Newsletters

The
Defending Dissent Foundation
is the amalgam of the
First Amendment Foundation
and the
National Committee Against Repressive Legislation (NCARL)

Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

In Memory of
Frank Wilkinson,
Director Emeritus, and
Chauncey Alexander,
President Emeritus,
and all who went before

May 2008 PDF
****Alert ****
Late-breaking news: We've just learned that a back room deal may be brewing on FISA reform legislation. House leadership, which had earned our respect by standing up to the Bush Administration, may be ready to cave. They may be ready to expand the administration's surveillance powers and grant immunity to telecom companies who broke the law. Send an email today to Speaker Pelosi (americanvoices@mail.house.gov) and tell her that she must continue to stand up for the American people and the Constitution and refuse to compromise on FISA reform. The administration has all the surveillance power it needs, and immunity for telecom companies who broke the law is unacceptable. You can also send an email to your own Representative -- find their email at here

Dear Friends,

DDF was busy in April, as civil liberties issues took a front seat on Capitol Hill, in the courts and in the media. The news is mixed, but there are signs that Congress is waking up to their responsibility to counter the abuses of the Bush Administration. The House still has not caved in to the administration on warrantless wiretapping (although the forecast is not entirely sunny); both chambers are challenging Bush on other fronts as well. We’re gaining ground but it will take grassroots pressure to ensure that Congress doesn’t back down.

“Homegrown Terrorism” Victory
We reported to you a few months ago that DDF has pulled together a network of civil liberties groups to fight the “Homegrown Terrorism and Violent Radicalization Prevention Act” (H.R.1955 and S.1959). We are pleased to be able to declare victory against the bill, which is buried in the Senate Homeland Security Committee. Unfortunately, the committee plans to keep the issue alive by issuing a report about the threat of homegrown terrorism. That report could create problems.

The committee sponsored a series of hearings last year focused on the problem of homegrown terrorism and the testimony they heard was slanted toward repression of speech, religious and associational rights. We are concerned that the report could adversely affect the debate about security and freedom in the Congress and the media.

Working with our network of civil liberties groups, DDF is leading a campaign to influence the outcome of the report. The centerpiece of the campaign is a memo to the members of the committee (drafted by staff at the Center on Democracy and Technology, OMBWatch and the Washington Office of the ACLU). We are seeking organizational signatures on the memo (available here). The deadline for signers is May 30. DDF will also talk directly with sympathetic members of the committee and their staff to ask them to ensure an evenhanded report.

National Security Letters
DDF joined with dozens of organizations in sending a letter in support of both the House and the Senate version of the National Security Letters Reform Act (H.R.3189 and S.2088). The letter to the Senate was read into the record of a Senate hearing on national security letters (NSLs) on April 23. As we state in the letter, “The PATRIOT Act and Intelligence Authorization Act of FY 2004 drastically expanded the FBI's authority to obtain the business and personal records of Americans by issuing National Security Letters (NSLs). NSLs, which do not require prior judicial approval, can be used to obtain a wide range of documents based upon vague claims that the information is merely "relevant" to a terrorism investigation. Once the FBI acquires records with an NSL, it can keep them indefinitely, even when it concludes that the subject of those records is innocent of any crime and is not of intelligence interest.”

Both the House and the Senate versions of the bill include many beneficial reforms, including restricting the use of NSLs to suspects connected to terrorism or espionage; enhancing congressional oversight; and limiting the ‘gag’ that attaches to an NSL.

Although chances of either bill passing Congress (and being signed by the President) this year are slim, we must build momentum now in order to ensure reform under a new administration. The Senate Judiciary committee should pass this bill out of committee this year.

ACTION: Call on key Senators of the Judiciary Committee to sign on as co-sponsors of The National Security Letters Reform Act (S.2088). Key Senators are Sens. Whitehouse (D-RI), Leahy (D-VT), Feinstein (D-CA), Schumer (D-NY). Call the Capitol switchboard at 202-225-3121 and ask for the office of the Senator you wish to talk to.

State Secrets Privilege
Time and time again in the past few years, we have seen important lawsuits dismissed before any evidence can be heard. Trials that could have exposed government abuses from torture, kidnapping, rendition and warrantless eaves dropping have been blocked by judges hoodwinked by defense claims of ‘state secrets privilege’. In February, we reported that Senators Kennedy and Spector had introduced a bill to make it harder for the government to use the state secrets claim to stop a lawsuit that could expose government misconduct. The State Secrets Protection Act (S.2533) passed its first hurdle, being voted out of committee earlier this month.

The Bush Administration is against the bill, using a letter from Attorney General Mukasey to issue a veto threat. At this point, it looks unlikely that the bill will even make it to the floor of the Senate, but we will continue to monitor its progress and keep you posted.

California Teachers, Free at Last
Now here is a bill that those of you who have been involved in this organization since our National Coalition to Abolish HUAC days will really love. After half a century or so, California teachers may get their First Amendment rights restored. State Sen. Lowenthal has introduced a bill (S.B.1322) in the California State Senate to eliminate the state’s loyalty oath and repeal the law that allowed the firing of public school and community college teachers who are Communist Party members. The bill has passed through several committees, and Sen. Lownthal’s staff informs me that in the California state legislature, every bill gets a vote. The prospect of passage is good – but folks who live in California can give their Assembly member and State Senator a call and ask them to support the bill. (Contact information is available at www.legislature.ca.gov)

Trouble for California Social Justice Activists

More for our California readers: the California Assembly will soon be considering a dangerous bill, the California Animal. Assemblyman Gene Mullin introduced AB 2296 in February to limit citizens' free speech rights on the Internet. The Internet has been the subject of repressive legislation nationally (e.g. H.R.1955 / S.1959) and now CAEPA on the local level. This is making citizens otherwise exercising their free speech rights on the Internet responsible for others' criminal activity. Posting information on a website about individuals in connection, for expample, with an email protest campaign, may expose the one posting that information to criminal liability for whatever criminal activity any third party decides to engage in. That means that even if that third party is never caught, the one posting the information is potentially liable even if he never authorized or ratified that activity and even if that third party is unknown. The bill has passed unanimously in the House Judiciary Committee and has been referred to the Appropriations Committee. You can find out more about the bill, and send an e-mail to your California Assemblymember here.

UPDATE NUGGETS
Congress will attempt to pass a ban on waterboarding a second time this spring. The Senate Intelligence Committee voted to add a measure to the Intelligence Authorization Bill restricting the CIA to interrogation techniques explicitly allowed in the Army Field Manual.

