Newsletters

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

December 2008 PDF

Dear Troublemakers,

What will it mean to our work to have a President who understands the value of dissent in our democracy? Time and again throughout the campaign, Senator Obama proclaimed his belief that change comes from the bottom-up, not the top down. We couldn’t agree more! DDF has been fighting for change from the bottom up since 1960 and many of you have been making trouble for even longer than that.

We’re optimistic that we can make great strides over the next four years in restoring and strengthening civil liberties and human rights, but we are under no illusion that progress will come without a fight. Only a surge of grassroots pressure on the Administration and Congress can stop warrantless wiretaps, end police spying on political activists, end racial profiling, end torture, illegal detention and rendition, restore checks and balances, close Guantanamo, restore the rule of law, force serious investigations into fusion centers, data-mining, war crimes… and the list goes on.

No question, there is a lot to do. We’ll all have to work together to accomplish it.

The work you do educating your communities and your members of Congress about the importance of the right to dissent and all our constitutional rights will be key in the coming years. The more people doing this work, the stronger we are, so please share the enclosed brochure about DDF with someone you know who may share our ideals and encourage them to join our work. We need more agitators and troublemakers!

Your donations to DDF, large and small, ensure that our unique voice is strong and heard in Washington. We appreciate the loyal support so many of you give us. We work hard to make sure we deserve it!

The temptation now for many will be to sit back and relax, but you all know as well as I do that we can’t do that. Frederick Douglas knew what he was talking about:

“If there is no struggle, there is no progress. ... Power concedes nothing without a demand. It never did and it never will.”

Yours in Struggle,
Sue Udry

P.S.
We’d love to get your feedback on our work, our newsletter and our website. Please do explore our website and check out the new tools and content we’ve added. C’mon, we know you’re not shy, so let us hear from you!

The Year in Review and the Year Ahead

DDF has had a busy year as we grappled with the FISA Amendments Act; the Violent Radicalization and Homegrown Terrorism Act; the Attorney General’s new FBI guidelines; and protestors getting spied on, arrested en mass, tear gassed, trampled by horses and charged with terrorism -- among other travesties. Here is a recap of some of our most important work in 2008, as well as a look ahead into the coming year. Because our agenda is so full, this installment is only part one of two parts. We’ll continue the series in our January newsletter.

FBI Guidelines
Before Attorney General Mukasey even made the new FBI guidelines public, DDF engaged in a grassroots campaign and behind the scenes advocacy to forestall the worst provisions. Our main concerns were that the new guidelines would allow agents to investigate people based on their First Amendment activities and open the door to racial profiling. Unfortunately the new guidelines, which take affect on December 1, allow FBI agents to investigate individuals and groups for whom they have no factual basis to suspect of wrongdoing. The guidelines explicitly allow agents to infiltrate peaceful groups in advance of demonstrations, and do not prohibit agents from investigating people based on their race, religion or ethnicity.

The guidelines cannot be allowed to stand, and it will be a top priority of DDF in the coming year to ensure that they are changed. We are exploring different strategies with our coalition partners, including working with the Obama administration on quick fixes to the guidelines, a thorough review of the guidelines and current FBI practices, and possibly a legislative charter for the FBI (remember that Attorney General Levy wrote the original guidelines in 1976 to preclude congressional action).

Please visit the DDF website for more details about the problems with the guidelines, a link to the guidelines, and advocacy resources.

Warrantless Wiretaps
We fought this battle all year long, with a courageous and tireless band of advocates. In the end, we lost when Congress passed the FISA Amendments Act of 2008. The law grants the executive broad new powers to listen in on Americans without warrants, and gave immunity to the telecommunication companies that enabled illegal wiretaps.

Senator Arlen Spector (R-PA), ranking member of the Senate Judiciary Committee, offered a glimmer of hope for the future in an interview on MSNBC on November 19: "This business of wiretapping is not in order in accordance with Constitutional rights and where you have the immunity granted to the telephone companies, that is still a festering wound and some speculation as to whether that will be asserted by a new administration."

In 2009 we’ll aggressively push Congress to thoroughly investigate domestic intelligence activities and to restore Fourth Amendment protections legislatively. DDF has also called upon President Obama to announce that his administration will adhere to FISA’s judicial warrant requirements when engaging in surveillance in the United States and direct the Attorney General to withdraw the government’s motion to dismiss pending privacy litigation brought against telecommunications carriers for assisting with unlawful warrantless surveillance.

Goons and Red Squads
For activists at the receiving end of tear gas canisters, rubber bullets, mass arrests, police spying and other abuses, it sure looks like local and state police departments have run amok.

In August 2008, it was revealed that Maryland State Police had been spying on peaceful anti-war activists for over a year, infiltrating groups and entering activists’ names into a terrorist database. DDF immediately joined with those activists in demanding full accountability and a thorough investigation into the illegal police spying, as well as legislation to prohibit police spying on First Amendment activities. We have helped to launch a local DC Bill of Rights group to educate activists about their rights; educate the public about the importance of the right to dissent in a democracy and threats to that right; and to pressure the Maryland State Legislature and the U.S. Congress to fully investigate the scandal.

Police actions at the Democratic and Republican Conventions in Denver and St. Paul were regarded by many activists to have reached a new level of abuse and repression of political dissent. Massive police presence, use of percussion grenades, tear gas, mass arrests, preemptive arrests and other tactics created an atmosphere of fear and intimidation for people who came to either city to engage in First Amendment protected activities. In St. Paul, the local police chief admitted that his officers had been spying on activists for a year before the convention, including following them to meetings around the country. Eight of those activists have been arrested and charged under Minnesota’s Patriot Act with “conspiracy to commit riot in the second degree in furtherance of terrorism”.

DDF is leading a loose coalition of activists calling for congressional hearings to examine the police actions during the conventions, and to investigate the role of federal law enforcement, Joint Terrorism Task Forces in each city, and state fusion centers. We are also working with members of Congress to pass legislation to strengthen demonstration rights in convention cities, using DC’s Demonstration Rights law as a model.

Homegrown Terrorism & Violent Radicalization
Building on our history of coalition work, in early 2008, DDF initiated an ad hoc working group to oppose the Violent Radicalization and Homegrown Terrorism Act which focused on restricting ‘radical’ political and religious beliefs and affiliations rather than criminal activity. More than 30 organizations participate in the working group, organized to exchange information and develop and coordinate strategies.

Although we were successful in stopping the bill, we have not yet succeeded in stopping the ideas behind the bill. In spite of our work, the Chair and Ranking member of the Senate Homeland Security Committee, Senators Lieberman (I-CT) and Collins (R-ME), issued a dangerous report titled Violent Islamist Extremism, the Internet, and the Homegrown Terrorist Threat. The report calls the internet “a virtual terrorist training camp”, and restricts its examination of homegrown terrorism to Islamist ideology, ignoring potential criminal activity among adherents of other religions and ideologies. Senator Lieberman went on to use the report to justify his attempts to censor the internet, asking YouTube to take down videos produced by those he termed “Islamist terrorist groups”.

Since Senator Lieberman has retained his chairmanship of the Homeland Security Committee, we can expect more to come on this issue.

Guantanamo
A U.S. District Court Judge has ordered the release of 5 Guantanamo detainees. Judge Leon, a Bush appointee, was unimpressed when he heard the secret evidence the government had against the five Algerians, calling it a “thin reed”, ordered the men released and implored the government not to appeal the decision. This is the first ruling on detainee rights since the Boumedienne Supreme Court decision.

There are still about 250 detainees at Guantanamo, and although President-elect Obama has promised to close the prison and condemned military commissions, he has not detailed his plans for those still in custody. Detainees accused of involvement in terrorism should be tried in existing federal courts and others should be released immediately.

Liberty and Security: Recommendations for the New Administration and Congress
A coalition of over 25 organizations, including DDF, has written a roadmap called “Liberty and Security: Recommendations for the Next Administration and Congress” (available here). The document is an excellent tool for activists as well as elected officials, offering analysis, background, and detailed recommendations on eleven crucial issues.

The McCain-Palin campaign: The death of red-baiting?
“Red-baiting”-- that old, tired, political tactic of accusing your opponent of being either a part of, or sympathetic to, “socialism”, “communism” or some other “ism” -- may be on its death bed. The most recent spectacle of Senator John McCain and Governor Sarah Palin spitting out various red-baiting allegations and slanders in their last-ditch attempt to defeat the Obama-Biden ticket and the Democratic Congressional under card is but the latest indication that the potency of red-baiting has waned drastically. Gone apparently are the days when the mere allegation of “red” or “pinko” sympathies would end a career or campaign in its tracks.

