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Revealed: How the FBI Coordinated the Crackdown on Occupy December 30, 2012

Posted by rogerhollander in Civil Liberties, Occupy Wall Street Movement.
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Roger’s note: The Empire Strikes Back.  Those of us who oppose the imperial capitalism-on-steroids policies of the United States government are vulnerable to being labeled as terrorists.  And targeted for assassination!  As long as you behave yourself, as most Americans do, you are safe from government oppression (of course, you may lose your home or your job and go into bankruptcy over health care costs, but that is a horse of a different color).  A police state does not attack all its citizens, only those who are uppity. 
Published on Sunday, December 30, 2012 by The Guardian

New documents prove what was once dismissed as paranoid fantasy: totally integrated corporate-state repression of dissent

  by  Naomi Wolf

It was more sophisticated than we had imagined: new documents show that the violent crackdown on Occupy last fall – so mystifying at the time – was not just coordinated at the level of the FBI, the Department of Homeland Security, and local police. The crackdown, which involved, as you may recall, violent arrests, group disruption, canister missiles to the skulls of protesters, people held in handcuffs so tight they were injured, people held in bondage till they were forced to wet or soil themselves –was coordinated with the big banks themselves.

occupy-oakland-clashes-007_0

Police used teargas to drive back protesters following an attempt by the Occupy supporters to shut down the city of Oakland. Photograph: Noah Berger/AP

The Partnership for Civil Justice Fund, in a groundbreaking scoop that should once more shame major US media outlets (why are nonprofits now some of the only entities in America left breaking major civil liberties news?), filed this request. The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission. The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens.

The documents, released after long delay in the week between Christmas and New Year, show a nationwide meta-plot unfolding in city after city in an Orwellian world: six American universities are sites where campus police funneled information about students involved with OWS to the FBI, with the administrations’ knowledge (p51); banks sat down with FBI officials to pool information about OWS protesters harvested by private security; plans to crush Occupy events, planned for a month down the road, were made by the FBI – and offered to the representatives of the same organizations that the protests would target; and even threats of the assassination of OWS leaders by sniper fire – by whom? Where? – now remain redacted and undisclosed to those American citizens in danger, contrary to standard FBI practice to inform the person concerned when there is a threat against a political leader (p61).

As Mara Verheyden-Hilliard, executive director of the PCJF, put it, the documents show that from the start, the FBI – though it acknowledges Occupy movement as being, in fact, a peaceful organization – nonetheless designated OWS repeatedly as a “terrorist threat”:

“FBI documents just obtained by the Partnership for Civil Justice Fund (PCJF) … reveal that from its inception, the FBI treated the Occupy movement as a potential criminal and terrorist threat … The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.”

Verheyden-Hilliard points out the close partnering of banks, the New York Stock Exchange and at least one local Federal Reserve with the FBI and DHS, and calls it “police-statism”:

“This production [of documents], which we believe is just the tip of the iceberg, is a window into the nationwide scope of the FBI’s surveillance, monitoring, and reporting on peaceful protestors organizing with the Occupy movement … These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”

The documents show stunning range: in Denver, Colorado, that branch of the FBI and a “Bank Fraud Working Group” met in November 2011 – during the Occupy protests – to surveil the group. The Federal Reserve of Richmond, Virginia had its own private security surveilling Occupy Tampa and Tampa Veterans for Peace and passing privately-collected information on activists back to the Richmond FBI, which, in turn, categorized OWS activities under its “domestic terrorism” unit. The Anchorage, Alaska “terrorism task force” was watching Occupy Anchorage. The Jackson, Michigan “joint terrorism task force” was issuing a “counterterrorism preparedness alert” about the ill-organized grandmas and college sophomores in Occupy there. Also in Jackson, Michigan, the FBI and the “Bank Security Group” – multiple private banks – met to discuss the reaction to “National Bad Bank Sit-in Day” (the response was violent, as you may recall). The Virginia FBI sent that state’s Occupy members’ details to the Virginia terrorism fusion center. The Memphis FBI tracked OWS under its “joint terrorism task force” aegis, too. And so on, for over 100 pages.

Jason Leopold, at Truthout.org, who has sought similar documents for more than a year, reported that the FBI falsely asserted in response to his own FOIA requests that no documents related to its infiltration of Occupy Wall Street existed at all. But the release may be strategic: if you are an Occupy activist and see how your information is being sent to terrorism task forces and fusion centers, not to mention the “longterm plans” of some redacted group to shoot you, this document is quite the deterrent.

There is a new twist: the merger of the private sector, DHS and the FBI means that any of us can become WikiLeaks, a point that Julian Assange was trying to make in explaining the argument behind his recent book. The fusion of the tracking of money and the suppression of dissent means that a huge area of vulnerability in civil society – people’s income streams and financial records – is now firmly in the hands of the banks, which are, in turn, now in the business of tracking your dissent.

Remember that only 10% of the money donated to WikiLeaks can be processed – because of financial sector and DHS-sponsored targeting of PayPal data. With this merger, that crushing of one’s personal or business financial freedom can happen to any of us. How messy, criminalizing and prosecuting dissent. How simple, by contrast, just to label an entity a “terrorist organization” and choke off, disrupt or indict its sources of financing.

Why the huge push for counterterrorism “fusion centers”, the DHS militarizing of police departments, and so on? It was never really about “the terrorists”. It was not even about civil unrest. It was always about this moment, when vast crimes might be uncovered by citizens – it was always, that is to say, meant to be about you.

© 2012 The Guardian

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Naomi Wolf

Author, social critic, and political activist Naomi Wolf is the author of The New York Times bestseller “The End of America” (Chelsea Green) and, more recently, Give Me Liberty: A Handbook for American Revolutionaries. Wolf’s landmark international bestseller, The Beauty Myth, challenged the cosmetics industry and the marketing of unrealistic standards of beauty, launching a new wave of feminism in the early 1990s.