Look for the FISA debate to reignite soon because some surveillance orders authorized under the Protect America Act will begin to expire in August. Conservative House Democrats (known as Blue Dog Democrats) have been targeted with radio attack ads by outside interest groups. Republicans in the House have mounted a discharge petition campaign to force a vote on the Senate-passed FISA bill (which, among its many faults, does grant immunity to Telecom companies that gave customer data to the government). In order to force a vote, Republicans need to get 218 signatures on their petition, they currently have 189.

Terrorist Watch List
Last month we reported on the Justice Department’s audit of the Terrorist Watch List (officially the Terrorist Screening Center Watch List). The audit concluded that the list was rampant with errors. Now we find out the list includes Nelson Mandela and other prominent South African leaders who are members of the African National Congress (ANC). When Mandela wants to enter the U.S., his name is flagged and he requires a special waiver from the State Department. Secretary Rice is quoted in USAToday saying it was ‘rather embarrassing’ to have to issue special waivers for the likes of Mandel and South Africa’s Ambassador to the U.S. Even Michael Chertoff, Secretary of the Department of Homeland Security (DHS) admits that it does defy common sense to have members of the ANC on the list.

The ANC was declared a terrorist organization by the South African government in the 1970’s, and the U.S. government followed suit. Apparently no one ever got around to taking it off the list. One does have to question Secretary Rice’s judgment that she continued to approve waivers for Mandela and his colleagues, rather than removing their names from the terrorist watch list.

In order to correct this glaring error, on April 30, Rep. Howard Berman (D-CA) introduced legislation to exempt the ANC from treatment as a terrorist organization (H.R.5690). Unfortunately the bill does nothing to remove the names of unknown numbers of travelers who have found themselves at the mercy of the terrorist watch list (see below).

Terrorist Watch List II
Akif Rahman and Oussam Jammal, U.S. citizens living in suburban Chicago, have been repeatedly stopped when returning home from abroad. They joined in a lawsuit with six other U.S. citizens to find out if their names are on the terrorist list. The administration argued that information is a state secret, but a U.S. Magistrate Judge didn’t buy it, and ruled in April that DHS must tell them if their names are on the watch list. The judge will also review their FBI files to decide if the plaintiffs can see them. The government is appealing the ruling.

Terrorist Watch List III
During an April 1 Senate Finance Committee hearing on anti-terrorism financing, Chairman Baucus questioned whether the administration is being aggressive enough in establishing links between charities and terrorists. He had no facts on which to base his assumption that there is a serious problem of charities funding terrorism. One of the possibilities raised to address this (unfounded) concern was to have IRS personnel check U.S. charities and their staff against the Terrorist Screening Center Watch List rather than the more narrow terrorist list maintained by the Treasury Department. This is exactly the wrong use for the faulty list.

Privacy & The Department of Homeland Security
The National Applications Office sounds innocuous enough, but watch out. The NAO was established by the Department of Homeland Security last year to compile data from traditional law enforcement monitoring equipment such as radars and chemical detectors and from a new source: our most advanced spy satellites. The domestic use of spy satellites raises obvious civil liberties concerns, and last fall, members of the House Homeland Security Committee forced DHS to delay activation of the domestic spy satellites until an acceptable legal framework for their use is adopted.

However, Homeland Security Secretary Michael Chertoff is so excited about his new toy that he wants to start playing with it NOW. He announced in April that the Department will activate the domestic satellite surveillance, starting with less invasive activities such as surveying hurricane damage and making terrain maps. He says the spy satellites won’t be used for law enforcement purposes until lawmaker’s concerns are addressed, although he does not seem to take their concerns seriously. DDF objects to Chertoff’s determination to launch the program before allowing public debate on the use of new technologies against Americans, and the questionable role the military may play in this domestic surveillance program.

Goin’ Fishin’? Bring your passport
An alarming new trend has emerged threatening our right to travel within our own country without a passport or official ID. In New York and Washington State, immigrants are the target of both border patrol agents and Immigration and Customs Enforcement (ICE). In New York, ICE has been boarding buses and detaining those who are not U.S. citizens. In Washington State, border patrol agents have asked passengers on ferries if they are citizens, and arrested those who give the wrong answer. In Michigan, the target is Lake Erie charter fishing boats and their passengers. Although technically the boats sometimes venture into Canadian waters in pursuit of fish – they don’t dock or come close to the Canadian shoreline. Still, DHS is requiring all passengers to have a passport or two other IDs and submit their names, birthdates and government ID numbers an hour before they go fishing in order to be checked against the terrorist watch list. When the fishing trip is over, all passengers will have to check in with Customs and Border Protection.

Corporate Spies
Sometimes we have to be reminded that it isn’t just government spies we need to watch out for. Corporations who come under attack from environmental, animal rights and farm worker rights activists fight back. And they don’t fight fair.

The Coalition of Immokalee Workers (CIW), a farm worker advocacy group based in Florida has waged effective campaigns to pressure McDonalds and Taco Bell to pay an extra penny per pound for tomatoes to increase the wages of tomato harvesters. CIW is now engaged in a campaign to convince Burger King to do the same. Burger King is fighting back (because it could cost them as much as $300,000 out of their corporate earnings of $2.2 billion last year). Anti-CIW rants posted on YouTube and other internet sites came from suspicious email addresses: one was traced to BK headquarters in Miami, another belonged to the middle school daughter of a BK vice-president. The girl told a reporter for the Fort Myers (FL) News-Press that it was her father who wrote the posts using her email account.

That’s just the Mickey Mouse stuff, it gets worse. The Student Farmworker Alliance (which works with CIW) was infiltrated by a woman claiming to be a student, but who turned out to be the owner of a security firm called Diplomatic Tactical Services. Her real identity was discovered before she could do any damage.

An article on the Mother Jones Magazine website (“Exclusive: Cops and Former Secret Service Agents Ran Black Ops on Green Groups”) paints a worrisome picture of just one security firm’s efforts to keep their clients informed about the inner-workings of a variety of environmental groups. The firm, Beckett Brown International (now called S2i) passed on information from confidential meetings, financial records, emails and strategy documents from Greenpeace and other environmental groups to their clients. S2i used a variety of tactics from dumpster-diving to infiltrating groups and spying on offices and staff.

Pentagon Propagandists Promote War
In 2004, the Bush administration paid $240,000 to Armstrong Williams, a conservative columnist, to say that he supported the No Child Left Behind Law. So, it comes as no surprise to learn that the Bush administration recruited 75 retired generals to sell us on the Iraq war. Starting in 2002, before the war began, these ‘analysts’ attended special Pentagon briefings and used Pentagon talking points when they appeared on Fox, CNN, ABC, NBC, CBS and MSNBC. But they never disclosed their special relationship with the Pentagon to viewers. They also never disclosed their ties to military contractors or their obvious conflict of interest in supporting a war they would profit from. Following a New York Times expose on the program, the Pentagon has halted the practice – but the damage remains.

