In the case of Eric McDavid, alleged to be ring-leader of eco-terrorist cell, ‘game-changing’ documents seen exclusively by the Guardian show informant may have entrapped him

On the surface, she blended in very well. With a skull tattooed on her shoulder, a black-and-white keffiyeh around her neck, a shock of bright pink hair and her standard-issue dress of camouflage skirt and heavy boots, the energetic 17-year-old looked every bit the radical eco-activist she worked so hard to imitate.

But “Anna”, as she called herself, was no ordinary eco-protester. Really, she wasn’t one at all. She was an FBI informant under instructions to infiltrate fringe green groups and anti-capitalist networks and report back on their activities to the US government.

Now “Anna”, in her role at the center of a high-profile prosecution of alleged eco-terrorists in 2006-7, has been put under the spotlight following the embarrassing admission by the US Department of Justice that it failed to disclose crucial documents to defence attorneys at trial.

On Thursday, Eric McDavid, a radical green activist aged 37, was allowed to walk free after having served nine years of a 19-year federal prison sentence. Prosecutors had alleged that he was the ringleader in a small cell of eco-terrorists connected to the Earth Liberation Front (ELF) conspiring to bomb the Nimbus Dam in California, cellphone towers, science labs and other targets.

Last week’s dramatic scenes in a courtroom in Sacramento, California, have focused attention on the FBI’s use of undercover informants and prompted claims that the agency lured unsuspecting activists into criminal activity through blatant entrapment.

But last November, the US attorney’s office in the eastern district of California admitted that it had “inadvertently” failed to disclose numerous documents that went to the very heart of the case. Crucially, those previously undisclosed files included correspondence between “Anna” and McDavid that suggests that, far from being the neutral intelligence-gatherer portrayed by prosecutors, she might have entrapped her prey by encouraging him to behave conspiratorially in the hope of romantic fulfilment.

‘I think you and I could be great’
Among the files are a letter and 10 emails written by McDavid to the teenaged woman he thought at the time to be his friend, peer and potential sexual partner. The writings have been seen by the Guardian and extracts of them are published here for the first time.

In the letter, McDavid declared his love for “Anna”, though he coyly added that he was not sure whether his feelings for her amounted to “just infatuation, a crush, or whatever box anybody has for this emotion”. Scrawled diagonally across the page in spindly script, his words expressed the trepidation of someone unused to venting openly his emotions. He feared that unless he shared his feelings, they would “eat me from the inside out”.

“I hope that my forwardness w/expressing all this doesn’t scare the shit out of u,” he wrote, “cause I know if I got this letter I’d probably trip out a bit, to say the least …” Having opened his heart, he blurted out with palpable relief: “Fuck that feels soooooo much better.”

At McDavid’s 2006 trial, his defence team presented evidence to the jury that McDavid had fallen in love with the woman who would turn out to be his downfall. What wasn’t known at that time, and what is revealed by the newly disclosed documents, was that “Anna”, in her guise as a fellow radical, clearly reciprocated.

In an email dated 27 June 2005, six months before McDavid’s arrest, “Anna” responded explicitly to his previous amorous advances. She said: “I think you and I could be great, but we have LOTS of little kinks to work out.” She went on to say: “I hope in Indiana we can spend more quality time together, and really chat about life and our things.”

The tone of romantic encouragement in the email had an immediate impact on McDavid. He replied three days later, using the ungrammatical language of texting: “hey cheeka, so far as us B’n great, that i think is an understatement… along w/the ‘LOTS of little kinks 2 wk out’… but if u aint learning, u aint live’n… & I do think we could learn a lot from each other.”

In subsequent emails, McDavid continued to express his feelings for her, sending her “big hugs” and saying “miss you much”. Only one of “Anna’s” replies to McDavid is included among the new batch of documents disclosed after so many years. In it she wrote intimately about her hairstyle: “I took out the braids. : ( They were hurting my head SO BADLY by the last night in philly that I was just getting pissy. I’ll do it again, but I think I want the loose pink hair, like I told you about; and I can DIY that. But pain isn’t worth that much – besides, identity is so fluid… but that’s another convo, hopefully for IN. : )”

The tone is almost flirtatious. McDavid evidently took it to be such, because he replied: “sad & glad 2 hear about the braids, glad 2 hear they Rn’t hurting u’r head anymore, sad 2 c them gone… they were pretty damn cute, & that princess laya thing was 2 hot (inside shiver)”.

McDavid’s treatment: ‘not fair’ or an ‘inadvertent mistake’?
Eric McDavid walks out of the Federal Courthouse in Sacramento after being released from prison
The judge in McDavid’s case expressed astonishment and dismay that game-changing documents had not been shown at 2007 trial, adding McDavid’s treatment was ‘not fair’. Photograph: Jose Luis Villegas/AP
It took McDavid’s defence team and his large band of devoted supporters seven years after he was sentenced to extract from the Justice Department those 11 precious documents. They were finally released on 6 November last year, fully two years after reference was made to their existence in a court declaration by “Anna’s” FBI handler, special agent Nasson Walker. That two-year delay alone belies the assurance made by the US attorney’s office in Sacramento to the New York Times after last week’s hearing that “the documents were produced to the defendant promptly after their discovery.”

At the hearing, federal judge Morrison England expressed astonishment and dismay that such game-changing documents had not been shown to the defence at the 10-day trial over which he had presided in 2007. “I’ve never heard or seen anything like this,” he said, adding that McDavid’s treatment was “not fair”.

The judge demanded to be told how such a flagrant breach of disclosure – under the 14th amendment of the US constitution, the prosecution must turn over potentially exculpatory evidence to the defence – could have occurred: “This is huge. This is something that needs to be dealt with, and I want to know what happened.”

McDavid’s current lawyers, Mark Vermeulen and Ben Rosenfeld, said the documents they battled for years to wrestle from US prosecutors would have transformed the trial had they been available at the time. “If the defence had the evidence it has now – that ‘Anna’ encouraged Eric’s romantic advances, leading him to believe that sexual fulfilment would be conditional on him following her plans – that would have confirmed in the jury’s mind that she entrapped him. He would have been acquitted, it’s as simple as that,” Rosenfeld told the Guardian.

If the defence had the evidence it has now … He would have been acquitted, it’s as simple as that.
Ben Rosenfeld
The Justice Department continues to insist it was all an “inadvertent” mistake. But that narrative does not cut it for McDavid’s legal team and supporters. “They took nine years of Eric’s life away from him and they shouldn’t be able to gloss over that with a press release – there needs to be a detailed explanation,” Rosenfeld said.

Concerns raised by the McDavid case about the use of undercover informants will resonate today given the FBI’s continued reliance upon infiltration as a major plank of its counter-terrorism strategy. Its paid moles, especially those planted within Muslim communities in the wake of 9/11, are regularly accused of crossing the line from observation into entrapment.

Rosenfeld said that McDavid’s story was a warning for today’s justice system: “When people see the TV news and hear of the latest foiled terrorist outrage they think ‘Wow! The FBI is so good at its job.’ But so many of these apparent plots are complete inventions of the government in the first place – they are creating and then solving their own conspiracies.”

‘I wanted to get a conversation going with everyone’
Throughout almost a decade of legal wrangling over the McDavid case, the mysterious “Anna” has been a constant factor. In her only known interview, for a 2008 article in Elle magazine, she posed for photographs in her normal outfit of jeans, T-shirt and suede jacket, her hair by then faded from lurid pink to its natural brown.

She told the magazine that 9/11 had motivated her to engage in counter-intelligence. A year after the attacks, when she was just 15, she contacted the Militarywomen.org website to inquire about enlisting in the army.

At a community college night class in Miami she tried to impress her professor by sneaking into a meeting of anti-free trade protesters for what she called “anthropological observation”. The report she presented to class so struck a police officer who was also taking the course that he passed her details to the Miami police department, which in turn quickly recommended her to the FBI.

Within months, she was going undercover among protesters at the G8 summit of leading economic powers in Atlanta. Over the next two years she was given more than 10 federal assignments, including infiltrating protest groups at the Democratic and Republican National Conventions in Boston and New York respectively, and delving into the world of radical environmental activism.

At the G8 she met an anarchist named Zach Jenson, and through him fellow eco-activists Lauren Weiner and McDavid who she first met in 2004. All three were eventually arrested, though Jenson and Weiner cut a deal with prosecutors in which they gave evidence against their co-defendant in exchange for a lesser sentence.

“Anna” told the jury at McDavid’s trial that she had been scrupulously impartial, sticking closely to legal guidelines for informants that forbade her from playing a leadership position in the group or from pushing anybody to do anything. Yet under cross-examination, she described some of the proactive steps she took to bring the “cell” together.

She bought plane tickets for Weiner to fly her to McDavid’s house for a group meeting. “I wanted to get a conversation going between everyone,” she said.

Later, she drove Weiner and Jenson across the country to meet McDavid, using a ’96 Chevrolet paid for by the FBI and kitted out with recording equipment. When Weiner showed signs of losing enthusiasm for the project, “Anna” sent her an email saying: “There’s no going back … I don’t want to be dilly-dallying around forever, which I know I could do and fall into that trap but I want to avoid you doing that too.”

In email correspondence that is included in the newly disclosed documents seen by the Guardian, “Anna” wrote to Weiner in September 2005, telling her “I’ve made some more contacts in Philly, esp with the animal liberation movement, which I’d like to bring you and the rest of teh (sic) crew more into. I already talked a little bit about it with [McDavid] – we could make a big difference on multiple fronts.”

In a later email, also to Weiner, she said: “I’d love to start helping you and the rest of the Philly kids in whatever your hearts find to do.”

The FBI also paid for a cabin in Dutch Flat, California, heavily rigged with surveillance devices, where “Anna” assembled the group, telling them she had earned the rent money working as a dancer-cum-escort. There she presented the others with a “burn book” containing six recipes for concocting firebombs, though she told the jury the devices were designed by the FBI to be duds.

‘The government owes it to Eric – to tell the truth’
As these final planning meetings for a potential attack on a science lab were taking place, the FBI appeared to grow jittery about an operation that depended entirely on “Anna”. In November 2005, just weeks before the three activists were arrested at the cabin, a formal request was made to subject her to a lie-detector test.

The request form says the purpose of the polygraph would be to “confirm veracity of [“Anna’s”] reporting prior to the expenditure of substantial efforts and money based on source’s reporting.”

The polygraph was disclosed to McDavid’s defence team under freedom of information laws in 2012, five years after the trial. A small, but potentially significant, footnote to the request form reveals that a senior federal prosecutor (AUSA) approved the test, though the identity of the official is redacted on grounds of “personal privacy”.

The emergence of the polygraph test, and of the romantically tinged correspondence, has incensed Mark Reichel who acted as McDavid’s lawyer at trial. He tried to mount an entrapment defence, having been told by his client of “Anna’s” amorous behaviour, but was ultimately stymied by lack of evidence.

Before the trial began Reichel filed a motion to dismiss the case on grounds of an improper romance between informant and defendant. In it, he accused “Anna” of having “encouraged and urged him on, to write love letters and emails to her”. The US government’s response to the motion left no room for doubt: “The defendant’s claim of a romantic relationship between him and the informant is categorically untrue”.

I demanded to see the love letters before the trial, but the government told me they didn’t exist
Mark Reichel
“I demanded to see the love letters before the trial, but the government told me they didn’t exist,” Reichel said. “They wanted the world to see they had captured a member of ELF. He was innocent, they knew that, but they couldn’t let it be seen.”

The revelation of the newly disclosed documents is likely to prompt a flurry of litigation. Jeffrey Weiner, Lauren Weiner’s attorney (and cousin), told the Guardian that he was considering legal action to have her federal conviction lifted.

He said that “Anna” had encouraged a strong and intimate personal relationship with Lauren that was “so intense and continuous she literally took over Lauren’s will. ‘Anna’ chose the most gullible people that she could find and stopped at nothing to persuade them to commit criminal acts. I’m not saying my client did nothing, but her crime was created by the US government.”

For McDavid, too, this story is not at an end. As part of his release deal, he pleaded guilty to a single conspiracy charge with a terrorism enhancement attached, meaning that although he is a free man he will continue to labour under the stigma of a serious federal conviction.

Nor is the full extent of the official deception yet known. In 2010 the Justice Department released 2,500 pages relating to the case under freedom of information rules, but it refused to hand over a further 900 pages. What nuggets of information those pages contain, particularly among “Anna’s” replies to McDavid’s emails – most of which remain hidden – only the US government knows.

McDavid’s current partner, Jenny Esquivel, who has been a leading member of his support group, said she feared the remaining documents would never see the light of day. “The government keeps trying to frame this as a mistake, but they are the only people who knows what happened and they owe it to the American people – and to Eric – to tell the truth.”

She said that in the five days of freedom he has enjoyed, McDavid has revelled in being reunited with his family and spending time with his two nieces, both of whom were born while he was in prison. “The girls were overjoyed when they heard the news that he was coming home. It was almost impossible to pull them away from him while they were here,” she said.

Amid his joy, McDavid hasn’t lost sight, Esquivel said, of those who remain in the clutches of FBI entrapment. “The travesty is that so many people are dealing right now with exactly the same problem. Hundreds are serving decades in prison for crimes that never happened.”

Ed Pilkington in New York
@edpilkington
Tuesday 13 January 2015 20.01 GMT Last modified on Tuesday 13 January 2015 23.50 GMT

Find this story at 13 January 2015

© 2015 Guardian News and Media Limited

Eric McDavid sentenced to nearly 20 years in 2007 for conspiring to bomb one or more targets including electric power stations and cellphone towers
Eric McDavid.

Eric McDavid, who the US government has considered an eco-terrorist since 2007, was released on Thursday night after a judge determined that important documents related to his case had been filed away in an FBI office.

The government handed over thousands of pages of documents – including love notes from from McDavid to an informant – as part of a trial this week in Sacramento, California.

“I’ve never heard or seen of anything like this,” said US district judge Morrison England, the same man who sentenced McDavid in 2007. England ordered McDavid be released and asked to be given information showing how such evidence was hidden.

“I know [McDavid is] not necessarily a choirboy, but he doesn’t deserve to go through this, either,” England told the Sacramento Bee. “It’s not fair.”

McDavid, 37, was three days away from having spent nine years in prison. As part of the agreement, McDavid pleaded guilty to a single conspiracy count and was released with time served.

His lawyers say he was entrapped by an FBI informant – “Anna” – the recipient of the love notes which were hidden away in the FBI office. She was named in the trial and was the subject of a feature in Elle magazine. McDavid’s supporters say she encouraged him to engage in violent acts against the government while suggesting future romantic encounters.

McDavid was arrested in January 2006, and sentenced to nearly 20 years in federal prison in September 2007. He was convicted of conspiring to bomb one or more targets including electric power stations, California’s Nimbus Dam, cell phone towers and the United States Forest Service Institute of Forest Genetics.

A September 2007 release from the FBI said he and two others, in the presence of “a confidential source”, met at his parents’ house, purchased a book with instructions on how to make homemade bombs, and bought the necessary supplies.

McDavid’s lawyers had been searching for more evidence, but did not receive confirmation from the government about the existence of the hidden documents until recently.

It is not yet clear why the documents sat in the Sacramento FBI office as McDavid served his sentence in a prison near Los Angeles.

“We don’t know exactly why they weren’t turned over,” the chief of the US attorney’s criminal division, John Vincent, told the court.

The US attorney’s office in the Eastern District of California acknowledged that the government’s failure to produce the documents is grounds for a retrial, but both sides agreed to the deal without a retrial to avoid further possible litigation on both sides.

“As the United States stated at the hearing, the nondisclosure was inadvertent, and the documents were produced to the defendant promptly after their discovery,” the office said in a statement.

Soon after England reached his decision, McDavid left a federal building in Sacramento and was met by his parents, sister and girlfriend.

“We are thrilled beyond word that Eric is coming home to us after nine years in prison,” Eric’s mother, Eileen McDavid, said in a statement on behalf of the family.

“We never stopped believing he was wrongly accused. Blessing to all those who made his early release possible.”

Amanda Holpuch in Washington
Friday 9 January 2015 15.35 GMT Last modified on Friday 9 January 2015 23.53 GMT

Find this story at 9 January 2015

© 2015 Guardian News and Media Limited

An extraordinary thing happened last month: US prosecutors admitted the government messed up.

Well, technically they admitted that a judge could conceivably decide that the government might have possibly messed up enough to warrant a new trial. But still.

As part of a unusual deal brokered between his defense team and chagrined US attorneys, Eric McDavid, who in 2007 was sentenced to nearly 20 years in prison on domestic terrorism charges, walked free on January 8 after the government told a judge it had “inadvertently” failed to hand over thousands of pages of FBI documents to his defense counsel in his original trial.

McDavid, 37, served three days short of nine years in custody before US District Judge Morrison England agreed to reduce his sentence to a lone count of conspiracy and released him on time served.

“This is one of the most unusual things I’ve had to deal with, if not the most unusual, since I started on the bench in 1996 and on this court since 2002,” England said, according to court transcripts. “I’ve never heard or seen of anything like this.”

As part of his deal, McDavid waived his right to sue the government. He is now a free man, but the conclusion of his case is an embarrassing coda to the Bush-era surveillance of radical environmentalists and anti-capitalists in the years following the 9/11 attacks.

McDavid and two other radical environmentalists, Zach Jenson and Lauren Weiner, were convicted in 2007 of conspiring to blow up a dam, cellphone towers, and a US Forest Service lab after a paid FBI informant—an unassuming 18-year-old known only as “Anna”—infiltrated their group, egged them on, and exposed them.

That would have likely been the end of McDavid’s story, but a Freedom of Information Act (FOIA) request by two of his supporters dredged up nearly 2,500 pages of FBI documents that prosecutors had previously insisted did not exist.

The tranche of files led the US attorneys office in Sacramento to turn over even more documents that it had—according to a letter to McDavid’s lawyers—”inadvertently not disclosed during discovery.” Among the documents were flirty notes between McDavid and Anna, as well as a request from an FBI agent for a polygraph exam on Anna to test the veracity of her statements. All of which McDavid’s attorneys say would have been crucial in bolstering McDavid’s entrapment defense.

“It’s somewhere along the continuum of mistake, malfeasance, and malevolence.”

“[Anna] fomented the alleged conspiracy, literally herding defendants together from around the country for meetings, badgering them to form a plan, and mocking and berating them when they showed disinterest,” McDavid’s lawyers Ben Rosenfeld and Mark Vermeulen wrote in a motion last year.

The Sacramento Bee described England, who presided over McDavid’s original ten-day trial, as “clearly exasperated” and “sometimes stopping to hold his head in his left hand” during last month’s hearing.

“I know he’s not necessarily a choirboy, but he doesn’t deserve to go through this, either,” England said. “It’s not fair.”

Prosecutors and top brass from the US Attorney’s office, none of whom were involved in the original trial, had little to offer for explanation.

“We don’t know exactly why they weren’t turned over,” John Vincent, chief of the US Attorney’s criminal division, told England. According to the US Attorney’s office, the documents were sitting in an FBI file in Sacramento.

In a statement released following the hearing, the US Attorney’s Office of Eastern California said that “although those documents do not directly bear upon whether the defendant committed the underlying acts… the United States agreed that it is conceivable that a court could conclude that the failure to produce them required a retrial.”

This is a master class in ass-covering, impressive even by government standards. Note how it starts by reaffirming McDavid’s guilt, and then avoids admitting any wrongdoing by saying that the government agreed, in its great magnanimity, that others might come to the conclusion that it had seriously screwed the pooch

Some prosecutors were a bit more forthright.

“We absolutely admit that we made a mistake, but there was no deliberate, knowing withholding of any documents,” said First Assistant US Attorney Philip A. Ferrari in January.

But the notion that the FBI and prosecutors simply misplaced thousands of pages of documents from a highly touted anti-terror investigation and then rediscovered them years later is hard to swallow for many who watched McDavid’s case unfold.

