"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Warrantless Search’

Google Transparency Report Shows U.S. Gov’t Surveillance, Requests For Removal Of Information From Internet On The Rise In 2012

In Uncategorized on November 15, 2012 at 9:43 am

Oldspeak:”Totalitarianism is not only hell, but all the dream of paradise– the age-old dream of a world where everybody would live in harmony, united by a single common will and faith, without secrets from one another. Andre Breton, too, dreamed of this paradise when he talked about the glass house in which he longed to live. If totalitarianism did not exploit these archetypes, which are deep inside us all and rooted deep in all religions, it could never attract so many people, especially during the early phases of its existence. Once the dream of paradise starts to turn into reality, however, here and there people begin to crop up who stand in its way. and so the rulers of paradise must build a little gulag on the side of Eden. In the course of time this gulag grows ever bigger and more perfect, while the adjoining paradise gets even smaller and poorer.” –Milan Kundera In a totalitarian state, there is ever more surveillance, ever more restriction of acceptable thought, ever more disappearance of  ‘undesirable’ information. And people (like Samir Khan, Anwar-Al Awlaki and his 16 year old son). Lies become truth. Ignorance is seen as a strength. War masquerades as peace, pervading ever aspect of out language and culture.  The free and open internet is fast becoming a thing of the past; incrementally being ever more censored, edited, surveilled and controlled. It is the way of the world in the turnkey totalitarian police state the U.S. has morphed into.

By Brittany Fitzgerald @ The Huffington Post:

The internet is becoming an increasingly monitored sphere.

According to Google’s sixth bi-annual Transparency Report, released on Nov. 13, the number of government requests to remove or survey content from the search engine’s services steadily increased in 2012.

Google’s report on the rise in digital interference from Big Brother comes amid furor over a sex scandal involving former CIA Director General David Petraeus, who resigned from his position last Friday and admitted to an affair. Sources said Petraeus had a relationship with Paula Broadwell, who in 2012 published a fawning biography on the general. In this couple’s case, the affair was uncovered using Gmail metadata buried in email exchanges.

“Broadwell will now become part of the statistics that Gmail reports in its next semi-annual transparency report on government data requests,” Wired deftly noted after reporting on methods the FBI used to uncover the affair.

In a blog post explaining the most recent Transparency Report, Google writes that from January to June of 2012, government officials made 20,938 inquiries about 34,614 specific accounts. These figures were higher than those reported in the previous report.

Take a look at the graph below to see how government requests to Google have increased since the company began releasing this information in 2009:

google transparency report

The amount of content that governments want completely removed from Google’s services is a number that also saw a sharp increase throughout the last six months. While this statistic has remained relatively steady in previous reports, the company received 1,791 requests to remove 17,746 pieces of content in 2012. Check out the numbers in the graph below:

google transparency report

“Government surveillance is on the rise,” Senior Policy Analyst Dorothy Chou states in Google’s blog post. “[G]overnment demands for user data have increased steadily since we first launched the Transparency Report.”

But The Atlantic is quick to point out that Google doesn’t comply with all of these requests. In fact, since 2010, the company has been less compliant with governments’ requests for removal of content from Google services. In the United States, Google said it recently complied with less than 50 percent of these government requests.

But governments’ requests for user data is another story. According to the Transparency Report, Google still complies with 90 percent of these orders in the U.S.

So should you be worried about your personal email accounts? Most people probably shouldn’t be, according to Stewart Baker, former assistant secretary at the Department of Homeland Security. “The government can’t just wander through your emails just because they’d like to know what you’re thinking or doing,” Baker recently told the AP. “But if the government is investigating a crime, it has a lot of authority to review people’s emails.”

FBI To Expand Domestic Surveillance Powers As Details Emerge Of Its Spy Campaign Targeting American Activists

In Uncategorized on June 15, 2011 at 12:57 pm

Oldspeak:”While Obama smiles and waves in Puerto Rico, his justice department is wildin the fuck out.  Today in the supposed land of the free, COINTELPRO is on steroids. Political activists who don’t adhere to the status quo are labeled “domestic terrorists”. They are physically and electronically surveiled and intimidated for years, without firm evidence for suspecting criminal activity.  What’s to stop this vast and unaccountable misuse of government power from being turned on non-politically active Americans? “The FBI is giving agents more leeway to conduct domestic surveillance. According to the New York Times, new guidelines will allow FBI agents to investigate people and organizations “proactively” without firm evidence for suspecting criminal activity. The new rules will free up agents to infiltrate organizations, search household trash, use surveillance teams, search databases, conduct lie detector tests, even without suspicion of any wrongdoing.”- Amy Goodman. Best believe the Thought Police are in full effect.