From my ringside seat here in Washington, D.C. it was obvious that the Republican red-baiting assault this election cycle was deliberate – as it always is -- and much more widespread than just the McCain-Palin campaign. Stoked on a daily basis by the Republican operatives who pose as talk radio personalities and bloggers, and repeated over and over by Republican candidates and promoters, the red-baiting was approaching fever-pitch towards the end of the recent campaign. Joe McCarthy would have approved of this fine effort by his contemporary followers, although he would have been quite disappointed with the final results. The red-baiting grenades were flying, but few exploded.

The just-concluded red-baiting frenzy undoubtedly did shake up some voters, possible changing their minds. That was, after all, one of the desired effects. There were certainly individuals and groups who were motivated by this fearful smear job, and who ramped-up their activism in dread fear of the “terrorists”, “communists”, or plain “socialists” who were about to seize control at the ballot box. Fortunately for the rest of us, this tactic just did not catch on and grab hold as it has in past generations. My favorite episode in this saga was the House of Representatives floor rantings by a Republican member of Congress (from Texas) who quoted Soviet communist leader Lenin as he made his personal case against the first Bush bailout package. I found it ironic – even comical -- to watch as the Republican campaign machinery unleashed the red-baiting dogs to first go after Obama, and in the end seeing this boomerang return and be aimed at President Bush himself. Only in America!

The exact cause for the weakened virulence of the red-baiting virus is probably best left for experts to decide. In my view as a lifelong trade unionist, this is due in part to the contemporary inability of growing numbers of people to understand or comprehend the intent of the tactic itself. There is a case to be made that in today’s population the practitioners of red-baiting might tend to inadvertently discredit themselves by raising such incomprehensible allegations. Growing numbers of young people have no living memory of the Cold War epoch and its stifling anti-communist political environment, and they largely lack any historical context in which to measure such charges. And in a nation not known for its political sophistication or scholarship, this sort of tactic may be doomed by its implicit demand that the recipient at least possess a minimum context with which to assess what they are hearing and therefore be able to come to the intended conclusion.

I strongly suspect that the recent failure of the McCain-Palin campaign to red-bait its way into the White House is at least confirmation that this gutter tactic is on the way out, hopefully forever. It is likely premature to pronounce red-baiting as “dead”, but it is not too soon to recognize that as a useful terror tactic it has lost much of its destructive momentum and effect. Red-baiting may be expiring not so much as a result of an overt defeat as much as it is withering and dying a natural death, but we’ll take it as progress no matter. The many, many victims of the several red-baiting eras in U.S. history would appreciate this moment in our history, as we all should.

Chris Townsend is the Political Action Director of the United Electrical Workers Union (UE) in Washington, D.C. and sits on the Board of Directors of DDF

Change happens ~ change happens because the American people demand it, because they rise up
and insist on new ideas and new leadership, a new politics for a new time.
America, this is one of those moments.
~ Barack Obama
November 4, 2008

November 2008

One of the most wonderful things about the Defending Dissent Foundation is the people who are or have been a part of our work. We have a rich history of courageous supporters and fellow-travelers, and many of you are still a part of our organization. I am sure many of you felt the same sense of loss and sorrow that I felt when I hear the news of Studs Terkel’s death. He was our guy. He told our stories. Like many of you, he was blacklisted and lost his job. And, like many of you, he never stopped fighting. Studs was a strong supporter of our sister organization, the Chicago Committee to Defend the Bill of Rights, where I had the tremendous honor of working with him. We will miss him and his voice and his “underdogism”.

In Solidarity,

Sue Udry

TAKE ACTION

Here are two easy actions you can take to stand up for political dissidents, but there isn’t much time. Each action must be taken by November 9.

Petition for the RNC8
In our Convention Issue, we reported that 8 activists in St. Paul were arrested and charged with “conspiracy to commit riot in the second degree in furtherance of terrorism” under Minnesota’s version of the Patriot Act. This potentially sets a horrible precedent; imagine the chilling effect to dissent when organizers of political protests are charge with conspiracy to further terrorism. We are advocating that the charges be dropped, and encourage you to sign and forward the online petition. Right now a probable cause hearing is set for November 10. The defense team is looking at how evidence was gathered, including the use of confidential informants, and they are questioning what the role of the FBI was in the case.

You can sign an online petition at http://www.thepetitionsite.com/tell-a-friend/2133884, or download a copy of the petition from our website to circulate in hard copy (or call our office at 202-529-4225 and we will be happy to send you a copy).

Petition for Iraq Vet Nick Morgan
On October 15, Iraq Veterans Against the War (IVAW) led a march of about 400 demonstrators to the campus of Hofstra University, the site of the final presidential debate. Police allowed the veterans to cross one police line, but stopped them when they approached the building where the debate was to be held. When the veterans started to cross the second line, several were immediately arrested without incident. However, mounted police and police in riot gear then began to push against the remaining veterans and the rest of the protestors until they were on the sidewalk, and even then continued to push on them. Several protestors fell down and were injured, and Nick Morgan, a member of IVAW was trampled by one of the horses, knocked unconscious and his cheekbone was broken. Adding insult to injury, Nick was arrested and charged with disorderly conduct. In total, ten veterans and five supporters were arrested.

The veterans who crossed the second police line knew that they risked arrest, but the police were unnecessarily brutal in their conduct toward the protestors who did not even attempt to cross the police line, and the arrest of a peaceful protestor trampled by a police horse is unacceptable. DDF is supporting an online petition drive demanding that charges against Nick Morgan be dropped. The petition will be delivered on November 10th.
You can find a link to the petition on our homepage, www.defendingdissent.org

ACTIVISM
Maryland State Police “Spygate”
We will soon find out what information Maryland State Police (MSP) collected about the 53 political activists they spied on and wrongfully labeled “terrorist”. Police had originally told us that the activists would only be allowed to read their files at police headquarters and would not be allowed to have a lawyer present. DDF worked with many of the activists, as well as the Maryland ACLU to organize two protests, a media campaign and other pressure tactics to force the police to provide copies of the files to the activists. Police have relented and activists have begun to request their files. (weblink: DDF press release)

The fact of the police designation of 53 political activists as terrorists came to light as part of what we call “Spygate”. MSP admitted to a 14 month long spy operation that began when they were worried that an anti-death penalty protest might get violent. They had no grounds for that concern, but they infiltrated one group, which then led them to another, and another and another. An investigation that started with anti-death penalty activists soon morphed into a wide-ranging investigation of anybody who was active: peace, environmental, and to be equal opportunity, neo-nazis. One peace activist included on the list has never even been to the state of Maryland! We believe we have just discovered the tip of the iceberg, and the files will provide a wealth of information about the unconstitutional police spying.

As we await the release of the files, we continue to build momentum for legislation to prohibit police spying, and for a full investigation into “spygate”. This scandal has galvanized activists in Maryland and it will not end without accountability and an assurance that it will not happen again. The police are so clearly wrong in this case that is it a good opportunity to educate the public on the full range of surveillance issues, from fusion centers to warrantless wiretapping, to the new FBI guidelines.

Capitol Police Connection to “Spygate”
Last spring, peace activists secretly planned a theatrical action in the gallery of the U.S. Senate they called Ghosts of War. On March 12, each of the ten, heads wrapped in white gauze, stood up individually and announced to the Senate “I am a ghost from the Iraq War. While I died needlessly, I am here to demand an end to the funding of the war so that others do not have to die.” All were removed from the gallery, arrested and charged with unlawful conduct.

On October 20, a jury trial began and documents came to light indicating that the Capitol police knew ahead of time about the secretly-planned action. Upon further discovery, a document revealed that the Capitol police had a copy of a private email that one of the organizers, Max Obuszewski, had sent to a select list of activists. Max is one of the central targets of the MSP spying, and the MSP has stated that they have a close working relationship with the Capitol Police. When the trial resumes in early November activists will have the opportunity to ask Capitol Police how they got copies of private emails. In reviewing the list he sent the original email to, Max has isolated one email that could potentially belong to a police infiltrator. This is important to the “spygate” case because the date of the email and action were both after the date that police claim their spy operation ended.

EXECUTIVE
eGuardian
The FBI recently sent out a chilling press release about their new eGuardian system, which they say will help them connect the dots and find terrorists. In the release they provided an example of how this wonderful system will work. An NYPD detective receives an email: a photo of two ‘suspicious’ men who appear to be ‘casing’ the Brooklyn Bridge. She uploads the picture into eGuardian, along with other information. Presto, a positive hit comes back! Those same two men were taking pictures of the Washington Monument a mere two days before and were wanted for questioning. The NYPD detective sends this information to the local Fusion Center, who shares it with the NY Joint Terrorism Task Force, who then shares it with the D.C. police.
This is the actual scenario the FBI used to promote their new system! There is no indication that the ‘suspicious’ men were engaged or about to engage in any wrongdoing, but personal information about them was entered into a national database and shared widely. The system will allow state and local police to enter data that can be shared throughout the country through a system of Fusion Centers and Joint Terrorism Task Forces. Given the brilliant example of the Maryland State Police labeling 53 peaceful activists “terrorists”, we’re more than a little worried about what kind of information about whom, will end up being broadcast across the country.

