of emails that appeared to be pertinent to its investigation. The election is scheduled to take place in 11 days, on Nov. 8.

“The market turned south the minute the headline hit the tape that the FBI is all of a sudden looking at (Hillary Clinton’s) emails again,” said Ken Polcari, Director of the NYSE floor division at O’Neil Securities in New York.

“The fact they are looking again just raises the prospect that once again they might find something, so the market turned south because it is expecting a Clinton win.”

Wall Street had been higher for most of the session after economic data showed the U.S. economy grew 2.9 percent in the third quarter, its fastest pace in two years, and upbeat earnings from Google parent company Alphabet Inc.

Alphabet shares were up 0.6 percent at $821.85.

While the report supports the case for an interest rate hike, the Federal Reserve is unlikely to make a move at its meeting next week, as it falls just days ahead of the U.S. presidential election.

The market is largely expecting the central bank to hike rates in December, with the odds of a rate increase that month  at 73.6 percent, according to the CME Group’s FedWatch tool.

Investors also digested the latest wave of earnings reports with the hope the latest quarter snaps a year-long earnings recession.

Nearly 73 percent of the S&P 500 companies that reported have topped Wall Street expectations, with growth for the quarter now expected to be 3 percent, according to Thomson Reuters I/B/E/S. The quarter had been expected to show a decline of 0.5 percent at the start of October.

On the negative side, Amazon.com was set for its worst day in nearly nine months, falling 4.8 percent to $778.74 after the online retailer warned that heavy investments in the crucial holiday quarter would hurt profits. The stock was the top drag on the S&P and the Nasdaq.

The Dow Jones industrial average <.DJI> fell 37.49 points, or 0.21 percent, to 18,132.19, the S&P 500 lost 9.81 points, or 0.46 percent, to 2,123.23 and the Nasdaq Composite dropped 29.05 points, or 0.56 percent, to 5,186.93.

Each of the major indexes were poised to post a decline for the week.

Amgen plunged 10.1 percent to $144.30 after the world’s largest biotechnology company’s sales for its flagship drug disappointed investors and analysts.

Declining issues outnumbered advancing ones on the NYSE by a 1.65-to-1 ratio; on Nasdaq, a 1.37-to-1 ratio favored decliners.

The S&P 500 posted 10 new 52-week highs and 9 new lows; the Nasdaq Composite recorded 42 new highs and 112 new lows.

(Reporting by Chuck Mikolajczak; Editing by Nick Zieminski)

Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence – sources

Yahoo billboard

By Joseph Menn

SAN FRANCISCO (Reuters) – Yahoo Inc last year secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials, according to people familiar with the matter.

The company complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo Mail accounts at the behest of the National Security Agency or FBI, said three former employees and a fourth person apprised of the events.

Some surveillance experts said this represents the first case to surface of a U.S. Internet company agreeing to an intelligence agency’s request by searching all arriving messages, as opposed to examining stored messages or scanning a small number of accounts in real time.

It is not known what information intelligence officials were looking for, only that they wanted Yahoo to search for a set of characters. That could mean a phrase in an email or an attachment, said the sources, who did not want to be identified.

Reuters was unable to determine what data Yahoo may have handed over, if any, and if intelligence officials had approached other email providers besides Yahoo with this kind of request.

According to two of the former employees, Yahoo Chief Executive Marissa Mayer’s decision to obey the directive roiled some senior executives and led to the June 2015 departure of Chief Information Security Officer Alex Stamos, who now holds the top security job at Facebook Inc.

“Yahoo is a law abiding company, and complies with the laws of the United States,” the company said in a brief statement in response to Reuters questions about the demand. Yahoo declined any further comment.

Through a Facebook spokesman, Stamos declined a request for an interview.

The NSA referred questions to the Office of the Director of National Intelligence, which declined to comment.

The request to search Yahoo Mail accounts came in the form of a classified edict sent to the company’s legal team, according to the three people familiar with the matter.

U.S. phone and Internet companies are known to have handed over bulk customer data to intelligence agencies. But some former government officials and private surveillance experts said they had not previously seen either such a broad demand for real-time Web collection or one that required the creation of a new computer program.