RELATED LINKS

By Amy Goodman @ Democracy Now:

AMY GOODMAN: Civil liberties advocates are raising alarm over news that the FBI is giving agents more leeway to conduct domestic surveillance. According to the New York Times, new guidelines will allow FBI agents to investigate people and organizations “proactively” without firm evidence for suspecting criminal activity. The new rules will free up agents to infiltrate organizations, search household trash, use surveillance teams, search databases, conduct lie detector tests, even without suspicion of any wrongdoing.

The revised guidelines come as the FBI’s existing practices have already come under wide scrutiny. Last month, the New York Times revealed a number of new revelations against activists targeted by domestic spying. One of those activists is 44-year-old Scott Crow, an Austin, Texas resident, self-proclaimed anarchist. He has just learned he was targeted by the FBI from 2001 until at least 2008. Using the Freedom of Information Act, Scott received 440 pages of heavily redacted documents revealing the FBI had traced the license plates of cars parked in front of his home, recorded the arrival and departure of his guests, observed gatherings that he attended at bookstores and cafes. The agency also tracked his emails and phone conversations, picked through his trash to identify his bank and mortgage companies, visited a gun store where he had sought to purchase a rifle for self-defense. Agents monitored—also asked the Internal Revenue Service to examine his tax returns, and even infiltrated activist groups he associated with. While Crow has been arrested a dozen times in his years of activism, he has never faced a charge more serious than trespassing. He is among a growing number of people and groups finding themselves on the receiving end of government spying.

Well, Scott Crow joins us now from Austin, Texas, to tell his story. And we’re also joined from Washington, D.C., by Mike German, national security policy counsel for the American Civil Liberties Union. He previously served as an FBI agent specializing in domestic counterterrorism from 1988 to 2004.

Mike German, we want to start with you on the most recent news of the new leeway granted to FBI agents, of which you were one years ago, to monitor people, not under any criminal charges or even suspicion. Explain what you understand is happening right now.

MIKE GERMAN: Right. You might remember that in 2008 Attorney General Michael Mukasey altered the attorney general guidelines that govern the FBI’s investigative authorities, and he created a new category of investigations called “assessments.” And these required no factual predicate—in other words, no evidence that anybody had done anything wrong, much less the person who is under investigation. And there are a number of intrusive investigative techniques that were allowed to be used, including physical surveillance, including recruiting and tasking informants, including FBI agents acting in ruse trying to gather information from the subjects of the investigation, conducting interviews, even using grand jury subpoenas to get telephone records.

What the new changes to the FBI’s internal policy is, to allow FBI agents, even without an assessment being open, to search commercial databases—these are subscription services of data aggregators that collect, you know, a broad swath of information and really have a lot of detailed private information about people—and also state and local law enforcement databases. Again, this is without any suspicion of wrongdoing. Without even opening an investigation, agents can start searching for all this private information.

Another increase in their authority is with assessments that they use to determine whether an informant is—whether they can recruit an informant. And one of the things they’re allowed to do is they’re adding trash haul, which means that when you put your garbage out for the garbageman to pick up, it’s an FBI agent picking it up instead, and they go through all this material. And when I asked why they would want to give agents that authority—again, before you have any evidence of wrongdoing—and they said, “Well, it’s often helpful to find something derogatory that could be used to pressure the person into becoming an informant.” So, you know, this is a technique being used specifically to coerce somebody to cooperate against their neighbors or co-workers.

AMY GOODMAN: The FBI declined our interview request today but did send us a statement about the new guidelines. Quoting FBI General Counsel Valerie Caproni, saying, quote: “Each proposed change has been carefully looked at and considered against the backdrop of the tools our employees need to accomplish their mission, the possible risks associated with use of those tools, and the controls that are in place. Overall, this is fine tuning, not any major change. The FBI’s authority to use specific investigative tools is determined through the U.S. Constitution, U.S. statutes, executive orders and the Attorney General’s Guidelines for Domestic FBI Operations. The Domestic Investigations Operations Guide cannot and does not confer additional powers to agents beyond that provided by those controlling authorities.” Your thoughts on that, Mike German?

MIKE GERMAN: Well, again, the 2008 attorney general guidelines so loosened the standards for FBI investigations that they’re basically nonexistent. No factual predicate is required. So the idea that agents would be able to start those investigations without even going through an administrative hurdle of opening an assessment, I think, is an expansion of power that is completely unaccountable.

AMY GOODMAN: I want to go to Scott Crow to hear a real-life story. Scott, talk about when you first applied under the Freedom of Information Act to get information about whether the FBI was monitoring you.

