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Curtis Black

Curtis Black

Posted: October 1, 2010 01:27 PM

The FBI's 'War on Dissent'

What's Your Reaction:

FBI whistleblower Coleen Rowley points out that last week's raids on anti-war and solidarity activists in Chicago and Minneapolis came just days after a "scathing review" by the Justice Department's inspector general, which slammed the agency's post 9/11 "terrorism investigations" of peace and social justice groups.

The FBI is conducting a "war on dissent, rather than terrorism," she writes.

The IG report apparently "gave no pause to the FBI," which is "continuing to do more of the same," Rowley writes.

The FBI's "anti-terrorist" activities highlighted by the report (which covers 2002 to 2006) included investigations of pacifist groups such as Catholic Workers, Quakers and the Thomas Merton Center of Pittsburgh. Environmental and animal rights groups were put on terrorist watch lists.

The report reveals "shameful red-baiting at its worst," editorialized the Boston Globe, which argued that the net effect of the FBI's activities was to stifle dissent.

It's "a reminder of how easily civil liberties can be cast aside during suspicious frenzies," wrote the New York Times in its editorial column, noting cases in the report where the FBI "trumped up routine civil disobedience violations" as "potential terrorism."

And with federal officials commenting on the newest raids repeatedly referring to an "ongoing criminal case" and "a law enforcement investigation," it's worth noting that the IG report revealed that FBI Director Robert Mueller gave false information to Congress when he testified that surveillance of the Merton Center was "an outgrowth of an FBI investigation."

Instead, as the Globe noted, it was a "make-work assignment" on a "slow day."

The raids are being taken as a sign that the FBI is eager to exploit the huge opening afforded by a Supreme Court decision in June that found that a law banning "material support" for designated terrorist organizations could legally prohibit speech and advocacy - even advocacy in support of human rights and international law.

The court overruled repeated findings by lower courts that the law's provisions restricting speech are unconstitutional.

"For the first time ever, the Supreme Court has ruled that the First Amendment permits the criminalization of pure speech advocating lawful, nonviolent activity," wrote David Cole, Georgetown professor and attorney for the Humanitarian Law Project in the case.

He points out that by advising Hezbollah and other groups on election procedure, as he did in Lebanon last year, former President Jimmy Carter arguably committed a crime punishable by 15 years in prison, under the Supreme Court ruling. (Indeed, Carter spoke out against the ruling.)

Under the new "material support" interpretation, anti-apartheid and solidarity activists in the 1980s could have been subject to harassment and prosecution, as National Lawyers Guild 's Bruce Nestor points out. (NLG has opened a hotline and issued a know-your-rights guide for activists harassed by the FBI.)

Back then, U.S. activists communicated and worked with the African National Congress and the FMLN of El Salvador, both considered terrorist groups by the State Department -- while the U.S. government actively or tacitly backed large-scale, brutal repression by the existing governments of South Africa and El Salvador. Today, with repressive apparatuses dismantled, both the ANC and the FMLN are governing their nations through fair and free elections.

In 1991 a federal judge ruled that multiple FBI investigations of the Chicago chapter of the Committee in Solidarity with the People of El Salvador, based on unsubstantiated charges of "terrorist" activities, violated the 1981 consent decree in the Chicago Red Squad case. That decree barred investigations of activities protected by the First Amendment. (It was vacated last year.)

If the FBI is serious about investigating material support for terrorism - and not cracking down on domestic dissent - they could raid the corporate offices of Coca-Cola. Several union leaders have been killed and hundreds of union members at Coke bottling plants in Colombia have been detained and tortured by paramilitaries working with plant management, according to the labor-backed Campaign to Stop Killer Coke.

Such a focus on real material support for terrorism by the FBI is not likely, alas, since earlier last month the State Department certified Colombia is "making progress" on human rights ("though there continues to be a need for improvement," the department reported to Congress, mentioning the small problem of impunity for human rights violations) -- and thus worthy of $30 million in military aid for fiscal year 2011.

This despite a recent report from the Fellowship of Reconciliation and the U.S. Office on Columbia showing that Colombian army units receiving U.S. aid "allegedly kill more civilians and frame the deaths as combat kills," as Global Post reports. This gets them "job perks and promotions."

