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  • Luxemburger zweifeln an ihrem Geheimdienst

    Der Luxemburger Geheimdienst Service de renseignement de l’État (SREL) ist im Zuge diverser Affären in die Kritik geraten, u.a. wegen des Abhörens eines Gespräches zwischen Premierminister Jean-Claude Juncker und Großherzog Henri. Letzterer geriet in Verlegenheit, nachdem der vormalige SREL-Chef Marco Mille behauptet hatte, der großherzogliche Hof unterhalte wohl gute Kontakte zum britischen Geheimdienst.

    Laut einer Umfrage des Luxemburger “Journals” glauben nur 22% der Befragten dem Dementi des Hofmarschallamts. Die Befragten sind zudem wenig erbaut über die Tatsache, dass die Lëtzeburger Schlapphüte in den letzten Jahrzehnten 300.000 Karteikarten über Bürger, Ausländer und politische Parteien angelegt haben. Eine Mehrheit verlangt ein Einsichtsrecht in die Datenbanken und bezweifelt die Notwendigkeit eines Geheimdienstes, berichtet das Luxemburger Tagblatt. Mille war 2009 zu Siemens als Sicherheitschef gewechselt.

    Misstrauen gegen Luxemburger Geheime produzierte vor allem die Bommeleeër-Affäre (“Bombenlegeraffäre”), bei der zwischen 1986 und 1987 mysteriöse Anschläge auf Strommasten verübt wurden. In den letzten Jahren wurden Hinweise bekannt, die auf eine Inszenierung durch Sicherheitskreise hindeuten. In diesem Zeitraum gab es auch in anderen NATO-Staaten bis heute ungeklärte Anschläge, die politisch links stehende Gruppen sowie die Umweltbewegung in Misskredit brachten. Inzwischen tritt ein parlamentarischer Untersuchungsausschuss an, um die “Funktions- und Arbeitsweise des Geheimdienstes seit seinem Bestehen” zu ergründen, berichtet das Luxemburger Wort.

    Auch das deutsche parlamentarische Kontrollgremium (PKGr) für Geheimdienste will unter dem Eindruck der NSU-Morde und der Serie an Ermittlungsdesastern seine Arbeit intensivieren, die nach parteiübergreifender Auffassung völlig unzureichend ausgestaltet ist. Nach einer zweitägigen Klausur beklagte die erstmals entsandte FDP-Politikerin Gisela Piltz, effektive Kontrolle bedürfe mehr als einer Reihe von Abgeordneten, die in einem fensterlosen und abhörsicheren Raum zusammensäßen. Zudem ist geplant, die operative Arbeit des PKGr mit drei weiteren, besonders befugten Mitarbeitern stärken. Der frühere BGH-Richter Wolfgang Nešković, der bislang als eifrigstes Mitglied des parlamentarischen Kontrollgremiums galt, gehört diesem nicht mehr an. Nešković hatte nach Querelen die Linksfraktion verlassen.

    Markus Kompa
    23.12.2012

    Find this story at 23 December 2012

    Copyright © 2013 Heise Zeitschriften Verlag

    »Gladio« auch in Luxemburg? Das geheime NATO-Netzwerk und ein Strafprozeß

    Seit dem 25. Februar findet vor der 9. Kriminalkammer in Luxemburg ein spektakulärer Strafprozeß statt, der trotz seiner politischen Dimension in deutschen Medien fast keine Resonanz findet. Angeklagt sind in der »Affaire Bommeleeër« (Bombenleger) die beiden früheren Mitglieder der »Brigade mobile de la Gendarmerie« Marc Scheer und Jos Wilmes. Den Exbeamten werden unter anderem versuchter Mord und Brandstiftung in 20 Fällen in den Jahren 1984 und 1985 vorgeworfen. Die Verteidigung hat u. a. Premierminister Jean-Claude Juncker und Angehörige des großherzoglichen Hauses laden lassen. So ging es am gestrigen Donnerstag um ein Alibi des Prinzen Jean, der von einem Zeugen nach einem Attentat 1985 in der Nähe des Tatorts gesehen worden war.

    Die heute 56 und 58 Jahre alten Angeklagten sollen unter anderem Masten des Stromversorgers Cegedel zerstört und das Instrumentenlandesystem des Luxemburger Flughafens außer Betrieb gesetzt haben. Sie sollen auch einen Anschlag auf das Gebäude der Zeitung Luxemburger Wort verübt und während eines EG-Gipfels eine Sprengladung vor dem Konferenzgebäude gezündet haben. Laut Staatsanwaltschaft verfügten die Täter über umfangreiche Detailkenntnisse der Arbeit von Polizei und Gendarmerie, wußten offenbar, wann welche Objekte bewacht wurden, und führten die Fahnder regelmäßig an der Nase herum. Alle Ermittlungen verliefen im Sande, bis RTL Letzebuerg 2004 die Sache wieder aufgriff. Inzwischen deutet vieles darauf hin, daß es sich um Taten der NATO-Geheimtruppe »Gladio« handelt. Sie steht im Verdacht, u.a. 1980 in die Attentate von Bologna und auf das Münchner Oktoberfest verwickelt gewesen zu sein. Am Mittwoch vergangener Woche führte die Verteidigung eine eidesstattliche Erklärung in das Verfahren ein. In ihr bezeugt der deutsche Historiker Andreas Kramer, daß sein Vater als Hauptmann der Bundeswehr und Agent des Bundesnachrichtendienstes »Gladio«-Operationsleiter für mehrere Länder gewesen sei. Als solcher habe er engen Kontakt zum damaligen Chef des luxemburgischen Geheimdienstes SREL, Charles Hoffmann, gepflegt. Dieser hat bisher jeden Zusammenhang der Attentatsserie mit »Gladio« oder dem SREL abgestritten.

    22.03.2013 / Ausland / Seite 2Inhalt

    Von Arnold Schölzel

    Find this story at 22 March 2013

    © junge Welt

    Undercover: Police Officer Connected to “NATO 5” Case Still Spying on Protest in Chicago

    The first time “Danny” (far right) officially ran as a CAM medic: March 18, 2012 at a protest to mark the anniversary of the beginning of the Iraq war.
    On March 27, Chicago teachers and their supporters – including parents, students and community residents – rallied against the largest mass public school closure in US history. News of the mobilization sparked huge public interest before the demonstration – including from an undercover police officer calling himself “Danny Edwards.”

    The day before the big rally, “Danny” reached out in individual emails to fellow volunteer street medics he had met a year earlier after he took a 20-hour training with Chicago’s local street medic collective, Chicago Action Medical (CAM). CAM’s volunteer emergency medical technicians (EMTs), nurses, doctors and trained street medics provide emergency medical treatment at local protests.

    His aim in reaching out: to learn more about the next day’s plans.

    “Danny” – who admitted to us on May 6 that he is, in fact, a Chicago police officer – could have saved himself the trouble and his department the expense. After all, organizers had already coordinated directly with top CPD brass about their plans for the next day and widely promoted their intent to stage nonviolent civil disobedience.

    After the CTU rally, “Danny” also tried to recruit at least one CAM volunteer street medic via email on April 30, the day before a May 1, 2013, immigrants’ rights march, to pair up with him as a partner. There were no takers, so he showed up alone at the rally sporting marked medic regalia.

    His latest undercover sortie as a fake volunteer street medic bookends a hectic year for him.

    The Paper Trail

    “Danny” was a fixture at CAM events beginning in early March 2012, when he participated in a 20-hour introductory training for new street medics – a training he described in an email to CAM volunteer street medic Scott Mechanic as “great.”

    May 1, 2012: “Danny Edwards” – posing with fellow Chicago Action Medical volunteers at their health care booth in Union Park, where street medics were volunteering to provide first aid and emergency health care for participants at the annual May Day rally and march. “Danny” – the only medic not smiling – is standing in front of the CAM banner.

    The email address “Danny” used in that correspondence, which he did not sign by name, was pegged to the name of a Chicago police officer cited months later in court documents involved in undercover work around the NATO protests.

    Less than half an hour after sending that initial email, “Danny” sent the first in a flurry of emails to Mechanic from a different email address, writing “let me know what going on so i can get involved (sic).”

    “Danny’s” March 2012 foray into spying on CAM aligns with the date prosecutors say the Chicago Police Department (CPD) posted two other undercover agents who went by the street names “Mo” and “Nadia” on a 90-day temporary duty undercover assignment to Field Intelligence Team 7150. That team was tasked with infiltrating Occupy and anarchist groups in the run-up to the NATO Summit, according to court documents filed by Cook County State’s Attorney Anita Alvarez in April 2013.

    Those two officers, “Mo” and “Nadia,” are also purported linchpins in the criminal cases against five activists known as the “NATO 5,” three of whom are scheduled to go to trial on NATO-related domestic terrorism charges this September.

    The NATO prosecutors’ October 2012 Answer to Discovery lists this same police officer among the CPD officers, detectives and other police officials who may be called to testify in this fall’s upcoming trial. He is also mentioned in the NATO defendants’ February 25, 2013, Motion to Compel Discovery as “a CPD undercover officer related to this investigation.”

    Busy Year for “Danny” – and Early Red Flags

    Five days after he inadvertently emailed Scott Mechanic under his given name and scrambled to cover his tracks, “Danny” acted for the first time as a CAM street medic at a small permitted peace march on Chicago’s north side. The March 18, 2012 event was organized to mark the anniversary of the launch of the Iraq War in March 2003.

    May 1, 2013: “Danny Edwards,” undercover Chicago police officer, at a May Day rally for immigrant rights in Chicago’s Union Park.
    “Danny” ran again as a marked CAM street medic on April 7, 2012 at Occupy Chicago’s “Occupy Spring” event, also emailing Mechanic on April 26, 2012 about bringing a “friend” to an upcoming health workshop. On May 1, 2012, he volunteered as a marked CAM street medic at a May Day rally and march, where his refusal to follow CAM operational guidelines – reportedly abandoning his street medic partner to make a b-line for a group of young protesters wearing black clothes – began to raise real alarms with fellow street medics.

    After “Danny’s” behavior on May Day, a number of veteran CAM volunteers – including Mechanic – moved immediately to isolate him from new and less experienced street medics, to monitor his behavior closely and to broadly urge the practice of good security culture.

    But without a smoking gun, they were unwilling to expose him publicly. The chill from veteran street medics didn’t discourage “Danny” from continuing to reach out and show up to actions.

    On May 11, a week and a half later and as local organizers were scrambling to find housing for out-of-town protesters traveling in for the demonstrations, he emailed Mechanic directly for information about housing that other groups or collectives might be offering. “I have a group of friends in need and I wanted some direction,” he wrote.

    On May 20, 2012, at a large protest against the NATO Summit, CAM street medics demanded that he remove his medic markings after he again ignored CAM street operations protocols by deserting his partner to sprint after a group of protesters clad in black clothes.

    “Danny” sent emails to individual members of CAM’s listserv – but almost never to the larger listserv – strategically for the next year, seeking information about upcoming demonstrations and meetings. The off-list queries continued to raise red flags with CAM members he contacted, some of whom had never met him and did not know who he was.

    When we asked “Danny” at the 2013 May Day rally to confirm his name and identity as a CPD officer, he insisted he was “Danny Edwards” and claimed to be a friend of a local activist.

