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In 2008 Mumbai Attacks, Piles of Spy Data, but an Uncompleted Puzzle

In the fall of 2008, a 30-year-old computer expert named Zarrar Shah roamed from outposts in the northern mountains of Pakistan to safe houses near the Arabian Sea, plotting mayhem in Mumbai, India’s commercial gem.

Mr. Shah, the technology chief of Lashkar-e-Taiba, the Pakistani terror group, and fellow conspirators used Google Earth to show militants the routes to their targets in the city. He set up an Internet phone system to disguise his location by routing his calls through New Jersey. Shortly before an assault that would kill 166 people, including six Americans, Mr. Shah searched online for a Jewish hostel and two luxury hotels, all sites of the eventual carnage.

But he did not know that by September, the British were spying on many of his online activities, tracking his Internet searches and messages, according to former American and Indian officials and classified documents disclosed by Edward J. Snowden, the former National Security Agency contractor.

They were not the only spies watching. Mr. Shah drew similar scrutiny from an Indian intelligence agency, according to a former official who was briefed on the operation. The United States was unaware of the two agencies’ efforts, American officials say, but had picked up signs of a plot through other electronic and human sources, and warned Indian security officials several times in the months before the attack.

What happened next may rank among the most devastating near-misses in the history of spycraft. The intelligence agencies of the three nations did not pull together all the strands gathered by their high-tech surveillance and other tools, which might have allowed them to disrupt a terror strike so scarring that it is often called India’s 9/11.

“No one put together the whole picture,” said Shivshankar Menon, who was India’s foreign minister at the time of the attacks and later became the national security adviser. “Not the Americans, not the Brits, not the Indians.”

Mr. Menon, now retired, recalled that “only once the shooting started did everyone share” what they had, largely in meetings between British and Indian officials, and then “the picture instantly came into focus.”

The British had access to a trove of data from Mr. Shah’s communications, but contend that the information was not specific enough to detect the threat. The Indians did not home in on the plot even with the alerts from the United States.

Clues slipped by the Americans as well. David Coleman Headley, a Pakistani-American who scouted targets in Mumbai, exchanged incriminating emails with plotters that went unnoticed until shortly before his arrest in Chicago in late 2009. United States counterterrorism agencies did not pursue reports from his unhappy wife, who told American officials long before the killings began that he was a Pakistani terrorist conducting mysterious missions in Mumbai.

That hidden history of the Mumbai attacks reveals the vulnerability as well as the strengths of computer surveillance and intercepts as a counterterrorism weapon, an investigation by The New York Times, ProPublica and FRONTLINE has found.

Although electronic eavesdropping often yields valuable data, even tantalizing clues can be missed if the technology is not closely monitored, the intelligence gleaned from it is not linked with other information, or analysis does not sift incriminating activity from the ocean of digital data.

This account has been pieced together from classified documents, court files and dozens of interviews with current and former Indian, British and American officials. While telephone intercepts of the assault team’s phone calls and other intelligence work during the three-day siege have been reported, the extensive espionage that took place before the attacks has not previously been disclosed. Some details of the operations were withheld at the request of the intelligence agencies, citing national security concerns.

“We didn’t see it coming,” a former senior United States intelligence official said. “We were focused on many other things — Al Qaeda, the Taliban, Pakistan’s nuclear weapons, the Iranians. It’s not that things were missed — they were never put together.”

After the assault began, the countries quickly disclosed their intelligence to one another. They monitored a Lashkar control room in Pakistan where the terror chiefs directed their men, hunkered down in the Taj and Oberoi hotels and the Jewish hostel, according to current and former American, British and Indian officials.

That cooperation among the spy agencies helped analysts retrospectively piece together “a complete operations plan for the attacks,” a top-secret N.S.A. document said.

The Indian government did not respond to several requests for official comment, but a former Indian intelligence official acknowledged that Indian spies had tracked Mr. Shah’s laptop communications. It is unclear what data the Indians gleaned from their monitoring.

Asked if Government Communications Headquarters, or GCHQ, Britain’s eavesdropping agency, should have had strong suspicions of a looming attack, a government official responded in a statement: “We do not comment on intelligence matters. But if we had had critical information about an imminent act of terrorism in a situation like this we would have shared it with the Indian government. So the central allegation of this story is completely untrue.”

The attacks still resonate in India, and are a continuing source of tension with Pakistan. Last week, a Pakistani court granted bail to a militant commander, Zaki-ur-Rehman Lakhvi, accused of being an orchestrator of the attacks. He has not been freed, pending an appeal. India protested his release, arguing it was part of a Pakistani effort to avoid prosecution of terror suspects.

The story of the Mumbai killings has urgent implications for the West’s duel with the Islamic State and other groups. Like Lashkar, the Islamic State’s stealthy communications and slick propaganda make it one of the world’s most technologically sophisticated terror organizations. Al Qaeda, which recently announced the creation of an affiliate in India, uses similar tools.

Although the United States computer arsenal plays a vital role against targets ranging from North Korea’s suspected assault on Sony to Russian cyberthieves and Chinese military hacking units, counterterrorism requires a complex mix of human and technical resources. Some former counterterrorism officials warn against promoting billion-dollar surveillance programs with the narrow argument that they stop attacks.

That monitoring collects valuable information, but large amounts of it are “never meaningfully reviewed or analyzed,” said Charles (Sam) Faddis, a retired C.I.A. counterterrorism chief. “I cannot remember a single instance in my career when we ever stopped a plot based purely on signals intelligence.”

The targeting of Mr. Shah’s communications also failed to detect Mr. Headley’s role in the Mumbai attacks, and National Security Agency officials did not see for months that he was pursuing a new attack in Denmark.

“There are small successes in all of this that don’t make up for all the deaths,” said Tricia Bacon, a former State Department intelligence analyst, referring to intelligence and broader efforts to counter Lashkar. “It’s a massive failure and some small successes.”

Lashkar’s Computer Chief
Zarrar Shah was a digitally savvy operative, a man with a bushy beard, a pronounced limp, strong ties to Pakistani intelligence and an intense hatred for India, according to Western and Indian officials and court files. The spy agencies of Britain, the United States and India considered him the technology and communications chief for Lashkar, a group dedicated to attacking India. His fascination with jihad established him as something of a pioneer for a generation of Islamic extremists who use the Internet as a weapon.

According to Indian court records and interviews with intelligence officials, Mr. Shah was in his late 20s when he became the “emir,” or chief, of the Lashkar media unit. Because of his role, Mr. Shah, together with another young Lashkar chief named Sajid Mir, became an intelligence target for the British, Indians and Americans.

Lashkar-e-Taiba, which translates as “the Army of the Pure,” grew rapidly in the 1990s thanks to a powerful patron: the Inter-Services Intelligence Directorate (ISI), the Pakistani spy agency that the C.I.A. has worked with uneasily for years. Lashkar conducted a proxy war for Pakistan in return for arms, funds, intelligence, and training in combat tactics and communications technology. Initially, Lashkar’s focus was India and Kashmir, the mountainous region claimed by both India and Pakistan.

But Lashkar became increasingly interested in the West. A Qaeda figure involved in the Sept. 11, 2001, attacks on the World Trade Center was arrested in a Lashkar safe house in 2002. Investigators dismantled a Lashkar network as it plotted a bombing in Australia in 2003 while recruiting, buying equipment and raising funds in North America and Europe. In 2007, a French court convicted in absentia the ringleader, Mr. Mir. He remained at large in Pakistan under ISI protection, investigators say.

Lashkar’s alliance with the ISI came under strain as some of the militants pushed for a Qaeda-style war on the West. As a result, some ISI officers and terror chiefs decided that a spectacular strike was needed to restore Lashkar’s cohesion and burnish its image, according to interviews and court files. The plan called for a commando-style assault in India that could also hit Americans, Britons and Jews there.

The target was the centerpiece of Indian prosperity: Mumbai.

Hatching a Plot
Lashkar’s chiefs developed a plot that would dwarf previous operations.

The lead conspirators were alleged to be Mr. Mir and Mr. Lakhvi, according to interviews and Indian court files, with Mr. Shah acting as a technical wingman, running the communications and setting up the hardware.

In early 2008, Indian and Western counterterrorism agencies began to pick up chatter about a potential attack on Mumbai. Indian spy agencies and police forces gathered periodic leads from their own sources about a Lashkar threat to the city. Starting in the spring, C.I.A. warnings singled out the iconic Taj Mahal Palace Hotel and other sites frequented by Westerners, according to American and Indian officials. Those warnings came from electronic and human sources, not from tracking Mr. Shah, other officials said.

“The U.S. intelligence community — on multiple occasions between June and November 2008 — warned the Indian government about Lashkar threats in Mumbai,” said Brian Hale, a spokesman for the director of the Office of National Intelligence. “The information identified several potential targets in the city, but we did not have specific information about the timing or the method of attack.”

United States spy agencies also alerted their British counterparts, according to a senior American intelligence official. It is unclear if the warnings led to the targeting of Mr. Shah’s communications, but by the fall of 2008, the British had found a way to monitor Lashkar’s digital networks.

So had the Indians. But until the attacks, one Indian official said, there was no communication between the two countries on the matter.

Western spy agencies routinely share significant or “actionable” intelligence involving threats with allies, but sometimes do not pass on less important information. Even friendly agencies are typically reluctant to disclose their sources of intelligence. Britain and India, while cooperative, were not nearly as close as the United States and Britain. And India is not included in the tightest intelligence-sharing circles of international, eavesdropping agencies that the two countries anchor.

Intelligence officials say that terror plots are often discernible only in hindsight, when a pattern suddenly emerges from what had been just bits of information. Whatever the reason, no one fully grasped the developing Mumbai conspiracy. “They either weren’t looking or didn’t understand what it all meant,” said one former American official who had access to the intelligence and would speak only on the condition of anonymity. “There was a lot more noise than signal. There usually is.”

Leaving a Trail
Not long after the British gained access to his communications, Mr. Shah contacted a New Jersey company posing online as an Indian reseller of telephone services named Kharak Singh, purporting to be based in Mumbai. His Indian persona started haggling over the price of a voice-over-Internet phone service — also known as VoIP — that had been chosen because it would make calls between Pakistan and the terrorists in Mumbai appear as if they were originating in Austria and New Jersey.

“its not first time in my life i am perchasing in this VOIP business,” Mr. Shah wrote in shaky English, to an official with the New Jersey-based company when he thought the asking price was too high, the GCHQ documents show. “i am using these services from 2 years.”

Mr. Shah had begun researching the VoIP systems, online security, and ways to hide his communications as early as mid-September, according to the documents. As he made his plan, he searched on his laptop for weak communication security in Europe, spent time on a site designed to conceal browsing history, and searched Google News for “indian american naval exercises” — presumably so the seagoing attackers would not blunder into an overwhelming force.

Ajmal Kasab, the only terrorist who would survive the Mumbai attacks, watched Mr. Shah display some of his technical prowess. In mid-September, Mr. Shah and fellow plotters used Google Earth and other material to show Mr. Kasab and nine other young Pakistani terrorists their targets in Mumbai, according to court testimony.

The session, which took place in a huge “media room” in a remote camp on the border with Kashmir, was part of an effort to chart the terrorists’ route across the Arabian Sea, to a water landing on the edge of Mumbai, then through the chaotic streets. Videos, maps and reconnaissance reports had been supplied to Mr. Mir by Mr. Headley, the Pakistani-American who scouted targets.

“The gunmen were shown all this data from the reconnaissance,” said Deven Bharti, a top Mumbai police official who investigated the attacks, adding that the terrorists were trained to use Google Earth and global positioning equipment on their own. “Kasab was trained to locate everything in Mumbai before he went.”

If Mr. Shah made any attempt to hide his malevolent intentions, he did not have much success at it. Although his frenetic computer activity was often sprawling, he repeatedly displayed some key interests: small-scale warfare, secret communications, tourist and military locations in India, extremist ideology and Mumbai.

He searched for Sun Tzu’s “Art of War,” previous terror strikes in India and weather forecasts in the Arabian Sea, typed “4 star hotel in delhi” and “taj hotel,” and visited mapsofindia.com to pore over sites in and around Mumbai, the documents show.

Still, the sheer scale of his ambition might have served as a smokescreen for his focus on the city. For example, he also showed interest in Kashmir, the Indian Punjab, New Delhi, Afghanistan and the United States Army in Germany and Canada.

He constantly flipped back and forth among Internet porn and entertainment sites while he was carrying out his work. He appeared to be fascinated with the actor Robert De Niro, called up at least one article on the singer Taylor Swift, and looked at funny cat videos. He visited unexplainable.net, a conspiracy theory website, and conducted a search on “barak obama family + muslim.”

In late September and again in October, Lashkar botched attempts to send the attackers to Mumbai by sea. During that period, at least two of the C.I.A. warnings were delivered, according to American and Indian officials. An alert in mid-September mentioned the Taj hotel among a half-dozen potential targets, causing the facility to temporarily beef up security. Another on Nov. 18 reported the location of a Pakistani vessel linked to a Lashkar threat against the southern coastal area of Mumbai, where the attack would occur.

Eventually Mr. Shah did set up the VoIP service through the New Jersey company, ensuring that many of his calls to the terrorists would bear the area code 201, concealing their actual origin. But in November, the company’s owner wrote to the fictitious Indian reseller, Mr. Singh, complaining that no voice traffic was running on the digital telephone network. Mr. Shah’s reply was ominous, according to Indian law enforcement officials, who obtained evidence from the company’s communications records with F.B.I. assistance after the attack.

“Dear Sir,” Mr. Shah replied, “i will send trafic by the end of this month.”

By Nov. 24, Mr. Shah had moved to the Karachi suburbs, where he set up an electronic “control room” with the help of an Indian militant named Abu Jundal, according to his later confession to the Indian authorities. It was from this room that Mr. Mir, Mr. Shah and others would issue minute-by-minute instructions to the assault team once the attacks began. On Nov. 25, Abu Jundal tested the VoIP software on four laptops spread out on four small tables facing a pair of televisions as the plotters, including Mr. Mir, Mr. Shah and Mr. Lakhvi, waited for the killings to begin.

In a plan to pin the blame on Indians, Mr. Shah typed a statement of responsibility for the attack from the Hyderabad Deccan Mujahadeen — a fake Indian organization. Early on Nov. 26, Mr. Shah showed more of his hand: he emailed a draft of the phony claim to an underling with orders to send it to the news media later, according to American and Indian counterterrorism officials.

Before the attacks started that evening, the documents show, Mr. Shah pulled up Google images of the Oberoi Hotel and conducted Wikimapia searches for the Taj and the Chabad House, the Jewish hostel run by an American rabbi from Brooklyn who would die in the strike along with his pregnant wife. Mr. Shah opened the hostel’s website. He began Googling news coverage of Mumbai just before the attacks began.

An intercept shows what Mr. Shah was reading, on the news website NDTV, as the killings proceeded.

“Mumbai, the city which never sleeps, was brought to its knees on Wednesday night as it came under an unprecedented multiple terror attack,” the article said. “Even as heavily armed police stormed into Taj Hotel, just opposite the Gateway of India where suspected terrorists were still holed up, blood-soaked guests could be seen carried out into the waiting ambulances.”

A Trove of Data
In the United States, Nov. 26 was the Wednesday before Thanksgiving.

A long presidential election fight was over, and many officials in Washington had already drifted away for their long weekend. Anish Goel, director for South Asia at the National Security Council in the White House, left around 6 a.m. for the eight-hour drive to his parents’ house in Ohio. By the time he arrived, his BlackBerry was filled with emails about the attacks.

The Pakistani terrorists had come ashore in an inflatable speedboat in a fishermen’s slum in south Mumbai about 9 p.m. local time. They fanned out in pairs and struck five targets with bombs and AK-47s: the Taj, the Oberoi Hotel, the Leopold Cafe, Chabad House, and the city’s largest train station.

The killing was indiscriminate, merciless, and seemingly unstoppable over three horrific days. In raw, contemporaneous notes by analysts, the eavesdroppers seem to be making a hasty effort to understand the clues from the days and weeks before.

“Analysis of Zarrar Shah’s viewing habits” and other data “yielded several locations in Mumbai well before the attacks occurred and showed operations planning for initial entry points into the Taj Hotel,” the N.S.A. document said.

That viewing history also revealed a longer list of what might have been future targets. M.K. Narayanan, India’s national security adviser at the time, appeared to be concerned with that data from Mr. Shah in discussions with American officials shortly after the attacks, according to the WikiLeaks archive of American diplomatic cables.

A top secret GCHQ document described the capture of information on targets that Mr. Shah had identified using Google Earth.

The analysts seemed impressed by the intelligence haul — “unprecedented real-time active access in place!” — one GCHQ document noted. Another agency document said the work to piece the data together was “briefed at highest levels nationally and internationally, including the US National Security Adviser.”

As early reports of many casualties came in, Mr. Goel said the focus in Washington shifted to a question already preoccupying the White House: “Is this going to lead to a war between Pakistan and India?” American officials who conducted periodic simulations of how a nuclear conflict could be triggered often began with a terror attack like this one.

On Nov. 30, Mr. Goel was back at his office, reading a stack of intelligence reports that had accumulated on his desk and reviewing classified electronic messages on a secure terminal.

Amid the crisis, Mr. Goel, now a senior South Asia Fellow at the New America Foundation, paid little attention to the sources of the intelligence and said that he still knew little about specific operations. But two things stood out, he said: The main conspirators in Pakistan had already been identified. And the quality and rapid pacing of the intelligence reports made it clear that electronic espionage was primarily responsible for the information.

“During the attacks, it was extraordinarily helpful,” Mr. Goel said of the surveillance.

But until then, the United States did not know of the British and Indian spying on Mr. Shah’s communications. “While I cannot comment on the authenticity of any alleged classified documents, N.S.A. had no knowledge of any access to a lead plotter’s computer before the attacks in Mumbai in November 2008,” said Mr. Hale, the spokesman for the Office of the director of National Intelligence.

As N.S.A. and GCHQ analysts worked around the clock after the attacks, the flow of intelligence enabled Washington, London and New Delhi to exert pressure on Pakistan to round up suspects and crack down on Lashkar, despite its alliance with the ISI, according to officials involved.

In the stacks of intelligence reports, one name did not appear, Mr. Goel clearly recalls: David Coleman Headley. None of the intelligence streams from the United States, Britain or India had yet identified him as a conspirator.

The Missing American
Mr. Headley’s many-sided life — three wives, drug-smuggling convictions and a past as an informant for the United States Drug Enforcement Administration — would eventually collapse. But for now, he was a free man, watching the slaughter on television in Lahore, Pakistan, according to his later court testimony. At the time, he was with Faiza Outalha, his Moroccan wife, having reconciled with her after moving his Pakistani wife and four children to Chicago.

Mr. Headley’s unguarded emails reflected euphoria about Lashkar’s success. An exchange with his wife in Chicago continued a long string of incriminating electronic communications by Mr. Headley written in a transparent code, according to investigators and case files.

“I watched the movie the whole day,” she wrote, congratulating him on his “graduation.”

About a week later, Mr. Headley hinted at his inside information in an email to fellow alumni of a Pakistani military school. Writing about the young terrorists who carried out the mayhem in Mumbai, he said: “Yes they were only 10 kids, guaranteed. I hear 2 were married with a daughter each under 3 years old.” His subsequent emails contained several dozen news media photos of the Mumbai siege.

Almost immediately, Mr. Headley began pursuing a new plot with Lashkar against a Danish newspaper that had published cartoons of the Prophet Muhammad. He went to Denmark in January and cased the newspaper, meeting and exchanging emails with its advertising staff, according to his later testimony and court records. He sent messages to his fellow conspirators and emailed himself a reconnaissance checklist of sorts, with terms like “Counter-Surveillance,” “Security (Armed?)” and “King’s Square” — the site of the newspaper.

Those emails capped a series of missed signals involving Mr. Headley. The F.B.I. conducted at least four inquiries into allegations about his extremist activity between 2001 and 2008. Ms. Outalha had visited the United States Embassy in Islamabad three times between December 2007 and April 2008, according to interviews and court documents, claiming that he was a terrorist carrying out missions in India.

Mr. Headley also exchanged highly suspicious emails with his Lashkar and ISI handlers before and after the Mumbai attacks, according to court records and American counterterrorism officials. The N.S.A. collected some of his emails, but did not realize he was involved in terrorist plotting until he became the target of an F.B.I. investigation, officials said.

That inquiry began in July 2009 when a British tip landed on the desk of a rookie F.B.I. counterterrorism agent in Chicago. Someone named “David” at a Chicago pay phone had called two suspects under surveillance in Britain, planning to visit.

He had contacted the Britons for help with the plot, according to testimony. Customs and Border Protection used his flight itinerary to identify him while en route, and after further investigation, the F.B.I. arrested him at Chicago O’Hare Airport that October, as he was preparing to fly to Pakistan. For his role in the Mumbai attacks, he pleaded guilty to 12 counts and was sentenced to 35 years in prison.

After disclosures last year of widespread N.S.A. surveillance, American officials claimed that bulk collection of electronic communications led to Mr. Headley’s eventual arrest. But a government oversight panel rejected claims giving credit to the N.S.A.’s program to collect Americans’ domestic phone call records. Case files and interviews with law enforcement officials show that the N.S.A. played only a support role in the F.B.I. investigation that finally identified Mr. Headley as a terrorist and disrupted the Danish plot.

The sole surviving attacker of the Mumbai attack, Mr. Kasab, was executed in India after a trial. Although Pakistan denies any role in the attacks, it has failed to charge an ISI officer and Mr. Mir, who were indicted by American prosecutors. Though Mr. Shah and other Lashkar chiefs had been arrested, their trial remains stalled six years after the attack.

Mr. Menon, the former Indian foreign minister, said that a lesson that emerged from the tragedy in Mumbai was that “computer traffic only tells you so much. It’s only a thin slice.” The key is the analysis, he said, and “we didn’t have it.”

James Glanz, of The New York Times, reported from India, New York and Washington; Sebastian Rotella, of ProPublica, reported from Chicago, India, New York and Washington; and David E. Sanger, of The New York Times, reported from Washington. Andrew W. Lehren, of The New York Times, contributed reporting from New York, and Declan Walsh, of The New York Times, from London. Jeff Larson, of ProPublica, and Tom Jennings and Anna Belle Peevey, of FRONTLINE, contributed reporting from New York.

Related Film: A Perfect Terrorist
FRONTLINE and ProPublica teamed up in 2011 to investigate the mysterious circumstances behind David Coleman Headley’s rise from heroin dealer and U.S. government informant to master plotter of the 2008 attack on Mumbai. Also explore our interactive look at Headley’s web of betrayal.

