[News] Lawless Spying in America to Obstruct First Amendment Freedoms
Anti-Imperialist News
news at freedomarchives.org
Thu Oct 7 10:22:16 EDT 2010
Thursday, October 07, 2010
http://www.sjlendman.blogspot.com/
Lawless Spying in America to Obstruct First Amendment Freedoms
Lawless Spying in America to Obstruct First Amendment Freedoms - by
Stephen Lendman
The ACLU has released numerous reports of illegal spying. They
include federal, state and local SARs (suspicious activity reporting)
programs that encourage police, intelligence and homeland security
officials, emergency responders, and members of the public to spy on
neighbors, reporting any "suspicious" activities to authorities.
In an environment of fear, commonplace activities may be
misinterpreted, increasing chances to get innocent people on
terrorist watch lists. As a result, their names and vital information
will be in law enforcement/intelligence data bases, their personal
safety and reputations jeopardized.
Using new intelligence sharing systems like fusion centers enables
easy access of Joint Terrorism Task Forces and the Director of
National Intelligence (DNI) Information Sharing Environment (ISE), as
well as local police-collected information.
In Terry v. Ohio (1968), the Supreme Court established "reasonable
suspicion" of criminal activity as the standard for police stops to
investigate further. Under Title 28, Part 23 of the Code of Federal
Regulations, law enforcement agencies getting federal funds "shall
collect and maintain criminal intelligence information (on an
individual) only if there is reasonable suspicion (of involvement) in
criminal conduct or activity," and what's collected is relevant.
SARs, however, threaten civil liberties by encouraging indiscriminate
spying, jeopardizing innocent people unfairly. They're similar to
various Bush administration schemes, including:
-- a signing statement to the 2006 Postal Accountability Act giving
the president authority to order opening US citizens' mail without a warrant;
-- sweeping warrantless wiretapping and other surveillance in
violation of FISA (the Foreign Intelligence Surveillance Act),
amended in 2008 to let telecom companies spy on their customers for
the government;
-- Operation TIPS (Terrorism Information and Prevention System),
encouraging private citizens, including postal employees, to report
"unusual" neighborhood activities;
-- the Pentagon's Total Information Awareness (TIA), renamed
Terrorism Information Awareness to monitor anyone suspected of
terrorism or activities related to it;
-- the Pentagon's Threat and Local Observation Notice (TALON)
program, amassing a huge data base by domestic spying, done
spuriously against anyone suspected of terrorism; and
-- the Transportation Security Agency's SPOT program (Screening of
Passengers by Observation Techniques), using behavioral detection
officers to identify threats by observing and reporting suspicious
behavior based on unscientific behavioral indicators.
Policing Free Speech
On June 29, an ACLU report titled, "Policing Free Speech: Police
Surveillance and Obstruction of First Amendment-Protected Activity"
highlighted the present danger. It also cited the long history of
America's law enforcement agencies illegally spying on US citizens
and obstructing lawful political activity. It "was rampant during the
Cold War under the FBI's COINTELPRO, the CIA's Operation Chaos, and
other programs," continuing now more obtrusively than ever under new
names or none at all.
As a result, "Law enforcement agencies across America continue to
monitor and harass groups and individuals for....peacefully
exercising their First Amendment rights," eroding and gravely endangered.
In recent years, federal as well as in at least 33 states and the
District of Columbia, Americans have been surveilled, otherwise
monitored or harassed by police for engaging in marches, protests,
organizing, having "unusual viewpoints, and engag(ing) in normal,
innocuous behaviors such as writing notes or taking photographs in public.
In the past year, at least four Fushion Center reports are troubling:
-- the Virginia Fushion Center's Homegrown Terrorism Document;
-- the Texas Fushion Center's Prevention Awareness Bulletin;
-- the Missouri Fushion Center's Document on the Modern Militia Movement; and
-- in Massachusetts, the Commonwealth Fushion Center's Standard
Operating Procedures.
Below is a list of known states where the ACLU found incidents of
political spying unrelated to lawlessness.
In Alaska, Military Intelligence Spied on Planned Parenthood and
other groups ahead of the 2002 Salt Lake City winter Olympics, and on
Alaskans for Peace and Justice in 2005. In 2007, various groups'
cellphone calls were monitored. These are examples of more
widespread, continuing practices in the state.
In Arizona, University of Arizona police arrested a student for
"using sidewalk chalk to advertise a protest."