    That’s not how the activist described “Danny” to CAM volunteers at a street medic training before the NATO protests last spring. At that training, he told CAM members that “Danny” had recently befriended him, and he raised concerns there about “Danny’s” interest in topics ranging from Molotov cocktails to property damage.

    “NATO 5” Connection

    According to court documents released in the months after the NATO Summit protests, “Danny”is one of the undercover officers at the heart of the “NATO 5” criminal cases. He’s mentioned in the pre-NATO Summit pre-emptive raid search warrant documents as “Undercover Officer C,” and is also cited by his given name in court documents for one of the NATO defendants, Sebastian “Sabi” Senakiewicz, as a potential trial witness.

    We tried to question “Danny” about his undercover activities on May 6 at a house that had a sheet of paper with his given name and phone number taped to the front door. While he admitted he was, in fact, the named police officer he’d denied being just five days earlier, he declined to answer our questions.

    “Danny’s” post-NATO activities raise a key question: Why keep an undercover officer in play as a volunteer street medic in a nonviolent health-care project almost a year after the NATO protests that ostensibly put him into motion as a police spy in the first place?

    It’s virtually impossible to say from the official record. That’s because the CPD and Cook County State’s Attorney Anita Alvarez have fought tooth and nail in court for almost a year to prevent defense attorneys in the remaining NATO cases from learning more about the scope and character of police spying on political activity leading up to last year’s NATO Summit.

    At a “NATO 3” status hearing on May 14, 2013, prosecutors again opposed disclosing information about the wider scope of police spying on Chicago’s activist groups (as they have before in official court filings) in the months leading up to the NATO Summit. Defense attorneys rebutted in open court – as they did in writing earlier in their April 30, 2013, “Reply to the State’s Response to Defendants’ Motion to Compel” – that this information remains directly relevant to the NATO cases because it would broaden the context of the arrests of the NATO 3 and the CPD’s pre-NATO spying efforts targeting the activist community.

    Broader Context

    Police spying in recent years has targeted peace groups, environmentalists and the Occupy movement, a focus on protest as a potential flashpoint of “terrorism” that sometimes has disastrous consequences. By way of example, in Boston, local police focused their attention on the political activism of local residents at the same time they missed the threat posed by the Boston Marathon bombers.

    And law enforcement has also demonstrated a disturbing pattern of working undercover to create crime to prosecute crime. Notable cases like the “Cleveland 4” fit into a pattern that journalist Arun Gupta has described as law enforcement’s “war of entrapment against the Occupy movement.”

    Law enforcement infiltration in Chicago in the run-up to the 2012 NATO Summit unfolded most publicly with the use of at least two undercover cops who went by the names “Mo” and “Nadia.”

    Both were regular fixtures at a spring 2012 encampment to try to prevent the closure of the Woodlawn Mental Health Clinic on Chicago’s south side, one of six public mental health clinics slated for closure by city officials and hardly a flashpoint of “potential terrorist activity.” They also showed up at one point at an independent media center organized to cover the NATO protests and at numerous other documented locales in the two and a half months before the NATO Summit.

    “Red Squad” 2.0 Rolling Back into Town?

    Ongoing police spying a year after the NATO meeting by “Danny” – and potentially others – raises a real alarm among activists, including CAM street medics, whose national community traces its origins to the Medical Presence Project of the Medical Committee for Human Rights (MCHR).

    MCHR was first formed in 1964 to provide medical assistance to the civil rights movement. Its Chicago-based volunteers, who also provided medical aid at protests organized by peace projects and student groups opposed to the Vietnam War, were among thousands of civilians spied on by the CPD’s notorious Red Squad.

    “The CPD’s decision to plant an undercover police spy in Chicago Action Medical is outrageous, but sadly, comes as no surprise,” said CAM street medic Dick Reilly in an interview. “The CPD has a long and sordid history of surveillance and infiltration of labor, peace and social justice groups dating back to the 1886 railroading of the Haymarket defendants – efforts that led to the creation of Chicago’s infamous Red Squad. Over a hundred years later, the cops are clearly still at it.”

    For Reilly, CAM’s ongoing infiltration threatens core freedoms that range from the privacy rights of the people they treat to police officials’ ongoing assault on dissent in the city.

    “When the CPD targets a volunteer medical project like CAM – which seeks to provide basic first aid to people exercising their democratic rights and whose primary principle is to ‘do no harm’ – it underscores the lengths to which they’ll go to criminalize dissent, suppress resistance and pander to the agenda of the political and economic elites they actually serve and protect,” Reilly said.

    The Chicago Red Squad’s abuses of basic constitutional rights were so egregious – targets included the Parent-Teachers’ Association and the League of Women Voters – that a federal court slapped the city with a consent decree in 1982 that expressly barred politically motivated police spying unless police could show at least some evidence of criminal intent on the part of the targets of their spying.

    The city was finally able to win relief from the consent decree in January 2001, after arguing for years constitutional protections thwarted its ability to investigate gangs and “terrorism.”

    The consent decree’s demise hasn’t kept the CPD out of hot water for spying on political projects, either, beginning as early as 2002. Were the old consent decree still in place, CAM members believe “Danny’s” undercover spying on their work over the past year would have been illegal.

    McCarthy’s Spy-Ops Background at NYPD, Newark PD

    Just before he was sworn in as Chicago’s new mayor in May of 2011, Rahm Emanuel – a former US Congressman and chief of staff for President Obama – announced the appointment of new police superintendent Garry McCarthy. Three months later, McCarthy created an intelligence-gathering unit tasked to perform “counter-terrorism” work in preparation for the May 2012 NATO meetings.

    A career New York cop, McCarthy is no stranger to the use of systematic police spying.

    The New York Police Department (NYPD) has a contentious track record in this arena, prompting the implementation of New York’s own version of Chicago’s Red Squad consent decree – the Handschu Decree – while McCarthy was climbing up the NYPD’s ranks to a senior command position.

    It wasn’t long after he formally assumed the mantle of CPD superintendent in 2011 that McCarthy drew fire for allowing the latest iteration of New York’s police spy ring to operate in Newark, NJ, where he had served as police chief before taking the position as CPD’s top dog.

    McCarthy also served as an NYPD commander when the police set up spy rings before the 2004 Republican National Convention in New York City and during “CIA on the Hudson,” the joint NYPD/CIA project that was set up and run by former CIA Deputy Director for Operations David Cohen to “map the human terrain” of New York City’s Islamic community.

    Targeting Street Medics

    Volunteer street medics have historically been an attractive target for undercovers.

    CAM street medic Scott Mechanic met “Anna,” before she was outed as a police infiltrator, an FBI informant who used her position as a street medic to befriend and entrap environmental activists. One of those activists, Eric McDavid, is serving a 20-year sentence in a case built around Anna’s testimony and her reported entrapment activities.

    In the wake of Hurricane Katrina, Mechanic was also a street medic volunteer at New Orleans’ Common Ground Collective, where he and dozens of other volunteer health-care providers ran into Brandon Darby, an agent provocateur and FBI informant at the heart of another entrapment case, this one against David McKay and Bradley Crowder.

    “These kinds of informants and undercover police represent a real threat to activists, in no small part because they’re committed to manufacturing crime where none exists to terrorize the public and justify their abuses of our right to dissent,” said Mechanic. “This Chicago cop’s infiltration of our group raises real questions about police intrusion into protesters’ medical histories – and it’s a truly despicable example of exploiting people’s caregivers as part of the national campaign to criminalize dissent.”

    Convergence of the War on Drugs, War on Terrorism

    As a Chicago cop, the CPD officer who infiltrated CAM has worked on narcotics and gang cases, including as an undercover officer.

    Given the growing conflation of the “War on Drugs” with the “War on Terrorism,” which is increasingly married to a War on Dissent, it’s not surprising that the Chicago police officer who infiltrated CAM would segue into COINTELPRO-style undercover work. By the 1990’s, the CPD was listing dissidents by alleged political affiliation in their gang database, in tandem with then-Mayor Richard M. Daley’s claim that the Red Squad Consent Decree shackled cops’ ability to investigate both gangs and “terrorism.”

    Shahid Buttar, executive director of the Bill of Rights Defense Committee, points to the delayed notice search warrants enabled by Section 213 of the USA PATRIOT Act – presented to the public as a counter-terrorism tool – as a key example of the War on Drugs’ convergence with the War on Terrorism.

    “Both the War on Drugs and the War on Terrorism have long represented cash cows for law enforcement and intelligence agencies, from the FBI all the way down to local police departments,” Buttar said in an interview. “Beyond the serial corruption of agencies pimping public fears to inflate their budgets, many particular powers claimed as necessary for one ‘war’ are actually used more in the other.”

    The Chicago Police Department did not respond to our phone calls or emails about this story.

    Tuesday, 21 May 2013 09:55
    By Steve Horn and Chris Geovanis, Truthout | Report

    Find this story at 21 May 2013

    © 2012 Truthout

    The NATO 5: Manufactured Crimes Used to Paint Political Dissidents as Terrorists

    A high-stakes game is being played in the United States today called, “To Catch a Terrorist.” The public need not worry, though, as the risks are surprisingly low. In this game, the police claim to prevent nefarious terrorist plots, while in reality they’re taking credit for foiling the same victimless crimes they themselves manufacture. This deceitful strategy is used primarily on Muslims and Arab-Americans, but a string of recent cases shows how political dissidents are also being entrapped, both figuratively and literally.

    Last year, Cook County State’s Attorney Anita Alvarez dusted off a rarely used 11-year-old Illinois State terrorism statute and, with great fanfare, charged several dissidents with crimes of terrorism on the eve of a national political protest. The NATO 5, as they became known, have since garnered widespread support in Chicago, across the country, and around the world.

    This week marks a dramatic shift in their lengthy prosecution. Attorneys for three of the defendants, most of whom are members of the National Lawyers Guild (NLG), will be filing briefs today, January 25th in order to challenge the constitutionality of the state terrorism statute under which four of the activists were originally charged. If the court finds the law to be unconstitutional, the three highest profile cases could go to trial in September with no terrorism charges, fewer felonies to defend against, and facing a far less ominous sentence than the current 40 years in prison.

    * * *

    Wednesday, May 16th wasn’t particularly memorable, except that it fell three days prior to the North Atlantic Treaty Organization (NATO) summit, a National Special Security Event (NSSE) held in Chicago from May 19th-21st. It was the first time in 13 years that NATO member states had met on U.S. soil, well before the 9/11 attacks, and the Obama administration funneled millions of federal taxpayer dollars into a massive “security” apparatus to ensure a seamless summit.

    Ever since the NSSE designation was established by President Clinton in 1998, it has been synonymous with heavy surveillance and infiltration of political groups, police brutality, preemptive raids and mass arrests. The NATO summit in Chicago last spring would be no exception.

    In the dark of night with guns drawn, the police used “no-knock” search warrants to break down the doors of an apartment building in the Bridgeport district of Chicago at approximately 11:30 pm that Wednesday. Unbeknownst to the thousands of anti-NATO activists in the city at the time, and members of the local NLG chapter which was providing legal support for the demonstrations, the police arrested nine activists, seizing computers, cell phones, political literature and other personal belongings from the building. Police also searched neighboring apartments and questioned residents, allegedly repeatedly calling one of the tenants a “Commie faggot.”