Read the press release yourself: http://www.fbi.gov/page2/sept08/eguardian_091908.html

Public Or “Classified”?
There was one good provision in the horrible FISA Amendments Act that passed Congress this summer. The bill required that the Inspectors General of the intelligence agencies had to investigate and issue a public report on the warrantless wiretapping. Well, the first interim report has come out and the IG stamped it classified. So the public cannot read the public report.

Civil libertarians and some members of Congress are outraged and demanding that the IG make the interim report public. The interim report only defines the scope of the full report; there is no reason that it should be classified. Defending Dissent Foundation has sent a letter to the author of the report, CIA inspector general John Helgerson, asking that it be made available to the public immediately.

Operation Front Line
In the run up to the 2004 Presidential Election, “Operation Front Line” targeted 2000 foreign-born Muslims for investigation as possible terrorist threats. The program, run by Immigration and Customs Enforcement (ICE), began during the election campaign and lasted through Inauguration Day, leading to the arrest of hundreds on minor visa violations. ICE has not provided any proof that anyone was charged with a terrorism-related crime. We now know that the program was a huge failure because agents investigated people based on their religion or ethnicity, rather than any evidence that they might commit a crime.

Records about the program, commonly referred to as the “October Plan” were released as a result of a FOIA lawsuit filed by both the American-Arab Anti-Discrimination Committee (ADC) and the Yale Law School National Litigation Project. Sameer Ahmed, a Yale Law School student working on the lawsuit said: “Operation Front Line has been kept secret for more than four years. For the first time, the public will be able to scrutinize an operation that appears to have led to no terrorism convictions and instead broadly targeted immigrants from Muslim-majority countries. “

According to the information released by ICE, citizens from Muslim-majority countries were 1,280 times more likely to be targeted by Operation Front Line than citizens from other countries. That sounds suspiciously like profiling to us. Agents asked foreigners what they thought of America, whether violence was preached at their mosques, or if they had any chemical or biological weapons.

According to the released information, ICE worked with the FBI to execute Operation Front Line. In particular, the FBI’s Counterterrorism 2004 Threat Task Force provided ICE with information for use in developing background information about individuals, and ICE field offices coordinate leads with local FBI Joint Terrorism Task Force agents. According to the New York Times, ICE also used data gathered by the CIA and other government agencies to identify targets.

The ADC and Yale Law School are awaiting additional records, which will further illuminate this program. Based on the information released, we have clear evidence of profiling. This is significant since the new Attorney General Guidelines for the FBI that will take effect on December 1 give agents more leeway to open investigations without any evidence of wrongdoing. Is it any wonder that we are concerned this will lead to agents targeting people based on race, ethnicity, religion or political views?

October 2008 PDF or Document

Dear Troublemakers:

There are protests and civil disobedience, soapboxes and talk radio, t-shirts and bumper stickers, but most Americans exercise their right to dissent in the voting booth. We encourage everyone to get involved this election day (and before and after). You can call the non-partisan Election Protection Coalition at 1-866-Our Vote or visit www.866ourvote.org to find out about ways you can volunteer in your state. You can find information about voter suppression and intimidation efforts around the country, as well as resources to fight those efforts at www.NoMoreStolenElections.org.

For people who want to voice their dissent outside the voting booth, there is plenty in this newsletter to make you angry: state police spying on peaceful activists and labeling them ‘terrorists’ in state and federal databases; new guidelines for the FBI that give agents too much leeway to collect too much information about too many innocent Americans; but on the brighter side, the Defending Dissent Foundation is leading the charge for better guidelines for police conduct during First Amendment demonstrations, and finding support in surprising places.

In Solidarity,

Sue

ACTIVISM
Police Label 53 Activists Terrorists
We reported in our August newsletter that Maryland State Police had spied on anti-death penalty and anti-war activists for over a year and that one activist targeted by police had been added to state and federal terrorist lists. It turns out that 53 activists have been named as terrorists! Not because they had done anything illegal, but because the software police use has only a few options for classifying entries, so police chose ‘terrorist’. Apparently police didn’t consider the option of simply not entering the names of innocent people.

To their credit, elected officials in Maryland are taking the scandal seriously. Governor O’Malley (who was not in office at the time of the spying) appointed the state’s former attorney general to undertake a speedy investigation of the spying, and the State Senate held a hearing to demand answers from the Police Superintendent who approved the spying.

Former Maryland Attorney General Stephen Sachs issued a 93 page report on October 1. While the report condemned the surveillance program and concluded that police “significantly overreached”, it did not go far enough. The report was not the full investigation into the surveillance program that is needed; in fact, Sachs did not have subpoena power so he had to rely on information voluntarily disclosed only by those police officers who were willing to talk with him (the superintendent who approved the program did not agree to be interviewed for the report). The report did make some policy recommendations that were immediately accepted by the Governor; however, while they are a step in the right direction, they do not adequately protect activists from future abuse. On the positive side, police have notified those 53 activists who have been listed as terrorists, so they can review their information and ask that it be purged. The report calls for new software (so when they spy on activists they can enter their names in a category other than ‘terrorist’—might we suggest ‘absolutely innocent’?); as well as new guidelines to prohibit surveillance of protests groups unless the police superintendent says it is justified (hardly adequate, since the inappropriate surveillance program was approved by the superintendent).

In response to the report, DDF has joined with Maryland activists to demand a full investigation into the spying, full accountability within the police force, and legislation establishing guidelines that prohibit surveillance of protest groups unless there is reasonable suspicion of criminal activity. Further action is being taken by the ACLU, which has helped 32 additional organizations file FOIA requests to get more information about the extent of the spying.

Convention Follow-Up
We’re continuing to hear disturbing reports from activists about police misconduct and unjustified arrests in St. Paul during the Republican National Convention, and to a lesser extent, in Denver at the Democratic National Convention. Rather than tell you more horror stories though, I’d like to let you know what DDF is doing about it.
We want to make sure that the First Amendment rights of activists are protected at the 2012 national conventions, so we are asking Congress to hold hearings to look into police misconduct at both conventions, and to pass legislation to protect demonstrators in the future. I’ve been meeting with both staff and members of the House and Senate since the conventions ended, and have been shocked at how most have been unaware of the extent of the police misconduct at the conventions. However, most are concerned when they hear the stories of mass arrests, the use of pepper spray, percussion grenades and tasers on peaceful demonstrators, as well as the year-long surveillance of the RNC Welcoming Committee. There is interest in holding hearings, although that will not be able to happen until next year.

Several members of Congress have also expressed an interest in legislation that would include guidelines for police conduct during national conventions, since the federal government provides millions in security grants for the host cities. DDF has been promoting D.C.’s First Amendment Rights and Police Standards Act as a good model for these guidelines. The First Amendment Rights law encourages and enshrines dissent, specifying people’s right to demonstrate “near the object of their protest so they may be seen and heard.” It prohibits preemptive arrests and dispersals, police lines to entrap demonstrators, and the use of tear gas and pepper spray against peaceful protestors. The standard for arrest is criminal activity – and then only people engaged directly in crimes (breaking windows etc.) should be arrested, not the whole crowd.

The law is a good one, and it has already passed Congress once (since D.C. is a colony, all its laws must be approved by Congress). The D.C. City Council approved the bill in 2004, and it slipped through Congress despite the opposition of the FBI. .

The First Amendment Rights law is also a useful template for cities and localities around the country. DDF is working to drum up interest in cities with a history of large demonstrations and/or police abuses. Resources for both the Congressional and local campaigns will be available on the DDF website shortly.

DDF Endorses PCC
PCC is the People’s Campaign for the Constitution, a non-partisan grassroots movement to take back our constitutional rights. Join today and work with a coalition in your community or congressional district to hold your legislators accountable to upholding the Constitution. The initiative is spearheaded by the Bill of Rights Defense Committee. Find out more at www.constitutioncampaign.org

EXECUTIVE
No Evidence Needed
Just one month before the election of a new President, the Department of Justice (DOJ) has issued new guidelines for opening FBI investigations that will allow FBI agents to use the most intrusive of investigative techniques, including: recruiting informants; going undercover to infiltrate groups, conduct interviews or spy on individuals – all without any evidence that a person or group has done or has any plans to do anything illegal, or has any connection to terrorists. Look for more in depth analysis of the rules coming soon. A copy of the new rules is available on our website.

