[governance] Anti-War News Site Sues FBI For Spying On – and Targeting – It for Political Reasons

Riaz K Tayob riaz.tayob at gmail.com
Wed May 22 02:14:00 EDT 2013


[Only question is does the FBI have jurisdiction over ICANN, etc... it 
seems like waging an illegal war (after 'collateral damage' killed half 
a million Iraqi children!) is OK, but simply mobilising peacefully 
against it is a problem... what use rights if they are not there when 
Americans specifically need them? At least ACLU and other institutions 
safeguard the constitution as best they can... ]


  Anti-War News Site Sues FBI For Spying On – and Targeting – It for
  Political Reasons

Posted on May 22, 2013 
<http://www.washingtonsblog.com/2013/05/anti-war-site-sues-fbi-for-spying-and-targeting-it-without-cause.html> 
by WashingtonsBlog <http://www.washingtonsblog.com/author/washingtonsblog>


      Antiwar v. FBI

We’ve pointed out that there’s a much bigger story behind the AP and Fox 
spying scandal 
<http://www.washingtonsblog.com/2013/05/the-bigger-story-behind-the-ap-spying-scandal.html>.

As we’ve reported for years, the government treats folks who speak out 
against war as potential terrorists 
<http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>.

We noted 
<http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html> 
in 2011:

    Anti-war websites like AntiWar.com are listed on various terrorist
    watchlists
    <http://original.antiwar.com/justin/2011/08/21/antiwar-com-vs-the-fbi/>:
    see number 16 here
    <http://wearechangeoklahoma.org/images/Extremisim.jpg>, and number
    37 here
    <http://web.archive.org/web/20020916055305/http://www.adl.org/mwd/m1.asp>.

    AntiWar’s sin? It is (according to the watchlists):

        An unusual site, essentially an isolationist
        right-wing/libertarian site consciously designed to appeal to
        anti-war activists from the left as well.

    The irony, of course
    <http://www.washingtonsblog.com/2011/11/a-majority-of-americans-including-both-ows-and-the-tea-party-agree-on-the-most-important-issues-we-just-dont-realize-it.html>,
    is [that] Americans want to put a stop to perpetual warfare …
    <http://www.washingtonsblog.com/2011/09/polls-americans-want-our-liberties-restored-our-troops-brought-home-and-the-federal-reserve-reined-in.html>

Today, Antiwar.com – with the help of the ACLU – filed suit 
<http://original.antiwar.com/vlahos/2013/05/21/antiwar-com-sues-fbi-after-secret-surveillance/> 
against the FBI:

    Antiwar.com is taking the FBI to court.

    The website’s founder and managing editor Eric Garris, along with
    longtime editorial director Justin Raimondo, filed a lawsuit in
    federal court today, demanding the release of records they believe
    the FBI is keeping on them and the 17-year-old online magazine.

    Antiwar.com says this is one more example of post-9/11 government
    overreach, and a stark reminder that the First Amendment has been
    treated as little more than a speed bump on the road to a government
    surveillance state. The lawsuit is particularly timely, considering
    recent scandals in which the Department of Justice secretly seized
    months of journalists’ phone records
    <http://antiwar.com/blog/2013/05/14/doj-snooping-on-journalists-a-witch-hunt-to-enforce-obama-demand-for-total-secrecy/>
    at the Associated Press, and did the same and more to a FOX News
    reporter
    <http://www.washingtonpost.com/local/a-rare-peek-into-a-justice-department-leak-probe/2013/05/19/0bc473de-be5e-11e2-97d4-a479289a31f9_print.html>,
    while the IRS is acknowledging it singled out conservative groups
    <http://www.washingtonpost.com/blogs/post-politics/wp/2013/05/12/irs-targeted-groups-that-criticized-the-government-ig-report-says/>
    that criticize the government for extra scrutiny.

    Suddenly, the press is more aware than ever
    <http://www.motherjones.com/politics/2013/05/associated-press-phone-records-spying-journalists>
    that the state has the ability to secretly monitor its activities,
    heretofore thought of as constitutionally protected from government
    interference and intimidation.