    The Chicago Police Department (CPD) refused to acknowledge they had arrested anyone in Bridgeport that night, let alone divulge where they were being held. It wasn’t until the following afternoon that NLG attorneys determined nine activists had been taken to the Organized Crime Division of the CPD. Within 72 hours, six of the nine were released without charges.

    On Saturday, the first day of the NATO summit, the three remaining activists were brought before Cook County Judge Edward Harmening on charges of possessing an incendiary device, material support for terrorism, and conspiracy to commit terrorism. The prosecutor wasted no time in labeling the defendants as “self-proclaimed anarchists,” as if to inherently equate thought crime and political ideology with criminal activity or terrorism, though Assistant State’s Attorney Matthew Thrun provided no evidence to substantiate his hyperbole. Thrun accused the three defendants — Brian Jacob Church, who was 20 at the time, and Jared Chase and Brent Betterly, who were both 24 — with preparing to commit “terrorist acts of violence and destruction directed against different targets in protest to the NATO summit”:

    Specifically, plans were made to destroy police cars and attack four CPD stations with destructive devices, in an effort to undermine the police response to the conspirators’ other planned action for the NATO summit. Some of the proposed targets included the Campaign Headquarters of U.S. President Barack Obama, the personal residence of Chicago Mayor Rahm Emmanuel (sic), and certain downtown financial institutions.

    Although no evidence of the allegations was provided, Assistant State’s Attorney Thrun asked the court to impose a bond of $5 million for each defendant. Judge Harmening rejected his request, but was apparently convinced enough by the State’s proffer to impose an equally unreasonable amount of $1.5 million bond each. The prosecutor and judge likely reasoned that such a prohibitively high bond would keep the three defendants imprisoned until trial. They were right. Church, Chase, and Betterly have been held in Cook County Jail for more than eight months now, with their trial currently scheduled to begin on September 16, 2013, more than a year after they were arrested.

    Shortly after tracking down Church, Chase, and Betterly, the Guild’s legal team discovered two more activists — Sebastian Senakiewicz and Mark Neiweem — who were also surreptitiously arrested on terrorism-related charges. Senakiewicz, 24, was arrested at his Chicago home the day after the Bridgeport raid and charged with falsely making a terrorist threat, another felony under the State’s 2001 terrorism statute. Neiweem, a 28-year-old local activist, was arrested the same day, but in a far more sensationalized way. In broad daylight, he was snatched by numerous undercover police officers from Michigan Avenue, one of the busiest streets in the city, undoubtedly aimed at inducing fear in those witnessing the aggressive apprehension. Neiweem was slapped with felony solicitation and attempted possession of an incendiary device, but was not charged under the State’s terrorism statute as the others were.

    NLG attorneys representing Senakiewicz and Neiweem argued at their bond hearing that they were denied their Constitutional due process rights by being refused a hearing within 48 hours. Senakiewicz was allegedly held for 68 hours without seeing a judge or being able to access a phone or his attorney, who finally got to visit Senakiewicz only minutes before his bond hearing. Neiweem was allegedly held for 66 hours before getting a hearing, and was denied medical treatment in detention. According to the NLG, on several occasions Neiweem was forced to choose between seeing his attorney and going to the hospital.

    Once before a judge, the State’s Attorney painted Senakiewicz and Neiweem as violent criminals and convinced the court to impose similarly high bonds of $750,000 and $500,000 respectively. Unable to raise sufficient funds, Senakiewicz and Neiweem also remain incarcerated at Cook County Jail.

    But the terrorism-related charges weren’t the only threads connecting the NATO 5 cases together. At least two undercover Chicago police officers are also believed to have been integral to each defendant’s arrest and prosecution. Shortly after the Bridgeport raid, Occupy Chicago activists began piecing together a CPD spying operation that had lasted for months before the NATO summit. As early as March, two assumed activists who went by the names “Mo” and “Gloves” began working with the Occupy Chicago movement. On April 13th, at least one of them was arrested with a small group of Occupy Chicago activists, who had held a demonstration with STOP (Southside Together Organizing for Power) in order to keep open the Woodlawn Mental Health Clinic, which had been scheduled for closure by Mayor Rahm Emanuel.

    By the time Church, Chase and Betterly arrived in Chicago around May Day, Mo and Gloves had fully ingratiated themselves in the ranks of the Occupy movement and were supposedly involved in helping plan the NATO demonstrations. By contrast, the three activists from Florida were unfamiliar with the political terrain in Chicago and, more than most, were vulnerable to manipulation by two unsuspected undercover cops.

    While little is publicly known about the interactions between Church, Chase, and Betterly and the infiltrators, we do know that Mo and Gloves were arrested with the nine activists the night of the Bridgeport raid. For the past six months, defense attorneys have been poring over trillions of bytes of recorded and written information, an overwhelming amount of data that was dumped on them by the prosecution, thereby significantly complicating and hampering the discovery process.

    Of course, that’s part of the game… hiding the ball in plain sight, especially if the ingredients of entrapment are present. The defense wants to know how instructive Mo and Gloves might have been in getting the three to engage in the alleged criminal behavior. Did the undercover cops or their federal counterparts instigate the idea to use Molotov cocktails? How dependent were the three activists on Mo and Gloves to execute the plan? Answers to these questions would better enable the attorneys for Church, Chase, and Betterly to mount an entrapment defense, but by contrast the lack of answers will make that effort much more difficult.

    To successfully assert an entrapment defense, the accused must show by a preponderance of the evidence that they were induced or coerced to commit the crime. By no means is this easy to do in a court of law. In fact, no terrorism charges since 9/11 have been beaten based on an entrapment defense, though there have been numerous cases involving undercover police and paid informants.

    Three activists were charged with federal terrorism-related crimes during the 2008 Republican convention protests in St. Paul for possession of unused Molotov cocktails. And, in advance of May Day protests last year, five Occupy Cleveland activists were arrested and charged with attempting to blow up a bridge with fake explosives, supplied by the FBI. In each of these cases, paid FBI informants cultivated relationships with activists in order to carry out plans that would never have been hatched or developed without law enforcement participation.

    The entrapment defense, however, opens the door for prosecutors to argue that Church, Chase, and Betterly had the propensity to commit the crime. And, while the State’s Attorney must show beyond a reasonable doubt that the three were predisposed, that open door is still a serious concern for the defense.

    With the discovery process scheduled to wrap up by February 25th, the defense is continuing to push for more information, especially related to the federal government. The Federal Bureau of Investigation (FBI) is mentioned in the State’s Attorney’s proffer and the defense wants to know the extent of the agency’s involvement. The FBI is commonly integral to these types of criminal investigations, as the lead counter-intelligence agency for NSSEs. However, the FBI chose not to bring federal charges and has tried to downplay its involvement in the case.

    Right now, though, the focus for the defense is challenging the IL State terrorism statute, 720 ILCS 5/29D. Indicating early on that it intended to question the basis of the charges being brought by the State’s Attorney, the defense is now preparing to file its initial brief today, January 25th. Attorneys will argue that the terrorism statute is so vague as to be unconstitutional on its face and as applied against their clients. The goal of the legal challenge is not only to dismiss terrorism charges against the NATO defendants, but also to prevent the State’s Attorney from using a flawed criminal statute against others in the future.

    “The State’s Attorney is using sensational terrorism charges to justify the extensive investigation against Occupy Chicago, including months of infiltration as well as this expensive and ongoing prosecution,” said Sarah Gelsomino, who is representing Church as an attorney with the People’s Law Office. “We intend to show that the State’s terrorism statute is bad law that should be stricken.”

    The State’s Attorney will have until February 15th to reply to the defendants’ challenge. Cook County Judge Thaddeus L. Wilson, who is presiding over the case, is expected to rule some time after February 25th, when the defense files its final brief in the pre-trial challenge. If the IL State terrorism statute is found to be unconstitutional, either facially or as applied, the defendants’ highest-level felonies could be thrown out. However, that would not necessarily mean their cases would be dismissed entirely. When Church, Chase, and Betterly were finally indicted by grand jury on June 12th, the State’s Attorney had tacked on eight more felonies, including additional counts of possession of an incendiary device, attempted arson, solicitation to commit arson, conspiracy to commit arson and two counts of unlawful use of a weapon, for a total of eleven charges each. Prosecutors have been known to overcharge in criminal cases as a means of getting at least some of the charges to stick. It’s difficult to deny that such a strategy is being used in this case.

    Though their cases and situations are different than the three most seriously charged, Senakiewicz and Neiweem are getting the same level of support from activists in Chicago and elsewhere around the country. Neiweem is a local activist who has been targeted before by police for his lawful political activity. On at least one occasion since his incarceration, Neiweem allegedly has been badly beaten and hospitalized by Cook County Sheriff jail guards, and allegedly has been repeatedly held in isolation. Senakiewicz, an activist and Polish immigrant living in Chicago who was facing up to 15 years in prison, accepted a plea bargain in November, in which he agreed to a single terrorism-related felony, and a 4-year prison sentence. Although the prosecution led Senakiewicz to believe he would only have to serve a 120-day sentence in an out-of-county “boot camp” for non-violent offenders, he was ultimately ineligible for the program and will be forced to serve the entire sentence. Supporters also fear his immediate deportation upon release.

    “Honestly, how serious was this case?” asked Guild attorney Jeff Frank, who represented Senakiewicz (also known as “Sabi”) with fellow NLG attorney Melinda Power. “Sabi is guilty of imprudent language,” said Frank. “That’s hardly grounds to extract a guilty plea for a serious felony, but that’s how Ms. Alvarez has chosen to spend the taxpayers’ resources.”

    So, why were the NATO 5 arrested in such a spectacular way, just days before a controversial summit in Chicago? And, why are they being used as pawns in a high-stakes game of “To Catch a Terrorist?” Maybe the answers partly lie in the questions.

    The motivations are actually just beneath the surface. The State’s Attorney’s aforementioned need to justify the investigation, infiltration and prosecution of the NATO 5 is likely a primary impulse. The tactic of preemptive police raids, a common trademark of NSSE law enforcement operations used to chill imminent protest activity, cannot be discounted. But, there is also a coordinated effort by local and federal officials to perpetuate a billion-dollar “protection racket,” in which law enforcement uses an aggressive counter-terrorism approach to both instill fear in the public and then, after solving the “crime,” induce the perception of safety. It’s also reasonable to assume that the NATO terrorism cases are an extension of the ongoing efforts to monitor and undermine the Occupy Wall Street movement. Perhaps there are elements of each in the effort to prosecute the NATO 5.

    Regardless of the motivations, the NATO 5 case is indicative of a growing trend in law enforcement strategies used during political demonstrations: entrapping dissidents in manufactured terrorism crimes. As Glenn Greenwald recently wrote in the Guardian:

    The most significant civil liberties trend of the last decade, in my view, is the importation of War on Terror tactics onto U.S. soil, applied to U.S. citizens… It should be anything but surprising that the FBI — drowning in counter-terrorism money, power and other resources — will apply the term ‘terrorism’ to any group it dislikes and wants to control and suppress.

    Disclosure: Kris Hermes is a member of the National Lawyers Guild.

    May 24, 2013
    Posted: 01/25/2013 4:01 pm

    Find this story at 25 May 2013

    Copyright © 2013 TheHuffingtonPost.com, Inc.