SCOTT CROW: Well, there’s a local organization called the Austin People’s Legal Collective. It all came out after Brandon Darby came out as an informant in 2008. Austin People’s Legal Collective decided to put together a FOIA request for about 30 activists, about 40 organizations and about 10 events going back to the year 2000 in Austin. We sent it to multiple field offices around the country and then—to see what we’d get back, to try to build a picture of what kind of surveillance had been going on, if there’s other infiltration. And in that, most—about 50 percent of the documents that came back came back with nothing. About 30 percent came back—people came back with a mention, or a group came back with a mention. And then there was two cases, a case with the woman who organized the Showdown in Texas, which was an event in 2003—there was about 400 pages of documents—and then mine was a case where they had years of extensive documentation going on. And that was kind of the impetus of it all. And through that, I was able to find out that, you know, that I had—there had been five informants in my life. Brandon Darby was just the last one, who had run through our communities. But when we did this, we did it across nine states. And I found out I was investigated in nine states for arsons and other criminal acts that I was never charged with.

AMY GOODMAN: Now, Brandon Darby, for those who aren’t familiar, who has become a very familiar name in progressive circles, explain your relationship with him and who he is.

SCOTT CROW: Brandon Darby was a person who had been a friend of mine and been on the edge of the activist community within Austin for a number of years. He and I had gone to New Orleans together, and then I ended up co-founding an organization called Common Ground Relief out of that, out of those actions. And he worked at Common Ground for a couple of years and left, and then he ended up setting up—participating in this case with two men at the Republican National Convention, where he possibly entrapped them, but definitely provoked them into doing actions that they would not normally have done, which they ended up going to prison for. And then he came out as an informant, and it turned out he had been investigating a number of us for a number of years.

AMY GOODMAN: So, when exactly did you get the documents from the FBI? And talk about the extent that they showed of their surveillance of you.

SCOTT CROW: Well, let me—let me backtrack for a second. I first found out that I was listed as a domestic terrorist in 2006. The FBI, in the way that they ended up dealing with a lot of law enforcement around the country is they let the local DAs and the local law enforcement officers know in different cities. So in 2006, they let the DA in Baton Rouge know, and he let the lawyers for the Angola 3 know, and the Angola 3 lawyer told me. And that was the first time I ever heard about it, that I was listed as a domestic terrorist and an animal rights extremist.

And what it did was it opened up this world of possibilities in this kafkaesque world, where I’m not being formally charged with anything, but all of these things are happening. I mean, I could see people sitting out in front of my house for years—I mean, all different kinds of cars. And I’m not a paranoid person. I live a very transparent, open glass house. But I could see all these things happening.

There was a BOLO that was issued, a “be on the lookout” report that was issued in 2008, in the Austin Police Department that said I might injure police officers, burn down police cars, or incite riots. And the way I knew about it is because people from the city that I had worked with told me that they saw this poster with my picture on it. Now, again, I couldn’t do anything about this. Well, finally, in 2010, I get these documents that list me as a domestic terrorist since 2001, and it starts—the picture starts to become clearer on all of the things that the FBI has been doing across states, across multiple states, to investigate me and to sow dissent, basically, amongst local and regional law enforcement.

AMY GOODMAN: Some of the redacted FBI documents that show the surveillance of you, Scott, have been posted on the New York Times website. One FBI report describes the meeting of an activist group that you were a part of, saying, quote, “Most attendees dressed like hippies, had [dreadlocks] (both men and women), and smelled of bad odor.” Another report has the extensive details on the contents of your trash.

SCOTT CROW: I mean, those two incidences just scratch the surface. The infiltration happened over and over again in different groups, in different events. There would be law enforcement and informants and people gathering information at all different levels—city, county, state and federal authorities—and private security, too. It’s a revolving door between that sharing information and all of these things. Going through the trash was part of it.

But really, what was—to me, what I think we should talk about is that—how much money they spent investigating me, and not charging me with anything. You know, like, if I’m the tip of the iceberg and there’s other people in other communities that they’re doing this with, how much is the government spending to do something like this? And what kind of chilling effect does it have on activist communities and on us as citizens in this country?

AMY GOODMAN: How extensive, in terms of throughout the United States, was the monitoring of you, Scott? What have you figured out at this point?

SCOTT CROW: Well, they investigated me in nine states, like I said, in 12 field offices. There was five informants. There was one in Austin, two in Houston, one in Dallas and one in Detroit. I could only identify three of those people. The other ones I can’t even identify who they are, people I might have come in contact with over and over again. But they’re targeting—but what we found out through these FOIAs—

AMY GOODMAN: They went to—they went out—

SCOTT CROW:—and through other FOIAs that—

AMY GOODMAN: They went out to the IRS to investigate you, as well?