Civil libertarians and members of Congress voiced serious concerns about the substance of the new rules when they were allowed to see the draft rules, as well as the DOJ’s rushed and secretive process. Although FBI Chief Counsel Valerie Caproni promised the Senate Intelligence Committee (in testimony before the committee on September 23) that the DOJ would take those concerns into account before issuing the finalized rules, none of the key substantive problems were addressed. The DOJ did bow to Congressional demands that they not implement the rules before Congress got a chance to review them – the rules will now take effect on December 1, rather than on the DOJ target date of October 1.

Rep. John Conyers (D-MI) and Sen. Patrick Leahy (D-VT), Chairs of the House and Senate Judiciary Committees, were not pleased with the new guidelines. In a press release, Rep. Conyers protested, "The Department of Justice should provide these new guidelines as suggestions to the new Administration to consider early next year. It is not appropriate for the current Administration to make such sweeping changes to FBI procedures at this late date, only a month before the election." Senator Leahy, for his part, asserted that his committee intends to play a strong role in overseeing the implementation of the guidelines.

Posse Comitatus I
Remember the Posse Comitatus Act that forbids the deployment of the U.S. military inside the U.S.? The Act has been steadily eroded since at least the Reagan administration (at that time the military was used at home to fight the ‘war on drugs’), but the Bush administration has crossed a line and will deploy an Army brigade here at home. An alarming report in Army Times revealed that a brigade that has returned from a 14-month tour of duty in Iraq will be stationed in Georgia to provide a federal response to large scale emergencies and disasters, and “may be called upon to help with civil unrest or crowd control”. According to the article, this is "the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities."

The article goes on to talk about the training the brigade received in non-lethal weaponry, and one soldier bragged about being the first in his unit to be tasered.

After the article appeared, the Army backed-tracked and claimed the brigade’s mission will not include law enforcement or crowd control. That reassurance does not totally satisfy us, especially since we learned over the summer that NorthCom played a role in the security at both National Conventions, although the precise role is unclear. Now that NorthCom has an entire brigade at its disposal, we have to ask questions. DDF will continue to follow this story, and has begun to work with several organizations to develop an advocacy response.

LEGISLATIVE
Posse Comitatus II
The Bush Administration has been fighting to deploy military spy satellites here at home, but they have faced strong opposition in Congress. In fact, we thought we had defeated the proposed program when Democrats in Congress refused to fund the program until the General Accounting Office (GAO) could look into privacy and civil liberties issues raised by the program. The GAO just finished its 60-page report on the program concluding that adequate privacy and civil liberties safeguards have not been put into place yet -- nonetheless, funding for the program found its way into a $634 billion omnibus funding bill that passed Congress with little debate, and was signed by the President on September 30. The funding restricts the spy satellite program to emergency response and scientific needs, and requires safeguards to be put into place before it can be expanded to homeland security or law enforcement. We still don’t like it – the funding allows the Department of Homeland Security to launch the program, with the potential to expand it without the necessary safeguards in place.

Looking for a Good Read?
Bud and Ruth Schultz’s beautiful new book, We Will Be Heard presents more than 90 profoundly inspiring first-person accounts and portraits of courageous individuals who have stood up for their constitutional and human rights in the face of repression by the American government. You will find stories of old friends and new heroes, Get the book at www.powells.com

September 2008 PDF or Document

THE CONVENTION ISSUE

Dear Troublemakers,

We delayed publication of our letter in order to cover the Democratic National Convention (DNC) in Denver, CO and the Republican National Convention (RNC) in St. Paul, MN.

This year’s conventions were marred by the massive presence of police in riot gear with helicopters circling overhead, unnecessary use of excessive force, arrests of journalists, pre-emptive arrests and raids on activist offices and homes. It will take a while for the dust to settle, lawsuits to be filed, and more information to come out about the roles played by local police, DHS, FBI, fusion centers and the tactics they employed. Here is our initial report.

DENVER
Before the convention, the city of Denver made preparations that were anything but dissent-friendly: designation of a free speech zone to restrict protesters; police stockpiling pepper-ball rifles; restrictions on march routes for protests; and a warehouse surrounded by barbed-wire was designated as a detention center for protestors. Obviously the city was not laying out the red carpet for people coming to exercise their First Amendment rights outside the convention hall. Here are a few of the problems dissenters encountered:

Mass Arrest
On the first day of the convention a small march of about 300 protestors encountered a police barricade in front of them. When they turned around, there was a police barricade behind them as well. They were trapped between two buildings and two police lines, with no way to escape. For over an hour police held the protestors -- along with media covering the protest and any unlucky bystanders who happened to be in the area. No order to disperse was ever heard in the crowd, and even if it was given, as many legal observers, protesters and members of the media pointed out, there was no way to leave, since the crowd was trapped by the police! Eventually the police used pepper balls and pepper spray on the crowd, and began making arrests. About 100 people were arrested. Video of the incident can be seen at: http://www.dnc-plp.org/page10/page10.html

Violations of Detainee Rights
Once arrested, activists were taken to the “Temporary Arrestee Processing Site” and put into chain link pens where they awaited processing for hours. Reports indicate that arrestees were denied the right to make a phone call, denied access to attorneys, given misinformation and more. In addition, some of those who were exposed to pepper spray were not decontaminated.

Journalist Arrested
Asa Eslocker is a producer for ABC News who was investigating the role of corporate lobbyists and high donors at the convention. He was arrested on a public sidewalk outside a hotel in Denver that was hosting some Democratic Party functions and charged with trespassing (on a public sidewalk!), interference and failure to follow a lawful order.

ST. PAUL
The assaults on dissent in Denver look almost benign compared with the brutality of the police in St. Paul. We’ve heard harrowing tales of excessive police force and violence against peaceful demonstrators, legal observers, journalists and medics including pepper spray, tear gas percussive grenades and very rough handling of people being taken into custody. On Sept. 7, I-Witness Video’s Eileen Clancy described what she and other videographers had witnessed in St. Paul:

Concussion grenades, smoke bombs, CS gas (tear gas), rubber bullets and pepper spray were used to attack and herd demonstrators. In particular, pepper spray was used excessively and indiscriminately to torment and punish demonstrators in a manner that violates widely accepted law enforcement standards. In one instance a man was pepper-sprayed while handcuffed and then punched in the kidneys. Peaceful demonstrators have been restrained and forced to kneel on pavement for hours after being pepper sprayed without being given medical attention.

For activists who had come to St. Paul to peacefully protest, the overall mood was one of intimidation. I got this email from Leslie Cagan, national coordinator of United for Peace and Justice on September 3:

Over the past few days, the heavily armed and extremely large police presence in St. Paul has intimidated, harrassed and provoked people; and, in a number of instances, the police have escalated situations when they used excessive force. They have used pepper spray, including spraying at least one person just inches from her face as she was held down on the ground by several police officers. They have freely swung their extra long night sticks, pushed people around, rode horses and bicycles up against peacefully gathered groups, and surrounded people simply walking down the streets. On Tuesday evening, they used tear gas on a small group of protesters in downtown St. Paul.

Classic Cointelpro
We reported back in June that stories were coming out about the FBI trying to recruit people to spy on protest groups. It looks like they were successful and a full-scale cointelpro-like operation was in effect. For over a year, agents infiltrated and spied on at least one of the groups organizing protests at the convention, The RNC Welcoming Committee. As Sheriff of Ramsey County MN (where St. Paul is), Bob Fletcher seemed to be in charge of police operations during the conventions, and apparently before. He explained the spy operation in a September 5 interview with Amy Goodman on Democracy Now (a nationally syndicated radio and t.v. program):

“Let’s be—let’s cut to the quick in this whole discussion. You know, our organization has been tracking the activities of anarchist organizations throughout the United States now for the past year”.

“Well, when I say we know them, we did. We followed our Welcoming Committee members to many cities around the country. We consulted with the terrorism task force in those cities. We received information, etc. But as they started arriving, we were able to identify those that were here [in St. Paul]”.

Raids and Preemptive Detentions
Before the convention even started, local police and federal agents staged pre-emptive raids on a public meeting place and five private homes, taking away computers and stacks of political literature and flyers. They also seized a bus that carried a travelling environmental exhibit. FBI agents were spotted among the police forces; it is not certain at this point exactly what other federal agencies were involved. About 100 activists were detained, questioned, photographed and released during the raids. Six activists, considered by the county sheriff to be the ‘ringleaders’ were arrested and held on ‘probable cause’, to allow for their detention without judicial review. Since it was the start of the holiday weekend, they were held in jail without charges for 4 days.