U.S. is the Worst Police State in the World – By the Numbers August 31, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Race, Racism, Torture.
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Roger’s note: the increasing use of private prisons exacerbates this problem in that the private corporations that contract with governments for provide custodial services demand a certain percentage of “customers,” that is, prisoners (how else can they make a profit?).  This requires the so-called criminal justice system to continue to crank out more and more prisoners, mostly poor and people of color, and most;y  for non violent crimes such as possession of marijuana. 
 

Tue, 08/28/2012 – 21:18 — Glen Ford

 

A Black Agenda Radio commentary by Glen Ford

There’s no getting around the fact that the United States is the Mother of All Police States. China can’t compete in the incarceration business. With four times the U.S. population, it imprisons only 70 percent as many people – about the same number as the non-white prison population of the U.S. Even worse, 80,000 U.S. inmates undergo the torture of solitary confinement on any given day.

 

U.S. is the Worst Police State in the World – By the Numbers

A Black Agenda Radio commentary by Glen Ford

The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.”

When U.S. corporate media operatives use the term “police state,” they invariably mean some other country. Even the so-called “liberal” media, from Democracy Now to the MSNBC menagerie, cannot bring themselves to say “police state” and the “United States” without putting the qualifying words “like” or “becoming” in the middle. The U.S. is behaving “like” a police state, they say, or the U.S. is in danger of “becoming” a police state. But it is never a police state. Since these privileged speakers and writers are not themselves in prison – because what they write and say represents no actual danger to the state – they conclude that a U.S. police state does not, at this time, exist.

Considering the sheer size and social penetration of its police and imprisonment apparatus, the United States is not only a police state, but the biggest police state in the world, by far: the police state against whose dimensions all other police systems on Earth must be measured.

By now, even the most insulated, xenophobic resident of the Nebraska farm belt knows that the U.S. incarcerates more people than any country in the world. He might not know that 25 percent of prison inmates in the world are locked up in the U.S., or that African Americans comprise one out of every eight of the planet’s prisoners. But, that Nebraska farmer is probably aware that America is number one in the prisons business. He probably approves. God bless the police state.

For the American media, including lots of media that claim to be of the Left, it is axiomatic that China is a police state. And maybe, by some standards, it is. But, according to United Nations figures, China is 87th in the world in the proportion of its people who are imprisoned. China is a billion people bigger than the United States – more than four times the population – yet U.S. prisons house in excess of 600,000 more people than China does. The Chinese prison population is just 70 percent of the American Gulag. That’s quite interesting because, non-whites make up about 70 percent of U.S. prisons. That means, the Black, brown, yellow and red populations of U.S. prisons number roughly the same as all of China’s incarcerated persons. Let me emphasize that: The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.

Solitary confinement beyond 15 days at a stretch crosses the line of torture.”

However, police states must be measured by conditions behind the bars, as well as raw numbers of inmates. And, by that standard, the American Gulag is even more monstrous.

Civilized people now recognize that solitary confinement is a form of torture. The United Nations Special Rapporteur on Torture, Juan Mendez, reports that solitary confinement beyond 15 days at a stretch crosses the line of torture, yet, as Al Jazeera recently reported, it is typical for hundred of thousands of U.S. prisoners to spend 30 or 60 days in solitary at a stretch. Twenty thousand are held in perpetual isolation in so-called supermax prisons – that is, they exist in a perpetual state of torture. Studies now show that, all told, 80,000 U.S. prisoners are locked up in solitary on any given day.That’s as many tortured people as the entire prison system of Germany, or of England, Scotland and Wales, combined.

If that is not a police state, then no such thing exists on planet Earth.

For Black Agenda Radio, I’m Glen Ford. On the web, go to Black Agenda Report.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

 

When It Looks and Feels Like Totalitarianism… May 4, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Democracy, Human Rights.
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Tue, 04/24/2012 – 21:22 — Jemima Pierre
 
www.blackagendareport.com

 

 

by BAR editor and columnist Jemima Pierre

The Obama administration has spent the last three years building the infrastructure of a totalitarian police state, that “has surpassed the Bush administration’s attempts to expand executive power by crushing the civil liberties of US citizens.” At the center of the repressive edifice is preventive detention without trial, buttressed by various measures that, effectively, criminalize dissent. Clearly, and methodically, “the US government is preparing for domestic insurrection.”

 

When It Looks and Feels Like Totalitarianism…

by BAR editor and columnist Jemima Pierre

The NDAA’S dangerous detention provisions would authorize the president – and all future presidents – to order the military to pick up and indefinitely imprison people captured anywhere in the world, far from any battlefield.”

George W. Bush would blush. Joseph McCarthy would be proud. And COINTELPRO now seems like child’s play. In only three years,the Obama administration and its enablers have established, legitimized, and normalized a national security state apparatus that removes any doubt that domestic policing is a prelude to a totalitarian police state. This apparatus has surpassed the Bush administration’s attempts to expand executive power by crushing the civil liberties of US citizens. And it has done so boldly, with only a few prominent critics, and without so much as a whimper from so-called leftists.

What we urgently need is a compilation of the various acts, presidential signing statements, domestic surveillance programs, secret military and police operations, censorships, and other administrative measures that affect not only our civil liberties, but also our human rights and human dignity. For now, I will focus on two of the more recent congressionally approved draconian laws passed by the Obama administration.

On New Year’s Eve, 2011, away from the glitter and swoon of the media, Obama signed into law the National Defense Authorization Act of 2012 (or NDAA).The law states that based on suspicion alone, the military can indefinitely detain anyone who is considered a “terrorist” or deemed an accessory to terrorism. This includes US citizens. According to the ACLU, this law codifies “indefinite military detention without charge or trial into law for the first time in American history.” “The NDAA’S dangerous detention provisions,” the ACLU continues, “would authorize the president – and all future presidents – to order the military to pick up and indefinitely imprison people captured anywhere in the world, far from any battlefield.”

