Inside the Surveillance State: How Peaceful Activists Get Swept Up onto "Terrorist" Watch Lists
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In his 2010 report, " A Review of the FBI's Investigation of Certain Domestic Advocacy Groups," Glenn Fine, the (now retired - and not replaced) inspector general of the Justice Department, concludes that the FBI had "little or no basis" for investigating many advocacy groups and individuals, and that it made false and misleading statements to the public and Congress to justify its surveillance of an antiwar rally organized by a peace and social justice organization, the Thomas Merton Center of Pennsylvania. Not only did it routinely classify actions involving nonviolent civil disobedience as "Acts of Terrorism matters," it also, "relied upon potential crimes that may not commonly be considered 'terrorism' (such as trespassing or vandalism)" to get people placed on watch lists and their travels and interactions tracked.
Around the country, databases have swelled with information about antiwar and other protests that are classified as "potential terrorist activity." Intelligence oversight reports indicate that the Pentagon, which defined protest in training materials as "low-level terrorism activity," monitored and shared intelligence on groups ranging from Alaskans for Peace and Justice to Planned Parenthood, and used Army signals intelligence in Louisiana to intercept civilian cell phone conversations. It was revealed late in 2005 that the DoD had a secret database called Theart and Local Observation Notice (TALON) maintained by its Counterintelligence Field Activity (CIFA) unit. Among its 13,000 reports were dozens detailing antiwar activity, along with photos of protesters. Meetings were sometimes infiltrated and information widely shared among partner agencies. Events classified as "threats" included the gathering of activists at a Quaker meeting house in Lakewood, Florida, to plan a protest of military recruiting at the local high school, a Boston protest outside a military recruiting center and a peace march through the streets of Akron, Ohio, tailed by local police who had been tipped off by the Pentagon.
Although CIFA was disbanded after the extent of its spying was revealed, the TALON database has been preserved and is expected to be part of a new repository of information housed at the Pentagon's Defense Counterintelligence and Human Intelligence Center. A notice in the Federal Register for June 15, 2010, states that the new repository will have a broad domestic and homeland security mandate and will amass personal data, citizenship documentation, biometric data and "reports of investigation, collection, statements of individuals, affidavits, correspondence, and other documentation pertaining to investigative or analytical efforts by the DoD and other US agencies to identify or counter foreign intelligence and terrorist threats."
The Posse Comitatus Act's substantial limitations on the use of the military in domestic law enforcement appear to have all but vanished. Indeed, in Washington State, John Towery - a member of Force Protection Service at Fort Lewis who infiltrated and spied on peace groups in Olympia and shared information with the Army, JTTF, the FBI, local police departments and the state fusion center - is being sued by groups claiming his undercover surveillance violated the Act. A document leaked by WikiLeaks outlines how a "fusion cell" in a military police garrison integrated with local, county, regional, state and federal law enforcement can avoid the usual constraints on military intelligence by operating "under the auspice and oversight of the police discipline and standards." In the words of former Olympia City Council member T.J. Johnson, who was one of the people spied on by Towery, "The militarization of domestic law enforcement is one of the more disturbing trends in recent years."
Leaks from fusion centers reveal that peace groups share a place on surveillance databases with environmental groups, animal rights groups, student groups, anti-death penalty organizations, Muslim organizations, conspiracy theorists, Ron Paul supporters, the American Civil Liberties Union (ACLU), the Nation of Islam and "Black Extremists." The Virginia Fusion Center cited various historically black colleges and universities as potential "radicalization nodes" for terrorists. The Maryland State Police, which works with the FBI as part of a JTTF and shares information with the state's fusion center, infiltrated protest activity, kept error-ridden "terrorist" files on activists and was notified by the Department of Homeland Security (DHS) about what groups should be monitored. Bette Hoover, a retired nurse who is a grandmother and Quaker antiwar activist, was surprised when documents came to light listing her as a member of People for the Ethical Treatment of Animals (PETA) and direct action group The Ruckus Society - organizations she never belonged to - and placing her at demonstrations she had never attended. She now understands why she receives special scrutiny at airports.