Spread the word » Facebook Twitter

 Defending Dissent Foundation

October 2012

At Defending Dissent Foundation, we believe it's possible to fight hate, intolerance and bigotry without limiting First Amendment rights. In fact, calls for the government to curb free speech will surely backfire, silencing us, not our enemies.  So how are we to promote tolerance and justice as this tsunami of Islamaphobia and hate swamps our country?

We believe we have to start by fighting the intolerance that emanates from within the government.  Senator Durbin (D-IL) convened a hearing on hate crimes in response to the massacre at a Sikh Temple in Wisconsin this summer. Unfortunately, the hearing ignored the fact that racial, ethnic and religious profiling by law enforcement sets an example that actually promotes intolerance and hate. In our testimony to the committee, we urged the Senate to look closely at how law enforcement practices such as FBI infiltration of Mosques without any suspicion of criminal activity and the New York Police Department‘s egregious surveillance, mapping and infiltration of the Muslim community support intolerance, bigotry and even hate crimes.  When law enforcement treats an entire community as potential criminals, is it any wonder that they become targets of hate crimes?  Specifically, we want Congress to pass the End Racial Profiling Act, write legislation to tighten the FBI guidelines which allow agents to use racial, religious and ethnic profiling, and hold hearings on the national Suspicious Activities Reporting program. 

The offensive anti-Muslim video that led to violent protests and attacks on U.S. embassies abroad has led to attacks on the First Amendment here at home.  Should the First Amendment even protect blasphemy?  We think so.  DDF Secretary Treasurer Hussein Ibish, writing for LebanonNow.com argues that “Blasphemy is an indispensable human right. Without the right to engage in blasphemy, there can be no freedom of inquiry, expression, conscience or religion.”  

We know that repression flourishes where free speech is denied, and our government already has too many tools at its disposal to silence us.  Let's not give them more ammunition.

In Solidarity, 
Sue

October Newsletter:

LEGISLATIVE
New Senate Report on Fusion Centers
Finds that Fusion Centers are "pools of ineptitude, waste and civil liberties intrusions"
Whistleblower Bill Passes House
"The strongest whistleblower protections ever"
FISA Amendments Act
The House voted 301-118 to extend the warrantless wiretap bill for another 5 years, as per the Obama Administration’s request.

COURT DECISIONS
Austin
An anniversary present to Occupy Austin
UC Davis
$1,000,000 settlement for pepper spray incident
Chicago
Unsonstitutional curfew
Arizona
Tatts are protected speech!
UPDATES
Cleveland 5
Guilty pleas for 4 people ensnared in FBI terror plot
2010 FBI Raids - 2 years later
Still no charges, but case remains open.
SURVEILLANCE
New Toy for Police
GUANTANAMO
Omar Khadr leaves gitmo
Gitmo statistics


LEGISLATION 
Senate Report: Fusion Centers Are Worthless
We’ve known for a long time that fusion centers are “pools of ineptitude, waste and civil liberties intrusions,” so it’s nice that the Senate finally figured that out also. There are 77 of these centers around the country, created to coordinate the sharing of information about potential terrorist threats between and among federal, state and local agencies, as well as private entities. In truth though, most of the information shared or developed at fusion centers had little to do with terrorism, but a lot to do with invading our privacy.

The report is the result of a two year long bi-partisan investigation of a subcommittee of the Senate Homeland Security Committee led by Senators Levin (D-MI) and Coburn (R-OK). These guys are not known as champions of civil liberties – so the fact that they were shocked says an awful lot. In a press release, Senator Coburn said, “it’s troubling that the very ‘fusion’ centers that were designed to share information in a post-9/11 world have become part of the problem. Instead of strengthening our counterterrorism efforts, they have too often wasted money and stepped on Americans’ civil liberties.”

The investigation found that reports developed by fusion centers were “shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections, occasionally taken from already published public sources, and more often than not unrelated to terrorism.” Well, we could have told them that! We’ve had to rely on leaks to see fusion center reports, but we do have a favorite: the Virginia Fusion Center’s 2009 Terrorism Threat Assessment that seemed to peg everyone in Virginia as a potential terrorist – including the Girl Scouts. Read my summary of the report here, or the full report here.

The Senate report criticizes the Department of Homeland Security for lax oversight, but the folks at DHS are pretty good at ineptitude, waste and civil liberties intrusions themselves. They’ve produced some pretty stunningly bizarre intelligence reports of their own. Again, we have a favorite: a 2009 “Rightwing Extremist Threat” report identifying returning veterans as potential terrorists. (See that one here).