“It’s somewhere along the continuum of mistake, malfeasance, and malevolence,” McDavid’s lawyer Rosenfeld said in a phone interview. “The point is that only the government can explain what level of mistake this was, and the public should demand that explanation.”

In an interview, Will Potter, an independent journalist who has written extensively about the government’s surveillance of radical environmental groups, called the government’s claim that it accidentally failed to hand over the documents “complete nonsense.”

“The FBI and prosecutors have been intimately aware of how many boundaries have been pushed and crossed along the way, and they’ve relentlessly defended it,” Potter said. “Jurors came afterward and said they thought they were misled. In recordings, the court heard [Anna] constantly berating McDavid for not taking action. Every step of the way the government pushed and pushed to get the conviction at any cost.”

The Green Scare

McDavid first met Anna in 2004 at an invitation-only anarchist gathering in Des Moines, Iowa. It was a heady time for both radical leftists and federal law enforcement, which had been given broad discretion and nearly unlimited resources to root out terrorism threats. Love was in the air.

McDavid, 26 at the time, was an on-again, off-again college student from Auburn, California, with a muddled interest in anarchism and environmentalism.

Anna was a no-nonsense girl with pink hair, a short camo skirt, and a keffiyeh around her neck. She told McDavid she had hitchhiked to the gathering. In reality, she had flown out on the FBI’s dime.

She had gotten a taste for informant work after infiltrating an anti-globalization protest group for a paper for her community college class. Impressed by her initiative, a police officer in her class put her in touch with the Miami Police Department, which in turn referred her to the FBI. In a flattering 2008 profile in Elle magazine, Anna said she was a patriotic hawk who wanted to do something for her country after 9/11.

She was a godsend for the FBI. Radicals seemed to be able to sniff out professional undercover officers before they even stepped through the door. But Anna was a natural—quick-thinking, reliable, and able to move through activist circles with ease. She didn’t walk like a cop or otherwise exude cop-ness.

McDavid didn’t know it when he first laid his smitten eyes on Anna in Iowa, but he had just been snared in what activists would later dub the “green scare,” an allusion to the anti-communist red scare of the 1950s.

“The only reason they got on the radar was because they had a political viewpoint,” Mark Reichel, McDavid’s lawyer at his original trial, said in an interview. “At the same time, the head of the Justice Department was testifying before Congress, saying, ‘No, we don’t do that. We don’t spy on people because of political reasons.'”

Indeed, here’s former FBI director Robert Mueller speaking at a press conference announcing the 2006 indictment of 11 “eco-terrorists” responsible for an estimated $80 million in property damages: “The FBI becomes involved, as it did in this case, only when volatile talk crosses the line into violence and criminal activity.”

This is a key point in McDavid’s entrapment defense. Contrary to Mueller’s reassurances, McDavid and Jenson’s rhetoric when Anna first met them in ’04 was about as violent as the average Rage Against the Machine album.

Anna caught up with McDavid again in ’05 in Philadelphia, where he was staying with two friends, Jenson and Weiner. Anna reported back to the FBI that McDavid had become thoroughly radicalized since their first meeting.

Anna’s FBI handlers put her on McDavid, Jenson, and Weiner full-time and outfitted her with the finest in spy gear: a bugged ’96 Chevy Lumina that she used to drive the group around. The FBI also provided Anna with a small cabin in the Sierra Nevada foothills that was to act as the quartet’s base of operations. She paid for groceries and even doled out spending money to the group, sometimes in $100 bills. She wasn’t old enough to buy beer yet, but Anna was passing along fake bomb recipes from the FBI to the trio.

Anna’s recordings of late-night bull sessions showed the trio talking about bombing targets like cell phone towers and fish hatcheries. Later in court, the three activists would try to play off the conversations as purely hypothetical, the musings of some stoned anarchists with delusions of grandeur.

“Anarchists usually just talk shit,” Jenson said in a 2012 Outside story on the case, “but they never really do that much.”

In court, the bumbling anarchists became cold, calculating terrorists.

But one day, the group drove to a Kmart in Auburn to pick up ingredients for a bomb test. McDavid was sitting on the back of Anna’s car in the parking lot, waiting for Jenson and Weiner to return, when he heard the automatic locks on the car doors click shut. He looked in. Anna was on her cell phone. Moments later, black SUVs screeched into the parking lot, and he was surrounded by heavily armed agents from the Joint Terrorism Task Force. In an interview with Democracy Now!—his first after being released from prison—McDavid said that that was the moment he realized Anna was a snitch.

McDavid, Jenson, and Weiner were charged with conspiracy based on their recorded conversations, their purchase of a book that included bomb-making instructions, their scouting of potential targets, and their purchase of bomb-making materials at Kmart.

For the government’s prosecution of radical environmentalists, Potter said that the McDavid case “represented a turning point in a couple of ways.

“Around September 11, the actions by the radical environmental movement had really subsided significantly,” Potter said. “There were not a lot of crimes by the Animal Liberation Front or Earth Liberation Front. There were very heavy prosecutions of a few cases, but the climate as a whole, there wasn’t a lot happening. The McDavid case represented a shift. They manufactured terrorism plots, and that’s precisely what McDavid’s case was all about.”

The Trial

In court, the bumbling anarchists became cold, calculating terrorists. US Attorney McGregor Scott claimed the group’s plot to bomb the Nimbus dam, had it not been thwarted by Anna, would have made “what happened in New Orleans after Hurricane Katrina look like a Sunday pancake breakfast.” (A spokesman for the dam later said that blowing up the gates would just cause water to “trickle” down the American and Sacramento rivers.)

Anna testified that she woke up in the cabin one night with McDavid looming above her holding an eight-inch hunting knife. Meanwhile, Jenson and Weiner both flipped and agreed to testify against McDavid in return for lighter sentences. Years later, Jenson would provide McDavid’s lawyer with a sworn declaration saying he was pressured to contort his testimony to agree with the government’s version of events.

“I became very aware that if I did not testify to the facts that the government felt occurred, which I did not believe occurred, that my plea bargain would be taken away and I would be charged with the major federal charge and would very likely receive a 20-year sentence,” Jenson said. “This was a lot of pressure for me to handle.”

The jury also received confusing, sometimes contradictory instructions. They were told entrapment required a government “agent,” and Judge England told the jurors from the bench that Anna was an agent, but then later sent a written note to the jury that she was not one.

The jury was also told, when considering McDavid’s predisposition for violence, to limit the timeframe to June 2005 and onward, not from when Anna first began reporting on him in 2004.

Of the 12 jurors, ten would later go on the record to various publications expressing serious doubts about the government’s case against McDavid. “I hope he gets a new trial,” Diane Bennett, one of the jurors, told Elle in 2008. “I’m not happy with the one he got.”

England sentenced McDavid to 235 months in prison on an enhanced terrorism charge. He spent the first 28 months of his sentence in solitary confinement. Jenson and Weiner served six months and two weeks in prison, respectively. Anna consulted for the FBI for a bit longer before giving up the spy game and trying to move on with her life.

But perhaps more interesting than the vagaries of the case is what never made it to the jury’s ears. During the trial, Reichel filed dozens of motions to suppress, dismiss, and otherwise muck up the government’s case against McDavid. Among those were numerous motions for discovery for the FBI files on McDavid and Anna.

“The hell that we had been through for so long, we knew we had to pursue it, but it was like, ‘God, is this even going to work?'”

“The FBI filed responses in writing saying none of this stuff exists. No cell phone records, no polygraphs, no internal FBI reports, no letters,” Reichel said. “So I did a FOIA and it came back with not much, maybe 20 pages, items of discovery I already had.”

Reichel also filed a motion to dismiss the case based on McDavid’s infatuation with Anna. The prosecution’s response to Reichel’s motion: “The defendant’s claim of a romantic relationship between him and the informant is categorically untrue.”

“I Think You and I Could Be Great”

McDavid lost an appeal before the Ninth Circuit, and the Supreme Court refused to hear his case. He would have languished in prison for the rest of his long sentence had it not been for the dogged work of two of his supporters, Jenny Esquivel and Evan Tucker.

Tucker, now living in Spain, had started a group called Sacramento Prisoner Support in 2004 to help activists who had been targeted by the federal government. In 2008, Esquivel and Tucker filed a FOIA request for McDavid’s FBI file.

“Jenny and I always felt that the government was hiding evidence from the defense,” Tucker said. “How could a person who was investigated by the FBI for one and a half years and then convicted of a federal crime not have an FBI file? So we decided to do our own request. Originally they told us there was nothing, but we kept pushing and finally, one day, several thousand pages of documents showed up in our PO box.”

Tucker says the FOIA sleuthing revealed the FBI was also interested in him.

“They interviewed people about me, sat outside my house, and followed me around,” Tucker said. “They sent informants to our fundraisers and had them report back on me as well. There is a lot I still don’t know about the investigation because they would only give me half my file and even that was heavily redacted.”

With a batch of fresh evidence in hand, McDavid’s lawyers filed a writ for habeas corpus in 2010. The government continued to fight the appeal, but in November 2014 it handed over even more files that should have been given to McDavid’s defense counsel in his original trial. The new documents included mushy notes from McDavid professing his interest in Anna, as well as never-before-seen responses from Anna leading him on.

In a 2005 email six months before McDavid’s arrest, Anna wrote, “I think you and I could be great, but we have LOTS of little kinks to work out. I hope in Indiana we can spend more quality time together, and really chat about life and our things.”

McDavid replied three days later in his idiosyncratic syntax: “hey cheeka, so far as us B’n great, that i think is an understatement… along w/the ‘LOTS of little kinks 2 wk out’… but if u aint learning, u aint live’n… & I do think we could learn a lot from each other.”

It’s fair to say they learned a lot from each other, although Anna and McDavid both clarified that their relationship was never physical. For the most part, it seemed one-sided, with Anna brushing McDavid off and telling him to wait until after their “mission.”

The US Attorney’s Office also handed over a request for a polygraph test on Anna. The request form said the polygraph was to “confirm veracity of [Anna’s] reporting prior to the expenditure of substantial efforts and money based on source’s reporting.”

But the polygraph test never took place. No documents provided by the FBI or the US Attorney’s Office explain why, and the name of the US prosecutor who signed off on the polygraph request was redacted for “privacy” reasons.

I asked Reichel if he was surprised at the contents of the documents, considering the FBI had insisted they didn’t exist. He replied with the typical bravado of a criminal defense attorney who’s been proven right.

“You remember that Johnny Carson bit, Carnac the Magnificent, where he would hold the letter up to his head and predict what was inside?” Reichel said. “I knew exactly what was in those documents.”

But McDavid’s release was far from certain. Even after securing a deal with the US attorneys office, no one was sure how Judge England, who had previously thrown the book at McDavid, would react to such a bizarre request.

“The hell that we had been through for so long, we knew we had to pursue it, but it was like, ‘God is this even going to work?'” Esquivel said in an interview. “It was nine years of struggle and fighting and hoping against hope. A lot of hard work and luck came together.”

There are lingering questions surrounding McDavid’s case. According to Esquivel, the FBI is still withholding 900 pages of documents. And although McDavid cannot sue under the terms of his plea agreement to a single conspiracy charge, a lawyer for Weiner told the Guardian she is considering suing to get her own conviction lifted.

There is also the case of Steve Lapham, the assistant US attorney in McDavid’s case. Lapham fought McDavid’s Habeas appeal tooth and nail.

“The government concedes that a relatively small amount of information pertaining to the case was apparently not disclosed to the defense,” Lapham wrote in response to the appeal. “However, the omitted material was either inculpatory or benign. None of the omitted material was exculpatory.”

It was only after Lapham departed the US Attorney’s Office, according to Tucker, that the government showed any interest in releasing the withheld documents. Lapham is now a judge for the Sacramento County Superior Court.

February 27, 2015
by CJ Ciaramella

Find this story at 27 February 2015

Copyright Vice.com

Elle Anna Informant Green Scare Eco-terrorism McDavid

The May issue of Elle has an article on how the FBI paid a young woman, known as “Anna,” to befriend activists and pressure them into illegal activity. Now, some of those she befriended and entrapped, including environmentalist Eric McDavid, are going to prison as terrorists.

“For two years now, a young woman in camo pants, black sweatshirt, military boots and pink hair, known to both her fellow eco-activists and FBI employers as ‘Anna,’ had been crashing the party.”

Unfortunately Andrea Todd’s article misses the big picture—questioning the relentless push to label non-violent activists as “terrorists,” and the sleazy methods used to do that– for the sake of glamming up an interesting spy story.

She falls head-over-heels for the sexiness of the story—shadowy activists in love out to save the world—and swallows a series of absurdities provided by the FBI. Rather than pick apart every paragraph, I wanted to highlight a few good points buried within the sensationalism:

Eric McDavid, Lauren Weiner and Zachary Jenson are accused of plotting to sabotage a U.S. Forest Service genetics tree lab and the Nimbus Dam. U.S. Attorney McGregor Scott has claimed that damage to the dam would have made “what happened in New Orleans after Hurricane Katrina look like a Sunday pancake breakfast.” Todd reports that Jeff McCracken, a spokesperson for the dam, says the water would just “trickle.” (p. 323)This is an important point when we’re talking about labeling people as “terrorists” who endangered human life. It’s a good example of how the government has consistently twisted the truth in the hopes of chalking up a victory in the “War on Terrorism.”
The FBI supplied Anna with a ’96 Chevy Lumina, and gas money, and food money, to drive Jenson and Weiner across the country and meet McDavid. There, the FBI paid for a cabin. And on top of that, the FBI supplied bomb-making recipes and materials.All that was needed was a little encouragement. And the FBI supplied that, too.
At one point when tensions were very high, McDavid tried to calm Anna and Weiner down, saying “relax and chill out and maybe come back and chitchat later.” Weiner agreed, offering to make pasta. Anna flipped out.

Anna: Tomorrow, what are we planning on doing tomorrow? Are we still planning on doing anything tomorrow? Or should I just stop talking about plans?
McDavid: Hmmm.
Weiner: I would love it if you stopped talking.
Anna: I would love it if you guys followed a plan! How about that! (p. 324)

This is a critical exchange, because Jenson’s attorneys argued that his client was “entrapped.” In other words, the three were not likely going to commit these crimes, and Anna was trying to push them down that path, in the hopes of getting a big gold star from the FBI.

“Under cross-examination by Reichel [Jenson’s attorney], Torres [FBI] admitted he hadn’t read all of the literature on informants; nor could he recall any specifics about the Attorney General’s guidelines regarding political protests.” (p. 324)Anna infiltrated lawful gatherings, like a CrimethInc convergence and G8 protests. Todd says that they were secretive and require a special eco-terrorist invitation. In reality, they’re posted widely on the Internet. The danger of tactics like this, beyond ruining the lives of those entrapped and watering down public faith in the criminal justice system, is that basic First Amendment rights are a casualty as well.
During Jenson’s trial, prosecutors went to great lengths to conceal Anna’s identity, even from the attorneys. Part of the justification was that Anna could be a target for retaliation, retaliation by environmentalists who have yet to harm anyone. If environmentalists are such a threat, why is Anna posing glamour-shot-style in the world’s largest fashion magazine?
Perhaps the most disturbing piece in all of this is the final section of the article, where Todd interviewed one of the jurors, Diane Bennett.“I said the FBI was an embarrassment,” she says, as other jurors scrambled to unload similar opinions. “I hope he gets a new trial. I’m not happy with the one he got.”
Bennett said that the foreman “teared up” when he delivered the guilty verdict. But the judge’s instructions were confusing, she said, and “people were tired… we wanted to go home.”

The piece could have been much worse. As someone posted anonymously on Indymedia in Portland: “Perhaps Andrea Todd deserves a little credit. She was, after all, attempting to write an article about someone who lies for a living.”

In light of that, has Elle issued a retraction? These stickers have mysteriously appeared in copies of the magazine on newsstands around the country.

They read, in part:

Following consultation with federal agencies, we at Elle wish to retract this article. Not because of the stream of factual inaccuracies beginning in the second sentence (there has never been a CrimethInc. convergence in Athens, Georgia), but because in the current political climate it is irresponsible to even pretend to give a fair hearing to radical anti-capitalists. Even if Anna’s story is a cut-and-dried case of entrapment, we have to understand this as a necessary defense of our free market freedoms.

by WILL POTTER on MAY 2, 2008

Find this story at 2 May 2008

Elle article

Copyright greenisthenewred.com

WASHINGTON — Was Tim Franzen stockpiling weapons? What was Tim Franzen’s philosophy? What was his political affiliation? Did Tim Franzen ever talk about violent revolution?

The Federal Bureau of Investigation wanted to know. In late 2011, an agent or agents — Franzen still isn’t quite sure — began trying to find out. It was during this time that Franzen became a well-known and central presence in Occupy Atlanta. He helped start the Occupy Wall Street offshoot, and had been arrested when police razed their encampment in a downtown Atlanta park.

After the first police sweep of the park, Franzen told The Huffington Post that the FBI began interviewing his fellow Occupy Atlanta activists about whether Franzen might have a cache of weapons for a future violent revolution. He said the feds interviewed three different activists at their homes about his activities and beliefs.

“It definitely rattled my cage to have these kids getting knocks on their door,” Franzen said.

Here’s what the feds would have found out in the course of a background check on the activist: Franzen had a criminal record related to teenage drug use and robberies that supported his habit. But he last spent time in prison when he was 19. Franzen, now 35, went on to found a chain of halfway houses to help people make the transition from addiction to recovery. He later became a community organizer with the Quaker social justice organization American Friends Service Committee, a position he continues to hold while working within Occupy Atlanta.

During one interview, an FBI agent gave one of Franzen’s fellow activists a business card, which was handed over to Franzen, who decided to call the agent and have a little fun.

“I have an expert on all things Tim Franzen,” Franzen remembers telling the agent over the phone. “I said, ‘I’m Tim Franzen.’ … He was sort of dumbfounded. He didn’t know what to say.”

Franzen chastised the federal agent for scaring his younger activist friends. “At first he started denying it,” he said. “He tried to write it off as not a big deal, as sort of protocol.”

At the end of December, the FBI released internal documents that revealed a coordinated — if quixotic — surveillance of the Occupy Wall Street movement. Just about every law enforcement agency gets a cameo in the correspondence: Homeland Security, the Joint Terrorism Task Force, the Naval Criminal Investigative Service, an entity known as the Domestic Security Alliance Council — and even the Federal Reserve. But the extremely limited disclosure makes it difficult to assess exactly with whom the government agencies were coordinating, or why. Was the FBI attempting to infiltrate and undermine the Occupy movement, or simply trying to keep tabs on protesters who were hoping to spark political change?

Of the 110 pages released — first obtained by the Partnership for Civil Justice Fund through a Freedom of Information Act request — dozens are heavily redacted. The documents state that 287 additional pages on the FBI’s Occupy activities were “deleted” from the release by the agency for various reasons, including nine labeled “outside the scope” and 14 tagged “duplicate.”

At times, the documents are contradictory and show FBI agents spreading false information. The earliest memo erroneously describes Adbusters, the Canadian magazine that came up with the idea behind Occupy, as a “self-identified American revolutionary anarchist group.” In another, OWS is lumped in with the “Aryan Nations (sic)” and hacker-activists Anonymous as “domestic terrorists.”

In response to a request for comment, FBI spokesperson Christopher Allen replied via email, “The FBI cautions against drawing conclusions from redacted FOIA documents.” He continued, “While the FBI is obligated to thoroughly investigate any serious allegations involving threats of violence, we do not open investigations based solely on 1st Amendment activity. In fact, DOJ and the FBI’s own internal guidelines on domestic operations strictly forbid that.”

If there was a unified mission behind the Occupy surveillance, it appears the purpose was to pass information about activists’ plans to the finance industry. In one memo from August 2011, the FBI discusses informing officials at the New York Stock Exchange about “the planned Anarchist protest titled ‘occupy Wall Street’, scheduled for September 17, 2011.[sic] Numerous incidents have occurred in the past which show attempts by Anarchist groups to disrupt, influence, and or shut down normal business operations of financial districts.”