Extrajudicial killings of civilians surged significantly in regions that received the largest increases in U.S. aid, the human rights groups found.

Talk about material support for terrorism. That's our tax dollars at work, friends.

From the Palmer Raids through McCarthyism and COINTELPRO and on to today, the FBI has policed and suppressed political dissent. The September 24 raids are just the opening chapter in the latest episode.

A dozen or so activists have been subpoenaed to appear before a grand jury in Chicago on October 5. There, as Nestor points out, they'll "have to answer questions: Who do you know? Who do you talk to? What do you think? And if you don't answer them you can sit in jail for 4 or 6 or 8 or 18 months until the grand jury term ends."

It's "an attempt by the federal government to criminalize anti-war organizing," writes Ron Jacobs at Counterpunch. The Grand Jury Resistance Project has called on the government "to end the use of grand juries as a political tool to suppress political dissent."

It's "a declaration of war on the activist left, in which grand juries are deployed as omnibus weapons of political persecution under an infinitely expandable anti-terrorism rationale," writes Glen Ford at Black Agenda Report. "The constitutional lawyer in the White House has tossed the founding document into the National Security State shredder."

The newly-formed Chicago Committee Against Political Repression has called a rally and vigil at the Federal Building, 230 S. Dearborn, for October 5 from 8:30 to 3:30 p.m. The national Committee to Stop FBI Repression says there will be rallies that day in dozens of cities.

 
 
 
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HUFFPOST SUPER USER
zombywulf
Pirate Captain Church of Saint Jerry
06:49 PM on 10/03/2010
The FBI does this so they won't have to actually get their hands dirty going after the REAL criminals and terrorists.The FBI has become what J Edgar wanted it to be in the first place a secret police bound to the RepubliCon party and it's agenda.
HUFFPOST SUPER USER
dbrett480
06:01 PM on 10/02/2010
I could see how the FBI would be interested in groups that work with El Salvadoran rebels and Hezbolla, but I can't see what why they would be interested in the Quakers. Maybe Quaker Oats is part of an elaborate scheme to make us all eat healthily :-)
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HUFFPOST SUPER USER
AKAGoldfish
09:42 PM on 10/06/2010
Implying El Salvadoran rebels are terrorists : /
11:35 AM on 10/07/2010
The major problem with this is that they define ANY advice given to groups designated as "terrorists" as support. If I started an org that advised Hamas to start an international PR campaign that called for an end to the Palestinian embargo, it would be illegal according to court precedent. This is a non-violent, First Amendment protected action, but I could go to prison for it.
12:07 PM on 10/02/2010
Curtis Black correctly puts this horror in perspective. President Obama and Attorney General Holder are asking us to stump for Democrats while they allow the anti-war and solidarity movements to be attacked. Get your house in order first!
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HUFFPOST SUPER USER
Marianne TB
10:02 AM on 10/02/2010
indeed...I went to sleep in 2010 and woke up in 1952 when I heard about those raids..how DARE they!!! I remember the chicago Hoover red squad in all their glory back in 71, when we marched against the war in Vietnam...the little fascist thugs are still out there trying to scare the populace...dont get scared, get MAD
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naschkatze
A free man creates himself.
04:38 AM on 10/02/2010
Thank you for the excellent background and summation of what's going on. I hope your post will appear in as many venues as possible.
01:02 AM on 10/02/2010
Chicago politico Don Rose, speaking on Chicago cable access this week about what these assaults represent:

"This is coming after protesters and trying to contaminate the very concept of anti-war activism because the movement against this war is growing to a substantial majority as did the movement against the Vietnam war. ... I think it's very serious, and a reflection of the magnitude of the movement that is growing primarily against the Afghanistan war -- and it was a protest movement that finally ended the Vietnam war and I think they (in Washington) are scared stiff that what's happening here is gonna match Vietnam and they want to discredit the concept of being anti-war. ... This is something absolutely horrible coming from a Washington that is run by Chicagoans who were there and know about the murder of Fred Hampton, which was the apex of the COINTELPRO movement, and this is a new COINTELPRO movement starting now."