SCOTT CROW: Absolutely. They sent a letter to the IRS to see if they could get me for tax evasion. And luckily, my partner Ann and I had always had our taxes done, because we had owned our own businesses for the longest time, and they found—the IRS came back and said they couldn’t—there was nothing they could do about it. And there seemed to be a consternation at the FBI about that.

They also used closed-circuit television on a house in Dallas that I lived in, and then in Austin, where they put cameras across—on poles across the streets from my house. The levels that they went to, I think, are unimaginable to most people, because it’s what you hear about in movies or what people fear the most about it. But pretty much anything that you can think of that they did, except for kicking my door in, happened to me. I was threatened with grand juries, the trash digging, which they did on two occasions on the trash digging, being visited at my work and visited at my home. You know, Mike German spoke to, earlier, how they try to put pressure on people to give information. I was first visited by the FBI in 1999. That was the first time I ever heard the words “domestic terrorism” and “animal rights” used together. And also, not only did they try to implicate me in some crimes in Dallas or say that I had—or suggest that I had some responsibility for those crimes, then they tried to use that pressure to get me to give information on other people.

AMY GOODMAN: Now, you were—

SCOTT CROW: And so, how many people is that happening to across the country?

AMY GOODMAN: That is a very important question. Mike German, you’re with the ACLU. There have been a number of raids. These are the obvious—you know, more obvious manifestations of this, raids in Chicago and Minneapolis of activists’ homes. Can you talk about how wide this surveillance is and what you understand is happening in other parts of the country?

MIKE GERMAN: Sure. I think, like Scott said, we only see the tip of the iceberg. But in 2004, 2005 and 2006, the ACLU issued a number of Freedom of Information Act requests for Joint Terrorism Task Force investigations against a number of political—politically active groups who suspected that they were spied on, the same way Scott did. And we uncovered widespread surveillance of different, you know, peace and justice groups, environmental groups, all kinds of different groups. And that, in turn, started an inspector general investigation that was just released in September of 2010 that showed that the FBI was opening these investigations with what they called factually weak predicates, sometimes even speculative predicates. So it wasn’t that they thought that the groups were involved in any criminal activity now, but just that it was a possibility in the future they might be. Well, of course, that’s true for all of us. We all might be future criminals. And that was the sole criteria that the FBI was using to open preliminary inquiries.

Now, these are supposed to be predicated investigations where there is some factual basis. And these investigations, unfortunately, the IG only looked at the cases that the ACLU had already uncovered. He didn’t look beyond those. But what he found was those investigations remained open for years, with no evidence of wrongdoing, that the victims of these investigations would be put on terrorist watch lists. And, you know, you can imagine, for a political activist, you know, kind of like Scott recounted, when the FBI is going around telling local officials that this political activist is a terrorist, that cripples their ability to be effective in their advocacy. And it creates a huge chilling effect that affects not just the people under investigation, but others active on those political issues, and even further, people who want to be active but feel it’s not worth it to come under that kind of surveillance. So it has a real serious effect on our democracy. And that’s really, you know, one of the most dangerous parts about this.

AMY GOODMAN: How has the FBI changed from Bush to Obama? I mean, Robert Mueller has now been head of the FBI for almost 10 years under Bush and Obama.

MIKE GERMAN: You know, this meeting that we were brought to about the expansion of the FBI’s authority last month was really the first opportunity. We were hoping, because we criticized the 2008 guidelines that were put in place in December of 2008—so, literally just a month before the Obama administration took over—we had criticized those heavily, so we were hoping that what we were going to hear was that our criticism had been heard and that they were going to scale back some of the things they were doing. One of the things that we’re still working on is an authority the FBI has given itself in their internal guidelines that allows them to collect racial and ethnic demographic data and to map racial and ethnic communities and collect racial and ethnic behavioral information, whatever that is. And we’re trying to use Freedom of Information Act to get at that information, but it’s difficult.

AMY GOODMAN: Scott Crow, what are your plans right now? And I want to ask Mike German also, what kind of recourse does someone like Scott have, now that you’ve learned the extent of the surveillance? Do you even know, Scott, right now if you’re be monitored?

SCOTT CROW: I assume that I am, because my documents ended in 2008. They said that was all that there was. And just to clarify, they gave me 500 pages of 1,200 pages. So there’s still 700 pages more to get. We’re going to sue to try to get the rest of them and try to get the redactions taken away, so we can see what was going on. But my biggest thing is not to—to tell people not to be afraid, because everything that people fear I’ve had happen to me, and I’m still OK. And I don’t mean that in a cavalier way, because it’s been definitely traumatizing at different points, but if we don’t come out and be open about this, then they’ve already won, and the surveillance and the “war on terror” wins against us.

