The Crackdown on Dissent - Abby Scher, The Nation
January 30, 2001
Over the past year, the US government has intensified its crackdown on
political
dissidents opposing corporate globalization, and it is used the same intimidating
and probably unconstitutional tactics against demonstrators at the presidential
inauguration. With the Secret Service taking on extraordinary powers designed
to
combat terrorism, undercover operatives are spied on protesters' planning
meetings, while police restricted who is allowed on the parade route and
planned a
massive search effort of visitors.
One activist who has had experience with how the DC police handle demonstrators
is Rob Fish, a cheerful young man with the Student Environmental Action
Coalition
profiled in a recent Sierra magazine cover story on the new generation
of
environmentalists. If you were watching CNN during the protests against
the
International Monetary Fund and World Bank in Washington, DC, in April,
you would
have seen Fish, 22, beaten, bloody and bandaged after an attack by an enraged
plainclothes officer who also tried to destroy the camera with which Fish
was
documenting police harassment.
Fish is a plaintiff in a class-action suit filed by the American Civil
Liberties Union,
the National Lawyers Guild and the Partnership for Civil Justice against
the DC
police and a long list of federal agencies including the FBI. This suit
-- along with
others in Philadelphia and Los Angeles, where the party conventions were
held in
August; in Detroit, which declared a civil emergency during the June Organization
of American States meeting across the border in Windsor, Ontario; and in
Seattle
-- is exposing a level of surveillance and disruption of political activities
not seen on
the left since the FBI deployed its dirty tricks against the Central American
solidarity
movement during the 1980s.
Among police agencies themselves this is something of an open secret. In
the
spring the US Attorney's office bestowed an award on members of the Washington,
DC, police department for their "unparalleled" coordination with other
police
agencies during the IMF protests. "The FBI provided valuable background
on the
individuals who were intent on committing criminal acts and were able to
impart the
valuable lessons learned from Seattle," the US Attorney declared.
Civil liberties lawyers say the level of repression -- in the form of unwarranted
searches and surveillance, unprovoked shootings and beatings, and pre-emptive
mass arrests criminalizing peaceful demonstrators -- violates protesters'
rights of
free speech and association. "It's political profiling," said Jim Lafferty,
director of
the National Lawyers Guild's Los Angeles office, which is backing lawsuits
coming
out of the Los Angeles protests. "They target organizers. It's a new level
of
crackdown on dissent."
In Washington in April and at the Republican National Convention protest
in
Philadelphia last summer, the police rounded up hundreds of activists in
pre-emptive arrests and targeted and arrested on trumped-up charges those
they
had identified as leaders. Once many of those cases appeared in Philadelphia
court, they were dismissed because the police could offer no reason for
the arrests.
In December the courts dismissed all charges against 64 puppet-making activists
arrested at a warehouse. A month before, prosecutors had told the judge
they were
withdrawing all fourteen misdemeanor charges against Ruckus Society head
John
Sellers for lack of evidence. These were the same charges -- including
possession
of an instrument of a crime, his cell phone -- that police leveled against
Sellers to
argue for his imprisonment on $1 million bail this past August.
A major question posed by the lawsuits is whether the federal government
trained
local police to violate the free-speech rights of protesters like Sellers
and Fish. The
FBI held seminars for local police in the protest cities on the lessons
of the Seattle
disorders to help them prepare for the demonstrations. It has also formed
"joint
terrorism task forces" in 27 of its 56 divisions, composed of local, state
and federal
law-enforcement officers, aimed at suppressing what it sees as domestic
terrorism
on the left and on the right. "We want to be proactive and keep these things
from
happening," Gordon Compton, an FBI spokesman, told the Oregonian in early
December after public-interest groups called for the city to withdraw from
that
region's task force.
The collaboration of federal and local police harks back to the height
of the
municipal Red Squads, renamed "intelligence units" in the postwar period.
During
the heyday of J. Edgar Hoover and his illegal Counterintelligence Program
(COINTELPRO), the FBI relied on these local police units and even private
right-wing spy groups for information about antiwar and other activists.
The FBI then
used the information and its own agents provocateurs to disrupt the Black
Panthers, Students for a Democratic Society, Puerto Rican nationalists
and others
during the dark days of COINTELPRO and after that program was exposed in
1971.
Local citizen action won curbs on Red Squad activity throughout the country
in the
seventies and eighties after scandals revealed political surveillance of
the ACLU,
antiwar and civil rights activists, among others. While Chicago police
recently won
a court case to resume their spying, elsewhere police are evading restrictions
by
having other police agencies spy for them. In Philadelphia four state police
officers
who claimed they were construction workers from Wilkes-Barre infiltrated
the
"convergence" space where the activists were making puppets and otherwise
preparing for demonstrations against the Republican convention.