DECEMBER 21, 2014 / by JAMES GLANZ • SEBASTIAN ROTELLA • DAVID E. SANGER The New York Times

Find this story at 21 December 2014
Copyright http://www.pbs.org/

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Five years on, this is what we now know. A valued CIA proxy, who infiltrated the Lashkar-e-Toiba (LeT), a banned Pakistani Islamist outfit, planned the Mumbai attacks in which 166 people were killed, and more than 300 injured. David Headley, an American citizen, conceived, scoped and ran supplies for the terrorist ‘swarm’ operation, so called because several independent units simultaneously hit their enemy in multiple locations, coming out of nowhere, multiplying fear and panic.
Headley selected Mumbai, India’s commercial capital, as the theatre of operations while acting as a ‘prized counter-terrorism asset’ for the United States, according to senior officers in the Joint Terrorism Task Force, who described his covert career as running for eleven years. When the LeT’s ten-man suicide squad sailed from a creek in Pakistan’s southern port city of Karachi, at dawn on 22 November 2008, they navigated towards a landing spot in Mumbai, marked on a GPS provided by the Washington DCborn maverick. Reaching the world’s fourth largest metropolis four nights later, LeT’s team fanned out, following routes plotted by Headley over an intense two-year period of surveillance . Shortly before 10pm, the gunmen shot dead tourists at the Leopold Cafe, massacred more than 60 Indian commuters at the Chhatrapati Shivaji Terminus (CST) railway station, and then laid siege to a Jewish centre and two five-star hotels, including the luxurious Taj Mahal Palace, Mumbai’s most famous landmark. Ten men would keep the mega-city burning for more than three days.
This month sees the fifth anniversary of the Mumbai attacks, and the most complete survey to date of former and serving intelligence agents, diplomats, police, and survivors from 12 countries, reveals that the CIA repeatedly tipped off their counterparts in India to an imminent attack, using intelligence derived from their prize asset Headley. What they did not reveal was that their source, a public school educated Pakistani-American dilettante and entrepreneur, was allowed to remain in place even as the attack was realized. His continuing proximity to the terrorist outfit would eventually lead to a showdown between Washington and New Delhi.
Researching ‘The Siege’, we learned that Indian intelligence agents accused their US counterparts of protecting Headley and leaving him in the field, despite the imminent threat to Mumbai. Irate Indian officials claimed that Headley’s Mumbai plot was allowed to run on by his US controllers, as to spool it in would have jeopardized his involvement in another critical US operation . Having infiltrated the LeT, Headley also won access to al-Qaida, making him the only US citizen in the field who might be able to reach Osama bin Laden. Three years before America’s most wanted terrorist was finally run to ground in Abbottabad, this was an opportunity that some in the US intelligence community were not willing to give up.
Phone and email intercepts seen by us confirm how Headley had become trusted by Ilyas Kashmiri, a former LeT commander and senior al-Qaida operative, who led an al-Qaida military affiliate, known as Brigade 313. Based in the Federally Administered Tribal Areas (FATA) of Pakistan, Ilyas Kashmiri was, at one point, considered as a potential successor to Osama bin Laden until his death in June 2011.
In 2009, several months after the Mumbai atrocity, agents from the Research and Analysis Wing (R&AW), India’s foreign intelligence agency, confronted the CIA with these claims, according to accounts seen by us. India is said to have accused the US of pursuing ‘a narrow self-interest’ and having some responsibility in the deaths in Mumbai.
However, the CIA stood firm, one senior agent claiming that ‘Indian incompetence’ was to blame for the attack. In 2006, the US had warned India that the LeT was forming a suicide squad to attack India from the sea. More than 25 increasingly detailed bulletins followed that named Mumbai as the prime objective, and identified several targets, including the Taj hotel. Additional bulletins suggested that a team of highly trained gunmen using AK47s and RDX, military-grade explosives, would seek to prolong the attack by taking hostages and establishing a stronghold, before a final shoot-out that they hoped would be broadcast live around the world on TV.
Some of these bulletins were eventually distilled into notices that reached the police patrolling Mumbai . However, the assessments were ‘ignored or downplayed’ until July 2008 when a senior police officer, a Deputy Commissioner of Police (DCP) with responsibility for security in the district of South Mumbai where the Taj was located, took action . On 12 August 2008, DCP Vishwas Nangre Patil spent nine hours with the Taj’s security staff, writing a report to his seniors that concluded: ‘Overall, the [Taj] management has done very little to adapt the hotel to the changing security environment in the city.’ When a truck bomb devastated the Marriott Hotel in Islamabad, Pakistan, on 20 September 2008, Patil drew up an urgent list of enhanced security measures for the Taj, including snipers on the roof, blast barriers on the driveway and armed guards on all doors. Although security was tightened as a result, most of these measures were withdrawn again after DCP Patil went on leave in the second week of October 2008.
David Headley was a bizarre mix of Eastern and Western cultures and made for a near-perfect mole. His mother was Serrill Headley, a socialite and adventuress from Maryland, whose great-aunt had funded women’s rights and Albert Einstein’s research . His father was Syed Gilani, a renowned radio broadcaster and diplomat from Lahore, who had been seconded to Voice of America. When Headley was born in Washington DC in 1960, he was initially named Daood Saleem Gilani. Within a year, the family had relocated to Pakistan, where Gilani was brought up as a Muslim and schooled at an exclusive military academy. After his parents divorced and Serrill returned to the US to open a bar in Philadelphia, named, suitably, the Khyber Pass, Gilani, aged 17, rejoined her. He lived with her in a flat above the Khyber Pass — and soon immersed himself in the American way of life. Later he moved to the Upper West Side in New York, where he opened a video rental shop, Fliks.
By 1984, Gilani was a six-foot-two American boy, with a fair complexion, broad shoulders and an impressive mop of curly blond hair. Only his distinctively mismatched eyes — one blue one brown —hinted at his mixed heritage and muddled ancestry. Dressed in crumpled Armani jeans, a leather jacket slung over his shoulder, and a £10,000 Rolex Submariner poking out of his cuff, he was already looking for more lucrative opportunities than video rental. That year, he used his dual identities to smuggle half a kilogram of heroin from Pakistan’s tribal areas to New York, selling it through the video store. When German customs officers caught him four years later at Frankfurt airport en-route to Philadelphia, with two kilograms of heroin, Gilani informed on his co-conspirators to the Drug Enforcement Administration (DEA). While, his accomplices were jailed for between eight and ten years, he became a paid DEA informer, infiltrating Pakistan’s drug syndicates . Some US agents warned that Gilani was too volatile to be trusted, and in 1997, he was arrested again in New York for trafficking. He offered another deal, suggesting he infiltrate Islamist radicals who were starting to worry the CIA and FBI.
A letter put before the court reveals prosecutors conceded that while Gilani might have supplied up to fifteen kilograms of heroin worth £947,000, he had also been ‘reliable and forthcoming’ with the agency about ‘a range of issues’ . Sentenced to fifteen months in the low-security Fort Dix prison, New Jersey, while his co-conspirator received four years in a high-security jail, he was freed after only nine months. In August 1999, one year after hundreds had been killed in simultaneous Al-Qaeda bomb attacks on American embassies in Africa, he returned to Pakistan, his ticket paid for by the US government.
By 2006, Daood had joined the inner circle of Lashkar-e-Toiba, which had been proscribed by the UN five years earlier. Coming up with the plan to attack Mumbai and launch LeT onto the international stage, he changed his name to David Headley and applied for a new US passport. He would use it to travel incognito to India on seven surveillance trips, selecting targets in Mumbai which he photographed using a camera he borrowed from his mother-in-law .
Headley was chaotic and his Mumbai plan was almost undermined by his private life. By 2008, he was married to three women, none of who knew of the others’ existence, two living apart in Pakistan and one in New York. The wife in the US, however, grew suspicious after he championed the 9/11 attackers, reporting him to the authorities. Shortly before the Mumbai operation, his cousin Alex Headley, a soldier in the US Army also considered reporting him after Headley announced that he was naming his newborn son Osama and described him as ‘my little terrorist’ . His Pakistani half-brother Danyal Gilani, who worked as a press officer for the Pakistani Prime Minister Yousaf Raza Gilani, disowned him.
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Eventually, Headley’s mother informed on him to the FBI. Her son was only ever interested in himself, she warned, arguing that his selfishness was born out of his lack of a sense of self. None of the complainants heard anything back, with Serrill Headley, who died ten months before Mumbai, confiding in a friend that her son ‘must have worked for the US government’ .
Five years on, with American officials continuing to remain silent over Headley (and the conflict of interest that enabled him to run amok in the field), and with New Delhi still prevented from accessing him, the full truth about Washington’s culpability in 26/11 remains muddied. In India, where no postmortem of any depth has been carried out into Mumbai, the scale of the intelligence failings — the inability of IB and RAW to develop the leads passed them by the CIA and others — will also never be fully exposed.

Adrian Levy & Cathy Scott Clark | Nov 24, 2013, 05.15 AM IST

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Copyright http://timesofindia.indiatimes.com/

Van nieuwsblog.burojansen.nl

It has been called the most spectacular terror attack since 9/11. On the night of Nov. 26, 2008, 10 men armed with guns and grenades launched an assault on Mumbai with a military precision that left 166 dead. India quickly learned the attackers belonged to Lashkar-e-Taiba, a Pakistani militant group associated with Pakistan’s secretive intelligence agency, the ISI. But what wasn’t known then was that a Lashkar/ISI operative had been casing the city for two years, developing a blueprint for terror. His name was David Coleman Headley, and he’d been chosen for the job because he had the perfect cover: he was an American citizen. FRONTLINE and ProPublica reporter Sebastian Rotella team up to investigate the mysterious circumstances behind Headley’s rise from heroin dealer and U.S. government informant to master plotter of the 2008 attack on Mumbai.

NOVEMBER 22, 2011 // 53:40

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Officials say chances of life-termer going free ‘better than ever’ as US seeks to sooth Israel over Iran; Justice Department denies report

The Obama administration is preparing to release Jonathan Pollard, who was convicted in 1987 of spying for Israel, in hopes of alleviating tensions over the Iranian nuclear deal, the Wall Street Journal reported Friday.

According to US officials cited in the report, some are pushing for Pollard’s release in a matter of weeks, while others say it could take months. Still other US officials mentioned in the report denied any link between the Iranian nuclear deal and Pollard’s potential release.

ABC News’ managing editor tweeted Friday night that US officials had confirmed to ABC that the former Navy analyst was set to be released in November, when he is eligible for parole.

But the Justice Department said it expected Pollard to serve out his entire sentence.

“The Department of Justice has always and continues to maintain that Jonathan Pollard should serve his full sentence for the serious crimes he committed, which in this case is a 30-year sentence as mandated by statute,” said spokesman Marc Raimondi.

“Mr. Pollard’s status will be determined by the United States Parole Commission according to standard procedures,” added National Security Council spokesman Alistair Baskey. “There is absolutely zero linkage between Mr. Pollard’s status and foreign policy considerations.”

Israeli government officials — including Prime Minister Benjamin Netanyahu himself — activists, and even members of Congress have for decades lobbied successive US administrations for Pollard’s release.

There have been several reports in US media in recent months alleging that Pollard may be released later this year.

Last week, one of Pollar’s attorneys, Eliot Lauer, told the Times of Israel that he has received no indication of this.

“We have not received any word, and I would expect that either I or my client would be the ones who would be notified,” he said. Lauer is a member of Pollard’s pro bono legal team, and has represented him for over two decades.

The 61-year-old Pollard is serving a life sentence in a US federal prison for passing classified information to Israel; he was granted citizenship by Israel 20 years ago. The flurry of reports reflect a US government website that lists Pollard’s release date (under ID number 09185-016) as November 21, 2015 – a date that would coincide with the 30th anniversary of his arrest.

Lauer noted that November 21, 2015, has been listed as a release date for Pollard for decades.

US government site showing Jonathan Pollard’s scheduled release date
US government site showing Jonathan Pollard’s scheduled release date

In order for Pollard to be released, a Notice of Action must first be issued – and presumably, it is Pollard’s legal team which would receive it first. According to Lauer, no such Notice of Action has been received.

Lauer said the authorities could issue such a notice shortly before Pollard’s release date.

Although Pollard is serving a life sentence under a Federal law that allows the possibility of parole, he is the only American citizen who has been sentenced to life in prison for passing classified information to a US ally.

The US has at times considered releasing Pollard, but has been met with fierce opposition by some in the CIA, the FBI and the Justice Department. This could again be the case if indeed the Obama administration is considering it, but “[Pollard’s] chances at winning freedom are better now than they have ever been,” according to the WSJ report that attributes the belief to unnamed US officials.

There have been multiple false starts and reports over the years indicating that Pollard’s release was imminent. During his farewell visit as president of Israel to Washington DC last year, Shimon Peres pressed President Barack Obama for Pollard’s release.

In August 2014, a request by Pollard for parole was denied, with the officials arguing that releasing Pollard would “constitute contempt for the severity of the offense and promote a lack of respect for the law.”

AP contributed to this report.

BY REBECCA SHIMONI STOIL AND TIMES OF ISRAEL STAFF July 24, 2015, 11:29 pm 43

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De Amerikaanse voormalig spion Jonathan Pollard zit een levenslange gevangenisstraf uit. Als werknemer bij de VS Marine Inlichtingendienst stal hij honderdduizenden geheime documenten en verkocht die aan Israël. De man die hem ontmaskerde, schreef er een boek over.

Bradley Manning wordt verdacht van het lekken van geheime documenten van de Amerikaanse overheid. Deze documenten werden openbaar gemaakt voor Wikileaks. Nog voordat Manning een eerlijk proces heeft gekregen, zit hij al een ruim een jaar in eenzame opsluiting.

De omvang en gevoeligheid van de Wikileaks-documenten vallen echter in het niet in vergelijking met het aantal geheime stukken dat Jonathan Pollard begin jaren ’80 aan de Israëliërs heeft overhandigd. Pollard werkte voor de Naval Intelligence Service. Van juni 1984 tot zijn aanhouding in november 1985 wandelde hij bijna dagelijks het gebouw van de Naval Intelligence Command uit met een tas vol top secret documenten.

De Amerikaanse overheid schat dat hij ruim een miljoen stukken aan de Israëliërs heeft overhandigd. Een van de stukken was het tiendelige boekwerk Radio-Signal Notations (RASIN), een gedetailleerde beschrijving van het netwerk van de wereldwijde elektronische observatie door de Amerikanen.

Pollard onderzocht

Capturing Jonathan Pollard werd in 2006 door de Naval Institue Press gepubliceerd. Het boek is van de hand van Ronald Olive, destijds werkzaam voor de Naval Criminal Investigative Service (NCIS). Als medewerker van de NCIS kreeg Olive in 1985 de taak om te onderzoeken of Pollard geheime stukken lekte.

Het onderzoek volgde op een tip van een medewerker van de Anti-Terrorism Alert Center (ATAC) van de NIS, de afdeling waar Pollard werkte. Deze man zag Pollard het gebouw uitlopen met een stapel papier. De stapel was verpakt in bruin inpakpapier en tape met de code TS/SCI, Top Secret/Sentive Compartmented Information. TS/SCI is een nog zwaardere kwalificatie als top secret.

Pollard stapte met de stukken bij zijn vrouw Ann in de auto. Nog even dacht zijn collega dat Pollard naar een andere inlichtingendienst, zoals de DIA (Defense Intelligence Service) zou rijden om daar de documenten af te geven. Dit leek onwaarschijnlijk omdat Pollard eerder tegen hem had gezegd dat hij verkeerde documenten had besteld bij het ‘archief’ en dat hij deze nu moest terugbrengen en vernietigen. Pollard en Ann reden echter een geheel andere kant op.

Olive beschrijft vervolgens de ontmaskering van Jonathan en Ann. In Pollards werkruimte wordt een camera opgehangen die registreert hoe de spion een aktetas vol TS/SCI documenten propt en het gebouw verlaat. Pollard en zijn vrouw ruiken onraad en proberen de sporen van spionage te wissen. Ann moet een koffer vol super geheime documenten, die in hun huis liggen, vernietigen. Zij raakt in paniek en de koffer belandt bij de buren.

Gevoelige snaar

Het boek van Ronald Olive is nog even actueel als het eerste boek dat over deze spionagezaak is verschenen in 1989, Territory of Lies: The American Who Spied on His Country for Israel and How He Was Betrayed.

Begin dit jaar wordt een petitie, ondertekend door meer dan 10.000 Israëliërs, aan de Israëlische president Shimon Peres gezonden. Hierin roepen politici, kunstenaars en andere bekende en onbekende Israëliërs de president op om Pollard vrij te krijgen. Op 1 september 2010 berichtte de LA Times zelfs dat de vrijlating van Pollard de bevriezing van de bouw van Israëlische nederzettingen in de bezette gebieden zou verlengen.

Pollard raakt kennelijk een gevoelige snaar, zowel in Israël als in de Verenigde Staten. Schrijver Olive op zijn beurt bevindt zich in een gezelschap van allerlei mensen die er voor ijveren om de spion zijn gehele leven achter slot en grendel te houden, hoewel levenslang in de Verenigde Staten niet echt levenslang hoeft te zijn. Bij goed gedrag kunnen gevangenen na dertig jaar vrijkomen.

In 1987 werd Pollard veroordeeld tot levenslang na een schuldbekentenis en toezegging dat hij de Amerikaanse overheid zou helpen bij het in kaart brengen van de schade die hij door zijn spionage-activiteiten had veroorzaakt. Die schade werd door de toenmalige minister van Defensie Casper Weinberger vastgelegd in een memorandum van 46 pagina’s, welke nog steeds niet openbaar is gemaakt. Pollard’s vrouw kreeg vijf jaar gevangenisstraf voor het in bezit hebben van staatsgeheime documenten.

Capturing Jonathan Pollard is geen spannend fictie / non-fictie boek met een twist, zoals Spywars van Bagley. Olive beschrijft droog het leven van de spion vanaf het moment dat hij bij de CIA solliciteert, tot aan de dag van zijn veroordeling. Natuurlijk is de schrijver begaan met de geheimhouding van Amerikaanse strategische informatie en verbaast het niet dat hij bij het verschijnen van het boek in 2006 een pleidooi hield om Pollard niet vrij te laten.

Niet kieskeurig

Hoewel de volle omvang van het lekken van Pollard niet duidelijk wordt beschreven, blijkt dat Pollard niet bepaald kieskeurig was. De Israëliërs hadden hem lijsten meegegeven van wat zij graag wilden hebben, vooral informatie over het Midden-Oosten, maar ook over de Russen en operaties van de Amerikanen in het Middellandse Zee gebied.

Zodra Pollard echter stukken langs ziet komen die ook voor andere landen interessant zouden kunnen zijn, probeert hij ook daar te winkelen. Zo poogt hij geheime documenten aan de Chinezen, Australiërs, Pakistani en de Zuid-Afrikanen, maar ook aan buitenlandse correspondenten te slijten.

Het gegeven dat landen elkaars strategische informatie en geheimen proberen te stelen, is niet nieuw. Het bestaan van contra-spionage afdelingen toont aan dat geheime diensten daar zelf ook rekening mee houden. De Australiërs dachten dan ook dat Pollard onderdeel uitmaakte van een CIA-operatie. Hoewel ze dat eigenlijk niet konden geloven, vermeed hun medewerker Pollard en werd de zaak niet gemeld bij Amerikaanse instanties.

Als onderdeel van thrillers en spannende lectuur zijn de spionage praktijken van Pollard, zoals Olive die beschrijft, niet bijster interessant, want het leidt af van waar het werkelijk om draait. Daarentegen is het boek van grote waarde waar het gaat om de beschrijving van de persoon Pollard, de wijze waarop hij kon spioneren, zijn werkomgeving, de blunders die worden gemaakt – niet alleen het aannemen en overplaatsen van Pollard, maar ook de wijze waarop geheimen zo eenvoudig kunnen worden gelekt – eigenlijk de totale bureaucratie die de wereld van inlichtingendiensten in zijn greep heeft.

Hoewel deze persoonlijke en bureaucratische gegevens niet breed worden uitgemeten – Olive is zelf een voormalig inlichtingenman – verschaft het boek een veelheid aan informatie daarover. De schrijver lijkt die persoonlijke details specifiek aan Pollard te koppelen, alsof het niet voor andere medewerkers zou gelden.

Opschepper

Dit gaat ook op ook voor de gemaakte fouten van de bureaucratie rond de carrière van de spion. Zo lijkt Pollard van jongs af aan een voorliefde te hebben gehad om spion te worden, of in ieder geval iets geheims te willen doen in zijn leven. Tijdens zijn studie schept hij erover op dat hij voor de Mossad zou werken en had gediend in het Israëlische leger. Zijn vader zou ook voor de CIA werkzaam zijn.

Aan deze opschepperij verbindt Olive een psychologisch element. Het zou een soort compensatie zijn voor de slechte jeugd van Pollard die vaak zou zijn gepest. Ook zijn vrouw zou niet bij hem passen omdat die te aantrekkelijk is. Pollard moet dat compenseren door stoer te doen. Later, toen hij voor een inlichtingendienst werkte, voelde hij zich opnieuw het buitenbeentje. Zijn carrière verliep alles behalve vlekkeloos, regelmatig werd hij op een zijspoor gezet.

Olive schetst een beeld van een verwend kind, dat niet op juiste waarde werd ingeschat en stoer wilde doen. Was Pollard echter zoveel anders dan zijn voormalige collega analisten of medewerkers van de inlichtingendienst? Werken voor een inlichtingendienst vereist een zekere mate van voyeurisme, een gespleten persoonlijkheid. Buiten je werk om kun je niet vrijelijk praten over datgene waar je mee bezig bent.

Dat doet wat met je psyche, maar trekt ook een bepaald soort mensen aan. Het werk betreft namelijk niet het oplossen van misdrijven, maar het kijken in het hoofd van mogelijke verdachten. Het BVD-dossier van oud-provo Roel van Duin laat zien dat een dienst totaal kan ontsporen door zijn eigen manier van denken. Dat komt echter niet voort uit de dienst als abstracte bureaucratie, maar door toedoen van de mensen die er werken.

Roekeloos

Pollard gedroeg zich arrogant en opschepperig, misschien wel om zijn eigen onzekerheid te maskeren. Dergelijk gedrag wordt door de schrijver verbonden aan zijn spionage-activiteiten voor de Israëliërs. Pollard was echter niet getraind in het lekken van documenten en ging verre van zorgvuldig te werk. Hij deed het zo openlijk dat het verbazingwekkend is dat het zo lang duurde voordat hij tegen de lamp liep. Hij zei bijvoorbeeld tegen de Israëliërs dat zij alleen de TS/SCI documenten moesten kopiëren en dat ze de rest mochten houden.

In de loop van de anderhalf jaar dat hij documenten naar buiten smokkelde, werd hij steeds roekelozer. Dat hij gespot werd met een pak papier onder zijn arm terwijl hij bij zijn vrouw in de auto stapte, was eerder toeval dan dat het het resultaat was van grondig speurwerk van de NCIS.

Eenmaal binnenin het inlichtingenbedrijf zijn de mogelijkheden om te lekken onuitputtelijk. Als Pollard wel getraind was geweest en zorgvuldiger te werk was gegaan, dan had hij zijn praktijk eindeloos kunnen voorzetten. Welke andere ‘agenten’ doen dat wellicht nog steeds? Of welke andere medewerkers waren minder roekeloos en tevreden geweest met het lekken van enkele documenten?