The documents reveal that the FBI met with officials from four banks and one credit union, and spoke over the phone with a representative from a fifth bank. The FBI also talked with officials from the Richmond Federal Reserve, a branch of the central bank that covers much of the American South. If the FBI communicated with any of the trillion-dollar banks that were the primary subject of Occupy Wall Street’s economic critique, however, those discussions have been redacted from the documents.

Citigroup, for example, is not mentioned anywhere the documents, while Bank of America, Wells Fargo, Goldman Sachs and JPMorgan are each mentioned once in passing. No documents show coordination between the FBI and any of those banks — although it would be conspicuous for the FBI to have communicated with smaller banks that were not a major focus of the Occupy movement while ignoring the much larger institutions that were recipients of the 2008-2009 bailouts.

The few direct communications with banks that are detailed in the documents reveal little evidence of improper behavior. On Oct. 6, 2011, the FBI called Zions Bank to inform the bankers that “Anonymous hactivists” had distributed the personal phone numbers of “the CEOs of Goldman Sachs and JP Morgan Chase” online, implying that Zions executives might also be subject to such treatment per an impending Occupy rally in Salt Lake City, where Zions is headquartered. Zions declined to comment on the call for this article, but the bank — which has about 2 percent of the total assets of JPMorgan — has not been a target of Occupy rhetoric before or since the FBI call.

The only other banks named in the FBI documents are Hancock Bank, Peoples Bank, Bancorp South and Regions Bank — all of which declined to comment for this article. The FBI attended a Nov. 16, 2011, meeting of officials from those banks in Biloxi, Miss., where someone from Hancock Bank warned attendees to expect an Occupy protest on Dec. 7 that could include a “sit-in” or efforts to “lock the bank doors.”

None of the banks mentioned in the FBI file would comment on whether the FBI met regularly with bank officials. Bank robbery is a federal crime, which gives FBI jurisdiction.

All of these banks would have been small-ball for a protest movement that targeted massive income inequality and outrageous executive pay. But if the FBI was issuing warnings to and meeting on security issues with these smaller banks, they were almost certainly having talks with bigger New York banks — meaning the portrait of the FBI’s activities around Occupy, insofar as the internal documents are concerned, is likely incomplete in a significant dimension.

Recent FBI investigations have at times put big banks in a negative light, but have yet to result in major actions against financial institutions. In July 2012, an FBI probe found that Bank of America had allowed a Mexican drug cartel to launder money through the bank. While BofA has yet to face any fines for the episode, the head of the FBI in Charlotte, N.C., BofA’s headquarters, recently left the law enforcement agency for a job at Bank of America.

While the FBI communicated with the financial sector about Occupy, it’s unclear the degree to which they engaged with actual Occupy activists like Franzen.

Kevin Zeese was one of the founding organizers of Occupy Washington, D.C., which set up camp just blocks from FBI headquarters and the Department of Justice. Zeese told HuffPost that infiltration by law enforcement agents or informants was an issue, but whether much of it was just shadowy conspiracy or serious agitating remains a mystery.

In one exchange he had with a Homeland Security officer, Zeese said the agent knew a key detail about a scheduled protest at the Environmental Protection Agency. Zeese joked that the officer knew more than he did about what was going on.

Zeese did remember one FBI agent who would bike over to the camp. Some of the younger activists talked regularly with the agent. “He was open about it,” Zeese said. “He would ride through on a bike with the FBI thing on his back.” The agent ended up spending a weekend at the camp and even donating funds to help pay for security.

Whether law enforcement had a hand in breaking up camps, Zeese said, “I can’t tell.” To which he added, “Down the road, there may be proof.”

Franzen suggests that federal agents conducted more clandestine activities than simple Internet searches and protest monitoring. Occupiers frequently complained that the more outspoken activists within their ranks appeared to be targeted by police for arrest. Franzen said there is a connection between the agent who inquired about him among his friends and his subsequent arrest at a protest. He chronicled the incident on his blog a year ago:

Before the police officers warned the crowd to disperse from the street I had already gotten onto the side walk. One of the police Lieutenants yelled to his officers, ‘Get him’ and pointed at me. The police had to worm their way through the crowd in order to grab me and drag me into the street.
When I was dragged into the street, I asked the lieutenant what he was doing and he said, ‘arresting you.’
‘For what,’ I asked.
‘For being in the street,’ he said.
‘But I was on the sidewalk,’ I replied.
‘You’re not now,’ he said with a smile.

Jason Cherkis
Zach Carter
Posted: 01/05/2013 7:42 am EST Updated: 01/23/2014 6:58 pm EST

Find this story at 23 January 2013

Copyright ©2015 TheHuffingtonPost.com, Inc.

Newly revealed documents show how police partnered with corporations to monitor the Occupy Wall Street movement. DBA Press and the Center for Media and Democracy have obtained thousands of pages of records from counterterrorism and law enforcement agencies that detail how so-called fusions centers monitored the Occupy Wall Street movement over the course of 2011 and 2012. These fusion centers are comprised of employees from municipal, county and federal counterterrorism and homeland security entities, as well as local police departments, the FBI and the Department of Homeland Security.

Click here to see our extensive coverage of the police crackdown of the Occupy movement.

Read full report on government surveillance of Occupy movement by the Center for Media and Democracy / DBA Press.

TRANSCRIPT:

AMY GOODMAN: Matt Rothschild, it’s great to have you with us, editor of The Progressive magazine. And he did this very interesting story, a cover story for June issue of the magazine, “Spying on Occupy Activists: How Cops and Homeland Security Help Wall Street.” Can you compare what you have found—and start off by saying why Phoenix. Why did you focus on Phoenix?

MATTHEW ROTHSCHILD: Well, I focused on Phoenix because the primary researcher for this story, Beau Hodai of DBA Press and the Center for Media and Democracy, had compiled tremendous amounts of information. He had issued Freedom of Information Act requests from the Phoenix Police Department, from the Arizona Counter Terrorism Information Center. And so, he got thousands, literally thousands, of pages of information, primarily about Phoenix and Arizona, but also some national context. But I thought by focusing on this one city, you could really tell, at the most granular level, how police officers and Homeland Security are really going after left-wing activists. And I thought it was important to really focus in narrowly, because I think those narrow details really give a clearer picture of just how hand-in-glove local law enforcement is with the private sector in going after these Occupy protesters.

AMY GOODMAN: How does this compare to the IRS monitoring tea party groups or, you know, sort of specially targeting them for deciding whether they should get nonprofit status?

MATTHEW ROTHSCHILD: Well, I thought it was outrageous what the IRS was doing in that Cincinnati office. But this, to me, is much worse because, whereas the IRS office in Cincinnati, that may have been, you know, a bureaucratic mistake or bungling or lack of supervision, what’s going on with the spying on Occupy activists was a systematic effort by police departments, not just in Phoenix, but around the country, with Homeland Security, to track the Occupy activists—and to coordinate a response, even. One of the documents that Beau Hodai released, from the Center for Media and Democracy and DBA Press, was a file—a report on a teleconference that 13 police departments around the country had as to how to respond to Occupy, what they called “growing concerns” about the burgeoning Occupy movement, and that they needed to coordinate an effective response. And so, you know, when we had that crackdown on Occupy simultaneously over a weekend in many different cities, I wondered at the time whether there wasn’t coordination going on between the police departments to crush the Occupy movement. And this suggests that there was.

NERMEEN SHAIKH: Matt Rothschild, you also speak specifically about the way in which protests against the NDAA, the National Defense Authorization Act, occurred. Could you elaborate on that and why that was a particular focus of law enforcement?

MATTHEW ROTHSCHILD: Yeah, there’s documents, again, that show that police, from the U.S. Capitol Police all the way to the Phoenix Police Department, were monitoring protests of the National Defense Authorization Act. The National Defense Authorization Act allows the president of the United States to grab any single one of us and throw us into jail and deny us due process and access to a judge for as long as the president says so. And so, this is a huge clampdown on our civil liberties, and people should be protesting it. And it’s ironic that people trying to defend their civil liberties are having their civil liberties violated at the same time.

AMY GOODMAN: Matt Rothschild, explain what these fusion centers are and how they work, both with public law enforcement and with private companies.

MATTHEW ROTHSCHILD: Well, this is a real problem I have with fusion centers, Amy. Fusion centers are—in each state, there’s a fusion center. And the fusion center is supposed to represent law enforcement at every level, from, you know, campus police to city police, to sheriffs, to the FBI and state police. But also, within these fusion centers, there are representatives of the private sector. And there’s also an organization called InfraGard in these fusion centers. Now, InfraGard is an association of more than 50,000 business people with the FBI. They’re essentially FBI minders, with these business people in each state. And sometimes these business people get information from the FBI even before elected officials get it. And also, the FBI tells these business members of InfraGard, “Hey, if you ever have a problem with an employee, just let us know.” And so, you know, is this the kind of collaboration we want? That a boss, who doesn’t like what you’re doing on the workplace—maybe you’re forming a union, the boss calls the FBI, and then what? The FBI opens a file on you? We need to be careful of this institution called InfraGard, too, which was part of the Arizona fusion center, by the way.

AMY GOODMAN: Matt, we want to thank you for being with us. Matt Rothschild, editor and publisher of The Progressive magazine, wrote the cover story for the June issue of the magazine, “Spying on Occupy Activists: How Cops and Homeland Security Help Wall Street.” The piece draws heavily on documents obtained by the Center for Media and Democracy and DBA Press. Matt Rothschild is also author of You Have No Rights: Stories of America in an Age of Repression.

WEDNESDAY, MAY 22, 2013

Watch Part One of our interview with Matthew Rothschild of The Progressive

Find this story at 22 May 2013

Creative Commons License The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

Home Stations Past Shows Topics Blog Get Involved Events Español About Contact Donate Mobile Site

Following the terrorist attacks of September 11, 2001, a nationwide “counter terrorism” apparatus emerged. And it has turned on dissenters like the Occupy movement.

The following is the first in a series of articles extracted from a new report by CMD and DBA Press entitled “Dissent or Terror: How the Nation’s Counter Terrorism Apparatus, In Partnership With
 Corporate America, Turned on Occupy Wall Street.”

Following the terrorist attacks of September 11, 2001, a nationwide “counter terrorism” apparatus emerged. Components of this apparatus include the U.S. Department of Homeland Security (U.S. DHS), the Office of the Director of National Intelligence (ODNI), ODNI’s “National Counterterrorism Center” (NCTC), and state/regional “fusion centers.”

“Fusion centers,” by and large, are staffed with personnel working in “counter terrorism”/ “homeland security” units of municipal, county, state, tribal and federal law enforcement/”public safety”/”counter terrorism” agencies. To a large degree, the “counter terrorism” operations of municipal, county, state and tribal agencies engaged in “fusion centers” are financed through a number of U.S. DHS grant programs.

Initially, “fusion centers” were intended to be intelligence sharing partnerships between municipal, county, state, tribal and federal law enforcement/”counter terrorism” agencies, dedicated solely to the dissemination/sharing of “terrorism”-related intelligence. However, shortly following the creation of “fusion centers,” their focus shifted from this exclusive interest in “terrorism,” to one of “all hazards” — an umbrella term used to describe virtually anything (including “terrorism”) that may be deemed a “hazard” to the public, or to certain private sector interests. And, as has been mandated through a series of federal legislative actions and presidential executive orders, “fusion centers” (and the “counter terrorism” entities that they are comprised of) work — in ever closer proximity — with private corporations, with the stated aim of protecting items deemed to be “critical infrastructure/key resources” (CI/KR, typically thought of as items such as power plants, dams or weapons manufacturing plants).

As detailed in a report from DBA Press and the Center for Media and Democracy (DBA/CMD), “Dissent or Terror: How the Nation’s Counter Terrorism Apparatus, in Partnership with Corporate America, Turned on Occupy Wall Street,” through 2011 and 2012, “fusion centers” and other “counter terrorism” agencies engaged in widespread monitoring of Occupy Wall Street activists.

Records obtained by DBA/CMD indicate that, in some instances, these “counter terrorism” agencies worked in partnership with corporate interests to gather and disseminate intelligence relating to the activities of citizens engaged in the Occupy Wall Street movement. Ironically, records indicate that corporate entities engaged in such public-private intelligence sharing partnerships were often the very same corporate entities criticized, and protested against, by the Occupy Wall Street movement as having undue influence in the functions of public government.

This article examines the effects of such public-private intelligence sharing partnerships in Arizona, and how such partnerships benefited corporate interests that were subjects of Occupy Phoenix protest actions through 2011 and 2012.

Arizona Fusion Center Work on Behalf of Banks

In October of 2011, Jamie Dimon, president and CEO of J.P. Morgan Chase, had plans to travel to Phoenix for a “town hall” event with 2,000 of his employees at Chase Field (home of the Arizona Diamondbacks, located in downtown Phoenix). As Dimon is one of the most powerful men on Wall Street and the head of the largest bank in the country — a bank that played a key role in the collapse of the U.S. economy in 2008 — JP Morgan Chase Regional Security Manager Dan Grady contacted Arizona Counter Terrorism Information Center personnel on October 17 (the day before Dimon’s scheduled visit), to ensure a smooth landing for Dimon in Phoenix.

The Arizona Counter Terrorism Information Center (ACTIC), commonly known as the “Arizona Fusion Center,” is comprised of personnel from such entities as the Arizona Department of Public Safety Intelligence Bureau, the Phoenix Police Department Homeland Defense Bureau, the Tempe Police Department Homeland Defense Unit, the Mesa Police Department Intelligence and Counter Terrorism Unit, the Maricopa County Sheriff’s Office, the FBI Phoenix Joint Terrorism Task Force, the Transportation Security Administration, and the U.S. DHS offices of Infrastructure Protection and Intelligence and Analysis.

Records indicate that Grady’s chief point of law enforcement/”counter terrorism” personnel contact in Phoenix — with whom he discussed the particulars of Dimon’s visit and shared a detailed itinerary — was Phoenix Police Department Homeland Defense Bureau (PPDHDB) Detective, and ACTIC Community Liaison Program Coordinator, Jennifer O’Neill. As records indicate, the chief area of discussion between Grady and O’Neill were concerns that citizens engaged in Occupy Phoenix, an Occupy Wall Street-inspired group that had launched only days prior, on October 14 and 15, might try to disrupt the event — or otherwise inconvenience Dimon.

According to records obtained by DBA/CMD, in response to Grady’s concerns, O’Neill stated that she and a PPDHDB “CI/KR security specialist” colleague had engaged in the monitoring of known online “social networking” outlets used by Occupy Phoenix for discussion relating to the Dimon visit. As such O’Neill stated: “we have not seen anything on social networking that leads us to believe protestors are aware of this event.”

By no stretch of the imagination was this monitoring of social media (known in the world of “counter terrorism” agencies as the acquisition of “open source intelligence”) for the benefit of JP Morgan Chase President and CEO Dimon the full extent of such activity conducted by ACTIC personnel. Records indicate that ACTIC personnel consistently gathered “open source,” and other, intelligence relating to Occupy Phoenix protests of corporate entities throughout 2011 and 2012. According to these records, in many instances ACTIC personnel would share this intelligence with personnel employed by corporations who were subject to these protests.

Another example of Occupy Phoenix-related ACTIC CLP work for the benefit of banks would be intelligence gathering and other monitoring conducted in preparation for “Bank Transfer Day,” November 5, 2011 — a day on which Occupy Wall Street groups nationwide, along with other mainstream activist/consumer advocate groups, encouraged citizens to discontinue business with the nation’s leading banks (such as J.P. Morgan Chase banks, Bank of America and Wells Fargo), in favor of credit unions and smaller community-based banks.

Records obtained by DBA/CMD show that, on November 3, Mesa Police Department (Mesa is a Phoenix suburb) Intelligence and Counter Terrorism Unit Detective/ACTIC Terrorism Liaison Officer (TLO) Christopher Adamczyk, issued an OWS-related bulletin to a number of ACTIC TLOs/analysts. While the actual Adamczyk bulletin is absent from records delivered to DBA/CMD by PPDHDB, records indicate that the subject of this Adamczyk bulletin was the impending November 5 “Bank Transfer Day.” It is important to note, however, that available records indicate that the Mesa TLO did not address “Bank Transfer Day” events set to take place in the Phoenix area.

Records show that, after receiving this bulletin, O’Neill contacted PPDHDB/ACTIC “Terrorism Liaison All-Hazards Analyst” Brenda Dowhan and asked if there was any specific information she could pass on to downtown Phoenix banks.

In response to O’Neill’s request, Dowhan indicated that she would try to find “FOUO” (“For Official Use Only”) information that could be released to downtown Phoenix banks. In addition, she offered:

“Occupy Phoenix just updated their [Facebook] page saying that they will be marching to Wells Fargo, B of A [Bank of America], and Chase Tower. They are supposed to do a ‘credit card shredding ceremony’ , but eh haven’t identified which bank they will be doing that at [sic]. We will have to monitor their FB [Facebook].”

As previously stated, O’Neill is the coordinator of the ACTIC Community Liaison Program (CLP). ACTIC CLP was created in 2006, in response to federal mandates calling for greater involvement of private sector corporations in the national “counter terrorism” “information sharing environment” (ISE, as created by the Intelligence Reform and Terrorism Prevention Act of 2004. This piece of federal legislation also created ODNI, NCTC and set the groundwork for the national spread of “fusion centers,” per the implementation of ISE).

ACTIC CLP is intended to facilitate the flow of “counter terrorism” information/intelligence between private sector corporate partners and the Arizona “fusion center.” While the stated purpose of ACTIC CLP is to prevent terrorist activity, to identify terrorist threats, protect CI/KR, and “create an awareness of localized security issues, challenges, and business interdependencies,” records indicate that, during the course of 2011 and 2012, ACTIC CLP was used as an advance warning system to alert member corporations and banks of impending Occupy Phoenix protests.

ACTIC CLP is one of two primary vehicles through which corporate interests partner with ACTIC, the other vehicle being Arizona Infragard. Arizona Infragard is the Arizona chapter of Infragard, a public-private intelligence sharing partnership administered by the FBI and supported (both financially and through the delivery of intelligence) by U.S. DHS.

The Creepy Guy Cometh: Undercover Cop Goes to the Vegan Coffee Shop

Records indicate that these advance warnings concerning the planned actions of Occupy Phoenix, and other instances of intelligence sharing with private sector partners (including meetings between law enforcement/”counter terrorism” personnel and area bankers), were derived from the constant monitoring of Occupy Phoenix — and other activist groups — by Phoenix area law enforcement personnel, most of whom were “terrorism liaison officers” active in the ACTIC TLO Program.

While much of this TLO-gathered information came in the form of “open source intelligence” derived from the monitoring of social media, one source of intelligence that records show greatly benefitted not only ACTIC “counter terrorism” personnel, but also ACTIC’s private sector partners, was an undercover Phoenix Police Department Major Offenders Bureau (PPDMOB) detective who had infiltrated the Phoenix activist community and who had attended some of the earliest Occupy Phoenix planning meetings, as well as subsequent meetings throughout October and November, 2011.

This infiltrating undercover officer presented himself as a homeless Mexican national named “Saul DeLara” (Saul). One example of this undercover officer’s work product is as follows: following a request by Phoenix Police Department Community Relations Bureau (PPDCRB, the departmental entity that served as the public face of PPD interaction with Occupy Phoenix — known, affectionately, by members of the Phoenix activist community as the “Red Squad”) Sgt. Mark Schweikert, PPDMOB Career Criminal Squad Sgt. Tom Van Dorn dispatched Saul to attend an early Occupy Phoenix planning meeting held on October 2, 2011 at a local coffee shop. Following the meeting, Saul delivered a detailed report, dutifully relaying all plans the activists had discussed, to his PPD superiors. And records indicate that Van Dorn recommended at this time that PPD units augment the intelligence stream provided by Saul with constant monitoring of the Occupy Phoenix Facebook page.