Terrorism Charges
On September 3, the six activists arrested during the raids, plus two others were charged under Minnesota’s version of the Patriot Act with criminal conspiracy to riot in furtherance of terrorism. None of the eight are accused of committing any acts of violence or rioting (in fact, they were all in custody during the protests). The charges are based on the accusations of paid informants who had infiltrated the activist group called the RNC Welcoming Committee.

Mass Arrests
There were reports of small groups (identified in the media as anarchists) breaking windows, slashing tires and impeding traffic. We don’t know if any of the vandalism that occurred during the protests can be attributed to government-paid provocateurs -- activists I spoke with witnessed some suspicious behavior, and we’ve learned from history that this is not out of the realm of possibility.

Once the vandalism began on the first day of the convention, police herded demonstrators many of whom were peaceful participants or by-standers who just happened to be in the wrong place at the wrong time, and many were affected by the massive use of pepper spray, tear gas and percussive grenades. On Monday, the first day of the convention, over 300 people were arrested during an anti-war march. Several hundred more people were arrested on the last day of the convention, amid tear gas and percussive grenades. Similar to the tactic used in Denver, police trapped a group of a few hundred people on a bridge and arrested them.

Many of those arrested on Monday were held until Wednesday night, and we heard reports of some people being taken to the outskirts of the city and dropped off instead of being released downtown.

Media Targets
At least 19 journalists were arrested during the RNC, most of them members of the independent media (although two were reporters from the Associated Press). The highest profile arrest was that of Amy Goodman (host of Democracy Now). Although she was clearly identified as press by the many credentials hanging around her neck, she was arrested when she asked officers about the arrest of her producer and photographer. The police simply tore her credentials off her neck.

Most of the arrests took place during protests, but journalists with I-Witness Video were harassed all week. I-Witness Video played a crucial role during the RNC in New York City in 2004, as their video recordings of those protests documented police abuse and provided evidence that cleared about 400 people arrested during the protests. On Saturday, before the convention even began, the police raided the house where I-Witness journalists were staying, detaining everyone in the house for over two hours. Later in the week, police raided their office, claiming that they had reports that anarchists were holding hostages there.

OTHER NEWS
Senators Challenge Mukasey on Guidelines
Senator Leahy (D-VT) and Senator Specter (R-PA), leaders of the Senate Judiciary Committee, have asked the Department of Justice (DOJ) not to implement the new FBI guidelines until Congress has a chance to review them. In a separate letter to the Attorney General, Democratic Senators Feingold (WI), Whitehouse (RI), Durbin (IL) and Kennedy (MA) also urged delay. We’ve learned from Senate staff that the FBI has already begun training agents on the new guidelines, and that Attorney General Mukasey intends to make them official on October 1.

The guidelines are still secret – no advocacy groups have seen them or been briefed on them, although Senate staff have been allowed to look at them (but not keep them in order to really study them). Mukasey has publicly indicated that the guidelines will allow agents to use race, religion, national origin and/or political views as part of their basis for opening investigations.

FBI Director Mueller will testify before the Senate Judiciary Committee on September 17. DDF and other advocates are asking members of the committee to challenge the Director on problematic changes to the guidelines.

New Rules on Criminal Investigations
In tandem with the new FBI guidelines, the DOJ has proposed new rules to guide local and state police on alleged terror investigations and information sharing. Guess what? They give the green light to police to open investigations of legal activities, increase the dissemination of dubious ‘intelligence’, and double the length of time that information will be stored in government databases. Needless to say, DDF and other civil liberties organizations oppose these rule changes, and have registered our opposition with the DOJ.

We are concerned that local police will view the new rules as granting them permission to launch investigations based on dubious grounds (as in the recently-revealed investigation into anti-death penalty activists in Maryland). You can see the comments we submitted on our website.

Making a List… and Another List… and Another List…
If you leave the country, the Department of Homeland Security (DHS) wants to keep a record of your trip for at least fifteen years. Our database-crazed government now wants to create a database to collect data on border crossings of “all individuals who are admitted or paroled into the United States… [and] all individuals who depart the United States by air or sea and in certain circumstances by land”. That’s right, everybody. And the information would be stored for fifteen years for citizens and legal residents, and seventy-five years for “non-immigrant aliens”. DHS is set to implement this new procedure later this year.

The Bush Administration seems to have great faith in databases as a terrorist-fighting tool. However, in their rush to gather unprecedented amounts of information about Americans, it hasn’t figured out how to analyze all the data in any meaningful way. An investigation by a subcommittee of the House Science and Technology committee revealed that an initiative to fix the terrorist watch list (costing $.5 billion) has failed abysmally. It can’t even perform basic searches. The study didn’t focus on the accuracy of the names on the list, just the functionality of the database.

The accuracy of the watch list was at issue in a recent court ruling, Ibrahim v. Dept. of Homeland Security. A ninth circuit court judge ruled that a passenger could challenge the inclusion of her name on the list. Rahinah Ibrahim’s name came up when United Airlines checked the watch list. She was not allowed to board her flight, and was detained, questioned then released by federal authorities. She sued to get her name off the list.

In Solidarity,

Sue Udry

August 2008 PDF or Document

EXECUTIVE
Racial Profiling Makes a Comeback
New FBI guidelines are being written in secret by the Dept. of Justice, but news reports indicate that the changes could allow the FBI to open investigations based on factors such as race, rather than any evidence of wrongdoing. Officials told the Associated Press that under these new guidelines, the FBI will rely on a “terrorist profile” that could include a person’s race, religion, ethnicity, and where they live or travel to among other factors. Agents will no longer need any evidence or allegation of criminal activity to launch a national security investigation.

In a Senate Judiciary Committee hearing on July 9, Sen. Feingold asked Attorney General Mukasey if the FBI would be allowed to use racial profiling to launch an investigation of someone. His response was not reassuring: “We don’t use that as the basis alone for predicating an investigation into anyone.” (emphasis added). He did not rule out that the FBI would consider race a factor in determining whether a person might be more likely to be a terrorist.

Race should never be a basis, even when combined with other factors, in determining whether an investigation should be opened. It’s unconstitutional and counterproductive. Join DDF in expressing our outrage that our Attorney General would even consider using race, religion or ethnicity as part of a “terrorist profile”. You can easily send an email to Mr. Mukasey via a new tool on our website.

Collateral Damage
We are well-aware of the harm the Patriot Act has done to activist groups, but the effect on charities, especially international charities, has stayed under the radar. A new report co-authored by OMBWatch and Grantmakers Without Borders explains how new powers granted to the Treasury Department have harmed charitable programs, the people they serve and the reputation of the United States. The government can shut down charities based on “reasonable suspicion” (evidence is not needed), prohibit charities from providing humanitarian aid in some disaster areas (where terrorist may be operating), and freeze the assets of “designated” charities. The bottom line is that overly severe regulations are keeping aid from reaching people and communities that need it. For example, after the Tsunami in Southeast Asia in 2004, charities had to risk violating rules against providing material support to terrorists in order to provide humanitarian aid in areas controlled by the Tamil Tigers (a designated terrorist group in Sri Lanka).

The restrictions that have been placed on charities are the result of the widespread and totally unsubstantiated misperception that charitable dollars are ending up in the hands of terrorists. The report is available at www.ombwatch.org/article/articleview/4290/

ACTIVISM
Maryland Police Spy on Anti-Death Penalty Activists
Three years ago the Maryland State Police uncovered a small network of anti-war and anti-death penalty activists who were planning devious operations such as handing out flyers at the local farmers market, organizing a candlelight vigil outside the jail, and arranging a visit with their Congressman to discuss the war in Iraq. Luckily for us, the police acted quickly and infiltrated the group. Police spied on the activists, logging information about meetings and activities but never uncovering any indication of criminal or potentially criminal activity. Nonetheless, the spying went on for at least 14 months and reports on the activists were shared with at least seven federal, state and local law enforcement agencies, including the National Security Agency.

One activist, Max Obuszewski, was singled out for special attention and added to the “Washington/Baltimore High Intensity Drug Trafficking Area” database. Without a shred of evidence, the database reports his Primary Crime as “Terrorism-Anti Government” and his Secondary Crime as “Terrorism Anti-War Protestor”. Max is a well-known activist in Baltimore, and has worked with DDF over the years, most recently in a meeting last month about Guantanamo Bay with Senator Ben Cardin (D-MD).

The surveillance came to light when the Maryland ACLU obtained 43 pages of summaries and computer logs from the Maryland State Police. More documents are being sought from other state and federal agencies which we suspect have been involved in surveillance of a wider array of activists. DDF has joined with the activists to call on a full investigation and state legislation to prevent police from spying on activists in Maryland.