The Obama administration and its enablers have established, legitimized, and normalized a national security state apparatus that removes any doubt that domestic policing is a prelude to a totalitarian police state.”

What is most dangerous about this law, according to its many critics, is its broad language about who can be considered a target. In his column describing why he is suing the Obama administration over NDAA, journalist Chris Hedges points particularly to Section 1031 defining a potential target as a person who is either a member of, or substantially supported, al-Qaeda, the Taliban, or “associated forces that are engaged in hostilities against the United States or its coalition partners.” This also includes “any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” The law doesn’t define what “associated forces” are, or what “engaging in hostilities” against the US means. And because the definition of a “terrorist” shifts according to political necessity, all of us – all over the world – are potential targets and eventual victims. Historically, we have seen how the US government has labeled “domestic terrorist” any persons or groups, particularly those on the left, who have dared challenge inequality and state oppression (clear examples are the American Indian Movement and the Black Power Movement). Most recently, we have seen the brutal suppression of domestic dissent through the militarized dismantling of Occupy Wall Street encampments – which brings us to the next worrisome law, HR 347.

The Federal Restricted Buildings and Grounds Improvement Act of 2011 or the “Trespass Bill” (HR 347 and its companion Senate bill, S. 1794) was signed into law by Obama on March 9, 2012. This law, according to a Business Insiderarticle, “potentially makes peaceable protest anywhere in the U.S. a federal felony punishable by up to 10 years in prison.” What it says, specifically, is that anyone can be charged with a federal felony for “trespassing” on property or grounds that is under Secret Service protection, even if the supposed “trespasser” is not aware that the area is under such protection. One can also be charged if he or she “impede[s] or disrupt[s] the orderly conduct of Government business or official functions.” This law effectively criminalizes any form of protest. This means that any place or event can, at any time and under any circumstance, be designated a “trespass” area and, anyone protesting any event can potentially be arrested. Knowing also that under NDAA, once arrested, a person can be detained indefinitely and extradited if he or she is deemed a threat, should give us all pause.

Any place or event can, at any time and under any circumstance, be designated a “trespass” area and, anyone protesting any event can potentially be arrested.”

Along with these new laws, there is the recent Executive Order signed by Obama on March 16, 2012: National Defense Resource Preparedness (EO 8248). This order allows the executive branch – through various federal authorities such as the Secretaries of Energy, Health and Human Services, Transportation, Defense, and Commerce – to take control of all food, all energy, all health resources and all transportation resources in the service of “national defense,” even in times of declared peace. It is true that this latest executive order is an update to the one signed by Bill Clinton in 1994. But in the context of the growing number of laws that expand executive and military power to stifle dissent along with the rapidly expanding national security enterprise, we should be wary.

Since the passing of the Patriot Act in 2001 and its reauthorization by Obama last year, we have seen assaults on our dignity, our human rights and ability to protest. These assaults now come from multiple fronts and contain diverse tactics. And they affect us all. We see examples in the local and federal militarized response to the Occupy Wall Street movements, the deployment of drones domestically by city governments, universities, private contractors, and local police (see domestic drone authorization map here), and we see how the Obama administration has waged an all out war against whistleblowers by using the archaic World War I era Espionage Act, prosecuting more people than all other presidents combined.More importantly, there is what the Washington Post last year called the “National Security Enterprise” that depends on “854,000 civil servants, military personnel and private contractors with top-security clearances,” and whose major work is domestic surveillance to curtail dissent. The unprecedented $1.5 billion, almost 1 million square feet National Security Agency data center (or “Spy Center”) that is being built in Utah, is to work both as a bottomless database for all information on all Americans, and as a remote interrogation center.

With all of this, it is clear that, even though it seems to only be concerned with international wars and other misadventures, the US government is preparing for domestic insurrection. And it has done so by unleashing the structures of totalitarianism, as it seeks to regulate our actions through mass surveillance, fear, and threats of repression. (For how else can we understand the recent purchase by the Department of Homeland Security of nearly 500 million rounds of ultra-deadlyhollow-point bullets and 40 caliber ammo, as well as a large number of semi-portable steel checkpoint guardhouses, complete with high-impact bulletproof glass windows and doors?)

And why not? The political order is being shaken, the Western financial infrastructure is collapsing, and empire is imploding. They know it and they are ready.

Jemima Pierre can be reached at BAR1804@gmail.com.

Less Lethal, Or You Die November 22, 2011

Posted by rogerhollander in Civil Liberties, Criminal Justice, Occupy Wall Street Movement.
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11.22.11 – 11:01 AM

by Abby Zimet, www.commondreams.org, November 22, 2011

A chilling look at “crowd management tools” – a.k.a. weapons – made by companies with names like Defense Technology and Combined Tactical Systems and increasingly used by police, from pepperball guns and compressed-air pepper-spray backbacks to projectiles firing bean bag “pain compliance rounds” and fog machines dispensing clouds of tear gas “to provide reliable, less-lethal, effective means of incapacitation.” From Mother Jones.

 

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Posted by Demonstorm
Nov 22 2011 – 11:32am

Most of these – and all the future ones still in development – weapons have one and only one purpose: to be used against Amereichan citizens who have the balls to dissent against the U.S. government. Think about that. Anyone thinking we still live in a democracy needs to have their blinders ripped off.

Posted by Oikos
Nov 22 2011 – 11:45am

The Evil Empire’s ways come home to discipline and punish the citizenry.

