a citizen’s journal by Thomas Nephew

11/6/10 forum videos


The FBI Raids: Activists Respond to Government Intrusion (part 1)
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“We’re here today to talk about what happened with the FBI raids, what our rights are, and how we can respond.”
–Kit Bonson, Washington Peace Center*

“…fourteen of them were subpoenaed to appear before a grand jury, they stood in solidarity with each other, and every single one of them refused to testify before the grand jury, which is a major – and to me, inspiring – story.  However, the prosecutors have come back and said that they are going to reissue the subpoenas to some of those activists.”
— Sue Udry, Defending Dissent Foundation

“…the surveillance society that we have in this country is collecting 1.7 billion records and communications a day. … When you get to 1.7 billion, that’s not about the government going to a judge and saying “I have a suspected terrorist, I’d like to read his emails,” that’s about our government turning its extraordinary computer powers loose on the American people.”

— Michelle Richardson, ACLU

Related links

Defending Dissent Foundation (Sue Udry)(1:23)
* US agencies forewarned about India bomb suspect (Rotella, Wash.Post)
* Jordan Halliday Sentenced to 10 Months for Resisting Grand Jury (Potter,
* Solidarity statements with 9/24 raid targets (
* A Review of the FBI’s Investigations of Certain Domestic Advocacy Groups (Dept. of Justice OIG Report)
* Actionable Intelligence Briefing, 10/31-11/1/09 (PA Inst. of Terrorism Research and Response)

ACLU (Michelle Richardson)(12:40)
* Top Secret America (Wash.Post series)
* More about FBI Spying (ACLU)
* What’s Wrong with Fusion Centers (ACLU)
* Universal Adversary Dynamic Threat Assessment, 5/7/08 (DHS)
* FBI’s Latest Power Grab Is a Bold and Unnecessary Move (Richardson, ACLU)
* NSA To Build $1.5 Billion Cybersecurity Data Center (Hoover, InformationWeek)
* DHS expands ‘see something, say something’ campaign to fusion centers (SecurityInfoWatch)
* The Privatization of Citizen Informant Networks (emptywheel, “firedoglake”)

Charity and Security Network (Kay Guinane)(27:33)
* 11/6/10 presentation outline (Guinane)
* Material support and the Humanitarian Law Project Decision (CSN document, 11/2010)
* Material Support and the Need for a Sensible Humanitarian Exemption (CSN analysis)
* 18 USC 2339B (Providing material support to designated foreign terrorist organizations)
* AEDPA (Antiterrorism and Effective Death Penalty Act of 1996)
* Holder v. Humanitarian Law Project (Supreme Court, 2010)
* The Roberts Court’s Free Speech Problem (David Cole, NYRBlog, June ’10)

National Lawyers Guild (John Hardenbergh)(42:55)
* Grand Jury Resistance Project (GJRP)
* Midnight Special Law Collective
* Impact of Grand Juries on Political Movements (GJRP; .PDF)
* The Improper Use of the Federal Grand Jury: An Instrument for the Internment of Political Activists (Deutsch, 1984; .PDF, 25 pages)

vid 2

The FBI Raids: Activists Respond to Government Intrusion (part 2)
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“…Every time you hear another story it’s more shocking than the last time. Each group is never really suspected of doing anything wrong, it’s considered sort of preventive or preemptive spying. So whether it’s happening again I couldn’t give you good advice about, whether it’s not or what even to do to prevent it. That’s really the chilling effect that it has: you want to be open, you want to have public meetings, you want to be able to organize but you’re prevented from doing so by the fear that you are being infiltrated…”
— Michelle Richardson, ACLU

“If you come away with anything from this training… one: cops lie and the second lesson I’d like people to come away with is keep your mouth shut.”
— John Hardenbergh, National Lawyers Guild

vid 2 links

* Foreign Terrorist Organizations (Dept. of State), Specially Designated Global Terrorist list (Treasury Dept.)
* Lisa Schrich, Eastern Mennonite Univ., 3D Security Initiative in FREE SPEECH, HUMAN RIGHTS AND COUNTERTERRORISM LAWS: A Briefing on What’s at Stake in the Supreme Court Case Holder v. Humanitarian Law Project. (2/17/10 forum transcript, .PDF); forum video excerpt; Free Speech or Support for Terrorists? Supreme Court Weighs Key Patriot Act Provision (de Vogue, ABC News, 2/22/10)
* The Impact of Counterterrorism Measures on Charities and Donors After 9/11 (Charity and Security Network); Restore Religious Freedom for Charitable Donors (Turner, ACLU)
* Brad Sherman (D-CA) call for ‘material support’ charges for Gaza Flotilla supporters; transcript (.PDF)
* Justice Dept. Renews Enforcement of Subpoenas for Antiwar Activists Targeted in FBI Raids (Amy Goodman 11/5/10 interview w. Bruce Nestor, National Lawyers Guild, Democracy Now!)
* COINTELPRO: THE FBI’S COVERT ACTION PROGRAMS AGAINST AMERICAN CITIZENS (Final Report of the Select Committee to Study Governmental Operations, a.k.a. Church Committee, 1976)
* Demand Your DotRights (ACLU Northern California)

