[News] FBI Opened Terrorism Investigations Into Nonviolent Palestinian Solidarity Group
news at freedomarchives.org
Mon Apr 6 10:53:21 EDT 2020
FBI Opened Terrorism Investigations Into Nonviolent Palestinian
Chip Gibbons - April 5, 2020
_In 2006, St._ Louis-based activist and academic Mark Chmiel received a
message on his answering machine from the Federal Bureau of
Investigation. The FBI wanted to talk to Chmiel about trip three years
ago that he and other St. Louis activists took with the International
Solidarity Movement to the West Bank, in the Israeli-occupied
Palestinian territories. When Chmiel’s attorney reached out to the FBI,
they did not respond.
Chmiel later wrote that he was motivated to travel to the West Bank by
Palestinians’ calls for volunteers, international organizations’
inability to deal with the occupation, and his own country’s complicity
in Israel’s actions. The International Solidarity Movement, or ISM,
which would be Chmiel’s vehicle, encourages international volunteers to
come to the occupied territories and engage in nonviolent direct action
against the occupation. During the delegation Chmiel was on, Israel
soldiers opened fire on a Palestinian protest and injured one of the St.
Louis activists. An aging Holocaust survivor who was also part of the
delegation was subjected to ahumiliating and invasive
search when departing from Israel.
These deprivations of rights experienced by Americans at the hands of
Israeli authorities, however, were not what interested the FBI. Instead,
the FBI was conducting an international terrorism investigation
into Chmiel and another activist from the delegation (The Intercept
reached out to the second activist, who asked that their name be withheld).
Neither Chmiel nor the general public ever learned of the official
terrorism investigation until now. Its existence was revealed by
hundreds of pages of FBI files about the International Solidarity
obtained by The Intercept through a public records request. The
documents make references to other investigations from FBI field offices
around the country involving ISM or its members, but many of the files
are so heavily redacted that it is impossible to tell what they refer
to. In at least some instances, the FBI appears to be monitoring the
political activity of ISM members or at the very least noting ISM
affiliation of subjects of FBI monitoring.
It is clear, however, that the FBI conducted at least two major
investigations into ISM. In addition to the international terrorism
investigation into the two St. Louis activists, the FBI’s Los Angeles
Field Office initiated a domestic security investigation into ISM as an
“These cases demonstrate the FBI’s unwillingness to distinguish
non-violent civil disobedience protesting government policy from
Nothing in the documents suggests any of these investigations ever
resulted in criminal charges. Instead, the documents reveal sprawling
investigations involving FBI field offices in multiple states and the
national headquarters, as well as local law enforcement. FBI agents
resorted not only to confidential informants and physical surveillance,
but a scandal-prone unit formed in the wake of the September 11
terrorist attacks accessed the phone records of at least one activist.
In both investigations, the FBI relied heavily on biased right-wing
publications making fantastical claims of questionable veracity.
The investigations, the documents show, cast a wide net. Other groups
making nonviolent objections to Israel’s occupation of Palestinian
territories were named as associates of ISM; their board members and
other affiliations were listed in the documents simply owing to glancing
associations with the group under investigation.
Throughout the documents, the political beliefs of ISM members and other
Palestinian solidarity activist were treated as though they were
synonymous with terrorism. The approach is of a piece with the FBI’s
long history <https://rightsanddissent.org/fbi-spying/> of using its
intelligence and national security powers to track domestic dissent.
“These cases demonstrate the FBI’s unwillingness to distinguish
non-violent civil disobedience protesting government policy from
terrorism,” Michael German, a former FBI agent and current fellow at the
Brennan Center for Justice, who reviewed the documents, told The
Intercept. “The first” — the Los Angeles probe — “shows the FBI doesn’t
even follow its own rules in opening Terrorism Enterprise
Investigations. And the second” — in St. Louis — “shows the FBI’s use
of tools designed to target foreign enemies against Americans exercising
their First Amendment rights.”