Was it illegal ‘covert propaganda’ aimed at Americans? It certainly appears so; the generals did not disclose their special relationship with the Pentagon, or the fact that their insights came straight from Pentagon talking points. And it was certainly an attempt to mold public opinion to support the war.
There are two culprits here: An administration that developed and implemented a program that they certainly knew was illegal, and the mainstream media who all too willingly put these generals on the air.

ACTION:
Contact your members of Congress to demand that Congress hold hearings. Capitol Switchboard: 202-224-3121.
Contact these media outlets to ask them to take action to ensure that the news will no longer serve as a conduit for Pentagon talking points. Ask them to expand the range of independent sources that provide commentary on the war.
ABC News: netaudr@abc.com; 212-456-7777
CBS News: Linda Mason, Sr. VP, lsm@cbsnews.com; 212-975-8504
CNN: vcm@cnn.com; 404-827-1500
Fox News Channel: comments@foxnews.com; 212-301-3000
NBC News: David McCormick, VP, david.mccormick@nbc.com

April 2008 PDF

Dear Friends,

As primary season drags on, organizers in St. Paul (site of the Republican National Convention) and Denver (Democratic National Convention) are fighting city bureaucracies for the right to hold demonstrations at the convention sites. Defending Dissent Foundation strongly supports the free speech rights of the demonstrators. We’ll work with organizers, and keep you informed along the way. Our first action alert for the right to protest at the conventions is on the last page of this newsletter.

LEGISLATIVE
FISA Reform
On March 14, the House passed a FISA reform bill (H.R. 3773, the RESTORE Act) that did not include retroactive immunity for telecom companies, but did include some of the civil liberties protections we had been demanding. The bill was far from perfect in our eyes, but it was just good enough to earn a veto threat from President Bush, and accomplish the goal of denying him his preferred bill that would have trampled our rights while granting immunity to phone companies who illegally handed over email and phone data of innocent Americans. It appears that the House and White House are at a stalemate. President Bush is willing to give up the surveillance powers he has claimed were crucial for national security, in order to achieve immunity for the telecoms – while the Democratic leadership in the House appears willing to stand firm against immunity.
Action: This battle over FISA reform is lasting much longer than any of us expected. You may be experiencing FISA fatigue, but we encourage you to call Speaker Pelosi to thank her for standing up for the rule of law in the FISA debate (and of course, ask that she continue to stand up to Bush on this matter). Her office is: 202-225-0100.

Torture
On March 7, President Bush vetoed HR 2082 (Intelligence Authorization Act for FY 2008), which would have prohibited the CIA from torturing suspects. Specifically, the bill prohibited the use of any interrogation techniques not explicitly authorized by the 2006 Army Field Manual. The House failed to override the veto on March 11.

EXECUTIVE BRANCH
For updates and more information on surveillance abuse and political witch hunts, as well as resources to expand civil liberties, free speech and the right to dissent, please visit the collaborative website: www.stopspying.us

Terrorist Watch List
Over the years we’ve heard the silly stories: Sen. Edward Kennedy, singer Cat Stevens and ‘Cat’ Stevens (wife of Alaskan Republican Senator Ted Stevens) have all turned up on the terrorist watch list. And, we’ve heard the stories that cause even more concern, anti-war activists and other dissenters not allowed to fly because their names are on the list.

The Justice Department (DOJ) released an audit of the Terrorist Watch List this month, confirming that the list is inaccurate and outdated. Due to flawed data supplied by the FBI and other agencies, the list includes names of innocent people, while omitting the names of people who may truly pose a threat.

The FBI has primary responsibility within the DOJ for ‘nominating’ people to the list, and updating the records of those they have nominated (including deleting people from the list after they have been cleared of suspicion). The audit found a myriad of problems with the way data is added and updated: FBI agents neglecting to file timely and complete nominations of suspected terrorists; FBI neglecting to take innocent people off the list once they are cleared; other DOJ agencies (Bureau of Prisons, Drug Enforcement Administration and others) adding names to the list, but not removing or updating them when appropriate; names inadvertently being added to the list.

According to the audit, the FBI has regularly been adding about 3,000 names to the list each year. The Intelligence agencies as well as other government entities also add names to the list. This audit covered only the names added through Department of Justice agencies, calling into question the reliability of the bulk of the names list, which are provided by other agencies at the rate of 20,000 names per month.

We’ll Do Better Next Time (We Promise!)
The Department of Justice Office of the Inspector General has just issued a review of FBI use of National Security Letters, finding once again, that the FBI has improperly used the letters to obtain private information about Americans in 2006. National Security Letters, or NSLs allow the FBI to get data from phone companies, banks, internet service providers and other businesses without a judge’s approval. The FBI also has the authority to place the recipient of the order under an indefinite gag order. According to the Inspector General, the FBI issued 50,000 NSLs in 2006, and 30,000 of those NSLs targeted Americans.

The Inspector General’s report was a follow-up to a report issued in March 2007, which looked at the FBI’s use of NSLs from 2003-2005 and found serious problems. The new report found that violations had actually increased in 2006. In testimony before Congress a week ahead of the release of the new report, FBI Director Robert Mueller admitted to the continued misuse of NSLs, but claimed that the FBI has recently put into place new guidelines and procedures to prevent abuse. He also mentioned a bridge in Brooklyn we might like to buy….

The Inspector General’s report revealed more FBI actions around NSLs that raise concerns. The initial report (in March 2007) had revealed that the FBI had issued over 700 exigent letters (intended to be used in emergencies) in non-emergency situations from 2003-2005. The FBI was supposed to get back to the communications companies with a proper NSL, but never did. Thus, they had a stash of improperly obtained data. In an attempt to clean up this mistake, the FBI issued 11 improper ‘blanket’ records demands in 2006 to retroactively justify the collection of the data.

Perhaps more troubling is one case cited in the report: the FBI issued NSLs in defiance of the FISA court, which ruled twice that agents were improperly investigating activities protected by the First Amendment. The FBI general counsel disagreed with the FISA court and told investigators it was appropriate to issue the letter.

Both the House and Senate Judiciary Committees will hold hearings on NSLs in mid-April. Several bills have been introduced in both chambers to address the abuse of NSLs – our May issue will analyze the legislation and provide action steps.