On Lousy Coverage and the Police Riot Kitten Meme October 28, 2011

Posted by rogerhollander in Uncategorized, Humor, Democracy, Civil Liberties, Occupy Wall Street Movement.
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10.28.11 – 11:38 AM

 

by Abby Zimet

The Washington Post is rightly taking heat for their print coverage of the Oakland police riots, which consisted of a bewilderingly irrelevant photo of a nice wittle cop petting a nice wittle kittie – Look Ma, no tear gas! – over the headline, “Protesters Wearing Out Their Welcome Nationwide.” Ok, we don’t expect much from them, but whoah. Meanwhile, online wise-acres are having a fine old time with it. A reminder on the media: Be wary of your source.

“Propaganda is to a democracy what the bludgeon is to a totalitarian state.” – Noam Chomsky.

 

http://assets.tumblr.com/iframe.html?10&src=http%3A%2F%2Foaklandriotcat.tumblr.com%2F&lang=en_US&name=oaklandriotcat&brag=0

Anything Goes: The New FBI Guidelines June 23, 2011

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy.
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Published on Thursday, June 23, 2011 by The Progressive

The FBI should not be given more power to spy on dissenters in America. In fact, it should not have that power at all.

Once upon a time, the FBI could investigate a person or organization only when the agency had reasonable suspicion of wrongdoing. This crucial requirement came about after the revelations of massive FBI abuse in the 1960s and early 1970s.

In 1976, Sen. Frank Church of Idaho held hearings on FBI wrongdoing. The Church Committee’s findings shed crucial light.

In the wake of the hearings, the attorney general of the United States drafted guidelines that mandated a criminal predicate before the FBI could launch an investigation. While often honored in the breach, and watered down over the years, until 9/11 this requirement served as a crucial bulwark against FBI intrusion into our protected First Amendment activities.

Unfortunately after the Sept. 11 attacks, first under Attorney General John Ashcroft and then under Attorney General Michael Mukasey, the requirement of a criminal predicate was removed. As a result, the FBI and other anti-terrorist agencies spied on many forms of legitimate protest and dissent. For example, pacifist groups such as the Thomas Merton Center and Catholic Worker were investigated under the rubric of domestic terrorism.

Protests have been a special target. For instance, 15 months prior to the 2008 Republican National Convention in St. Paul, Minn., a specially created FBI Intelligence Center began to spy on, and place informants in, groups it suspected were going to participate in demonstrations.

President Obama campaigned on protecting our civil liberties, so you might have expected his attorney general, Eric Holder, to provide people with greater protections from FBI snoops. But he has not. And it is about to get even worse.

The new Domestic Investigations and Operations Guide will empower the FBI to dispatch surveillance teams, to follow targets, to dig through trash, to search commercial databases and to expand the use of informants to infiltrate a wide range of organizations.

If you are part of a group that disagrees with government policy in Iraq or Afghanistan, or that dislikes nuclear energy, the next time you throw out your trash, an FBI agent may be examining it a few hours later — from what you eat to what you buy to what you read and think.

The next time you attend a meeting to fight for better schools, protest drug testing on animals or criticize almost any aspect of government policy, the person next to you may be an informant, recording everything you say. Or perhaps the informant will participate in the meeting, steering the organization’s activities in ways the government wishes.

It is now almost ten years after 9/11, the event that frightened many into giving the FBI broad spying authority — authority that now threatens the very essence of democracy. Piece by piece, the constitutional protections for dissent are disappearing.

It’s time for new congressional hearings, similar to the Church Committee’s, on FBI spying. We must protest the new expanded powers about to be bestowed on the FBI and follow that with a demand to Attorney General Holder for new guidelines ensuring that dissent and protest will be off-limits to the FBI.

Copyright 2011, The Progressive Magazine

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Michael Ratner

Michael Ratner is the president of the Center for Constitutional Rights. He is co-author with Margaret Ratner Kunstler of “Hell No: Your Right to Dissent in the Twenty-First Century

Margaret Ratner Kunstler

Margaret Ratner Kunstler is former education director at the Center for Constitutional Rights. She is co-author with Michael Ratner of “Hell No: Your Right to Dissent in the Twenty-First Century

FBI’s Counterterrorism Operations Scrutinizing Political Activists May 30, 2011

Posted by rogerhollander in Civil Liberties, Democracy.
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FBI’s Counterterrorism Operations Scrutinizing Political Activists

Monday 30 May 2011
by: Colin Moynihan  and Scott Shane, The New York Times News Service

For at least three years, counterterrorism agents monitored the comings and goings at Scott Crow’s home in Austin, Tex. (Photo: Caleb Bryant Miller / The New York Times)

AUSTIN, Texas — A fat sheaf of F.B.I. reports meticulously details the surveillance that counterterrorism agents directed at the one-story house in East Austin. For at least three years, they traced the license plates of cars parked out front, recorded the comings and goings of residents and guests and, in one case, speculated about a suspicious flat object spread out across the driveway.

“The content could not be determined from the street,” an agent observing from his car reported one day in 2005. “It had a large number of multi-colored blocks, with figures and/or lettering,” the report said, and “may be a sign that is to be used in an upcoming protest.”

Actually, the item in question was more mundane.

“It was a quilt,” said Scott Crow, marveling over the papers at the dining table of his ramshackle home, where he lives with his wife, a housemate and a backyard menagerie that includes two goats, a dozen chickens and a turkey. “For a kids’ after-school program.”

Mr. Crow, 44, a self-described anarchist and veteran organizer of anticorporate demonstrations, is among dozens of political activists across the country known to have come under scrutiny from the F.B.I.’s increased counterterrorism operations since the attacks of Sept. 11, 2001.

Other targets of bureau surveillance, which has been criticized by civil liberties groups and mildly faulted by the Justice Department’s inspector general, have included antiwar activists in Pittsburgh, animal rights advocates in Virginia and liberal Roman Catholics in Nebraska. When such investigations produce no criminal charges, their methods rarely come to light publicly.