“I’ve never seen that, a wiretap in real time on a ‘selector,'” said Albert Gidari, a lawyer who represented phone and Internet companies on surveillance issues for 20 years before moving to Stanford University this year. A selector refers to a type of search term used to zero in on specific information.

“It would be really difficult for a provider to do that,” he added.

Experts said it was likely that the NSA or FBI had approached other Internet companies with the same demand, since they evidently did not know what email accounts were being used by the target. The NSA usually makes requests for domestic surveillance through the FBI, so it is hard to know which agency is seeking the information.

Alphabet Inc’s Google and Microsoft Corp, two major U.S. email service providers, separately said on Tuesday that they had not conducted such email searches.

“We’ve never received such a request, but if we did, our response would be simple: ‘No way’,” a spokesman for Google said in a statement.

A Microsoft spokesperson said in a statement, “We have never engaged in the secret scanning of email traffic like what has been reported today about Yahoo.” The company declined to comment on whether it had received such a request.

CHALLENGING THE NSA

Under laws including the 2008 amendments to the Foreign Intelligence Surveillance Act, intelligence agencies can ask U.S. phone and Internet companies to provide customer data to aid foreign intelligence-gathering efforts for a variety of reasons, including prevention of terrorist attacks.

Disclosures by former NSA contractor Edward Snowden and others have exposed the extent of electronic surveillance and led U.S. authorities to modestly scale back some of the programs, in part to protect privacy rights.

Companies including Yahoo have challenged some classified surveillance before the Foreign Intelligence Surveillance Court, a secret tribunal.

Some FISA experts said Yahoo could have tried to fight last year’s demand on at least two grounds: the breadth of the directive and the necessity of writing a special program to search all customers’ emails in transit.

Apple Inc made a similar argument earlier this year when it refused to create a special program to break into an encrypted iPhone used in the 2015 San Bernardino massacre. The FBI dropped the case after it unlocked the phone with the help of a third party, so no precedent was set.

“It is deeply disappointing that Yahoo declined to challenge this sweeping surveillance order, because customers are counting on technology companies to stand up to novel spying demands in court,” Patrick Toomey, an attorney with the American Civil Liberties Union, said in a statement.

Some FISA experts defended Yahoo’s decision to comply, saying nothing prohibited the surveillance court from ordering a search for a specific term instead of a specific account. So-called “upstream” bulk collection from phone carriers based on content was found to be legal, they said, and the same logic could apply to Web companies’ mail.

As tech companies become better at encrypting data, they are likely to face more such requests from spy agencies.

Former NSA General Counsel Stewart Baker said email providers “have the power to encrypt it all, and with that comes added responsibility to do some of the work that had been done by the intelligence agencies.”

SECRET SIPHONING PROGRAM

Mayer and other executives ultimately decided to comply with the directive last year rather than fight it, in part because they thought they would lose, said the people familiar with the matter.

Yahoo in 2007 had fought a FISA demand that it conduct searches on specific email accounts without a court-approved warrant. Details of the case remain sealed, but a partially redacted published opinion showed Yahoo’s challenge was unsuccessful.

Some Yahoo employees were upset about the decision not to contest the more recent edict and thought the company could have prevailed, the sources said.

They were also upset that Mayer and Yahoo General Counsel Ron Bell did not involve the company’s security team in the process, instead asking Yahoo’s email engineers to write a program to siphon off messages containing the character string the spies sought and store them for remote retrieval, according to the sources.

The sources said the program was discovered by Yahoo’s security team in May 2015, within weeks of its installation. The security team initially thought hackers had broken in.

When Stamos found out that Mayer had authorized the program, he resigned as chief information security officer and told his subordinates that he had been left out of a decision that hurt users’ security, the sources said. Due to a programming flaw, he told them hackers could have accessed the stored emails.

Stamos’s announcement in June 2015 that he had joined Facebook did not mention any problems with Yahoo. (http://bit.ly/2dL003k)

In a separate incident, Yahoo last month said “state-sponsored” hackers had gained access to 500 million customer accounts in 2014. The revelations have brought new scrutiny to Yahoo’s security practices as the company tries to complete a deal to sell its core business to Verizon Communications Inc for $4.8 billion.