    ‘Common practice’ for cops to use dead kids IDs; Shocking … cops used dead children’s identities

    POLICE have admitted it was “common practice” for undercover officers to adopt the identities of dead children for aliases in the 1980s – but said they had no idea exactly how many times the sick tactic was used.

    Despite a number of requests from relatives of dead children, Chief Constable Mick Creedon said none of the people affected had been told yet.

    He also admitted no arrests had been made and no officers faced disciplinary proceedings.

    The Derbyshire police boss said: “No families of children whose identities have been used have been contacted and informed.

    “No answer either positive or negative has yet been given in relation to these inquiries from families.”

    Commenting on the continuing Operation Herne investigation, he said the issue is “very complicated and mistakes could put lives in jeopardy”.

    Keith Vaz MP, Home Affairs Select Committee chairman, has demanded all affected families be contacted immediately.

    Operation Herne – a probe into undercover policing by the Metropolitan Police’s Special Demonstrations Squad – was set up after PC Mark Kennedy posed as an environmental protestor and had a sexual relationship with an activist.

    A number of men and women are suing the Met over alleged intimate relationships with undercover cops.

    The investigation, which has 23 officers and ten police staff working on it, has so far cost £1.25million and is expected to cost a further £1.66million over the next year.

    By KAREN MORRISON
    Published: 17th May 2013

    Find this story at 17 May 201

    © News Group Newspapers Limited

     

     

    The ex-FBI informant with a change of heart: ‘There is no real hunt. It’s fixed’

    Craig Monteilh describes how he pretended to be a radical Muslim in order to root out potential threats, shining a light on some of the bureau’s more ethically murky practices

    Craig Monteilh: ‘It is all about entrapment.’ Photograph: The Washington Post

    Craig Monteilh says he did not balk when his FBI handlers gave him the OK to have sex with the Muslim women his undercover operation was targeting. Nor, at the time, did he shy away from recording their pillow talk.

    “They said, if it would enhance the intelligence, go ahead and have sex. So I did,” Monteilh told the Guardian as he described his year as a confidential FBI informant sent on a secret mission to infiltrate southern Californian mosques.

    It is an astonishing admission that goes to the heart of the intelligence surveillance of Muslim communities in America in the years after 9/11. While police and FBI leaders have insisted they are acting to defend America from a terrorist attack, civil liberties groups have insisted they have repeatedly gone too far and treated an entire religious group as suspicious.

    Monteilh was involved in one of the most controversial tactics: the use of “confidential informants” in so-called entrapment cases. This is when suspects carry out or plot fake terrorist “attacks” at the request or under the close supervision of an FBI undercover operation using secret informants. Often those informants have serious criminal records or are supplied with a financial motivation to net suspects.

    In the case of the Newburgh Four – where four men were convicted for a fake terror attack on Jewish targets in the Bronx – a confidential informant offered $250,000, a free holiday and a car to one suspect for help with the attack.

    In the case of the Fort Dix Five, which involved a fake plan to attack a New Jersey military base, one informant’s criminal past included attempted murder, while another admitted in court at least two of the suspects later jailed for life had not known of any plot.

    Such actions have led Muslim civil rights groups to wonder if their communities are being unfairly targeted in a spying game that is rigged against them. Monteilh says that is exactly what happens. “The way the FBI conducts their operations, It is all about entrapment … I know the game, I know the dynamics of it. It’s such a joke, a real joke. There is no real hunt. It’s fixed,” he said.

    But Monteilh has regrets now about his involvement in a scheme called Operation Flex. Sitting in the kitchen of his modest home in Irvine, near Los Angeles, Monteilh said the FBI should publicly apologise for his fruitless quest to root out Islamic radicals in Orange County, though he does not hold out much hope that will happen. “They don’t have the humility to admit a mistake,” he said.

    Monteilh’s story sounds like something out of a pulp thriller. Under the supervision of two FBI agents the muscle-bound fitness instructor created a fictitious French-Syrian alter ego, called Farouk Aziz. In this disguise in 2006 Monteilh started hanging around mosques in Orange County – the long stretch of suburbia south of LA – and pretended to convert to Islam.

    He was tasked with befriending Muslims and blanket recording their conversations. All this information was then fed back to the FBI who told Monteilh to act like a radical himself to lure out Islamist sympathizers.

    Yet, far from succeeding, Monteilh eventually so unnerved Orange County’s Muslim community that that they got a restraining order against him. In an ironic twist, they also reported Monteilh to the FBI: unaware he was in fact working undercover for the agency.

    Monteilh does not look like a spy. He is massively well built, but soft-spoken and friendly. He is 49 but looks younger. He lives in a small rented home in Irvine that blends into the suburban sprawl of southern California. Yet Monteilh knows the spying game intimately well.

    By his own account Monteilh got into undercover work after meeting a group of off-duty cops working out in a gym. Monteilh told them he had spent time in prison in Chino, serving time for passing fraudulent checks.

    It is a criminal past he explains by saying he was traumatised by a nasty divorce. “It was a bad time in my life,” he said. He and the cops got to talking about the criminals Monteilh had met while in Chino. The information was so useful that Monteilh says he began to work on undercover drug and organised crime cases.

    Eventually he asked to work on counter-terrorism and was passed on to two FBI handlers, called Kevin Armstrong and Paul Allen. These two agents had a mission and an alias ready-made for him.

    Posing as Farouk Aziz he would infiltrate local mosques and Islamic groups around Orange County. “Paul Allen said: ‘Craig, you are going to be our computer worm. Our guy that gives us the real pulse of the Muslim community in America’,” Monteilh said.

    The operation began simply enough. Monteilh started hanging out at mosques, posing as Aziz, and explaining he wanted to learn more about religion. In July, 2006, at the Islamic Center of Irvine, he converted to Islam.

    Monteilh also began attending other mosques, including the Orange County Islamic Foundation. Monteilh began circulating endlessly from mosque to mosque, spending long days in prayer or reading books or just hanging out in order to get as many people as possible to talk to him.

    “Slowly I began to wear the robes, the hat, the scarf and they saw me slowly transform and growing a beard. At that point, about three or four months later, [my FBI handlers] said: ‘OK, now start to ask questions’.”

    Those questions were aimed at rooting out radicals. Monteilh would talk of his curiosity over the concepts of jihad and what Muslims should do about injustices in the world, especially where it pertained to American foreign policy.

    He talked of access to weapons, a possible desire to be a martyr and inquired after like-minded souls. It was all aimed at trapping people in condemning statements. “The skill is that I am going to get you to say something. I am cornering you to say “jihad”,” he said.

    Of course, the chats were recorded.

    In scenes out of a James Bond movie, Monteilh said he sometimes wore a secret video recorder sewn into his shirt. At other times he activated an audio recorder on his key rings.

    Monteilh left his keys in offices and rooms in the mosques that he attended in the hope of recording conversations that took place when he was not there. He did it so often that he earned a reputation with other worshippers for being careless with his keys. The recordings were passed back to his FBI handlers at least once a week.

    He also met with them every two months at a hotel room in nearby Anaheim for a more intense debriefing. Monteilh says he was grilled on specific individuals and asked to view charts showing networks of relationships among Orange County’s Muslim population.

    He said the FBI had two basic aims. Firstly, they aimed to uncover potential militants. Secondly, they could also use any information Monteilh discovered – like an affair or someone being gay – to turn targeted people into becoming FBI informants themselves.

    None of it seemed to unnerve his FBI bosses, not even when he carried out a suggestion to begin seducing Muslim women and recording them.

    At one hotel meeting, agent Kevin Armstrong explained the FBI attitude towards the immense breadth of Operation Flex – and any concerns over civil rights – by saying simply: “Kevin is God.”

    Monteilh’s own attitude evolved into something very similar. “I was untouchable. I am a felon, I am on probation and the police cannot arrest me. How empowering is that? It is very empowering. You began to have a certain arrogance about it. It is almost taunting. They told me: ‘You are an untouchable’,” he said.

    But it was not always easy. “I started at 4am. I ended at 9.30pm. Really, it was a lot of work … Farouk took over. Craig did not exist,” he said. But it was also well paid: at the peak of Operation Flex, Monteilh was earning more than $11,000 a month.

    But he was wrong about being untouchable.

    Far from uncovering radical terror networks, Monteilh ended up traumatising the community he was sent into. Instead of embracing calls for jihad or his questions about suicide bombers or his claims to have access to weapons, Monteilh was instead reported to the FBI as a potentially dangerous extremist.

    A restraining order was also taken out against him in June 2007, asking him to stay away from the Islamic Center of Irvine. Operation Flex was a bust and Monteilh had to kill off his life as Farouk Aziz.

    But the story did not end there. In circumstances that remain murky Monteilh then sued the FBI over his treatment, claiming that they abandoned him once the operation was over.

    He also ended up in jail after Irvine police prosecuted him for defrauding two women, including a former girlfriend, as part of an illegal trade in human growth hormone at fitness clubs. (Monteilh claims those actions were carried out as part of another secret string operation for which he was forced to carry the can.)

    What is not in doubt is that Monteilh’s identity later became public. In 2009 the FBI brought a case against Ahmad Niazi, an Afghan immigrant in Orange County.

    The evidence included secret recordings and even calling Osama bin Laden “an angel”. That was Monteilh’s work and he outed himself to the press to the shock of the very Muslims he had been spying on who now realised that Farouk Aziz – the radical they had reported to the FBI two years earlier – had in fact been an undercover FBI operative.

    Now Monteilh says he set Niazi up and the FBI was trying to blackmail the Afghani into being an informant. “I built the whole relationship with Niazi. Through my coercion we talked about jihad a lot,” he said. The FBI’s charges against Niazi were indeed later dropped.

    Now Monteilh has joined an American Civil Liberties Union lawsuit against the FBI. Amazingly, after first befriending Muslim leaders in Orange County as Farouk Aziz, then betraying them as Craig Monteilh, he has now joined forces with them again to campaign for their civil liberties.

    That has now put Monteilh’s testimony about his year undercover is at the heart of a fresh legal effort to prove that the FBI operation in Orange County unfairly targeted a vulnerable Muslim community, trampling on civil rights in the name of national security.

    The FBI did not respond to a request from the Guardian for comment.

    It is not the first time Monteilh has shifted his stance. In the ACLU case Monteilh is now posing as the sorrowful informant who saw the error of his ways.

    But in previous court papers filed against the Irvine Police and the FBI, Monteilh’s lawyers portrayed him as the loyal intelligence asset who did sterling work tackling the forces of Islamic radicalism and was let down by his superiors.

    In those papers Monteilh complained that FBI agents did not act speedily enough on a tip he gave them about a possible sighting of bomb-making materials. Now Monteilh says that tip was not credible.

    Either way it does add up to a story that shifts with the telling. But that fact alone goes to the heart of the FBI’s use of such confidential informants in investigating Muslim communities.

    FBI operatives with profiles similar to Monteilh’s – of a lengthy criminal record, desire for cash and a flexibility with the truth – have led to high profile cases of alleged entrapment that have shocked civil rights groups across America.

    In most cases the informants have won their prosecutions and simply disappeared. Monteilh is the only one speaking out. But whatever the reality of his year undercover, Monteilh is almost certainly right about one impact of Operation Flex and the exposure of his undercover activities: “Because of this the Muslim community will never trust the FBI again.”