But Mr. Crow, a lanky Texas native who works at a recycling center, is one of several Austin activists who asked the F.B.I. for their files, citing the Freedom of Information Act. The 440 heavily-redacted pages he received, many bearing the rubric “Domestic Terrorism,” provide a revealing window on the efforts of the bureau, backed by other federal, state and local police agencies, to keep an eye on people it deems dangerous.

In the case of Mr. Crow, who has been arrested a dozen times during demonstrations but has never been convicted of anything more serious than trespassing, the bureau wielded an impressive array of tools, the documents show.

The agents watched from their cars for hours at a time — Mr. Crow recalls one regular as “a fat guy in an S.U.V. with the engine running and the air-conditioning on” — and watched gatherings at a bookstore and cafe. For round-the-clock coverage, they attached a video camera to the phone pole across from his house on New York Avenue.

They tracked Mr. Crow’s phone calls and e-mails and combed through his trash, identifying his bank and mortgage companies, which appear to have been served with subpoenas. They visited gun stores where he shopped for a rifle, noting dryly in one document that a vegan animal rights advocate like Mr. Crow made an unlikely hunter. (He says the weapon was for self-defense in a marginal neighborhood.)

They asked the Internal Revenue Service to examine his tax returns, but backed off after an I.R.S. employee suggested that Mr. Crow’s modest earnings would not impress a jury even if his returns were flawed. (He earns $32,000 a year at Ecology Action of Texas, he said.)

They infiltrated political meetings with undercover police officers and informers. Mr. Crow counts five supposed fellow activists who were reporting to the F.B.I.

Mr. Crow seems alternately astonished, angered and flattered by the government’s attention. “I’ve had times of intense paranoia,” he said, especially when he discovered that some trusted allies were actually spies.

“But first, it makes me laugh,” he said. “It’s just a big farce that the government’s created such paper tigers. Al Qaeda and real terrorists are hard to find. We’re easy to find. It’s outrageous that they would spend so much money surveilling civil activists, and anarchists in particular, and equating our actions with Al Qaeda.”

The investigation of political activists is an old story for the F.B.I., most infamously in the Cointel program, which scrutinized and sometimes harassed civil rights and antiwar advocates from the 1950s to the 1970s. Such activities were reined in after they were exposed by the Senate’s Church Committee, and F.B.I. surveillance has been governed by an evolving set of guidelines set by attorneys general since 1976.

But the Oklahoma City bombing in 1995 demonstrated the lethal danger of domestic terrorism, and after the Sept. 11 attacks, the F.B.I. vowed never again to overlook terrorists hiding in plain sight. The Qaeda sleeper cells many Americans feared, though, turned out to be rare or nonexistent.

The result, said Michael German, a former F.B.I. agent now at the American Civil Liberties Union, has been a zeal to investigate political activists who pose no realistic threat of terrorism.

“You have a bunch of guys and women all over the country sent out to find terrorism. Fortunately, there isn’t a lot of terrorism in many communities,” Mr. German said. “So they end up pursuing people who are critical of the government.”

Complaints from the A.C.L.U. prompted the Justice Department’s inspector general to assess the F.B.I.’s forays into domestic surveillance. The resulting report last September absolved the bureau of investigating dissenters based purely on their expression of political views. But the inspector general also found skimpy justification for some investigations, uncertainty about whether any federal crime was even plausible in others and a mislabeling of nonviolent civil disobedience as “terrorism.”

Asked about the surveillance of Mr. Crow, an F.B.I. spokesman, Paul E. Bresson, said it would be “inappropriate” to discuss an individual case. But he said that investigations are conducted only after the bureau receives information about possible crimes.

“We do not open investigations based on individuals who exercise the rights afforded to them under the First Amendment,” Mr. Bresson said. “In fact, the Department of Justice and the bureau’s own guidelines for conducting domestic operations strictly forbid such actions.”

It is not hard to understand why Mr. Crow attracted the bureau’s attention. He has deliberately confronted skinheads and Ku Klux Klan members at their gatherings, relishing the resulting scuffles. He claims to have forced corporate executives to move with noisy nighttime protests.

He says he took particular pleasure in a 2003 demonstration for Greenpeace in which activists stormed the headquarters of ExxonMobil in Irving, Tex., to protest its environmental record. Dressed in tiger outfits, protesters carried banners to the roof of the company’s offices, while others wearing business suits arrived in chauffeured Jaguars, forcing frustrated police officers to sort real executives from faux ones.

“It was super fun,” said Mr. Crow, one of the suits, who escaped while 36 other protesters were arrested. “They had ignored us and ignored us. But that one got their attention.”

It got the attention of the F.B.I. as well, evidently, leading to the three-year investigation that focused specifically on Mr. Crow. The surveillance documents show that he also turned up in several other investigations of activism in Texas and beyond, from 2001 to at least 2008.

For an aficionado of civil disobedience, Mr. Crow comes across as more amiable than combative. He dropped out of college, toured with an electronic-rock band and ran a successful Dallas antiques business while dabbling in animal rights advocacy. In 2001, captivated by the philosophy of anarchism, he sold his share of the business and decided to become a full-time activist.

Since then, he has led a half-dozen groups and run an annual training camp for protesters. (The camps invariably attracted police infiltrators who were often not hard to spot. “We had a rule,” he said. “If you were burly, you didn’t belong.”) He also helped to found Common Ground Relief, a network of nonprofit organizations created in New Orleans after Hurricane Katrina.

Anarchism was the catchword for an international terrorist movement at the turn of the 20th century. But Mr. Crow, whose e-mail address contains the phrase “quixotic dreaming,” describes anarchism as a kind of locally oriented self-help movement, a variety of “social libertarianism.”

“I don’t like the state,” he said. “I don’t want to overthrow it, but I want to create alternatives to it.”