In California, an FBI agent admitted in court in 2009 that an
informant was planted in an Irvine Islamic Center. "Surveillance has
prompted some Muslims to avoid mosques and cut charitable
contributions out of fear of being questioned" or called "extremists."
LAPD Special Order # 11, dated March 5, 2008 (Los Angeles police),
lists 65 behaviors to report, including First Amendment ones like
using binoculars, taking photos or videos, taking notes, and
espousing "extremist" views.
In 2006, the Los Angeles Times got Homeland Security reports on
persons or groups participating in lawful demonstrations, including
anti-war and for animal rights. Protests of various other activist
organizations were also spied on throughout the state. During huge
anti-war San Francisco 2002 and 2003 demonstrations, police posed as
protesters to monitor crowd activities. Muslim groups were also
surveilled in Los Angeles, San Diego and elsewhere in the state.
Since 9/11, they've unfairly been designated enemy number one for
their faith, many falsely arrested, convicted and imprisoned for
being Muslim at the wrong time in America.
In Colorado, in 2005, FBI Joint Terrorism Task Force (JTTF) agents
monitored the American Indian Movement, as well as peace and
environmental groups on suspicions of "domestic terrorism." In 2003,
law enforcement agents infiltrated the Rocky Mountain Peace and
Justice Center and other peace and social justice groups.
In Colorado Springs, in 2002, police collected names and license
plate numbers of environmental and conservationist groups engaging in
peaceful demonstrations. In 2002, a pro-Palestinian Denver rally was
monitored as well as others for suspected "anarchists" and eight
categories of "extremists" for peace. In addition, for environmental
and animal rights issues, and justice for Black Americans.
FBI Joint Terrorism Task Force agents also spied on Food Not Bombs, a
Colorado group providing free vegetarian food to hungry people and
engaging in protests against war and poverty - considered "terrorism"
today in America, making nonviolent activists vulnerable, especially
if minorities or Muslims.
In Hartford, Connecticut, police arrested an activist for
photographing Governor Jodi Rell at a public event because
information on his blog expressed criticism.
In Florida, peace activists were placed on a government watchlist for
distributing information about conscientious objection to military
recruiters and interested civilians. The Defense Department listed a
Broward County Anti-War Coalition in a TALON database for protesting
at a Florida air and sea show.
In Georgia, Georgia State University Students for Peace and Justice
were included in the same database. Post-9/11, School of the Americas
(SOA) Watch peaceful protests and civil disobedience acts were
reclassified from "Routine" to "Priority," subject to "Counterrorism"
monitoring. In DeKalb County, a vegetarian activist was arrested for
writing down the license plate number of a DHS agent who monitored
her peaceful protesting. The state FBI Field Intelligence Group lists
Green Party members as potential eco-terrorists for supporting
environmental and animal rights.
In Idaho, members of the Progressive Student Alliance, a non-partisan
group focusing on social, economic, gender, and environmental justice
were questioned by FBI agents for boycotting TACO Bell to protest
conditions of Immokalee workers in Florida.
In Illinois, the American Friends Service Committee (AFSC) is listed
in the Defense Department's TALON database for planning protests at a
Springfield recruiting center. In Chicago, police conducted a
three-day manhunt for a "Middle Eastern" man in traditional clothing
after being notified that a passenger on a bus he was riding on said
he was clicking a hand counter on board. An investigation discovered
he used it to keep track of his daily prayers, a common Muslim practice.
In Indianapolis, Indiana, at the 2003 National Governors Association
(NGA) meeting, police confronted nonviolent demonstrators
disruptively, several suing on First Amendment grounds. On February
9, 2005, the US District Court for the Southern District of Indiana
ruled in favor of protestors, a rare good guys victory.
In Iowa, in February 2004, four Drake University peace activists got
federal grand jury subpoenas relating to a National Lawyers Guild
campus seminar on nonviolent civil disobedience. In Iowa City, FBI
and local authorities infiltrated peace groups ahead of the
Republican National Convention to preemptively disrupt them.
In Kansas, police train maintenance staff of apartment complexes, as
well as motels and storage facilities to watch for "printed terrorist
materials and propaganda."
In Kentucky, a protestant minister was placed on an FBI watch list
for ordering books online about Islam. In fall 2004, he was detained
by Canadian border officials while trying to enter the country for
sightseeing. He'd never been arrested, charged with a crime, or
participated in a protest.