    “*Freedom of the press is a cornerstone of our democracy, whether
    it’s AP or Antiwar.com*,” said Julia Harumi Mass, staff attorney for
    the *American Civil Liberties Union* of Northern California, which
    is representing Antiwar.com in the case. “*FBI surveillance of news
    organizations interferes with journalists’ ability to do their jobs
    as watchdogs that hold the government accountable*.”

    The suit was filed on Tuesday at the United States District Court,
    Northern District of California, San Francisco Division. Both Garris
    and Raimondo live and work in the San Francisco Bay area.

    According to the suit, the ACLU has made several futile attempts to
    obtain the FBI files since a reader alerted Garris and Raimondo to
    this lengthy FBI memo
    <http://www.scribd.com/doc/62394765/Related-article-at-http-tinyurl-com-FBI-Dancing-Israelis-Dancing-Israelis-FBI-document-Section-6-1138796-001-303A-NK-105536-Section-6>
    in 2011. The details in question begin at page 62 of the heavily
    redacted 94-page document. It’s clear from these documents, the suit
    alleges, that the FBI has files on Garris and Raimondo, and at one
    point the FBI agent writing the April 30, 2004 memo on Antiwar.com
    recommends further monitoring of the website in the form of opening
    a “preliminary investigation …to determine if [redaction] are
    engaging in, or have engaged in, activities which constitute a
    threat to national security.”

    “On one hand *it seemed almost funny that we would be considered a
    threat to national security, but it’s very scary, because what we
    are engaging in is free speech, and free speech by ordinary citizens
    and journalists is now being considered a threat to national
    security and they don’t have to prove it because the government has
    the ability to suppress information and not disclose any of their
    activities* – as witnessed with what is going on now at the AP and
    other things,” said Garris.

    “*The government’s attitude is they want to know all, but they want
    the public to know as little as possible*.”

    *In response, the ACLU began filing requests in December 2011 under
    the Privacy Act and Freedom of Information Act (FOIA) for any
    records the FBI was currently holding on Antiwar.com*, which
    describes itself <http://www.antiwar.com/who.php> as a
    Libertarian-inspired project of the Randolph Bourne Institute. It
    was clear from reading the memo that Antiwar.com came under the
    radar in part for its mission, which is characterized as publishing
    a *non-interventionist* “online magazine and research tool designed
    to keep the American people and the world informed about the
    overseas plans of the American government.” [Full disclosure, this
    writer is a regular contributor].

        While openly acknowledging that we have an agenda, the editors
        take seriously our purely journalistic mission, which is to get
        past the media filters and reveal the truth about America’s
        foreign policy. Citing a wide variety of sources without fear or
        favor, and presenting our own views in the regular columns of
        various contributors, we clearly differentiate between fact and
        opinion, and let our readers know which is which.

    The website was also targeted, according to the FBI memo, for links
    it published to counter-terrorism watch lists (which were already in
    the public domain), and for the people who were visiting Antiwar.com
    and/or talking it up at rallies. The FBI noted at least two of
    Raimondo’s columns and wondered openly, “who are (Antiwar.com’s)
    contributors and what are the funds utilized for?” This, after
    acknowledging there was *no evidence of any crime being plotted or
    committed*.

    “*This illustrates the troubling, continuing efforts of the federal
    government to monitor protected speech activity without evidence or
    even allegation of criminal activity*,” said Mass, who explained
    that there are specific prohibitions against such surveillance and
    record-keeping in the 1974 Privacy Act [5 U.S.C 552a(e)(7)]
    <https://www.eff.org/sites/default/files/filenode/FBI_guidelines/domestic_investigations_and_operations_guide_part5.pdf>.