    Paul Harris in Irvine, California
    guardian.co.uk, Tuesday 20 March 2012 16.50 GMT

    Find this story at 20 March 2012

    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    Editor of The Progressive Calls for Eric Holder to Resign over Spying on Press, Occupy Protesters

    As the Obama administration faces criticism for the Justice Department’s spying on journalists and the IRS targeting of right-wing organizations, newly released documents show how the FBI, the Department of Homeland Security and local police forces partnered with corporations to spy on Occupy protesters in 2011 and 2012. Detailed in thousands of pages of records from counter terrorism and law enforcement agencies, the spying monitored the activists’ online usage and led to infiltration of their meetings. One document shows an undercover officer was dispatched in Arizona to infiltrate activists organizing protests around the American Legislative Exchange Council (ALEC), the secretive group that helps corporate America propose and draft legislation for states across the country. We’re joined by Matt Rothschild of The Progressive, who tackles the surveillance in his latest article, “Spying on Occupy Activists: How Cops and Homeland Security Help Wall Street.”

    Watch Part Two of interview here
    Transcript

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

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

    The documents show how fusion center personnel spied on Occupy protesters, monitored their Facebook accounts, and infiltrated their meetings. One document showed how the Arizona fusion center dispatched an undercover officer to infiltrate activist groups organizing protests around the American Legislative Exchange Council, or ALEC, the secretive group that helps corporate America propose and draft legislation for states across the country. The undercover officer apparently worked for the benefit of the private entity ALEC despite being on the public payroll.

    AMY GOODMAN: Democracy Now! reached out to the Phoenix Police Department to join us on the show, but they declined our request. Sergeant Trent Crump in the media relations department said in an email, quote, “Occupy Phoenix presented itself with a great deal of civil unrest over a long period of time. We monitored available Intel all the time, as it is used for Intel-driven policing. Intel dictated resources and response tactics to address, mitigate, and manage this ongoing activity which was very fluid and changing day-to-day. This approach ensured that citizens can exercise their civil rights, while we protect the community at the same time,” they said.

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

    Matt, welcome to Democracy Now! Just lay out what you have found.

    MATTHEW ROTHSCHILD: Hey, Amy. Thanks for having me on.

    Yeah, I mean, these documents from the Center for Media and Democracy and DBA Press show that law enforcement and Homeland Security have equated protesters, left-wing protesters, as terrorists. They have diverted enormous amounts of resources from counterterrorism efforts to spy on these local protesters, and then they’ve collaborated with the private sector, some of the very institutions—banks—that these protesters were aiming at. And as you read in that statement from the Phoenix Police Department, the effort was to mitigate these protests. I mean, why is law enforcement, why is Homeland Security, in the business of mitigating protests?

    NERMEEN SHAIKH: Well, I want to go to a response that we received from the Phoenix Police Department when we reached them for comment. And they said that they were not treating Occupy protesters as potential terrorists. They said, “[W]e are an all hazards incident management team, we have gathered information at all types of events [such as] Superbowl, World Series, SB 1070 protest etc.” So can you say how it is that their monitoring of Occupy protesters differed qualitatively from the other events that the Phoenix Police Department named?

    MATTHEW ROTHSCHILD: Sure. Well, they’re using resources from the Arizona Counter Terrorism Information Center, the Arizona fusion center, and they’re using Homeland Defense personnel in the Phoenix Police Department to track Occupy activists. So, it’s a little disingenuous of them to say they’re not treating these protesters as terrorists when they’re using their own anti-terrorist personnel to spend a lot of time simply tracking these activists. One of the police officers who was on the Homeland Defense Bureau of the Phoenix Police Department said she was primarily spending her time tracking Occupy activists on social media.

    AMY GOODMAN: We also asked the Phoenix police if law enforcement is infiltrating Occupy meetings. And he replied, quote, “Infiltrate? No. Attend open meetings? Yes.” Democracy Now! also asked Trent Crump if law enforcement tracked Occupy activists online. He replied, “Yes, we gather intel on a number of social media sites regularly.” So, what about this? And also, this issue of law enforcement monitoring the protests against ALEC, the American Legislative Exchange Council, when we asked him this, he said, “Yes, public safety.” Your response?

    MATTHEW ROTHSCHILD: Well, they not only monitored the ALEC protests in late November 2011, but they also sent a face sheet to the security personnel for ALEC, a face sheet of the faces and names and identities of Occupy protesters who have been doing some activism in the Phoenix area, to make the ALEC security personnel aware of who may be coming to their protests. They were also tracking—

    AMY GOODMAN: So the police are working with the companies and the organizations.

    MATTHEW ROTHSCHILD: Absolutely. Yeah, they were working with security for the American Legislative Exchange Council. They were also letting security know when Jesse Jackson was going to be in town to join an Occupy protest and an ALEC protest. Is that really their job to be passing information on to these private entities?

    And then, with some of the bank protests that Occupy Phoenix was planning, they were giving downtown banks all sorts of information. “Give downtown banks everything they need.” That was one internal memo from the Phoenix Police Department, when it was a day of protest against these banks and Occupy was urging the bank customers to cut up their credit cards from these banks. And which banks are we talking about? We’re talking about Bank of America, Wells Fargo, Chase—some of the very targets that Occupy had been protesting against. So, the question is: Who are the police department working for? Are they working for citizens? Are they working for the private sector? Are they working for the banks?

    NERMEEN SHAIKH: Can you put—Matt Rothschild, can you put this in a wider historical context? Is this kind of surveillance unprecedented in the U.S.? And what accounts for its occurrence during Occupy in the way that you describe?

    MATTHEW ROTHSCHILD: Well, unfortunately, it’s not unprecedented. There’s a terrible history of law enforcement and the FBI spying on left-wing activists, going back to the COINTELPRO program of the FBI in the ’60s and ’70s, where they infiltrated the Black Panther movement and the American Indian Movement. But interestingly, after those revelations came out, there were guidelines imposed by the Justice Department itself, the so-called Levi guidelines. Edward Levi was the attorney general under the Ford administration who said you can’t go spying on and infiltrating activist groups in this country unless there’s a predicate of criminal activity. Well, after 9/11, the Bush administration and Ashcroft, his attorney general, completely destroyed the Levi guidelines and let law enforcement do any kind of infiltration they want, without any necessity for any hint of criminal activity on the part of the activists.

    AMY GOODMAN: Matt Rothschild, you’ve called for the resignation of Attorney General Eric Holder. Why?

    MATTHEW ROTHSCHILD: Well, for a number of reasons, Amy, first of all, for this scandal about investigating reporters. I think that’s outrageous. We had more than a hundred AP reporters and editors that the Justice Department was gathering information on, and now we have the revelation about the Fox News reporter James Rosen, who was being accused of being a co-conspirator under the Espionage Act of 1917 simply for doing his reporting job. Also, the attorney general has been essentially waging war on whistleblowers under the Espionage Act.

    And on top of that, let’s remember, this attorney general, Eric Holder, has been rationalizing the assassination program that the Obama administration has been engaging in, saying that a drone can drop a bomb on a U.S. citizen anywhere in the world, and that U.S. citizen will already have had due process simply because the Obama administration itself or the president or the secretary of defense calls that person a terrorist. Now, that’s not due process, and that’s not what the Justice Department should be doing. Certainly the attorney general, the chief law enforcement officer of this country, should know better than that.

    AMY GOODMAN: Matthew Rothschild, isn’t he just carrying out President Obama’s policies?

    MATTHEW ROTHSCHILD: Well, he very well might be, and then we have a more serious problem. We have a serious problem at the very top with a president of the United States, again, like George W. Bush, engaging in illegal activity.

    AMY GOODMAN: We want to thank you for being with us. We’re going to do part two of the interview and post it at democracynow.org. Matt Rothschild, editor and publisher of The Progressive magazine, wrote the cover story for the June issue, “Spying on Occupy Activists: How Cops and Homeland Security Help Wall Street.”

    Wednesday, May 22, 2013

    Find this story at 22 May 2013

    Nestlé has nothing to fear from Swiss legal system; No investigation into the murder of Colombian trade unionist

    10 May 2013 – Fourteen months after receiving a criminal complaint, the office of public prosecution in the Swiss Canton of Waadt decided on 1 May 2013 not to investigate whether Nestlé and its managers were liable for negligently contributing to the death of Colombian Nestlé trade unionist Luciano Romero. In March 2012 the European Center for Constitutional and Human Rights (ECCHR) together with Colombian partner organizations lodged a complaint with the prosecution in the German speaking Canton of Zug, who failed to initiate an investigation and instead handed the proceedings over to the Canton of Waadt. Rather than promptly beginning an investigation, the prosecution in Waadt made use of various formalities to delay the proceedings until they could declare that the matter had become time-barred. The victim’s widow, who had lodged her own criminal complaint and who is represented by Zurich lawyers Marcel Bosonnet and Florian Wick, will appeal the decision.

    Overall, the proceedings demonstrate that the Swiss judiciary is unwilling to pursue substantiated allegations against corporations. Swiss law makes it effectively impossible for non-European victims of Swiss firms, in particular, to enforce their rights before the courts. The criminal complaint accused senior managers as well as the Nestlé firm itself of negligently contributing to the murder by paramilitaries of Luciano Romero on 10 September 2005 in Vallepudar, Colombia. Despite being informed about the threats made against Romero, they failed to use the resources available to them to prevent the murder. The direct perpetrators of the crime – those who actually carried out the murder – were convicted in Colombia in 2006 and 2007, a rare occurrence in the country with the world’s highest rate of murder and intimidation of trade unionists. At the close of these proceedings in 2007, the Colombian court called for a criminal investigation into the role of Nestlé subsidiary Cicolac as well as the parent company, yet no such investigation was carried out. Despite ample indications of criminal liability, no prosecutor in Switzerland or in Colombia has initiated an investigation. It was left to Colombian lawyers and trade unionists together with the ECCHR to investigate the circumstances of the case and work on behalf of the family of Luciano Romero, work which evidently came too late.

    ECCHR General Secretary had the following comment on the prosecution’s decision:

    “Even our lowest expectations of the Swiss judiciary have been let down in the Nestlé case. But regardless of how this case proceeds, the problem is clear: Swiss companies have a liability – including a legal liability – for human rights violations committed outside Europe. If current Swiss law prevents the victims of such crimes from enforcing their rights then it – along with the laws of other European countries – must be reformed.”

    For further information please contact:

    ECCHR, Wolfgang Kaleck, info@ecchr.eu, Tel: ++49 (030) 400 485 90

    European Center for Constitutional and Human Rights e.V. (ECCHR)

    Zossener Str. 55-58, Aufgang D

    D-10961 BERLIN

    Phone: + 49 (0)30 – 40 04 85 90

    Fax: + 49 (0)30 – 40 04 85 92

    E-Mail: info@ECCHR.eu

    Nestle under fire over Colombian murder

    A Nestle employee and union member in Colombia was murdered by paramilitary forces seven years ago. Human rights organizations say Nestle shares the blame, but investigations have stalled for years.

    Over three months ago, the European Center for Constitutional and Human Rights in Berlin (ECCHR) and Sinaltrainal, the Colombian trade union for the food industry, teamed up to press charges against food giant Nestle with the public prosecutor in the Swiss canton of Zug.

    The groups accused Nestle of responsibility for the murder of Luciano Romero in 2005, due to neglect of safety precautions. However, investigation into the case has yet to begin.