Déjà vu all over again…
In the 1980s, the Committee in Solidarity with the People of El Salvador (CISPES) was at the forefront of the Central America Solidarity movement. In 1981, the FBI undertook an investigation of CISPES for allegedly acting as a foreign agent of the FMLN, a leftist political party in El Salvador. It was the beginning of a campaign of harassment and illegal surveillance of CISPES that lasted until 1987. (Find a link to Chip Berlet’s “The Hunt for Red Menace: The FBI Probe of CISPES” on our website).

Imagine the dismay in the CISPES offices in January when the Department of Justice sent a letter inquiring about the organization’s relationship with the FMLN, evoking the Foreign Agents Registration Act (FARA). “In the 1980s the Department of Justice set out to intimidate and repress the powerful Central America solidarity movement,” said Angela Sanbrano, CISPES Executive Director during the FBI investigation of the 1980s. “The infamous witch hunt was a complete failure, and yet the Bush Administration has the nerve to return to the original tactics of using an ambiguous law – FARA – to threaten CISPES again.”

For now, CISPES has informed the Justice Department that it is not an agent of the FMLN, therefore not required to register under FARA. We will continue to monitor this situation if the Justice Department continues its unjustified inquiry.

Intelligence Oversight Board
In 1976, after the Church Committee brought to light the vast abuses of U.S. intelligence agencies, President Ford issued an executive order that created the independent Intelligence Oversight Board. The board is made up of private citizens with top-level security clearances charged with overseeing U.S. intelligence agencies.

On February 29, President Bush signed a new executive order greatly reducing the oversight authority of the board. The board will no longer have the power to refer matters to the Justice Department for investigation, they will no longer report unlawful activity to the president and attorney general. Each agency director had been required to file a quarterly report with the board, now it will be at the director’s discretion. Bush gave no reason why these changes were necessary. Indeed, the board has been a pretty blind and toothless watchdog since 2000. The Washington Post reported in July 2007 that the board had not filed a single report during the first 5 ½ years of the Bush Administration, in spite of the fact that the FBI had reported hundreds of violations to the board in that time period.

Many of the hard-won reforms of the post-Watergate era have fallen by the wayside under the Bush Administration: the ban on assassinations (justified by Bush because it is wartime); the prohibition on the NSA and other foreign intelligence agencies from gathering info about Americans; the ban on warrantless wiretaps of Americans……

CASES
Parallel rulings in two military trials
The Pentagon has been fighting defense lawyers in two military cases, trying to restrict access to information and witnesses. Judges in both cases ruled in March in favor of the defendants.

Salim Ahmed Hamdan, known as Osama bin Laden’s driver and bodyguard is accused of being a co-conspirator in the 9/11 attacks. His lawyers won the right to question seven prisoners held at Guantanamo, including the alleged mastermind of the attacks, Khalid Sheik Mohammad. The judge rejected the national security arguments made by the Pentagon attorneys, developing a plan he says will allow the questions to be asked while safeguarding national security: defense attorneys will submit their questions to an independent security officer who works for the judge (not the prosecution). The security officer will oversee the translation and possible deletion, redaction or summarization of any answers to ensure that no secrets are revealed or messages passed on from the captives.

In another case, that of Canadian Omar Khadr, the army judge ruled in favor of the defense on five questions, forcing the Pentagon to provide more information during the discovery phase of the trial. His rulings will allowing the questioning of U.S. army personnel and require that the Pentagon turn over records and notes from all interrogations of Khadr.

Both Hamdon and Khadr will face military commissions this summer.

Action Alert:
Tell St. Paul officials to grant permit for RNC anti-war march

Organizers of a planned protest at the Republican National Convention have alerted us that city officials are dragging their feet in issuing a permit for the demonstration.

The Coalition to March on the RNC and Stop the War, made up of more than 100 organizations from across the country, has been seeking permits for this demonstration since days after the Republicans announced they would hold their national convention in Minnesota. While organizers have a permit to assemble and rally at the State Capitol, the City of St. Paul continues to withhold a permit for a march on the Xcel Center, where the Convention will be held.

For months, City officials promised that the permit process would move forward at the beginning of March. On March 3rd, the Coalition finally received a formal response to its application: a "provisional" permit to begin a march at the State Capitol on September 1st, with no route or times. The document the Coalition received was a mostly-blank form, and was accompanied by a set of guidelines that unreasonably restrict the rights of any protesters planning actions during the 2008 Republican National Convention.

Attorneys from the NLG and the ACLU have filed a complaint in federal court on behalf of the Coalition, but political pressure is no less important than legal pressure. Organizers shouldn't have to wait for a court ruling to force the City to issue a permit.

Supporters of the right to dissent can contact St. Paul Mayor Chris Coleman. Urge him to deliver a final permit to the Coalition to March on the RNC and Stop the War. The permit should allow a march from the State Capitol to the Xcel Center on September 1, 2008. Mayor Coleman can be reached at 651-266-8510 or mayor@ci.stpaul.mn.us.

Please send a copy of your message to us at info@defendingdissent.org.
<><><><><><><><><><><><><><><><><><><><><><>
Sue Udry
Director

P.S.
Here is a great way to support the work of the Defending Dissent Foundation: Use GoodSearch to find whatever you are looking for on the web. Go to www.goodsearch.com and enter Defending Dissent Foundation as your charity. We’ll get a small donation every time you use this search engine. (It all adds up!

March 2008

Dear Troublemakers,

Congratulations! If you made even one phone call to Congress during the debate over FISA this winter, you deserve a pat on the back. (If you didn't make a phone call, see below to rectify the situation!) For now, things look pretty good: the Constitution-Busting Protect America Act has expired and the House has not caved in on warrantless wiretaps or telecom immunity in spite of an all out propaganda war. Our voices were heard and listened to... at least for the time being.

LEGISLATIVE

House Stands Strong

I, for one, do not intend to back down - not to the terrorists and not to anyone, including a President, who wants Americans to cower in fear. We are a strong nation. We cannot allow ourselves to be scared into suspending the Constitution. If we do that, we might as well call the terrorists and tell them that they have won. - Rep. Silvestre Reyes (D-TX) in a letter to President Bush, February 14, 2008 On February 16, the House allowed the Protect America Act (PAA) to expire without passing a replacement. PAA was the bill rammed through last summer to revise the Foreign Intelligence Surveillance Act (FISA). The Bush Administration fought against an extension of the PAA, hoping to force the House to pass the Senate replacement (S. 2248). The House refused to vote on the Senate bill, wanting to maintain some of the provisions of the House version of the bill, known as the RESTORE Act (H.R. 3773). Congress is following the normal legislative procedure - each chamber passes their version of a bill, then a conference committee of Senators and Representatives hammers out a compromise. This has made the Bush Administration hysterical! They want the House to adopt the Senate bill primarily because it grants immunity to telecom companies. So far, the House has refused, but they are working on a compromise bill which could come to a vote in the first or second week of March. It is important for us to raise our voices once again!