(Reporting by Joseph Menn; Editing by Jonathan Weber and Tiffany Wu)

‘No doubt’ Russia behind hacks on U.S. election system: senior Democrat

Vice Presidential debate in Virginia

By Dustin Volz

WASHINGTON (Reuters) – A senior Democratic lawmaker said Sunday he had “no doubt” that Russia was behind recent hacking attempts targeting state election systems, and urged the Obama administration to publicly blame Moscow for trying to undermine confidence in the Nov. 8 presidential contest.

The remarks from Representative Adam Schiff, the top Democrat on the intelligence committee in the U.S. House of Representatives, come amid heightened concerns among U.S. and state officials about the security of voting machines and databases, and unsubstantiated allegations from Republican candidate Donald Trump that the election could be “rigged.”

“I have no doubt [this is Russia]. And I don’t think the administration has any doubt,” Schiff said during an appearance on ABC’s “This Week.”

Schiff’s call to name and shame the Kremlin came a week after Trump questioned widely held conclusions made privately by the U.S. intelligence community that Russia is responsible for the hacking activity.

“It could be Russia, but it could also be China,” Trump said during a televised debate with Democratic candidate Hillary Clinton. “It also could be somebody sitting on their bed that weighs 400 pounds.”

On Saturday, Homeland Security Secretary Jeh Johnson said hackers have probed the voting systems of many U.S. states but there is no sign that they have manipulated any voting data.

Schiff said he doubted hackers could falsify vote tallies in a way to affect the election outcome. Officials and experts have said the decentralized and outdated nature of U.S. voting technology makes such hacks more unlikely.

But cyber attacks on voter registration systems could “sow discord” on election day, Schiff said. He further added that leaks of doctored emails would be difficult to disprove and could “be election altering.”

The National Security Agency, FBI and DHS all concluded weeks ago that Russian intelligence agencies conducted, directed or coordinated all the major cyberattacks on U.S. political organizations, including the Democratic National Committee, and individuals, a U.S. official who is participating in the investigations said on Sunday.

However, the official said, White House officials have resisted naming the Russians publicly because doing so could result in escalating cyberattacks, and because it is considered impossible to offer public, unclassified proof of the allegation.

Schiff and Senator Dianne Feinstein, the top Democrat on the U.S. Senate intelligence committee, said last month they had concluded Russian intelligence agencies were “making a serious and concerted effort to influence the U.S. election.”

(Reporting by Dustin Volz and John Walcott; Editing by Nick Zieminski)

FBI Probes Hacks targeting phones of Democratic Party officials

The headquarters of the Democratic National Committee is seen in Washington,

By Mark Hosenball

WASHINGTON (Reuters) – The FBI is investigating suspected attempts to hack mobile phones used by Democratic Party officials as recently as the past month, four people with direct knowledge of the attack and the investigation told Reuters.

The revelation underscores the widening scope of the U.S. criminal inquiry into cyber attacks on Democratic Party organizations, including the presidential campaign of its candidate, former U.S. Secretary of State Hillary Clinton.

U.S. officials have said they believe those attacks were orchestrated by hackers backed by the Russian government, possibly to disrupt the Nov. 8 election in which Clinton faces Republican Party candidate Donald Trump. Russia has dismissed allegations it was involved in cyber attacks on the organizations.

The more recent attempted phone hacking also appears to have been conducted by Russian-backed hackers, two people with knowledge of the situation said.

Federal Bureau of Investigation representatives had no immediate comment, and a Clinton campaign spokesman said they were unaware of the suspected phone hacking.

The Democratic National Committee (DNC) did not respond to a request for comment. An official of the Democratic Congressional Campaign Committee (DCCC) said that nobody at the organization had been contacted by investigators about possible phone hacking.

Interim DNC Chairwoman Donna Brazile told CNN: “Our struggle with the Russian hackers that we announced in June is ongoing – as we knew it would be – and we are choosing not to provide general updates unless personal data or other sensitive information has been accessed or stolen.”

FBI agents had approached a small number of Democratic Party officials to discuss concerns their mobile phones may have been compromised by hackers, people involved said. It was not clear how many people were targeted by the hack or whether they included members of Congress, a possibility that could raise additional security concerns for U.S. officials.