    It looks like the complaint is a hot one for the Swiss prosecution to handle. The case would set a new precedent. It would be the first time that a Swiss business had been held legally responsible for a breach of law abroad.

    Nestle, which is the biggest food company and one of the most multinational companies in the world, is also the biggest taxpayer in Switzerland. The company has 328,000 employees in more than 150 countries, with revenue last year of 70 billion euros ($87.6 billion) and a net profit of eight billion euros.

    Union members threatened
    Columbians protest ties between president and paramilitaries

    Nestle has been active in Colombia since 1944, where it has grown to be one of the biggest purchasers of milk. The town of Valledupar is home to the Cicolac factory, a subsidiary which buys up most of the milk in the region and is an important economic force.

    In the 1990s, Romero was one of 191 employees at Cicolac. Nestle planned a joint venture with another company, and Romero became an active opponent of the move.

    “Romero became one of the most important union activists in the region,” said legal expert Claudia Müller-Hoff, who is working on the case for the ECCHR. “Because of his active involvement, local paramilitaries often threatened to kill him.”

    Romero was unable to stop Nestle’s plans.

    “During the process of restructuring, all employees were let go and replaced by new staff with worse contracts,” said Michel Egger of Alliance Sud, one of the biggest development aid organizations in Switzerland.

    Tortured to death
    Müller-Hoff says Nestle did not do enough to protect its employee

    In the face of serious threats, Romero temporarily went into exile in Spain through an organized protection program. Once that expired, he returned to Colombia in 2005 and filed a complaint against the termination of his contract.

    “At the same time, he prepared for a public witness hearing in Switzerland regarding working conditions at Nestle’s Colombian subsidiary,” Müller-Hoff said.

    But he was never able to testify. Shortly before the hearing, Romero was abducted by members of a paramilitary death squad and tortured to death.

    The paramilitaries were caught and sentenced by a Colombian court. In his verdict, the judge concluded it was impossible that the group acted on its own.

    The judge ordered the state prosecutor to “investigate leading managers of Nestle-Cicolac to clarify their likely involvement and/or planning of the murder of union leader Luciano Enrique Romero Molina.”

    The Colombian prosecution has drawn out the investigation up to today.

    Dangerous terrain for unions

    Colombiais “one of the most dangerous countries for union activities,” the International Trade Union Confederation said in a 2010 report. Since 2000, 60 percent of all murders of union members have happened there. Most remain unsolved to this day. More than 20 members of Sinatrainal have been murdered since 1986. Thirteen of them had, like Romero, worked for Nestle.

    After Romero’s murder, Alliance Sud initiated a process of dialogue with Nestle to discuss the conflicts in Valledupar, sending people to Colombia to speak with locals involved in the case. The results left much to be desired.

    “The corporate culture is very technocratic and profit-oriented,” Egger said. “That’s something we strongly criticized.”

    In its final report, Alliance Sud said Nestle is lacking in conflict sensitivity, including when it comes to dealing with past events that left the union traumatized.

    No comment from Nestle

    In the eyes of ECCHR, Nestle and its managers share considerable responsibility for Romero’s death.

    “After all, despite being well-informed about continuing threats against the Cicolac employee’s life, they failed to do anything to protect him,” Mueller-Hoff said.
    Nestle Chairman Peter Brabeck-Letmathe: the company won’t talk

    So far, Nestle has rejected all allegations of responsibility and fails to answer requests for an interview. Allegations about the company’s operations up to 2005 evidently do not jibe with positions Nestle has taken since then.

    An example is Nestle’s 2008 sustainability report, which claims that every employee should have the opportunity “to develop his potential in a safe and fair work environment where he is listened to, respected and appreciated.” The report describes employee safety as “non-negotiable.”

    A company brochure from 2006 states, “especially in a war-torn country like Colombia, after consultations with both authorities and the unions, we have undertaken great efforts to protect our union leaders, workers and managers.”

    Delays after unclear jurisdiction

    The complaint against Nestle is also backed by the German-based Catholic relief agency Misereor.

    Date 27.08.2012
    Author Andreas Zumach / ag, srs
    Editor Michael Lawton

    Find this story at 27 August 2013

    © 2013 Deutsche Welle

    MI5 allegedly applies for secret court session after informant sues for being denied protection

    Former IRA mole accuses Home Office of cover-up and claims he was denied medical treatment after being shot by IRA hit team

    MI5 has allegedly applied for a controversial secret court hearing after being sued by a former IRA mole who claims he has been denied medical treatment after being shot in a reprisal attack.

    Martin McGartland, originally from west Belfast, has been credited with saving the lives of 50 police officers and soldiers in Northern Ireland as a spy within the IRA providing intelligence to the special branch of the Royal Ulster Constabulary.

    He is suing MI5 and the Home Office for failing to support him after he was attacked and repeatedly shot by an IRA hit team who tracked him to a safe house in North Tyneside in 1999.

    Mr McGartland has told The Independent that solicitors acting for the Home Office, the government department responsible for the Security Service, have applied to have the matter dealt with by a Closed Material Procedure (CMP) hearing.

    At CMPs, due to come into force shortly with the introduction of the Justice and Security Act 2013, claimants must be represented before the judge by special advocates who have been cleared for security. Such a hearing would mean that neither Mr McGartland or his lawyers were able to attend.

    Labour, which says CMPs deviate from the “tradition of open and fair justice”, has called for the use of such closed proceedings to be limited unless a judge agrees a fair verdict cannot be reached by any other means.

    The Law Society president, Lucy Scott-Moncrieff, has also raised objections to CMPs on the grounds that they undermine the essential principle of justice that all parties are entitled to see and challenge all the evidence placed before the court.

    CMPs are seen by the Government as a way of bringing before a judge information which, for security reasons, cannot be revealed in open court.

    Mr McGartland said that funding for treatment he was receiving for the post-traumatic stress disorder he suffered after the assassination attempt had been stopped. He claimed the secret hearing was designed to cover up the Home Office’s failure to meet its duty of care, rather than to protect genuine state secrets.

    “This is being done despite my legal case against them being related to their removing funding for my medical treatment, which they were funding after my 1999 shooting,” he told The Independent. “They removed the medical funding even after they were supplied two medical reports stating that I required a further three to five years of treatment. That resulted in a serious deterioration in my condition and it also led to my now requiring round-the-clock care, help and support. In other words MI5 are going to use CMP solely to cover up their own embarrassment and wrongdoing and not, as the Government has been claiming, in cases that relate to ‘National Security’.”

    Ian Burrell
    Monday, 6 May 2013

    Find this story at 6 May 2013

    © independent.co.uk

    Undercover police ‘gave drugs to dealers in return for information’

    Former detective Christian Plowman writes book claiming that unit targeted low-level criminals rather than criminals at top of chain

    Christian Plowman claims that he often found himself targeting crack addicts instead of dealers and spying on ordinary people. Photograph: Toby Melville/PA

    Heroin and crack cocaine bought with taxpayers’ money was routinely given to drug dealers in return for information, a former Scotland Yard undercover officer has alleged.

    Christian Plowman, 39, claims that officers from SO10, the elite covert operations unit of the Metropolitan police, would allow dealers to take amounts of class-A drugs as a form of bribe.

    Although not illegal, the practice of officers handing over illicit drugs in return for leads is likely to reignite the debate over the ethics of undercover policing and bring fresh accusations of a lack of control over covert operatives.

    “We were treading a line. Often we’d buy some drugs off somebody who would be a junkie and he would promise to take us directly to the dealer the next time, but in return for that he’d want some of the drugs he’d bought for us. We had to be careful that if we agreed to that, he took the drugs himself so he couldn’t say that we supplied him,” said Plowman.

    But Plowman said they never sold drugs, unlike detective constable Nicholas McFadden of West Yorkshire police, who was jailed for 23 years last Thursday after stealing more than £1.2m-worth of drugs seized in police raids and selling them back onto the streets.

    Speaking publicly for the first time about his experiences as a covert operative since leaving the Met in 2011, Plowman also accused the undercover unit of targeting “low-hanging fruit” instead of individuals at the top of the criminal chain. He said some covert operations became focused upon getting “heads on sticks”, which Plowman said meant “let’s bag as many as people as possible for whatever offence we can”.

    As a result, the full-time undercover officer claims he often found himself targeting crack addicts instead of dealers and spying on ordinary people.

    Plowman spent 16 years in the Met and was one of around 10 full-time covert operatives. He was a close friend of Mark Kennedy, 43, the undercover officer who had at least one sexual relationship with a woman while infiltrating eco-activists. Plowman has written a book about his experiences, Crossing the Line, which is published next month.

    Although he praises his colleagues, the former officer describes the culture of SO10 as riven with machismo, to the extent that undercover officers who requested psychological help were seen as not fit for the job.

    “You need a culture where you can go and see a shrink and you won’t be blacklisted, but there was a proper locker-room culture,” said Plowman, who now lives abroad and works as a security manager for a fashion firm. Unable to ask for support and struggling to balance his aliases with his own identity, Plowman admits he contemplated suicide.

    He reveals that some former colleagues have threatened him since he left. “One of them said ‘next time you’re in London, I’m gonna headbutt you’, but who’d do that anyway? You’re a policeman for starters.”

    Plowman’s last job was working at a north London pawnshop called TJ’s Trading Post that was set up by Scotland Yard to trade in stolen goods, but which he believes operated as a “honey trap” that lured people to commit crime. More than 100 people are believed to have been convicted, many for illegally trading their own passports and driving licences.

    Plowman claims the store encouraged people in a poor area to commit offences by giving the impression that they could make easy money by trading ID documents. “They were not people whose arrest would make any visible impact on the community. If TJ’s had never opened, those people would not have been in prison for any offence,” he said.

    The Met declined to comment.

    Mark Townsend
    The Observer, Saturday 6 April 2013 15.40 BST

    Find this story at 6 April 2013

    © 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

    From a Mexican kingpin to an FBI informant

    After agents arrest a drug cartel chieftain named Jesus Audel Miramontes-Varela, he becomes one of the bureau’s most valuable sources of information, according to confidential interview reports.

    WASHINGTON — Police and federal agents pulled the car over in a suburb north of Denver. An FBI agent showed his badge. The driver appeared not startled at all. “My friend,” he said, “I have been waiting for you.”

    And with that, Jesus Audel Miramontes-Varela stepped out of his white 2002 BMW X5 and into the arms of the Federal Bureau of Investigation.

    Over the next several days at his ranch in Colorado and an FBI safe house in Albuquerque, the Mexican cartel chieftain — who had reputedly fed one of his victims to lions in Mexico — was transformed into one of the FBI’s top informants on the Southwest border.

    Around a dining room table in August 2010, an FBI camera whirring above, the 34-year-old Miramontes-Varela confessed his leadership in the Juarez cartel, according to 75 pages of confidential FBI interview reports obtained by The Times/Tribune Washington Bureau.

    He told about marijuana and cocaine routes to California, New York and the Great Lakes. He described the shooting deaths of 30 people at a horse track in Mexico, and a hidden mass grave with 20 bodies, including two U.S. residents.

    He told them about his African lions, which he had acquired as circus cubs. The story about feeding one of his enemies to them was false, he claimed, but he said he had seen plenty of “violence and suffering.” He told agents he was desperate to trade his knowledge for government protection. He wanted a new life for himself and his wife and three daughters.