Action: You've called before, but we encourage you to call one more time. Call the Capitol Switchboard at 202-224-3121. Ask to be connected to your Representative and both Senators. Tell them: * Vote NO on any FISA bill that doesn't require warrants when communications involve Americans or people in the U.S. * Vote NO on immunity for telecoms.

Homegrown Terrorism Prevention Act

DDF continues its campaign against the Violent Radicalization and Homegrown Terrorism Prevention Act (H.R.1955, S.1959). We are currently gathering signatures of organizations on a letter opposing the bill to be sent to key Senators. Contact Sue at DDF if your organization is interested in reading and signing the letter. The deadline is April 1. We've also launched a website: www.stopspying.us with resources and information about the bill.

EXECUTIVE BRANCH

Bush's Shell Game

In January we reported that the Open Government Act of 2007 (S.2488), which strengthened the Freedom of Information Act, flew through Congress and was signed by Bush on New Year's Eve. One of the points in the bill that we particularly liked was the creation of a government-wide ombudsman at the National Archives. We are used to Bush using signing statements to undercut legislative intent, but this time, he has opted for a different tactic. In his budget for FY2009, Bush put the ombudsman's office in the Justice Department. This creates an obvious conflict of interest since it is the Justice Department that defends other government agencies in FOIA disputes. It will be up to Congress to move the ombudsman's office to the Archives during the budget process. We'll stay tuned.

The Strength of FOIA

Last month researchers at the Federation of American Scientists found themselves (and the rest of the public) suddenly shut out of an online Army library, which was a treasure-trove of unclassified army manuals and documents. Since the documents in the online library had already been cleared for public access, this action was uncalled for. The Federation of American Scientists immediately filed a Freedom of Information Act (FOIA) request; the Army has backed down and says it will restore access to its online library. This is a great example of the power of FOIA.

CASES

RICO suit is a bunch of baloney

We've seen the 1970 Racketeer Influenced and Corrupt Organizations Act put to some pretty questionable use over the years in order to quash free speech. Here is a new one: Smithfield Foods, a giant hog farming and processing company, is citing the RICO Act to sue the United Food and Commercial Workers International over its organizing activities.

Smithfield is saying that union organizing efforts, which include boycotts, getting support from city councils, press releases, coalition building and protests violate RICO and amount to extortion. So they are suing, asking for $17 million and demanding that the union stop using its most successful organizing methods. Specific examples of 'racketeering' cited in the lawsuit include union members testifying at an environmental hearing, union efforts to get city councils to pass resolutions condemning Smithfield's unfair labor practices and protests at appearances of a celebrity chief who promotes Smithfield products. It would be funny if only the Federal Courts were laughing too. Unfortunately, Judge Robert Payne, a Federal District Judge in Richmond VA refused the motion to dismiss. A trial is scheduled for October.

DDF has signed on to a statement condemning the lawsuit, for its focus on First Amendment sanctioned activities, specifically the right to petition the government. The statement points out that if this lawsuit were to be successful, "groups and individuals of all political stripes could be legally barred from petitioning City Councils and speaking out publicly on any issue -- be it corporate abuse, abortion, immigration, the environment, animal rights, or religious freedom."

Lawsuit Dismissed: State Secrets Cited

PSSST, you know that secret CIA extraordinary rendition program that everybody knows about? It is still off limits in the courts. A U.S. District Court in California dismissed a case against a Boeing Company subsidiary accused of knowingly supporting the illegal rendition flights. The ACLU argued that the rendition program has been made public, but the court ruled that the subject matter of the case (covert operations) was a state secret, so the case must be dismissed.

Supreme Court Rejects Case

The Supreme Court gave no reason earlier this month when it decided not to hear a case challenging the legality of the NSA wiretapping program. A lower court had dismissed the case last summer, arguing that the plaintiffs had no standing, since they couldn't show that they had been harmed by the program.

The plaintiffs included journalists and educators, and they argued that they had indeed been harmed in their efforts to communicate with sources overseas, who were necessarily less forthcoming due to the fear of NSA eavesdropping.

We're not having much luck with these cases against the illegal wiretap program, which continue to get thrown out of court because plaintiffs can't prove that their communications were tapped. Even when plaintiffs can prove they were subjects of the program we can't seem to win. For example, a Muslim charity in Oregon received documents indicating they had been targeted by the program, but their case was still thrown out because the documents had been sent to them in error. The judge in the case ruled that the documents were inadmissible as evidence.

Cases like these highlight the importance of the congressional battle over FISA, especially the right for cases against the telecoms to go forward.

HISTORY

Were you on the list?

On July 7, 1950, J. Edgar Hoover sent a plan and a list of 12,000 names to the White House. These were Americans he suspected of disloyalty, and his plan was to suspend habeas corpus and permanently imprison them all at military bases and federal prisons. 97% of the people on the list were U.S. citizens, but that didn't bother Hoover. His plan included eventual hearings for prisoners, before a panel of one judge and two citizens. But, the document reveals, the hearings "would not be bound by the rules of evidence".

No evidence has come to light to suggest that any part of this plan was approved, or implemented. However, Congress laid the groundwork by passing a law in September 1950 allowing the detention of 'dangerous radicals' if the president declared an emergency, which Truman did in December 1950 (when China entered the Korean War).

Hoover's list is a precursor to the current 'terrorist watch list', currently numbering over 755,000 (according to USA Today, 10/23/07). (Wouldn't he be proud?)

The document was recently declassified, along with other cold war documents dating from 1950 - 1955 as part of a new volume of "The Foreign Relations of the United States".

Finding Our Voices

A new independent film celebrates dissent and those who spoke out against the war in Iraq in a new documentary, Finding our Voices: Stories of American Dissent. To challenge the dominant national view takes deep conviction and deeper courage. For information visit: www.findingourvoices.com.

Join the FISA Truth Squad

The Bush Administration and their allies have launched an all-out fear campaign to mislead Americans about the government's surveillance operations. The falsehoods are being parroted in national and local media around the country. Local activists can play an important role in countering the misinformation. If you see or hear any of these false charges make sure to refute them with letters to the editor, calls to radio programs, etc.

Myth: Our intelligence has 'gone dark' and we no longer have the ability to listen in on al qaeda communications.
* The National Security Agency (NSA) has authority under Executive order 1233 to conduct surveillance abroad without a warrant on any known or suspected terrorist.
* Although the Protect America Act has expired, the NSA can use its authority to continue surveillance on foreign terrorist targets here in the U.S. The authority extends through August 2008.
* The NSA or FBI can use its authority under FISA to monitor communications of previously unknown terrorist organizations. In its 30 year history, the FISA court has denied only a handful of warrant applications. In an emergency, surveillance can begin immediately and a warrant obtained within 3 days.