Die medewerkers vormen gezamenlijk het systeem van de dienst. Pollard schepte graag op, maar de schrijver van Spy Wars, Bagley, klopte zich ook graag op de borst en, hoewel in mindere mate, Ronald Olive ook. Iets dat eigenlijk vreemd is, als het aantal blunders in ogenschouw wordt genomen nadat Pollard ontdekt was. Alleen omdat de Israëliërs Pollard de toegang tot de diplomatieke vestiging ontzegden, zorgde ervoor dat hij alsnog gearresteerd en levenslang kreeg in de VS. Hij was echter bijna ontsnapt.

Blunders

Het is daarom niet gek dat inlichtingendiensten een gebrek aan bescheidenheid vertonen. Vele aanslagen zijn voorkomen, wordt vaak beweerd, maar helaas kunnen de diensten geen details geven. Het klinkt als Pollard, op bezoek bij Olive, die breed uitmeet dat hij die en die kent op de Zuid-Afrikaanse ambassade en of hij die moet werven als spion. Olive was werkzaam voor de NCIS. Pollard bezocht hem voordat hij werd ontmaskerd. Zijn eigen gebrek aan actie in relatie tot de twijfels over Pollard toont aan dat geen enkel bureaucratisch systeem perfect is, ook niet dat van inlichtingendiensten.

Het is niet verbazingwekkend dat de carrière van Pollard bezaaid is met blunders. Hij werd dan wel afgewezen door de CIA, maar waagde vervolgens een gokje bij een andere dienst en had geluk. Hij werd bij de NIS aangenomen en kroop zo langzaamaan in de organisatie. De fouten die bij het aannamebeleid en bij de evaluaties van Pollard zijn gemaakt, worden door Olive gepresenteerd als op zichzelf staand, maar de hoeveelheid blunders en gebrekkige administratie lijken zo talrijk dat het geen toevalstreffers zijn.

Bij elke promotie of overplaatsing lijkt slechts een deel van zijn persoonsdossier hem te volgen. De NIS wist vanaf het begin niet dat Pollard eerder door de CIA werd afgewezen. Als zijn toegang tot geheime documenten wordt ingetrokken, wacht Pollard net zo lang tot bepaalde medewerkers zijn overgeplaatst of vertrokken. Hij wordt dan wel afgeschilderd als een verwend kind dat met geheimen speelt, regelmatig moet Olive echter toegeven dat Pollard een briljant analist is. Pas in de laatste maanden van zijn spionage-activiteiten, lijdt zijn werk onder de operatie om zoveel mogelijk documenten naar buiten te smokkelen.

Waarom Pollard de Amerikaanse overheid schade toebracht, wijdt Olive vooral aan zijn joodse afkomst. Niet dat de schrijver alle joodse Amerikanen verdenkt, maar een belangrijke reden voor het fanatiek lekken wordt verklaard aan de hand van Pollard’s wens om naar Israël te emigreren. Olive gaat echter voorbij aan het geld dat de spion aan zijn activiteiten verdiende. Aanvankelijk 1.500 dollar per maand, na een paar maanden 2.500 en twee volledig verzorgde reizen met zijn vrouw naar Europa en Israël en tot slot een Zwitserse bankrekening met jaarlijks een bonus van 30.000 dollar.

Los van de Zwitserse rekening schat de Amerikaanse overheid dat Pollard rond de 50.000 dollar aan zijn spionagewerk heeft overgehouden. Eigenlijk niet eens veel in vergelijking met de één miljoen documenten die hij leverde. De onderhandelingen over het geld maken echter duidelijk dat Pollard wel degelijk geïnteresseerd was om zoveel mogelijk te verdienen. De prijs werd gedrukt omdat de Israëliërs niet erg toeschietelijk waren en Pollard ze sowieso wilde helpen.

Afkomst

Zijn joodse afkomst zat hem in de weg, want waarschijnlijk had hij alleen al voor het tiendelige boekwerk Radio-Signal Notations (RASIN) 50.000 dollar kunnen krijgen. Uiteindelijk blijkt Pollard een gewoon mens die de verlokking van het geld niet kon weerstaan. Andere agenten zijn hem voorgegaan en hebben zijn voorbeeld gevolgd.

Het nadeel van zijn afkomst blijkt ook uit het feit dat hij zijn Israëlische runner een ‘cadeautje’ gaf. Aviem Sella had mee gevochten in de zesdaagse Yom Kippur oorlog en was een van de piloten die de Iraakse kernreactor in Osirak bombardeerde. Pollard gaf hem destijds satellietbeelden van die aanval. Sella wordt nog steeds gezocht voor Verenigde Staten voor spionage.

De operatie werd door een andere veteraan, Rafi of Rafael Eitan, geleid. Onder diens leiding spoorde de Mossad Adolf Eichmann op. Eitan en Sella werden rijkelijk beloond voor hun werk met Pollard, maar moesten hun promoties inleveren omdat de Amerikanen eind jaren ’80 furieus reageerden. Na de arrestatie van Pollard beweerden de Israëliërs dat ze helemaal niet zoveel documenten hadden gekregen van de spion en de onderhandelingen over teruggave uiterst stroef waren verlopen.

Uiteindelijk werd maar een fractie van de documenten teruggegeven aan de Amerikanen. De Israëliërs waren vooral bezig om na zijn veroordeling Pollard vrij te krijgen. Premier Nethanyahu sprak vorig jaar de Knesset toe over het lot van Pollard, terwijl de Israëlische ambassadeur in de VS hem juli 2011 bezocht in de gevangenis.

Tot nu toe lijken de Amerikanen niet van zins om hem vrij te laten. Na de veroordeling van Pollard kwam de campagne Free Pollard op gang. Zijn vrouw verdween uit beeld. Niet alleen Israëliërs nemen deel aan de campagne, maar ook Alan Dershowitz, professor aan de Harvard Law School en andere academici. In het laatste hoofdstuk More sinned against than sinning beschrijft Olive enkele andere spionnen die documenten verkochten aan buitenlandse mogendheden.

Capturing Jonathan Pollard was nog niet gepubliceerd toen de stroom Wikileaks-documenten op gang kwam. Die documenten laten echter zien dat een waterdicht systeem niet bestaat en dat mensen voor geld of om andere redenen geheime stukken lekken. De Wikileaks-documenten onderstrepen dat er sinds de jaren ’80 weinig is veranderd. Met als enige verschil de hardvochtige wijze waarop verdachte Manning in deze zaak wordt behandeld en de gebrekkige aandacht die hij krijgt van professoren en andere betrokkenen bij de Wikileaks-documenten.

Capturing Jonathan Pollard: How One of the Most Notorious Spies in American History Was Brought to Justice. Auteur Ronald J. Olive. Uitgeverij US Naval Institute Press (2006).

Find this story at 19 June 2012

Van nieuwsblog.burojansen.nl

New information on the 2014 activities of European police cooperation groups and networks has been published by the German government (pdf), in response to questions from Die Linke parliamentary deputies. The answers include information on the work of Europe’s secretive undercover policing coordination networks. However, the government claims – as it has done in the past – that many of the questions cannot be answered publicly, due to the need for confidentiality.
The questions concern a number of groups and networks, including:

The European Cooperation Group on Undercover Activities (ECG);
The International Working Group on Police Undercover Activities (IWG);
The Cross-Border Surveillance Working Group (CSW);
The International Specialist Law Enforcement (ISLE) project;
Europol’s ‘Focal Point Dolphin’.
European Cooperation Group on Undercover Activities (ECG)

The ECG was established in 2001 and deals with: “The promotion of international cooperation by law enforcement agencies at the European level with respect to the deployment of undercover investigators to combat organised crime.” [1]

However, the German government has previously referred to “politically motivated” crime as one of the “main issues” looked at by the group, [2] and has admitted that the work of the exposed police spy Mark Kennedy has been discussed at its meetings.

The extent to which the ECG is involved in coordinating or directing police infilitration of protest movements across Europe is unknown, although a number of the British undercover police exposed in recent years are known to have travelled abroad frequently. German officers have also been sent abroad on a number of occasions. [3] Attempts by a number of women to obtain justice after being deceived into spending years in relationships with undercover police officers are ongoing. [4]

According to the German government, the ECG met in Bucharest from 20 to 23 May, and the group’s third workshop on “Undercover on the Internet” was held in Marburg from 6 to 9 October.

The list of attendees is lengthy. At the main ECG meeting, there were representatives present from 22 EU Member States:

Austria (Federal Criminal Police Office, Vienna)
Belgium (Federal Police)
Bulgaria (Government Agency for National Security)
Croatia (Criminal Police Directorate)
Czech Republic (Czech National Police)
Denmark (Danish National Police)
Estonia (Central Criminal Police)
Finland (National Bureau of Investigation)
France (Central Directorate of Criminal Investigation Department)
Germany (Federal Criminal Police Office, Central Office of the German Customs Investigation Service)
Hungary (Hungarian National Police and Hungarian Customs)
Italy (Carabinieri)
Latvia (Criminal Police Department)
Lithuania (Criminal Police Bureau)
Netherlands (National Police Agency)
Poland (Polish National Police)
Portugal (Policia Judiciária)
Romania (Romanian National Police)
Slovakia (Slovakian National Police)
Slovenia (General Police Directorate)
Spain (Spanish National Police)
United Kingdom (National Crime Agency and Metropolitan Police)
And six non-EU states:

Albania (Central Criminal Police)
Macedonia (Office of Public Security)
Norway (Oslo Police Department)
Russia (Federal Drugs Control Service)
Switzerland (Federal Criminal Police)
Turkey (National Police)
At the October workshop the same organisations were present from Austria, Belgium, Finland, Germany, Hungary, Italy, Latvia, Lithuania, Netherlands, Norway, Poland, Switzerland, Slovenia and the UK. Also present were representatives of the Royal Canadian Mounted Police.

The content of the agendas has not been published by the German government. Its justification for the secrecy was lengthy:

“The meetings dealt inter alia with tactical and operational measures in the context of undercover police investigations, for instance on the Internet. In addition to this, joint training measures in a particular area were discussed…

“The said undercover measures are only used in areas of criminal activity in which a particularly high level of conspiracy, danger to the public and willingness to employ violence must be assumed.

“…making public specific contents of discussions of certain operational resources conducted with foreign police authorities, as discussed in the meeting in question, would gravely undermine the trust and confidence of the international cooperation partners in the integrity of German police work and render significantly more difficult continued cooperation in the area of undercover policing.”

The same justification was referred to in response to a wide number of other questions put forward by Hunko and his colleagues, and similar statements have been previously been put forward by the government in response to parliamentary questions on policing issues.

International Working Group on Police Undercover Activities (IWG)

The IWG was established in 1989 and its purpose has previously been described as “international exchange of experience on all matters related to the covert deployment of police officers.” 2014 saw the 45th meeting of the group, which took place from 21 to 24 October in Warsaw. Poland organised the meeting itself, but Germany’s Federal Criminal Police Office prepared the invitations and agenda “in close consultation with the Member States.”

The same organisations from the list above were present to represent Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Lithuania, the Netherlands, Norway, Poland, Spain, Switzerland, Slovenia, and the UK. Also present were representatives from the Australian Federal Police, the Royal Canadian Mounted Police, the Swedish National Bureau of Investigation, and the United States’ Federal Bureau of Investigation.

The IWG also has an International Business Secretariat (IBS), which has been the subject of previous parliamentary questions from Hunko and his colleagues.

In 2014, the IBS held a meeting from 10 to 13 June in Oslo, with Norway organising the meeting and the UK preparing the invitations and agenda.

Germany’s Federal Criminal Police Office presented an agenda item on “biometrics” to the other delegations, who came from Belgium, Canada, Denmark, France, the Netherlands, Norway, Poland, Spain, Sweden, Switzerland and the UK.

Cross-Border Surveillance Working Group (CSW)

The CSW was first convened in 2005. It appears to have been busier during 2014 than some of the other networks asked about by Die Linke deputies – a meeting of the CSW itself was held in Rome from 7 to 9 May, the steering group met on the 16 and 17 October in The Hague, and The Hague also played host to the ‘Assembly of Regional Groups on Surveillance’ (ARGOS), which was attended by CSW representatives. Italy organised the meeting in Rome, while the ARGOS conference was organised by Europol.

The purpose of the meetings was “to enable the various mobile special mission units to exchange experiences and, building on this, the optimisation of cooperation during cross-border surveillance operations.”

In response to questions about the CSW, the German made statements on the content of the agendas. The May meeting saw discussions on:

The organisation of Italy’s R.O.S. Carabinieri force “and a case study of an abduction case”
“Current status and outlook for the European Tracking System (ETS) and European Law”
The European Network of Law Enforcement Technology Services (ENLETS)
“Presentation of the legal situation in Belgium and other Member States”
“Use of different licence plates in the respective Member States”
“Presentation of criminal activities and means of detection”
“Police measures”
“Air-based surveillance in the United Kingdom”
“Challenges and opportunities arising from the use of technology in the fight against crime”
“Legislative amendments and presentation of the organisation and deployment possibilities of the French police force”
“Presentation of the different legal foundation and use of resources for the interception of private conversations in the participating countries”
“Overview and presentation of an EU Framework Programme”
The agenda for the ARGOS conference in November included:

A presentation on the CSW
“Presentation of a case study on cooperation in the field of surveillance (SENSEE)”
The European Tracking System and European Law
ENLETS
“Presentation of the Europol Liaison Officers ‘Working Group on Controlled Delivery'”
“Presentation of the possible impacts of the European Investigation Order on cross-border surveillance” (the European Investigation Order was adopted in March 2014 and includes rules on cross-border covert investigations. [5])
“Advantages of cross-departmental surveillance and administration”
However, less detail was provided about the attendees, with the German government’s response stating:

“The CSW meeting was attended by representatives of the mobile special mission units or comparable units from Belgium, Netherlands, the United Kingdom, France, Spain, Denmark, Austria, Italy, Finland, Ireland, Luxembourg, Sweden, Norway and Germany (Federal Criminal Police Office). A representative of Europol also attended. The steering group meeting was attended by representatives from Germany (Federal Criminal Police Office), the United Kingdom, France, the Netherlands and Europol. Representatives of 37 states attended the ARGOS conference.”

International Specialist Law Enforcement

As the IWG was meeting in Warsaw, organisations involved in the International Specialist Law Enforcement (ISLE) project were meeting in Rome, from 20 to 22 October. International Specialist Law Enforcement began life as an EU-funded project run by Belgium, Germany and the UK that sought to build “a network of [EU] Member State organisations that may develop coordination, cooperation and mutual understanding amongst law enforcement agencies using ‘specialist techniques’.” [6]

Although it appeared in mid-2013 that the project might have been discontinued, [7] the German government’s answers show otherwise.

The meeting was prepared, and the agenda drafted, by the German Federal Criminal Police Office and Europol. Including Germany, “members of mobile special mission units from 16 other EU Member States attended the ISLE meeting”.

According to the German government, “the agenda included the following points”:

“Future development of international cooperation in ISLE”
“Discussion on the possibilities provided by the Europol Platform for Experts (EPE)”
Workshops on using the EPE
Expert Meeting Against Right Wing Extremism (EMRE)

A meeting of the EU-funded EMRE project was held in Bonn, Germany, from 19 to 22 May, and was prepared by Germany’s BKA in cooperation with the Czech Republic and Hungary. Representatives from 25 EU Member States and Switzerland attended the event, which “centred around exchanging information on right-wing extremist and right-wing terrorist structures, right-wing events and Internet activities and their impact on the security situation in all European countries.”

On the agenda was:

“[A] lead-in presentation and presentations on the ‘Counter Terrorism Centre’ service unit in Hungary, a set of investigation files by the Czech Republic, the Joint Centre for Countering Right-Wing Extremism (Gemeinsames Abwehrzentrum Rechtsextremismus, GAR) by the Federal Criminal Police Office and the government exit programme for people seeking to leave the right-wing extremist scene in North Rhine-Westphalia.”

The interest of the German authorities in addressing right-wing extremism is notable, given the well-documented failure to deal with a series of racist murders carried out by the neo-Nazi National Socialist Underground between 2000 and 2007. [8]

Focal Point Dolphin and Europol’s data systems

Europol’s Focal Point Dolphin is part of the agency’s ‘Analysis Work File’ on counter-terrorism, although it also contains information on political activism. [9]

Two meetings were held during 2014 in relation to Dolphin, both at Europol’s headquarters in The Hague: one of the “target group BAZAAR” on 15 April, dealing with the financing of the PKK (Kurdistan Workers’ Party); and one from 12 to 14 November at a “Counter Terrorism Event”.

The April meeting focused on “coordination and comparison of the information available in Europe on the financing of the PKK.” The agenda items for FP Dolphin at the Counter Terrorism Event were: “Overview, EIS [Europol Information System] in CT [counter-terrorism] work, ERWED/RWE Ukraine [RWE presumably stands for right-wing extremism], TG BAZAAR status and Ops MED status.”

No German authorities attended the Counter Terrorism Event, but the Federal Criminal Police Office was present at the April meeting alongside representatives from Austria, Belgium, Denmark, the Netherlands, Spain, Switzerland, the United Kingdom and Europol.

During 2014, the German government “made 24 data deliveries” to FP Dolphin, a minute amount compared to the overall number of German entries into the Europol Information System. As of 4 October 2012, Germany was responsible for 24,199 items in the EIS; on 18 October 2013, 36,047 items; and 30 September 2014, 49,449 items.

According to the government’s response, “Germany is the second most frequent user of EIS,” and “conducted a total of 20,331 searches in the EIS in Q4 [fourth quarter] 2014.”

The EIS contained entries on a total of 259,359 objects and people, although it is not clear what point in time this number relates to. The data in the system “is used mainly in the following areas of Europol’s mandate: drugs trafficking (28%), theft (19%), illegal immigration (11%), counterfeiting (8%) and fraud (6%).”

The full response from the German government also contains responses to questions on the 2014 activities of:

the ‘TC LI Group’ of the European Telecommunications Standards Institute;
the Southeast European Law Enforcement Centre (SELEC);
“the platform for police from South East Europe ‘Police Equal Performance’ (PEP)”;
“twinning projects” between German authorities and other states;
the Baltic Sea Region Border Control Cooperation (BSRBCC);
agreements and cooperation between Europol and non-EU states and organisations;
agreements and cooperation between Frontex and non-EU states and organisations;
the EU Intelligence Analysis Centre (INTCEN);
EU training for police due to serve abroad in “crisis management” missions;
meetings of the United Nations Office on Drugs and Crime (UNODC);
the Police Working Group on Terrorism (PWGT);
the Global Counterterrorism Forum (GCTF); and
the European Expert Network on Terrorism Issues (EENeT).
Some significant information has come to light in recent years on undercover policing and the infilitration of protest movements. However, much remains unknown. The release of new information such as that obtained through the German Bundestag makes it possible to put together a picture of cross-border networks and their activities, but understanding in more detail their work – and holding state authorities to account for their actions – is far more difficult.

In the UK, the police appear to have tried to ‘move on’ from the scandal by renaming and re-organising undercover policing units, most recently establishing the National Domestic Extremism and Disorder Intelligence Unit. [10] Keeping track of the organisations, individuals and institutions involved – and what is known of their activities – can help to make clear the wider picture and what can be done about it.

Sources

Statewatch tracks developments in undercover policing; numerous articles can be found in our database
The Undercover Research Group recently published webpages containing further information on numerous aspects of the police infilitration of political movements in Europe, and will at some point launch a Wikipedia-style website on the issue
The Guardian’s Undercover blog has regular updates on developments, mainly focusing on the UK
The Bristling Badger blog frequently contains forensic examinations of issues related to the undercover policing scandal
Document

Minor Interpellation submitted by Member of the Bundestag Andrej Hunko and others and the Left Party parliamentary group, ‘Cooperation and projects by European police forces in 2014’, January 2015

Footnotes
[1] ‘Another secretive European police working group revealed as governments remain tight-lipped on other police networks and the activities of Mark Kennedy’, Statewatch News Online, August 2012
[2] ‘State guidelines for the exchange of undercover police officers revealed’, Statewatch News Online, May 2013
[3] Matthias Monroy, ‘Using false documents against “Euro-anarchists”: the exchange of Anglo-German undercover police highlights controversial police operations’, Statewatch Journal, vol 21 no 2, April-June 2011
[4] Campaign Opposing Police Surveillance; Police Spies Out of Lives
[5] Council of the European Union, ‘Council adopts the “European Investigation Order” directive’, press release, 14 March 2014 (pdf); European Investigation Order (pdf)
[6] ‘Another secretive European police working group revealed as governments remain tight-lipped on other police networks and the activities of Mark Kennedy’, Statewatch News Online, August 2012
[7] ‘Uncertain future for EU-funded police project aimed at enhancing covert surveillance techniques’, Statewatch News Online, July 2013
[8] ‘NSU Crime Spree Report Finds ‘Devastating’ Errors’, Spiegel Online, 23 August 2013
[9] Andrej Hunko, ‘Abolish international databases on anarchy!’, press release, 5 June 2012
[10] ‘Political Secret Police Units’, Bristling Badger, 5 February 2014

20.02.2015

Find this story at 20 February 2015

© Statewatch

In a Democracy Now! exclusive, we speak to environmental activist Eric McDavid, who has just been released from prison 10 years early after federal prosecutors acknowledged withholding key evidence about how he may have been entrapped by an FBI informant with whom he had fallen in love. In 2008, McDavid was sentenced to 19 years in prison for conspiring to bomb sites in California including the Nimbus Dam. Defense attorneys say he was entrapped by a teenage informant who went by the name “Anna” and supplied him with food, housing and bomb-making instructions, and pressured him into illegal activity. As part of a settlement reached in the case on Thursday, federal prosecutors acknowledged withholding key evidence, including an FBI request for the informant to undergo a lie-detector test. This damning detail about the government’s star witness was found in thousands of documents released after his trial, when his supporters filed a Freedom of Information Act request. In his first interview since his release, McDavid joins us from Sacramento along with his partner Jenny Esquivel, a member of the group Sacramento Prisoner Support. We are also joined by McDavid’s lawyer, Ben Rosenfeld, a civil rights attorney who specializes in cases dealing with police and FBI misconduct.

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

JUAN GONZÁLEZ: Just a week ago, our next guest was a federal prisoner, serving a 19-year sentence for “eco-terrorism” in what his supporters say was a case of FBI entrapment. Today, he’s a free man. In 2007, Eric McDavid was convicted of conspiring to bomb sites in California including the Nimbus Dam. But his attorneys say he was entrapped by a teenage informant who went by the name “Anna” and supplied him with food, housing and bomb-making instructions, and pressured him into illegal activity. Two others arrested in the plot testified against McDavid in a deal that led to lighter sentences.