Federal Agent Spies on Greens
On May 30th, a few dozen people showed up at a rally in Eugene, Oregon to protest the Oregon Department of Transportation’s use of herbicide on the state’s highways.

You guessed it – a few dozen protestors was too big a potential threat to go unmonitored, so an undercover federal agent with the Federal Protective Service (the agency responsible for providing security at federal buildings) secretly spied on the event. We’re scratching our heads over why he was monitoring a small demonstration in Kesey Square - five blocks away from Eugene’s federal building. (Ironically, the Square, named after Ken Kesey, is commonly referred to as Kesey Free Speech Plaza). The demonstrators were protesting a state agency, and had no plans and no reason to march to the federal building, but a federal spokeswoman defended the agent’s surveillance, calling it “routine”.

The federal agent, Tom Keedy, watched the peaceful rally. It was such a non-event that the local police weren’t even there for crowd control. Then Keedy saw something he didn’t like, so he called Eugene police claiming that one activist was blocking traffic. When police arrived on the scene, the trouble began. Police responded to the peaceful protest with excessive force, using a taser gun at least twice on one activist, arresting him and two others. The incident has generated an outcry in Eugene, and a criminal investigation of the police action at the rally is underway.

LEGISLATIVE UPDATE
FISA Amendments Act passes Senate
On July 9, the Senate passed the unconstitutional FISA Amendments Act with a vote of 69-28. The amendments that would have mitigated some of the problems with the bill failed to pass, so we are left with a bill that obliterates privacy protections for our international communications. The retroactive telecom immunity provisions of the bill got the most publicity, but Americans should be concerned that phone calls and emails they make to friends, family and associates outside the country will be fair game for the NSA, even without a warrant. See how your Senator voted here: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=2&vote=00168

The Smithsonian, Private Prisons & FOIA
The Freedom of Information Act has loopholes, but several bills and recent lawsuits aim to close some of them, and make it harder to open new ones.

FOIA has been undermined in the past when members of Congress have slipped provisions that limit public access to government information into inconspicuous provisions buried deep in unrelated legislation. DDF joined with a few dozen other organizations in writing a letter to the Senate Judiciary Committee in support of S. 2746 (the Open FOIA Act), which would require Congress to make clear when it is adding exemptions to FOIA.

The Smithsonian has been exempt from FOIA for over a decade because of a U.S. Appeals Court ruling that held that FOIA doesn’t apply to the Smithsonian unless Congress explicitly says it does. Senators Grassley (R-IA) and Spector (R-PA) have written legislation (S.3276) to say both FOIA and the Sunshine Act apply to the Smithsonian.

The trend toward privatization of government functions raises many concerns, and the ability of activists and the public to obtain information about those contracted services is high among them. Take private prisons for example: more and more federal inmates are being transferred to private prisons, and those facilities are not subject to FOIA. Concurrent legislation has been introduced in the House (H.R.1889) and the Senate (S.2010) to force private prisons housing federal inmates to comply with FOIA requests. In the meantime, two recent lawsuits have been filed seeking records from private prisons; the ACLU has filed a FOIA lawsuit against the Dept. of Homeland Security seeking records of the deaths of immigrant detainees who were being held in private prisons; and a human rights magazine called Prison Legal News has filed a lawsuit seeking records from the largest private prison management service in the U.S.

Banned Book Week: Sept. 27-Oct.4, 2008
Ask your local book store to participate!
According to the American Library Association, there were more than 400 challenges to books in schools and libraries in 2007. You can find resources for your local bookstore (posters and such) at the American Booksellers for Free Expression website: www.abffe.com or at www.bannedbooksweek.org

DDF Joins the People’s Campaign for the Constitution
Are you ready to demand that your members of Congress protect and defend the Constitution? Do you want to work with other civil libertarians in your area to raise issues like warrantless surveillance, torture, indefinite detention during the upcoming campaign season? Are you ready to hold your members of Congress accountable?

We know you are, and we are too! DDF has become a partner in the People’s Campaign for the Constitution, initiated by the Bill of Rights Defense Committee. The campaign provides a way for local coalitions to work together, and across the political spectrum, to repair the damage done to our Constitution under the guise of the “War on Terror”. The campaign will build a broad-based grassroots movement to reverse the many policies that sacrifice liberties for a false promise of security and to confront the deceit that some constitutional limits should be disregarded in times of emergency.

We’re excited to participate in this campaign, and we encourage you to join in and promote the campaign in your community. For information: www.constitutioncampaign.org

DDF Board Member Kate Martin testifies before Senate
On July 16, Kate Martin, Director of the Center for National Security Studies (and DDF board member), testified before the Senate Judiciary Committee at a hearing on “How the Administration’s Failed Detainee Policies Have Hurt the Fight Against Terrorism: Putting the Fight Against Terrorism on Sound Legal Foundations.”

In her testimony, Kate asserted that those detention policies “have undermined rather than strengthened U.S. power. They have discouraged and interfered with, rather than advancing international cooperation and have provided fuel to al Qaeda efforts to recruit foreign terrorists”. She urged the committee to use established military and criminal law as the framework to put the fight against terrorism on sound legal footing. “Using this established framework of military and criminal law side-by-side will enable suspected terrorists to be detained and tried in a way that will advance rather than undercut the effort to win hearts and minds around the world.” She makes a strong case that “respect for the rule of law and individual rights is critical to a successful counterterrorism policy by the United States.” Read Kate’s testimony at www.cnss.org

DDF Board Member Chip Berlet on Counterterrorism & Civil Liberties
A new report by Chip Berlet, Senior Analyst at Political Research Associates (and a DDF Vice President), argues that the effectiveness of counterterrorism efforts by the Bush Administration is compromised by flawed analyses based on sloppy scholarship by two leading experts relied on by policymakers. Not surprisingly, the Administration relies on experts who promote a view of terrorist cell structure called leaderless resistance that requires a level of intrusiveness and presumption of possible guilt that undermines the civil liberties of all Americans, particularly Muslims and Arabs. Chip urges policymakers to bring other scholars with different analyses of homegrown terrorism into the debate to develop more effective counterterrorism strategies and protect civil liberties. Read more at http://www.publiceye.org/liberty/terrorism/insurgency/leaderless.html

July 2008 PDF or Document

Dear Troublemakers,
If you are like us, you’re a bit ambivalent about celebrating the Fourth of July holiday. We are patriotic – we’re proud America’s diversity and traditions of dissent, and much of our history (including a darn good Constitution). But we cringe at episodes and traditions in our past and present that we just can’t be proud of. We’re dismayed that it is often the very things we are seeking to change that some of our fellow Americans insist on celebrating on the Fourth of July.

We have a suggestion to help you celebrate the holiday in good conscience – Contact your Senators (via phone call, letter to the editor or a sign held at the local 4th of July parade) and ask them to stand up for the Constitution and vote against the FISA Amenemdments Act. See below for details.

Happy 4th! (4th of July, 4th Amendment…)

Sue Udry
Director

LEGISLATIVE
Warrantless Wiretaps Make a Comeback
On June 20th, the House passed a deplorable FISA reform bill, H.R.6304, the FISA Amendments Act of 2008. The bill was negotiated behind closed doors and saw the light of day a mere 24 hours or so before the House voted. In a nutshell, the bill provides blanket retroactive immunity to the telecommunications companies, and endorses massive wiretap powers – untargeted and without a warrant on all communications coming in to and out of the U.S. The bill passed the house 293-129. Roll call vote is here.

The bill moved immediately to the Senate and we expected a quick vote – but we’ve won a reprieve! Grassroots action, heroic stands by Senators Dodd and Feingold, and partisan bickering helped to stall the bill, which will not be voted on until July 8 (after the July 4 recess).

The delay buys us time to change the debate and affect the vote in the Senate. Please raise your voice and ask your Senators to vote against the FISA Amendments Act! In addition to (but not instead of), a no vote, ask them to support amendments to the bill that will address telecom immunity. Senators Feingold and Dodd are championing an amendment that would strip the retroactive immunity language from the bill. Another amendment proposed by Senator Bingaman (D-NM) would delay the implementation of immunity until after the Inspector General issues a report on the surveillance program (which is required in the bill). Since neither of these amendments would address the expansion of warrantless surveillance powers, we want our Senators to vote against the bill even if the amendments are added.

ACTION ALERT
Celebrate the 4th of July! Save the 4th Amendment! Vote NO on Warrantless Wiretapping!

Action:
Call your Senator with this message:
• Vote NO on H.R.6304, the FISA Amendments Act of 2008
• Support the Feingold Amendment to strip the bill of its retroactive telecom immunity
• Support the Bingaman Amendment to delay telecom immunity until the Inspector General issues his report to Congress on the surveillance program.