National Lawyers Guild
* Flex Your Rights

vid 3

The FBI Raids: Activists Respond to Government Intrusion (part 3)
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No transcript available

“We really wanted to make sure that people didn’t leave today feeling completely fearful and demoralized.  Because the object of learning about the FBI’s — and I would dare say other agencies’ — surveillance and infiltration is not to… shut people down and to make you all go home and hide under your bed.  The object is to figure out a way to work with this knowledge and to make sure our movements are ever growing and ever stronger.”
— Nadine Bloch

vid 3 links

Nadine Bloch
* Sachs Report (Review of Maryland State Police Covert Surveillance of Anti-Death Penalty and Anti-War Groups from March 2005 to May 2006)
* ACLU Maryland “No Spying” page
* Laird v. Tatum (Wikipedia)

Raed Jarrar
* Yassin Aref (Wikipedia); Son of Mountains (Yassin Aref web site)
* linked news articles (Yassin Aref web site)
* Muslim Solidarity Committee
* “Little Guantanamo”–Secretive “CMU” Prisons Designed to Restrict Communication of Jailed Muslims and Activists with Outside World (Democracy Now! April ’09)
* Entrapment or Foiling Terror? FBI’s Reliance on Paid Informants Raises Questions about Validity of Terrorism Cases (Democracy Now! October ’10)
* Dr. Sami Al-Arian (Wikipedia); U.S.A. vs. Al-Arian (Norwegian documentary film)
* Feds arrest N.Va. man in D.C. Metro bomb plot (Finn/Hsu/Gibson, Wash.Post, 10/27/10)
* Suspect in subway terror sting pleads not guilty (Barakat, AP to Wash.Post, 11/9/10)
* METRO PLOTTER SNARED (Express, 10/28/10)


FBI Raids Forum (pt.1): What is going on?
John Hardenbergh (NLG), Kay Guinane (Charity and Security), Michelle Richardson (ACLU), Sue Udry (standing; Defending Dissent), Kit Bonson (Washington Peace Center)



* Search and Seizure Warrant, residence of Michael Kelly
* Defending Dissent October 10 newsletter
* The September 24 FBI ‘material support’ raids (this blog)
* Justice Dept. Renews Enforcement of Subpoenas for Antiwar Activists Targeted in FBI Raids (Amy Goodman 11/5/10 interview w. Bruce Nestor, National Lawyers Guild, Democracy Now!)

Groups sponsoring the forum
* Washington Peace Center
* Defending Dissent Foundation
* National Lawyers Guild
* Bill of Rights Defense Committee

My own blog posts about this issue
* Dissent is not a crime – DC activists to hold forum on FBI raids
* The September 24 FBI ‘material support’ raids
* Activists report suspicious government activity: the Nov. 6 FBI raids forum


* Kit Bonson is mistakenly listed in the video as being part of the National Lawyers Guild; she is affiliated with the Washington Peace Center.

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7 Responses to “11/6/10 forum videos”

  1. Activists report suspicious government activity: a forum on the FBI raids « Get FISA Right Says:

    […] video of the first panel is shown below. This video and two more like it are displayed on an “11/6 forum videos” page together with links to news items, analyses, and documents referred to by […]

  2. People’s Blog for the Constitution :: Activists convene for a forum on the recent FBI raids Says:

    […] November 6, nearly 40 activists gathered in DC for a panel discussion and brainstorm about the recent FBI raids of the peace activists’ homes in Minnesota, […]

  3. Rwolf Says:

    Don’t Think For A Moment—You Can Talk To The FBI Off The Record.

    If you are questioned by the FBI and (truthfully) answer “No” to a question, you might be charged for making a false statement. For example, if someone (unbeknownst to you) proposed committing an act of violence or other crime at an activist meeting you attended—then later the FBI questions you about having knowledge of that proposal, by answering “No” the FBI can charge you with providing a false or misleading answer or lying to a federal agent under 18U.S.C. § 1001. This law is a trap for the innocent, because how can you prove you didn’t know something? Even answering, “yes” under this law can be hazardous.