In Louisiana, the Defense Department classified Veterans for Peace as
a threat to DOD personnel after participating in a New Orleans anti-war rally.
In Maine, FBI agents intercepted Veterans for Peace, Pax Christi
Maine, the Maine Coalition for Peace & Justice and other activist
groups' emails pertaining to planned protests at the Brunswick Naval
Air Show and against the christening of an Arleigh Burke Class destroyer.
In Maryland, state police spied on more than 30 activist groups,
mostly peace organizations and anti-death penalty advocates, sharing
information with local authorities and the FBI.
In Massachusetts, the FBI recruited a University of Massachusetts
police officer to work several days a week for its Anti-Terrorism
Task Force (ATTF). Undercover Harvard University police were caught
photographing people at a peaceful protest. A university spokesman
refused comment about the school's affiliation with intelligence
gathering or the targeting of local activists.
The state's ACLU also learned that the Commonwealth Fusion Center's
"Standard Operating Procedures" let undercover police gather
intelligence at public meetings even when there's no suspicion of
illegal activity.
In Michigan, in April 2009, the Council of Islamic Organizations of
Michigan wrote Attorney General Eric Holder after mosques and Muslim
groups reported their members being asked to spy on others coming there.
In Minnesota, FBI agents tried to get an arrested University of
Minnesota student to go undercover at "vegan pot-lucks" to spy on
groups organizing protests. The weekend before the start of the 2008
Republican National Convention, local and federal authorities
conducted preemptive raids and arrests against activist groups to
disrupt their ability to stage protests. After it began, mass arrests
followed. Hundreds were targeted violently for their nonviolent demonstrations.
In Missouri, the February Fushion Center report on "the modern
militia movement" claimed members usually support presidential
candidates Ron Paul, Chuck Baldwin and Bob Barr.
In New Jersey, in 2004, the ACLU made public requests to the state's
50 largest municipalities for documents disclosing criteria and other
information used to identify individuals as "potential threat
elements." Eight refused saying they're exempt under New Jersey's
Open Public Records Act.
In New Mexico, Veterans for Peace was placed in the Defense
Department's database, saying its protests "could become violent." In
March 2003, Albuquerque police attended anti-war protest organizing
meetings undercover to gather intelligence on participants.
In New York, Pentagon spies monitored a Veterans for Peace lecture.
The Defense Department also placed the War Resisters League in its
TALON database, saying CODEPINK and United for Peace and Justice
operate the same way. Ahead of the 2004 state Republican National
Convention, undercover NYPD officers monitored activists nationwide,
infiltrating hundreds of groups planning to attend protests.
A Syracuse University Muslim-American student was prevented by
Veterans Affairs police from photographing flags in front of a VA
building as part of a class assignment. After interrogation, her
digital photos were deleted.
In North Carolina, a honorably discharged army veteran married to an
active duty spouse was placed under Pentagon surveillance for
participating in a Fort Bragg protest led by veterans and military
families. Another planned protest was listed in TALON's database even
though determined to be peaceful and unthreatening.
In Ohio, a "Stop the War NOW!" protest was listed in the TALON
database as a potential terrorist threat. Its purpose was to read
names of war dead in front of the Akron federal building and a
military recruiting station.
In Oregon, in April 2005, Portland became the first US city to
withdraw from JTTF law enforcement participation. In May 2008, a
Federal Protective Service officer went undercover against a peaceful
anti-pesticide Eugene rally. City police made one arrest.
In Pennsylvania, FBI agents investigated Thomas Merton Center for
Peace & Justice gatherings because the group opposed the Iraq war. An
FBI memo called TMC "a left-wing organization advocating, among many
political causes, pacifism."
A Penn State University student was arrested in Philadelphia for
photographing police activity in his neighborhood with a cell phone
camera. Threats but no charges against him included conspiracy,
impeding police and obstruction of justice.
In Pittsburgh, the US Department of Energy revoked the security
clearance of a Muslim American employee with 18 years of service for
making critical public comments about the FBI's treatment of people
of his faith.
In Rhode Island, the Community Coalition for Peace was placed in the
TALON database for protesting outside a National Guard recruitment
station. Comments about the group said commanders and staff were
alerted "to (their) potential terrorist activity" and other "force
protection issues."