    After Raimondo wrote about the FBI memo in August 2011
    <http://www.emptywheel.net/2011/08/22/fbi-conducts-threat-assessment-on-antiwar-com-journalists-for-linking-to-publicly-available-document/>,
    which at the time, independent journalist Marcy Wheeler at
    EmptyWheel.net deemed a “troubling story,”
    <http://www.emptywheel.net/2011/08/22/fbi-conducts-threat-assessment-on-antiwar-com-journalists-for-linking-to-publicly-available-document/>
    Antiwar.com started losing donors, and according to the lawsuit, it
    was big time.

        In October 2011, *one of Antiwar.com’s major donors withdrew his
        financial support from Antiwar.com out of concern that the FBI
        would monitor him* if he continued to provide, as he wished to
        do, financial support to Antiwar.com. Since then, three
        significant donors have also withdrawn financial support, citing
        their fear that FBI interest in Antiwar.com would lead to
        surveillance of the donors as a reason for withdrawing financial
        support. As a result, Antiwar.com has lost about $75,000 per
        year since 2011 in otherwise expected contributions.

    Reached over the weekend, Wheeler, who routinely investigates and
    reports on the impact of post-9/11 government surveillance on civil
    liberties for EmptyWheel.net <http://www.emptywheel.net>, voiced her
    concern about the apparent FBI surveillance of Antiwar.com and its
    far-reaching implications.

    “It’s likely (the) FBI is hiding one or another things: Bush era
    *investigations into the peace community* that were improper to
    start with, and/or the degree to which First Amendment activities
    have become one reason to investigate completely innocent activity,”
    she said.

    After a series of FOIA requests, amended requests and empty
    responses, Garris and Raimondo have “received no agency
    determination setting forth whether Defendant FBI intends to produce
    records or any basis for withholding them,” since the last request
    dated May 24, 2012. Taking it to court, Mass said, is the next step.

    “Our clients are entitled to obtain records the FBI has gathered
    about them and their online magazine,” she said. “This is especially
    important because the FBI’s surveillance has impacted our clients’
    ability to maintain support for their website and has impacted their
    editorial choices– exactly the type of harm the First Amendment is
    supposed to protect against.”

    ***

    [One of the reasons that the FBI was investigating the
    non-interventionist website is because] an article that listed
    Antiwar.com as a reference was handed out in 2002 at a “peaceful
    protest” at a British air base in the U.K.

    ***

    “There are several unanswered questions regarding www.antiwar.com,”
    <http://www.antiwar.com,%E2%80%9D> reads the FBI memo. “It describes
    itself as a non-profit group that survives on generous contributions
    from its readers. Who are these contributors and what are the funds
    used for?”

    ***

    The unidentified agent writing the memo concludes, “it is
    recommended that ECAU (Electronic Communications Analysis Unit)
    further monitor the postings on the website … it is recommended that
    a PI (preliminary investigation) is opened to determine if [line
    redacted] have engaged in, or are engaging in, activities which
    constitute a threat to national security on behalf of a foreign power.”

    This is the decisive point of the memo as it pertains to
    Antiwar.com: that Garris and Raimondo and Antiwar.com, for writing
    about a particularly sensitive subject and for linking to
    information that is already circulating around the Internet, may be
    a “threat to national security on behalf of a foreign power,” and
    therefore subject to secret surveillance. *That would make any
    journalist, who say, linked a story to documents published by
    Wikileaks, which is currently under federal investigation
    <http://leaksource.wordpress.com/2013/03/27/department-of-justice-spokesman-for-eastern-district-of-virginia-confirms-grand-jury-investigation-into-wikileaks-ongoing/>,
    suspect too, surmised the plaintiffs*.

    “*This sort of government activity is so chilling because it puts
    the fear of government at a higher level, and among the news
    media*,” said Garris, noting the negative effect that federal leak
    investigations are already having on the free press. “*Once the
    people aren’t able to get information, the government can,
    potentially, have unlimited power*.”

    According to Mass, the ACLU is filing a separate, administrative
    request to the FBI to find and further expunge any files it may have
    on Garris and Raimondo.

    “The government,” concluded Mass, “cannot keep records about
    people’s exercise of free speech unless it is related to a criminal
    investigation.”

