Among the wars currently being fought by the American
government is one in which there can be no winners. Our prior law enforcement
experiences warn us that the �war on terrorism� has spawned an internal �war on
dissent� in which everyone loses.
Author William John Cox�s law enforcement career spanned 40
years, the early part of which was spent as a Los Angeles police officer and
which included direct policing of both the riots and terrorist incidents in
that city in the late �60s to early �70s.
One of the first assignments given to author Coleen Rowley
as a new FBI agent was to help in the processing and releasing of the numerous
files improperly gathered by J. Edgar Hoover after the National Lawyers Guild
won its FOIA lawsuits against the FBI in the early 1980s.
The Church Committee unearthed evidence in 1976 that the
Vietnam War had provided cover for the domestic infiltration and wiretapping of
civil rights and antiwar groups, and resulted in legislation and regulations
against the worst abuses. However, the history of government repression and
spying on those who dissent against its policies and practices seems to be
repeating itself.
Following 9-11, the Bush administration erased or
circumvented many of these hard-won legal restraints. Warrantless searches
under the USAPATRIOT Act and illegal electronic surveillance swept up more than
terrorist threats as the government increasingly confused dissent, which builds
up a free and democratic society, with terrorism, which seeks to tear it down.
The law enforcement response has become increasingly harsh
and heavy-handed since the anti-globalization protests in 1999 in Seattle
against the World Trade Organization. In November 2003, as many as 40 different
law enforcement agencies invaded Miami during meetings relating to the Free
Trade Area of the Americas. Protest groups were infiltrated by the police, the
corporate media were �embedded� with law enforcement, and the independent media
were suppressed.
The New York City police department used �Miami� tactics in
2004 at the Republican National Convention (RNC), during which hundreds of
peaceful demonstrators and innocent bystanders were illegally arrested,
fingerprinted, photographed, and subjected to prolonged detention in wire cages
before being released without prosecution. Repressive tactics were also used
the same year as a counter-terrorism measure at the Democratic National
Convention, where Boston police established a designated fenced enclosure
topped by razor wire as the �free speech zone.�
Despite this recent history, the militarized crackdown and
persecution of protest at the Republican National Convention (RNC) last September
took many by surprise, especially in an otherwise progressive city like St.
Paul (which pioneered the concept of �community policing�). It was a terrible
shock to see the riot-clad Robo-cops lined up two and three rows deep, helmet
visors down, their police identification gone or not visible, and their Tasers
and chemical weapon guns pointed at the various members of the Twin Cities
Peacemakers and other social justice groups who marched on the first day of the
RNC.
More than 800 citizens were arrested (including 40
journalists, one of whom was �Democracy Now!� radio host Amy Goodman) and
hundreds of peaceful protesters were pepper sprayed, Tasered, or otherwise
brutalized.
Thousands more who conscientiously wished to demonstrate
opposition to government policies and the illegal war, were too scared to leave
their homes. Not only were they intimidated from marching, but they were
prevented from participating in other totally peaceful artistic and music
events scheduled in the Twin Cities during the week of the RNC.
More evidence for historians that the �war on terror� has
morphed into a �war on dissent� can be found in the recently leaked reports
establishing that both the Pentagon�s Northern Command (NORTHCOM) and the
National Geospatial-Intelligence Agency participated in planning RNC convention
security and were possibly involved in crowd control strategies.
At the very least, the intimidating presence of armor-clad
police officers at political demonstrations is a visible manifestation of the
fascist threat. More pernicious would be any unwarranted, secret collection of
information on the various social justice, peace, independent media, musical
performance, artistic and legal groups in the lead-up to the RNC. We are
currently in the process of determining, through freedom of information type
requests, if this, in fact, occurred here.
Recent revelations of how the Maryland
State Police infiltrated nonviolent groups and falsely labeled dozens of
pacifists, environmentalists and Catholic nuns as terrorists highlights the
risks of using undercover law enforcement officers and paid informants to spy
on domestic groups. Pressure to produce arrests and convictions, justifying the
expenditure of hundreds of thousands of dollars in precious tax revenues, can
result in the elevation of rhetoric into threats and dissent into terrorism.