AMY GOODMAN: For them. Well, as part of a settlement reached in the case on Thursday, federal prosecutors acknowledged withholding evidence in McDavid’s case, including an FBI request for the informant to undergo a lie-detector test. This damning detail about the government’s star witness was found in thousands of documents released after his trial, when his supporters filed a Freedom of Information Act request. During a hearing, federal judge Morrison England demanded to know how the prosecution failed to give potentially exculpatory evidence to the defense, saying, quote, “This is huge. This is something that needs to be dealt with,” the judge said. McDavid pleaded guilty to a conspiracy charge with a maximum five-year sentence. He had already served nine years in prison, and he was released.

Eric McDavid now joins us from Sacramento for his first interview since his release. With him, his partner Jenny Esquivel, a member of the group Sacramento Prisoner Support. And in San Francisco, we’re joined by Ben Rosenfeld, McDavid’s lawyer. He is a civil rights attorney who specializes in cases dealing with police and FBI misconduct. He’s also an advisory board member of the Civil Liberties Defense Center.

We welcome you all to Democracy Now! Eric, let’s begin with you. How does it feel to be free?

ERIC McDAVID: There is no definition to that. There’s no way to express that with, I don’t think, any language, definitely not the English language.

AMY GOODMAN: Explain what it is—

ERIC McDAVID: But it’s definitely beautiful to be with my family.

AMY GOODMAN: Explain what—how critical the information was that had you released.

ERIC McDAVID: I think that’s pretty obvious. And to tell you the truth, I think Ben could address that with a lot more clarity.

AMY GOODMAN: OK, Ben Rosenfeld in San Francisco, can you talk about what has taken place in this case? I mean, here you have Eric McDavid, who was supposed to serve 19 years in prison. He’s being released a decade early. Why?

BEN ROSENFELD: Eleven years early, actually. And this was about as egregious a case of entrapment as I’ve seen in my entire legal career. And I should point out, too, that what they’ve done to Eric, they visit a thousandfold on Muslims in this country, so it’s very important that we raise public awareness about this.

But in Eric’s case, in particular, a number of FOIA documents were turned over after the case was long concluded. And supporters started going through those documents, and they went, “Aha, this is stuff that should have been turned over to the defense that would have been absolutely critical to his defense.” It included evidence that the government had called urgently for a lie-detector examination of their informant and then inexplicably canceled it. There are indications that letters of a romantic nature that they had withheld from the defense were included in their files. But even the FOIA was the tip of the iceberg, because it pointed to or hinted at some of those documents, but didn’t include them. And we—as his lawyers, we incorporated that into his habeas claim, and the court showed interest in that. And ultimately, that set the table for his release, when the government was forced to admit that they had in fact withheld documents that should have been turned over to the defense.

JUAN GONZÁLEZ: Ben Rosenfeld, the informant in this case is a critical part of what happened here. In 2008, Elle magazine featured an article about how the FBI paid a young woman, known as “Anna,” to befriend activists and pressure them into illegal activity. It describes in detail her relationship with Eric McDavid and her role in the case against him. In an interview for the piece, Anna says when the group planned to blow up the Nimbus Dam, her role was to track down bomb recipes. She said, quote, “I go to the FBI with this and they said, Well, of course we’re not going to give you bomb recipes that actually work. So they gave me about half a dozen recipes that were all missing components.” Could you talk about the role of Anna? Because she supposedly was involved in gathering evidence as an informant against many activists in the environmental movement.

BEN ROSENFELD: Well, thank you. I want to point out first, there was never any plan to blow up the Nimbus Dam. There was actually never any plan to do anything. There was a lot of talk. And whatever plans there were, were 100 percent the FBI’s and Anna’s. I mean, this is a clear-cut case of entrapment. It’s a case of the government creating and then solving its own so-called conspiracy. The Nimbus Dam, if there was any agreement among the co-defendants in this case, it was specifically not to blow up the Nimbus Dam.

But, yes, Anna entrapped them by literally herding them together from around the country, by plying them with the matériel they needed, by sheltering them and providing them food and transportation, and literally gathering them back together and trying to keep them interested in her plans and her schemes. And each of them, for their own reasons, was trying to please and placate her. It was a lot of talk. It was no action. Nothing was ever done. Nothing was ever agreed upon. Certainly, nothing was ever blown up.

AMY GOODMAN: So, if you could talk about the case, Jenny, why you got involved, with Sacramento Prisoner Support, Jenny Esquivel, and how you applied for this information under the Freedom of Information Act?

JENNY ESQUIVEL: Sure. I came to Sacramento immediately after Eric was arrested. He and I were partners right before he got arrested. And so, I came here just to be closer to him and do support work for him, and that’s how I originally got involved in Sacramento Prisoner Support.

As far as the FOIA goes, you know, Mark Reichel, Eric’s original attorney for trial, filed a FOIA request before Eric’s trial in 2007. And at the time, the FBI responded, saying that they had no records responsive to our request, which was interesting. Also, clearly, it was a lie, as at that time we had thousands of pages of discovery that the government had turned over to us for trial. So, we were pretty busy, obviously, at that point in time with trial, also trying to support Eric while he was on hunger strike, trying to get vegan food at the Sacramento County Main Jail. And so, we just didn’t really have time to follow through on that or pursue it, even though we knew that they clearly did have records responsive to our request. So, after Eric was convicted and sentenced in 2008, we filed another Freedom of Information Act request, and about a year and a half later, we started finally receiving records that were responsive to that request. And at that time, we received three or four different packages of documents equaling about 2,500 pages. One other interesting thing about that, though, is that the government admitted to not handing over almost 900 more pages of information. And we still haven’t seen those documents. We still don’t know what’s in those documents, and perhaps, unfortunately, never will.

JUAN GONZÁLEZ: Eric McDavid, can you talk about your reaction when you discovered that this Anna, the informant, was an informant and had been taping conversations, the very person who was trying to instigate activity among you and other activists? And your reaction to her testimony in court?

ERIC McDAVID: Well, initially, to your first question, it was as I was sitting on the back of the car and I heard the locks click all the way around on the automatic lock of the vehicle that she was sitting in, while she was talking on the phone, as about eight—I don’t know, eight to 10 different vehicles pulled screeching up in front of me with JTTF hopping out, AR-15s, everybody all ready to roll. So, I mean, that’s—that was the first when it clicked. So it wasn’t—I had a whole bunch on my mind at the time, so it wasn’t really a predominant or a huge thought.

During trial, that part, after—because I had read a whole bunch of the discovery, and we’d gone over transcripts and everything. And it was difficult to see, definitely, but—I don’t know. It was definitely hard to see. I mean, that part was definitely one of the more harder rides of the whole trial.

AMY GOODMAN: This is an excerpt—

ERIC McDAVID: After—

AMY GOODMAN: I wanted to go to an excerpt of an exchange between, well, the woman who calls herself Anna—and for folks who are listening on the radio, we’re also showing pictures of her; she was featured, as we said, in Elle magazine—the exchange between Anna and Eric McDavid and another activist, Lauren Weiner, when they were in the cabin allegedly planning to bomb the Nimbus Dam. Anna says, “Tomorrow, what are we planning on doing tomorrow? Are we still planning on doing anything tomorrow? Or should I just stop talking about plans?” Eric McDavid says, “Hmmm.” Weiner says, “I would love it if you stopped talking.” Anna says, “I would love it if you guys followed a plan! How about that!” Ben Rosenfeld, what is the significance of this back-and-forth?

BEN ROSENFELD: The significance of that back-and-forth is that it really illustrates 100 percent a case of egregious and grotesque entrapment by the government. Anna literally called them names and threw fits when they didn’t show enough enthusiasm for her plans. And I think that excerpt illustrates that perfectly.

You know, for—and—and I would also point out that right now the government wants to skate away on the claim that this was purely a mistake or inadvertent, on the back of a press office statement. And whether it was a mistake or it was malfeasance or it was malevolence to withhold these documents, they really owe it to Eric, and they owe it to the public, to come up with a much more detailed explanation about how this could have happened. I mean, you know, the deck is completely stacked in their favor. I mean, the job of the defense, in essence, is to go fishing in their deck to ask, “Do you have anything?” And if you’re told they don’t have anything, you’re stuck with that answer, and sometimes for a long time and sometimes forever—in Eric’s case, for nine years of wrongful incarceration.

JUAN GONZÁLEZ: But, Ben, in this situation where prosecutors clearly, deliberately withhold evidence, possibly exculpatory evidence—I’ve seen so many of these cases over the years—isn’t it the responsibility, to some degree, of the judge to insist that an investigation be conducted, because the trial itself was so tainted as a result of these actions of the prosecutors?

BEN ROSENFELD: We’d certainly like to see the judge do that. We’d like to see the judiciary take that up. And there’s some indications by Ninth Circuit judges that they are very concerned about a potential epidemic of Brady violations. Brady is the Supreme Court case that speaks to the withholding of documents. I would point out, too, that from a legal standpoint it doesn’t matter whether it was inadvertent or deliberate. If they withheld documents which were helpful to the defense—in this case, documents showing that there was a romantic interest by Eric, a correspondence between Eric and Anna that the prosecutors held back, and a reciprocation by Anna—that’s good enough to satisfy that constitutional standard and to win release. It should be, but it’s very rare that it happens. And you can see that it takes years and years and years to correct a mistake which should have been corrected a long time ago. And there are a lot of people behind bars who may never get that chance.

AMY GOODMAN: The 2008 Elle article about the Eric McDavid case quotes a juror named Diane Bennett, who was tracked down by the reporter after the trial. Bennett said, quote, “I’ve been bothered by this ever since that day. … [T]he FBI was an embarrassment. … I hope he gets a new trial. I’m not happy with the one he got.” Diane Bennett added, the foreman had “teared up” when he delivered the guilty verdict. She said the judge’s instructions were confusing, but, quote, “People were tired. … We wanted to go home.” Can you talk about the significance of this, Ben Rosenfeld?

BEN ROSENFELD: Well, and she said that so long ago, and it just goes to show how long you can live in this Kafkaesque nightmare, where the government has engaged in total misconduct and the court, perhaps, has abdicated a responsibility to oversee this or maybe is hoodwinked along with the defense because of the overly trusting role and excessive trust that it places sometimes in the government and the prosecutor. I mean, in court on January 8th, the day that Eric walked free, I’ve never seen so many fireworks. And the judge really grilled the prosecutors, and he showed a lot of—a lot of personal pique and interest in getting to the bottom of this. And I really hope that he or somebody does follow up.

AMY GOODMAN: Can you—could you explain the deal that was struck at the end, though?

BEN ROSENFELD: Yeah. You know, Eric had to plead to a simple or general conspiracy count with a maximum penalty of five years. The judge vacated the original conviction and sentence of 20 years on a different charge. So the government extracts its pound of flesh. That’s probably as much justice as you’re going to get out of the Department of Just—Injustice in a case like this. Eric had to waive all civil claims, going forward.

But he’s here now, and we’re extremely grateful for that and for everybody that made that possible and, I will say, too, the team of U.S. attorneys at the end of the case, who behaved extremely honorably and professionally in taking a fresh look at this and enabling that to happen, too. But it took a collaboration of a lot of people to end this nightmare. And there are a lot of people left in prison who are the victims of this kind of government malfeasance also, and there needs to be an inquiry.

JUAN GONZÁLEZ: And, Eric, could you talk, in the about a minute and a half we have left, of your time in prison? Did you expect at some point to be able to get out and to have this nightmare behind you?

ERIC McDAVID: I had a buddy at the medium-security prison where I was first held who always challenged me in keeping my mind open and keeping my heart open and making sure that I was ready for anything. And given the intensity of that environment, it definitely helped me to adapt to that whole situation. But he was always—every other week or every other day, he’d hit me up: “You ready to go home? You ready to go home?” I’m like, “Yes, I’m ready to go home.” And he’s like, “All right, so here’s the situation how you’re going to go home. Tell me how you’re going to do it.” And so, that part was always kept alive. And the amount of support that I got from folks has just—it’s blown my heart open every day and every moment that I’ve been—that I was away from my friends and family and my loved ones.

AMY GOODMAN: And, Eric, did you meet other people behind bars who you felt were entrapped like you were?

ERIC McDAVID: There is so many people that either are entrapped in the same way or pressured into taking a sentence because they’re threatened with 60, 70 years of prison, and they have to do the 15, or they have to do the 17, or even 20, because otherwise they’re going to spend the rest of their life back there. That was time and time again.

AMY GOODMAN: Well, Eric McDavid, we want to thank you for being with us. Congratulations on your release. He was released from prison Thursday, less than a week after federal prosecutors [acknowledged withholding] key evidence in the 2008 trial that led to his conviction on eco-terrorism charges. Jenny Esquivel, member of the Sacramento Prisoner Support, also Eric McDavid’s partner. And thanks to Ben Rosenfeld, joining us from San Francisco, the civil rights attorney who specializes in cases dealing with police and FBI misconduct, the attorney for Eric McDavid.

WEDNESDAY, JANUARY 14, 2015

Find this story at 14 January 2015

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In the case of Eric McDavid, alleged to be ring-leader of eco-terrorist cell, ‘game-changing’ documents seen exclusively by the Guardian show informant may have entrapped him

On the surface, she blended in very well. With a skull tattooed on her shoulder, a black-and-white keffiyeh around her neck, a shock of bright pink hair and her standard-issue dress of camouflage skirt and heavy boots, the energetic 17-year-old looked every bit the radical eco-activist she worked so hard to imitate.

But “Anna”, as she called herself, was no ordinary eco-protester. Really, she wasn’t one at all. She was an FBI informant under instructions to infiltrate fringe green groups and anti-capitalist networks and report back on their activities to the US government.

Now “Anna”, in her role at the center of a high-profile prosecution of alleged eco-terrorists in 2006-7, has been put under the spotlight following the embarrassing admission by the US Department of Justice that it failed to disclose crucial documents to defence attorneys at trial.

On Thursday, Eric McDavid, a radical green activist aged 37, was allowed to walk free after having served nine years of a 19-year federal prison sentence. Prosecutors had alleged that he was the ringleader in a small cell of eco-terrorists connected to the Earth Liberation Front (ELF) conspiring to bomb the Nimbus Dam in California, cellphone towers, science labs and other targets.

Last week’s dramatic scenes in a courtroom in Sacramento, California, have focused attention on the FBI’s use of undercover informants and prompted claims that the agency lured unsuspecting activists into criminal activity through blatant entrapment.

But last November, the US attorney’s office in the eastern district of California admitted that it had “inadvertently” failed to disclose numerous documents that went to the very heart of the case. Crucially, those previously undisclosed files included correspondence between “Anna” and McDavid that suggests that, far from being the neutral intelligence-gatherer portrayed by prosecutors, she might have entrapped her prey by encouraging him to behave conspiratorially in the hope of romantic fulfilment.

‘I think you and I could be great’
Among the files are a letter and 10 emails written by McDavid to the teenaged woman he thought at the time to be his friend, peer and potential sexual partner. The writings have been seen by the Guardian and extracts of them are published here for the first time.

In the letter, McDavid declared his love for “Anna”, though he coyly added that he was not sure whether his feelings for her amounted to “just infatuation, a crush, or whatever box anybody has for this emotion”. Scrawled diagonally across the page in spindly script, his words expressed the trepidation of someone unused to venting openly his emotions. He feared that unless he shared his feelings, they would “eat me from the inside out”.

“I hope that my forwardness w/expressing all this doesn’t scare the shit out of u,” he wrote, “cause I know if I got this letter I’d probably trip out a bit, to say the least …” Having opened his heart, he blurted out with palpable relief: “Fuck that feels soooooo much better.”

At McDavid’s 2006 trial, his defence team presented evidence to the jury that McDavid had fallen in love with the woman who would turn out to be his downfall. What wasn’t known at that time, and what is revealed by the newly disclosed documents, was that “Anna”, in her guise as a fellow radical, clearly reciprocated.

In an email dated 27 June 2005, six months before McDavid’s arrest, “Anna” responded explicitly to his previous amorous advances. She said: “I think you and I could be great, but we have LOTS of little kinks to work out.” She went on to say: “I hope in Indiana we can spend more quality time together, and really chat about life and our things.”

The tone of romantic encouragement in the email had an immediate impact on McDavid. He replied three days later, using the ungrammatical language of texting: “hey cheeka, so far as us B’n great, that i think is an understatement… along w/the ‘LOTS of little kinks 2 wk out’… but if u aint learning, u aint live’n… & I do think we could learn a lot from each other.”

In subsequent emails, McDavid continued to express his feelings for her, sending her “big hugs” and saying “miss you much”. Only one of “Anna’s” replies to McDavid is included among the new batch of documents disclosed after so many years. In it she wrote intimately about her hairstyle: “I took out the braids. : ( They were hurting my head SO BADLY by the last night in philly that I was just getting pissy. I’ll do it again, but I think I want the loose pink hair, like I told you about; and I can DIY that. But pain isn’t worth that much – besides, identity is so fluid… but that’s another convo, hopefully for IN. : )”

The tone is almost flirtatious. McDavid evidently took it to be such, because he replied: “sad & glad 2 hear about the braids, glad 2 hear they Rn’t hurting u’r head anymore, sad 2 c them gone… they were pretty damn cute, & that princess laya thing was 2 hot (inside shiver)”.

McDavid’s treatment: ‘not fair’ or an ‘inadvertent mistake’?
Eric McDavid walks out of the Federal Courthouse in Sacramento after being released from prison
The judge in McDavid’s case expressed astonishment and dismay that game-changing documents had not been shown at 2007 trial, adding McDavid’s treatment was ‘not fair’. Photograph: Jose Luis Villegas/AP
It took McDavid’s defence team and his large band of devoted supporters seven years after he was sentenced to extract from the Justice Department those 11 precious documents. They were finally released on 6 November last year, fully two years after reference was made to their existence in a court declaration by “Anna’s” FBI handler, special agent Nasson Walker. That two-year delay alone belies the assurance made by the US attorney’s office in Sacramento to the New York Times after last week’s hearing that “the documents were produced to the defendant promptly after their discovery.”

At the hearing, federal judge Morrison England expressed astonishment and dismay that such game-changing documents had not been shown to the defence at the 10-day trial over which he had presided in 2007. “I’ve never heard or seen anything like this,” he said, adding that McDavid’s treatment was “not fair”.

The judge demanded to be told how such a flagrant breach of disclosure – under the 14th amendment of the US constitution, the prosecution must turn over potentially exculpatory evidence to the defence – could have occurred: “This is huge. This is something that needs to be dealt with, and I want to know what happened.”

McDavid’s current lawyers, Mark Vermeulen and Ben Rosenfeld, said the documents they battled for years to wrestle from US prosecutors would have transformed the trial had they been available at the time. “If the defence had the evidence it has now – that ‘Anna’ encouraged Eric’s romantic advances, leading him to believe that sexual fulfilment would be conditional on him following her plans – that would have confirmed in the jury’s mind that she entrapped him. He would have been acquitted, it’s as simple as that,” Rosenfeld told the Guardian.

If the defence had the evidence it has now … He would have been acquitted, it’s as simple as that.
Ben Rosenfeld
The Justice Department continues to insist it was all an “inadvertent” mistake. But that narrative does not cut it for McDavid’s legal team and supporters. “They took nine years of Eric’s life away from him and they shouldn’t be able to gloss over that with a press release – there needs to be a detailed explanation,” Rosenfeld said.

Concerns raised by the McDavid case about the use of undercover informants will resonate today given the FBI’s continued reliance upon infiltration as a major plank of its counter-terrorism strategy. Its paid moles, especially those planted within Muslim communities in the wake of 9/11, are regularly accused of crossing the line from observation into entrapment.

Rosenfeld said that McDavid’s story was a warning for today’s justice system: “When people see the TV news and hear of the latest foiled terrorist outrage they think ‘Wow! The FBI is so good at its job.’ But so many of these apparent plots are complete inventions of the government in the first place – they are creating and then solving their own conspiracies.”

‘I wanted to get a conversation going with everyone’
Throughout almost a decade of legal wrangling over the McDavid case, the mysterious “Anna” has been a constant factor. In her only known interview, for a 2008 article in Elle magazine, she posed for photographs in her normal outfit of jeans, T-shirt and suede jacket, her hair by then faded from lurid pink to its natural brown.

She told the magazine that 9/11 had motivated her to engage in counter-intelligence. A year after the attacks, when she was just 15, she contacted the Militarywomen.org website to inquire about enlisting in the army.

At a community college night class in Miami she tried to impress her professor by sneaking into a meeting of anti-free trade protesters for what she called “anthropological observation”. The report she presented to class so struck a police officer who was also taking the course that he passed her details to the Miami police department, which in turn quickly recommended her to the FBI.

Within months, she was going undercover among protesters at the G8 summit of leading economic powers in Atlanta. Over the next two years she was given more than 10 federal assignments, including infiltrating protest groups at the Democratic and Republican National Conventions in Boston and New York respectively, and delving into the world of radical environmental activism.

At the G8 she met an anarchist named Zach Jenson, and through him fellow eco-activists Lauren Weiner and McDavid who she first met in 2004. All three were eventually arrested, though Jenson and Weiner cut a deal with prosecutors in which they gave evidence against their co-defendant in exchange for a lesser sentence.

“Anna” told the jury at McDavid’s trial that she had been scrupulously impartial, sticking closely to legal guidelines for informants that forbade her from playing a leadership position in the group or from pushing anybody to do anything. Yet under cross-examination, she described some of the proactive steps she took to bring the “cell” together.

She bought plane tickets for Weiner to fly her to McDavid’s house for a group meeting. “I wanted to get a conversation going between everyone,” she said.

Later, she drove Weiner and Jenson across the country to meet McDavid, using a ’96 Chevrolet paid for by the FBI and kitted out with recording equipment. When Weiner showed signs of losing enthusiasm for the project, “Anna” sent her an email saying: “There’s no going back … I don’t want to be dilly-dallying around forever, which I know I could do and fall into that trap but I want to avoid you doing that too.”

In email correspondence that is included in the newly disclosed documents seen by the Guardian, “Anna” wrote to Weiner in September 2005, telling her “I’ve made some more contacts in Philly, esp with the animal liberation movement, which I’d like to bring you and the rest of teh (sic) crew more into. I already talked a little bit about it with [McDavid] – we could make a big difference on multiple fronts.”

In a later email, also to Weiner, she said: “I’d love to start helping you and the rest of the Philly kids in whatever your hearts find to do.”

The FBI also paid for a cabin in Dutch Flat, California, heavily rigged with surveillance devices, where “Anna” assembled the group, telling them she had earned the rent money working as a dancer-cum-escort. There she presented the others with a “burn book” containing six recipes for concocting firebombs, though she told the jury the devices were designed by the FBI to be duds.

‘The government owes it to Eric – to tell the truth’
As these final planning meetings for a potential attack on a science lab were taking place, the FBI appeared to grow jittery about an operation that depended entirely on “Anna”. In November 2005, just weeks before the three activists were arrested at the cabin, a formal request was made to subject her to a lie-detector test.