This kind of talk appears to have baffled some of the agents assigned to watch him, whose reports to F.B.I. bosses occasionally seem petulant. One agent calls “nonviolent direct action,” a phrase in activists’ materials, “an oxymoron.” Another agent comments, oddly, on Mr. Crow and his wife, Ann Harkness, who have been together for 24 years, writing that “outwardly they did not appear to look right for each other.” At a training session, “most attendees dressed like hippies.”

Such comments stand out amid detailed accounts of the banal: mail in the recycling bin included “a number of catalogs from retail outlets such as Neiman Marcus, Ann Taylor and Pottery Barn.”

Mr. Crow said he hoped the airing of such F.B.I. busywork might deter further efforts to keep watch over him. The last documents he has seen mentioning him date from 2008. But the Freedom of Information Act exempts from disclosure any investigations that are still open.

“I still occasionally see people sitting in cars across the street,” he said. “I don’t think they’ve given up.”

© 2011 The New York Times Company
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When Will We All Need to Carry Identity Papers? September 1, 2010

Posted by rogerhollander in Civil Liberties, Human Rights, Immigration, Race, Racism.
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Published on Monday, August 30, 2010 by CommonDreams.org

by Jerry Lanson

Once again, what we don’t know about the erosion of rights in this country can be as bad as what we do.

While Americans debate and litigate the Arizona law authorizing search and seizure of anyone police “reasonably suspect” to be an illegal immigrant, U.S. immigration officials on trains and buses up to 100 miles south of the Canadian border are confronting and sometimes strip-searching dark-skinned passengers whose only “crime” may be that they bought a public-transportation ticket to travel within the United States, The New York Times reports.

It’s part of what some consider the new and improved border patrols to protect “the homeland” from potential terrorists. No matter that the kind of people being stopped, The Times reports, include an 60-year-old Ecuadoran-born U.S. citizen who carries a passport while visiting her sister in the Midwest because she’s been stopped before and hassled without it. No matter that it includes a Taiwanese-born PhD student who, two days after delivering a paper at a Chicago conference, was taken from a train — one that had never crossed any borders — in Batavia, N.Y., strip-searched in a detention center and held, facing detention, because his visa had expired. No matter that a 21-year-old Long Island high school graduate was taken from the Lake Shore Limited in Rochester, N.Y., held for three weeks while her mother frantically tried to reach her and released at night at a rural Texas gas station.

These are not rumors. They are true stories, reported and told by The New York Times. They smack of overt racial profiling: How many blue-eyed Swedes and fair-skinned Russians do you think have been stopped on the trains and buses, whether they are gangsters, terrorists or simply PhD students? And they raise chilling reminders of World War II movies in which Nazi soldiers would walk down the aisles of trains looking for Jews.

“It’s turned into a police state on the northern border,” Cary M. Jensen, director of international services for the University of Rochester told The Times. He said foreign students, scholars and parents all have been questioned and, in some cases, jailed because the patrol did not recognize their legal status, the paper reports.

As I said, some Americans, frightened by our decade of war and fearful of anyone “different,” will applaud the newfound vigilance of immigration officials. Some, no doubt, were among the tens of thousands who flocked to the Lincoln Memorial this weekend to hear calls that America return to a more honorable time when we didn’t have to worry about foreigners (read non-white foreigners) crossing our borders. Just when that was I’m not sure since we are a nation founded by the poor and persecuted.

What the Tea Party folks may not be thinking is that this is how police states start. I wonder how they’d feel as white Americans (and the Tea Party is white) if police in Mexico pulled them off a train and threw them in jail because they’d forgotten to carry identity papers?

As for the rest of us, perhaps it’s time to do more than yawn and turn on that new flat screen TV to catch pre-season football. My father fled Hitler’s Germany on foot in 1935, walking through the mountains into what was then Czechoslovakia. If he taught me one thing it was this: What happened there can happen anywhere. That is why even as an American Army vet and longtime U.S. citizen, he never let his passport expire. He was always prepared to move on.

War and fear erode a country’s moral compass and distort its sense of just action. Subtly for most, we’ve lived in a state of both for nearly a decade. And in the process — a little domestic wire-tapping here, a few false arrests of foreign-born there — we’ve begun to accept the significant erosion of the very principles on which this country was founded: its openness, its acceptance of difference, and its welcoming of those with little in their wallets, but with an ethic of hard work and a can-doism that’s always allowed this country to be inventive and thrive.

These were captured in the Emma Lazarus poem taught to all school children and mounted at the Statue of Liberty:

Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!

Be sure to tell those huddled masses not to ride the buses or the Lake Shore Limited routes from Chicago to New York. In the Buffalo sector alone, the border patrol reports arresting 1,050  on trains, buses and the stations of both in the six months between October 2007 and April 2008, The New York Times reports. That’s roughly six people a day.

The Buffalo sector didn’t say how many people were questioned and let go. Or how many of those arrests proved false.

You may shrug. Not your issue. I hope not. Me? I’ll keep my passport current.

Jerry Lanson is an associate professor of journalism at Emerson College in Boston.

Do the Secret Bush Memos Amount to Treason? Top Constitutional Scholar Says Yes March 26, 2009

Posted by rogerhollander in Criminal Justice, Torture.
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Legal expert Michael Ratner calls the legal arguments made in the infamous Yoo memos, “Fuhrer’s law.”

By Naomi Wolf, AlterNet. Posted March 25, 2009.

In early March, more shocking details emerged about George W. Bush legal counsel John Yoo’s memos outlining the destruction of the republic.

The memos lay the legal groundwork for the president to send the military to wage war against U.S. citizens; take them from their homes to Navy brigs without trial and keep them forever; close down the First Amendment; and invade whatever country he chooses without regard to any treaty or objection by Congress.

It was as if Milton’s Satan had a law degree and was establishing within the borders of the United States the architecture of hell.