    Consider the U.S. Supreme Case BROGAN v. UNITED STATES No. 96—1579. Argued December 2, 1997 Decided January 26, 1998: James Brogan was indicted on federal bribery charges and for making a “false statement” within the jurisdiction of a (federal agency) in violation of 18U.S.C. § 1001.
    Note under 18U.S.C. § 1001, that any person questioned by the FBI or other Federal Agency can be imprisoned up to 5-years and fined $10,000 for every “misleading or false answer”; that includes any false or misleading statement made to the FBI when questioned about a crime you did not commit or crime the Government can’t prove you did.

    Under BROGAN v. UNITED STATES, Supreme Court Justice Ginsburg noted that when the FBI questions someone about an “old crime” after the Statute of Limitations past for criminal prosecution, and the questioned person denies having committed the crime, that their fresh denial may involuntarily waive their right to assert in their defense—the statute of limitations has past for criminal prosecution e.g., for a 20-year old crime.

    Consequently if you are ever questioned by the FBI or other federal agency or by a local cop, which some have been federally deputized, about a past crime or about having knowledge of anything illegal happening in the future, the smart thing to do is remain silent and if necessary state to the FBI or other law enforcement “Before I answer any of your questions I first need the benefit of an attorney.” Keep in mind there is no such thing as talking to an FBI Agent or any federal agency off the record. Consider the case of James Brogan. The FBI came by Brogan’s office and gave the appearance their visit was informal, then after asking a few questions indicted Brogan for lying to the FBI. Below is a summary of the U.S. Supreme Court decision: BROGAN v. UNITED STATES No. 96—1579 and Website access to learn more about the Brogan Case and 18 U.S.C. § 1001.


    Argued December 2, 1997–Decided January 26, 1998 Petitioner falsely answered “no” when federal agents asked him whether he had received any cash or gifts from a company whose employees were represented by the union in which he was an officer. He was indicted on federal bribery charges and for making a false statement within the jurisdiction of a federal agency in violation of 18 U.S.C. § 1001. A jury in the District Court found Brogan guilty.

    The Second Circuit affirmed, categorically rejecting Brogan’s request to adopt the so-called “exculpatory no” doctrine, which excludes from §1001’s scope false statements that consist of the mere denial of wrongdoing. Held: There is no exception to §1001 criminal liability for a false statement consisting merely of an “Exculpatory No.” Although many Court of Appeals decisions have embraced the “Exculpatory No” doctrine, it is not supported by §1001’s plain language. By its terms, §1001 covers “any” false statement–that is, a false statement “of whatever kind,” United States v. Gonzales, 520 U.S. ___, including the use of the word “no” in response to a question. Petitioner’s argument that §1001 does not criminalize simple denials of guilt proceeds from two mistaken premises: that the statute criminalizes only those statements that “pervert governmental functions,” and that simple denials of guilt do not do so.
    United States v. Gilliland, 312 U.S. 86, 93, distinguished. His argument that a literal reading of §1001 violates the “spirit” of the Fifth Amendment is rejected because the Fifth Amendment does not confer a privilege to lie. E.g., United States v. Apfelbaum, 445 U.S. 115, 117.

    Brogan’s final argument that the “exculpatory no” doctrine is necessary to eliminate the grave risk that §1001 will be abused by overzealous prosecutors seeking to “pile on” offenses is not supported by the evidence and should, in any event, be addressed to Congress.
    Pp. 2—8. 96 F.3d 35, affirmed. Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O’Connor, Kennedy, and Thomas, JJ., joined, and in which Souter, J., joined in part. Souter, J., filed a statement concurring in part and concurring in the judgment. Ginsburg, J., filed an opinion concurring in the judgment, in which Souter, J., joined. Stevens, J., filed a dissenting opinion, in which Breyer, J., joined.


  4. January 17: Protest the Criminalization of Dissent! | Montgomery County Civil Rights Coalition Says:

    […] To learn more about the FBI raids, visit the online version of a DC Civil Liberties Coalition teach in about the September 24 raids,, or the Defending Dissent Foundation.  To learn more about Bradley Manning and the […]

  5. » Blog Archive » Activists report suspicious government activity: the Nov. 6 FBI raids forum Says:

    […] The FBI Raids: Activists Respond to Government Intrusion (part 1) Relevant links […]

  6. Activists survey challenges to dissent at Wheaton forum, propose Rapid Response Network | Montgomery County Civil Rights Coalition Says:

    […] about them here).  Ms. Bonson also explained how this forum returns to MCCRC’s origins in a 2010 teach-in prompted by raids and grand jury harassment of peace and social justice activists in Chicago and […]

  7. Video: Kit Bonson introduces Defending Dissent forum | Montgomery County Civil Rights Coalition Says:

    […] November 10, 2010 teach-in: videos and resources about the September 24 2010 FBI raids, the threat of grand juries, and the Holder v. Humanitarian Law Project ruling broadening the definition of “material support.” […]

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