The request form says the purpose of the polygraph would be to “confirm veracity of [“Anna’s”] reporting prior to the expenditure of substantial efforts and money based on source’s reporting.”

The polygraph was disclosed to McDavid’s defence team under freedom of information laws in 2012, five years after the trial. A small, but potentially significant, footnote to the request form reveals that a senior federal prosecutor (AUSA) approved the test, though the identity of the official is redacted on grounds of “personal privacy”.

The emergence of the polygraph test, and of the romantically tinged correspondence, has incensed Mark Reichel who acted as McDavid’s lawyer at trial. He tried to mount an entrapment defence, having been told by his client of “Anna’s” amorous behaviour, but was ultimately stymied by lack of evidence.

Before the trial began Reichel filed a motion to dismiss the case on grounds of an improper romance between informant and defendant. In it, he accused “Anna” of having “encouraged and urged him on, to write love letters and emails to her”. The US government’s response to the motion left no room for doubt: “The defendant’s claim of a romantic relationship between him and the informant is categorically untrue”.

I demanded to see the love letters before the trial, but the government told me they didn’t exist
Mark Reichel
“I demanded to see the love letters before the trial, but the government told me they didn’t exist,” Reichel said. “They wanted the world to see they had captured a member of ELF. He was innocent, they knew that, but they couldn’t let it be seen.”

The revelation of the newly disclosed documents is likely to prompt a flurry of litigation. Jeffrey Weiner, Lauren Weiner’s attorney (and cousin), told the Guardian that he was considering legal action to have her federal conviction lifted.

He said that “Anna” had encouraged a strong and intimate personal relationship with Lauren that was “so intense and continuous she literally took over Lauren’s will. ‘Anna’ chose the most gullible people that she could find and stopped at nothing to persuade them to commit criminal acts. I’m not saying my client did nothing, but her crime was created by the US government.”

For McDavid, too, this story is not at an end. As part of his release deal, he pleaded guilty to a single conspiracy charge with a terrorism enhancement attached, meaning that although he is a free man he will continue to labour under the stigma of a serious federal conviction.

Nor is the full extent of the official deception yet known. In 2010 the Justice Department released 2,500 pages relating to the case under freedom of information rules, but it refused to hand over a further 900 pages. What nuggets of information those pages contain, particularly among “Anna’s” replies to McDavid’s emails – most of which remain hidden – only the US government knows.

McDavid’s current partner, Jenny Esquivel, who has been a leading member of his support group, said she feared the remaining documents would never see the light of day. “The government keeps trying to frame this as a mistake, but they are the only people who knows what happened and they owe it to the American people – and to Eric – to tell the truth.”

She said that in the five days of freedom he has enjoyed, McDavid has revelled in being reunited with his family and spending time with his two nieces, both of whom were born while he was in prison. “The girls were overjoyed when they heard the news that he was coming home. It was almost impossible to pull them away from him while they were here,” she said.

Amid his joy, McDavid hasn’t lost sight, Esquivel said, of those who remain in the clutches of FBI entrapment. “The travesty is that so many people are dealing right now with exactly the same problem. Hundreds are serving decades in prison for crimes that never happened.”

Ed Pilkington in New York
@edpilkington
Tuesday 13 January 2015 20.01 GMT Last modified on Tuesday 13 January 2015 23.50 GMT

Find this story at 13 January 2015

© 2015 Guardian News and Media Limited

Eric McDavid sentenced to nearly 20 years in 2007 for conspiring to bomb one or more targets including electric power stations and cellphone towers
Eric McDavid.

Eric McDavid, who the US government has considered an eco-terrorist since 2007, was released on Thursday night after a judge determined that important documents related to his case had been filed away in an FBI office.

The government handed over thousands of pages of documents – including love notes from from McDavid to an informant – as part of a trial this week in Sacramento, California.

“I’ve never heard or seen of anything like this,” said US district judge Morrison England, the same man who sentenced McDavid in 2007. England ordered McDavid be released and asked to be given information showing how such evidence was hidden.

“I know [McDavid is] not necessarily a choirboy, but he doesn’t deserve to go through this, either,” England told the Sacramento Bee. “It’s not fair.”

McDavid, 37, was three days away from having spent nine years in prison. As part of the agreement, McDavid pleaded guilty to a single conspiracy count and was released with time served.

His lawyers say he was entrapped by an FBI informant – “Anna” – the recipient of the love notes which were hidden away in the FBI office. She was named in the trial and was the subject of a feature in Elle magazine. McDavid’s supporters say she encouraged him to engage in violent acts against the government while suggesting future romantic encounters.

McDavid was arrested in January 2006, and sentenced to nearly 20 years in federal prison in September 2007. He was convicted of conspiring to bomb one or more targets including electric power stations, California’s Nimbus Dam, cell phone towers and the United States Forest Service Institute of Forest Genetics.

A September 2007 release from the FBI said he and two others, in the presence of “a confidential source”, met at his parents’ house, purchased a book with instructions on how to make homemade bombs, and bought the necessary supplies.

McDavid’s lawyers had been searching for more evidence, but did not receive confirmation from the government about the existence of the hidden documents until recently.

It is not yet clear why the documents sat in the Sacramento FBI office as McDavid served his sentence in a prison near Los Angeles.

“We don’t know exactly why they weren’t turned over,” the chief of the US attorney’s criminal division, John Vincent, told the court.

The US attorney’s office in the Eastern District of California acknowledged that the government’s failure to produce the documents is grounds for a retrial, but both sides agreed to the deal without a retrial to avoid further possible litigation on both sides.

“As the United States stated at the hearing, the nondisclosure was inadvertent, and the documents were produced to the defendant promptly after their discovery,” the office said in a statement.

Soon after England reached his decision, McDavid left a federal building in Sacramento and was met by his parents, sister and girlfriend.

“We are thrilled beyond word that Eric is coming home to us after nine years in prison,” Eric’s mother, Eileen McDavid, said in a statement on behalf of the family.

“We never stopped believing he was wrongly accused. Blessing to all those who made his early release possible.”

Amanda Holpuch in Washington
Friday 9 January 2015 15.35 GMT Last modified on Friday 9 January 2015 23.53 GMT

Find this story at 9 January 2015

© 2015 Guardian News and Media Limited

An extraordinary thing happened last month: US prosecutors admitted the government messed up.

Well, technically they admitted that a judge could conceivably decide that the government might have possibly messed up enough to warrant a new trial. But still.

As part of a unusual deal brokered between his defense team and chagrined US attorneys, Eric McDavid, who in 2007 was sentenced to nearly 20 years in prison on domestic terrorism charges, walked free on January 8 after the government told a judge it had “inadvertently” failed to hand over thousands of pages of FBI documents to his defense counsel in his original trial.

McDavid, 37, served three days short of nine years in custody before US District Judge Morrison England agreed to reduce his sentence to a lone count of conspiracy and released him on time served.

“This is one of the most unusual things I’ve had to deal with, if not the most unusual, since I started on the bench in 1996 and on this court since 2002,” England said, according to court transcripts. “I’ve never heard or seen of anything like this.”

As part of his deal, McDavid waived his right to sue the government. He is now a free man, but the conclusion of his case is an embarrassing coda to the Bush-era surveillance of radical environmentalists and anti-capitalists in the years following the 9/11 attacks.

McDavid and two other radical environmentalists, Zach Jenson and Lauren Weiner, were convicted in 2007 of conspiring to blow up a dam, cellphone towers, and a US Forest Service lab after a paid FBI informant—an unassuming 18-year-old known only as “Anna”—infiltrated their group, egged them on, and exposed them.

That would have likely been the end of McDavid’s story, but a Freedom of Information Act (FOIA) request by two of his supporters dredged up nearly 2,500 pages of FBI documents that prosecutors had previously insisted did not exist.

The tranche of files led the US attorneys office in Sacramento to turn over even more documents that it had—according to a letter to McDavid’s lawyers—”inadvertently not disclosed during discovery.” Among the documents were flirty notes between McDavid and Anna, as well as a request from an FBI agent for a polygraph exam on Anna to test the veracity of her statements. All of which McDavid’s attorneys say would have been crucial in bolstering McDavid’s entrapment defense.

“It’s somewhere along the continuum of mistake, malfeasance, and malevolence.”

“[Anna] fomented the alleged conspiracy, literally herding defendants together from around the country for meetings, badgering them to form a plan, and mocking and berating them when they showed disinterest,” McDavid’s lawyers Ben Rosenfeld and Mark Vermeulen wrote in a motion last year.

The Sacramento Bee described England, who presided over McDavid’s original ten-day trial, as “clearly exasperated” and “sometimes stopping to hold his head in his left hand” during last month’s hearing.

“I know he’s not necessarily a choirboy, but he doesn’t deserve to go through this, either,” England said. “It’s not fair.”

Prosecutors and top brass from the US Attorney’s office, none of whom were involved in the original trial, had little to offer for explanation.

“We don’t know exactly why they weren’t turned over,” John Vincent, chief of the US Attorney’s criminal division, told England. According to the US Attorney’s office, the documents were sitting in an FBI file in Sacramento.

In a statement released following the hearing, the US Attorney’s Office of Eastern California said that “although those documents do not directly bear upon whether the defendant committed the underlying acts… the United States agreed that it is conceivable that a court could conclude that the failure to produce them required a retrial.”

This is a master class in ass-covering, impressive even by government standards. Note how it starts by reaffirming McDavid’s guilt, and then avoids admitting any wrongdoing by saying that the government agreed, in its great magnanimity, that others might come to the conclusion that it had seriously screwed the pooch

Some prosecutors were a bit more forthright.

“We absolutely admit that we made a mistake, but there was no deliberate, knowing withholding of any documents,” said First Assistant US Attorney Philip A. Ferrari in January.

But the notion that the FBI and prosecutors simply misplaced thousands of pages of documents from a highly touted anti-terror investigation and then rediscovered them years later is hard to swallow for many who watched McDavid’s case unfold.

“It’s somewhere along the continuum of mistake, malfeasance, and malevolence,” McDavid’s lawyer Rosenfeld said in a phone interview. “The point is that only the government can explain what level of mistake this was, and the public should demand that explanation.”

In an interview, Will Potter, an independent journalist who has written extensively about the government’s surveillance of radical environmental groups, called the government’s claim that it accidentally failed to hand over the documents “complete nonsense.”

“The FBI and prosecutors have been intimately aware of how many boundaries have been pushed and crossed along the way, and they’ve relentlessly defended it,” Potter said. “Jurors came afterward and said they thought they were misled. In recordings, the court heard [Anna] constantly berating McDavid for not taking action. Every step of the way the government pushed and pushed to get the conviction at any cost.”

The Green Scare

McDavid first met Anna in 2004 at an invitation-only anarchist gathering in Des Moines, Iowa. It was a heady time for both radical leftists and federal law enforcement, which had been given broad discretion and nearly unlimited resources to root out terrorism threats. Love was in the air.

McDavid, 26 at the time, was an on-again, off-again college student from Auburn, California, with a muddled interest in anarchism and environmentalism.

Anna was a no-nonsense girl with pink hair, a short camo skirt, and a keffiyeh around her neck. She told McDavid she had hitchhiked to the gathering. In reality, she had flown out on the FBI’s dime.

She had gotten a taste for informant work after infiltrating an anti-globalization protest group for a paper for her community college class. Impressed by her initiative, a police officer in her class put her in touch with the Miami Police Department, which in turn referred her to the FBI. In a flattering 2008 profile in Elle magazine, Anna said she was a patriotic hawk who wanted to do something for her country after 9/11.

She was a godsend for the FBI. Radicals seemed to be able to sniff out professional undercover officers before they even stepped through the door. But Anna was a natural—quick-thinking, reliable, and able to move through activist circles with ease. She didn’t walk like a cop or otherwise exude cop-ness.

McDavid didn’t know it when he first laid his smitten eyes on Anna in Iowa, but he had just been snared in what activists would later dub the “green scare,” an allusion to the anti-communist red scare of the 1950s.

“The only reason they got on the radar was because they had a political viewpoint,” Mark Reichel, McDavid’s lawyer at his original trial, said in an interview. “At the same time, the head of the Justice Department was testifying before Congress, saying, ‘No, we don’t do that. We don’t spy on people because of political reasons.'”

Indeed, here’s former FBI director Robert Mueller speaking at a press conference announcing the 2006 indictment of 11 “eco-terrorists” responsible for an estimated $80 million in property damages: “The FBI becomes involved, as it did in this case, only when volatile talk crosses the line into violence and criminal activity.”

This is a key point in McDavid’s entrapment defense. Contrary to Mueller’s reassurances, McDavid and Jenson’s rhetoric when Anna first met them in ’04 was about as violent as the average Rage Against the Machine album.

Anna caught up with McDavid again in ’05 in Philadelphia, where he was staying with two friends, Jenson and Weiner. Anna reported back to the FBI that McDavid had become thoroughly radicalized since their first meeting.

Anna’s FBI handlers put her on McDavid, Jenson, and Weiner full-time and outfitted her with the finest in spy gear: a bugged ’96 Chevy Lumina that she used to drive the group around. The FBI also provided Anna with a small cabin in the Sierra Nevada foothills that was to act as the quartet’s base of operations. She paid for groceries and even doled out spending money to the group, sometimes in $100 bills. She wasn’t old enough to buy beer yet, but Anna was passing along fake bomb recipes from the FBI to the trio.

Anna’s recordings of late-night bull sessions showed the trio talking about bombing targets like cell phone towers and fish hatcheries. Later in court, the three activists would try to play off the conversations as purely hypothetical, the musings of some stoned anarchists with delusions of grandeur.

“Anarchists usually just talk shit,” Jenson said in a 2012 Outside story on the case, “but they never really do that much.”

In court, the bumbling anarchists became cold, calculating terrorists.

But one day, the group drove to a Kmart in Auburn to pick up ingredients for a bomb test. McDavid was sitting on the back of Anna’s car in the parking lot, waiting for Jenson and Weiner to return, when he heard the automatic locks on the car doors click shut. He looked in. Anna was on her cell phone. Moments later, black SUVs screeched into the parking lot, and he was surrounded by heavily armed agents from the Joint Terrorism Task Force. In an interview with Democracy Now!—his first after being released from prison—McDavid said that that was the moment he realized Anna was a snitch.

McDavid, Jenson, and Weiner were charged with conspiracy based on their recorded conversations, their purchase of a book that included bomb-making instructions, their scouting of potential targets, and their purchase of bomb-making materials at Kmart.

For the government’s prosecution of radical environmentalists, Potter said that the McDavid case “represented a turning point in a couple of ways.

“Around September 11, the actions by the radical environmental movement had really subsided significantly,” Potter said. “There were not a lot of crimes by the Animal Liberation Front or Earth Liberation Front. There were very heavy prosecutions of a few cases, but the climate as a whole, there wasn’t a lot happening. The McDavid case represented a shift. They manufactured terrorism plots, and that’s precisely what McDavid’s case was all about.”

The Trial

In court, the bumbling anarchists became cold, calculating terrorists. US Attorney McGregor Scott claimed the group’s plot to bomb the Nimbus dam, had it not been thwarted by Anna, would have made “what happened in New Orleans after Hurricane Katrina look like a Sunday pancake breakfast.” (A spokesman for the dam later said that blowing up the gates would just cause water to “trickle” down the American and Sacramento rivers.)

Anna testified that she woke up in the cabin one night with McDavid looming above her holding an eight-inch hunting knife. Meanwhile, Jenson and Weiner both flipped and agreed to testify against McDavid in return for lighter sentences. Years later, Jenson would provide McDavid’s lawyer with a sworn declaration saying he was pressured to contort his testimony to agree with the government’s version of events.

“I became very aware that if I did not testify to the facts that the government felt occurred, which I did not believe occurred, that my plea bargain would be taken away and I would be charged with the major federal charge and would very likely receive a 20-year sentence,” Jenson said. “This was a lot of pressure for me to handle.”

The jury also received confusing, sometimes contradictory instructions. They were told entrapment required a government “agent,” and Judge England told the jurors from the bench that Anna was an agent, but then later sent a written note to the jury that she was not one.

The jury was also told, when considering McDavid’s predisposition for violence, to limit the timeframe to June 2005 and onward, not from when Anna first began reporting on him in 2004.

Of the 12 jurors, ten would later go on the record to various publications expressing serious doubts about the government’s case against McDavid. “I hope he gets a new trial,” Diane Bennett, one of the jurors, told Elle in 2008. “I’m not happy with the one he got.”

England sentenced McDavid to 235 months in prison on an enhanced terrorism charge. He spent the first 28 months of his sentence in solitary confinement. Jenson and Weiner served six months and two weeks in prison, respectively. Anna consulted for the FBI for a bit longer before giving up the spy game and trying to move on with her life.

But perhaps more interesting than the vagaries of the case is what never made it to the jury’s ears. During the trial, Reichel filed dozens of motions to suppress, dismiss, and otherwise muck up the government’s case against McDavid. Among those were numerous motions for discovery for the FBI files on McDavid and Anna.

“The hell that we had been through for so long, we knew we had to pursue it, but it was like, ‘God, is this even going to work?'”

“The FBI filed responses in writing saying none of this stuff exists. No cell phone records, no polygraphs, no internal FBI reports, no letters,” Reichel said. “So I did a FOIA and it came back with not much, maybe 20 pages, items of discovery I already had.”

Reichel also filed a motion to dismiss the case based on McDavid’s infatuation with Anna. The prosecution’s response to Reichel’s motion: “The defendant’s claim of a romantic relationship between him and the informant is categorically untrue.”

“I Think You and I Could Be Great”

McDavid lost an appeal before the Ninth Circuit, and the Supreme Court refused to hear his case. He would have languished in prison for the rest of his long sentence had it not been for the dogged work of two of his supporters, Jenny Esquivel and Evan Tucker.

Tucker, now living in Spain, had started a group called Sacramento Prisoner Support in 2004 to help activists who had been targeted by the federal government. In 2008, Esquivel and Tucker filed a FOIA request for McDavid’s FBI file.

“Jenny and I always felt that the government was hiding evidence from the defense,” Tucker said. “How could a person who was investigated by the FBI for one and a half years and then convicted of a federal crime not have an FBI file? So we decided to do our own request. Originally they told us there was nothing, but we kept pushing and finally, one day, several thousand pages of documents showed up in our PO box.”

Tucker says the FOIA sleuthing revealed the FBI was also interested in him.

“They interviewed people about me, sat outside my house, and followed me around,” Tucker said. “They sent informants to our fundraisers and had them report back on me as well. There is a lot I still don’t know about the investigation because they would only give me half my file and even that was heavily redacted.”

With a batch of fresh evidence in hand, McDavid’s lawyers filed a writ for habeas corpus in 2010. The government continued to fight the appeal, but in November 2014 it handed over even more files that should have been given to McDavid’s defense counsel in his original trial. The new documents included mushy notes from McDavid professing his interest in Anna, as well as never-before-seen responses from Anna leading him on.

In a 2005 email six months before McDavid’s arrest, Anna wrote, “I think you and I could be great, but we have LOTS of little kinks to work out. I hope in Indiana we can spend more quality time together, and really chat about life and our things.”

McDavid replied three days later in his idiosyncratic syntax: “hey cheeka, so far as us B’n great, that i think is an understatement… along w/the ‘LOTS of little kinks 2 wk out’… but if u aint learning, u aint live’n… & I do think we could learn a lot from each other.”

It’s fair to say they learned a lot from each other, although Anna and McDavid both clarified that their relationship was never physical. For the most part, it seemed one-sided, with Anna brushing McDavid off and telling him to wait until after their “mission.”

The US Attorney’s Office also handed over a request for a polygraph test on Anna. The request form said the polygraph was to “confirm veracity of [Anna’s] reporting prior to the expenditure of substantial efforts and money based on source’s reporting.”

But the polygraph test never took place. No documents provided by the FBI or the US Attorney’s Office explain why, and the name of the US prosecutor who signed off on the polygraph request was redacted for “privacy” reasons.

I asked Reichel if he was surprised at the contents of the documents, considering the FBI had insisted they didn’t exist. He replied with the typical bravado of a criminal defense attorney who’s been proven right.

“You remember that Johnny Carson bit, Carnac the Magnificent, where he would hold the letter up to his head and predict what was inside?” Reichel said. “I knew exactly what was in those documents.”

But McDavid’s release was far from certain. Even after securing a deal with the US attorneys office, no one was sure how Judge England, who had previously thrown the book at McDavid, would react to such a bizarre request.

“The hell that we had been through for so long, we knew we had to pursue it, but it was like, ‘God is this even going to work?'” Esquivel said in an interview. “It was nine years of struggle and fighting and hoping against hope. A lot of hard work and luck came together.”

There are lingering questions surrounding McDavid’s case. According to Esquivel, the FBI is still withholding 900 pages of documents. And although McDavid cannot sue under the terms of his plea agreement to a single conspiracy charge, a lawyer for Weiner told the Guardian she is considering suing to get her own conviction lifted.

There is also the case of Steve Lapham, the assistant US attorney in McDavid’s case. Lapham fought McDavid’s Habeas appeal tooth and nail.

“The government concedes that a relatively small amount of information pertaining to the case was apparently not disclosed to the defense,” Lapham wrote in response to the appeal. “However, the omitted material was either inculpatory or benign. None of the omitted material was exculpatory.”

It was only after Lapham departed the US Attorney’s Office, according to Tucker, that the government showed any interest in releasing the withheld documents. Lapham is now a judge for the Sacramento County Superior Court.

February 27, 2015
by CJ Ciaramella

Find this story at 27 February 2015

Copyright Vice.com

Elle Anna Informant Green Scare Eco-terrorism McDavid

The May issue of Elle has an article on how the FBI paid a young woman, known as “Anna,” to befriend activists and pressure them into illegal activity. Now, some of those she befriended and entrapped, including environmentalist Eric McDavid, are going to prison as terrorists.

“For two years now, a young woman in camo pants, black sweatshirt, military boots and pink hair, known to both her fellow eco-activists and FBI employers as ‘Anna,’ had been crashing the party.”

Unfortunately Andrea Todd’s article misses the big picture—questioning the relentless push to label non-violent activists as “terrorists,” and the sleazy methods used to do that– for the sake of glamming up an interesting spy story.

She falls head-over-heels for the sexiness of the story—shadowy activists in love out to save the world—and swallows a series of absurdities provided by the FBI. Rather than pick apart every paragraph, I wanted to highlight a few good points buried within the sensationalism:

Eric McDavid, Lauren Weiner and Zachary Jenson are accused of plotting to sabotage a U.S. Forest Service genetics tree lab and the Nimbus Dam. U.S. Attorney McGregor Scott has claimed that damage to the dam would have made “what happened in New Orleans after Hurricane Katrina look like a Sunday pancake breakfast.” Todd reports that Jeff McCracken, a spokesperson for the dam, says the water would just “trickle.” (p. 323)This is an important point when we’re talking about labeling people as “terrorists” who endangered human life. It’s a good example of how the government has consistently twisted the truth in the hopes of chalking up a victory in the “War on Terrorism.”
The FBI supplied Anna with a ’96 Chevy Lumina, and gas money, and food money, to drive Jenson and Weiner across the country and meet McDavid. There, the FBI paid for a cabin. And on top of that, the FBI supplied bomb-making recipes and materials.All that was needed was a little encouragement. And the FBI supplied that, too.
At one point when tensions were very high, McDavid tried to calm Anna and Weiner down, saying “relax and chill out and maybe come back and chitchat later.” Weiner agreed, offering to make pasta. Anna flipped out.