Levin and Coburn noted that DHS can’t even say how much money they have spent on fusion centers, only offering an estimate of between $289 million and $1.4 billion (that’s a $1 billion margin of error). Nor could DHS offer any evidence showing how fusion centers had helped prevent any acts of terrorism. Mike Sensa, the president of the National Fusion Center Association (which advocates on behalf of fusion centers) made a pathetic attempt to justify fusion centers by telling the Washington Post that over the past decade, those 77 fusion centers have “shared with the Terrorist Screening Center some 200 “pieces of data” that provided “actionable intelligence.”

The 141 page report was released late yesterday – please check our blog for more analysis as we get a chance to read the full report.

Whistleblower Bill Passes House
The Whistlebower Protection Enhancement Act (S.743) passed the House by unanimous consent on September 28. The Senate is expected to approve the bill when it returns to a lame duck session after the election. The bill puts into place the strongest whistleblower protections in our history, giving millions of federal workers the rights they need to safely expose government wrongdoing. Unfortunately the bill does not protect federal intelligence workers, so national security whistleblowers will continue to be prosecuted for exposing government crimes unless President Obama takes executive action to provide an effective, responsible avenue for reporting government wrongdoing.

FISA Amendments Act
The House voted 301-118 to extend the warrantless wiretap bill for another 5 years, as per the Obama Administration’s request. You’ll remember that Congress passed the FAA (FISA Amendments Act) in 2008, in effect legalizing President Bush's controversial warrantless wiretap program, and granting retroactive immunity to the phone companies who broke the law to facilitate the wiretaps. Then-Senator Obama voted for the bill.

The Senate will consider the FAA during the lame duck session after the election. The Intelligence Committee has passed a bill similar to the House-passed bill, but the Judiciary Committee has added a few protections. Their version extends the bill for three years rather than five, and requires the Inspector General to “conduct a comprehensive review of the implementation of the FISA Amendments Act, with particular regard to the protection of the privacy rights of United States persons.” The IG is also required to release a declassified summary of the review.

That review is crucial, because know almost nothing about how the FAA has been implemented or about the scope of the surveillance that's being conducted under the Act. But what we do know raises serious concerns:

 the NSA intercepts 1.7 billion emails, phone calls and other communications every single day. (Washington Post, 7/19/2010)

 the NSA says it cannot even give a rough estimate of the number of Americans whose communications have been swept up. (Wired.com, 6/18/2012)

 the NSA has reportedly overstepped the bounds of this very lax law, intercepting private emails and phone calls of Americans illegally. (New York Times, 4/16/2009)

 all those communications are stored on a searchable database, allowing the government to get information on specific Americans without any suspicion that they have committed a crime. (Huffington Post, 9/6/2012)

COURT DECISIONS
Austin
Last fall, Occupy protester Rodolfo Sanchez was arrested for trespassing at City Hall Plaza, the site of Occupy Austin. He spent two days in jail and was a served with a criminal trespass notice which banned him from the Plaza and City Hall for one year. Kristopher Sleeman was also arrested at Occupy Austin, on an outstanding two year old warrant for going through a stop sign on his bicycle. He too was charged with trespassing and banned from the Plaza and City Hall for a year.

About 80 other occupiers were also arrested for trespass and banned from the Plaza, making it an effective tool to weaken the movement.

According to OA activist Kit O’Connell, “The criminal trespass notices and arrests had a profound effect on Occupy Austin. Suddenly dozens of its key members could no longer come onto the site of its major encampment. Some took to protesting and holding meetings across Cesar Chavez Street on a tiny patch of land which is technically Margaret Hoffman Oak Park, but became known as ‘Exile Island.’”

Sanchez and Sleeman challenged the trespass notices, and on September 27 – a U.S. District Court Judge ruled that the ban violated both the First and Fourteenth Amendments – just in time for OA’s one-year anniversary.

Chicago
The curfew that Chicago police cited as the reason to arrest more that 300 Occupy activist protesting in Grant Park nearly a year ago has been ruled unconstitutional by a Cook County Court Judge. The Chicago Chapter of the National Lawyers Guild had argued that the curfew was unconstitutional, and unevenly applied (referencing the famous victory rally in the same park on election night in 2008 where no one was arrested). The judge dismissed the 92 cases brought before him with prejudice. It’s uncertain what effect the ruling will have on the majority of those arrested who had agreed to do community service to avoid the possibility of a conviction.