The government is spying 
<http://www.washingtonsblog.com/2012/12/americans-the-most-spied-on-people-in-world-history.html> 
on 
<http://www.washingtonsblog.com/2012/12/top-nsa-spying-chief-if-you-ever-get-on-their-enemies-list-like-petraeus-did-then-you-can-be-drawn-into-that-surveillance.html> 
every 
<http://www.washingtonsblog.com/2013/03/all-u-s-intelligence-agencies-including-cia-and-nsa-to-spy-on-americans-finances.html> 
American 
<http://www.washingtonsblog.com/2013/05/irs-will-spy-on-our-shopping-records-travel-social-interactions-health-records-and-files-from-other-government-investigators.html> 
… and treating peaceful protesters as potential terrorists 
<http://www.washingtonsblog.com/2012/12/peaceful-protest-treated-as-terrorism-by-the-fbi.html>.

As we noted in March, the Constitution is on the ropes 
<http://www.washingtonsblog.com/2013/02/constitution.html>:

    The threat of being labeled a terrorist for exercising our First
    Amendment rights
    <http://www.washingtonsblog.com/2012/12/the-fbi-drowning-in-counter-terrorism-money-power-and-other-resources-will-apply-the-term-terrorism-to-any-group-it-dislikes-and-wants-to-control-and-suppress.html>
    certainly violates the First Amendment. The government is using laws
    to crush dissent
    <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>,
    and it’s gotten so bad that even U.S. Supreme Court justices are
    saying
    <http://www.washingtonsblog.com/2012/09/2-u-s-supreme-court-justices-and-numerous-other-top-government-officials-warn-of-dictatorship.html>that
    we are descending into tyranny.

    For example, the following actions may get an American citizen
    living on U.S. soil labeled as a “suspected terrorist” today:

      * Being young
        <http://www.wired.com/dangerroom/2012/10/insider-threat/> (if
        you live near a battle zone, you are fair game
        <http://www.washingtonsblog.com/2012/06/u-s-labels-all-young-men-in-battle-zones-as-militants-and-american-soil-is-now-considered-a-battle-zone.html>;
        and see this
        <http://www.washingtonsblog.com/2012/12/no-child-left-behind.html>)

      * Using social media
        <http://www.wired.com/dangerroom/2012/10/insider-threat/>

      * Reporting or doing journalism
        <http://www.washingtonsblog.com/2012/09/in-america-journalists-are-considered-terrorists.html>

      * Speaking out against government policies
        <http://www.counterpunch.org/cohn09302006.html>

      * Protesting anything
        <http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>
        (such as participating in the “Occupy” movement
        <http://www.nytimes.com/2012/12/25/nyregion/occupy-movement-was-investigated-by-fbi-counterterrorism-agents-records-show.html?_r=0>)

      * Questioning war
        <http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>
        (even though war reduces our national security
        <http://www.washingtonsblog.com/2011/04/four-stories-this-week-prove-that-the-war-on-terror-is-a-farce.html>;
        and see this
        <http://www.washingtonsblog.com/2011/11/nobel-prize-winning-economist-war-is-widely-thought-to-be-linked-to-economic-good-times-nonsense.html>)

      * Criticizing the government’s targeting of innocent civilians
        with drones
        <http://www.salon.com/2012/02/06/top_official_drone_critics_are_al_qaeda_enablers/singleton/>
        (although killing innocent civilians with drones is one of the
        main things which increases terrorism
        <http://www.washingtonsblog.com/2010/01/nice-work-creating-new-terrorists-you.html>.
        And see this
        <http://www.washingtonsblog.com/2010/10/why-were-losing-the-war-on-terror.html>)

      * Asking questions about pollution
        <http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>
        (even at a public Congressional hearing
        <http://www.usnews.com/news/articles/2012/02/02/documentary-filmmaker-josh-fox-arrested-at-fracking-hearing>?)