The documents obtained by The Intercept were released in response to a
Freedom of Information Act request filed in February 2015. The FBI,
however, only began handing over the files in the fall of 2019 after
litigation. While the FBI purports to have processed all documents
exclusively in its possession, it maintains that it located other
records that originated with or mention other government agencies and
declined to release them. (The files also reference a separate earlier
probe, based out of Los Angeles, into four individuals instead of ISM as
an organization. Despite the allusions to this investigation in the
documents the FBI sent in response to The Intercept’s FOIA request, no
documents directly from the investigation were included in the released
For ISM members, the episode is a surreal view into the priorities of
America’s premier law enforcement and domestic intelligence agency. “The
fact that ISM was under this kind of extensive investigation is
ridiculous and a complete waste of taxpayer money,” ISM co-founder
Huwaida Arraf told The Intercept. “ISM has always been open and
transparent about who we are, what we do, and what we stand for, which
is purportedly what this country stands for — freedom and human rights.”
St. Louis Investigation
In March 2004, the FBI’s St. Louis Field Office launched its
international terrorism investigation of two local ISM activists.
Despite spending two years investigating the pair, the FBI ultimately
concluded neither one of them had broken any U.S. laws or posed any
threat to national security. Handwritten notes scrawled in the margins
of both FBI files read “no leads no evidence.” The FBI concluded the two
were merely pro-Palestinian activists.
Why the FBI ever thought the activists were guilty of anything other
than First Amendment-protected activity remains unclear. The stated
reasoning for the investigation is that the pair were members of ISM and
that they traveled to the occupied Palestinian territories with the
group. Yet the files indicate multiple St. Louis activists went on an
ISM delegation to the Palestinian territories; why only the two were
singled out is never explained.
This association with ISM appears to have been enough to warrant the
probe. Local FBI agents had met with an “asset” of “unknown reliability”
who informed them about ISM. Agents followed up by looking up ISM in the
FBI’s automated case system, which was an electronic system used to
maintain files about the FBI’s investigative, intelligence, and
administrative activities. Whatever records they found — agents
described the search as “cursory” — led them to link ISM to Hamas, the
Islamist Palestinian resistance group that is classified as a terrorist
organization by the U.S. But the links rested on thin reeds: The agents
reported that “some persons who claim affiliation with the ISM are
suspected of having loyalties, or sympathizing with Hamas or other more
radical pro-Palestinian groups. ISM claims to be a peaceful movement
that utilizes nonviolent direct action protest tactics to drive Israel
from the Palestinian areas.”
The result of this purported association of some unnamed individuals
within ISM’s orbits with international terrorists — as well as supposed
links to domestic anarchists — the St. Louis Field Office took it upon
themselves to investigate the two activists to “assess any possible
terrorism links,” launching the terrorism investigation.
Despite turning up no real evidence of any wrongdoing, the FBI was able
to pull the phone records of at least one of the two activists.
According to the documents obtained by The Intercept, the FBI’s
Communications Analysis Unit processed Chmiel’s phone records and found
“one telephone number in CAU analysis of Chmiel’s phone was linked to a
highly classified CIA cable.”
The FBI’s Communications Analysis Unit, which was created after the
September 11 attacks to support terrorism investigations by analyzing
phone records, was heavily criticized
during this period by the Office of Inspector General for obtaining
phone records without first getting either a grand jury subpoena or what
is known as a national security letter.
How the Communications Analysis Unit obtained Chmiel’s phone records or
what justification was provided is unknown. In the document that
mentioned links to the CIA cable, the preceding paragraph mentioned a
grand jury subpoena, but redactions make it impossible to know what the
subpoena dealt with. (The second activist’s file also contains a
redacted reference to a grand jury subpoena.) The FBI was never an
intended recipient of the CIA cable and the CIA proved slow to share its
contents with the FBI, the document says.
While the CIA foot-dragging was used to put off closing one activist’s
case even after other had been closed, eventually the agents relented.