I thought this was — and is — certainly one of the biggest stories of our lifetime, making the petty burglary of Watergate — which scandalized the nation — seem like playground antics. It is newsworthy too with the groundswell of support for prosecutions of Bush/Cheney crimes and recent actions such as Canadian attorneys mobilizing to arrest Bush if he visits their country.

The memos are a confession. The memos could not be clearer: This was the legal groundwork of an attempted coup. I expected massive front page headlines from the revelation that these memos exited. Almost nothing. I was shocked.

As a non-lawyer, was I completely off base in my reading of what this meant, I wondered? Was I hallucinating?

Astonished, I sought a reality check — and a formal legal read — from one of the nation’s top constitutional scholars (and most steadfast patriots), Michael Ratner of the Center for Constitutional Rights, which has been at the forefront of defending the detainees and our own liberties.

Here is our conversation:

Naomi Wolf: Michael, can you explain to a layperson what the Yoo memos actually mean?’

Michael Ratner: What they mean is that your book looks moderate in respect to those issues now. This — what is in the memos — is law by fiat.

I call it “Fuhrer’s law.” What those memos lay out means the end of the system of checks and balances in this country. It means the end of the system in which the courts, legislature and executive each had a function and they could check each other.

What the memos set out is a system in which the president’s word is law, and Yoo is very clear about that: the president’s word is not only law according to these memos, but no law or constitutional right or treaty can restrict the president’s authority.

What Yoo says is that the president’s authority as commander in chief in the so-called war on terror is not bound by any law passed by Congress, any treaty, or the protections of free speech, due process and the right to be free from unreasonable searches and seizures. The First, Fourth and Fifth amendments — gone.

What this actually means is that the president can order the military to operate in the U.S. and to operate without constitutional restrictions. They — the military –  can pick you or me up in the U.S. for any reason and without any legal process. They would not have any restrictions on entering your house to search it, or to seize you. They can put you into a brig without any due process or going to court. (That’s the Fourth and Fifth amendments.)

The military can disregard the Posse Comitatus law, which restricts the military from acting as police in the the United States. And the president can, in the name of wartime restrictions, limit free speech. There it is in black and white: we are looking at one-person rule without any checks and balances — a lawless state. Law by fiat.

Who has suspended the law this way in the past? It is like a Caesar’s law in Rome; a Mussolini’s law in Italy; a Fuhrer’s law in Germany; a Stalin’s law in the Soviet Union. It is right down the line. It is enforcing the will of the dictator through the military.

NW: The mainstream media have virtually ignored these revelations, though it seems to me this is the biggest news since Pearl Harbor.

MR: I think that’s right. We had a glimmering of the blueprint for some of this — when they picked up Jose Padilla, the military went to a prison and snatched an American citizen as if they had a perfect right to do so.

Now we can see that these memos laid the legal groundwork for such actions. We knew the military could do this to an individual. We did not know the plan was to eliminate First Amendment constitutional rights for the entire population.

NW: If Bush only wanted these powers in order to prosecute a war on terror, why does he need to suspend the First Amendment? Isn’t that the smoking gun of a larger intention toward the general population?

MR: Part of this plan was actually implemented: for instance, they tried to keep people like Padilla from getting to a magistrate. They engaged in the wiretapping, because according to these memos there was no Fourth Amendment.

They had to be planning some kind of a takeover of the United States to be saying they could simply abolish the First Amendment if the president believed it was necessary in the name of national security. It lays the groundwork for what could have been a massive military takeover of the United States.

Here they crept right up and actually implemented part of the plan, with Padilla, with the warrantless wiretapping. Yet they are saying in the White House and in Congress that it is looking backward to investigate the authors of these memos and those who instructed Yoo and others to write them.

But investigation and prosecutions are really looking forward — to say we need the deterrence of prosecution so this does not happen again.

NW: What about the deployment of three brigades in the U.S.? How should we read that?’

MR: With terrorism as less of a concern to many, but now with the economy in tatters there is a lot more militant activism in U.S. — the New School and NYU student takeovers, protests around the country and strikes are just the beginning. I think governments are now concerned over people’s activism, and people’s anger at their economic situation. I don’t think those brigades can be detached from the idea that there might well be a huge amount of direct-action protest in the U.S.

There could have also been a closer election that could have been stolen easily and then a huge protest. Those troops would have been used to enforce the will of the cabal stealing the election.

NW: As a layperson, I don’t fully understand what powers the memos actually manifest. Are they theoretical or not just theoretical? What power did the memos actually give Bush?

MR: They were probably, in fact almost for sure, written in cahoots with the administration — [Karl] Rove, [Dick] Cheney — to give them legal backing for what they planned or wanted to carry out.

What I assume happened here is people like Cheney or his aides go to the Office of Legal Counsel and say, “We are going to need legal backing, to give a face of legality to what we are doing and what we are planning.” When the president then signs a piece of paper that says, “OK, military, go get Jose Padilla,” these memos give that order a veneer of legality.

If you are familiar with the history of dictators, coups and fascism (as I know you are), they (the planners) prefer a veneer of legality. Hitler killed 6 million Jews with a veneer of legality — getting his dictatorial powers through the Reichstag and the courts.

These memos gave the Bush administration’s [lawless] practices the veneer of legality.

NW: So are you saying that these memos actually created a police state that we did not know about?

MR: If you look at police state as various strands of lawlessness, we knew about some of this lawlessness even before this latest set of memos.

But the memos revealed how massive the takeover of our democracy was to be — that this wasn’t just going to be a few individuals here or there who suffered the arrows of a police state.

These memos lay the groundwork for a massive military takeover of the United States in cahoots with the president. And if that’s not a coup d’etat then, nothing is.

NW: Can I ask something? I keep thinking about the notion of treason. In America now, people tend to read the definition of treason in the Constitution as if they are thinking of a Tokyo Rose or an American citizen acting as an agent for an enemy state — very much a World War II experience of the traitor to one’s country.

