New Documents Show FBI Joint Terrorism Task Force Targeting Peaceful Protest Activity in Colorado (12/8/2005)
FOR IMMEDIATE RELEASE CONTACT: media@aclu.org
DENVER -- The American Civil Liberties
Union of Colorado today released documents revealing that the FBI Joint
Terrorism Task Force (JTTF) is tracking information on peaceful protesters,
including names and license plate numbers.
The ACLU, which obtained the documents
through a Freedom of Information Act (FOIA) request, said the FBI is wasting
resources and threatening First Amendment rights by wrongfully equating
nonviolent protest with domestic terrorism.
"These documents confirm that the names
and license plate numbers of several dozen peaceful protesters who committed no
crime are now in a JTTF file marked 'counterterrorism,'" said ACLU of Colorado
Legal Director Mark Silverstein. "This kind of surveillance of First Amendment
activities has serious consequences. Law-abiding Americans may be reluctant to
speak out when doing so means that their names will wind up in an FBI
file."
Two of the three FBI reports released
today concern nonviolent protests conducted by critics of the timber industry's
forestry practices at a convention of the North American Wholesale Lumber
Association (NAWLA) in Colorado Springs in June 2002. In the reports, the JTTF
recommended that the FBI open a counterterrorism investigation on activists who
were planning nonviolence training for people interested in participating in the
protests.
Several dozen persons peacefully
expressed their views during the convention. A handful were arrested for
trespass when they hung a banner from the tower of the convention hotel, but the
overwhelming majority were never accused or even suspected of this minor
nonviolent offense or any other violation of law. After the protests were over,
however, the JTTF obtained and included in the file a list of license plate
numbers of the participants and the corresponding vehicle registration
information, according to documents obtained by the ACLU.
The ACLU's Silverstein criticized the
JTTF report, stating that nonviolence training has nothing to do with terrorism.
"The names of Americans who were never
accused or suspected of even minor criminal activity are now in the files of the
FBI, solely because they exercised their constitutionally protected right to
peacefully express their opinions in a public protest."
According to the ACLU, the FBI refused to
turn over the list of plate numbers that were originally attached to the report
on the NAWLA protests. Nevertheless, the ACLU had already obtained those three
pages during litigation over the "Spy Files" maintained by the Denver Police
Department's Intelligence Unit. The first page, a fax cover sheet, indicates
that Denver police detective Tom Fisher, who worked full time for the JTTF,
asked for and obtained the list from the Colorado Springs Police Department.
Responding to earlier press inquiries about this document, an FBI spokesperson
confirmed that Agent Fisher obtained the list of names and license plates in the
course of his JTTF duties.
The third FBI report released today was
obtained by the ACLU on behalf of the Colorado Campaign for Middle East Peace.
That report confirms that the FBI opened a "domestic terrorism" investigation
after reading Web sites promoting an antiwar demonstration in Colorado Springs
in February 2003. The report indicates that the FBI planned to conduct
surveillance in Denver at the location where participants gathered to car pool
to the demonstration in Colorado Springs. It also indicates that Nextel provided
Web site information to the author of the FBI report.
Although the report is full of references
to "domestic terrorism" and "acts of terrorism," there is nothing in the FBI
report that provides any grounds for suspecting that any of the Web sites listed
were promoting acts of violence. Rather, the ACLU said, the Web sites in
question were promoting a peace demonstration.
"The FBI is unjustifiably treating
nonviolent public protest as though it were domestic terrorism," Silverstein
said. "The FBI's misplaced priorities threaten to deter legitimate criticism of
government policy while wasting taxpayer resources that should be directed to
investigating real terrorists."
The national
ACLU and many of its affiliates have filed similar FOIA requests on behalf of
more than 100 groups and individuals. The FOIAs seek two kinds of information:
1) the actual FBI files of groups and individuals targeted for speaking out or
practicing their faith; and, 2) information about how the practices and funding
structure of the JTTFs may be encouraging rampant and unwarranted spying.
The reports released today are available
at www.aclu-co.org/spyfiles/JTTFdocuments.htm
More information on the national
ACLU effort is online at www.aclu.org/spyfiles
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