Link to Rose's comments is here: http://jorae.blip.tv/

We should not underestimate the grave threat that this case represents to dissent and the anti-war movement across the nation.
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HUFFPOST BLOGGER
Coleen Rowley
retired FBI agent/legal counsel
06:05 PM on 10/01/2010
Thanks for this excellent summary!! In addition to making calls to Eric Holder on October 4th and rallying on October 5th, the day the Federal Grand Jury in Chicago will force those subpoenaed to appear, the broader aspect (beyond asking the Attorney General, tel no. 202 514-2001, to drop this investigation which looks like a witchhunt), is to ask for Congress to remedy the four dirty words “expert advice and assistance” in the Patriot Act that expanded the definition of “material support to terrorism”. There have been repeated broader calls to "repeal the Patriot Act" but this should be much more focused on just the small number of words out of 300 pages and 160 some provisions of law in the "Patriot Act". We should also ask Congress, especially those on the Judiciary Committees, to convene hearings (like the old Church Committee ones) to look at the whole "Top Secret America" mess, including prior illegal acts committed under Bush-grabbed Presidential War Powers. Here's another good article--look at suggested action in the last three paragraphs: the http://www.ajwnews.com/archives/7361
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HUFFPOST SUPER USER
AKAGoldfish
09:41 PM on 10/06/2010
The War Powers Act was passed long before Bush, and was in fact opposed by the Bush administration (and every other administration since it's passage). Knowing what laws you're talking about might be useful if one wants to talk about what we need to fix.
04:26 PM on 10/01/2010
The Sept. 24 FBI raids in Minneapolis reminded many of us here of what happened before the 2008 Republican National Convention. On Aug. 30, 2008, the Ramsey County Sheriff's Office, in coordination with a Joint Terrorism Task Force, led preemptive raids on three homes in Minneapolis on the weekend prior to the RNC. After heavily armed SWAT teams broke into the homes of political activists with the anarchist RNC Welcoming Committee, eight arrestees were jailed and then charged with "conspiracy to riot in furtherance of terrorism." The charges with terrorism-enhanced penalties were brought for the first time ever under Minnesota's version of the USA PATRIOT Act.

Although the "terrorism"-related charges were dropped seven month later, 4 of the "RNC 8" are still facing felony conspiracy charges and are set to go on trial Oct. 25 in St. Paul. We are in the third year of this case, and I know all about it because my son, Max, is one of the defendants.

This incredible travesty of justice cries out for more attention. Peace activists, and anyone concerned about the state's assault on civil liberties, should support the RNC 8. Any movement for social justice must support its prisoners, if it is to have any legitimacy. For details and updates, go to: http://rnc8.org/
HUFFPOST COMMUNITY MODERATOR
jennysez
03:21 PM on 10/01/2010
Remember Chicago, the whole world is watching!

Thanks for shining a light on this, keep up the good reporting Mr. Black.
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HUFFPOST SUPER USER
AKAGoldfish
09:39 PM on 10/06/2010
Why are you trying to pin this on Chicago? The FBI, if you haven't noticed, is a federal agency, and as the very op-ed you're commenting on shows (not to mention some of the comments from victims of these tactics elsewhere), this is hardly a geographically isolated incident.
HUFFPOST COMMUNITY MODERATOR
jennysez
10:13 AM on 10/07/2010
I understand, you read the sentence wrong. See, if I was "pinning" something on Chicago the sentence would've read: Remember, Chicago, the whole world is watching. See, comma placement is important to reading comprehension.
I was referencing the 1968 Democratic Convention which was held in Chicago, when anti-war protesters were beaten and indiscriminately arrested in front of news cameras for protesting outside the convention hall. Throughout it all the protesters kept chanting "The whole world is watching". This was one of the incidents that helped galvanize the anti-war movement as well as being a huge embarrassment to local and federal authorities who's use of violent tactics on unarmed college kids was broadcast live all over the nation. Which is an apt reference because the post is talking about the FBI going after anti-war protesters again, if the FBI was smart they'd remember Chicago and that the whole world is watching again.