Myth: FISA is 'outdated'.
* FISA has been modernized and updated 11 times since 9/11.
* Agents operating under FISA were able to disrupt a terrorist plot in Germany last summer.
* The House-passed RESTORE Act updates FISA, but is opposed by the Administration because it doesn't grant telecom immunity. Bush has vowed to veto any revision that does not include immunity. What gives? Either he is willing to risk our security over telecom immunity, or the revisions to the law are not really necessary for our security.

Myth: Telecoms won't cooperate without retroactive immunity.
* Telcoms are required to cooperate with legal wiretap orders. That provision was part of the original FISA, and remains in force.
* Telecoms that obey the law and cooperate with legal orders are automatically granted immunity for their lawful cooperation. This was also part of the original FISA law and remains in force.
* It isn't cooperation from the telecoms the Bush Administration is so worried about. Their concern is that the trials will shed light on the extent of the warrantless wiretap program. How many Americans had their communications swept up in the program?

Myth: Democrats in Congress refuse to grant telecoms immunity so trial lawyers can get rich. * The Electronic Frontier Foundation and the ACLU of Illinois are overseeing five coordinated class action lawsuits pending against the telecoms. There are some private law firms working with these non-profits, at least one is doing the work pro bono. <><><><><><><><><><><><><><><><><><><><><><>

Sue Udry Director

Dear Troublemakers,

Please visit our website, which is improving every day:   www.defendingdissent.org

We welcome your feedback on the site and the information we post.

DDF NEWS

DDF launches network on Violent Radicalization and Homegrown Terrorism Prevention Act

            In December, we reported on our concern about a bill that had overwhelmingly passed the House of Representatives.   H.R. 1955 seeks to prevent homegrown terrorism by using methods that remind us too much of COINTLPRO and HUAC. The bill is currently stalled in the Senate Committee on Homeland Security and Government Affairs, but could be resurrected at any moment.  DDF is building a network of civil liberties groups to work on the bill.

            Our initial meeting attracted 19 national organizations who are concerned about the bill in whole or in part.  The groups involved divide into two camps – those who believe the bill can be improved and turned into a positive piece of legislation and those who are troubled by the basic premise of the bill.  Groups taking the former view are more concerned about the possibility of far worse legislation being introduced by Sen. Lieberman (the Chair of the Homeland Security Committee).  In the latter camp, there is grave concern that the bill focuses too much on thought rather than actual criminal behavior. It also fails to consider the impact of external conditions and events, including government policies and actions, in leading to violence. All agree that the bill as currently written is dangerous and unacceptable.

            Actions going forward will include a sign on letter, delegations to meet with Senate Homeland Security Committee staff, and broader education efforts about similar initiatives.  Individuals and organizations interested in participating in the network should contact DDF.

LEGISLATIVE

More FISA Mess

            As we go to press, the Senate is debating amendments to the FISA bill, and will likely have passed an unacceptable bill by the time you read this.  Since the Senate version will differ from the House version, a conference committee will be formed to reach a compromise.  After that, the compromise version will go to both the House and the Senate for a final vote.  Congressional leadership aims to have this finished before February 15, when the Protect America Act will expire.   At this point, Bush is threatening to veto any bill that contains even basic civil liberties protections or omits telecom immunity.

Action:

Calls to your Senators and Representative telling them – Vote No on any FISA bill that does not: require warrants for surveillance of Americans, prohibit bulk collection of data, prohibit use of illegally obtained information, and hold telecoms accountable for breaking the law.  Call the capitol switchboard at 202-224-3121.

State Secrets Privilege

            Senators Kennedy and Specter have introduced a bill, The State Secrets Protection Act (S. 2533), that could address most of the abuses of the government's use of the state secrets privilege.

            The privilege was recognized by the Supreme court in 1953 (U.S. v. Reynolds) as a way for the government to withhold evidence that would risk national security.

The state secrets privilege has been rapidly expanding in recent years, as the government has used it to keep cases from even being heard.   For example, the El-Masri case was dismissed at the pleading stage before any evidence could be heard (even evidence that was already public and unrelated to any state secret).   El-Masri was an innocent victim of the CIA’s extraordinary rendition policy.

            On the positive side, S. 2533 would not allow cases to be dismissed at the pleading stage due to the state secrets claim; the bill would require that a judge review the allegedly secret evidence to determine if it does contain state secrets; if the evidence is deemed by the judge to contain state secrets, the bill would require the judge to decide if a non-privileged substitute could be crafted.

            The bill is potentially problematic in that it allows cases to be thrown out if necessary evidence is protected under the state secrets privilege and no substitute can be crafted.  

DISSENT

Finding a place to Protest…

…Could get more difficult in D.C.

            The National Park Service is developing plans to renovate the National Mall – the site of many historic First Amendment protests and rallies.   DDF and others are working to ensure that any changes don’t adversely impact first amendment rights.  Specifically, one of the options would construct a 'town hall' area for rallies and protests at the end of the Mall closest to the Capitol Building.   While this would provide a pleasant site (including bathrooms and seating) for smaller protests, DDF is seeking assurances from the Park Service that protests will not be limited to this space or limited in size.  In addition, the Park Service is considering a prohibition on structures (such as stages and sound systems) that would temporarily obstruct the view from the Washington Monument to the Capitol.

            You can read about the different plans for the Mall, and register your input at their website: http://www.nps.gov/nationalmallplan/

…Just got easier in N.Y.C.

The N.Y.C. Parks Department agreed to rescind its regulation limiting public events on the Great Lawn in Central Park.  The city had always maintained that the rule was in place to protect the lawn, but in effect the rule denied permits for antiwar protests.  The city was ordered to pay $25,000 each to the National Council of Arab Americans and the Answer Coalition, who were denied permits for a rally on the Great Lawn before the Republican National Convention in 2004.  They also were awarded $500,000 in for attorney's fees.  The city will undertake a study of "the optimum and sustainable use of the Great lawn for large events", and provide recommendations.  The plaintiffs have the right to reopen the case if they find the recommendations unsatisfactory.

…Is easy as pie in Berkeley…

            The Berkeley City Council voted to give the anti-war group CodePink a parking space in front of a Marine Recruiting office.  The parking space is for the exclusive use of CodePink on Wednesday afternoons when they hold a weekly protest in front of the recruiting office. 