You can call the Capitol switchboard at 202-224-3121 and ask to be connected to your Senators’ offices (remember you have two Senators!). Although the Senators are on recess, staff will be in their offices.

OR
Deliver your pro-4th amendment message via a sign at a 4th of July event (even if your Senators or Representative will not be there). Simple signs are best: “No to Warrantless Wiretaps of Americans!” “No to Telecom Immunity”

ACTIVISM
Conventions
The Democratic (Denver) and Republican (St. Paul) National Conventions are less than two months away. Organizers of protest events continue to wrangle with police over march routes and free speech zones.

In Denver: city officials are trying to deny basic information, refusing to tell activists the exact location size and constraints of the free speech zone, citing ‘national security’. The city is also refusing to release information about what security and crowd control equipment they are buying for the convention. However, one manufacturer of ‘non-lethal solutions’ said that they sold the city 88 Mark IV rifles, which fire pepper balls and have a range of 100 meters.

In St. Paul: information is more forthcoming than in Denver, but police are citing the possibility of suicide bombers to deny protestors their desired march routes. Two parade permits have been issued, one for an anti-war march, another is a “poor people’s” march. Neither route takes marchers as close to the convention center as the groups would like, so they are both suing the city for better routes.

Police in St. Paul have made public their decision to purchase 230 tasers before the Republican National Convention.

Victory for D.C. Protestors
On Inauguration night 2005 about 70 protestors were arrested at an impromptu demonstration in D.C.’s Adams Morgan neighborhood. According to the police, some of the demonstrators threw rocks and broke windows, so the police arrested them all after boxing them into an ally. A federal judge ruled on June 18 that the arrests were illegal, because people engaged in a first amendment protected activity are not required to stop that activity because others at the event are breaking the law. The city plans to appeal the ruling.

SUPREME COURT
Supremes Recognize Habeas!
We have to disagree with Sen. McCain, who called it “one of the worst decisions in the history of this country”. By now you are all probably familiar with the Supreme Court decision in Boumediene v. Bush, ruling that detainees at Guantanamo Bay have a constitutional right to challenge their detention. It is a historic victory for the rule of law, and congratulations go out to our allies at the Center for Constitutional Rights.

On June 26, attorneys at CCR filed the first habeas corpus petition following the Boumediene decision, for Mohammed Sulaymon Barre a 42 year old Somalian man. We can expect at least 125 new habeas cases arising from the decision. (There are currently 270 detainees still being held at Guantanamo, although 65 have already been cleared for release or transfer, and about 80 will likely be tried at military commissions).

Free Speech for Oppressors
On June 19th the Supreme Court ruled for 'free speech' in a twisted way. At issue was a California law that prohibited employers from using state-provided funds to pay for their anti-union campaigns. The court ruled that the prohibition was unconstitutional because it limited employers’ free speech. Never mind that unions are not allowed to use state money in their recruitment drives. The court ruled 7-2, with Justices Breyer and Ginsburg dissenting. This decision will have an impact beyond California to ten other states which had enacted similar laws.

EXECUTIVE
Leave your Laptop at Home
The officials who greet us when we return to the country currently have carte blanche to search and seize our laptops without any cause. The U.S. Department of Homeland Security (DHS) and Customs and Border Patrol (CBP) agents believe they have a right to access any data, document or file on your computer, and the lower courts have upheld this right. In June, the Senate Judiciary Committee, subcommittee on Constitution Civil Rights and Property Rights held a hearing on Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel. Witnesses testified that CBP and DHS agents at the border are regularly taking laptops to search their contents, as well as unlawfully interrogating travelers about their political and religious views.

Not surprisingly, a wealth of anecdotal evidence indicates that Muslim Americans and Arab Americans are at the receiving end of many of these interrogations. Farhana Y. Khera, testifying at the hearing on behalf of Muslim Advocates (an education and advocacy organization), told a number of troubling stories of citizens being stopped at the border and interrogated or harassed. For example, the Vice President of a high-tech company has been interrogated 8 times in the last year when returning to the country. He has been subject to questions about what mosque he attends, names and addresses of relatives living abroad and in the U.S., his cell phone has been searched and more. There have never been grounds for suspicion or reasons for the searches or interrogations.

Defending Dissent Foundation had joined with dozens of other civil liberties groups in writing to Congress to ask for hearings on the issue, as well as legislation specifically to protect Americans from suspicionless searches of laptops at the border.

Lefties need not apply
The Department of Justice Inspector General has issued yet another report damning practices within the DOJ. This time, in a report issued on June 24, the inspector general collected data to show blatant hiring bias to exclude liberal or liberal-leaning candidates from non-political jobs at the DOJ. By liberal-leaning, we mean radical behavior such as belonging to the Nature Conservancy, or using “liberal buzzwords” such as social justice in one’s resume. The report noted that the problem was especially acute in the civil rights division.

The problem started in 2002, when career officials were pushed out of the hiring process in the elite honors program within the DOJ; they were replaced by political
appointees who systematically chose applicants with resumes reflecting conservative or Republican views over liberals. The trend accelerated in 2006 with the arrival of Attorney General Alberto Gonzales. Current AG Michael Mukasey asserts that the Department has undertaken reforms to correct the problem.

Spy Satellites
In our May newsletter we noted our concern about the National Applications Office within the Department of Homeland Security. We reported that Homeland Security Secretary Michael Chertoff was eager to have the NAO use military spy satellites for a variety of DHS missions from flood recovery to domestic surveillance/law enforcement.

We reported that last fall Congress refused to fund the NAO until an acceptable legal framework could be developed for using military satellites for domestic purposes. The Bush Administration has come back to Congress for money to fund the program for fiscal year 2009, but on June 24, the House Appropriations Committee voted to deny funding for the NAO once again. It appears that there is majority support in both the House and Senate to hold up funding for the NAO at least until August, when the Government Accountability Office (the investigative arm of Congress) is due to issue a report on the civil liberties and privacy issues involved in the domestic use of military satellites. We will watch for that report.

Unfortunately, the Department of Justice seems hell-bent on keeping Dr. Al-Arian in custody. He has been brought before two grand juries, and although he has given statements, the justice department has charged him with contempt. He is being arraigned as this newsletter goes to print on Monday, June 30. For more information visit: www.freesamialarian.com

June 2008 PDF or Document
FISA Reform Rears its Ugly Head (again!)
Those of you who receive this newsletter via email got an emergency alert along with the May issue – we had heard rumors that a compromise on FISA was possible. The details are still sketchy, but we understand that lawmakers have settled on a ‘compromise’ that will grant telecoms immunity but give the illusion that they are being held accountable.

The essence of the ‘compromise’ is this: the telecom companies would be tried by the FISA court, in secret. All the companies would have to do to have the case dismissed is to prove that the President told them the illegal request for customer information was legal. Case dismissed. Members of Congress are being tightlipped about other provisions in the ‘compromise’ so we don’t have details as we go to press.

Action: Call the Capitol Hill switchboard at 202-224-3121 and ask for your Representative. Tell them you want true accountability for telecom companies, not a sham process that lets them off the hook.

Fighting Terrorism with Censorship
On May 7, DDF delivered a memo to the Senate Committee on Homeland Security, signed by nineteen organizations, urging the committee to respect First Amendment rights while they develop policy recommendations for fighting ‘homegrown terrorism.’ The memo noted that “Much of the discourse on homegrown terrorism has singled out Internet communications in a troubling way…Our concern is that this focus on the Internet could be a precursor to proposals to censor and regulate speech on the Internet.” Another point of grave concern raised by the memo was that the counterproductive focus on the Muslim community is a serious violation of religious freedom.

A day later, Senators Lieberman and Collins (Chair and Ranking Member of the Committee) issued a report titled Violent Islamist Extremism, the Internet, and the Homegrown Terrorist Threat. The report calls the internet “a virtual terrorist training camp”, and restricts its examination of homegrown terrorism to Islamist ideology, ignoring potential criminal activity among adherents of other religions and ideologies.

As we feared the report was used to justify an attempt to censor the internet. On May 19, Senator Lieberman asked YouTube to take down videos produced by those he termed “Islamist terrorist groups”. Thus far, the company has refused to take down videos that do not violate their restrictions against gratuitous violence and hate speech. Lieberman also challenged Google (YouTube’s parent company) to “please explain” what changes they will make to their guidelines to keep “violent extremist materials” off the website, and how they plan to enforce any new guidelines.

The company did take down about 80 videos that it agreed violated YouTube community guidelines. But Lieberman sent another letter to Google on May 20, indicating that he is not satisfied, and that he expects Google to take down every video posted by organizations identified by the State Department as ‘Foreign Terrorist Organizations.’ We can expect more to come on this issue.