“For this reason further delay of this closing communication is not
deemed feasible,” the file
said, referring to internal cable that would officially end the probe.
The case was closed on March 21, 2006.
Illustration: Leonardo Santamaria for The Intercept
Los Angeles Investigation
A mere three months after the St. Louis investigation was opened, the
FBI’s Los Angeles Field office launched its own investigation into ISM.
This time, it was a so-called Terrorist Enterprise Investigation — a
type of probe reserved for groups that seek political or social change
through violence or force — that would last until 2005.
Throughout the documents related to the investigation, the FBI again
conflated political beliefs with terrorism. According to FBI documents
outlining the justification for the probe, ISM members ‘“predisposition
to anti-capitalist and anti-global philosophy” — an apparent reference
to the anti-globalization movement — “coupled with their sympathetic
views on the Palestinian cause gives rise to the concern that ISM
members can be directed, coerced, or through their own volition, be the
purveyors of acts of terrorism.”
As part of their investigation, the Los Angeles Field Office developed
confidential informants, circulated articles from a right-wing website,
and tracked the domestic arrests of ISM members for civil disobedience,
according to the documents. When profiling “key ISM leaders/associates,”
the FBI took care to note the activists’ nationalities and religious
backgrounds, recording that certain individuals were “Palestinian,”
“Palestinian-American,” or “born from a Jewish family.”
Despite the murky justifications for the investigation, information
about the probe made its way around federal and local agencies. Though
the LA Field Office initiated the investigation, officials at FBI
headquarters in Washington, D.C., were both aware of and supportive of
the probe, according to the documents.
In November 2004, an FBI counterterrorism unit scheduled a meeting to
take place at headquarters to “assess the current investigative activity
to date, share intelligence, and to coordinate and formulate strategy
for future investigation of the ISM.” The Washington-based
counterterrorism unit requested the Los Angeles, San Francisco, Dallas,
and Texas field offices all send representatives to the meeting. It’s
not clear from the documents released by the FBI whether the meeting
took place or what came of it. Many details of the meeting are redacted
in the FBI documents, including one entirely redacted entity that agents
are to meet with as part of the investigation.
The FBI sent information about the purpose of the meeting to a legal
attaché — the term of art for FBI offices stationed in embassies abroad.
The FBI has 63 such overseas offices, including a Tel Aviv office that
covers Israel and the Palestinian territories. The location of the legal
attaché on the correspondence about the ISM meeting was redacted on the
grounds that releasing that information “would disclose techniques and
procedures for law enforcement investigations or prosecutions” — though
such information is not removed from publicly released documents as a
matter of course.
In her statement to The Intercept, Arraf, ISM co-founder, noted that ISM
was frequently in touch with diplomatic outposts in the Middle East. “In
the occupied Palestinian territory,” she said, “we were, and continue to
be, in touch with embassies and consulates, including that of the United
The LA investigation into ISM also touched offices beyond those at the
Washington meeting. During the investigation, agents in Chicago;
Springfield, Illinois; Boston; Minneapolis; Atlanta; Richmond, Virginia;
Cleveland; Houston; San Francisco; and elsewhere all followed leads,
gathered evidence, and in at least on case conducted physical
surveillance. In a number of instances, local police aided these efforts.
Four months after the investigation was opened, the FBI files mention
for the first time that the probe centered on claims that ISM members
were “conspiring to violate neutrality laws through direct actions
against the Israeli government for its occupation of Palestine and to
commit other criminal acts within the U.S.”
This invocation of the Neutrality Act in the LA investigation is
illustrative of the law’s controversial history of selective
enforcement. Originally passed in 1794 to prohibit private citizens from
engaging in military expeditions against nations the U.S. is at peace
with, the law remains on the books and has been enforced as recently as
2016. It has, however, not been neutrally applied. Controversially, the
U.S. government refused to apply the law to theBay of Pigs invasion
of Cuba in 1961 or the 1980s Contra war to overthrow Nicaragua’s
Sandinista government. Attempts to strike down neutrality act
convictions based on its blatant selective enforcement, however, have
been rejected by courts.