License Plates, the New Bumper Sticker

            Specialty license plates are a growth industry, allowing motorists to advertise their alma mater, their political views or their favorite sports team.   Recently though, license plate commissions in both Missouri and Arizona denied applications to advocacy groups who sought to put an anti-abortion message on license plates.   In both states, courts ruled that the denials were unconstitutional.   As more advocacy groups seek publicity through specialty plates, we can expect more of these cases.

CASES

Westboro Baptist Church

            A federal judge ruled that the church’s tasteless protests at military funerals do not enjoy absolute First Amendment protection.   Last year, a jury had awarded $10.9 million in damages to the family of a fallen soldier.   The judge reduced the award to $5 million but ruled that “the First Amendment does not afford absolute protection to individuals committing acts directed at other private individuals”.    He upheld the jury’s verdict that the church was guilty of inflicting emotional distress and invasion of privacy.

Padilla

            After more than five years, the case against Jose Padilla has ended in something of a defeat for the government, but hardly a victory for Mr. Padilla, Justice, or our legal system.  His sentence of 17 years was far less than the life in prison the government wanted, and the judge took into account the 'harsh' conditions of his detention when giving him credit for the three and half years he spent incarcerated on a Navy brig.

            You all know the sordid tale, starting with Padilla's arrest in 2002 as an accused terrorist, being held without charge, being held in isolation, subject to intense interrogation.  Just when the Supreme Court was about to rule on the constitutionality of his detention, he was transferred to civilian courts.  Contrary to Bush Administration claims that only military detention and trials by military commissions could mete out justice in such cases, the civilian courts were able to handle it.

Sami Khouzam

            Sami Khouzam has been fighting deportation to Egypt, which has convicted him, in absentia, of murder.  He denies the charge, and fears that he will be tortured for his Coptic Christian beliefs if he is returned to Egypt.  A federal judge blocked his deportation because Bush Administration officials were relying on secret Egyptian assurances that Khouzam would not be tortured.  The judge ruled that Egypt’s assurances must be subject to independent judicial review. The ruling has positive implications for those detainees at Guantanamo who are fighting deportation to countries where they might be tortured.

Whales and the Imperial Presidency

            One in awhile, President Bush doesn’t get to be the Imperial President.   This time the whales benefit… one day us humans will too.

            A federal judge ruled that Bush could not, by executive fiat, decide what laws the executive branch can ignore.   At issue was a law banning sonar training that harms whales.   Bush had signed a waiver exempting the Navy from the ban, citing ‘emergency circumstances’.   The judge ruled that there is not an emergency.   She also indicated concerns in her ruling about the constitutionality of the waiver, but didn’t resolve that issue.

Philip Agee

Philip Agee was an undercover CIA agent turned whistleblower over disillusionment with U.S. support of dictatorial regimes.  In 1975 he published Inside the Company: CIA Diary which exposed the dirty works of the CIA, especially in Latin America.  More than anyone else, Phil Agee opened up the CIA to public scrutiny.  What the public found was an agency that operated outside the law and in direct opposition to stated U.S. foreign policy.

After the book was published, Agee received death threats and was stripped of his U.S. passport.  He moved to London, but was expelled after five years, so he moved to, and was expelled from, France, the Netherlands, West Germany, and Italy.  Most likely as a result of U.S. pressure.

One reason for the intense anger at Agee was the list of purported CIA operatives he identified in his book.   His disclosure of their identities led to the Intelligence Identities Protection Act, which made it illegal to knowingly divulge the identity of a covert CIA officer.   It also led to unsubstantiated accusations that he was responsible for the death of a CIA agent in Greece.   In 2003 he differentiated his listing of CIA agents from the outing of Valarie Plame, which he called ‘dirty politics’.   His decision to expose CIA agents was part of an effort to expose the role of the CIA in criminal U.S. foreign policy.

In the 1990s, Phil was part of the NCARL family, working with us to educate the public about the history of illegal CIA covert operations.  He also played an important role in a student organizing campaign organized by the Bill of Rights Foundation (one of our sister organizations in Chicago) focused on CIA research and recruitment on college campuses.

We appreciate Phil’s work, and the price he paid to tell the truth.

Did you know that you can now order our books through our website?   The First Amendment Felon, Terrorism and the Constitution , and The FBI and the First Amendment can be found at  www.defendingdissent.org/books.html

Sue Udry
Director

January 2008 -- PDF

Dear Troublemakers,

We are happy to welcome in the New Year in our new office.   We are now located just outside of the District of Columbia in Silver Spring, Maryland.   It’s a quick ride on the Metro to Capitol Hill and downtown Washington so we have easy access to both Congress and our civil liberties partners and allies.   Please note our new address (above) for future correspondence, and please stop by and visit if you are in the Washington area.

LEGISLATIVE

One Last Chance to Stop Warrantless Wiretapping

The Senate left town in December without voting on S.2248 (the FISA Amendments Act).   Majority leader Harry Reid opted to delay the vote until January (or beyond) due to a filibuster threat by Senator Dodd.  

In November, the Senate Intelligence Committee (IC) passed one version of the FISA reform law, while the Judiciary Committee (JC) passed another.   The JC bill offers us a better starting point – prohibiting bulk collection of communications and remaining silent on immunity for telecoms (rather than granting immunity as in the IC bill).   Our legislative strategy is to demand that Reid bring the JC bill to the floor and work for amendments that will improve it – although ultimately it is unlikely that we will be able to support the final version.

In December, Senator Reid elected to bring the IC version of the bill to the Senate floor.   This procedural decision stacked the decks in favor of telecom immunity, prompting the Dodd threat to filibuster.  

When the Senate returns to D.C. on January 22, they will feel pressured to act quickly.   The interim bill the Congress passed in August is due to sunset on February 1.

An ad hoc coalition is coming together in Washington to coordinate advocacy to ensure that the FISA reform legislation that passes the Congress will follow the Constitution.   DDF has joined this coalition, and we encourage you to participate:

• Sign the petition to Sen. Reid: http://action.aclu.org/reidpetition
• National Call-in Week Jan. 21-25

Call the Capitol Hill Switchboard at 202-224-3121 and ask for your Senator’s office.   Tell your Senator to respect the Constitution and require a warrant before the government can wiretap Americans.   Tell them not to grant immunity to telecoms that broke the law by turning over private records to the government.

Check our website for updates , and additional materials (talking points. sample letters, etc):   www.defendingdissent.org

Improvements to FOIA!

The Open Government Act of 2007 passed the Senate and the House in December by voice vote, and was signed into law by President Bush on New Year’s Eve.   The bill was sponsored in the House by Rep. Clay (D-MO) and in the Senate by Sen. Leahy (D-VT) and Cornyn (R-TX).

The bill requires agencies to respond to FOIA requests within 20 days, and establish a tracking number if the request will take longer than 10 days.