    A week later Miramontes-Varela pleaded guilty in federal court in New Mexico to a minor felony as an illegal immigrant in possession of a firearm. Then he disappeared, almost certainly into the federal witness protection program.

    FBI officials in Arizona and Washington declined to comment about Miramontes-Varela, citing bureau policy against discussing informants. But the documents tell plenty.

    During the interview sessions, Miramontes-Varela “provided significant information about drug trafficking activity,” the documents said, leading to several successful unnamed law enforcement operations in the U.S. and Mexico.

    ***

    After Miramontes-Varela was stopped in Brighton, Colo., agents took him back to his ranch. They advised him and his wife, Mari, that he was “the subject of an FBI investigation for his involvement in drug trafficking, firearms trafficking, money laundering and the interstate transportation of stolen property.”

    In Spanish, they read him his Miranda rights. He called an attorney; they spoke quietly in Spanish. Miramontes-Varela hung up and turned to the agents. “Yes,” he said. “He told me to do as much as I can for you.”

    Miramontes-Varela signed the Miranda waiver and looked up at the agents. He asked, “Where do you want to start?”

    First, they said, any guns?

    Miramontes-Varela mentioned a black 9-millimeter semiautomatic Glock pistol he said he bought after being shot at in El Paso. The agents asked to see it. “Yes, yes, no problem,” he said. He walked to a floor safe in a far corner of the living room, unlocked it and handed the weapon over.

    Agents drove the couple to the FBI safe house in Albuquerque. Inside, they pointed to two cameras. One was in the master bedroom, where Miramontes-Varela and his wife would stay. Agents showed that that it was unplugged and that they had covered it with a white plastic bag. “Very nice,” Miramontes-Varela said.

    Miramontes-Varela talked to them around the dining room table. That is where the other camera was. It stayed on.

    ***

    His story poured out. He was born the third of 10 children in Terrero, Mexico, and grew up in Namiquipa, northern Mexico. He married when he was 18, his bride 15. They sneaked though Nogales, Ariz., coming to the U.S., he said, “to make money.”

    They settled in Denver. Miramontes-Varela installed drywall. But in the late 1990s a brother, Yovany, lost an arm in a tractor mishap, and Miramontes-Varela returned home. He grew apples and traded in cattle.

    In early 2002, he said, the Juarez cartel came to Namiquipa. Pedro Sanchez, known as El Tigre, controlled things. He offered Miramontes-Varela a job collecting a monthly $35,000 “tax” from marijuana growers.

    Every 15 days, growers carted 20 tons to a local warehouse. It was shipped north through El Paso, the proceeds funneled back to the cartel and the growers.

    One day the military arrived and gunfire ensued. “The mayor and town treasurer were killed,” Miramontes-Varela said. Later, El Tigre was arrested.

    In 2008, Miramontes-Varela said, he fled with his family to El Paso. When he failed to return, the cartel burned his ranch and stole his cattle, all 120 cows. He was done with the violence, he said.

    ***

    That part, according to the FBI, was not true. Miramontes-Varela shuffled between ranches in New Mexico and Colorado, they said, often in an armored car with bodyguards, and set up his own drug- and gun-smuggling operation.

    When a courier was arrested with 18 kilos of cocaine, Miramontes-Varela offered the man’s family the choice of one of his 16 homes in Mexico, including his “big house,” according to telephone wiretaps outlined in the documents.

    In March 2010, the FBI listed him as head of the “Miramontes-Varela Drug Trafficking Organization,” tied to the Juarez, Sinaloa and Los Zetas cartels. From two confidential sources and two wiretaps, agents learned that his organization had stolen tractors in the U.S. and driven them to Mexico as payment for lost loads. One debt alone reached $670,000. They learned that one of Miramontes-Varela’s bosses in Mexico, “Temoc,” was tortured and killed by the Sinaloans.

    The Bureau of Alcohol, Tobacco, Firearms and Explosives also wanted him arrested. It had tracked $250,000 in illegal gun purchases to Miramontes-Varela and his brother through its ill-fated Fast and Furious gun-smuggling surveillance operation in Arizona.

    FBI agents rigged a 24-hour pole camera outside his ranch near Santa Teresa, N.M. But Miramontes-Varela figured it out. Five of his men in two vehicles followed a surveillance agent for 90 minutes, then slashed his tire.

    richard.serrano@latimes.com

    By Richard A. Serrano, Los Angeles Times

    8:12 PM PDT, April 21, 2012Advertisement

    Find this story at 21 April 2012

    Copyright © 2013, Los Angeles Times

    NSU-Angeklagte Beate Zschäpe Die Frau im Schatten

    Beate Zschäpe fand im Urlaub schnell Freunde, verabredete sich zum Sport und erzählte von ihren Katzen. Da lebte sie schon im Untergrund. Jetzt steht sie wegen der zehn Morde des NSU vor Gericht. Ein Blick in das Leben einer mutmaßlichen Neonazi-Terroristin.

    Beate Zschäpe schweigt – und alle fragen sich: Wie ist aus der “Diddlemaus” eine gefährliche Neonazi-Terroristin geworden? – Foto: dpa

    Die Zeugin, die das Bundeskriminalamt im Juli 2012 befragt, verschweigt offenbar nichts. Obwohl Sabine Schneider (Name geändert) der frühere Kontakt zur rechten Szene peinlich zu sein scheint. „Politik ist überhaupt nicht mein Ding“, gibt Schneider den BKA-Beamten zu Protokoll, „ich war halt bei diesen Runden damals dabei, das war lustig und da wurde getrunken.“ Rechtsradikales Gedankengut „habe ich persönlich überhaupt nicht“.

    Die Frau Anfang 40 aus Ludwigsburg (Baden-Württemberg) wirkt wie die Mitläuferin einer rechten Clique, die sich mit Kumpels aus Thüringen und Sachsen traf.

    Mal dort, mal in Ludwigsburg. Schneider fand die Ostler sympathisch, vor allem eine Frau aus Thüringen. Die war fröhlich und die Einzige, die sich nicht szenetypisch kleidete. Die Frau hieß Beate Zschäpe. In ihr hat sich Schneider, so sieht sie es heute, furchtbar getäuscht.

    Schneider erlebte „die Beate“ als „liebevolle, nette, höfliche Dame“. Auch ihre Mutter sei von Zschäpe begeistert gewesen, sagt Schneider. „Beate hatte ja Gärtnerin gelernt und gab meiner Mutter Tipps.“ Von 1994 bis 2001 hielt der Kontakt, Zschäpe kam meist mit Uwe Mundlos nach Ludwigsburg, selten nur war Uwe Böhnhardt dabei. Offenbar ahnungslos lachte und trank Sabine Schneider mit rechten Mördern. Sie hat sich „auch mit dem Uwe Mundlos bestens verstanden“. Bis zum Sommer 2001 hatten sie, die beiden Killer der Terrorzelle „Nationalsozialistischer Untergrund“, bereits vier Türken erschossen und einen Sprengstoffanschlag verübt, vier Geldinstitute und einen Supermarkt überfallen.

    Ahnungslos war auch der Staat. Er wusste nichts vom NSU, trotz aufwendiger Ermittlungen nach jedem Verbrechen, das die Terroristen begangen hatten. Es erscheint unglaublich, auch heute noch, fast anderthalb Jahre nach dem dramatischen Ende der Terrorgruppe. Mundlos und Böhnhardt sind tot, vom Trio, das 1998 untertauchte, ist nur Beate Zschäpe übrig. Sie wird in der kommenden Woche ein gewaltiges Medieninteresse auf sich ziehen, über Deutschland hinaus.

    Am 17. April beginnt am Oberlandesgericht München der Prozess gegen die 38 Jahre alte Frau und vier Mitangeklagte – den Ex-NPD-Funktionär Ralf Wohlleben sowie André E., Holger G. und Carsten S. Die vier Männer sollen dem Trio geholfen haben, es geht da um Waffen, falsche Ausweise, unter Tarnnamen gemietete Wohnmobile. Der 6. Strafsenat wird über eine unfassbare Serie von Verbrechen zu urteilen haben, mit fassbaren Kategorien wie Täterschaft, Schuld, Unschuld, Strafmaß. Eine gigantische Aufgabe.

    In einigen Medien ist schon vom „Jahrhundertprozess“ die Rede. Der Superlativ erscheint sogar plausibel. Das NSU-Verfahren ist, sieht man von den Prozessen zum Staatsterrorismus der Nazis ab, das größte zu rechtsextremem Terror seit Gründung der Bundesrepublik. Der Präsident des Gerichts, Karl Huber, erwartet eine Dauer von mehr als zwei Jahren. Die juristische, aber auch die politische Dimension des Prozesses erinnert an die so spektakulären wie schwierigen Verfahren gegen Mitglieder der Roten Armee Fraktion. Und der Blick auf den Komplex RAF, auf die hier immer noch schmerzlich offenen Fragen zu Morden, Motiven und Hintergründen, verstärkt die Ahnung, auch im NSU-Verfahren werde vieles unbegreiflich bleiben. Vielleicht auch die Person Beate Zschäpe.
    Beate Zschäpe schweigt. Die Akten erzählen aus ihrem Leben.

    Die Angeklagte schweigt – voraussichtlich auch im Prozess, zumindest am Anfang. Dass Zschäpe nicht redet, ist ihr gutes Recht. Auch Zschäpes Mutter und Großmutter sprechen nicht mit den Medien. Dennoch kommt man ihr näher bei der Lektüre von Ermittlungsakten des BKA und anderen Unterlagen. Zschäpe erscheint da zunächst wie eine Durchschnittsfigur, die sich radikalisiert hat, die an den beiden Uwes hing und plötzlich mit ihnen verschwand. Keine Ulrike Meinhof, die den Kampf für die RAF intellektuell zu begründen suchte, keine Fanatikerin mit einem bizarren Charisma wie Gudrun Ensslin. Nur ein unbedeutende Thüringer Rechtsextremistin. Die dann, so sieht es die Bundesanwaltschaft, eine ungeheure kriminelle Energie entwickelte. In der knapp 500-seitigen Anklage werden aufgelistet: Beteiligung an den zehn Morden des NSU, an mehreren Mordversuchen, an 15 Raubüberfällen, dazu Mitgliedschaft in einer terroristischen Vereinigung und besonders schwere Brandstiftung. Zschäpes Anwälte halten die Vorwürfe für weit übertrieben. Doch aus Sicht der Ermittler wurde die junge, unauffällige Frau aus Jena, in der rechten Szene als „Diddlmaus“ verniedlicht, die gefährlichste Neonazi-Terroristin in der deutschen Nachkriegsgeschichte.

    Die Biografie bis zum Gang in den Untergrund zeugt, wie bei vielen Rechtsextremisten üblich, von einer schwierigen Kindheit. Geboren am 2. Januar 1975 in Jena, wächst Zschäpe bei ihrer Mutter Annerose Apel und ihrer Großmutter auf. Annerose Apel hatte den rumänischen Vater beim Zahnmedizinstudium in Rumänien kennengelernt. Als die Mutter 1975 heiratet, einen Deutschen, nimmt sie dessen Nachnamen an. 1977 lässt sie sich scheiden, ein Jahr später heiratet sie Günter Zschäpe und zieht zu ihm in eine andere Stadt in Thüringen. Tochter Beate bleibt bei der Großmutter. Als wenig später auch die zweite Ehe scheitert, zieht Annerose Zschäpe zurück nach Jena und nimmt Beate wieder zu sich. Doch Mutter und Tochter verstehen sich nicht, es gibt häufig Streit. Familiäre Wärme erlebt Beate offenbar nur bei der Großmutter.