Anna: Tomorrow, what are we planning on doing tomorrow? Are we still planning on doing anything tomorrow? Or should I just stop talking about plans?
McDavid: Hmmm.
Weiner: I would love it if you stopped talking.
Anna: I would love it if you guys followed a plan! How about that! (p. 324)

This is a critical exchange, because Jenson’s attorneys argued that his client was “entrapped.” In other words, the three were not likely going to commit these crimes, and Anna was trying to push them down that path, in the hopes of getting a big gold star from the FBI.

“Under cross-examination by Reichel [Jenson’s attorney], Torres [FBI] admitted he hadn’t read all of the literature on informants; nor could he recall any specifics about the Attorney General’s guidelines regarding political protests.” (p. 324)Anna infiltrated lawful gatherings, like a CrimethInc convergence and G8 protests. Todd says that they were secretive and require a special eco-terrorist invitation. In reality, they’re posted widely on the Internet. The danger of tactics like this, beyond ruining the lives of those entrapped and watering down public faith in the criminal justice system, is that basic First Amendment rights are a casualty as well.
During Jenson’s trial, prosecutors went to great lengths to conceal Anna’s identity, even from the attorneys. Part of the justification was that Anna could be a target for retaliation, retaliation by environmentalists who have yet to harm anyone. If environmentalists are such a threat, why is Anna posing glamour-shot-style in the world’s largest fashion magazine?
Perhaps the most disturbing piece in all of this is the final section of the article, where Todd interviewed one of the jurors, Diane Bennett.“I said the FBI was an embarrassment,” she says, as other jurors scrambled to unload similar opinions. “I hope he gets a new trial. I’m not happy with the one he got.”
Bennett said that the foreman “teared up” when he delivered the guilty verdict. But the judge’s instructions were confusing, she said, and “people were tired… we wanted to go home.”

The piece could have been much worse. As someone posted anonymously on Indymedia in Portland: “Perhaps Andrea Todd deserves a little credit. She was, after all, attempting to write an article about someone who lies for a living.”

In light of that, has Elle issued a retraction? These stickers have mysteriously appeared in copies of the magazine on newsstands around the country.

They read, in part:

Following consultation with federal agencies, we at Elle wish to retract this article. Not because of the stream of factual inaccuracies beginning in the second sentence (there has never been a CrimethInc. convergence in Athens, Georgia), but because in the current political climate it is irresponsible to even pretend to give a fair hearing to radical anti-capitalists. Even if Anna’s story is a cut-and-dried case of entrapment, we have to understand this as a necessary defense of our free market freedoms.

by WILL POTTER on MAY 2, 2008

Find this story at 2 May 2008

Elle article

Copyright greenisthenewred.com

WASHINGTON — Was Tim Franzen stockpiling weapons? What was Tim Franzen’s philosophy? What was his political affiliation? Did Tim Franzen ever talk about violent revolution?

The Federal Bureau of Investigation wanted to know. In late 2011, an agent or agents — Franzen still isn’t quite sure — began trying to find out. It was during this time that Franzen became a well-known and central presence in Occupy Atlanta. He helped start the Occupy Wall Street offshoot, and had been arrested when police razed their encampment in a downtown Atlanta park.

After the first police sweep of the park, Franzen told The Huffington Post that the FBI began interviewing his fellow Occupy Atlanta activists about whether Franzen might have a cache of weapons for a future violent revolution. He said the feds interviewed three different activists at their homes about his activities and beliefs.

“It definitely rattled my cage to have these kids getting knocks on their door,” Franzen said.

Here’s what the feds would have found out in the course of a background check on the activist: Franzen had a criminal record related to teenage drug use and robberies that supported his habit. But he last spent time in prison when he was 19. Franzen, now 35, went on to found a chain of halfway houses to help people make the transition from addiction to recovery. He later became a community organizer with the Quaker social justice organization American Friends Service Committee, a position he continues to hold while working within Occupy Atlanta.

During one interview, an FBI agent gave one of Franzen’s fellow activists a business card, which was handed over to Franzen, who decided to call the agent and have a little fun.

“I have an expert on all things Tim Franzen,” Franzen remembers telling the agent over the phone. “I said, ‘I’m Tim Franzen.’ … He was sort of dumbfounded. He didn’t know what to say.”

Franzen chastised the federal agent for scaring his younger activist friends. “At first he started denying it,” he said. “He tried to write it off as not a big deal, as sort of protocol.”

At the end of December, the FBI released internal documents that revealed a coordinated — if quixotic — surveillance of the Occupy Wall Street movement. Just about every law enforcement agency gets a cameo in the correspondence: Homeland Security, the Joint Terrorism Task Force, the Naval Criminal Investigative Service, an entity known as the Domestic Security Alliance Council — and even the Federal Reserve. But the extremely limited disclosure makes it difficult to assess exactly with whom the government agencies were coordinating, or why. Was the FBI attempting to infiltrate and undermine the Occupy movement, or simply trying to keep tabs on protesters who were hoping to spark political change?

Of the 110 pages released — first obtained by the Partnership for Civil Justice Fund through a Freedom of Information Act request — dozens are heavily redacted. The documents state that 287 additional pages on the FBI’s Occupy activities were “deleted” from the release by the agency for various reasons, including nine labeled “outside the scope” and 14 tagged “duplicate.”

At times, the documents are contradictory and show FBI agents spreading false information. The earliest memo erroneously describes Adbusters, the Canadian magazine that came up with the idea behind Occupy, as a “self-identified American revolutionary anarchist group.” In another, OWS is lumped in with the “Aryan Nations (sic)” and hacker-activists Anonymous as “domestic terrorists.”

In response to a request for comment, FBI spokesperson Christopher Allen replied via email, “The FBI cautions against drawing conclusions from redacted FOIA documents.” He continued, “While the FBI is obligated to thoroughly investigate any serious allegations involving threats of violence, we do not open investigations based solely on 1st Amendment activity. In fact, DOJ and the FBI’s own internal guidelines on domestic operations strictly forbid that.”

If there was a unified mission behind the Occupy surveillance, it appears the purpose was to pass information about activists’ plans to the finance industry. In one memo from August 2011, the FBI discusses informing officials at the New York Stock Exchange about “the planned Anarchist protest titled ‘occupy Wall Street’, scheduled for September 17, 2011.[sic] Numerous incidents have occurred in the past which show attempts by Anarchist groups to disrupt, influence, and or shut down normal business operations of financial districts.”

The documents reveal that the FBI met with officials from four banks and one credit union, and spoke over the phone with a representative from a fifth bank. The FBI also talked with officials from the Richmond Federal Reserve, a branch of the central bank that covers much of the American South. If the FBI communicated with any of the trillion-dollar banks that were the primary subject of Occupy Wall Street’s economic critique, however, those discussions have been redacted from the documents.

Citigroup, for example, is not mentioned anywhere the documents, while Bank of America, Wells Fargo, Goldman Sachs and JPMorgan are each mentioned once in passing. No documents show coordination between the FBI and any of those banks — although it would be conspicuous for the FBI to have communicated with smaller banks that were not a major focus of the Occupy movement while ignoring the much larger institutions that were recipients of the 2008-2009 bailouts.

The few direct communications with banks that are detailed in the documents reveal little evidence of improper behavior. On Oct. 6, 2011, the FBI called Zions Bank to inform the bankers that “Anonymous hactivists” had distributed the personal phone numbers of “the CEOs of Goldman Sachs and JP Morgan Chase” online, implying that Zions executives might also be subject to such treatment per an impending Occupy rally in Salt Lake City, where Zions is headquartered. Zions declined to comment on the call for this article, but the bank — which has about 2 percent of the total assets of JPMorgan — has not been a target of Occupy rhetoric before or since the FBI call.

The only other banks named in the FBI documents are Hancock Bank, Peoples Bank, Bancorp South and Regions Bank — all of which declined to comment for this article. The FBI attended a Nov. 16, 2011, meeting of officials from those banks in Biloxi, Miss., where someone from Hancock Bank warned attendees to expect an Occupy protest on Dec. 7 that could include a “sit-in” or efforts to “lock the bank doors.”

None of the banks mentioned in the FBI file would comment on whether the FBI met regularly with bank officials. Bank robbery is a federal crime, which gives FBI jurisdiction.

All of these banks would have been small-ball for a protest movement that targeted massive income inequality and outrageous executive pay. But if the FBI was issuing warnings to and meeting on security issues with these smaller banks, they were almost certainly having talks with bigger New York banks — meaning the portrait of the FBI’s activities around Occupy, insofar as the internal documents are concerned, is likely incomplete in a significant dimension.

Recent FBI investigations have at times put big banks in a negative light, but have yet to result in major actions against financial institutions. In July 2012, an FBI probe found that Bank of America had allowed a Mexican drug cartel to launder money through the bank. While BofA has yet to face any fines for the episode, the head of the FBI in Charlotte, N.C., BofA’s headquarters, recently left the law enforcement agency for a job at Bank of America.

While the FBI communicated with the financial sector about Occupy, it’s unclear the degree to which they engaged with actual Occupy activists like Franzen.

Kevin Zeese was one of the founding organizers of Occupy Washington, D.C., which set up camp just blocks from FBI headquarters and the Department of Justice. Zeese told HuffPost that infiltration by law enforcement agents or informants was an issue, but whether much of it was just shadowy conspiracy or serious agitating remains a mystery.

In one exchange he had with a Homeland Security officer, Zeese said the agent knew a key detail about a scheduled protest at the Environmental Protection Agency. Zeese joked that the officer knew more than he did about what was going on.

Zeese did remember one FBI agent who would bike over to the camp. Some of the younger activists talked regularly with the agent. “He was open about it,” Zeese said. “He would ride through on a bike with the FBI thing on his back.” The agent ended up spending a weekend at the camp and even donating funds to help pay for security.

Whether law enforcement had a hand in breaking up camps, Zeese said, “I can’t tell.” To which he added, “Down the road, there may be proof.”

Franzen suggests that federal agents conducted more clandestine activities than simple Internet searches and protest monitoring. Occupiers frequently complained that the more outspoken activists within their ranks appeared to be targeted by police for arrest. Franzen said there is a connection between the agent who inquired about him among his friends and his subsequent arrest at a protest. He chronicled the incident on his blog a year ago:

Before the police officers warned the crowd to disperse from the street I had already gotten onto the side walk. One of the police Lieutenants yelled to his officers, ‘Get him’ and pointed at me. The police had to worm their way through the crowd in order to grab me and drag me into the street.
When I was dragged into the street, I asked the lieutenant what he was doing and he said, ‘arresting you.’
‘For what,’ I asked.
‘For being in the street,’ he said.
‘But I was on the sidewalk,’ I replied.
‘You’re not now,’ he said with a smile.

Jason Cherkis
Zach Carter
Posted: 01/05/2013 7:42 am EST Updated: 01/23/2014 6:58 pm EST

Find this story at 23 January 2013

Copyright ©2015 TheHuffingtonPost.com, Inc.

Newly revealed documents show 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 fusions 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.

Click here to see our extensive coverage of the police crackdown of the Occupy movement.

Read full report on government surveillance of Occupy movement by the Center for Media and Democracy / DBA Press.

TRANSCRIPT:

AMY GOODMAN: Matt Rothschild, it’s great to have you with us, editor of The Progressive magazine. And he did this very interesting story, a cover story for June issue of the magazine, “Spying on Occupy Activists: How Cops and Homeland Security Help Wall Street.” Can you compare what you have found—and start off by saying why Phoenix. Why did you focus on Phoenix?

MATTHEW ROTHSCHILD: Well, I focused on Phoenix because the primary researcher for this story, Beau Hodai of DBA Press and the Center for Media and Democracy, had compiled tremendous amounts of information. He had issued Freedom of Information Act requests from the Phoenix Police Department, from the Arizona Counter Terrorism Information Center. And so, he got thousands, literally thousands, of pages of information, primarily about Phoenix and Arizona, but also some national context. But I thought by focusing on this one city, you could really tell, at the most granular level, how police officers and Homeland Security are really going after left-wing activists. And I thought it was important to really focus in narrowly, because I think those narrow details really give a clearer picture of just how hand-in-glove local law enforcement is with the private sector in going after these Occupy protesters.

AMY GOODMAN: How does this compare to the IRS monitoring tea party groups or, you know, sort of specially targeting them for deciding whether they should get nonprofit status?

MATTHEW ROTHSCHILD: Well, I thought it was outrageous what the IRS was doing in that Cincinnati office. But this, to me, is much worse because, whereas the IRS office in Cincinnati, that may have been, you know, a bureaucratic mistake or bungling or lack of supervision, what’s going on with the spying on Occupy activists was a systematic effort by police departments, not just in Phoenix, but around the country, with Homeland Security, to track the Occupy activists—and to coordinate a response, even. One of the documents that Beau Hodai released, from the Center for Media and Democracy and DBA Press, was a file—a report on a teleconference that 13 police departments around the country had as to how to respond to Occupy, what they called “growing concerns” about the burgeoning Occupy movement, and that they needed to coordinate an effective response. And so, you know, when we had that crackdown on Occupy simultaneously over a weekend in many different cities, I wondered at the time whether there wasn’t coordination going on between the police departments to crush the Occupy movement. And this suggests that there was.

NERMEEN SHAIKH: Matt Rothschild, you also speak specifically about the way in which protests against the NDAA, the National Defense Authorization Act, occurred. Could you elaborate on that and why that was a particular focus of law enforcement?

MATTHEW ROTHSCHILD: Yeah, there’s documents, again, that show that police, from the U.S. Capitol Police all the way to the Phoenix Police Department, were monitoring protests of the National Defense Authorization Act. The National Defense Authorization Act allows the president of the United States to grab any single one of us and throw us into jail and deny us due process and access to a judge for as long as the president says so. And so, this is a huge clampdown on our civil liberties, and people should be protesting it. And it’s ironic that people trying to defend their civil liberties are having their civil liberties violated at the same time.

AMY GOODMAN: Matt Rothschild, explain what these fusion centers are and how they work, both with public law enforcement and with private companies.

MATTHEW ROTHSCHILD: Well, this is a real problem I have with fusion centers, Amy. Fusion centers are—in each state, there’s a fusion center. And the fusion center is supposed to represent law enforcement at every level, from, you know, campus police to city police, to sheriffs, to the FBI and state police. But also, within these fusion centers, there are representatives of the private sector. And there’s also an organization called InfraGard in these fusion centers. Now, InfraGard is an association of more than 50,000 business people with the FBI. They’re essentially FBI minders, with these business people in each state. And sometimes these business people get information from the FBI even before elected officials get it. And also, the FBI tells these business members of InfraGard, “Hey, if you ever have a problem with an employee, just let us know.” And so, you know, is this the kind of collaboration we want? That a boss, who doesn’t like what you’re doing on the workplace—maybe you’re forming a union, the boss calls the FBI, and then what? The FBI opens a file on you? We need to be careful of this institution called InfraGard, too, which was part of the Arizona fusion center, by the way.

AMY GOODMAN: Matt, we want to thank you for being with us. 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 draws heavily on documents obtained by the Center for Media and Democracy and DBA Press. Matt Rothschild is also author of You Have No Rights: Stories of America in an Age of Repression.

WEDNESDAY, MAY 22, 2013

Watch Part One of our interview with Matthew Rothschild of The Progressive

Find this story at 22 May 2013

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Following the terrorist attacks of September 11, 2001, a nationwide “counter terrorism” apparatus emerged. And it has turned on dissenters like the Occupy movement.

The following is the first in a series of articles extracted from a new report by CMD and DBA Press entitled “Dissent or Terror: How the Nation’s Counter Terrorism Apparatus, In Partnership With
 Corporate America, Turned on Occupy Wall Street.”

Following the terrorist attacks of September 11, 2001, a nationwide “counter terrorism” apparatus emerged. Components of this apparatus include the U.S. Department of Homeland Security (U.S. DHS), the Office of the Director of National Intelligence (ODNI), ODNI’s “National Counterterrorism Center” (NCTC), and state/regional “fusion centers.”

“Fusion centers,” by and large, are staffed with personnel working in “counter terrorism”/ “homeland security” units of municipal, county, state, tribal and federal law enforcement/”public safety”/”counter terrorism” agencies. To a large degree, the “counter terrorism” operations of municipal, county, state and tribal agencies engaged in “fusion centers” are financed through a number of U.S. DHS grant programs.

Initially, “fusion centers” were intended to be intelligence sharing partnerships between municipal, county, state, tribal and federal law enforcement/”counter terrorism” agencies, dedicated solely to the dissemination/sharing of “terrorism”-related intelligence. However, shortly following the creation of “fusion centers,” their focus shifted from this exclusive interest in “terrorism,” to one of “all hazards” — an umbrella term used to describe virtually anything (including “terrorism”) that may be deemed a “hazard” to the public, or to certain private sector interests. And, as has been mandated through a series of federal legislative actions and presidential executive orders, “fusion centers” (and the “counter terrorism” entities that they are comprised of) work — in ever closer proximity — with private corporations, with the stated aim of protecting items deemed to be “critical infrastructure/key resources” (CI/KR, typically thought of as items such as power plants, dams or weapons manufacturing plants).

As detailed in a report from DBA Press and the Center for Media and Democracy (DBA/CMD), “Dissent or Terror: How the Nation’s Counter Terrorism Apparatus, in Partnership with Corporate America, Turned on Occupy Wall Street,” through 2011 and 2012, “fusion centers” and other “counter terrorism” agencies engaged in widespread monitoring of Occupy Wall Street activists.

Records obtained by DBA/CMD indicate that, in some instances, these “counter terrorism” agencies worked in partnership with corporate interests to gather and disseminate intelligence relating to the activities of citizens engaged in the Occupy Wall Street movement. Ironically, records indicate that corporate entities engaged in such public-private intelligence sharing partnerships were often the very same corporate entities criticized, and protested against, by the Occupy Wall Street movement as having undue influence in the functions of public government.

This article examines the effects of such public-private intelligence sharing partnerships in Arizona, and how such partnerships benefited corporate interests that were subjects of Occupy Phoenix protest actions through 2011 and 2012.

Arizona Fusion Center Work on Behalf of Banks

In October of 2011, Jamie Dimon, president and CEO of J.P. Morgan Chase, had plans to travel to Phoenix for a “town hall” event with 2,000 of his employees at Chase Field (home of the Arizona Diamondbacks, located in downtown Phoenix). As Dimon is one of the most powerful men on Wall Street and the head of the largest bank in the country — a bank that played a key role in the collapse of the U.S. economy in 2008 — JP Morgan Chase Regional Security Manager Dan Grady contacted Arizona Counter Terrorism Information Center personnel on October 17 (the day before Dimon’s scheduled visit), to ensure a smooth landing for Dimon in Phoenix.

The Arizona Counter Terrorism Information Center (ACTIC), commonly known as the “Arizona Fusion Center,” is comprised of personnel from such entities as the Arizona Department of Public Safety Intelligence Bureau, the Phoenix Police Department Homeland Defense Bureau, the Tempe Police Department Homeland Defense Unit, the Mesa Police Department Intelligence and Counter Terrorism Unit, the Maricopa County Sheriff’s Office, the FBI Phoenix Joint Terrorism Task Force, the Transportation Security Administration, and the U.S. DHS offices of Infrastructure Protection and Intelligence and Analysis.

Records indicate that Grady’s chief point of law enforcement/”counter terrorism” personnel contact in Phoenix — with whom he discussed the particulars of Dimon’s visit and shared a detailed itinerary — was Phoenix Police Department Homeland Defense Bureau (PPDHDB) Detective, and ACTIC Community Liaison Program Coordinator, Jennifer O’Neill. As records indicate, the chief area of discussion between Grady and O’Neill were concerns that citizens engaged in Occupy Phoenix, an Occupy Wall Street-inspired group that had launched only days prior, on October 14 and 15, might try to disrupt the event — or otherwise inconvenience Dimon.

According to records obtained by DBA/CMD, in response to Grady’s concerns, O’Neill stated that she and a PPDHDB “CI/KR security specialist” colleague had engaged in the monitoring of known online “social networking” outlets used by Occupy Phoenix for discussion relating to the Dimon visit. As such O’Neill stated: “we have not seen anything on social networking that leads us to believe protestors are aware of this event.”

By no stretch of the imagination was this monitoring of social media (known in the world of “counter terrorism” agencies as the acquisition of “open source intelligence”) for the benefit of JP Morgan Chase President and CEO Dimon the full extent of such activity conducted by ACTIC personnel. Records indicate that ACTIC personnel consistently gathered “open source,” and other, intelligence relating to Occupy Phoenix protests of corporate entities throughout 2011 and 2012. According to these records, in many instances ACTIC personnel would share this intelligence with personnel employed by corporations who were subject to these protests.

Another example of Occupy Phoenix-related ACTIC CLP work for the benefit of banks would be intelligence gathering and other monitoring conducted in preparation for “Bank Transfer Day,” November 5, 2011 — a day on which Occupy Wall Street groups nationwide, along with other mainstream activist/consumer advocate groups, encouraged citizens to discontinue business with the nation’s leading banks (such as J.P. Morgan Chase banks, Bank of America and Wells Fargo), in favor of credit unions and smaller community-based banks.

Records obtained by DBA/CMD show that, on November 3, Mesa Police Department (Mesa is a Phoenix suburb) Intelligence and Counter Terrorism Unit Detective/ACTIC Terrorism Liaison Officer (TLO) Christopher Adamczyk, issued an OWS-related bulletin to a number of ACTIC TLOs/analysts. While the actual Adamczyk bulletin is absent from records delivered to DBA/CMD by PPDHDB, records indicate that the subject of this Adamczyk bulletin was the impending November 5 “Bank Transfer Day.” It is important to note, however, that available records indicate that the Mesa TLO did not address “Bank Transfer Day” events set to take place in the Phoenix area.

Records show that, after receiving this bulletin, O’Neill contacted PPDHDB/ACTIC “Terrorism Liaison All-Hazards Analyst” Brenda Dowhan and asked if there was any specific information she could pass on to downtown Phoenix banks.

In response to O’Neill’s request, Dowhan indicated that she would try to find “FOUO” (“For Official Use Only”) information that could be released to downtown Phoenix banks. In addition, she offered:

“Occupy Phoenix just updated their [Facebook] page saying that they will be marching to Wells Fargo, B of A [Bank of America], and Chase Tower. They are supposed to do a ‘credit card shredding ceremony’ , but eh haven’t identified which bank they will be doing that at [sic]. We will have to monitor their FB [Facebook].”