But, Saul’s attendance at and reporting on the October 2, 2011 Occupy Phoenix planning meeting was far from the extent of the undercover detective’s involvement in the world of Phoenix activism. For example, records indicate that Saul had embedded himself among Phoenix activists in Occupy Phoenix’s encampment at Cesar Chavez Plaza, in an attempt at providing further intelligence relating to activist “Bank Transfer Day” plans.

As stated in a November 3, 2011 email, PPDMOB Career Criminal Squad Sgt. Van Dorn informed PPDHDB commanding officers that, “Saul will be spending today and tomorrow hanging out in the Plaza and [sic] with the Anarchists to try and gather additional intelligence as we head into the weekend.”

Interestingly, Saul’s first appearance among Phoenix activists is said to significantly predate the birth of Occupy Phoenix (which officially launched over the course of a two day event, held October 14 and 15, 2011) and even the emergence of the national Occupy Wall Street movement (which materialized on September 17, 2011).

According to then-Phoenix activist Ian Fecke-Stoudt (Fecke-Stoudt has since moved out of the Phoenix area), Saul first appeared at Conspire, a now-defunct coffee house and vegan cafe located in downtown Phoenix, in July of 2011.

Poetically enough, Conspire was awarded the title of “Best Hangout for Anarchists, Revolutionaries and Dreamers” by the Phoenix New Times in 2010. The coffee house also served, later in 2011 and early 2012, as a regular meeting place for members of Occupy Phoenix.

According to Fecke-Stoudt, Saul’s appearance roughly coincided with the beginning of activist meetings, held at Conspire, dedicated to the planning of protest events associated with the American Legislative Exchange Council’s (ALEC) States and Nation Policy Summit (SNPS), to be held at the Westin Kierland Resort and Spa in the upscale Phoenix suburb of Scottsdale, from November 28 through December 2, 2011.

ALEC is a 501 (c) (3) non-profit organization that bills itself as the nation’s largest state “legislative membership organization.” As such, ALEC claims roughly 2,000, or approximately one third, of the nation’s state lawmakers as members. The organization couples these legislative members on a variety of “task forces” with representatives from the nation’s leading corporations, lobby and law firms, as well as private ‘think tanks’ and ‘public policy foundations.’ These various “task forces” generate and adopt “model legislation,” which member lawmakers dutifully introduce and work to pass into law in their home assemblies.

Representatives of corporations and private foundations involved in ALEC are known as the organization’s “private sector members.” As is reflected by the organization’s tax filings, these private sector members fund most of ALEC’s activities. As such, ALEC is in reality the nation’s largest public-private legislative partnership, dedicated to advancing the legislative agenda of its corporate underwriters — though ALEC has steadfastly denied that any lobbying activity takes place at their events.

ALEC holds three primary events each year: the Spring Task Force Summit, the Annual Meeting and the States and Nation Policy Summit. Invariably, these events are held at upscale resorts in cites throughout the nation. Travel and boarding expenses for ALEC member lawmakers who attend these meetings are more often than not paid through the ALEC “scholarship fund,” a fund for which ALEC member lawmakers and ALEC member lobbyists raise (tax deductible) donations from other lobbyists/private sector donors.

The organization has come under fire in recent years for its involvement in disseminating various pieces of “model legislation” and policy initiatives — from “voter ID” laws, to laws aimed at crushing unions, as well as firearms-related laws (such as the “Stand Your Ground” law, which gained national attention following the February, 2012 shooting death of Florida teenager Trayvon Martin).

But, before the rise of public furor surrounding such pieces of “model legislation,” ALEC came under criticism for its involvement in disseminating the “No Sanctuary Cities for Illegal Immigrants Act,” a piece of “model legislation” introduced to the ALEC Public Safety and Elections Task Force (ALEC claims it disbanded this task force in April of 2012) by then-Arizona State Senator Russell Pearce during the ALEC December, 2009 SNPS (a month and a half prior to Pearce’s introduction of the same bill, SB 1070, in the Arizona legislature).

The crux of criticism relating to ALEC’s role in adopting and disseminating this piece of “model legislation” was the fact that Corrections Corporation of America (CCA), the nation’s premier operator of for-profit prisons and immigrant detention facilities, was a longstanding member — and corporate underwriter — of the ALEC Public Safety and Elections Task Force at the time of the “model legislation”‘s adoption. Various records obtained by DBA/CMD show that the nation’s second largest private prison/immigrant detention center operator, Geo Group, was also active in ALEC during this time (Arizona lobby records indicate that Geo Group lobbyists were wining and dining lawmakers at the 2009 ALEC SNPS), along with the nation’s third largest private prison/immigration detention center operator, Management and Training Company (MTC, records obtained by DBA Press and the Center for Media and Democracy indicate that MTC was paying into the ALEC Arizona Scholarship Fund as late as August of 2010).

And so, when Phoenix-area activists learned of ALEC’s plans (Fecke-Stoudt estimates that Phoenix activists first learned of these plans in June of 2011) a coalition of activist groups — including prison reform activists, anarchists, immigrants’ rights groups and indigenous rights groups — began planning protest actions at Conspire.

According to Fecke-Stoudt, at some point in early to mid-July, 2011, his roommate — also a Phoenix-area activist — mentioned that “a creepy guy who looked like he was probably a cop” had been hanging around Conspire. According to Fecke-Stoudt, his roommate told him that the “creepy guy” had wandered into Conspire and struck up a conversation with her. The roommate said that, following this initial conversation, the man would appear at Conspire and seek her out — as if they were friends. According to Feck-Stoudt’s recollection of the roommate’s impression, the “creepy guy” had come off as being “overly interested in anarchism.”

It was not long after that Fecke-Stoudt was also approached by the “creepy guy” at Conspire. According to Fecke-Stoudt, the man wore a blue t-shirt and blue jeans, had slicked-back salt-and-pepper hair, appeared to be in his 50s, was very clean-cut and in good physical shape. The “creepy guy” introduced himself to Fecke-Stoudt and other Phoenix activists as “Saul DeLara.” Despite the man’s fit and clean appearance, Fecke-Stoudt said Saul claimed to be homeless — and commented frequently on trouble he had with police through the course of his life on the street. Saul claimed to be a native of Juarez, Mexico, but seldom disclosed any other details of his background or personal life.

It is worth noting that Saul would later offer one other interesting detail of his life. As reported by activists present at a November 9, 2011, ALEC protest planning meeting, Saul claimed to have ties to recent “anarchist” actions in Mexico. This appears to have been an oblique reference to a group calling themselves “Mexican Fire Cells Conspiracy/Informal Anarchist Federation,” which, through a number of anarchists online forums, had claimed responsibility for a fire at Las Torres Shopping Mall in Juarez on November 2.

According to Fecke Stoudt and other activists interviewed by DBA/CMD, Saul consistently expressed a voracious interest in all things related to anarchism. Perhaps the only area of conversation that stimulated Saul’s interest as much as general discussion of anarchism, said Fecke-Stoudt and other activists interviewed by DBA/CMD, was discussion of the pending ALEC SNPS protest.

According to Fecke-Stoudt, Saul commenced to appear at Conspire on nights when the Phoenix Anarchist Coalition (PAC) would hold meetings. It was during one of these occasions that Fecke-Stoudt detected a particularly odd pattern of behavior on Saul’s part.

“There’s a certain thing that people do, when you can tell they’re interested in something, but they’re trying not to talk about it — where, whenever they hear, like, even the slightest mention of that thing, they come running over and they start listening intently, or, like, they’ll just kind of slowly put themselves into the conversation — that’s what he did,” said Fecke-Stoudt.

This behavior on Saul’s part, explained Fecke-Stoudt, would occur whenever mention was made of the planned ALEC protest.

“Once, after a PAC meeting […] he was hanging about and somebody said something about ALEC and, you know, he just kind of suddenly appeared in the conversation,” said Fecke-Stoudt. “I didn’t see it happen at that time, because I was engaged in the conversation, but I’m like, all of a sudden, ‘there’s Saul. Why is Saul in this conversation all of a sudden?'”

It is important to note that, according to both activists’ accounts and records obtained by DBA/CMD, Saul did not only attend anarchist protest planning meetings. Throughout his time as an activist infiltrator, Saul rubbed elbows with members of Occupy Phoenix, immigrants’ rights groups, faith-based organizations, indigenous rights groups, and others.

Records obtained by DBA/CMD show that Saul would report on these ALEC protest planning meetings to Van Dorn, who would then forward the intelligence on to PPDHDB personnel.

For example, on October 26, 2011, Van Dorn sent the following email to PPDHDB Lt. Lawrence “Larry” Hein, PPDHDB Sgt. Pat “Patrick” Kotecki and PPDMOB Lt. John Geroulis:

“Hey Bosses,” wrote Van Dorn. “Saul has stated that the Anarchists have officially posted the ‘resist ALEC’ on their website but they haven’t discussed specifics on how to disrupt the conference [sic]. There are also two websites that might be worth the TLO’s [ACTIC “Terrorism Liaison Officers”] monitoring.”

Van Dorn then went on to provide a link to “azresistsalec.wordpress.com,” and to detail the number of “likes” on the Facebook page associated with that site.

“According to Saul they are supposed to be having ‘resist ALEC’ training this weekend in downtown Phoenix as well,” added Van Dorn. “Kepp you updated [sic].”

Records indicate that PPDHDB Sgt. Kotecki forwarded this intelligence on to PPDHDB Det./ACTIC TLO Rohme with instructions to “monitor and advise.”

Records obtained by DBA Press and the Center for Media and Democracy show that PPDMOB Career Criminal Squad Sgt. Van Dorn and a PPDMOB undercover detective named Saul Ayala attended two meetings (November 18 and 23, 2011), held in the ACTIC “training room.” The subject of both these meetings was planned protests of the ALEC conference.

Interestingly enough, records indicate that PPDHDB Det./ACTIC TLO Michael Rohme had invited Westin Kierland Director of Security Phil Black to attend the November 23 ACTIC meeting. According to records obtained by DBA/CMD, Rohme had been the chief ACTIC point of contact between ALEC personnel in the months leading up to the 2011 SNPS. Such ALEC-related personnel Rohme had shared ACTIC resources/information with included Bayer Healthcare Head of Security Mark Davis. Bayer Healthcare is a longtime ALEC private sector member and had served as co-chair of the ALEC Health and Human Services Task Force for several years, ending in 2011. At the time of the ALEC 2011 SNPS, Bayer Healthcare’s parent corporation, Bayer Corporation, served as “first vice chairman” of the ALEC Private Enterprise Board Executive Committee.

And, speaking to the private sector clout carried by ALEC in the world of “counter terrorism” public-private intelligence sharing partnerships, consider this: Arizona Public Service/Pinnacle West Capital Corporation (APS) served as a “chairman” level sponsor of the 2011 ALEC SNPS. The chairman of the Downtown Phoenix Partnership (DPP, an economic development corporation whose members are clearly active in ACTIC CLP) Board of Directors is APS/Pinnacle West President and CEO Donald Brandt. APS Enterprise Security Operations Director Bob Parrish served as longtime board member of Arizona Infragard at this time as well.

Furthermore, records obtained by DBA/CMD show that, in February of 2012, U.S. Department of Homeland Security Protective Security Advisor Christine Figueroa forwarded open source intelligence (derived from activist Facebook postings and the Occupy Phoenix events calendar) pertaining to planned February 29, 2012 protests of ALEC-member corporations (a nationwide effort launched by Occupy Portland, Oregon) to ACTIC personnel (including O’Neill) and other U.S. DHS personnel.

According to records obtained by DBA/CMD, the information distributed by Figueroa had been gathered by Salt River Project (SRP) Security Manager Jay Spradling. This Spradling advisory reiterated activist plans (as posted on the Occupy Phoenix events calendar) to “march from [Freeport-McMoran Center, worldwide headquarters of Freeport-McMoran Copper and Gold, Inc.] to other ALEC corporations downtown. Send them a message that we won’t stand for the corporate takeover of our democracy any longer,” and to (as stated on the Occupy Phoenix Facebook page) hold a press conference for the purpose of “informing people about what ALEC is and why they are bad!” Records show that this information was then passed on, through PPDCRB Sgt. Schweikert, to Freeport-McMoran Copper and Gold Manager of Corporate Security Thomas Tyo.

At the time of the F-29 protests SRP lobbyist Russell Smoldon served as the ALEC Arizona “private sector chair” (largely responsible for ALEC Arizona “scholarship fund” fundraising) and Freeport-McMoran Copper and Gold served as a “director” level sponsor of the 2011 ALEC SNPS. Freeport-McMoran is also active in ACTIC CLP through its position on the Downtown Phoenix Partnership Board of Directors.

As indicated by records obtained by DBA/CMD, as well as accounts of activists interviewed, Saul’s participation in ALEC protest planning meetings ended on November 9, 2011. The PPDMOB undercover detective attended an ALEC protest planning meeting that evening, after which an immigrants’ rights activist approached Saul and confronted him about his life as a cop.

According to the activist (who spoke to DBA/CMD on condition of anonymity), she had worked as a barista at a Phoenix Starbucks some years prior. During her time as a barista, the woman and her co-workers had become accustomed to the habits of two police officers who would come into the cafe to order drinks every night, while the cafe was closing. Rather than leaving coffee machines on and uncleaned, the cafe workers would set drinks aside for these two officers. One of these officers, said the activist, was the man who currently represented himself as the homeless anarchist wannabe, “Saul DeLara.”

According to this activist, when confronted, Saul denied having ever seen her before and angrily denied being a cop. Nevertheless, word of Saul’s possible relationship with law enforcement spread quickly through the Phoenix activist community and, as indicated by records obtained by DBA/CMD, details of this November 9 meeting were the last to be gathered by Saul and relayed through Van Dorn to PPDHDB/ACTIC personnel.

PPD Public Information Officer Trent Crump declined to confirm whether PPDMOB undercover detective Saul Ayala was in fact the man who presented himself to Phoenix activists as “Saul DeLara,” or to discuss any specifics of PPD undercover officer activity related to Occupy Phoenix or other Phoenix activist groups. However, Crump did state that it is a “regular practice” of PPD to employ “plainclothes or undercover” officers in the gathering of intelligence related to activist activity that may include “civil disobedience.”

When asked what suspicion of criminal activity PPD used to predicate such intelligence gathering conducted by undercover officers, Crump stated:

“I don’t even think that one has to say that we have to anticipate that there’s going to be criminal activity for us to gather intelligence — public safety is one of our job responsibilities. So, when we know they’re going to have, very possibly, some civil unrest, or we know we may have large groups of people organizing to rally under a protest — or whatever you want to call it — we gather intelligence on this, absolutely.”

Brenda the “Terrorism Liaison All-Hazards Analyst” Facebook Queen

According to records obtained by DBA/CMD from the Arizona Department of Homeland Security (AZDOHS, the state agency that essentially acts as a bursar for U.S. DHS Arizona grant awards), PPD was awarded $1,016,897 in U.S. DHS State Homeland Security Grant Program funding in September of 2010 for the PPD “ACTIC Intelligence Analyst Project.” According to these AZDOHS records, these funds were intended to fill positions for both a PPD “ACTIC Intelligence Analyst” and “IT Planner.” Records obtained by DBA/CMD indicate that these project funds have been used, in part, to hire and pay the more than $71,000 compensation (this figure includes salary and benefits) of PPDHDB/ACTIC “Terrorism Liaison All-Hazards Analyst” Brenda Dowhan.

According to records obtained by DBA/CMD, Dowhan’s primary role at ACTIC over the course of 2011 (according to records, Dowhan appears to have been hired in July of 2011) and 2012 appears to have been the monitoring of social media activity associated with individuals involved in Occupy Phoenix — as well as to create bulletins for distribution to both ACTIC “Terrorism Liaison Officers” and other “fusion center” personnel nationwide, detailing trends in the Occupy Wall Street movement.

According to records obtained by DBA/CMD, in order to facilitate Dowhan’s work PPD personnel regularly fed the “Terrorism Liaison All-Hazards Analyst” logs containing the names, addresses, social security numbers, driver’s license/state identification numbers, and physical descriptions of citizens arrested, issued citations — or even given “warnings” by police — in connection with Occupy Phoenix. The vast majority of these citizens who had been arrested, or had other interactions with PPD, were cited/warned for alleged violations of the city’s “urban camping” ordinance.

Records indicate that Dowhan took her job very seriously. Records obtained by DBA/CMD show that when, in December of 2011, two members of Occupy Phoenix posted plans to travel to Flagstaff for Christmas, Dowhan alerted ACTIC Terrorism Liaison Officers in the Flagstaff area to their impending arrival.

And, records show that, in November, 2011, when Dowhan first became concerned that those she surveilled within the Phoenix activist community may eventually detect her presence online, she asked her PPDHDB superiors if they could discuss the possibility of her using a “clean computer,” possibly one with an “anonymizer,” in the future. This appears to have been a reference to a computer utility product, made by Anonymizer, Inc., that allows users to visit websites anonymously.

In fact, Dowhan was so dedicated to her job of monitoring the Facebook posts (and other social media/blogs) of members of Occupy Phoenix that, when, on December 16, 2011, FBI agent Alan McHugh contacted ACTIC/Arizona Joint Terrorism Task Force (JTTF) personnel (including FBI Phoenix JTTF Special Agent Marcus Williams and U.S. DHS Intelligence Analyst Anthony Frangipane) to advise them of a planned December 17 Occupy Phoenix protest to be held outside the Phoenix office of U.S. Senator John McCain (R-AZ) in opposition to the National Defense Authorization Act of 2012 (NDAA 2012), ACTIC “Terrorism Liaison All-Hazards Analyst” Dowhan giddily responded:

“Good Morning Alan [sic] [paragraph break] Tracking the activities of Occupy Phoenix is one of my daily responsibilities. My primary role is to look at the social media, websites, and blogs. I just wanted to put it out there so that if you would like me to share with you or you have something to share, we can collaborate [sic].”

Dowhan went on to state that ACTIC/PPDHDB was also concerned about the NDAA 2012 protest (dubbed by Occupy Phoenix the “No Indefinite Detention Rally”) as well as other Occupy Phoenix events planned for coming days. In closing, Dowhan stated that she would continue to “monitor online activities to get an idea of what kind of participation we can expect.”

This glimpse into the day-to-day working life of those in the “counter terrorism” world is, of course, hilariously ironic, since citizens protesting NDAA 2012 were protesting provisions of the law that would allow for the indefinite detention of U.S. citizens who are even suspected of aiding, committing, or plotting acts of terrorism, “hostilities,” or any other “belligerent acts” against the nation.

However, perhaps a much less humorous side of this reality is illustrated in an October, 2011 advisory sent out to “fusion center”/”counter terrorism” personnel nationwide by Transportation Security Administration (TSA, a component of U.S. DHS) Office of Intelligence Field Intelligence Officer Larry Tortorich. In this advisory, focused on a planned October 6 Occupy New Orleans march, Tortorich opined: “the potential always exists for extremists to exploit or redirect events such as this or use the event to escalate or trigger their own agendas. […] Jihadists recently discussed how they can benefit from the Occupy Wall Street protests that have been ongoing in New York City, and suggested ‘that their continuation will make the enemy lose focus on the wars abroad.'” [It is not known what “Jihadists” Tortorich referenced.]

It is also worth noting that, according to records obtained by DBA/CMD, when President Barack Obama visited the Phoenix area in January of 2012, ACTIC personnel monitored associated NDAA 2012 protests. Furthermore records indicate that the U.S. Capitol Police Office of Intelligence Analysis (working with the U.S. Department of Homeland Security) had monitored Arizona protest activity aimed at NDAA 2012 in February of 2012.

In any event, let’s get back to Dowhan. While records obtained by DBA/CMD do show that Dowhan spent tremendous amounts of time trolling the Facebook pages of citizens engaged in Occupy Phoenix, as well as other Occupy Wall Street and activist groups, during 2011 and 2012, the mere culling of “open source intelligence” was not the extent of Dowhan’s U.S. Department of Homeland Security-funded activities.