      * Paying cash at an Internet cafe
        <http://www.boilingfrogspost.com/2012/02/06/fbi-enlists-internet-cafe-owners-to-spy-on-customers-2/>

      * Asking questions about Wall Street shenanigans
        <http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>

      * Holding gold
        <http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>

      * Creating alternative currencies
        <http://www.nysun.com/editorials/a-unique-form-of-terrorism/87269/>

      * Stocking up on more than 7 days of food
        <http://www.youtube.com/watch?v=UXKfEsgLLRU&feature=related>
        (even though all Mormons are taught to stockpile food
        <http://jenny-evans.suite101.com/why-do-mormons-store-food-a284336>,
        and most Hawaiians store up on extra food
        <http://whatreallyhappened.com/node/156535>)

      * Having bumper stickers saying things like “Know Your Rights Or
        Lose Them”
        <http://www.infowars.com/doj-funded-training-manual-lists-bumper-stickers-as-terrorism/>

      * Investigating factory farming
        <http://www.latimes.com/news/local/environment/la-me-gs-fbi-tracking-animal-videotapers-as-terrorists-20111229,0,5919114.story>

      * Infringing a copyright
        <http://www.washingtonsblog.com/2012/02/ter%C2%B7ror%C2%B7ist-noun-anyone-who-disagrees-with-the-government-2.html>

      * Taking pictures or videos
        <http://www.washingtonsblog.com/2008/09/in-a-fascist-state-cameras-equal-terrorism.html>

      * Talking to police officers
        <http://www.infowars.com/dhs-video-characterizes-white-americans-as-most-likely-terrorists/>

      * Wearing a hoodie
        <http://www.infowars.com/dhs-video-characterizes-white-americans-as-most-likely-terrorists/>

      * Driving a van
        <http://www.infowars.com/dhs-video-characterizes-white-americans-as-most-likely-terrorists/>

      * Writing on a piece of paper
        <http://www.infowars.com/dhs-video-characterizes-white-americans-as-most-likely-terrorists/>

      * (Not having a Facebook account
        <http://www.dailymail.co.uk/news/article-2184658/Is-joining-Facebook-sign-youre-psychopath-Some-employers-psychologists-say-suspicious.html>
        may soon be added)

    And holding the following beliefs may also be considered grounds for
    suspected terrorism:

      * Being frustrated with “mainstream ideologies”
        <http://www.wired.com/dangerroom/2012/10/insider-threat/>

      * Valuing online privacy
        <http://publicintelligence.net/do-you-like-online-privacy-you-may-be-a-terrorist/>

      * Supporting Ron Paul or being a libertarian
        <http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html>

      * Liking the Founding Fathers
        <http://www.youtube.com/watch?v=6oP1Ke70Mi8>

      * Being a Christian <http://www.youtube.com/watch?v=6oP1Ke70Mi8>

      * Being anti-tax, anti-regulation or for the gold standard
        <http://www.reuters.com/article/2012/02/07/us-usa-fbi-extremists-idUSTRE81600V20120207>

      * Being “reverent of individual liberty”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * Being “anti-nuclear”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Believe in conspiracy theories”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “A belief that one’s personal and/or national “way of life” is
        under attack”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Impose strict religious tenets or laws on society
        (fundamentalists)”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Insert religion into the political sphere”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Those who seek to politicize religion”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Supported political movements for autonomy”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * Being “anti-abortion”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * Being “anti-Catholic”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * Being “anti-global”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Suspicious of centralized federal authority”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “Fiercely nationalistic (as opposed to universal and
        international in orientation)”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * “A belief in the need to be prepared for an attack either by
        participating in … survivalism”
        <http://www.washingtonsblog.com/2012/02/government-uses-anti-terror-laws-to-crush-dissent-and-help-big-business.html>

      * Opposing genetically engineered food
        <http://www.infowars.com/doj-funded-training-manual-lists-bumper-stickers-as-terrorism/>

      * Opposing surveillance
        <http://www.infowars.com/dhs-video-characterizes-white-americans-as-most-likely-terrorists/>

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