Arizona
The Supreme Court of Arizona has ruled that tattooing is a purely expressive activity fully protected by the First Amendment. The city of Mesa had sought to deny a zoning permit to a tattoo parlor, the owners fought the decision on First Amendment grounds. 

UC Davis

The University of California Regents have agreed to pay out about $1 million to settle the lawsuit brought by 21 students who were pepper-sprayed during a peaceful protest on campus last fall. Each of the 21 protesters will get about $30,000 and a written apology from the school's Chancellor. The judge has granted class action status to other students at the protest not named in the lawsuit who may have been affected – the agreement sets aside $100,000 to compensate them.

Campus Police pepper spray protesters at UC Davis

UPDATES
Cleveland 5
(Previously Reported: Five “self-described anarchists” took part in an FBI-led plot to bomb a bridge in Cleveland on May Day. In August, one of the five pleaded guilty and agreed to testify against the rest.)

It was only a matter of time. After Anthony Haynes agreed to testify against them, the other members of the Cleveland 5 had little choice but to plead guilty also. So, on September 5, the FBI announced that Douglas Wright, Brandon Baxter, and Connor Stevens had pleaded guilty to conspiracy to use a weapon of mass destruction, attempted use of a weapon of mass destruction, and attempted use of an explosive device to destroy property used in interstate commerce. The one remaining defendant, Joshua Stafford, is undergoing an examination and competency hearing. Rolling Stone magazine has a compelling article about the incident called “The Plot Against Occupy: How the government turned five stoner misfits into the world's most hapless terrorist cell.”

From the very beginning of this tale, it was clear that the defendants didn't have the resources, skills, or even the motivation to pull off a serious crime. But the FBI's agent provocateur followed the script we’ve seen in so many cases, creating a terror plot out of nothing.

FBI Raids on Midwest Activists
(Previously reported: On September 24, 2010, the FBI and local police raided the homes and offices of 23 peace and solidarity activists in the Midwest. They seized computers, personal items, books and papers. The activists were subpoenaed to appear before a grand jury to testify about their political activities. They courageously refused to testify.)

No charges have been filed against any of the activists – but the case remains open and one activist, Hatem Abudayyeh, is still waiting for the items seized from him to be returned.

Two years is long enough for the Chicago U.S. Attorney’s office to be prying into the first amendment activities of our friends, trying to find some way to charge them with material support for terrorism. These activists have done nothing wrong; it’s time to officially close the investigation.

Actions were held around the country to mark the anniversary of the raids and to demand an end to the investigation. A press conference featuring several of the subpoenaed activists and their attorneys was held in Chicago, and DDF helped organize a protest at the J. Edgar Hoover FBI Headquarters in Washington D.C.

SURVEILLANCE
New Toy for Police
Undercover cops were more difficult to spot at protests in Tampa this year because they didn’t have to use those old fashioned earphones and microphones up their sleeves. Instead, police got to field-test a new toy that allowed them to blend right in: smartphones. The phones operate on a secure broadband network that allowed police to communicate, take videos and even transmit pictures to be run through facial recognition software if they were curious about the identity of any of the protesters. Note that this software has the ability to identify pretty much anyone with a government photo I.D. (not just those with criminal records).

The goal is to build a secure national broadband network that will bring together all sorts of data: from surveillance cameras, live video feeds from the smart phones, GPS data, and even old-fashioned radio communications.

GUANTANAMO
Omar Khadr, a Canadian citizen, was captured in Afghanistan when he was 15 years old. He was finally released from Gitmo at the end of September at the age of 27, and repatriated to Canada. 

Guantanamo by the Numbers
David Remes, a Guantanamo lawyer has provided this breakdown of detainee numbers:

Total number of detainees held at Gitmo: 779
Population when Obama took office: 242
Present population: 166
Transferred out under Bush: 532
Died under Bush: 5
Transferred out under Obama: 72
Died under Obama: 4
Currently approved for transfer: 86
Number under Indefinite Detention: 46
Awaiting Trial: 31
Convicted: 3

Military Commissions
Convictions under Bush: 3
Transferred: 2 
Still at Gitmo: 1 
Convictions under Obama: 4
Transferred: 2
Still at Gitmo: 2

FBI Raids on Midwest Activists
(Previously reported: On September 24, 2010, the FBI and local police raided the homes and offices of 23 peace and solidarity activists in the Midwest. They seized computers, personal items, books and papers. The activists were subpoenaed to appear before a grand jury to testify about their political activities. They courageously refused to testify.)

No charges have been filed against any of the activists – but the case remains open and one activist, Hatem Abudayyeh, is still waiting for the items seized from him to be returned.