But I’ve been reading a lot of 16th and 17th century history, and it seems to me that the founders were thinking more along the lines of English treason of that era — small groups of Englishmen, usually nobility, who formed cabals and conspired with one another to buy or recruit militias to overthrow the crown or Parliament.

The notion that a group might conspire in secret to overthrow the government is not a wild, marginal concept, it is a substantial part of European, and especially British, Renaissance and Reformation-era history and would have been very much alive in the minds of the Enlightenment-era founders. (I just visited the Tower of London where this was so frequent a charge against groups of English subjects that there is a designated Traitor’s Gate.)

So clearly you don’t have to act on behalf of another state to commit treason. The Constitution defines it as levying war against the United States or giving aid and comfort to its enemies. It says nothing about the enemy having to be another state.

When the Constitution was drafted, the phrase “United States” barely referred to a singular country; it referred to a new federation of many united states. They imagined militias rising up against various states; it was not necessarily nation against nation.

Surely, when we have evidence Bush prepared the way to allow the military to imprison or shoot civilians in the various states and created law to put his own troops over the authority of the governors and the national guard of the various states, and when the military were sent to terrorize protesters in St. Paul, [Minn.], Bush was levying war in this sense against the united states?

Hasn’t Bush actually levied war against Minnesota? And if our leaders and military are sworn to protect and defend the Constitution, and there is clear evidence now that Bush and his cabal intended to do away with it, are they not our enemies and giving aid and comfort to our enemies? Again, “enemy” does not seem to me to be defined in the Constitution as another sovereign state.

MR: You are right. Treason need not involve another state. Aaron Burr was tried for treason. I do think that a plan to control the military, use it in the United States contrary to law and the Constitution and employ it to levy a war or takeover that eliminates the democratic institutions of the country constitutes treason, even if done under the president of the United States.

The authority given by these memos that could be used to raid every congressional office, raid and search every home, detain tens of thousands, would certainly fit a definition of treason.

This would be the president making war against the institutions of the United States.

Naomi Wolf is the author of Give Me Liberty (Simon and Schuster, 2008), the sequel to the New York Times best-seller The End of America: A Letter of Warning to a Young Patriot (Chelsea Green, 2007).

Memos Provide Blueprint for Police State March 4, 2009

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush.
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by Marjorie Cohn

Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide “legal” rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.

Who wrote these memos? All but one were crafted in whole or in part by the infamous John Yoo and Jay Bybee, authors of the so-called “torture memos” that redefined torture much more narrowly than the U.S. definition of torture, and counseled the President how to torture and get away with it. In one memo, Yoo said the Justice Department would not enforce U.S. laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.

What does the federal maiming statute prohibit?  It makes it a crime for someone “with the intent to torture, maim, or disfigure” to “cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person.” It further prohibits individuals from “throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance” with like intent.

The two torture memos were later withdrawn after they became public because their legal reasoning was clearly defective. But they remained in effect long enough to authorize the torture and abuse of many prisoners in U.S. custody.

The seven memos just made public were also eventually disavowed, several years after they were written. Steven Bradbury, the Principal Deputy Assistant Attorney General in Bush’s Department of Justice, issued two disclaimer memos – on October 6, 2008 and January 15, 2009 – that said the assertions in those seven memos did “not reflect the current views of this Office.” Why Bradbury waited until Bush was almost out of office to issue the disclaimers remains a mystery. Some speculate that Bradbury, knowing the new administration would likely release the memos, was trying to cover his backside.

Indeed, Yoo, Bybee and Bradbury are the three former Justice Department lawyers that the Office of Professional Responsibility singled out for criticism in its still unreleased report. The OPR could refer these lawyers for state bar discipline or even recommend criminal charges against them.

In his memos, Yoo justified giving unchecked authority to the President because the United States was in a “state of armed conflict.” Yoo wrote, “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” Yoo made the preposterous argument that since deadly force could legitimately be used in self-defense in criminal cases, the President could suspend the Fourth Amendment because privacy rights are less serious than protection from the use of deadly force.

Bybee wrote in one of the memos that nothing can stop the President from sending al Qaeda and Taliban prisoners captured overseas to third countries, as long as he doesn’t intend for them to be tortured. But the Convention Against Torture, to which the United States is a party, says that no country can expel, return or extradite a person to another country “where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Bybee claimed the Torture Convention didn’t apply extraterritorially, a proposition roundly debunked by reputable scholars. The Bush administration reportedly engaged in this practice of extraordinary rendition 100 to 150 times as of March 2005.

The same day that Attorney General Eric Holder released the memos, the government revealed that the CIA had destroyed 92 videotapes of harsh interrogations of Abu Zubaida and Abd al Rahim al Nashiri, both of whom were subjected to waterboarding. The memo that authorized the CIA to waterboard, written the same day as one of Yoo/Bybee’s torture memos, has not yet been released.

Bush insisted that Zubaida was a dangerous terrorist, in spite of the contention of one of the FBI’s leading al Qaeda experts that Zubaida was schizophrenic, a bit player in the organization. Under torture, Zubaida admitted to everything under the sun – his information was virtually worthless.

There are more memos yet to be released. They will invariably implicate Bush officials and lawyers in the commission of torture, illegal surveillance, extraordinary rendition, and other violations of the law.

Meanwhile, John Yoo remains on the faculty of Berkeley Law School and Jay Bybee is a federal judge on the Ninth Circuit Court of Appeals. These men, who advised Bush on how to create a police state, should be investigated, prosecuted, and disbarred. Yoo should be fired and Bybee impeached.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild.  She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), which will be published this winter by PoliPointPress.  Her articles are archived at www.marjoriecohn.com (The views expressed in this article are solely those of the writer; she is not acting on behalf of the National Lawyers Guild or Thomas Jefferson School of Law)

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