‘OFFICE BRAIN’

If they were successful, hackers could have been able to acquire a wide range of data from targeted cellphones, including call data, text messages, emails, photos and contact lists, one person with knowledge of the situation said.

“In a sense, your phone is your office brain,” said Bruce Schneier, a cyber security expert with Resilient, an IBM company, which is not involved in the investigation. “It’s incredibly intimate.”

“Anything that’s on your phone, if your phone is hacked, the hacker can get it.”

The FBI has asked some of those whose phones were believed to have hacked to turn over their phones so that investigators could “image” them, creating a copy of the device and related data.

U.S. investigators are looking into whether hackers used data stolen from servers run by Democratic organizations or the private emails of their employees to get access to cellphones, one person said.

Hackers previously targeted servers used by the DNC, the body that sets strategy for the party, and the DCCC, which raises money for Democrats running for seats in the House of Representatives, officials have said.

Clinton said during Monday’s presidential debate there was “no doubt” Russia has sponsored hacks against “all kinds of organizations in our country” and mentioned Russian President Vladimir Putin by name.

“Putin is playing a really tough, long game here. And one of the things he’s done is to let loose cyber attackers to hack into government files, to hack into personal files, hack into the Democratic National Committee,” Clinton said.

Trump countered that there was no definitive proof that Russia had sponsored the hacks of Democratic organizations.

“I don’t think anybody knows it was Russia that broke into the DNC,” he said. “It could be Russia, but it could also be China. It could also be lots of other people.”

(Reporting By Mark Hosenball; Editing by Kevin Krolicki and Grant McCool)

FBI report expected to show violent crime rise in some U.S. cities

Phone banks of the FBI

By Julia Harte

WASHINGTON (Reuters) – Violent crime in certain big U.S. cities in 2015 likely increased over 2014, although the overall crime rate has remained far below peak levels of the early 1990s, experts said, in advance of the FBI’s annual crime report to be released later on Monday.

The Federal Bureau of Investigation’s report was expected to show a one-year increase in homicides and other violent crimes in cities including Chicago, Baltimore and Washington, D.C., based on already published crime statistics.

Coming on the day of the first presidential campaign debate between Republican Donald Trump and Democrat Hillary Clinton, the report could “be turned into political football,” said Robert Smith, a research fellow at Harvard Law School, in a teleconference on Friday with other crime experts.

A rise in violent crime in U.S. cities since 2014 has already been revealed in preliminary 2015 figures released by the FBI in January.

A recent U.S. Justice Department-funded study examined the nation’s 56 largest cities and found 16.8 percent more murders last year over 2014.

Trump last week praised aggressive policing tactics, including the “stop-and-frisk” approach.

Clinton has pushed for stricter gun control to help curb violence and has called for the development of national guidelines on the use of force by police officers.

FBI Director James Comey warned last year that violent crime in the United States might rise because increased scrutiny of policing tactics had created a “chill wind” that discouraged police officers from aggressively fighting crime.

Increased crime has been concentrated in segregated and impoverished neighborhoods of big cities. Experts said in such areas crime can best be fought through better community policing and alternatives to incarceration for nonviolent crime.

“We’re just beginning to see a shift in mentality in law enforcement from a warrior mentality … to a guardian mentality,” said Carter Stewart, a former prosecutor for the Southern District of Ohio, on the teleconference. “I don’t want us as a country to go backwards.”

In Chicago, 54 more people were murdered in 2015 than the year before, a 13 percent jump in the city’s murder rate, according to an April study by New York University’s Brennan Center for Justice.

(Editing by Kevin Drawbaugh and Matthew Lewis)

Yahoo says hackers stole data from 500 million accounts

A Yahoo logo is seen on top of the building where they have offices in New York

By Dustin Volz

(Reuters) – Yahoo Inc said on Thursday that at least 500 million of its accounts were hacked in 2014 by what it believed was a state-sponsored actor, a theft that appeared to be the world’s biggest known cyber breach by far.

Cyber thieves may have stolen names, email addresses, telephone numbers, dates of birth and encrypted passwords, the company said. But unprotected passwords, payment card data and bank account information did not appear to have been compromised, signaling that some of the most valuable user data was not taken.