Records obtained by DBA/CMD show multiple instances in which Dowhan attempted to identify citizens believed to be active in the Occupy Phoenix/Occupy Wall Street movement (though not believed to have committed any crime — other than an allegation of marijuana use, as discussed below) through the use of biometric data analysis applied to photos found on Facebook.

One example of the use of this facial recognition technology is as follows:

On November 18, 2011, ACTIC received information pertaining to an individual reported to be involved with Occupy Phoenix. This information came in the form of an anonymous tip submitted to ACTIC personnel through the Silent Witness “web tip” program (a service provided to ACTIC personnel by The Silent Witness, Inc., a private non profit corporation).

The anonymous tip stated:

“Met an Occupy nut online, she says she’s from your area […] She appears to be involved with some sort of violent organization. Has expressed intent to ‘take down the local power structure,’ desire to be killed in violent resistance as a martyr: ‘GOOD KILL US. That will really make people mad!'”

The anonymous “tipster” (records identified the source of this information as being “Web Tipster,” and Dowhan subsequently referred to the informant as “the tipster”) then went on to state that the “Occupy nut” “[had] indicated knowledge of specific plans for violent revolt, knowledge of bomb-related activities. When pressed further was reticent, claimed she did not want to give more details on the plans due to ‘outstanding warrants and paranoia’. [sic]”

In closing, the “tipster” wrote:

“Additionally, since I’m aware no crime has technically been committed there (apart for whatever the warrants are for), I’ve got an actual crime for you as well: illegal possession/use of marijuana, I’ve seen her smoking it on camera. I will attempt to get a picture in the future. [Paragraph break] I’m well aware that the threat of violence sounds like someone yanking my chain, and it quite possibly is, but she sounds serious about this and I feel it’s better to falsely report than to not report an actual threat.”

The anonymous “tipster” then went on to identify the “Occupy nut” as being a 20-year-old female known as “Amber.” The tipster stated that the young woman was unemployed and living with her twin sister and father. The tipster also provided ACTIC personnel with a photograph of what appears to be a teen-aged girl wearing eye glasses seated in front of a computer (the photo appears to have been taken by a monitor-mounted camera).

ACTIC PPDHD “Terrorism Liason All-Hazards Analyst” Dowhan immediately followed up on this tip on November 18, 2011, by distributing information contained in the anonymous tip to PPDHDB personnel.

In a December 23 email from Dowhan to PPDHDB Det./ACTIC TLO Christopher “CJ” Wren, PPDHDB Det./ACTIC TLO Rohme and PPDHDB Det. Robert Bolvin, Dowhan stated that she had attempted to identify “Amber” through the use of facial recognition technology, but that the attempt had failed.

“We have a Facebook photo and tried to do facial recognition, but she was wearing glasses,” wrote Dowhan in the December 23 email.

The facial recognition resources that Dowhan utilized in her efforts to identify individuals believed to be associated with Occupy Wall Street groups are provided through the ACTIC Facial Recognition Unit, a unit housed within ACTIC and operated by the Maricopa County Sheriff’s Office (MCSO).

According to records obtained from the Arizona Department of Homeland Security by DBA/CMD, the ACTIC Facial Recognition Unit has the ability to match biometric data contained in photographs — such as those found on Facebook — with biometric data contained in roughly 18 million Arizona Driver’s License photos, 4.7 million Arizona county/municipal jail “booking” photos, 12,000 photos contained in the “Arizona Sex Offender Database,” and 2 million photos available through the Federal Joint Automated Booking System.

The ACTIC Facial Recognition Unit, according to these AZDOHS records, also has the ability to utilize “portable units” during “special events.” And, according to AZDOHS records, MCSO has requested additional U.S. DHS funding in order to purchase additional “facial recognition video capture” technologies.

The ACTIC Facial Recognition Unit currently utilizes technology and services purchased from Hummingbird Defense Systems, Inc. (HDSI, a Nevada corporation allegedly headquartered in Phoenix, but which has had its status as an active corporation revoked in both Nevada and Arizona since at least 2008). HDSI purports to have partnered with Detaq Solutions in 2002 in the development of a biometric surveillance system for the Beijing Public Security Bureau. Part of this system, according to HDSI, was a “centralized biometric database […] that was deployed to help secure Tiananmen Square.” As such, HDSI boasts that this system “was awarded ‘National Technology Treasure’ status by the Ministry of Public Security of China.”

Tiananmen Square was, of course, the site of the massacre of hundreds of peaceful Chinese student protestors by People’s Republic of China armed forces on June 4, 1989. The students, demanding government reform, had occupied the square for weeks prior to the massacre. The site, and the “June 4 Massacre,” have remained significant rallying points to government reform activists in China.

All Actors in Play: the Facebook Queen, the Creepy Guy, Public-Private Partnerships, and Paid Cops

Occupy Phoenix was not a large operation. Despite a relatively large turnout during the group’s inaugural march on October 15, 2011 (which peaked at about 1,000 participants), the Occupy Phoenix encampment in Cesar Chavez Plaza typically saw fewer than 50 “occupiers.” So, given the galvanizing force offered in opposition to ALEC throughout the spectrum of the Phoenix activist community, protests of the 2011 ALEC SNPS were, by far, the most well-attended Occupy Phoenix protest events to take place during 2011 or 2012, aside from the initial October 15, 2011 march.

The largest of these protests was held on the morning of the first full day of the conference, November 30, outside the Westin Kierland’s east gate. Protestors, numbering in the hundreds, marched to the gate as ALEC member lawmakers, lobbyists, corporate executives, and right-wing ‘think tank’ luminaries were ushered into the resort through security check points. Arizona Governor Brewer was to be the keynote speaker at the day’s ALEC luncheon, held in one of the Kierland’s many grand dining rooms.

At about 9:40 a.m., an incident took place between protestors and riot gear-clad PPD “mobile field force” officers who had established a “tactical response unit” (TRU) outside the Kierland’s eastern gate. All told, five protestors were arrested on charges of trespassing and “crossing a police line” during this incident.

Following the arrests, PPD officials told local media that officers had been attacked by wild-eyed “anarchists” brandishing “nail filled sticks” and that these “anarchists” had attempted to overthrow police barricades with metal poles. These attacks, according to PPD officials parroted in media accounts, had “forced” officers to deploy amounts of oleoresin capsicum (“OC”) spray into the crowd and make the five arrests.

Interestingly, this PPD version of events, wherein officers were provoked by violent “anarchists” with “nail filled sticks,” seems to have little semblance to reality.

The following version of events that took place outside the east gate of the Westin Kierland, at approximately 9:40 a.m., November 30, 2011, is based on video evidence that resulted in the dismissal of charges against one of the activists arrested, as well as photographs and police records obtained from PPDHDB/PPD by DBA/CMD:

At approximately 9:40 a.m., several PPD officers (many of whom did not wear any identification, in violation of departmental policy), deployed as part of a TRU, were met by a group of protestors who had marched to the eastern entrance of the resort and stopped approximately 50 feet from a barrier line established by TRU officers. Protestors at the front of the group held a large banner. Behind these protestors were a number of other protestors. Some of these other protestors held signs, and some played marching band music on musical instruments. The crowd of protestors, contrary to PPD accounts, was not composed entirely, or mostly, of “anarchists.” Present at this protest were members of Occupy Phoenix, members of several immigrants’ rights groups, members of indigenous rights groups, members of faith-based groups, concerned citizens, as well as a small group of individuals who described themselves as being “anarchists.”

The protest group having stopped well outside the established police barricade line, four protestors moved to the front of the large banner at the head of the procession and sat passively on the ground — remaining several (approximately 30 to 40) feet from the police barricades.

Shortly after these four protestors had seated themselves, several TRU officers picked up a metal barricade, carried it over to where the protestors sat, and pushed the barricade down on top of them, as if to crush the protestors. At this point, another protestor, Ezra Kaplan, a member of the Occupy Phoenix media group, walked over to where the police were pushing the barricade down on protestors and started taking pictures with his camera. The TRU officers then lifted the metal barricade over the seated protestors and shoved it directly into the banner, pinning the cameraman between the police line and the banner. Protestors then began to shout: “we’re non-violent,” at which point the four seated protestors and Kaplan were grabbed by officers, rushed onto resort property and arrested on charges of “crossing a police line” and trespassing. At this point, TRU officer PPD Violent Crimes Bureau Gang Enforcement Unit Detective Gregory Liebertz, reached into the crowd, grabbed the banner and began spraying protestors with OC spray. This officer was joined by several other officers in pulling, tearing, and eventually stomping the banner. Simultaneously, several other officers also deployed OC spray on the protestors. With the onset of this police aggression, the protestors temporarily disbanded and retreated.

At no point does this video footage show any sign of crazed “anarchists” (or any other protestor) swinging “nail filled sticks” at officers, or of “anarchists” (or other protestors) attempting to overturn police barricades.

In reality, the TRU/”mobile field force” officers had been working under the command of PPD Sgt. Eric Harkins. According to records obtained by DBA/CMD, at the time of this incident Harkins was actually off-duty, earning $35 per hour as a private security guard employed by ALEC, under the direction of Westin Kierland Director of Security Phil Black. Records show that, by the time SNPS ended, Harkins had earned $630 for security services rendered to ALEC and Westin Kierland during November 30 and December 1.

Harkins wasn’t alone in this paid service to ALEC/Westin Kierland. Records indicate that ALEC/Westin Kierland had hired 49 active duty and 9 retired PPD officers to act as private security during the conference. All told, ALEC/Westin Kierland paid out a total of $36,015 in “off-duty” pay to these officers.

[Note: records obtained by DBA/CMD relating to this off-duty job detail clearly state that the “client company” for this event was ALEC. As previously discussed, other records obtained by DBA/CMD show that Westin Kierland Director of Security Black, clearly working for the benefit of ALEC, had coordinated closely with both ALEC personnel and PPDHDB/ACTIC personnel in preparation for this event.]

It is not known how many of these off-duty PPD officers working as private security for the ALEC conference were involved in the TRU/”mobile field force” incident at the Westin Kierland east gate, but it is known that Harkins and another off-duty officer working as private ALEC/Kierland security, Eric Carpenter (paid a total of $630 by ALEC/Kierland for services rendered), personally arrested the Occupy Phoenix photographer, Ezra Kaplan. Furthermore, Officer Carpenter’s report of the incident (actually filed as the joint report of both Harkins and Carpenter) explicitly states that Sgt. Harkins had “advised nearby officers to place [the four seated protestors] under arrest.”

As further stated in the Harkins/Carpenter report, off-duty officers had attended a briefing prior to the protests at which they were told, by PPD Off-Duty Job Coordinator Officer Tim Moore (who was paid $2,065 by ALEC/Kierland for services rendered under the direction of Black during the conference. Moore had also attended several meetings of both ACTIC and ALEC personnel regarding the planned protests, some of which were also apparently attended by PPDMOB Career Criminal Squad Sgt. Van Dorn and PPDMOB undercover detective Saul Ayala) that “no protestors were wanted on resort property and that the resort would want prosecution.” And, indeed, the five protestors arrested at the Kierland’s east gate were prosecuted — based, in part, on demonstrably false claims made by these off-duty police officers.

As for the presence of “mobile field force”/TRU officers at the gates of the Westin Kierland Resort and Spa during the ALEC SNPS, records obtained by DBA/CMD show that Black, citing an “article” he had been given by personnel employed by ALEC, had discussed the possibility of deploying a “mobile field force” to the grounds of the resort during the conference with PPDHDB Det./ACTIC TLO Rohme.

The article cited by Black as grounds for this “mobile field force” presence (“Occupy Wall Street Gets More Violent”) was written by Heritage Foundation Assistant Director of Strategic Communications Mike Brownfield, and had been published in a Heritage Foundation newsletter. Conspicuously absent from records obtained by DBA/CMD relating to the acquisition of a “mobile field force” apropos the Heritage Foundation “article,” is any disclosure on the part of ALEC personnel (or personnel working on behalf of ALEC, including Black) of the fact that Heritage is an ALEC member ‘think tank,’ co-founded by ALEC founder Paul Weyrich, and financed by many of the very same corporate interests that comprise ALEC “private sector” membership.

What’s more, according to records obtained by DBA/CMD, off-duty officers employed as private security for ALEC/Kierland had been given “face sheets,” generated by PPDHDB, containing the photographs (mostly driver’s license photos) of 24 Phoenix and Tucson-area activists listed as “persons of interest to the ALEC conference.” Such activists listed on the ALEC “face sheet” included members of Occupy Phoenix, anarchists, prison reform activists, members of Phoenix Cop Watch (a watchdog group that seeks to police unscrupulous or illegal actions of local law enforcement) and others.

While the exact purpose of the ALEC “face sheet” is unknown, since none of the activists listed on the sheet (with the exception of one activist who had been arrested prior to the ALEC event) were wanted in relation to any alleged crime at the time of the ALEC conference. For his part, PPD Public Information Officer Crump declined to answer any questions relating to the ALEC “face sheet.” Nevertheless, a November 17 email sent from ACTIC/PPDHDB “Terrorism Liaison All-Hazards Analyst” Dowhan to ACTIC/DPS Intelligence Bureau Analyst Annette Roberts may provide some insight to PPDHDB/ACTIC motives [Note: DPS Northern Intelligence District Commander, Captain Steve Harrison, did not respond to requests seeking information pertaining to Roberts’ position within DPS. Records do, however, suggest that Roberts is most likely a DPS Intelligence Bureau analyst]:

“The ACTIC has identified groups that intend ‘Shut ALEC Down.’ While some may merely protest the event, such as Anti-SB1070 and the Occupy Phoenix movement, anarchist groups have shown a determination to disrupt and shut down the event with the use of violent tactics experienced by other states hosting these meetings. The Phoenix Police Department is taking the lead to identify and intercept persons they believe to pose a threat to the event or attendees.”

It should be noted that, regardless of Dowhan’s assertions, previous ALEC conferences were not — by any stretch of the imagination — subject to any “violent tactics” perpetrated by “anarchists” (or any other individuals). Indeed, the sole arrest to have occurred at any ALEC conference protest prior to the Scottsdale ALEC SNPS took place in New Orleans in August of 2011, during the ALEC Annual Meeting held at the Marriott New Orleans French Quarter Hotel. According to New Orleans Police Department records, on August 5 an officer (who was off-duty, working as private security for the ALEC conference) arrested a male subject for allegedly spray painting an “unknown symbol resembling the letter ‘A’ with a circle around it (in red color)” on Marriott property.

Nevertheless, this much, regarding the application of the ALEC “face sheet,” is known: during the ALEC protest on the morning of November 30, 2011, Jason Odhner, a Quaker street medic working with the Phoenix Urban Health Collective, was handcuffed by a police officer, who was likely off-duty and working as private security for ALEC/Kierland, while walking across a slim portion of the the Kierland golf course and detained in the back of a police vehicle for more than an hour (though he was not charged with any crime). At the time of Odhner’s false arrest, he had been seeking treatment for a protestor who was suffering from heat-related symptoms. Not surprisingly, Ohdner’s name and driver’s license photo were present on the ALEC “persons of interest” “face sheet.”

According to both a copy of the ALEC “face sheet” and other records obtained by DBA/CMD, officers equipped with this “face sheet” were instructed — by none other than the sheet’s creator, ACTIC “Terrorism Liaison All-Hazards Analyst” Brenda Dowhan — to destroy all copies of the “face sheet” after the ALEC event. And, as most — if not all — of the activists pictured on the ALEC “face sheet” had either known, been Facebook friends with, or been at ALEC protest planning meetings attended by, the “creepy guy” calling himself “Saul DeLara,” it is clear that intelligence provided to Dowhan in the creation of this “face sheet” likely had its origins, at least in part, with the PPDMOB undercover detective who had infiltrated the Phoenix activist community.

Beau Hodai is a freelance journalist and publisher of DBA Press, an online news publication and source materials archive. He can be reached at publisher@dbapress.com

By Beau Hodai / PR Watch May 22, 2013

Find this story at 22 May 2013

Copyright alternet.org

The Occupy Wall Street protests have been going on for a month. And it seems the FBI and NYPD have had help tracking protesters’ moves thanks to a conservative computer security expert who gained access to one of the group’s internal mailing lists, and then handed over information on the group’s plans to authorities and corporations targeted by protesters.

Right-Wing Rabble-Rouser Leaks Thousands of Occupy Wall Street Emails
Conservatives really have a hard-on for “infiltrating” Occupy Wall Street in an effort to …
Read more
Since the Occupy Wall Street protest began on September 17, New York security consultant Thomas Ryan has been waging a campaign to infiltrate and discredit the movement. Ryan says he’s done contract work for the U.S. Army and he brags on his blog that he leads “a team called Black Cell, a team of the most-highly trained and capable physical, threat and cyber security professionals in the world.” But over the past few weeks, he and his computer security buddies have been spending time covertly attending Occupy Wall Street meetings, monitoring organizers’ social media accounts, and hanging out with protesters in Lower Manhattan.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD
As part of their intelligence-gathering operation, the group gained access to a listserv used by Occupy Wall Street organizers called September17discuss. On September17discuss, organizers hash out tactics and plan events, conduct post-mortems of media appearances, and trade the latest protest gossip. On Friday, Ryan leaked thousands of September17discuss emails to conservative blogger Andrew Breitbart, who is now using them to try to smear Occupy Wall Street as an anarchist conspiracy to disrupt global markets.

What may much more alarming to Occupy Wall Street organizers is that while Ryan was monitoring September17discuss, he was forwarding interesting email threads to contacts at the NYPD and FBI, including special agent Jordan T. Loyd, a member of the FBI’s New York-based cyber security team.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

On September 18th, the day after the protest’s start, Ryan forwarded an email exchange between Occupy Wall Street organizers to Loyd. The email exchange is harmless: Organizers discuss how they need to increase union participation in the protest. “We need more outreach to workers. The best way to do that is by showing solidarity with them,” writes organizer Jackie DiSalvo in the thread. She then lists a group of potential unions to work with.

Another organizer named Conor responds: “+1,000,000 to Jackie’s proposal on working people/union struggles outreach and solidarity. Also, why not invite people to protest Troy Davis’s execution date at Liberty Plaza this Monday?”

Five minutes after Conor sent his email, Ryan forwarded the thread—with no additional comment—to Loyd’s FBI email address. “Thanks!” Loyd responded. He cc’d his colleague named Ilhwan Yum, a fellow cybersecurity expert at the agency, on the reply.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

On September 26th, Ryan forwarded another email thread to Agent Loyd. But this time he clued in the NYPD as well, sending the email to Dennis Dragos, a detective with the NYPD Computer Crimes Squad.

The NYPD might have been very grateful he did so, since it involved a proposed demonstration outside NYPD headquarters at 1 Police Plaza. In the thread, organizers debated whether to crash an upcoming press conference planned by marijuana advocates to celebrate NYPD commissioner Ray Kelly ordering officers to halt arrests over possession of small amounts of marijuana.

“Should we bring some folks from Liberty Plaza to chant “SHAME” for the NYPD’s recent brutalities on Thursday night for the Troy Davis and Saturday for the Occupy Wall Street march?” asked one person in the email thread. (That past Saturday, the video of NYPD officer Anthony Bologna pepper-spraying a protester had gone viral.) Ryan promptly forwarded the email thread to Loyd at the FBI and Dragos at the NYPD.

Anonymous Leaks Personal Details of Cop Who Pepper-Sprayed Wall Street Protesters
Anonymous is on the hunt for the cop featured in a video pepper-spraying Occupy Wall Street…
Read more
Interestingly, it was Ryan who revealed himself as a snitch. We learned of these emails from the archive Ryan leaked yesterday in the hopes of undermining the Occupy Wall Street movement. In assembling the archive of September17discuss emails, it appears he accidentally included some of his own forwarded emails indicating he was ratting out organizers.