The FBI’s contorted reliance on this law to justify investigating
nonviolent political action in support of Palestinian human rights is
line with this history of politically convenient selective enforcement.
The Wide Net
The FBI’s LA investigation was also based on a claim that ISM activists
“have shown a loose association with foreign terrorist organizations,
such as Hamas, the Popular Front for the Liberation of Palestine, and
Islamic Jihad activists” — referring to a host of armed Palestinian
groups considered to be terrorists by the U.S and Israel. Associations
with domestic groups were also wrapped in: The case file cites ISM’s
supposed connection to the Ruckus Society, a civil society group that
shares skills about nonviolent direct action, as a justification for the
LA investigation. A document dated December 13, 2004, says the Ruckus
Society itself is “currently the subject of a Terrorist Enterprise
Investigation out of San Francisco.” The FBI documents identify the
Ruckus Society as an “anarchist” group, frequently using the term
interchangeably with domestic terrorism group.
A key source for the FBI’s claim that ISM had loose associations with
foreign terrorist organizations appears to be FrontPage Magazine, a
website run by the far-right David Horowitz Freedom Center that
frequently launches broadsides against pro-Palestinian activists.
to the South Poverty Law Center, FrontPage “has become a platform for
publishing a plethora of far-right and anti-Muslim writers and
commentators.” The December 13, 2004, memo on the investigation cites to
two separate FrontPage articles.
In addition to drawing on loose allegations of associations of ISM with
foreign terrorist organizations to justify the investigation, the FBI
also tracked ISM’s own domestic associations.
“In Dr. King’s time, surveillance was justified in terms of alleged
Communist influence; in recent years, surveillance has been
justified by alleged association with terrorists. In both cases,
U.S. citizens were employing nonviolent action to confront injustice
The Los Angeles Field Office noted a “strong association” between the
American Friends Service Committee, a Quaker activist group, and the
ISM.” Later in the case file, it is noted that ISM often fundraises with
“other Islamic organizations” — though ISM has no religious affiliation.
The case file contains unfounded claims that Al-Awda: The Palestine
Right to Return Coalition; Stop U.S. Tax-funded Aid to Israel Now; and
Palestine Solidarity Movement are alternative names for ISM, as opposed
to separate organizations who work for a similar cause.
One special agent, according to files, also discovered on the internet
that a member of ISM was also a member of the U.S. Campaign to End
Israeli Occupation, a group now known as the U.S. Campaign for
Palestinian Rights. The special agent detailed information that appeared
on the U.S. Campaign’s website about the group’s political views and
listed the names and organizational affiliations of all the campaign’s
board members. The FBI didn’t need to go beyond the U.S. Campaign’s
website to gather this information.
While the investigations could be viewed as harmless, since they
ultimately failed to turn up any evidence of terrorism, but they are in
line with a dark side of the FBI’s history. ISM turned out to be exactly
what it said it was — entirely nonviolent — yet the FBI still justified
its probes through paranoid views of political associations. It wasn’t
just that the federal government was monitoring political speech, the
FBI treated certain forms of speech as evidence of terrorism. Supposed
opinions of ISM members on political economy make them likely to become
terrorists. It is taken for granted that associating with anarchists is
akin to associating with terrorists.
It seems the FBI’s investigation resulted in little more than thousands
of pages of documents that did little other than to make the FBI itself
perhaps the greatest threat, by spying on First Amendment-protected
speech. Today, with the knowledge that he was under investigation,
Chmiel reflected on the the FBI’s history of spying on social justice
activists like Dr. Martin Luther King Jr., and how the targeting of such
activism is ongoing. “In Dr. King’s time, surveillance was justified in
terms of alleged Communist influence; in recent years, surveillance has
been justified by alleged association with terrorists,” Chmiel said. “In
both cases, U.S. citizens were employing nonviolent action to confront
injustice and oppression.”
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