The attack on Yahoo was unprecedented in size, more than triple other large attacks on sites such as eBay Inc, and it comes to light at a difficult time for Yahoo.

Chief Executive Officer Marissa Mayer is under pressure to shore up the flagging fortunes of the site founded in 1994, and the company in July agreed to a $4.83 billion cash sale of its internet business to Verizon Communications Inc.

“This is the biggest data breach ever,” said well-known cryptologist Bruce Schneier, adding that the impact on Yahoo and its users remained unclear because many questions remain, including the identity of the state-sponsored hackers behind it.

On its website on Thursday, Yahoo encouraged users to change their passwords but did not require it.

Although the attack happened in 2014, Yahoo only discovered the incursion after August reports of a separate breach. While that report turned out to be false, Yahoo’s investigation turned up the 2014 theft, according to a person familiar with the matter.

Analyst Robert Peck of SunTrust Robinson Humphrey said the breach probably was not enough to prompt Verizon to abandon its deal with Yahoo, but it could call for a price decrease of $100 million to $200 million, depending on how many users leave Yahoo.

Steven Caponi, an attorney at K&L Gates with a practice including merger litigation, said that Yahoo’s breach could fall under the “material adverse change” clause common in mergers allowing a buyer to walk away if its target’s value deteriorates.

“That would give Verizon the opportunity to renegotiate the terms or potentially walk away from the transaction if it is a material change. Whether it is a material change will depend in large part on what kind of information was compromised,” Caponi said.

Still, it is rare for mergers to fall apart over material changes. Verizon said in a statement it was made aware of the breach within the last two days and had limited information about the matter.

“We will evaluate as the investigation continues through the lens of overall Verizon interests,” the company said.

Shares of Yahoo stock closed a penny higher at $44.15, while shares of Verizon, were up about 1 percent.

RISING ATTACKS

The Yahoo breach follows a rising number of other large-scale data attacks and could make it a watershed event that prompts government and businesses to put more effort into bolstering defenses, said Dan Kaminsky, a well-known internet security expert.

Retailers and health insurers have been especially hard hit after high-profile breaches at Home Depot Inc, Target Corp, Anthem Inc and Premera Blue Cross.

“Five hundred of the Fortune 500 have been hacked,” he said. “If anything has changed, it’s that these attacks are getting publicly disclosed.”

Three U.S. intelligence officials, who declined to be identified by name, said they believed the attack was state-sponsored because of its resemblance to previous hacks traced to Russian intelligence agencies or hackers acting at their direction.

Yahoo said it was working with law enforcement on the matter, and the FBI said it was investigating.

“The investigation has found no evidence that the state-sponsored actor is currently in Yahoo’s network,” the company said.

While the breach comprised mostly low-value information, it did include security questions and answers created by users themselves. That data could make users vulnerable if they use the same answers on other sites.

A former Yahoo employee said the Q&A were deliberately left unencrypted, which allowed Yahoo to catch fake accounts more easily because fake accounts tended to reuse questions and answers.

News of the massive breach at one of the nation’s largest email providers may fan concern that U.S. companies and government agencies are not doing enough to improve cyber security.

Democratic Senator Mark Warner said in a statement he was “most troubled by news that this breach occurred in 2014, and yet the public is only learning details of it today.”

Technology website Recode first reported Tuesday that Yahoo planned to disclose details about a data breach affecting hundreds of millions of users.

(Reporting by Aishwarya Venugopal in Bengaluru and Dustin Volz in Washington; additional reporting by Jim Finkle in Boston, Lauren Hirsch in New York, and Joseph Menn and Deborah Todd in San Francisco, writing by Alwyn Scott; editing by Peter Henderson and Cynthia Osterman)

Investigators try to determine if accused New York bomber had help

robot retrieving unexploded bomb

By David Ingram and Nate Raymond

NEW YORK (Reuters) – U.S. authorities on Wednesday were looking into whether an Afghan-born American citizen charged with carrying out bombings in New York and New Jersey acted alone or had help as the city’s top federal public defender sought access to the suspect.

Police in New York City said they had not yet been permitted by doctors to speak to Ahmad Khan Rahami, 28, who was arrested on Monday after being wounded in a gunfight with police in Linden, New Jersey.