AMY GOODMAN: And Mike German, the kind of recourse people have? How do they even find out if they are the subject of surveillance?

MIKE GERMAN: It’s very difficult. I mean, one of the things that we’re just finding out in a California case is that the FBI and the Department of Justice have been interpreting a portion of the Freedom of Information Act to allow them to falsely say they do not have responsive documents when they do. So it makes unclear whether the government is even being upfront about whether they have documents that they’re not giving you. So it’s very difficult, but we’re working with the Freedom of Information Act the best we can. We’re working through the courts, and we’re working on Capitol Hill, trying to get our elected representatives to realize how important this is to the American public and to our democracy. If people are afraid to engage in political activism, that’s ultimately going to hurt us more than, you know, the waste of resources and other aspects of this that are also untenable.

AMY GOODMAN: Well, I want to thank you both very much for being with us, Mike German, national security policy counsel for the American Civil Liberties Union, formerly an FBI agent specializing in domestic counterterrorism, and thank you to Scott Crow, Austin-based activist targeted by FBI surveillance. His book Black Flags and Windmills is set to be published in August.

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Deserving Neither Liberty Nor Safety: The Patriot Act & The FBI’s Long-Term Assault on Civil Liberties In America

In Uncategorized on June 1, 2011 at 9:34 am

Oldspeak:” In the wake of the Congress and Obama’s reauthorization of the USA PATRIOT ACT (sans Candidate Obama’s promised reviews and reforms, complete with ‘secret’ interpretations of the laws’ provisions) rest assured that violations of your 4th amendment rights will continue unabated.  “This assault on the Fourth Amendment, which protects citizens from unwarranted search and surveillance, has some startling ramifications. The FBI can not only search your home or business, but also listen to your phone conversations, monitor your computer and Internet use, and search your medical, financial, library, and academic records. All this without ever letting you know…Moreover, the FBI gets to label any group it wants as supporting terrorism. Did you give money to the African National Congress in its fight against apartheid in South Africa? Did you support CISPES, an organization trying to change U.S. policy in El Salvador and Central America? If you did and you are not a citizen, you could join the thousands who have been rounded up, questioned, and held in indefinite detention, without charges and without access to legal representation. Two U.S. citizens have also been imprisoned in this manner, establishing a chilling precedent for the future, no matter what their supposed crimes.” –Fred Nagel.  Yet another disheartening example of President Obama extending and unchanging an unconstitutional, anti-democratic, police state promoting Bush era policy. It’s getting harder and harder to distinguish these tactics, secret police, the spying, the intimidation, the warrantless searches, from those used by the Gestapo in Nazi Germany.   The “War On Americans” is still going strong, and Americans are losing. They’re losing HUGE.”

Related Story: FBI’s Counterterrorism Operations Scrutinizing Political Activists

 

Related Story: Spying on U.S Citizens — Uncle Sam turns his multi-billion dollar espionage network on U.S Citizens

By Fred Nagel @ Z Magazine:

Visiting Budapest in the early nineties, after the fall of the Soviet Union, I had a chance to talk to some Hungarians about their lives during and after the Soviet occupation. I was particularly interested in the secret police. Did they feel safer now that they couldn’t be taken away in the middle of the night for something they had said or written? One woman’s response was typical. “They would never
come for me,” she said. “They came for our writers, our intellectuals, but never for me; I was never scared.”

Perhaps the average American thought the same way about the USA PATRIOT Act, passed within a month after the attacks on the World Trade Center and Pentagon. Certainly members of Congress felt that way. The act was over 300 pages long, and most simply did not have time to read it in the rush for passage.

They should have. It gives our government the right to secretly investigate individuals and groups if they violate criminal laws and their actions “appear to be intended to intimidate or coerce a civilian population…” Cutting a fence, throwing a stone, or crossing a police barrier in pursuit of civil rights, protecting the environment, or protesting the World Trade Organization would certainly qualify.

And only one member of a group needs to engage in this type of action for the whole group to be investigated. The USA PATRIOT Act does away with the need for a search warrant, the process that requires the government to show a judge some good reason for snooping in your house (reasonable cause that there is evidence relevant to a crime). This assault on the Fourth Amendment, which protects citizens from unwarranted search and surveillance, has some startling ramifications. The FBI can not only search your home or business, but also listen to your phone conversations, monitor your computer and Internet use, and search your
medical, financial, library, and academic records. All this without ever letting you know.

As an example, librarians were put on notice that it is a violation of law to let any library user know that his/her records have ever been checked. And hundreds of libraries report that records have been checked, although they are forbidden to reveal the specifics. There can be little doubt that homes have also been searched, patient records copied, etc. since passage of this act. Could my house or
computer be searched simply because I wrote this article? In the brave, new world of the USA PATRIOT Act, anything is possible.