State police (who also monitored activists' Internet organizing) initially
said they
were working with the Philadelphia police department, which was barred
in 1987
from political spying without special permission. And in New York last
spring, police
apparently violated a 1985 ban on sharing intelligence when it helped Philadelphia
police monitor and photograph NYC anarchists at a May Day demonstration.
"We have local Washington, DC, authorities in Philadelphia -- I see no
role for them
there except fingering people who were in lawful demonstrations in DC,"
says Mara
Verheyden-Hilliard of Partnership for Civil Justice, who is representing
the activists
in the DC lawsuit.
Environmental activist Fish ran into a sergeant from the Morristown, New
Jersey,
police department at demonstration after demonstration. The sergeant had
helped
the neighboring Florham Park, New Jersey, police handle a small protest
against a
Brookings Institution session with the World Bank on April 1, where Fish
had
assisted in a dramatic banner hanging. At the May Day protest in New York,
"much
to my surprise," he ran into not just the Morristown officer but "the whole
crew" he
had seen in DC a few weeks before, including officers from DC and Philadelphia,
and now even someone from the Drug Enforcement Administration.
"They knew all about me being beat up in DC and that my camera was lost,"
he
said. In DC they had revealed that they knew he'd been to a Ruckus Society
training
in Florida during spring break. They were very open about who they were,
some
handing Fish their business cards.
Capt. Peter Demitz, the Morristown police officer, explained in a recent
interview
that he traveled to demonstrations using funds from a program set up by
the Justice
Department after the anti-WTO protests in Seattle. Attorney General Janet
Reno
"felt that civil disorder and demonstrations would be the most active since
the
Vietnam War. She said police officers should learn from each other, so
there's
more money for observing," said Demitz. According to Verheyden-Hilliard,
the
coordination among police agencies "becomes a problem when it's being used
to
chill people's political speech -- it's being used in a way to silence
people."
Letting activists know they are under surveillance is also a time-honored
tactic of
local intelligence units and the FBI. "I see several different components
of
COINTELPRO, from conspicuous surveillance, spreading fear of infiltration,
preventive detention and false stories to the press," says Brian Glick,
a Fordham
University law professor and author of War at Home: Covert Action Against
U.S.
Activists and What We Can Do About It.
Among the police actions that worry civil libertarians:
- Police raids of demonstrators' gathering spaces. In DC, saying there
was a fire
threat, the police, fire department and Bureau of Alcohol, Tobacco and
Firearms
kicked everyone out of the convergence space, arrested the "leaders" and
seized
puppets and political materials. The ACLU prevented a similar raid on the
convergence center in Los Angeles during the Democratic convention by winning
an injunction from a federal judge, who warned the police that they could
not even
investigate building or fire-code violations without federal court approval.
- False stories to the press. In statements later proved to be false, police
in
Washington and Philadelphia said they found the makings of dangerous weapons
in convergence centers. DC police announced they had found a Molotov cocktail
but later admitted it was a plastic soda bottle stuffed with rags. Similarly,
the
makings of "pepper spray," police admitted later, were actually peppers,
onions
and other vegetables found in the kitchen area, while "ammunition" seized
in an
activist's home consisted of empty shells on a Mexican ornament. Philadelphia
police also reported "dangerous" items in activists' puppet-making material.
Such
false statements were intended to discredit the protesters and discourage
people
from supporting them, civil liberties lawyers argue.
- Rounding up demonstrators on trumped-up charges. In Philadelphia on August
1,
police arrested seventy activists working in the convergence space called
the
puppet warehouse on conspiracy and obstruction-of-traffic charges. They
justified
the raid, which the ACLU called one of the largest instances of preventive
detention
in US history, in a warrant that drew on an obscure far-right newsletter
funded by
millionaire Richard Mellon Scaife claiming that the young people were funded
by
communist groups and therefore dangerous. On April 15, Washington police
rounded up 600 demonstrators marching against the prison-industrial complex,
picking up tourists in the process. Police held them on buses for sixteen
hours.
- List-making. The BBC reported that the Czech government received from
the FBI
a list of activists that it used in stopping Americans from entering for
anti-IMF
demonstrations in Prague in September. A journalist interviewed two such
Americans who said they had no criminal record but had been briefly held
and
released in Seattle during the 1999 anti-WTO protests. MacDonald Scott,
a
Canadian paralegal doing legal support, estimates from border-crossing
records
that Canada turned away about 500 people during the OAS meetings last June.
- Political profiling. On May 1 the NYPD rounded up peacefully demonstrating
anarchists with covered faces under a nineteenth-century anti-Klan law,
in addition
to a few other barefaced anarchist-looking activists.