“I don’t know, I just put everything I had into one big package,” Ryan said when asked how the emails ended up in the file posted to Andrew Breitbart’s blog. Some security expert.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

But Ryan didn’t just tip off the authorities. He was also giving information to companies as well. When protesters discussed demonstrating in front of morning shows like Today and Good Morning America, Ryan quickly forwarded the thread to Mark Farrell, the chief security officer at Comcast, the parent company of NBC Universal.

Ryan wrote:

Since you are the CSO, I am not sure of your role in NBC since COMCAST owns them.
There is a huge protest in New York call “Occupy Wall Street”. Here is an email of stunts that they will try to pull on the TODAY show.

We have been heavily monitoring Occupy Wall Street, and Anonymous.
“Thanks Tom,” Farrell responded. “I’ll pass this to my counterpart at NBCU.”

Did the FBI and/or NYPD ask him to monitor Occupy Wall Street? Was he just forwarding the emails on out of the goodness of his heart? In a phone interview with us, Ryan denied being an informant. “I do not work with the FBI,” he said.

Ryan said he knows Loyd through their mutual involvement in the Open Web Application Security Project, a non-profit computer security group of which Ryan is a board member. Ryan said he sent the emails to Loyd unsolicited simply because “everyone’s curious” about Occupy Wall Street, and he had a ground-eye view. “Jordan never asked me for anything.”

Was he sending every email he got to the authorities? Ryan said he couldn’t remember how many he’d passed on to the FBI or NYPD, or other third parties. Later he said that he only forwarded the two emails we noticed, detailed above.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

But even if he’d been sending them on regularly, they were probably of limited use to the authorities. Most of the real organizing at Occupy Wall Street happens face-to-face, according to David Graeber, who was one of the earliest organizers. “We did some practical work on [the email list] at first—I think that’s where I first proposed the “we are the 99%” motto—but mainly it’s just an expressive forum,” he wrote in an email. “No one would seriously discuss a plan to do something covert or dangerous on such a list.”

But regardless of how many emails Ryan sent—or whether Loyd ever asked Ryan to spy on Occupy Wall Street—Loyd was almost certainly interested in the emails he received. Loyd has helped hunt down members of the hacktivist collective Anonymous, and he and his colleagues in the FBI’s cyber security squad have been monitoring their involvement in Occupy Wall Street.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

At a New York cyber security conference one day before the protest began, Loyd cited Occupy Wall Street as an example of a “newly emerging threat to U.S. information systems.” (In the lead-up to Occupy Wall Street, Anonymous had issued threats against the New York Stock Exchange.) He told the assembled crowd the FBI has been “monitoring the event on cyberspace and are preparing to meet it with physical security,” according to a New York Institute of Technology press release.

We contacted Loyd to ask about his relationship with Ryan and if any of the information Ryan passed along was of any use to the agency. He declined to answer questions and referred us to the FBI’s press office. We’ll post an update if we hear back from them.

We asked Ryan again this morning about how closely he was working with the authorities. Again, he claimed it was only these two emails, which is unlikely given he forwarded them to the FBI and NYPD without providing any context or explaining where he’d gotten them.

And he detailed his rationale for assisting the NYPD:

My respect for FDNY & NYPD stems from them risking their lives to save mine when my house was on fire in sunset park when I was 8 yrs old. Also, for them risking their lives and saving many family and friends during 9/11.

Don’t you find it Ironic that out of all the NYPD involved with the protest, [protesters] have only targeted the ones with Black Ribbons, given to them for their bravery during 9/11?

I am sorry if we see things differently, I try to look at everything as a whole and in patterns. Everything we do in life and happens in life, there is a pattern behind it.

Adrian Chen
10/15/11 4:47pm

Find this story at 15 October 2011

Copyright gawker.com

OVER THE LAST FEW YEARS, the Department of Homeland Security and local law enforcement officers have engaged in widespread domestic spying on Occupy Wall Street activists, among others, on the shaky premise that these activists pose a terrorist threat. Often, Homeland Security and other law enforcement agencies have coordinated with the private sector, working on behalf of, or in cooperation with, Wall Street firms and other companies the protesters have criticized.

Thousands of public documents recently obtained by DBA Press and the Center for Media and Democracy add new evidence to an increasingly powerful case that law enforcement has been overstepping its bounds. The documents, obtained through state and federal open records searches and Freedom of Information Act requests, demonstrate that law enforcement agencies may be attempting to criminalize thousands of American citizens for simply voicing their disapproval of corporate dominance over our economic and political system.

The anti-terrorist apparatus that the U.S. government established after 9/11 has now been turned against law-abiding citizens exercising their First Amendment rights. This apparatus consists not only of advanced surveillance technologies but also of “fusion centers” in state after state that coordinate the efforts of law enforcement up and down the line and collaborate with leading members of the private sector. Often, the work they do in the name of national security advances the interests of some of the largest corporations in America rather than focusing on protecting the United States from actual threats or attacks, such as the one at the Boston Marathon on April 15.

“The government has built a giant domestic surveillance apparatus in the name of homeland security that has been unleashed on ordinary Americans expressing concern about the undue influence of corporations on our democracy,” says Lisa Graves, the executive director of the Center for Media and Democracy and the former senior legislative strategist on national security for the ACLU. “Millions and millions of our tax dollars are being squandered violating the rights of innocent Americans who dare to dissent about legal policies and who have zero connection to any violent crime intended to cause terror.”

The documents reveal many instances of such misdirected work by law enforcement around the country. The picture they paint of law enforcement in the Phoenix area is a case in point. The police departments there, working with a statewide fusion center and heavily financed by the Department of Homeland Security, devoted tremendous resources to tracking and infiltrating Occupy Phoenix and other activist groups.

In October 2011, Jamie Dimon, the president and CEO of JPMorgan Chase, was coming to town. A giant on Wall Street, Dimon heads the largest bank in the country, which played a pivotal and disreputable role in the collapse of the U.S. economy in 2008. Dimon was holding an event with thousands of his employees at Chase Field, home of the Arizona Diamondbacks, in downtown Phoenix. Four days before the meeting, JPMorgan Chase’s regional security manager, Dan Grady, called detective Jennifer O’Neill of the Homeland Defense Bureau of the Phoenix Police Department and told her of the impending event. The two of them were primarily concerned that activists who had recently formed the group Occupy Phoenix might try to disrupt the event — or otherwise inconvenience Dimon.

O’Neill made it her job to monitor possible “terrorist” activity by Occupy Phoenix connected with Dimon’s visit.

The monitoring of social media for JPMorgan Chase is just a glimpse into the widespread snooping on Occupy activists that Arizona law enforcement engaged in, often on behalf of the private sector.

O’Neill serves as the coordinator of the “Community Liaison Program” of the Arizona Counter Terrorism Information Center, which is the state’s fusion center. That center consists of representatives from the Phoenix, Mesa, and Tempe police departments’ homeland defense units; the Maricopa County Sheriff’s Office; the Arizona Department of Public Safety Intelligence Unit; the FBI Arizona Joint Terrorism Task Force; Arizona Infragard, an FBI-business alliance; and Homeland Security. The fusion center received $30,000 in funding from Homeland Security in 2012 for “advertising” its work, and expanding private sector participation in it.

O’Neill often shares intelligence from this center with the security chiefs at banks and other corporations. The stated purpose of the liaison program is to prevent terrorist activity, to identify terrorist threats, protect critical infrastructure, and “create an awareness of localized security issues, challenges, and business interdependencies.” But records indicate that it was often used as an advance warning system to alert corporations and banks of impending Occupy Phoenix protests.

O’Neill had good intelligence on Occupy Phoenix, since the police department had sent an undercover cop to attend some of the earliest meetings of the group. The impostor presented himself as a homeless Mexican national named Saul DeLara, and he attended the Occupy Phoenix planning meeting held on October 2 at a local coffee shop. He delivered a detailed report on the activists’ plans to Sergeant Tom Van Dorn of the Phoenix Police Department’s Major Offender Bureau Career Criminal Squad. Meanwhile, the Phoenix Police Department was continually monitoring the group’s Facebook page at the urging of Van Dorn.

The Phoenix Police Department held an “Occupy Arizona Event Planning Meeting” in early October 2011, which was attended by two detectives from the department who also worked as Terrorism Liaison Officers for the Arizona Counter Terrorism Information Center. The Phoenix Convention Center’s head of security was also invited to the meeting. The department came up with an “incident action plan” to handle protests, which included “mass arrest” teams and the possible formation of a “mobile field force” or “tactical response unit” empowered to use pepper spray and chemical agents.

Detective Christopher “CJ” Wren, one of the Terrorism Liaison Officers, was designated as the “group supervisor” of the incident action plan. He worked with the Phoenix Fire Department as well as the Phoenix Drug Enforcement Bureau, which assigned thirteen undercover vice unit officers to the Occupy Phoenix events.

The Phoenix Police Department was also working closely with the Downtown Phoenix Partnership. That group “exists to strengthen Downtown Phoenix development and to encourage an environment of activity, energy, and vitality,” says its website. Among its board members are executives from such financial institutions as the Alliance Bank of Arizona, the consulting firm Ernst & Young, the huge mining company Freeport-McMoRan, and Republic Media, which owns the state’s largest newspaper, The Arizona Republic, as well as the Phoenix NBC affiliate.

The Phoenix Police Department called this downtown group a “strategic partner” in preparation for Occupy Phoenix events. The police department briefed downtown banks about planned protests and, according to one document, vowed that it would continue to work with them on this issue.

On October 14, about 300 protesters assembled at Civic Space Park in downtown Phoenix and marched peacefully to Chase Tower, Bank of America, and Wells Fargo Plaza. The police made no arrests that day.

On October 15, some 1,000 protesters gathered in Cesar Chavez Plaza, and several hundred of them marched to a nearby park, where police officers began issuing warnings to protesters to disperse at 11 p.m. The police arrested forty-five protesters for refusing to leave the park, and three more at Cesar Chavez Plaza — one for trespassing and two for “creating an unsafe hazard in the street.”

The Phoenix Police Department spent $245,200.08 in taxpayer funds on the policing of Occupy Phoenix between October 14 and October 16, 2011, according to the documents obtained by DBA Press and the Center for Media and Democracy.

But that wasn’t the end of the surveillance. In an October 17 e-mail, the Phoenix Police Department assistant chief in charge of the Homeland Security Division, Tracy Montgomery, asked another officer to “gather intel” from “folks monitoring social media, and any other intel streams and give an update on our potential for ongoing ‘Occupy’ protests this week” and insisted on figuring out a “plan for monitoring these individuals long term.”

The long-term monitoring meant police were watching Occupy Phoenix members’ Facebook conversations and personal social media use well into 2012.

One member of the Phoenix Police Department seemed to do little else during the fall of 2011 and much of 2012 besides keeping tabs on Occupy Phoenix. Brenda Dowhan is with the department’s Homeland Defense Bureau and serves as a Terrorism Liaison All-Hazards intelligence analyst with the Arizona Counter Terrorism Information Center. Much of her work involved the monitoring of social media sites such as Facebook to track individuals connected to Occupy Phoenix. She distributed the information she gathered to other law enforcement agencies, including the FBI.

“Tracking the activities of Occupy Phoenix is one of my daily responsibilities,” Dowhan wrote in one e-mail to FBI agent Alan McHugh. “My primary role is to look at the social media, websites, and blogs. I just wanted to put it out there so that if you would like me to share with you or you have something to share, we can collaborate.”

During the October 2011 events, she drafted alerts to Downtown Phoenix Partnership Members and advised other business members to contact police if they experienced “problems with demonstrators.”

When a Mesa detective told her that a Mesa city councilmember had said that he had been invited to join a Bank of America protest by members of Occupy Phoenix, Dowhan alerted other officers at the Phoenix Police Department and at the Arizona Counter Terrorism Information Center.

On November 3, 2011, the Mesa Police Department’s Intelligence and Counter Terrorism Unit issued a bulletin on “Bank Transfer Day,” the nationwide effort by the Occupy movement to get people to withdraw funds from the giant banks. O’Neill contacted Dowhan and asked whether there was “anything downtown banks need to know that would be more beneficial.” Dowhan responded: “Occupy Phoenix just updated their page saying that they will be marching to Wells Fargo, B of A [Bank of America], and Chase Tower. They are supposed to hold a ‘credit card shredding ceremony,’ but we haven’t identified which bank they will be doing that at. We will have to monitor their FB [Facebook].”

To facilitate Dowhan’s work, other Phoenix police officers regularly fed her logs containing the names, addresses, Social Security numbers, physical descriptions, driver’s licenses, and home addresses of citizens arrested, issued citations, or even given warnings by police in connection with Occupy Phoenix.

Dowhan also used facial recognition technology to try to identify individuals believed to be involved with the Occupy group. Dowhan grabbed photographs of activists on Facebook and then ran them through their facial recognition system.

Here is one example of the use of facial recognition. On November 18, 2011, the Arizona Counter Terrorism Information Center got an anonymous tip about an “Occupy nut” who was allegedly making vague violent threats. “Since I’m aware no crime has technically been committed,” the tipster wrote, “I’ve got an actual crime for you as well: illegal possession/use of marijuana. I’ve seen her smoking it on camera. I will attempt to get a picture in the future.” The tipster proceeded to get a photograph of the activist at her computer.

Dowhan tried to take it from there. “We have a Facebook photo and tried to do facial recognition, but she was wearing glasses,” wrote Dowhan in a December 23 e-mail.

Dowhan didn’t confine herself to Arizona. She compiled a spreadsheet from data supplied by thirty-one fusion centers from around the country of the emerging Occupy movement in fifty cities and twenty-six states. Whatever the excitement this work might generate for a busybody like Dowhan, a summary of that report noted that “the vast majority of the participants have been peaceful, cooperative, and law abiding.”

One citizen who complained about the Phoenix Police Department’s crackdown on Occupy immediately became a subject of inquiry by the department. On December 14, 2011, a concerned citizen by the name of David Mullin wrote an e-mail to the department.

“Dear Sir or Madam,” the e-mail began. “Please consider leaving the Occupy movement alone. They speak for me and I suspect a large portion of America who are upset with corporate greed and the ability to purchase politicians and their votes. We are going to take America back for its citizens, and it would probably be better for your careers not to get in the way. Thanks, David Mullin.”

Mullin was apparently reacting to a police raid on Occupy Phoenix’s small camp in Cesar Chavez Plaza on December 8, when police arrested six activists on charges of violating the city’s “urban camping” ordinance.

Within minutes of sending his e-mail, Mullin caught the attention of the Phoenix Police Department’s assistant chief in charge of the Homeland Security Division, Tracy Montgomery, who wrote in an e-mail: “Interesting e-mail threatening our careers. Anyone know the name?”

That very evening, the department’s Homeland Defense Bureau commander, Geary Brase, told Lieutenant Lawrence Hein to have someone check out the e-mail. That someone was Dowhan.

At 6:51 the next morning, Dowhan e-mailed a link to Mullin’s Facebook page to Hein. One fellow officer sent Dowhan a note of congratulation: “Great work Brenda!”

As she continued her spy work, Dowhan became concerned that she might be detected online and asked her superiors if they could get her a “clean computer,” possibly one with an “anonymizer.”

Meanwhile, Dowhan’s undercover colleague, Saul DeLara, was having a harder time remaining anonymous.

In July 2011, a Phoenix-area activist, Ian Fecke-Stoudt, mentioned that “a creepy guy who looked like he was probably a cop” had been hanging around Conspire, a coffeehouse in downtown Phoenix. (In 2010, it won the title of “Best Hangout for Anarchists, Revolutionaries, and Dreamers” by the Phoenix New Times but has since gone out of business.)

According to Fecke-Stoudt, the man was clean-cut and middle-aged. He introduced himself as “Saul DeLara.” Despite a fit appearance, he claimed to be homeless — and commented frequently on trouble he had had with police during his life on the street. He said he was a native of Juarez, Mexico, but seldom disclosed any other details of his personal life other than to mention that he had ties to anarchists there.

In an October 3 e-mail, Sergeant Van Dorn of the department’s Major Offender Program wrote that “Saul attended the ‘#OccupyPhoenix’ meeting at Conspire on 10/2.” Van Dorn circulated DeLara’s notes of items from the meeting. One item the activists mentioned was “working with police.” They even discussed making “You are one of us signs.” In a November 3 e-mail, Van Dorn wrote: “Saul will be spending today and tomorrow hanging out in the Plaza and with the Anarchists to try and gather additional information.”

DeLara continued to inform on Phoenix activists until November 9, 2011. In his final month, much of his attention was centered on a pending protest against the American Legislative Exchange Council (ALEC). That protest, which occurred on November 30, took place outside the gates of the Westin Kierland Resort and Spa in Scottsdale, where ALEC was holding its States and Nation Policy Summit.

ALEC claims to have 2,000 state lawmakers as members, who meet with representatives from the nation’s leading corporations and conservative think tanks to come up with “model” legislation. It has sparked criticism in recent years for disseminating voter ID bills and especially “Stand Your Ground” legislation, which created a controversy following the 2012 shooting death of Florida teenager Trayvon Martin.

In Arizona, activists denounced ALEC for promoting the “No More Sanctuary Cities for Illegal Immigrants Act.” The nation’s leading operator of for-profit prisons and immigrant detention facilities — Corrections Corporation of America — was a longstanding member and underwriter of the ALEC Public Safety and Elections Task Force. The second and third largest private prison and detention center operators — the Geo Group and the Management and Training Corporation — also have had ALEC ties.

And so, when law enforcement got wind of the ALEC protest, it sent Saul on a mission.

An e-mail to police higher ups about that meeting stated: “Bosses: Saul attended an organizational meeting for the disrupt ALEC movement last night at [redacted]. The flyers they handed out for upcoming meetings, locations, and planned events can all be found on their website…. Members of the Occupy movement are joining in the effort to protest and disrupt at the ALEC conference as well. Information to follow on their FB [Facebook] page soon…. Because ALEC helped write/sponsor SB1070, the Hispanic community is joining in on the efforts as well…. In addition to the Kierland Resort several other locations are being targeted for disruption and are listed on the above website.”

Members of the Phoenix Police Department met with the head of security for the Westin Kierland at the Arizona fusion center to go over the upcoming ALEC protest. And the Phoenix Police Department came up with a “Face Sheet” about activists involved in the planning for the ALEC protest. Fecke-Stoudt was on it, with his driver’s license photo. So too was Jason Ohdner, a Quaker street medic who was present at the November 9 ALEC protest meeting.

But DeLara’s time as an infiltrator was up. After the meeting, an immigrants’ rights activist approached him and confronted him about his life as a cop. According to the activist, she had worked as a barista at a Phoenix Starbucks years ago that DeLara often patronized. When she confronted him, DeLara denied having ever seen her before and angrily denied being a cop. Nevertheless, word of DeLara’s law enforcement background spread, blowing his cover. While he was at it, though, he rubbed elbows not only with members of Occupy Phoenix and the ALEC protesters but also with faith-based organizations and immigrant and indigenous rights groups.

Here is the response the Phoenix Police Department gave me to questions I asked about DeLara and its tracking of the Occupy movement.

“Occupy presented itself with a great deal of civil unrest over a long period of time,” wrote Sergeant Trent Crump in an e-mail to me. “We monitored available Intel during that time, as it is used for Intel-driven policing. Intel dictated resources and response tactics to address, mitigate, and manage the ongoing activity, which was fluid and changing day to day. This approach ensured that citizens could exercise their rights, but with our efforts of protecting the community and their property at the same time. I will not confirm any information about a possible plainclothes or undercover officer of this department.”

The Arizona fusion center’s and the Phoenix Police Department’s obsession with the Occupy movement and the ALEC protest led them to monitor a visit by civil rights leader Jesse Jackson. He was scheduled to be the keynote speaker at the “We Are One” conference on December 2, 2011. It was sponsored by the Coalition of Black Trade Unionists, the NAACP, the National Council of La Raza, and numerous other labor and civil rights groups.