The tracking system will be accessible via internet and phone.   Additionally, the bill establishes penalties for foot-dragging and creates a government-wide ombudsman at the National Archives.   The bill also includes private government contractors in the scope of FOIA.

In a press release, Rep. Clay said that the law reaffirms “the idea that the United States government belongs to the people, and whenever possible, we should err on the side of full disclosure of information."

Read the text of the legislation at http://thomas.loc.gov, search for S.2488

EXECUTIVE BRANCH

Back and Forth on White House Visitor Logs

On December 17, U.S. District Judge Royce C. Lamberth ruled that White House visitor logs are public documents and are subject to FOIA requests.   The Bush Administration had tried to argue that the logs are private presidential records.   The ruling was a result of a lawsuit by Citizens for Responsibility and Ethics in Washington (CREW) seeking the visitor logs.   The Judge ruled the logs must be turned over to CREW within 20 days

On the same day however, the same Judge ruled in a second case that CREW could not seek an injunction barring the Secret Service from destroying the logs.   [CREW believes that the Secret Service must get permission from the Archivist before destroying any records, so they should be safe for now.]

But we aren’t finished yet!   On December 21, Judge Lamberth agreed to let the Bush Administration keep the visitor logs secret until an appeals court can decide whether the documents are public records.

The Bush Administration is also appealing another ruling on visitor logs.   In October, U.S. District Judge Ricardo Urbina ruled that visitor logs to the Vice President’s Residence were public records and must be released (in this case, it was the Washington Post asking for the logs).   The Justice Department filed an appeal on December 13, claiming that the logs are protected by executive privilege.

CASES

$156 Million Award Overturned

On Friday, December 28, the U.S. Court of Appeals for the Seventh Circuit overturned a $156 million verdict against the Holy Land Foundation, the American Muslim Society and Muhammad Salah.  As readers of this newsletter know, a federal jury awarded the sum in 2004 to the family of an American student killed in the West Bank.  The appeals court ruled that the family did not prove that the U.S. charities' activities contributed to the fatal attack on David Boim.  The case has been remanded to district court.

This is the latest in a string of losses for the U.S. government in its attempt to implicate U.S. Muslim charities in funding Islamic terrorism.

In October, the Holy Land Foundation ‘won’ a mistrial in a case accusing the Foundation of material support for terrorism.   Similarly, in February, Salah was acquitted of charges of supporting Hamas terrorist activities.

Rights Groups Allowed to Protect Sources

Lawyers for Amnesty International argued that the group should be afforded the same right to protect sources as journalists, since they play the role of the press in gathering and disseminating information about human rights. On January 1, a federal judge agreed, ruling that Amnesty did not have to reveal the names of lawyers it had quoted in a 2002 report.   The issue came up as part of a 2004 lawsuit charging that officials at a federal jail in New York had recorded lawyer-client conversations.

This is a positive ruling for human rights and other advocacy groups whose sources depend on confidentiality in order to come forward with information.

Academic Freedom Denied

Tariq Ramadan, a respected academic was asked to teach a course on Islamic ethics at the University of Notre Dame in 2004, but was not allowed to enter the U.S.  

Originally, the government denied his visa under the Patriot Act, but later changed its tune and said Mr. Ramadan could not enter the country because of his contributions to -- you guessed it -- a charity with ties to Hamas.  Mr. Ramadan made the contributions from 1998 to 2002;   the charity, Association de Secours Palestinian, was not designated a terrorist group by the U.S. until 2003.   The Judge wanted him to provide “clear and convincing” evidence that he was unaware of the charity’s links to terrorism when he made his contribution.

WELCOME TO THE FUTURE

FBI Biometrics Database

According to a report in the Washington Post, the FBI is spending $1 billion to create a vast (the largest in the world) database of our physical characteristics – fingerprints, facial features, eyeballs, and DNA.   The FBI calls it “Next Generation Identification”.

While the current technology does not allow for the covert collection of biometric data, government agencies are interested in achieving that goal.

We’re all used to fingerprints, but what about iris scans and face imaging technology?   Could this collection of biometric data eventually turn our bodies into de facto national identification cards?

The huge cache of information kept on the database is available to a range of government agencies, increasing the risk of a security breach.  This gives ‘identity theft’ a whole new meaning; Paul Saffo, a Silicon Valley technology forecaster, is quoted in the article as saying “If someone steals and spoofs your iris image, you can’t just get a new eyeball.”

Swat that Fly

Several protesters at an anti-war demonstration in D.C. in September noticed some elaborate unnatural-looking dragonflies hovering nearby.   Were they flies, or were they spies?  

An article in the November 2007 Economist reported on a new trend in technology – small, buglike, Unmanned Aerial Vehicles (UAVs) which can be outfitted with cameras.   Already in England, police have used an unmanned spy drone at a music festival to catch illegal activities.

Back to the bugs at the antiwar protest.   According to an article in the Washington Post, no government agencies admitted to deploying insect spies at any rallies, but at least the Defense Department admitted that it is attempting to develop the technology that could do just that.   In the meantime, the Partnership for Civil Justice has filed FOIA requests with several federal agencies.  

Don’t forget your fly swatter next time you go to a rally….

2008

Legislative & Political Calendar

Jan. 15 – House of Representatives Reconvenes

Jan. 22 – Senate Reconvenes

Jan. 28 – State of the Union Address

Feb. 5 – Super Tuesday Primaries

Feb. 15 – Feb. 25 – Congressional Presidents Day Recess

March 14 to March 31 – Congressional Spring Recess

May 23 to June 3 – Congressional Memorial Day Recess

June 27 to July 8 – Congressional Independence Day Recess

Aug. 8 to Sept. 8 – Congressional Summer Recess

Aug. 25 to Aug. 28 – Democratic National Convention ( Denver)

Sept. 1 to Sept. 4 – Republican National Convention ( Minneapolis)

Sept. 26 – Presidential Debate; Domestic Policy Focus

Oct. 2 – Vice Presidential Debate

Oct. 7 – Presidential Debate; Town Hall Format

Oct. 15 – Presidential Debate; Foreign Policy Focus

Nov. 4 – Election Day  

Thank you for all the warm wishes and supportive notes – along with your generous contributions.   I am truly honored to be working with you all!  

Keep up your rabble-rousing and activism!

Sue Udry
Director

P.S. You may now make a donation to DDF every time you do an internet search – at no cost to you!   Simply go to http://www.goodsearch.com, and type in “Defending Dissent Foundation” as your designated cause, and GoodSearch will make a donation to DDF.

Be sure and spread the word! The more people who use GoodSearch, the more money will be directed towards DDF.

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