- Unconstitutional bail amounts. Philadelphia law enforcement sought what
lawyers
are calling unconstitutionally high bail, most famously the $1 million
bail against
John Sellers of the Ruckus Society (which a judge lowered to a still-high
$100,000).
- Brutal treatment. In Philadelphia and Washington, activists were held
for
excessive lengths of time, not informed of their full rights or given access
to their
lawyers, and were hogtied with plastic handcuffs attaching their wrists
to their
ankles. Philadelphia activists in particular reported brutal treatment
while in police
custody, but in every city demonstrators suffered from police assault on
the streets.
Whether and how the Justice Department or the FBI plotted strategies for
cracking
down on protesters is the type of information that is often only revealed
by chance
or long after the fact. COINTELPRO was famously exposed in 1971 when activists
liberated documents from an FBI office in Media, Pennsylvania. The process
of
uncovering the government's recent attempts to suppress dissent has just
begun.
An FBI agent told the Philadelphia Inquirer the government was focusing
on the
antiglobalization activists in much the same way they pursued Christian
antiabortion
bombers "after the Atlanta Olympics." By expressing such urgent concern,
federal
agencies may provide tacit permission to local police to use heavy-handed
tactics
stored in the institutional memories of police departments from the most
active
days of the Red Squads. Philadelphia police are notorious for preventively
detaining black activists, illegal raids and the bombing of the MOVE house
in 1985.
They spied on some 600 groups well into the 1970s, and with the collusion
of
judges, set astronomical bails to detain people on charges that later proved
without
warrant.
Indeed, the local police may not need encouragement from the Feds for their
use of
violence against largely (though not entirely) nonviolent demonstrators.
"There's a
militaristic pattern to policing these days, the increasing us-versus-them
attitude,"
says Jim Lafferty of the National Lawyers Guild in LA. The treatment of
protesters is
an extension of the way many police treat those in poor neighborhoods,
stopping
pedestrians who are young, black and male without probable cause, harassing
and
even shooting with little provocation.
"In LA, apparently they decided instead of arresting people and setting
high bail
like they did in Philadelphia, they'll just open fire," said Dan Takadji,
the ACLU
lawyer who is suing the city for civil rights violations. When police shot
rubber bullets
at a concert and rally of more than a thousand people outside the Democratic
convention center in August, "there were a few people throwing garbage
over the
fence," Takadji said. "Instead of dealing with these few people, the police
swept in
and fired on a crowd with rubber bullets" without giving concertgoers time
to file out
of the small entry the police kept open. This had shades of the 1968 Democratic
convention in Chicago, when the National Guard blocked the exit of a permitted
demonstration in Grant Park as police charged with tear gas and rifle butts.
Also reminiscent of '68 is harassment of those calling for police reform.
LA police
officers shot rubber bullets into the crowd at an anti-police-brutality
rally on October
22. As in other demonstrations, police also targeted a videographer who
was
filming. A few days earlier the NYPD raided the Bronx apartment of members
of the
tiny Revolutionary Communist Youth Brigade, which was helping to organize
a
similar protest.
Recent legislation has all but encouraged repressive police tactics. A
1998 federal
law, for example, gave federal intelligence agencies vast new powers to
track
suspected terrorists with "roving wiretaps" and secret court orders that
allow covert
tracing of phone calls and obtaining of documents. The Antiterrorism and
Effective
Death Penalty Act of 1996, meanwhile, increased the authority of the FBI
to
investigate First Amendment activity, like donations to nonviolent political
organizations deemed "terrorist" by the government. This would have criminalized
those who gave money to the African National Congress during apartheid,
says Kit
Gage of the National Committee Against Repressive Legislation. And Clinton
in his
last days created the post of counterintelligence czar, whose mission,
the Wall
Street Journal reports, includes working with corporations to maintain
"economic
security."
It's not only antiglobalization activists who have faced crackdowns on
free-speech
and free-association rights. The Immigration and Naturalization Service
is
imprisoning and deporting people whose political views the government considers
unacceptable, although its efforts to use secret evidence have suffered
setbacks in
the courts, with some people freed when evidence proved spurious. Still,
Muslim
Arab-Americans continue to be called before secret grand juries investigating
ties
between US residents and "terrorist" groups like the Palestinian organization
Hamas.
More than fifty years ago President Truman unleashed a crackdown on the
left that
was carried on by his Republican successor. We may face a similar crisis
today.
"There's been a massive violation of civil rights and constitutional rights.
This
decision to suspend the Constitution is one that has been made now at one
event
after another. It's obvious there was a conscious decision to do it," said
Bill
Goodman, legal director of the Center for Constitutional Rights. "What
lies behind
the decision is more disturbing. The purpose of it is to prevent the public
from
hearing the message of the protesters."
Abby Scher is a sociologist and writer who has researched women's politics
of the
McCarthy period. This article originally appeared in The Nation.