As previously stated, O’Neill is the coordinator of the ACTIC Community Liaison Program (CLP). ACTIC CLP was created in 2006, in response to federal mandates calling for greater involvement of private sector corporations in the national “counter terrorism” “information sharing environment” (ISE, as created by the Intelligence Reform and Terrorism Prevention Act of 2004. This piece of federal legislation also created ODNI, NCTC and set the groundwork for the national spread of “fusion centers,” per the implementation of ISE).

ACTIC CLP is intended to facilitate the flow of “counter terrorism” information/intelligence between private sector corporate partners and the Arizona “fusion center.” While the stated purpose of ACTIC CLP is to prevent terrorist activity, to identify terrorist threats, protect CI/KR, and “create an awareness of localized security issues, challenges, and business interdependencies,” records indicate that, during the course of 2011 and 2012, ACTIC CLP was used as an advance warning system to alert member corporations and banks of impending Occupy Phoenix protests.

ACTIC CLP is one of two primary vehicles through which corporate interests partner with ACTIC, the other vehicle being Arizona Infragard. Arizona Infragard is the Arizona chapter of Infragard, a public-private intelligence sharing partnership administered by the FBI and supported (both financially and through the delivery of intelligence) by U.S. DHS.

The Creepy Guy Cometh: Undercover Cop Goes to the Vegan Coffee Shop

Records indicate that these advance warnings concerning the planned actions of Occupy Phoenix, and other instances of intelligence sharing with private sector partners (including meetings between law enforcement/”counter terrorism” personnel and area bankers), were derived from the constant monitoring of Occupy Phoenix — and other activist groups — by Phoenix area law enforcement personnel, most of whom were “terrorism liaison officers” active in the ACTIC TLO Program.

While much of this TLO-gathered information came in the form of “open source intelligence” derived from the monitoring of social media, one source of intelligence that records show greatly benefitted not only ACTIC “counter terrorism” personnel, but also ACTIC’s private sector partners, was an undercover Phoenix Police Department Major Offenders Bureau (PPDMOB) detective who had infiltrated the Phoenix activist community and who had attended some of the earliest Occupy Phoenix planning meetings, as well as subsequent meetings throughout October and November, 2011.

This infiltrating undercover officer presented himself as a homeless Mexican national named “Saul DeLara” (Saul). One example of this undercover officer’s work product is as follows: following a request by Phoenix Police Department Community Relations Bureau (PPDCRB, the departmental entity that served as the public face of PPD interaction with Occupy Phoenix — known, affectionately, by members of the Phoenix activist community as the “Red Squad”) Sgt. Mark Schweikert, PPDMOB Career Criminal Squad Sgt. Tom Van Dorn dispatched Saul to attend an early Occupy Phoenix planning meeting held on October 2, 2011 at a local coffee shop. Following the meeting, Saul delivered a detailed report, dutifully relaying all plans the activists had discussed, to his PPD superiors. And records indicate that Van Dorn recommended at this time that PPD units augment the intelligence stream provided by Saul with constant monitoring of the Occupy Phoenix Facebook page.

But, Saul’s attendance at and reporting on the October 2, 2011 Occupy Phoenix planning meeting was far from the extent of the undercover detective’s involvement in the world of Phoenix activism. For example, records indicate that Saul had embedded himself among Phoenix activists in Occupy Phoenix’s encampment at Cesar Chavez Plaza, in an attempt at providing further intelligence relating to activist “Bank Transfer Day” plans.

As stated in a November 3, 2011 email, PPDMOB Career Criminal Squad Sgt. Van Dorn informed PPDHDB commanding officers that, “Saul will be spending today and tomorrow hanging out in the Plaza and [sic] with the Anarchists to try and gather additional intelligence as we head into the weekend.”

Interestingly, Saul’s first appearance among Phoenix activists is said to significantly predate the birth of Occupy Phoenix (which officially launched over the course of a two day event, held October 14 and 15, 2011) and even the emergence of the national Occupy Wall Street movement (which materialized on September 17, 2011).

According to then-Phoenix activist Ian Fecke-Stoudt (Fecke-Stoudt has since moved out of the Phoenix area), Saul first appeared at Conspire, a now-defunct coffee house and vegan cafe located in downtown Phoenix, in July of 2011.

Poetically enough, Conspire was awarded the title of “Best Hangout for Anarchists, Revolutionaries and Dreamers” by the Phoenix New Times in 2010. The coffee house also served, later in 2011 and early 2012, as a regular meeting place for members of Occupy Phoenix.

According to Fecke-Stoudt, Saul’s appearance roughly coincided with the beginning of activist meetings, held at Conspire, dedicated to the planning of protest events associated with the American Legislative Exchange Council’s (ALEC) States and Nation Policy Summit (SNPS), to be held at the Westin Kierland Resort and Spa in the upscale Phoenix suburb of Scottsdale, from November 28 through December 2, 2011.

ALEC is a 501 (c) (3) non-profit organization that bills itself as the nation’s largest state “legislative membership organization.” As such, ALEC claims roughly 2,000, or approximately one third, of the nation’s state lawmakers as members. The organization couples these legislative members on a variety of “task forces” with representatives from the nation’s leading corporations, lobby and law firms, as well as private ‘think tanks’ and ‘public policy foundations.’ These various “task forces” generate and adopt “model legislation,” which member lawmakers dutifully introduce and work to pass into law in their home assemblies.

Representatives of corporations and private foundations involved in ALEC are known as the organization’s “private sector members.” As is reflected by the organization’s tax filings, these private sector members fund most of ALEC’s activities. As such, ALEC is in reality the nation’s largest public-private legislative partnership, dedicated to advancing the legislative agenda of its corporate underwriters — though ALEC has steadfastly denied that any lobbying activity takes place at their events.

ALEC holds three primary events each year: the Spring Task Force Summit, the Annual Meeting and the States and Nation Policy Summit. Invariably, these events are held at upscale resorts in cites throughout the nation. Travel and boarding expenses for ALEC member lawmakers who attend these meetings are more often than not paid through the ALEC “scholarship fund,” a fund for which ALEC member lawmakers and ALEC member lobbyists raise (tax deductible) donations from other lobbyists/private sector donors.

The organization has come under fire in recent years for its involvement in disseminating various pieces of “model legislation” and policy initiatives — from “voter ID” laws, to laws aimed at crushing unions, as well as firearms-related laws (such as the “Stand Your Ground” law, which gained national attention following the February, 2012 shooting death of Florida teenager Trayvon Martin).

But, before the rise of public furor surrounding such pieces of “model legislation,” ALEC came under criticism for its involvement in disseminating the “No Sanctuary Cities for Illegal Immigrants Act,” a piece of “model legislation” introduced to the ALEC Public Safety and Elections Task Force (ALEC claims it disbanded this task force in April of 2012) by then-Arizona State Senator Russell Pearce during the ALEC December, 2009 SNPS (a month and a half prior to Pearce’s introduction of the same bill, SB 1070, in the Arizona legislature).

The crux of criticism relating to ALEC’s role in adopting and disseminating this piece of “model legislation” was the fact that Corrections Corporation of America (CCA), the nation’s premier operator of for-profit prisons and immigrant detention facilities, was a longstanding member — and corporate underwriter — of the ALEC Public Safety and Elections Task Force at the time of the “model legislation”‘s adoption. Various records obtained by DBA/CMD show that the nation’s second largest private prison/immigrant detention center operator, Geo Group, was also active in ALEC during this time (Arizona lobby records indicate that Geo Group lobbyists were wining and dining lawmakers at the 2009 ALEC SNPS), along with the nation’s third largest private prison/immigration detention center operator, Management and Training Company (MTC, records obtained by DBA Press and the Center for Media and Democracy indicate that MTC was paying into the ALEC Arizona Scholarship Fund as late as August of 2010).

And so, when Phoenix-area activists learned of ALEC’s plans (Fecke-Stoudt estimates that Phoenix activists first learned of these plans in June of 2011) a coalition of activist groups — including prison reform activists, anarchists, immigrants’ rights groups and indigenous rights groups — began planning protest actions at Conspire.

According to Fecke-Stoudt, at some point in early to mid-July, 2011, his roommate — also a Phoenix-area activist — mentioned that “a creepy guy who looked like he was probably a cop” had been hanging around Conspire. According to Fecke-Stoudt, his roommate told him that the “creepy guy” had wandered into Conspire and struck up a conversation with her. The roommate said that, following this initial conversation, the man would appear at Conspire and seek her out — as if they were friends. According to Feck-Stoudt’s recollection of the roommate’s impression, the “creepy guy” had come off as being “overly interested in anarchism.”

It was not long after that Fecke-Stoudt was also approached by the “creepy guy” at Conspire. According to Fecke-Stoudt, the man wore a blue t-shirt and blue jeans, had slicked-back salt-and-pepper hair, appeared to be in his 50s, was very clean-cut and in good physical shape. The “creepy guy” introduced himself to Fecke-Stoudt and other Phoenix activists as “Saul DeLara.” Despite the man’s fit and clean appearance, Fecke-Stoudt said Saul claimed to be homeless — and commented frequently on trouble he had with police through the course of his life on the street. Saul claimed to be a native of Juarez, Mexico, but seldom disclosed any other details of his background or personal life.

It is worth noting that Saul would later offer one other interesting detail of his life. As reported by activists present at a November 9, 2011, ALEC protest planning meeting, Saul claimed to have ties to recent “anarchist” actions in Mexico. This appears to have been an oblique reference to a group calling themselves “Mexican Fire Cells Conspiracy/Informal Anarchist Federation,” which, through a number of anarchists online forums, had claimed responsibility for a fire at Las Torres Shopping Mall in Juarez on November 2.

According to Fecke Stoudt and other activists interviewed by DBA/CMD, Saul consistently expressed a voracious interest in all things related to anarchism. Perhaps the only area of conversation that stimulated Saul’s interest as much as general discussion of anarchism, said Fecke-Stoudt and other activists interviewed by DBA/CMD, was discussion of the pending ALEC SNPS protest.

According to Fecke-Stoudt, Saul commenced to appear at Conspire on nights when the Phoenix Anarchist Coalition (PAC) would hold meetings. It was during one of these occasions that Fecke-Stoudt detected a particularly odd pattern of behavior on Saul’s part.

“There’s a certain thing that people do, when you can tell they’re interested in something, but they’re trying not to talk about it — where, whenever they hear, like, even the slightest mention of that thing, they come running over and they start listening intently, or, like, they’ll just kind of slowly put themselves into the conversation — that’s what he did,” said Fecke-Stoudt.

This behavior on Saul’s part, explained Fecke-Stoudt, would occur whenever mention was made of the planned ALEC protest.

“Once, after a PAC meeting […] he was hanging about and somebody said something about ALEC and, you know, he just kind of suddenly appeared in the conversation,” said Fecke-Stoudt. “I didn’t see it happen at that time, because I was engaged in the conversation, but I’m like, all of a sudden, ‘there’s Saul. Why is Saul in this conversation all of a sudden?'”

It is important to note that, according to both activists’ accounts and records obtained by DBA/CMD, Saul did not only attend anarchist protest planning meetings. Throughout his time as an activist infiltrator, Saul rubbed elbows with members of Occupy Phoenix, immigrants’ rights groups, faith-based organizations, indigenous rights groups, and others.

Records obtained by DBA/CMD show that Saul would report on these ALEC protest planning meetings to Van Dorn, who would then forward the intelligence on to PPDHDB personnel.

For example, on October 26, 2011, Van Dorn sent the following email to PPDHDB Lt. Lawrence “Larry” Hein, PPDHDB Sgt. Pat “Patrick” Kotecki and PPDMOB Lt. John Geroulis:

“Hey Bosses,” wrote Van Dorn. “Saul has stated that the Anarchists have officially posted the ‘resist ALEC’ on their website but they haven’t discussed specifics on how to disrupt the conference [sic]. There are also two websites that might be worth the TLO’s [ACTIC “Terrorism Liaison Officers”] monitoring.”

Van Dorn then went on to provide a link to “azresistsalec.wordpress.com,” and to detail the number of “likes” on the Facebook page associated with that site.

“According to Saul they are supposed to be having ‘resist ALEC’ training this weekend in downtown Phoenix as well,” added Van Dorn. “Kepp you updated [sic].”

Records indicate that PPDHDB Sgt. Kotecki forwarded this intelligence on to PPDHDB Det./ACTIC TLO Rohme with instructions to “monitor and advise.”

Records obtained by DBA Press and the Center for Media and Democracy show that PPDMOB Career Criminal Squad Sgt. Van Dorn and a PPDMOB undercover detective named Saul Ayala attended two meetings (November 18 and 23, 2011), held in the ACTIC “training room.” The subject of both these meetings was planned protests of the ALEC conference.

Interestingly enough, records indicate that PPDHDB Det./ACTIC TLO Michael Rohme had invited Westin Kierland Director of Security Phil Black to attend the November 23 ACTIC meeting. According to records obtained by DBA/CMD, Rohme had been the chief ACTIC point of contact between ALEC personnel in the months leading up to the 2011 SNPS. Such ALEC-related personnel Rohme had shared ACTIC resources/information with included Bayer Healthcare Head of Security Mark Davis. Bayer Healthcare is a longtime ALEC private sector member and had served as co-chair of the ALEC Health and Human Services Task Force for several years, ending in 2011. At the time of the ALEC 2011 SNPS, Bayer Healthcare’s parent corporation, Bayer Corporation, served as “first vice chairman” of the ALEC Private Enterprise Board Executive Committee.

And, speaking to the private sector clout carried by ALEC in the world of “counter terrorism” public-private intelligence sharing partnerships, consider this: Arizona Public Service/Pinnacle West Capital Corporation (APS) served as a “chairman” level sponsor of the 2011 ALEC SNPS. The chairman of the Downtown Phoenix Partnership (DPP, an economic development corporation whose members are clearly active in ACTIC CLP) Board of Directors is APS/Pinnacle West President and CEO Donald Brandt. APS Enterprise Security Operations Director Bob Parrish served as longtime board member of Arizona Infragard at this time as well.

Furthermore, records obtained by DBA/CMD show that, in February of 2012, U.S. Department of Homeland Security Protective Security Advisor Christine Figueroa forwarded open source intelligence (derived from activist Facebook postings and the Occupy Phoenix events calendar) pertaining to planned February 29, 2012 protests of ALEC-member corporations (a nationwide effort launched by Occupy Portland, Oregon) to ACTIC personnel (including O’Neill) and other U.S. DHS personnel.

According to records obtained by DBA/CMD, the information distributed by Figueroa had been gathered by Salt River Project (SRP) Security Manager Jay Spradling. This Spradling advisory reiterated activist plans (as posted on the Occupy Phoenix events calendar) to “march from [Freeport-McMoran Center, worldwide headquarters of Freeport-McMoran Copper and Gold, Inc.] to other ALEC corporations downtown. Send them a message that we won’t stand for the corporate takeover of our democracy any longer,” and to (as stated on the Occupy Phoenix Facebook page) hold a press conference for the purpose of “informing people about what ALEC is and why they are bad!” Records show that this information was then passed on, through PPDCRB Sgt. Schweikert, to Freeport-McMoran Copper and Gold Manager of Corporate Security Thomas Tyo.

At the time of the F-29 protests SRP lobbyist Russell Smoldon served as the ALEC Arizona “private sector chair” (largely responsible for ALEC Arizona “scholarship fund” fundraising) and Freeport-McMoran Copper and Gold served as a “director” level sponsor of the 2011 ALEC SNPS. Freeport-McMoran is also active in ACTIC CLP through its position on the Downtown Phoenix Partnership Board of Directors.

As indicated by records obtained by DBA/CMD, as well as accounts of activists interviewed, Saul’s participation in ALEC protest planning meetings ended on November 9, 2011. The PPDMOB undercover detective attended an ALEC protest planning meeting that evening, after which an immigrants’ rights activist approached Saul and confronted him about his life as a cop.

According to the activist (who spoke to DBA/CMD on condition of anonymity), she had worked as a barista at a Phoenix Starbucks some years prior. During her time as a barista, the woman and her co-workers had become accustomed to the habits of two police officers who would come into the cafe to order drinks every night, while the cafe was closing. Rather than leaving coffee machines on and uncleaned, the cafe workers would set drinks aside for these two officers. One of these officers, said the activist, was the man who currently represented himself as the homeless anarchist wannabe, “Saul DeLara.”

According to this activist, when confronted, Saul denied having ever seen her before and angrily denied being a cop. Nevertheless, word of Saul’s possible relationship with law enforcement spread quickly through the Phoenix activist community and, as indicated by records obtained by DBA/CMD, details of this November 9 meeting were the last to be gathered by Saul and relayed through Van Dorn to PPDHDB/ACTIC personnel.

PPD Public Information Officer Trent Crump declined to confirm whether PPDMOB undercover detective Saul Ayala was in fact the man who presented himself to Phoenix activists as “Saul DeLara,” or to discuss any specifics of PPD undercover officer activity related to Occupy Phoenix or other Phoenix activist groups. However, Crump did state that it is a “regular practice” of PPD to employ “plainclothes or undercover” officers in the gathering of intelligence related to activist activity that may include “civil disobedience.”

When asked what suspicion of criminal activity PPD used to predicate such intelligence gathering conducted by undercover officers, Crump stated:

“I don’t even think that one has to say that we have to anticipate that there’s going to be criminal activity for us to gather intelligence — public safety is one of our job responsibilities. So, when we know they’re going to have, very possibly, some civil unrest, or we know we may have large groups of people organizing to rally under a protest — or whatever you want to call it — we gather intelligence on this, absolutely.”

Brenda the “Terrorism Liaison All-Hazards Analyst” Facebook Queen

According to records obtained by DBA/CMD from the Arizona Department of Homeland Security (AZDOHS, the state agency that essentially acts as a bursar for U.S. DHS Arizona grant awards), PPD was awarded $1,016,897 in U.S. DHS State Homeland Security Grant Program funding in September of 2010 for the PPD “ACTIC Intelligence Analyst Project.” According to these AZDOHS records, these funds were intended to fill positions for both a PPD “ACTIC Intelligence Analyst” and “IT Planner.” Records obtained by DBA/CMD indicate that these project funds have been used, in part, to hire and pay the more than $71,000 compensation (this figure includes salary and benefits) of PPDHDB/ACTIC “Terrorism Liaison All-Hazards Analyst” Brenda Dowhan.

According to records obtained by DBA/CMD, Dowhan’s primary role at ACTIC over the course of 2011 (according to records, Dowhan appears to have been hired in July of 2011) and 2012 appears to have been the monitoring of social media activity associated with individuals involved in Occupy Phoenix — as well as to create bulletins for distribution to both ACTIC “Terrorism Liaison Officers” and other “fusion center” personnel nationwide, detailing trends in the Occupy Wall Street movement.

According to records obtained by DBA/CMD, in order to facilitate Dowhan’s work PPD personnel regularly fed the “Terrorism Liaison All-Hazards Analyst” logs containing the names, addresses, social security numbers, driver’s license/state identification numbers, and physical descriptions of citizens arrested, issued citations — or even given “warnings” by police — in connection with Occupy Phoenix. The vast majority of these citizens who had been arrested, or had other interactions with PPD, were cited/warned for alleged violations of the city’s “urban camping” ordinance.

Records indicate that Dowhan took her job very seriously. Records obtained by DBA/CMD show that when, in December of 2011, two members of Occupy Phoenix posted plans to travel to Flagstaff for Christmas, Dowhan alerted ACTIC Terrorism Liaison Officers in the Flagstaff area to their impending arrival.

And, records show that, in November, 2011, when Dowhan first became concerned that those she surveilled within the Phoenix activist community may eventually detect her presence online, she asked her PPDHDB superiors if they could discuss the possibility of her using a “clean computer,” possibly one with an “anonymizer,” in the future. This appears to have been a reference to a computer utility product, made by Anonymizer, Inc., that allows users to visit websites anonymously.

In fact, Dowhan was so dedicated to her job of monitoring the Facebook posts (and other social media/blogs) of members of Occupy Phoenix that, when, on December 16, 2011, FBI agent Alan McHugh contacted ACTIC/Arizona Joint Terrorism Task Force (JTTF) personnel (including FBI Phoenix JTTF Special Agent Marcus Williams and U.S. DHS Intelligence Analyst Anthony Frangipane) to advise them of a planned December 17 Occupy Phoenix protest to be held outside the Phoenix office of U.S. Senator John McCain (R-AZ) in opposition to the National Defense Authorization Act of 2012 (NDAA 2012), ACTIC “Terrorism Liaison All-Hazards Analyst” Dowhan giddily responded:

“Good Morning Alan [sic] [paragraph break] Tracking the activities of Occupy Phoenix is one of my daily responsibilities. My primary role is to look at the social media, websites, and blogs. I just wanted to put it out there so that if you would like me to share with you or you have something to share, we can collaborate [sic].”

Dowhan went on to state that ACTIC/PPDHDB was also concerned about the NDAA 2012 protest (dubbed by Occupy Phoenix the “No Indefinite Detention Rally”) as well as other Occupy Phoenix events planned for coming days. In closing, Dowhan stated that she would continue to “monitor online activities to get an idea of what kind of participation we can expect.”

This glimpse into the day-to-day working life of those in the “counter terrorism” world is, of course, hilariously ironic, since citizens protesting NDAA 2012 were protesting provisions of the law that would allow for the indefinite detention of U.S. citizens who are even suspected of aiding, committing, or plotting acts of terrorism, “hostilities,” or any other “belligerent acts” against the nation.

However, perhaps a much less humorous side of this reality is illustrated in an October, 2011 advisory sent out to “fusion center”/”counter terrorism” personnel nationwide by Transportation Security Administration (TSA, a component of U.S. DHS) Office of Intelligence Field Intelligence Officer Larry Tortorich. In this advisory, focused on a planned October 6 Occupy New Orleans march, Tortorich opined: “the potential always exists for extremists to exploit or redirect events such as this or use the event to escalate or trigger their own agendas. […] Jihadists recently discussed how they can benefit from the Occupy Wall Street protests that have been ongoing in New York City, and suggested ‘that their continuation will make the enemy lose focus on the wars abroad.'” [It is not known what “Jihadists” Tortorich referenced.]

It is also worth noting that, according to records obtained by DBA/CMD, when President Barack Obama visited the Phoenix area in January of 2012, ACTIC personnel monitored associated NDAA 2012 protests. Furthermore records indicate that the U.S. Capitol Police Office of Intelligence Analysis (working with the U.S. Department of Homeland Security) had monitored Arizona protest activity aimed at NDAA 2012 in February of 2012.

In any event, let’s get back to Dowhan. While records obtained by DBA/CMD do show that Dowhan spent tremendous amounts of time trolling the Facebook pages of citizens engaged in Occupy Phoenix, as well as other Occupy Wall Street and activist groups, during 2011 and 2012, the mere culling of “open source intelligence” was not the extent of Dowhan’s U.S. Department of Homeland Security-funded activities.