Phoenix police officers working with the fusion center noted that Jackson got to town early and met with members of Occupy Phoenix on November 30.

“At approximately 2100 hour, Jessie [sic] Jackson and a few staff members arrived at the protest and spoke with demonstrators,” an internal police department e-mail states. “He stayed for a little more than an hour, and a couple of media outlets arrived and filmed the visit.”

The police department’s counter-terrorism officers were concerned that Jackson was also going to join the ALEC protests and participate in an Occupy Phoenix march to the offices of Freeport-McMoRan. (Freeport-McMoRan served as a sponsor for the ALEC State and Nation Policy Summit.)

Jackson did go to those events. When the crowd got to the Freeport-McMoRan building, Jackson said, “We are the people who care about and love this country,” according to the Downtown Devil, a student newspaper of Arizona State University’s Phoenix campus. “March on day after day until there is justice and love and healing in the land.” The march headed to Cesar Chavez Plaza, where Jackson added: “Occupy is a spirit — a spirit of patriotism and democracy. That spirit cannot be jailed or pepper-sprayed.”

The intrusive and ridiculously wasteful anti-terrorism effort in Phoenix is just one snapshot in a huge album of information that DBA Press and the Center for Media and Democracy have uncovered about law enforcement and counterterrorism resources being used to track peaceful protesters. According to the documents, police departments around the country, along with the FBI, were monitoring the Occupy movement.

They also were coordinating their responses. On October 11, 2011, “representatives from thirteen police agencies took part in a telephone conference to address shared concerns” about “the growing protests,” said one e-mail circulating in the Phoenix Police Department. “The conference call ended with the understanding of continued efforts by all agencies involved to work together to come up with effective strategies to address issues that arise from the Occupy Wall Street protests in future days and weeks.”

And the documents reveal that law enforcement, from Homeland Security and the U.S. Capitol Police Office of Intelligence Analysis down to the Phoenix Police Department, monitored activists who opposed the National Defense Authorization Act, which gives the President the right to toss any person into jail and deprive that person of due process.

The documents obtained by DBA Press and the Center for Media and Democracy jibe with other evidence about the role of Homeland Security, the FBI, and local law enforcement in tracking the Occupy movement and other leftwing activism.

An early April release of government documents obtained through the Freedom of Information Act by the Partnership for Civil Justice Fund shows that Homeland Security included in its daily intelligence briefing a report on “Peaceful Activist Demonstrations.” Their documents note that the FBI treated the Occupy movement as a potential terrorist threat. They show Homeland Security surveillance of protests in Asheville, Boston, Chicago, Dallas, Detroit, Fort Lauderdale, Houston, Jacksonville, Jersey City, Lincoln, Miami, Minneapolis, Phoenix, and Salt Lake City.

What emerges is a “disturbing picture of federal law enforcement agencies using their vast power in a systematic effort to surveil and disrupt peaceful demonstrations,” said Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund.

Other bits of the story have come from various news organizations, including WikiLeaks. In February of 2012, it released a Department of Homeland Security document, dated October 2011, that was entitled “Special Coverage: Occupy Wall Street.” The first sentence, in bold, reads: “Mass gatherings associated with public protest movements can have disruptive effects on transportation, commercial, and government services, especially when staged in major metropolitan areas. Large scale demonstrations also carry the potential for violence, presenting a significant challenge for law enforcement.”

It noted “the peaceful nature of the protests,” but warned that “the growing support for the OWS movement has … increased the potential for violence.” The document, first reported on by Rolling Stone, concluded that “heightened and continuous situational awareness” was required.

The surveillance of the Occupy movement is part of an alarming pattern of infringement of Americans’ civil liberties since 9/11. Law enforcement agents from campus police all the way up to the National Guard and the Pentagon have gotten into the act, treating lawful political protest as tantamount to terrorism. The creation of Joint Terrorism Task Forces and fusion centers has spawned the widespread sharing of personal information on perfectly innocent demonstrators. The close relationship between these law enforcement groups and the private sector (as well as the FBI-business association Infragard) has blurred their allegiances.

Fusion centers, in particular, have become founts of faulty information. An October 2012 report by the Senate Committee on Homeland Security and Governmental Affairs concluded that “fusion centers forwarded ‘intelligence’ of uneven quality — oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections, occasionally taken from already published public sources, and more often than not unrelated to terrorism.” In fact, in the thirteen-month period that the committee studied fusion centers, it concluded that it “could identify no reporting which uncovered a terrorist threat.”

Matthew Rothschild is editor of The Progressive. Read the full DBA Press/Center for Media and Democracy report on Sourcewatch: http://ows.sourcewatch.org. And read the full report and view the document archive on DBA Press: http://dbapress.com/dissent-or-terror.

By MATTHEW ROTHSCHILD on May 20, 2013

(Editor’s Note: This article is derived from research and writing conducted by Beau Hodai, published by DBA Press and the Center for Media and Democracy in the report “Dissent or Terror: How the Nation’s Counter Terrorism Apparatus, in Partnership with Corporate America, Turned on Occupy Wall Street.”)

Find this story at 20 May 2013

© 2014 • The Progressive Inc.

Leaked documents show how three large British companies have been paying private security firm to monitor activists

Three large energy companies have been carrying out covert intelligence-gathering operations on environmental activists, the Guardian can reveal.

The energy giant E.ON, Britain’s second-biggest coal producer Scottish Resources Group and Scottish Power, one of the UK’s largest electricity-generators, have been paying for the services of a private security firm that has been secretly monitoring activists.

Leaked documents show how the security firm’s owner, Rebecca Todd, tipped off company executives about environmentalists’ plans after snooping on their emails. She is also shown instructing an agent to attend campaign meetings and coaching him on how to ingratiate himself with activists. The disclosures come as police chiefs, on the defensive over damaging revelations of undercover police officers in the protest movement, privately claim that there are more corporate spies in protest groups than undercover police officers.

Senior police officers complain that spies hired by commercial firms are – unlike their own agents – barely regulated.

Sir Hugh Orde, the president of the Association of Chief Police Officers, which until recently ran the secretive national unit of undercover police officers deployed in protest groups, said in a speech last week that “the deployment by completely uncontrolled and unrestrained players in the private sector” constituted a “massive area of concern”.

Revelations about Mark Kennedy and three other undercover police officers in protest groups caused a furore last month and led to four official inquiries into their activities.

Now a Guardian investigation has shed new light on the surveillance of green campaigners by private security firms whose intrusive operations include posing as activists on mailing lists and infiltrating full-time agents into campaign groups over many years.

Multinational companies, ranging from power producers to arms sellers, hire these firms to try to prevent activists running campaigns against them or breaking into their sites.

The leaked documents lay bare the methods of one firm, Vericola, run by 33-year-old Todd. Based in Canterbury, Vericola, according to Todd, is a “business risk management company” offering a “bespoke” service to clients “regarding potential threats” to their businesses.

Over the past three years, Todd, using different email addresses, has signed up to the mailing lists of a series of environ-mental groups organising major demonstrations such as the G20 rallies in London, demonstrations against E.ON’s Kingsnorth power station and the expansion of Heathrow airport, giving her access to communications and advanced notice of demonstrations.

Last July, she forwarded details about Climate Camp campaigners to two company directors she called “the usual suspects”.

One was Gordon Irving, the security director of Scottish Power since 2001 after spending 30 years in Strathclyde police force. The other was Alan Somerville, then a director of Scottish Resources Group which produces a large amount of Britain’s coal.

Todd highlighted a call from campaigners to submit more objections to coal-producing developments which needed planning permission.

Activists say she regularly attended meetings of an environmental group, known as Rising Tide, for around a year in 2007/08.

The documents also show her advising a colleague on how to fit in with the other activists at meetings held to organise future protests. One tip was that he should not mention he was flying to Germany as “obviously” the environmentalists “hate short-haul flights”.

Todd, who says she is not a corporate spy, told the Guardian that all the information she acquires comes from public sources such as subscribing to emailing lists through the websites of the environmental groups.

Despite emails revealing how she repeatedly tried to find ways for her agents to access protest gatherings, Todd denied her company “infiltrates” meetings of protest groups as they are open to any member of the public.

The environmental activists are angry that, by posing as a supporter, she has gained access to emails and meetings where tactics and strategies are discussed. Eli Wilton, a Climate Camp organiser, said: “It’s frightening that in a meeting about how to stop the fossil fuel industry, the person sitting next to you might be a spy paid for by the energy giants themselves.”

He said Todd and her colleagues “couldn’t have gotten subscribed without attending our meetings. These were internal lists where, for example, we strategised about how to stop new coal-fired power stations being built by E.ON.”

E.ON said it had hired Vericola and another security firm, Global Open, on an “ad hoc” basis as its executives wanted to know when environmentalists were going to demonstrate at or invade its power stations and other premises, as they had done in the past.

The E.ON spokesman said it asked Vericola only for publicly available information and if Todd and her colleagues had obtained private information, they had done so “under their own steam”.

SRG and Scottish Power did not comment.

Rob Evans and Paul Lewis
Monday 14 February 2011 21.00 GMT Last modified on Tuesday 20 May 2014 07.51 BST

Find this story at 14 February 2011

© 2015 Guardian News and Media Limited

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

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.

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, Mississippi “joint terrorism task force” was issuing a “counterterrorism preparedness alert” about the ill-organized grandmas and college sophomores in Occupy there. Also in Jackson, Mississippi, 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.

• This article originally referred to a joint terrorism task force in Jackson, Michigan. This was amended to Jackson, Mississippi at 4pm ET on 2 January 2012

Naomi Wolf
Saturday 29 December 2012 14.58 GMT Last modified on Friday 10 October 2014 12.01 BST

Find this story at 29 December 2012

© 2015 Guardian News and Media Limited

Once-secret documents reveal the FBI monitored Occupy Wall Street from its earliest days and treated the nonviolent movement as a potential terrorist threat. Internal government records show Occupy was treated as a potential threat when organizing first began in August of 2011. Counterterrorism agents were used to track Occupy activities, despite the internal acknowledgment that the movement opposed violent tactics. The monitoring expanded across the country as Occupy grew into a national movement, with FBI agents sharing information with businesses, local police agencies and universities. We’re joined by Mara Verheyden-Hilliard of the Partnership for Civil Justice Fund, which obtained the FBI documents through the Freedom of Information Act. “We can see, decade after decade, with each social justice movement, that the FBI conducts itself in the same role over and over again, which is to act really as the secret police of the establishment against the people,” Verheyden-Hilliard says. [includes rush transcript]

TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.

JUAN GONZÁLEZ: We begin with a look at newly revealed documents that show the FBI monitored the Occupy Wall Street movement from its earliest days last year. Internal government records show Occupy was treated as a potential terrorism threat when organizing first began in August of 2011. Counterterrorism agents were used to track Occupy activities despite the internal acknowledgment that the movement opposed violent tactics. The monitoring expanded across the country as Occupy grew into a national movement, with FBI agents sharing information with businesses, local police agencies and universities. One FBI memo warned that Occupy could prove to be an “outlet” through which activists could exploit “general government dissatisfaction.” Although the documents provide no clear evidence of government infiltration, they do suggest the FBI used information from local law enforcement agencies gathered by someone observing Occupy activists on the ground.

AMY GOODMAN: The heavily redacted FBI records were obtained by the Partnership for Civil Justice Fund through a Freedom of Information Act request. We invited the FBI to join us on the program to discuss the latest revelations, but they declined. Instead, spokesperson Paul Bresson issued a written statement saying, quote, “The FBI cautions against drawing conclusions from redacted FOIA documents.” He also said, quote, “It is law enforcement’s duty to use all lawful tools to protect their communities.”

Well, for more, we’re joined by Mara Verheyden-Hilliard. She’s executive director of the Partnership for Civil Justice Fund, which obtained the documents showing how the FBI monitored Occupy Wall Street, joining us now from Washington, D.C.

Welcome to Democracy Now!, Mara. Tell us what you found. We’ve got time. Tell us what you found in these documents.

MARA VERHEYDEN-HILLIARD: Well, the documents, as you stated, show that the FBI and American intelligence agencies were monitoring and reporting on Occupy Wall Street before the first tent even went up in Zuccotti Park. The documents that we have been able to obtain show the FBI communicating with the New York Stock Exchange in August of 2011 about the upcoming Occupy demonstrations, about plans for the protests. It shows them meeting with or communicating with private businesses. And throughout the materials, there is repeated evidence of the FBI and Department of Homeland Security, American intelligence agencies really working as a private intelligence arm for corporations, for Wall Street, for the banks, for the very entities that people were rising up to protest against.

AMY GOODMAN: Interesting that they came out on Friday before Christmas?

MARA VERHEYDEN-HILLIARD: Well, we certainly thought so. We have been trying to get these documents for more than a year. The Partnership for Civil Justice Fund filed original FOIA demands with federal agencies as well as municipalities and police departments all around the United States, and we did so in the fall of 2011, when there was evidence of a coordinated crackdown on Occupy all around the country. And we wanted to get the documents out to be able to show what the government was doing. And the FBI has stonewalled for a year, and we were finally able to get these documents. They came to us, you know, as you said, the Friday before the holiday weekend. And we wanted to get them out to people right away. We assumed the FBI was expecting that, you know, it would just get buried. And instead, I have to say, it was, you know, great to be able to get these up and have people around the United States be able to see what the FBI is doing.

JUAN GONZÁLEZ: And Mara, what about the issue of actual infiltrators, either paid or sent in by law enforcement or the FBI into the Occupy groups?

MARA VERHEYDEN-HILLIARD: Well, the documents are heavily redacted. There is a lot of material that, on the pages themselves, we cannot see. And the documents also, in terms of the breadth and scope of the production, we believe that there is a lot more that’s being withheld. Even when you go through the text of the documents, you can see that there’s a lot more in terms of meetings and memos that must exist. And we are filing an appeal to demand and fight for more material to be released.

But even in these heavily redacted documents, you can see the FBI using at least private entities as a proxy force for what appears to be infiltration. There is—there are documents that show the Federal Reserve in Richmond was reporting to the FBI, working with the Capitol Police in Virginia, and reporting and giving updates on planning meetings and discussions within the Occupy movement. That would appear, minimally, that they were sending undercovers, if not infiltrators, into those meetings.

There is another document that shows the FBI meeting with private port security officers in Anchorage, Alaska, in advance of the West Coast port actions. And that document has that private port security person saying that they are going to go attend a planning meeting of the demonstrators, and they’re reporting back to the FBI. They coordinate with the FBI. The FBI says that they will put them in touch with someone from the Anchorage Police Department, that that person should take the police department officer with him, as well.

And so these documents also show the intense coordination both with private businesses, with Wall Street, with the banks, and with state police departments and local police departments around the country.

AMY GOODMAN: We’re going to go to break and then go specifically to several of the documents you got under the Freedom of Information Act. We’re talking to Mara Verheyden-Hilliard, who is the executive director of the Partnership for Civil Justice Fund, which got the documents under the Freedom of Information Act, has been trying to get them over the past few years. This is Democracy Now! Back in a minute.

[break]

AMY GOODMAN: We go back right now to Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, which released documents showing how the FBI monitored Occupy Wall Street. I want to turn right now to one of the documents. I’m Amy Goodman, with Juan González. I want to turn to part of a memo dated October 19, 2011, from the FBI’s field office in Jacksonville, Florida. The document is titled, quote, “Domain Program Management Domestic Terrorism.” It shows the FBI was concerned the Occupy movement, quote, “may provide an outlet for a lone offender exploiting the movement for reasons associated with general government dissatisfaction.” In particular, the document cites certain areas of concern in Central Florida where, quote, “some of the highest unemployment rates in Florida continue to exist.” Mara, can you talk about this idea of a lone offender threat?

MARA VERHEYDEN-HILLIARD: I think that that is very much a measure of box checking by the FBI. I don’t believe—and their documents show that they did not believe—that this was a movement that posed a threat of violence. Now, throughout the documents, they’re using their counterterrorism resources and counterterrorism authorities, they are defining the movement as domestic terrorism and potentially criminal in nature. But the fact is, they also throughout the documents say that they know that this is a peaceful movement, that it is organized on a basis of nonviolence. And by that logic, of course, you can investigate everyone in every activity in the United States on the grounds that someone might do something sometime. And, in fact, think about the tea party rallies. The tea party was having rallies all around the United States where their members come carrying weapons—they’re open carrying—including at events where the president of the United States was speaking. But the FBI is turning its attention to this movement.

And when they reference the locations in Florida, I think that’s actually a political analysis, a recognition that this is a movement whose time has come. And whether it’s in hibernation right now, it is based on an organic reality of the economic situation in the United States. And the FBI is referencing the high level of unemployment, the needs that people have, and it’s a recognition, too, of the dynamism and the dynamic nature of the people of the United States, the people all over the world, when they organize and come together. That’s the threat that we believe the FBI and Department of Homeland Security are truly focused on, not a threat of violence.

JUAN GONZÁLEZ: Well, Mara, I’d like to turn to another document from the FBI’s New York field office that shows FBI personnel met with representatives of the New York Stock Exchange on August 19th, 2011, to discuss the Occupy Wall Street protests that were set for the following month. The memo describes the meeting, saying, quote, “Discussed was the planned anarchist protest titled ‘Occupy Wall Street,’ scheduled for September 17, 2011. The protest appears on anarchist websites and social network pages on the internet.” The memo goes on to say, quote, “Numerous incidents have occurred in the past which show attempts by anarchist groups to disrupt, influence, and or shut down normal business operations of financial districts.” Talk about these meetings between law enforcement and the parties targeted by Occupy Wall Street, Mara.

MARA VERHEYDEN-HILLIARD: Well, again, the documents throughout show that they know that the movement is nonviolent. And the FBI routinely uses reference to anarchists and demonizing anarchists or a political ideology as if it’s an—identical with criminal behavior. And so, they often reference anarchists in these materials and other materials that we’ve gotten over the years in our litigation, even where they know there are not acts of violence. And we also know how frequently the police themselves, you know, mask up and infiltrate demonstrate demonstrations, posing themselves as the anarchists that they’re always saying that they’re worried about.

But those documents again show the FBI working with private industry, with the banks. They’re not bringing evidence of real threats of violence. They’re talking about political uprising. And I think we can be sure that if they had evidence of criminal activity, they wouldn’t have redacted it. They would have been happy to produce that. But they don’t have it. And over and over again, you have the FBI, the Department of Homeland Security basically conducting themselves in a form of police statism in the United States against the people of the United States.

JUAN GONZÁLEZ: And what about the historical precedent here, the history of the FBI’s involvement in monitoring, surveilling and sometimes disrupting peaceful, dissident activity in the United States?

MARA VERHEYDEN-HILLIARD: Well, exactly. This is just part and parcel of the long history of the FBI. And this is not the first incident, it is not going to be the last, and it’s not the worst, to be honest. We all know that. It’s not—you know, the FBI has a long history — ’50s, ’60s, ’70s — of mass surveillance, of targeting of people based on political ideology, of efforts to disrupt the movements for social justice, for efforts to shut down black liberation movement, the antiwar movement. And in the ’70s, of course, there were these great revelations about the abuses of the FBI, of the CIA, of other security agencies. And there were the Church Committee hearings. There were supposedly protections put in place. But we can see, you know, decade after decade, with each social justice movement, that the FBI conducts itself in the same role over and over again, which is to act really as the secret police of the establishment against the people.

AMY GOODMAN: Mara, a document from October 2011 indicates law enforcement from the Federal Reserve in Richmond, Virginia, was giving the FBI information about Occupy Wall Street. It says the Federal Reserve source contacted the FBI to, quote, “pass on information regarding the movement known as occupy Wall Street.” Interestingly, the memo also notes that Occupy Wall Street, quote, “has been known to be peaceful but demonstrations across the United States show that other groups have joined in such as Day Of Rage and the October 2011 Movement,” it says. The memo describes repeated communications to, quote, “pass on updates of the events and decisions made during the small rallies.” Can you talk about the significance of this document, Mara?

