[News] Lawless Spying in America to Obstruct First Amendment Freedoms

[Anti-Imperialist News]

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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