The mind-numbing repetition of the term �anarchists� in
recent newspaper coverage of the $300,000, year-long infiltration of protest
groups prior to the convention fails to obscure the great lengths to which law
enforcement officials went to prevent �street blockades� and other disruptions
in St. Paul. Before the RNC even started, authorities executed preemptive raids
and �preventive detentions� -- controversial concepts originally concocted for
the �war on terror� that have no place in our Constitution�s criminal justice
system.
Thanks to Minnesota�s version of the USAPATRIOT Act, the
local �war on dissent� has elevated boastful threats to �swarm� the Republican
convention and to �shut it down� into charges of conspiracy to riot �in
furtherance of terrorism.� However, there is no evidence that any of the so-charged
�RNC Eight� ever personally committed acts of violence or damaged property. If
they were really ready to �destroy� the City of Saint Paul as alleged, why did
they operate so openly? Why was their rhetoric, albeit taunting, for the entire
world to see on their website?
Real terrorists are usually much more secretive. Think back
to the most significant recent cases of actual domestic terrorism in the United
States: Oklahoma Federal Building bomber Timothy McVeigh; Olympic Park and
abortion clinic bomber Eric Robert Rudolph; Unabomber (for 18 years) Ted
Kaczynski; and the DC sniper terrorist duo. Most of these and other American
terrorists operated alone or with one main accomplice. That�s because secrecy
is critical to the success of an actual terrorist act. That means, also, that
it�s different from protest and even civil disobedience where mass numbers of
participants (instead of secrecy) is the key.
The prosecution of the RNC Eight flies in the face of what
Nobel Peace Prize winner Al Gore recently urged (to heavy applause): for young
people to engage in �civil disobedience� (he was talking about stopping the
construction of coal plants). And only a few days ago, Thomas Friedman bemoaned
in his New York Times column (with respect to the national economy), �Our kids
should be so much more radical than they are today.� (Emphasis added).
Dr. David Harris, a leader of one of the peace marches at
the RNC as well as someone who has engaged in civil disobedience, assessed it
as follows (in his comment on the Petition to Defend the
RNC 8):
�Nonviolent civil disobedience is the logical action for peace loving
people who have tried in every way to work within the legal system only to find
that those in power refuse to listen to the voices of the oppressed. I do not
agree with destruction of other people�s property as a means of expressing
opinion, but direct violence against living creatures is a far greater offense.
In the case of the RNC protests, by far the greatest perpetrators of violence
were law enforcement officials.
No one could have analyzed this paradox more astutely than
Supreme Court Justice Louis Brandeis when
he observed:
In a government of law, the existence of the government will be imperiled
if it fails to observe the law scrupulously. Our government is the potent, the
omnipresent teacher. For good or for ill, it teaches the whole people by
example. Crime is contagious. If the government becomes a lawbreaker, it breeds
contempt for the law; it invites every man to become a law unto himself; it
invites anarchy.
It is very difficult to believe that anyone in this country
-- police or citizen -- wants to again see the government unleash the
overreactive, repressive and violent tactics of the 1960s to squelch domestic
dissent. Ironically, that would be the real recipe for inviting anarchy.
Irrespective of our political views, all of us must be
concerned about the current prosecution of young people, who sincerely oppose
an illegal war being fought by an unrepresentative government and who believe
it�s better to have no government at all rather than one that commits
international war crimes. They stand accused of being terrorists because they
naively call themselves �anarchists.� In a free society, we all have the duty
to stand up and fight against tyranny, and to speak out in defense of others
who do.
Coleen Rowley is a former legal
counsel at the FBI Minneapolis field office. She earned national recognition
for helping expose some of the pre 9-11 intelligence failures. William John Cox is a retired
supervising prosecutor for the State Bar of California. As a police officer he
wrote the Policy Manual of the Los Angeles Police Department and the Role of
the Police in America for the National Advisory Commission on Criminal Justice
Standards and Goals.