Indefinite imprisonment without charges and without evidence used to be unthinkable as well. But the USA PATRIOT Act allows this for non-citizens who are members of a designated “terrorist organization.” Moreover, the FBI gets to label any group it wants as supporting terrorism. Did you give money to the African National Congress in its fight against apartheid in South Africa? Did you support CISPES, an organization trying to change U.S. policy in El Salvador and Central America? If you did and you are not a citizen, you could join the thousands who have been rounded up, questioned, and held in indefinite detention, without charges and without access to legal representation. Two U.S. citizens have also been imprisoned in this manner, establishing a chilling precedent for the future, no matter what their supposed crimes. The line has clearly been crossed, and as a citizen of this country,
you can be locked up and denied your most basic rights, based on evidence you may never even find out about.

Secret military tribunals have been set up to try immigrants and other foreigners for terrorism, with the death penalty a distinct possibility. Even U.S. citizens who are allowed access to a lawyer may have their conversations monitored if the attorney general “suspects” that terrorist activity is involved. Good-bye to another very basic right we have come to expect, that of attorney/client
privilege. The Total Information Awareness database, organized as part of the Bush Era’s Department of Homeland Security, was a omonous step toward a police state. Masterminded by Admiral John Poindexter (criminally convicted in 1990 for lying to Congress, destroying official documents, and obstruction of justice), this database would have collected every bit of information that existed on
every citizen in this country. A massive public outcry stopped that program before it was put into place. But since then, the goverment’s surveillance programs have multiplied dramatically, especially under Obama, who signed the extension of the USA PATRIOT Act without any reforms at all. Currently, the Justice Department is trying to get a federal appeals court to overturn a ruling against planting GPS devices without a warrant.

“Big deal,” you reply. “The FBI has been doing all this stuff for years. Where have you been?” Well, it has been doing this since 1908, when Congress first refused to authorize the FBI (at that time the Bureau of Investigation), explaining that “a system of spying upon and espionage of the people, such as has prevailed in Russia” was unacceptable in a free society. The president then created the FBI
while Congress was not in session.

The clearest and most reliable source of FBI history is the Church Committee Report, a congressional investigation of the Bureau conducted in 1975. According to this report, the FBI was in trouble by the 1920s when agents carried out the “Palmer Raids” that eventually rounded up 10,000 citizens in what was termed “indiscriminate arrests of innocent with the guilty” as well as “unlawful seizures by federal detectives.” The Church Committee also cited reports by legal scholars that “found federal agents guilty of using third-degree tortures, making illegal searches and arrests, using agents provocateurs.” A young man, J. Edgar Hoover, joined
the Bureau in time to take part in these raids .

By the 1950s Hoover, as head of the FBI, was one of the most powerful men in the country. He used his investigators to collect information on a broad range of public figures and had no scruples when it came to using that information to influence congressional votes or presidential decisions. It was under Hoover that COINTELPRO was born, a comprehensive system of surveillance that the Church Committee found “had no conceivable rational relationship to either national security or violent activity. The unexpressed major premise of much of COINTELPRO is that the Bureau has a role in maintaining the existing social order, and that its efforts should be aimed toward combating those who threaten that order.” Combating the civil rights movement, the American Indian Movement, and the anti-Vietnam War movement to be specific. The FBI served as thought police of the 1950s and 1960s.

The mindless destruction caused by COINTELPRO is still coming to light. Martin Luther King Jr. was a particular target. Over several years, the FBI wiretapped King’s home and office phones and put bugs in his hotel rooms. At the same time, it worked to deny him awards and honorary degrees, and even tried to prevent an audience with Pope Paul VI. Hoover was quick to exploit the results of the wiretaps, proof of King’s illicit affairs that he then had his agents mail to King’s supporters and to the media. Finally, the FBI mailed copies of bedroom tapes to King himself, along with an anonymous letter suggesting he commit suicide rather than having his wife, family, and the nation know about his marital infidelity.

The FBI vendetta against other African-American and Indian groups was just as brutal. Leonard Peltier sits in a federal prison today, framed for a murder that most historians doubt he committed. The role of the FBI in his extradition from Canada and the withholding of more than 12,000 FBI documents from his trial is another low point in the violation of civil liberties. Among the documents withheld was a ballistic test that proved that the fatal bullets could not have come from the gun tied to Mr. Peltier at the trial. According to Amnesty International, he is a “political prisoner” who should be “immediately and unconditionally released.”