For a more in-depth analysis and links to additional resources click here.

It’s not my job
As early as 2002, FBI agents observed the use of torture and abuse by CIA and Pentagon personnel during interrogations. They even began to compile a ‘war crimes’ folder documenting the abuse of prisoners. But by 2003, agents stopped documenting abuse because they were told it was not part of the FBI’s mission to investigate detainee abuse. Although FBI Director Robert Mueller directed agents not to participate in coercive interrogations carried out by the CIA and Pentagon, the FBI stopped short of taking decisive action to end the abuse.

Those are some of the revelations in a 437 page report released in May by the Department of Justice inspector general. The report documents that as early as 2002, high level officials within the Bush administration received reports about detainee abuse. The report identifies Secretary of Stat Condoleezza Rice as having received complaints of torture.

Members of Congress have promised to hold hearings on the report to shed further light on the confusion and dissension over torture at all levels and lack of scrutiny at the highest levels.

Immigration Raids, Unions and Justice
A massive raid on a meat processing plant in tiny Postville, Iowa wreaked havoc on families with young children, the community, due process, and fair labor practices. The raid led to the arrest of 400 workers, or about 40% of the workers at the Agriprocessors, Inc. plant and 17% of the town’s population.

Before the raid, United Food and Commercial Workers, the union that has been working to organize the plant, got wind of a possible ICE action and asked ICE to hold off while the government investigated allegations of abuse of wage and child labor laws at the plant; immigration raids can easily be used by management to intimidate employees, and if workers are deported they can not give evidence of unlawful activity. ICE ignored the union’s plea and went ahead with the raid. The status of the investigation is uncertain at this point.

Less than two weeks after their arrest, 297 immigrants were convicted of felonies (using false documents); most were sentenced to 5 months in federal prison and immediate deportation thereafter. The harsh sentences are an escalation in the Bush Administration crack down on immigrants. Previously, undocumented workers have been detained for civil violations and deported, not sentenced to federal prison on criminal charges.

Not only were the sentences stricter than usual, but the proceedings were extraordinarily quick. In just 4 days, 297 immigrants plead guilty and were sentenced in a process resembling an assembly line. Rushed justice is not justice, and meant that individual circumstances couldn’t be addressed, denying the workers their right to due process.

Authorities are charging immigrants with federal crimes rather than civil violations more often these days. The new strategy has led to record high levels of immigration prosecutions, convictions and jail time, especially along the U.S.-Mexico border. Meanwhile, employers such as Agriprocessors continue to blatantly violate immigration law without being held accountable.

UPDATES
Covert Domestic Propaganda
In May we covered the breaking story of the Pentagon Pundits, a program initiated by the Pentagon to enhance its propaganda efforts leading up to the Iraq war by recruiting 75 retired generals to spout Pentagon propaganda on the air without acknowledging the source. On Friday, May 23, Congress sought to clarify that this type of program is unacceptable by approving an amendment to the Defense Authorization Bill to forbid the Defense Dept. from engaging in “a concerted effort to propagandize” to promote the war domestically. The amendment, sponsored by Rep. Hodes (D-NH), also requires that the Government Accounting Office investigate the program.

California Teacher Fired over Loyalty Oath
Last month we reported on a bill making its way through the California Assembly that would eliminate the state’s loyalty oath for public employees who are U.S. citizens (S.B.1322). The bill passed the California Senate on May 15, and is now working its way through the House.

Early in May, the L.A. Times broke the story of Wendy Govaner, a Quaker who refused to sign the pledge and was fired from Cal State Fullerton. Hopefully the publicity about her case will ensure the passage of S.B.1322. Last summer, Ms. Govaner was hired to teach a course in American Studies (which ironically would have included a look at McCarthyism) and one in Women’s Studies, but was fired when she wrote an addendum to the oath declaring it unconstitutional and discriminatory. People for the American Way Foundation has taken up her case and asked Cal State to reinstate Ms. Govaner, and to allow employees to add an explanatory addendum to the oath. DDF would prefer to see the oath abolished outright. Here is the oath:

“I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”

National Security Letters
Last month we asked you to call Senators Whitehouse (D-RI), Leahy (D-VT), Feinstein (D-CA), and/or Schumer (D-NY) to ask them to cosponsor the National Security Letters Reform Act (S.2088). None of those Senators has yet signed on to the bill, although a staffer at the Senate Judiciary Committee assures me that they will support the bill which should come up for a committee vote before the August recess. The following case demonstrates the need for reform of the FBI’s unfettered use of National Security Letters (NSLs).

In 2006 Congress amended the Electronic Communications Privacy Act to limit the FBIs ability to issue NSLs to libraries. However, in 2007, the FBI issued an NSL to an internet-based library called the Internet Archive seeking the records of one of the library’s patrons. The NSL was accompanied by a gag order (as is usual with NSLs). The director of Internet Archive decided to challenge both the NSL and the gag order in a lawsuit. Neither he, nor the Archive’s lawyers at the Electronic Frontier Foundation or the ACLU were allowed to talk about the lawsuit or the NSL – even to members of Congress who are considering legislation to reform the NSL law.

After four months of negotiation, the FBI rescinded its NSL and the gag order was lifted, allowing us to learn about the case. "It appears that every time a national security letter recipient has challenged an NSL in court and forced the government to justify it, the government has ultimately withdrawn its demand for records,” said Melissa Goodman, staff attorney with the ACLU. “In the absence of much needed judicial oversight – and with recipients silenced and the public in the dark – there is nothing to stop the FBI from abusing its NSL power."

Conventional News
Denver (DNC, Democratic National Convention):
As a result of a lawsuit filed on May 1 by the ACLU on behalf of 12 groups seeking permits in Denver to demonstrate at the DNC, the city has agreed to a timeline to designate routes for protest marches and to issue permits. The city has also agreed to set up a ‘public demonstration zone’ on the grounds of the convention center. The agreement does not specify the exact location, or the barriers that will be established around the demonstration zone, or what activities will be allowed within the zone.

At the 2004 DNC in Boston the public demonstration zones were unacceptable cage-like areas surrounded by concrete barriers and razor wire.

St.Paul (RNC, Republican National Convention):
Stories are leaking out about FBI agents contacting organizers of planned protests around the RNC. One local paper, the Minneapolis/St. Paul City Pages, tells the story of a college student whom agents tried to recruit to infiltrate protest groups. According to the student, he was asked to infiltrate the groups and report back to the FBI’s Joint Terrorism Task Force. Leading up to the 2004 Republican Convention in New York City, the NYPD Intelligence Division spied on protest groups across the country and even in Canada and Europe.

Hands off my spit!
On May 14, DDF alerted hundreds of activists across the country to yet another threat to privacy and liberty: the Department of Justice had just issued proposed rules requiring that federal agents collect DNA samples of every person arrested by federal agents, i.e. during political protests at the Supreme Court, the White House, Congress or the on the National Mall as well as on federal property around the country.

Although out action alert went out only five days before the deadline for comments, it generated a huge response. By the time the comment period had closed, over 1,200 comments had been submitted and 21 organizations had signed on to a memo drafted by DDF [Our allies, the Electronic Frontier Foundation and the Center for Constitutional Rights also issued alerts, so we don’t take credit for all 1,200 comments].

In our memo to the Justice Department we highlighted these concerns about the new rules:

· The rules make a strong presumption that everyone arrested (or in the case of non-citizens, simply detained) is likely to be guilty of some crime at some time in the past or future. This turns the notion of ‘innocent until proven guilty’ on its head and is unacceptable.

· This rule, as written, will swell the government’s DNA database with the sensitive genetic information of innocent people – including those who have engaged in peaceful protest. Innocent people do not belong in a criminal database.

· Adding arrestees and immigrant detainees to the DNA database will vastly increase the number of innocent minorities in the database. Minorities are more likely to be wrongly arrested or detained than whites.

· DNA is not a mere fingerprint. It contains sensitive medical information that should not be recklessly collected and stored by the government.

Partial list of signers: Leslie Cagan, United for Peace and Justice; Gael Murphy, CodePink; Kevin Martin, Peace Action; Dave Robinson, Pax Christi USA; Sue Udry, Defending Dissent Foundation; Granny Peace Brigade; Iraq Veterans Against the War - D.C. Chapter; Freedom Socialist Party; Wisconsin Peace Action; Gray Panthers- NYC Network; Committees of Correspondence for Democracy and Socialism.

For a complete list of signers as well as the text of the memo, please visit our alert page.

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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Founded in 1960
as the
National
Committee
to Abolish
HUAC