Records obtained by DBA/CMD show multiple instances in which Dowhan attempted to identify citizens believed to be active in the Occupy Phoenix/Occupy Wall Street movement (though not believed to have committed any crime — other than an allegation of marijuana use, as discussed below) through the use of biometric data analysis applied to photos found on Facebook.

One example of the use of this facial recognition technology is as follows:

On November 18, 2011, ACTIC received information pertaining to an individual reported to be involved with Occupy Phoenix. This information came in the form of an anonymous tip submitted to ACTIC personnel through the Silent Witness “web tip” program (a service provided to ACTIC personnel by The Silent Witness, Inc., a private non profit corporation).

The anonymous tip stated:

“Met an Occupy nut online, she says she’s from your area […] She appears to be involved with some sort of violent organization. Has expressed intent to ‘take down the local power structure,’ desire to be killed in violent resistance as a martyr: ‘GOOD KILL US. That will really make people mad!'”

The anonymous “tipster” (records identified the source of this information as being “Web Tipster,” and Dowhan subsequently referred to the informant as “the tipster”) then went on to state that the “Occupy nut” “[had] indicated knowledge of specific plans for violent revolt, knowledge of bomb-related activities. When pressed further was reticent, claimed she did not want to give more details on the plans due to ‘outstanding warrants and paranoia’. [sic]”

In closing, the “tipster” wrote:

“Additionally, since I’m aware no crime has technically been committed there (apart for whatever the warrants are for), I’ve got an actual crime for you as well: illegal possession/use of marijuana, I’ve seen her smoking it on camera. I will attempt to get a picture in the future. [Paragraph break] I’m well aware that the threat of violence sounds like someone yanking my chain, and it quite possibly is, but she sounds serious about this and I feel it’s better to falsely report than to not report an actual threat.”

The anonymous “tipster” then went on to identify the “Occupy nut” as being a 20-year-old female known as “Amber.” The tipster stated that the young woman was unemployed and living with her twin sister and father. The tipster also provided ACTIC personnel with a photograph of what appears to be a teen-aged girl wearing eye glasses seated in front of a computer (the photo appears to have been taken by a monitor-mounted camera).

ACTIC PPDHD “Terrorism Liason All-Hazards Analyst” Dowhan immediately followed up on this tip on November 18, 2011, by distributing information contained in the anonymous tip to PPDHDB personnel.

In a December 23 email from Dowhan to PPDHDB Det./ACTIC TLO Christopher “CJ” Wren, PPDHDB Det./ACTIC TLO Rohme and PPDHDB Det. Robert Bolvin, Dowhan stated that she had attempted to identify “Amber” through the use of facial recognition technology, but that the attempt had failed.

“We have a Facebook photo and tried to do facial recognition, but she was wearing glasses,” wrote Dowhan in the December 23 email.

The facial recognition resources that Dowhan utilized in her efforts to identify individuals believed to be associated with Occupy Wall Street groups are provided through the ACTIC Facial Recognition Unit, a unit housed within ACTIC and operated by the Maricopa County Sheriff’s Office (MCSO).

According to records obtained from the Arizona Department of Homeland Security by DBA/CMD, the ACTIC Facial Recognition Unit has the ability to match biometric data contained in photographs — such as those found on Facebook — with biometric data contained in roughly 18 million Arizona Driver’s License photos, 4.7 million Arizona county/municipal jail “booking” photos, 12,000 photos contained in the “Arizona Sex Offender Database,” and 2 million photos available through the Federal Joint Automated Booking System.

The ACTIC Facial Recognition Unit, according to these AZDOHS records, also has the ability to utilize “portable units” during “special events.” And, according to AZDOHS records, MCSO has requested additional U.S. DHS funding in order to purchase additional “facial recognition video capture” technologies.

The ACTIC Facial Recognition Unit currently utilizes technology and services purchased from Hummingbird Defense Systems, Inc. (HDSI, a Nevada corporation allegedly headquartered in Phoenix, but which has had its status as an active corporation revoked in both Nevada and Arizona since at least 2008). HDSI purports to have partnered with Detaq Solutions in 2002 in the development of a biometric surveillance system for the Beijing Public Security Bureau. Part of this system, according to HDSI, was a “centralized biometric database […] that was deployed to help secure Tiananmen Square.” As such, HDSI boasts that this system “was awarded ‘National Technology Treasure’ status by the Ministry of Public Security of China.”

Tiananmen Square was, of course, the site of the massacre of hundreds of peaceful Chinese student protestors by People’s Republic of China armed forces on June 4, 1989. The students, demanding government reform, had occupied the square for weeks prior to the massacre. The site, and the “June 4 Massacre,” have remained significant rallying points to government reform activists in China.

All Actors in Play: the Facebook Queen, the Creepy Guy, Public-Private Partnerships, and Paid Cops

Occupy Phoenix was not a large operation. Despite a relatively large turnout during the group’s inaugural march on October 15, 2011 (which peaked at about 1,000 participants), the Occupy Phoenix encampment in Cesar Chavez Plaza typically saw fewer than 50 “occupiers.” So, given the galvanizing force offered in opposition to ALEC throughout the spectrum of the Phoenix activist community, protests of the 2011 ALEC SNPS were, by far, the most well-attended Occupy Phoenix protest events to take place during 2011 or 2012, aside from the initial October 15, 2011 march.

The largest of these protests was held on the morning of the first full day of the conference, November 30, outside the Westin Kierland’s east gate. Protestors, numbering in the hundreds, marched to the gate as ALEC member lawmakers, lobbyists, corporate executives, and right-wing ‘think tank’ luminaries were ushered into the resort through security check points. Arizona Governor Brewer was to be the keynote speaker at the day’s ALEC luncheon, held in one of the Kierland’s many grand dining rooms.

At about 9:40 a.m., an incident took place between protestors and riot gear-clad PPD “mobile field force” officers who had established a “tactical response unit” (TRU) outside the Kierland’s eastern gate. All told, five protestors were arrested on charges of trespassing and “crossing a police line” during this incident.

Following the arrests, PPD officials told local media that officers had been attacked by wild-eyed “anarchists” brandishing “nail filled sticks” and that these “anarchists” had attempted to overthrow police barricades with metal poles. These attacks, according to PPD officials parroted in media accounts, had “forced” officers to deploy amounts of oleoresin capsicum (“OC”) spray into the crowd and make the five arrests.

Interestingly, this PPD version of events, wherein officers were provoked by violent “anarchists” with “nail filled sticks,” seems to have little semblance to reality.

The following version of events that took place outside the east gate of the Westin Kierland, at approximately 9:40 a.m., November 30, 2011, is based on video evidence that resulted in the dismissal of charges against one of the activists arrested, as well as photographs and police records obtained from PPDHDB/PPD by DBA/CMD:

At approximately 9:40 a.m., several PPD officers (many of whom did not wear any identification, in violation of departmental policy), deployed as part of a TRU, were met by a group of protestors who had marched to the eastern entrance of the resort and stopped approximately 50 feet from a barrier line established by TRU officers. Protestors at the front of the group held a large banner. Behind these protestors were a number of other protestors. Some of these other protestors held signs, and some played marching band music on musical instruments. The crowd of protestors, contrary to PPD accounts, was not composed entirely, or mostly, of “anarchists.” Present at this protest were members of Occupy Phoenix, members of several immigrants’ rights groups, members of indigenous rights groups, members of faith-based groups, concerned citizens, as well as a small group of individuals who described themselves as being “anarchists.”

The protest group having stopped well outside the established police barricade line, four protestors moved to the front of the large banner at the head of the procession and sat passively on the ground — remaining several (approximately 30 to 40) feet from the police barricades.

Shortly after these four protestors had seated themselves, several TRU officers picked up a metal barricade, carried it over to where the protestors sat, and pushed the barricade down on top of them, as if to crush the protestors. At this point, another protestor, Ezra Kaplan, a member of the Occupy Phoenix media group, walked over to where the police were pushing the barricade down on protestors and started taking pictures with his camera. The TRU officers then lifted the metal barricade over the seated protestors and shoved it directly into the banner, pinning the cameraman between the police line and the banner. Protestors then began to shout: “we’re non-violent,” at which point the four seated protestors and Kaplan were grabbed by officers, rushed onto resort property and arrested on charges of “crossing a police line” and trespassing. At this point, TRU officer PPD Violent Crimes Bureau Gang Enforcement Unit Detective Gregory Liebertz, reached into the crowd, grabbed the banner and began spraying protestors with OC spray. This officer was joined by several other officers in pulling, tearing, and eventually stomping the banner. Simultaneously, several other officers also deployed OC spray on the protestors. With the onset of this police aggression, the protestors temporarily disbanded and retreated.

At no point does this video footage show any sign of crazed “anarchists” (or any other protestor) swinging “nail filled sticks” at officers, or of “anarchists” (or other protestors) attempting to overturn police barricades.

In reality, the TRU/”mobile field force” officers had been working under the command of PPD Sgt. Eric Harkins. According to records obtained by DBA/CMD, at the time of this incident Harkins was actually off-duty, earning $35 per hour as a private security guard employed by ALEC, under the direction of Westin Kierland Director of Security Phil Black. Records show that, by the time SNPS ended, Harkins had earned $630 for security services rendered to ALEC and Westin Kierland during November 30 and December 1.

Harkins wasn’t alone in this paid service to ALEC/Westin Kierland. Records indicate that ALEC/Westin Kierland had hired 49 active duty and 9 retired PPD officers to act as private security during the conference. All told, ALEC/Westin Kierland paid out a total of $36,015 in “off-duty” pay to these officers.

[Note: records obtained by DBA/CMD relating to this off-duty job detail clearly state that the “client company” for this event was ALEC. As previously discussed, other records obtained by DBA/CMD show that Westin Kierland Director of Security Black, clearly working for the benefit of ALEC, had coordinated closely with both ALEC personnel and PPDHDB/ACTIC personnel in preparation for this event.]

It is not known how many of these off-duty PPD officers working as private security for the ALEC conference were involved in the TRU/”mobile field force” incident at the Westin Kierland east gate, but it is known that Harkins and another off-duty officer working as private ALEC/Kierland security, Eric Carpenter (paid a total of $630 by ALEC/Kierland for services rendered), personally arrested the Occupy Phoenix photographer, Ezra Kaplan. Furthermore, Officer Carpenter’s report of the incident (actually filed as the joint report of both Harkins and Carpenter) explicitly states that Sgt. Harkins had “advised nearby officers to place [the four seated protestors] under arrest.”

As further stated in the Harkins/Carpenter report, off-duty officers had attended a briefing prior to the protests at which they were told, by PPD Off-Duty Job Coordinator Officer Tim Moore (who was paid $2,065 by ALEC/Kierland for services rendered under the direction of Black during the conference. Moore had also attended several meetings of both ACTIC and ALEC personnel regarding the planned protests, some of which were also apparently attended by PPDMOB Career Criminal Squad Sgt. Van Dorn and PPDMOB undercover detective Saul Ayala) that “no protestors were wanted on resort property and that the resort would want prosecution.” And, indeed, the five protestors arrested at the Kierland’s east gate were prosecuted — based, in part, on demonstrably false claims made by these off-duty police officers.

As for the presence of “mobile field force”/TRU officers at the gates of the Westin Kierland Resort and Spa during the ALEC SNPS, records obtained by DBA/CMD show that Black, citing an “article” he had been given by personnel employed by ALEC, had discussed the possibility of deploying a “mobile field force” to the grounds of the resort during the conference with PPDHDB Det./ACTIC TLO Rohme.

The article cited by Black as grounds for this “mobile field force” presence (“Occupy Wall Street Gets More Violent”) was written by Heritage Foundation Assistant Director of Strategic Communications Mike Brownfield, and had been published in a Heritage Foundation newsletter. Conspicuously absent from records obtained by DBA/CMD relating to the acquisition of a “mobile field force” apropos the Heritage Foundation “article,” is any disclosure on the part of ALEC personnel (or personnel working on behalf of ALEC, including Black) of the fact that Heritage is an ALEC member ‘think tank,’ co-founded by ALEC founder Paul Weyrich, and financed by many of the very same corporate interests that comprise ALEC “private sector” membership.

What’s more, according to records obtained by DBA/CMD, off-duty officers employed as private security for ALEC/Kierland had been given “face sheets,” generated by PPDHDB, containing the photographs (mostly driver’s license photos) of 24 Phoenix and Tucson-area activists listed as “persons of interest to the ALEC conference.” Such activists listed on the ALEC “face sheet” included members of Occupy Phoenix, anarchists, prison reform activists, members of Phoenix Cop Watch (a watchdog group that seeks to police unscrupulous or illegal actions of local law enforcement) and others.

While the exact purpose of the ALEC “face sheet” is unknown, since none of the activists listed on the sheet (with the exception of one activist who had been arrested prior to the ALEC event) were wanted in relation to any alleged crime at the time of the ALEC conference. For his part, PPD Public Information Officer Crump declined to answer any questions relating to the ALEC “face sheet.” Nevertheless, a November 17 email sent from ACTIC/PPDHDB “Terrorism Liaison All-Hazards Analyst” Dowhan to ACTIC/DPS Intelligence Bureau Analyst Annette Roberts may provide some insight to PPDHDB/ACTIC motives [Note: DPS Northern Intelligence District Commander, Captain Steve Harrison, did not respond to requests seeking information pertaining to Roberts’ position within DPS. Records do, however, suggest that Roberts is most likely a DPS Intelligence Bureau analyst]:

“The ACTIC has identified groups that intend ‘Shut ALEC Down.’ While some may merely protest the event, such as Anti-SB1070 and the Occupy Phoenix movement, anarchist groups have shown a determination to disrupt and shut down the event with the use of violent tactics experienced by other states hosting these meetings. The Phoenix Police Department is taking the lead to identify and intercept persons they believe to pose a threat to the event or attendees.”

It should be noted that, regardless of Dowhan’s assertions, previous ALEC conferences were not — by any stretch of the imagination — subject to any “violent tactics” perpetrated by “anarchists” (or any other individuals). Indeed, the sole arrest to have occurred at any ALEC conference protest prior to the Scottsdale ALEC SNPS took place in New Orleans in August of 2011, during the ALEC Annual Meeting held at the Marriott New Orleans French Quarter Hotel. According to New Orleans Police Department records, on August 5 an officer (who was off-duty, working as private security for the ALEC conference) arrested a male subject for allegedly spray painting an “unknown symbol resembling the letter ‘A’ with a circle around it (in red color)” on Marriott property.

Nevertheless, this much, regarding the application of the ALEC “face sheet,” is known: during the ALEC protest on the morning of November 30, 2011, Jason Odhner, a Quaker street medic working with the Phoenix Urban Health Collective, was handcuffed by a police officer, who was likely off-duty and working as private security for ALEC/Kierland, while walking across a slim portion of the the Kierland golf course and detained in the back of a police vehicle for more than an hour (though he was not charged with any crime). At the time of Odhner’s false arrest, he had been seeking treatment for a protestor who was suffering from heat-related symptoms. Not surprisingly, Ohdner’s name and driver’s license photo were present on the ALEC “persons of interest” “face sheet.”

According to both a copy of the ALEC “face sheet” and other records obtained by DBA/CMD, officers equipped with this “face sheet” were instructed — by none other than the sheet’s creator, ACTIC “Terrorism Liaison All-Hazards Analyst” Brenda Dowhan — to destroy all copies of the “face sheet” after the ALEC event. And, as most — if not all — of the activists pictured on the ALEC “face sheet” had either known, been Facebook friends with, or been at ALEC protest planning meetings attended by, the “creepy guy” calling himself “Saul DeLara,” it is clear that intelligence provided to Dowhan in the creation of this “face sheet” likely had its origins, at least in part, with the PPDMOB undercover detective who had infiltrated the Phoenix activist community.

Beau Hodai is a freelance journalist and publisher of DBA Press, an online news publication and source materials archive. He can be reached at publisher@dbapress.com

By Beau Hodai / PR Watch May 22, 2013

Find this story at 22 May 2013

Copyright alternet.org

The Occupy Wall Street protests have been going on for a month. And it seems the FBI and NYPD have had help tracking protesters’ moves thanks to a conservative computer security expert who gained access to one of the group’s internal mailing lists, and then handed over information on the group’s plans to authorities and corporations targeted by protesters.

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Since the Occupy Wall Street protest began on September 17, New York security consultant Thomas Ryan has been waging a campaign to infiltrate and discredit the movement. Ryan says he’s done contract work for the U.S. Army and he brags on his blog that he leads “a team called Black Cell, a team of the most-highly trained and capable physical, threat and cyber security professionals in the world.” But over the past few weeks, he and his computer security buddies have been spending time covertly attending Occupy Wall Street meetings, monitoring organizers’ social media accounts, and hanging out with protesters in Lower Manhattan.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD
As part of their intelligence-gathering operation, the group gained access to a listserv used by Occupy Wall Street organizers called September17discuss. On September17discuss, organizers hash out tactics and plan events, conduct post-mortems of media appearances, and trade the latest protest gossip. On Friday, Ryan leaked thousands of September17discuss emails to conservative blogger Andrew Breitbart, who is now using them to try to smear Occupy Wall Street as an anarchist conspiracy to disrupt global markets.

What may much more alarming to Occupy Wall Street organizers is that while Ryan was monitoring September17discuss, he was forwarding interesting email threads to contacts at the NYPD and FBI, including special agent Jordan T. Loyd, a member of the FBI’s New York-based cyber security team.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

On September 18th, the day after the protest’s start, Ryan forwarded an email exchange between Occupy Wall Street organizers to Loyd. The email exchange is harmless: Organizers discuss how they need to increase union participation in the protest. “We need more outreach to workers. The best way to do that is by showing solidarity with them,” writes organizer Jackie DiSalvo in the thread. She then lists a group of potential unions to work with.

Another organizer named Conor responds: “+1,000,000 to Jackie’s proposal on working people/union struggles outreach and solidarity. Also, why not invite people to protest Troy Davis’s execution date at Liberty Plaza this Monday?”

Five minutes after Conor sent his email, Ryan forwarded the thread—with no additional comment—to Loyd’s FBI email address. “Thanks!” Loyd responded. He cc’d his colleague named Ilhwan Yum, a fellow cybersecurity expert at the agency, on the reply.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

On September 26th, Ryan forwarded another email thread to Agent Loyd. But this time he clued in the NYPD as well, sending the email to Dennis Dragos, a detective with the NYPD Computer Crimes Squad.

The NYPD might have been very grateful he did so, since it involved a proposed demonstration outside NYPD headquarters at 1 Police Plaza. In the thread, organizers debated whether to crash an upcoming press conference planned by marijuana advocates to celebrate NYPD commissioner Ray Kelly ordering officers to halt arrests over possession of small amounts of marijuana.

“Should we bring some folks from Liberty Plaza to chant “SHAME” for the NYPD’s recent brutalities on Thursday night for the Troy Davis and Saturday for the Occupy Wall Street march?” asked one person in the email thread. (That past Saturday, the video of NYPD officer Anthony Bologna pepper-spraying a protester had gone viral.) Ryan promptly forwarded the email thread to Loyd at the FBI and Dragos at the NYPD.

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Interestingly, it was Ryan who revealed himself as a snitch. We learned of these emails from the archive Ryan leaked yesterday in the hopes of undermining the Occupy Wall Street movement. In assembling the archive of September17discuss emails, it appears he accidentally included some of his own forwarded emails indicating he was ratting out organizers.

“I don’t know, I just put everything I had into one big package,” Ryan said when asked how the emails ended up in the file posted to Andrew Breitbart’s blog. Some security expert.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

But Ryan didn’t just tip off the authorities. He was also giving information to companies as well. When protesters discussed demonstrating in front of morning shows like Today and Good Morning America, Ryan quickly forwarded the thread to Mark Farrell, the chief security officer at Comcast, the parent company of NBC Universal.

Ryan wrote:

Since you are the CSO, I am not sure of your role in NBC since COMCAST owns them.
There is a huge protest in New York call “Occupy Wall Street”. Here is an email of stunts that they will try to pull on the TODAY show.

We have been heavily monitoring Occupy Wall Street, and Anonymous.
“Thanks Tom,” Farrell responded. “I’ll pass this to my counterpart at NBCU.”

Did the FBI and/or NYPD ask him to monitor Occupy Wall Street? Was he just forwarding the emails on out of the goodness of his heart? In a phone interview with us, Ryan denied being an informant. “I do not work with the FBI,” he said.

Ryan said he knows Loyd through their mutual involvement in the Open Web Application Security Project, a non-profit computer security group of which Ryan is a board member. Ryan said he sent the emails to Loyd unsolicited simply because “everyone’s curious” about Occupy Wall Street, and he had a ground-eye view. “Jordan never asked me for anything.”

Was he sending every email he got to the authorities? Ryan said he couldn’t remember how many he’d passed on to the FBI or NYPD, or other third parties. Later he said that he only forwarded the two emails we noticed, detailed above.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

But even if he’d been sending them on regularly, they were probably of limited use to the authorities. Most of the real organizing at Occupy Wall Street happens face-to-face, according to David Graeber, who was one of the earliest organizers. “We did some practical work on [the email list] at first—I think that’s where I first proposed the “we are the 99%” motto—but mainly it’s just an expressive forum,” he wrote in an email. “No one would seriously discuss a plan to do something covert or dangerous on such a list.”

But regardless of how many emails Ryan sent—or whether Loyd ever asked Ryan to spy on Occupy Wall Street—Loyd was almost certainly interested in the emails he received. Loyd has helped hunt down members of the hacktivist collective Anonymous, and he and his colleagues in the FBI’s cyber security squad have been monitoring their involvement in Occupy Wall Street.

Meet the Guy Who Snitched on Occupy Wall Street to the FBI and NYPD

At a New York cyber security conference one day before the protest began, Loyd cited Occupy Wall Street as an example of a “newly emerging threat to U.S. information systems.” (In the lead-up to Occupy Wall Street, Anonymous had issued threats against the New York Stock Exchange.) He told the assembled crowd the FBI has been “monitoring the event on cyberspace and are preparing to meet it with physical security,” according to a New York Institute of Technology press release.

We contacted Loyd to ask about his relationship with Ryan and if any of the information Ryan passed along was of any use to the agency. He declined to answer questions and referred us to the FBI’s press office. We’ll post an update if we hear back from them.

We asked Ryan again this morning about how closely he was working with the authorities. Again, he claimed it was only these two emails, which is unlikely given he forwarded them to the FBI and NYPD without providing any context or explaining where he’d gotten them.

And he detailed his rationale for assisting the NYPD:

My respect for FDNY & NYPD stems from them risking their lives to save mine when my house was on fire in sunset park when I was 8 yrs old. Also, for them risking their lives and saving many family and friends during 9/11.

Don’t you find it Ironic that out of all the NYPD involved with the protest, [protesters] have only targeted the ones with Black Ribbons, given to them for their bravery during 9/11?

I am sorry if we see things differently, I try to look at everything as a whole and in patterns. Everything we do in life and happens in life, there is a pattern behind it.

Adrian Chen
10/15/11 4:47pm

Find this story at 15 October 2011

Copyright gawker.com