MARA VERHEYDEN-HILLIARD: That document is one of the ones that would indicate the FBI was minimally using private entities or local police departments as proxy forces for infiltration, for undercover operations, to monitor, surveil, collect information. And that document, too, and the series of documents also showed the breadth of the reporting. So you have individuals on the ground with the Federal Reserve Bank, with the state police agencies, apparently monitoring and collecting information on the planning discussions of protests in Richmond, reporting them into the FBI and also reporting them into state fusion centers and to other intelligence and domestic terrorism data centers.

Now, the data warehousing in the United States, the mass collection of data on the people of the United States, is of great concern. And you can see, through these documents, the FBI is collecting a lot of information on completely lawful activities, on the activities of people who are not alleged to have committed criminal acts, are not planning criminal acts, who actually are engaged in cherished, First Amendment-protected activities. And yet, it’s being collected under the imprimatur of domestic terrorism or criminal activity and being entered into these mass databases, which have a huge level of dissemination and access and which are virtually unregulated.

AMY GOODMAN: We want to thank you very much, Mara Verheyden-Hilliard, for joining us, executive director of the Partnership for Civil Justice Fund, which released the documents showing how the FBI monitored Occupy Wall Street. This is Democracy Now!, democracynow.org, The War and Peace Report.

THURSDAY, DECEMBER 27, 2012

Find this story at 27 December 2012

Creative Commons License The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.

Home Stations Past Shows Topics Blog Get Involved Events Español About Contact Donate Mobile Site

It turns out that all you crazy, post-hippy Occupy Wall Streeters were right: the government does not have your best interest at hearts. In fact, the FBI just released a heavily redacted memo that details some of the ways that it used its anti-terrorism surveillance power to keep last year’s OWS campaign heavily guarded.

Released by the Partnership for Civil Justice after it pursued the documents under the Freedom of Information Act, the items included will just serve to (depending on your worldview) reinforce your paranoia American security bureaus having the carte blanche to become Big Brother, or terrify you into validating the belief that those kids with the drums and the dreadlocks were planning another 9/11.

-As early as August 19, 2011, the FBI in New York was meeting with the New York Stock Exchange to discuss the Occupy Wall Street protests that wouldn’t start for another month. By September, prior to the start of the OWS, the FBI was notifying businesses that they might be the focus of an OWS protest.

Translation: You guys never had a chance. The FBI knew about the plans to occupy Zuccotti Square before most of you did.

-Documents released show coordination between the FBI, Department of Homeland Security and corporate America. They include a report by the Domestic Security Alliance Council (DSAC), described by the federal government as “a strategic partnership between the FBI, the Department of Homeland Security and the private sector,” discussing the OWS protests at the West Coast ports to “raise awareness concerning this type of criminal activity.” The DSAC report shows the nature of secret collaboration between American intelligence agencies and their corporate clients – the document contains a “handling notice” that the information is “meant for use primarily within the corporate security community. Such messages shall not be released in either written or oral form to the media, the general public or other personnel…” (The DSAC document was also obtained by the Northern California ACLU which has sought local FBI surveillance files.)

Translation: You want to know how Citibank had the drop on protesters last October? They were tipped off by the FBI/Department of Homeland Security and/or the Domestic Security Alliance Council.

-The Memphis FBI’s Joint Terrorism Task Force met to discuss “domestic terrorism” threats, including, “Aryan Nations, Occupy Wall Street, and Anonymous.”

Translation: One of these things is not like the other…

To read the entirety of the document, click here. But don’t even bother clearing your browser history: the FBI already knows you’re reading this article.

By Drew Grant | 12/24/12 12:48pm

Find this story at 24 December 2012

Copyright observer.com

FBI documents just obtained by the Partnership for Civil Justice Fund (PCJF) pursuant to the PCJF’s Freedom of Information Act demands reveal that from its inception, the FBI treated the Occupy movement as a potential criminal and terrorist threat even though the agency acknowledges in documents that organizers explicitly called for peaceful protest and did “not condone the use of violence” at occupy protests.

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.

“This production, 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,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund (PCJF). “These documents show that the FBI and the Department of Homeland Security are treating protests against the corporate and banking structure of America as potential criminal and terrorist activity. These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”

“The documents are heavily redacted, and it is clear from the production that the FBI is withholding far more material. We are filing an appeal challenging this response and demanding full disclosure to the public of the records of this operation,” stated Heather Benno, staff attorney with the PCJF.

As early as August 19, 2011, the FBI in New York was meeting with the New York Stock Exchange to discuss the Occupy Wall Street protests that wouldn’t start for another month. By September, prior to the start of the OWS, the FBI was notifying businesses that they might be the focus of an OWS protest.
The FBI’s Indianapolis division released a “Potential Criminal Activity Alert” on September 15, 2011, even though they acknowledged that no specific protest date had been scheduled in Indiana. The documents show that the Indianapolis division of the FBI was coordinating with “All Indiana State and Local Law Enforcement Agencies,” as well as the “Indiana Intelligence Fusion Center,” the FBI “Directorate of Intelligence” and other national FBI coordinating mechanisms.
Documents show the spying abuses of the FBI’s “Campus Liaison Program” in which the FBI in Albany and the Syracuse Joint Terrorism Task Force disseminated information to “sixteen (16) different campus police officials,” and then “six (6) additional campus police officials.” Campus officials were in contact with the FBI for information on OWS. A representative of the State University of New York at Oswego contacted the FBI for information on the OWS protests and reported to the FBI on the SUNY-Oswego Occupy encampment made up of students and professors.
Documents released show coordination between the FBI, Department of Homeland Security and corporate America. They include a report by the Domestic Security Alliance Council (DSAC), described by the federal government as “a strategic partnership between the FBI, the Department of Homeland Security and the private sector,” discussing the OWS protests at the West Coast ports to “raise awareness concerning this type of criminal activity.” The DSAC report shows the nature of secret collaboration between American intelligence agencies and their corporate clients – the document contains a “handling notice” that the information is “meant for use primarily within the corporate security community. Such messages shall not be released in either written or oral form to the media, the general public or other personnel…” (The DSAC document was also obtained by the Northern California ACLU which has sought local FBI surveillance files.)
Naval Criminal Investigative Services (NCIS) reported to the DSAC on the relationship between OWS and organized labor for the port actions. The NCIS describes itself as “an elite worldwide federal law enforcement organization” whose “mission is to investigate and defeat criminal, terrorist, and foreign intelligence threats to the United States Navy and Marine Corps ashore, afloat and in cyberspace.” The NCIS also assists with the transport of Guantanamo prisoners.
DSAC issued several tips to its corporate clients on “civil unrest” which it defines as ranging from “small, organized rallies to large-scale demonstrations and rioting.” It advised to dress conservatively, avoid political discussions and “avoid all large gatherings related to civil issues. Even seemingly peaceful rallies can spur violent activity or be met with resistance by security forces. Bystanders may be arrested or harmed by security forces using water cannons, tear gas or other measures to control crowds.”
The FBI in Anchorage reported from a Joint Terrorism Task Force meeting of November 3, 2011, about Occupy activities in Anchorage.
A port Facility Security Officer in Anchorage coordinated with the FBI to attend the meeting of protestors and gain intelligence on the planning of the port actions. He was advised to request the presence of an Anchorage Police Department official to also attend the event. The FBI Special Agent told the undercover private operative that he would notify the Joint Terrorism Task Force and that he would provide a point of contact at the Anchorage Police Department.
The Jacksonville, Florida FBI prepared a Domestic Terrorism briefing on the “spread of the Occupy Wall Street Movement” in October 2011. The intelligence meeting discussed Occupy venues identifying “Daytona, Gainesville and Ocala Resident Agency territories as portions …where some of the highest unemployment rates in Florida continue to exist.”
The Tampa, Florida FBI “Domestic Terrorism” liaison participated with the Tampa Police Department’s monthly intelligence meeting in which Occupy Lakeland, Occupy Polk County and Occupy St. Petersburg were discussed. They reported on an individual “leading the Occupy Tampa” and plans for travel to Gainesville for a protest planning meeting, as well as on Veterans for Peace plans to protest at MacDill Air Force Base.
The Federal Reserve in Richmond appears to have had personnel surveilling OWS planning. They were in contact with the FBI in Richmond to “pass on information regarding the movement known as occupy Wall Street.” There were repeated communications “to pass on updates of the events and decisions made during the small rallies and the following information received from the Capital Police Intelligence Unit through JTTF (Joint Terrorism Task Force).”
The Virginia FBI was collecting intelligence on the OWS movement for dissemination to the Virginia Fusion Center and other Intelligence divisions.
The Milwaukee division of the FBI was coordinating with the Ashwaubenon Public Safety division in Green Bay Wisconsin regarding Occupy.
The Memphis FBI’s Joint Terrorism Task Force met to discuss “domestic terrorism” threats, including, “Aryan Nations, Occupy Wall Street, and Anonymous.”
The Birmingham, AL division of the FBI sent communications to HAZMAT teams regarding the Occupy Wall Street movement.
The Jackson, Mississippi division of the FBI attended a meeting of the Bank Security Group in Biloxi, MS with multiple private banks and the Biloxi Police Department, in which they discussed an announced protest for “National Bad Bank Sit-In-Day” on December 7, 2011.
The Denver, CO FBI and its Bank Fraud Working Group met and were briefed on Occupy Wall Street in November 2011. Members of the Working Group include private financial institutions and local area law enforcement.
Jackson, MS Joint Terrorism Task Force issued a “Counterterrorism Preparedness” alert. This heavily redacted document includes the description, “To document…the Occupy Wall Street Movement.”
You can read the FBI – OWS documents below where we have uploaded them in searchable format for public viewing.

The PCJF filed Freedom of Information Act demands with multiple federal law enforcement agencies in the fall of 2011 as the Occupy crackdown began. The FBI initially attempted to limit its search to only one limited record keeping index. Recognizing this as a common tactic used by the FBI to conduct an inadequate search, the PCJF pressed forward demanding searches be performed of the FBI headquarters as well as FBI field offices nationwide.

The PCJF will continue to push for public disclosure of the government’s spy files and will release documents as they are obtained.

Posted on December 21, 2012

Find this story at 21 December 2012

See the released documents here

Copyright Partnership for Civil Justice

On March 6 members of an off-shoot of Anonymous, Lulzsec, were arrested as a result of an FBI informant, Sabu, whom the media describes as a Lulzsec leader. The six arrests were for people allegedly involved with Lulzsec which became known for targeting Sony, the CIA, the U.S. Senate, and FBI, as well as Visa, MasterCard, and PayPal.

Exactly one year ago to the day of the arrests, The Guardian published an article headlined, “One in four US hackers ‘is an FBI informer.’” The article described how the FBI had used the threat of long sentences to turn some members of Anonymous and similar groups into informants. It also described how the group was open to infiltration. On Democracy Now, Gabriella Coleman, a professor at McGill University who is an expert on digital media, hackers and the law, said: “There had been rumors of infiltration or informants. At some level, Anonymous is quite easy to infiltrate, because anyone can sort of join and participate. And so, there had been rumors of this sort of activity happening for quite a long time.”

In Part I of this series, Infiltration to Disrupt, Divide and Mis-direct are Widespread in Occupy, we described reports of widespread infiltration of the Occupy. In this article we will describe the history of infiltration of political movements in the United States and the goals of infiltration. Part III of this series will describe behavior of infiltrators, how other movements have countered infiltrators and what Occupy can do to minimize the damage from infiltrators.

Infiltration is the Norm, not the Exception, of U.S. Political Movements

When the long history of political infiltration is reviewed, the Occupy Movement should be surprised if it is not infiltrated. Almost every movement in modern history has been infiltrated by police and others using many of the same tactics we are now seeing in Occupy.

Virtually every movement has been the target of police surveillance and disruption activities. The most famous surveillance program was the FBI’s COINTELPRO which according to COINTELPRO Documents targeted the women’s rights, Civil Rights, anti-war and peace movements, the New Left, socialists, communists and independence movement for Puerto Rico, among others. Among the groups infiltrated were the Southern Christian Leadership Conference, the NAACP, Congress for Racial Equality, the American Indian Movement, Students for a Democratic Society, the National Lawyers Guild, the Black Panthers and Weather Underground. Significant leaders from Albert Einstein to Dr. Martin Luther King, Jr., who are both memorialized in Washington, were monitored. The rule in the United States is to be infiltrated; the exception is not to be.

The Church Committee documented a history of use of the FBI for purposes of political repression. They described infiltration efforts going back to World War I, including the 1920s, when agents were charged with rounding up “anarchists and revolutionaries” for deportation. The Church Committee found infiltration efforts growing from 1936 through 1976, with COINTELPRO as the major program. While these domestic political spying and disruption programs were supposed to stop in 1976, in fact they have continued. As reported in “The Price of Dissent,” Federal Magistrate Joan Lefkow found in 1991, the record “shows that despite regulations, orders and consent decrees prohibiting such activities, the FBI had continued to collect information concerning only the exercise of free speech.”

How many agents or infiltrators can we expect to see inside a movement? One of the most notorious “police riots” was the 1968 Democratic Party Convention. Independent journalist Yasha Levine writes: “During the 1968 protests of the Democratic National Convention in Chicago, which drew about 10,000 protesters and was brutally crushed by the police, 1 out of 6 protesters was a federal undercover agent. That’s right, 1/6th of the total protesting population was made up of spooks drawn from various federal agencies. That’s roughly 1,600 people! The stat came from an Army document obtained by CBS News in 1978, a full decade after the protest took place. According to CBS, the infiltrators were not passive observers, monitoring and relaying information to central command, but were involved in violent confrontations with the police.” [Emphasis in original.]

Peter Camejo, who ran for Governor of California in 2003 as a Green and as Ralph Nader’s vice president in 2004, often told the story about his 1976 presidential campaign. Camejo able to get the FBI in court after finding their offices broken into and suing them over COINTELPRO activities. The judge asked the Special Agent in Charge how many FBI agents worked in Camejo’s presidential campaign; the answer was 66 agents. Camejo estimated he had a campaign staff of about 400 across the country. Once again that would be an infiltration rate of 1 out of 6 people. Camejo discovered that among the agents was his campaign co-chair. He also discovered eavesdropping equipment in his campaign office and documents showing the FBI had followed him since he was a student activist at 18 years old.

The federal infiltration is buttressed by local and state police. Local police infiltrators have a long tradition dating back to the Haymarket riots of 1886 and the 1904 “Italian Squad in New York City. In addition to political activity they were also involved in infiltrations of unions especially around strikes. Common throughout the United States were the so-called “Red Squads” a 1963 report estimated 300,000 officers were involved in surveillance of political activities. These were local police focused on the same types of people as the FBI. Some of their activities included assassinations of political activists.

In fact, a predecessor to the modern Occupy, the Bonus March of 1932 was infiltrated by federal agents. Their focus was on radicals, anarchists and Communists who might be in the movement. The infiltration resulted in greatly exaggerated reports about radicals inside the Bonus encampments, which were primarily made up of veterans and their families that were used to help justify their removal by President Herbert Hoover with military troops acting against veterans under the command of General Douglas MacArthur, assisted by then-colonels Eisenhower and Patton.

Another predecessor to the Occupy, Resurrection City of 1968, a “community of love and brotherhood,” that occupied the Washington, DC mall for four months was organized by the Poor People’s Campaign fulfilling a plan made prior to the death of Dr. Martin Luther King, Jr. Resurrection City was heavily infiltrated by layers of police including the FBI, military, Park Police, Secret Service and Metropolitan DC police. FBI director Hoover had agents go to press conferences with false media identification, stationed FBI agents around the perimeter of the encampment and authorized an expensive informant program. After the FBI, the most expensive infiltration of Resurrection City was military intelligence which conducted an unlawful surveillance program, intercepting radio transmissions, monitoring radio traffic and intercepting all communications which were then passed on to the FBI, Secret Service, DC police and Park Police. The military also sent fictitious media to press conferences. The Metropolitan DC police “red squad” sent undercover officers into the camp and took mug shots of its members.

Infiltration tactics continue, perhaps have even escalated today. In a recent report the ACLU writes: “Today the government is spying on Americans in ways the founders of our country never could have imagined. The FBI, federal intelligence agencies, the military, state and local police, private companies, and even firemen and emergency medical technicians are gathering incredible amounts of personal information about ordinary Americans that can be used to construct vast dossiers that can be widely shared with a simple mouse-click through new institutions like Joint Terrorism Task Forces, fusion centers, and public-private partnerships. The fear of terrorism has led to a new era of overzealous police intelligence activity directed, as in the past, against political activists, racial and religious minorities, and immigrants.” There have also multiple reports of the CIA working with New York City police for years, an activity that is almost certainly illegal.

Not only have budgets increased in the post-911 world, but restrictions on spying have been weakened and court review has become rarer. The government, often with corporate interests, are gathering huge amounts of data on Americans and targeting a wide range of groups and individuals for intelligence gathering and infiltration. The extent of spying is so widespread that it is more than this brief article can examine, but the ACLU provides a state-by-state review.

We will not know the extent of current infiltration and the activities of government agents for quite some time, but in the post-911 world, with record intelligence budgets and a massive new homeland security bureaucracy, spying is very likely more extensive than ever. Add to that the private security of corporations and political organizations tied to the two political parties and the extent of Occupy infiltration is very likely quite extensive.

What Have Been the Goals, Strategies and Tactics of Past Infiltration?

The most common purpose of infiltration is the intelligence function of gathering information, but the goals are commonly more aggressive. Herbert Hoover ordered FBI agents to “expose, disrupt, misdirect, discredit, or otherwise neutralize” the activities of these movements and their leaders according to COINTELPRO Documents.

According to, Surveillance and Governance: Crime Control and Beyond, the goal of COINTELPRO was also to “expose, disrupt, misdirect, or otherwise neutralize” groups. FBI field operatives were directed to:

1. Create a negative public image for target groups by surveiling activists and then releasing negative personal information to the public.

2. Break down internal organization by creating conflicts by having agents exacerbate racial tensions, or send anonymous letters to try to create conflicts.

3. Create dissension between groups by spreading rumors that other groups were stealing money.

4. Restrict access to public resources by pressuring non-profit organizations to cut off funding or material support.

5. Restrict the ability to organize protests through agents promoting violence against police during planning and at protests.

6. Restrict the ability of individuals to participate in group activities by character assassinations, false arrests, surveillance.

The COINTELPRO documents disclose numerous cases of the FBI’s intentions to stop the mass protest against the Vietnam War. Many techniques were used to accomplish the assignment. The documents state: “These included promoting splits among antiwar forces, encouraging red-baiting of socialists, and pushing violent confrontations as an alternative to massive, peaceful demonstrations.”

Infiltration to gather intelligence and intentionally disrupt and break up social movements is common in the United States. At this point in history when the degree of wealth inequality has reached such staggering proportions that the richest 400 people have the same wealth as the bottom 154,000,000 people, when unemployment and foreclosures rates are high, when tens of millions can’t afford health care and students can’t afford to go to college, those in power are fearful that the people will rise up. Events of the past year, particularly the Occupy, reveal that this uprising has begun. It is likely that the powerful will use the tools available to stop Occupy, including infiltration to disrupt, divide and misdirect.

In Part III, we will describe common behaviors of infiltrators and how other social movements have tried to minimize the impact of infiltration. We will then examine the basic structure of the Occupy and analyze its strengths and weaknesses in the context of infiltration. Our hope is that this series will lead to a broader discussion within the movement so that efforts can be made to balance the strengths of Occupy with actions necessary to protect the movement from disruption and division.

If you have experience with your Occupy responding to infiltration please send them to research@october2011.org. Experiences that have worked and failed are of interest.

Kevin Zeese and Margaret Flowers are original organizers of OccupyWashington, DC/October2011 and are currently among the organizers of the National Occupation of Washington, DC.

By Kevin Zeese and Margaret Flowers
Global Research, March 13, 2012

Find this story at 13 March 2012

Copyright © 2005-2015 GlobalResearch.ca