In Texas, in February 2009, a DHS-supported North Central Texas
Fusion System intelligence bulletin described a purported conspiracy
between Muslim civil rights organizations, lobbying groups, anti-war
activists, a former congresswoman, US Treasury Department, and hip
hop bands. In Austin, a counter-recruitment/anti-war recruitment
station protest was listed in the TALON database. In addition, an
Al-Jazeera television crew was prevented from filming on a public
road over a mile from a nuclear power plant. Extensive background
checks were conducted uncovering "no criminal history or other problems."
In Utah, the US Joint Forces Command liaison and FBI Olympic
Intelligence Center collected and disseminated information on Planned
Parenthood and National Alliance members, regarding their involvement
in 2002 Olympics protests and literature distributions.
In Virginia, the state Fushion Center's March 2008 terrorism threat
assessment called state universities and colleges "nodes for
radicalization." It also described the "diversity" surrounding a
Virginia military base and black colleges as possible security
threats. One man was arrested, but not charged, for videotaping the
Chesapeake Bay Bridge.
In Washington, a civilian Fort Lewis Force Protection employee posed
undercover as an anarchist to participate in Olympia Port
Militarization Resistance activities from 2007 - 2009. In addition,
police stopped a University of Washington Associate Fine Arts
Professor for photographing power lines as part of a school project.
She was searched, handcuffed, and held in a police car for 30 minutes
before being released, police saying FBI agents would contact her
about the incident.
An Evergreen State College student was arrested en route to a Port of
Grays Harbor anti-war protest, police acknowledging he and others had
been watched, calling them "known anarchists." No charges were filed.
In Washington, DC, a City Council committee said Metropolitan Police
used undercover officers to infiltrate protest groups without
evidence of wrongdoing. Making arrests, they also preemptively
prevented demonstrations, denying participants free expression and
assembly rights.
DHS also tracked a DC Anti-War Network's protest plans, informed the
Maryland state police who'd labeled the activists terrorists. In
October 2003, the FBI's Intelligence Bulletin No. 89 titled, "Tactics
Used During Protests and Demonstrations," included Internet
recruitment activity, fund raising, false documentation to access
secure facilities, marches, banners, sit-ins, vandalism, physical
harassment, and trespassing. No effort was made to distinguish
between protected speech and potential criminal activity.
In Wisconsin, a DHS Intelligence official assigned to the Statewide
Information Center produced a "threat assessment" with regard to a
February 2009 rally involving local pro-and anti-choice groups even
though neither posed a domestic threat.
Nationally, DHS reports warn that "right-wing extremists" might
recruit and radicalize "disgruntled military veterans." DHS's
Contractor Eco-Terrorism Report called the Sierra Club, Humane
Society, Audubon Society, and similar groups "mainstream
organizations with known or possible links to eco-terrorism."
DHS' "Protective Intelligence Bulletin designated CODEPINK, Iraq
Pledge of Resistance and DAWN groups "civil activist and extremist,"
planning dozens of nationwide anti-war demonstrations. The FBI lists
the Green Party as a potential Eco-Terrorist target. In October, DHS
sent a report titled, "Nation of Islam: Uncertain Leadership
Succession Poses Risks" to hundreds of federal officials despite
Department guidelines designating the files for destruction because
the group's assessment lasted over 180 days without evidence of
wrongdoing uncovered.
A Final Comment
For many decades, and especially post-9/11, illegal spying on
Americans has persisted, disrupting their speech, assembly, and other
freedoms. They're fast eroding as the nation slips further toward
repression, using a homeland police state apparatus against
individuals or groups opposing the destruction of their
constitutionally protected rights more than ever under threat.
In a climate of fear and intimidation, national security concerns are
trampling core legal principles, the rule of law losing out to war on
terror hysteria and unchecked powers. As a result, protected freedoms
are fast eroding, key among them First Amendment rights without which
all others are at risk.
Stephen Lendman lives in Chicago and can be reached at
lendmanstephen at sbcglobal.net. Also visit his blog site at
sjlendman.blogspot.com and listen to cutting-edge discussions with
distinguished guests on the Progressive Radio News Hour on the
Progressive Radio Network Thursdays at 10AM US Central time and
Saturdays and Sundays at noon. All programs are archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/.
posted by Steve Lendman @
<http://sjlendman.blogspot.com/2010/10/lawless-spying-in-america-to-obstruct.html>2:56
AM
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