Rahami has been charged with wounding 31 people in a bombing in New York on Saturday that authorities called a “terrorist act.”

The Federal Bureau of Investigation released a photo of two men who found a second, unexploded pressure cooker device they say Rahami left in a piece of luggage in Manhattan’s Chelsea neighborhood on Saturday night.

The two men, who took the bag but left the improvised bomb on the street are not suspects, officials said, but investigators want to interview them as witnesses.

“As far as whether he’s a lone actor, that’s still the path we are following, but we are keeping all the options open,” William Sweeney, the FBI’s assistant director in New York, told reporters.

Rahami is also charged with planting a bomb that exploded in Seaside Park, New Jersey, but did not injure anyone and planting explosive devices in his hometown of Elizabeth, New Jersey, which did not detonate. He faces charges from federal prosecutors in both states.

Federal prosecutors portray Rahami, who came to the United States at age 7 and became a naturalized citizen, as embracing militant Islamic views, begging for martyrdom and expressing outrage at the U.S. “slaughter” of Muslim fighters in Afghanistan, Iraq, Syria and Palestine.

Investigators were also probing Rahami’s history of travel to Afghanistan and Pakistan, and looking for evidence that he may have picked up radical views or trained in bomb-making.

Both government and pro-Taliban sources in Pakistan on Wednesday said they had no knowledge of Rahami having met with prominent people connected to the Taliban or other religious groups.

Prosecutors plan to move Rahami to New York from the New Jersey hospital where he is being treated as soon as his medical condition allows, said Preet Bharara, the U.S. attorney in Manhattan.

DEFENSE LAWYER DEMANDS COURT APPEARANCE

Rahami’s wife met with U.S. law enforcement officials while in the United Arab Emirates and voluntarily gave a statement, a law enforcement official said on Wednesday. She was not in custody.

A New Jersey U.S. congressman previously said Rahami had emailed his office in 2014 for help in getting her a visa to enter the United States from Pakistan when she was pregnant.

Rahami’s defense attorney, David Patton, on Wednesday demanded that his first court appearance to be scheduled as soon as possible, even if it occurs in his hospital bed, saying that the defendant had a constitutional right to a lawyer and a court appearance within two days of his arrest.

New York Police Commissioner James O’Neill told a news conference that investigators had not yet received doctors’ clearance to interview Rahami, adding, “That may happen in the next 24 hours, pending the doctors’ approval.”

Federal prosecutors in New York noted that while they had filed charges against Rahami, he remained in the custody of state officials in New Jersey, who initially arrested him after Monday’s gunfight. They said that makes Patton’s request for access premature.

Patton, in a subsequent filing, shot back that such delays were unacceptable.

“Mr. Rahami was arrested more than 48 hours ago. His bail in New Jersey was set without any appointment of counsel or court appearance. He still has not been provided counsel. He does not have a scheduled court appearance in New Jersey until next week,” Patton said.

The attacks in New York and New Jersey were the latest in a series in the United States inspired by Islamic militant groups including al Qaeda and Islamic State. A pair of ethnic Chechen brothers killed three people and injured more than 260 at the 2013 Boston Marathon with homemade pressure-cooker bombs similar to those used in this weekend’s attacks.

Rahami, in other parts of a journal that prosecutors said he was carrying when he was arrested, praised “Brother” Osama bin Laden, the al Qaeda leader slain in a 2011 U.S. raid in Pakistan; Anwar al-Awlaki, an American-born Muslim cleric and leading al Qaeda propagandist who was killed in a 2011 U.S. drone strike in Yemen; and Nidal Hasan, the U.S. Army psychiatrist who shot dead 13 people and wounded 32 at Fort Hood, Texas, in 2009.

Republican Rep. Michael McCaul, house Homeland Security Committee chairman, told CNN that Rahami’s writings in a journal showed that his actions had been inspired by Islamic State as “his guidance came from the lead ISIS spokesman.”

“What that tells me as a counterterrorism expert that now we can definitively say this was an ISIS-inspired terrorist attack.”

(Additional reporting by Doina Chiacu and Julia Edwards in Washington and Mehreen Zahra-Malik in Quetta, Pakistan; Writing by Scott Malone and Dan Whitcomb; Editing by Will Dunham and Alan Crosby)