The Church Committee Report was released in 1976. Senator Frank Church told the nation at that time that the FBI’s COINTELPRO had been “a sophisticated vigilante operation aimed squarely at preventing the exercise of First Amendment rights of speech and association.” He also reassured U.S. citizens “that never again will an agency of the government be permitted to conduct a secret war against those citizens it considers a threat to the established order.”  But by 1980, things were back to normal for the FBI, at least according to Frank Varelli, who infiltrated a CISPES office in Dallas for the Bureau that year. In an in-depth statement to Congress in 1987, he revealed a complicated but all too familiar pattern of surveillance, theft, and dirty tricks directed at this legal and nonviolent organization.

CISPES was founded to promote peace in El Salvador. Specifically, it worked to expose U.S. military aid that funded right-wing death squads operating there. Varelli was hired by the FBI as part of an “international terrorism investigation,” but his tactics included the familiar cameras and sound equipment in bedrooms, this time as part of an attempt to smear and blackmail the Dallas head of CISPES, a nun by the name of Sister Linda Hajak. Varelli also provided the Salvadoran National Guard with lists of U.S. citizens traveling there “who were not friendly to Reagan policies.” Just one year before Varelli supplied these lists, three nuns and one church worker, all U.S. citizens, had been raped and murdered in El Salvador by members of this same National Guard. The FBI has admitted to launching this investigation from 1981 through 1985 but has refused to reveal on what legal authority it did so. More than 50 CISPES offices were broken into during this period. In 1990, it was the turn of the environmental movement. Two activists, Judi Bari and Darryl Cherney, were arrested and accused of making and transporting bombs, a charge the FBI knew was false. Historian and writer,Howard Zinn’s testimony in a successful lawsuit against the FBI says it all. “It seems clear that the history of the FBI is consistent with the charges that it sought to discredit and ‘neutralize’ Judi Bari and Darryl Cherney, and the environmental cause they were working for, by smearing them publicly with sensational false charges of possession of a bomb,
and that it did not hesitate to violate their constitutional rights to achieve its ends.”

The fact that the average U.S. citizen is unaware of all of this is a testament to the FBI’s skill at public relations. Of course, the FBI has done some excellent crime fighting in its history. But even its campaign against the Mafia has been exaggerated in the media. Anti-crime efforts in places like Boston are now being exposed for what they were. The FBI  allied itself with certain crime families to arrest and take the credit for convicting members of other families. It was a little crime fighting and a lot of PR, a Hoover legacy that extends into the 21st century. How many movies and TV shows were influenced by the Bureau over the last 40 years? That is where you and I learned about the FBI. The FBI, as well as similar federal law enforcement agencies, has done a much better job of protecting us from dissent than of protecting us from crime for all these years. And as for terrorists, in the entire history of the FBI there were precious few of those caught among the tens of thousands detained, bugged, discredited, falsely charged, and publicly humiliated. Looking at the history of the FBI, is it any wonder that 19 men were able to board four domestic airliners and fly them with such deadly accuracy into their targets? They learned to fly at U.S. flight schools while the Bureau was busy tracking down and playing dirty tricks on students protesting free trade and the World Bank. Police forces all across this land have followed the
lead of the FBI in snooping.

The Denver Police Department revealed a 40-year program of gathering and storing information on the usual suspects: Sister Antonia Anthony, a 74-year-old nun who taught destitute Indians, and Shirley Whiteside, who with her husband ran a community soup kitchen. These were the types of people labeled “criminal extremists” in the database developed by Orion, a software company with ties to the Pentagon. When asked how more than 3,000 Denver citizens ended up with this label, the police said that it was up to each officer to “use his own judgment” in characterizing people. The label “criminal extremist” was often used when a person didn’t seem to fit any other category. There just doesn’t seem to be much hesitation when it comes to spying on and labeling this country’s citizens. It is done from the FBI all the way down to the local police.

On Friday, September 24, 2010, the FBI raided seven homes and an antiwar office. Fourteen activist in Illinois, Minnesota, and Michigan were also handed subpoenas to testify before a federal grand jury. The usual groups were targeted: the Twin Cities Anti-War Committee, the Palestine Solidarity Group, the Colombia Action Network, Students for a Democratic Society, and the Freedom Road Socialist Organization. All had been involved in the antiwar marches at the Republican National Convention in St. Paul.
Tracy Molm was one of the activists targeted in the early morning raid.