    Bei der Festnahme im November 2011 sagt Beate Zschäpe einem Polizisten, sie sei als „Omakind“ aufgewachsen. 1981 wird sie in Jena an der Polytechnischen Oberschule „Otto Grotewohl“ eingeschult, 1992 macht sie an der Oberschule „Johann Wolfgang von Goethe“ den Abschluss nach der 10. Klasse. Der Wunsch, sich zur Kindergärtnerin ausbilden zu lassen, geht nicht in Erfüllung. Zschäpe macht eine Lehre als Gärtnerin für Gemüseanbau, die Abschlussprüfung besteht sie 1995 mit „befriedigend“. Übernommen wird Zschäpe nicht. Sie ist länger arbeitslos, ein Jahr lang hat sie eine ABM-Stelle als Malergehilfin, dann wieder nichts.

    Es sind die Jahre, in denen Beate Zschäpe in den Rechtsextremismus abdriftet. 1993 beginnt sie eine Beziehung mit dem Professorensohn Mundlos, der auch in einer rechten Clique abhängt. Das ist die Keimzelle der „Kameradschaft Jena“, einem kleinen, verschworenen Neonazi-Trupp, der sich später dem Netzwerk „Thüringer Heimatschutz“ anschließt. 1995 fällt Zschäpe erstmals dem Verfassungsschutz auf, als sie an einem größeren rechtsextremen Treffen teilnimmt – zusammen mit Mundlos und Böhnhardt. Im selben Jahr werden Zschäpe und Böhnhardt ein Paar. 1996 zieht sie bei Böhnhardts Familie ein. Doch der enge Kontakt zu Mundlos bleibt erhalten. Das Trio wird zunehmend fanatisch und für Zschäpe eine Art Ersatzfamilie.

    In den kommenden Jahren fallen sie Polizei und Verfassungsschutz immer wieder auf. Es sind die für die Szene typischen Provokationen, zum Beispiel ein Auftritt von Mundlos und Böhnhardt in SA-ähnlicher Kluft in der KZ-Gedenkstätte Buchenwald. Aber bald schon reicht das nicht, die Aktionen werden härter. An einer Autobahnbrücke nahe Jena hängt das Trio einen Puppentorso auf, der einen Juden darstellen soll und mit einer Bombenattrappe verbunden ist. Der Drang zur Militanz wird stärker. Mundlos, Böhnhardt und Zschäpe planen den bewaffneten Kampf.

    Als Polizisten am 26. Januar 1998, auf einen Tipp des Verfassungsschutzes hin, eine von Zschäpe gemietete Garage in Jena durchsuchen, finden sie eine Sprengstoffwerkstatt. Da liegen eine fertige und vier halb gebastelte Rohrbomben, ein Sprengsatz in einer Blechdose, eine Zündvorrichtung mit einem Wecker, 60 Superböller, Schwarzpulver und ein TNT-Gemisch. Die Beamten entdecken eine Diskette, darauf ein Gedicht mit dem Titel „Ali-Drecksau, wir hassen Dich“. Durchsucht wird auch Zschäpes Wohnung, in die sie 1997 gezogen ist. Die Polizisten stellen mehrere Waffen sicher und ein Exemplar des Brettspiels „Pogromly“, eine obszöne, Auschwitz glorifizierende Version von Monopoly.
    Bei ihrem letzten Anruf sagte sie: Es ist was passiert in Eisenach.

    Für die Beamten ist die Aktion trotz der Funde ein Fehlschlag, das Trio taucht ab. Es wird fast 14 Jahre dauern, bis die Polizei Mundlos, Böhnhardt und Zschäpe wieder entdeckt. Die beiden Uwes am 4. November 2011 als Leichen in einem brennenden Wohnmobil in Eisenach, Beate Zschäpe vier Tage später an der Pforte einer Polizeistation in Jena. Die Frau stellt sich.

    Die 14 Jahre Untergrund bleiben bis heute zumindest in Teilen eine Black Box. Die Ermittler haben nur wenige Erkenntnisse darüber, was Zschäpe in all den Jahren gemacht hat, warum sie bei den Uwes blieb, was sie von deren Mord- und Raubtouren wusste. Bei Mutter und Großmutter hat sie sich offenbar nie gemeldet. Nachbarinnen aus Zwickau, wo sich das Trio von 2000 an in drei Wohnungen versteckte, und Urlaubsbekanntschaften, die das Trio bei Urlauben auf der Insel Fehmarn erlebten, schildern so ungläubig wie Sabine Schneider eine freundliche, lustige, warmherzige Frau. Die sich allerdings in dieser Zeit nicht Beate Zschäpe nennt, sondern „Lisa Dienelt“ oder „Susann Dienelt“ oder einfach „Liese“. „Ich habe mit Liese häufig morgens Sport gemacht“, erzählt später eine Zeugin der Polizei, die Zschäpe 2001 auf Fehmarn kennengelernt hatte. „Und mittags haben wir uns gesonnt“. Die Liese habe ihr auch erzählt, „dass sie zwei Katzen hat, die zu Hause von einer Freundin versorgt werden“. Das mit den beiden Katzen stimmt sogar. „Heidi“ und „Lilly“ geht es gut in der Wohnung in der Zwickauer Frühlingsstraße, wo sie auch einen kleinen Kratzbaum haben.

    Wie die Wohnung des Trios sonst noch aussah, ist für die Bundesanwaltschaft ein Beweis dafür, dass Zschäpe in die Taten von Mundlos und Böhnhardt eingeweiht war. Fünf Kameras überwachten die Umgebung der Wohnungstür. Eine weitere Tür war massiv gesichert und mit einem Schallschutz versehen, der Eingang zum Kellerraum mit einem Alarmsystem ausgestattet. Nachdem Zschäpe am 4. November 2011 die Wohnung angezündet hatte und dabei das halbe Haus in die Luft flog, fand die Polizei im Brandschutt zwölf Schusswaffen, darunter die Ceska Typ 83. Mit ihr erschossen Mundlos und Böhnhardt die neun Migranten türkischer und griechischer Herkunft.

    Aus Sicht der Bundesanwaltschaft gibt es noch mehr Belege für die Beteiligung Zschäpes an allen Verbrechen. Sie habe 2001 gemeinsam mit Mundlos und Böhnhardt vom Mitangeklagten Holger G. die Ceska entgegengenommen, sagen Ermittler. Sie habe zudem mit erfundenen Geschichten gegenüber Nachbarn die häufige Abwesenheit der beiden Uwes „abgetarnt“. Und sie habe die Beute der Raubzüge verwaltet und nach der Brandstiftung in Zwickau 15 Briefe mit der Paulchen-Panther-DVD verschickt, auf der sich der NSU zu den Morden und Anschlägen bekennt.

    Die Ermittler betonen auch, eine Zeugin erinnere sich daran, Zschäpe am 9. Juni 2005 in Nürnberg gesehen zu haben. Sie soll in einem Supermarkt gestanden haben, kurz bevor Mundlos und Böhnhardt im benachbarten Imbiss den Türken Ismail Yasar erschossen. Zschäpes Anwälte halten gerade diese Aussage für unglaubhaft. Die Zeugin habe erst, nachdem Zschäpes Bild über die Medien bekannt geworden war, behauptet, sie damals gesehen zu haben. Für die Verteidiger gibt es keinen tragfähigen Beweis, dass Zschäpe an den Morden beteiligt war.

     

    08.04.2013 12:51 Uhr
    von Frank Jansen

    Find this story at 8 April 2013

    Copyright © Der Tagesspiegel

    Lawmaker: German neo-Nazi trio likely had helpers

    BERLIN — A neo-Nazi group suspected of committing a string of murders and bank robberies across Germany likely had more assistance than currently known, a German lawmaker with access to still-classified material on the case said Wednesday.

    Sebastian Edathy, who heads a parliamentary inquiry into why security services failed to stop the group for more than a decade, said the self-styled National Socialist Underground couldn’t have carried out two bombings, 10 murders and more than a dozen bank heists without a support network.

    The crimes took place between 1998 and 2011, when two of the three core members of the group died in an apparent murder-suicide. The surviving core member, Beate Zschaepe, and four alleged accomplices go on trial April 17.

    “If you live underground for 13 years in a country like Germany, if you depend on logistical help to carry out crimes, then you will probably have had to draw on a network of supporters,” Edathy told reporters in Berlin.

    Germany’s chief federal prosecutor Harald Range said last month that authorities believe the three were an “isolated group” without a nationwide network of helpers.

    But many in Germany and abroad – eight of the victims were of Turkish origin and one was Greek – have questioned how the group could have committed so many murders across Germany, as well as the bank robberies and bomb attacks, without further help.

    There also are concerns that police may have missed earlier opportunities to nab the trio, who in years past had been sought for lesser infractions.

    In one instance, security services in the eastern state of Brandenburg failed to act on an informant’s tip about the trio’s whereabouts shortly after they went on the lam in 1998, Edathy said. The informant’s handlers were afraid that passing the information to officers searching for the group might compromise their agent, he said.

    FRANK JORDANS | April 3, 2013 02:04 PM EST |

    Find this story at 3 April 2013

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    NSU-Umfeld: Edathy rechnet mit weiteren V-Leuten

    Die Liste der V-Leute und Helfer rund um die Terrorzelle NSU beläuft sich derzeit auf über 100 Beteiligte. Für den Kopf des Untersuchungsausschusses Edathy war das noch nicht das Ende.

    Ausschussvorsitzender Edathy geht davon aus, dass das NSU-Netzwerk größer ist als bislang bekannt
    © Rainer Jensen/DPA

    Der Vorsitzende des NSU-Untersuchungsausschusses im Bundestag, Sebastian Edathy (SPD), hat Zweifel daran geäußert, dass die bislang vorliegenden Listen der V-Leute im Umfeld der rechtsextremen Terrororganisation vollständig sind. “Ich bin mir nicht sicher, ob die jüngste Liste mit Namen von Helfern, Helfershelfern und Kontaktpersonen im Zusammenhang mit dem NSU, die wir vom Bundeskriminalamt bekommen haben, nicht schon überholt ist und es noch mehr Namen gibt”, sagte Edathy der “Frankfurter Allgemeinen Sonntagszeitung”. Er wolle “bis nach der Osterpause” wissen, welches der aktuelle Stand sei.

    Der Ausschussvorsitzende erwartet nach eigenen Angaben noch weitere Erkenntnisse über V-Leute im Umfeld des Nationalsozialistischen Untergrunds (NSU): “Ich bin ziemlich sicher, dass wir noch nicht von allen V-Leuten im Umfeld des NSU-Trios wissen, dass sie V-Leute waren.” Auch auf der Liste, die dem Ausschuss jetzt vorliege, seien gegenüber früher einige Personen hinzugekommen, “bei denen noch geprüft werden muss, ob sie nicht Täterwissen hatten oder ob sie V-Leute waren”, sagte Edathy der “FAS”.

    31. März 2013, 15:47 Uhr

    Find this story at 31 March 2013

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