“I heard a pounding on my door in my apartment complex; that was pretty bizarre. I opened the door and they shoved their way in saying ‘We are FBI agents and we have a warrant.’ I was in my bathrobe and they told me I had to sit on my couch, and they were going to search my apartment. They pulled my roommate and a friend out of her room and told them to sit on the couch too. They took my phone from me. And they took my computer. They proceeded to go through everything in our apartment. If we wanted to go to the bathroom, a FBI agent had to come with us. We were told we could leave, but couldn’t come back. “I was outraged and stunned. I never thought in my wildest dreams that this could happen. Everything I have ever done has been around peace and justice issues around the world, and particularly U.S. foreign policy. So it was really surprising. I was on a delegation to the West Bank, in the occupied territories in 2004, which is six years ago. And they said this is in regards to that.” I have never much liked Benjamin Franklin’s famous quote about civil liberties: “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” It seemed a little elitist, suggesting that some people haven’t earned the right to enjoy freedom of expression. Perhaps they have no need for it, like the woman in Budapest saying that the secret police would never come for her. But maybe Franklin was simply saying he had done his part and the rest was up to us.

In many ways, we have failed Ben Franklin and we have failed ourselves. I like to think that there is still time to win back our basic civil liberties in the land of the free, home of the brave. To get involved, make a donation or find out more go to http://www.stopfbi.net.
Fred Nagel is an activist writer, filmmaker,and radio show host ; his website is classwars.org.

U.S. Supreme Court Expands Police Power, OKs Warrantless Searches Of Private Homes

In Uncategorized on May 19, 2011 at 9:32 am

Oldspeak: “Welp, so much for the 4th Amendment. ‘”How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and …forcibly enter?’ –Justice Ruth Bader Ginsburg. It’s not enough that the government can conduct warrantless wiretapping on your phone calls or email on mere suspicion of  ‘being a spy or terrorist’.  It’s not enough that police can use illegally obtained evidence to charge you with a crime. Now law enforcement can enter your home and conduct a warrantless search based on suspicious smells, sounds or manufactured “emergency”. As the Prison-Industrial Complex expands, your rights to privacy, individual freedom and due process are being obliterated. ‘There’s a time when the operation of the machine becomes so odious—makes you so sick at heart—that you can’t take part. You can’t even passively take part. And you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop. And you’ve got to indicate to the people who run it, to the people who own it that unless you’re free, the machine will be prevented from working at all.” –Mario Savio. When will the time come to stop this odious machine?!

By David G. Savage @ McClatchy-Tribune:

The Supreme Court on Monday gave police more leeway to break into residences in search of illegal drugs.

The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.

Residents who “attempt to destroy evidence have only themselves to blame” when police burst in, said Justice Samuel A. Alito Jr.

In a lone dissent, Justice Ruth Bader Ginsburg said she feared the ruling in a Kentucky case will give police an easy way to ignore the 4th Amendment. “Police officers may not knock, listen and then break the door down,” she said, without violating the 4th Amendment.

In the past, the court has said police usually may not enter a home unless they have a search warrant or the permission of the owner. As Alito said, “The 4th Amendment has drawn a firm line at the entrance to the house.”

One exception to that rule involves an emergency, such as screams coming from a house. Police may also pursue a fleeing suspect who enters a residence. Police were attempting to do that in the Kentucky case, but they entered the wrong apartment, raising the issue of what is permissible in situations where police have reason to believe evidence is being destroyed.

It began when police in Lexington, Ky., were following a suspect who allegedly had sold crack cocaine to an informer and then walked into an apartment building. They did not see which apartment he entered, but when they smelled marijuana smoke come from one of the apartments, they wrongly assumed he had gone into that one. They pounded on the door and called “Police. Police. Police,” and heard the sounds of people moving.

At this, the officers announced they were coming in, and they broke down the door. They found Hollis King smoking marijuana, and put him under arrest. They also found powder cocaine. King was convicted of drug trafficking and sentenced to 11 years in prison.

But the Kentucky Supreme Court overturned his conviction and ruled the apartment break-in violated his 4th Amendment right against “unreasonable searches and seizures.” Police had created an emergency by pounding on the door, the state justices said.

The Supreme Court heard an appeal from state prosecutors and reversed the ruling in Kentucky v. King. Alito said the police conduct in this case “was entirely lawful,” and they were justified in breaking down the door to prevent the destruction of the evidence.

“When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen may do,” he wrote. A resident need not respond, he added. But the sounds of people moving and perhaps toilets being flushed could justify police entering without a warrant, he added.

“Destruction of evidence issues probably occur most frequently in drug cases because drugs may be easily destroyed by flushing down a toilet,” he added.

The ruling was not a final loss for King. The justices said the Kentucky state court should consider again whether the police faced an emergency situation in this case.

Ginsburg, however, said the court’s approach “arms the police with a way routinely to dishonor the 4th Amendment’s warrant requirement in drug cases.” She said the police did not face a “genuine emergency” and should not have been allowed to enter the apartment without a warrant.