August 29, 2012
Lauren Regan, CLDC Director & Staff Attorney
Northwest Activists Fight FBI Repression Yet Again
The Federal Bureau of Investigations must be pretty hard up for work right now, since they seem to have nothing better to do with their time then “investigate” (i.e. terrorize people, raid their homes, steal their belongings, subpoena law abiding people to grand juries against their will, and threaten with imprisonment) minor property damage that allegedly occurred to corporate buildings during May Day protests in Seattle, WA. What once was the purview of county district attorneys has now been infused with seemingly limitless federal “anti-terrorist” funding so that allegations of vandalism now rise to federal crimes. These “investigations:” knock and talks, raids, arrests, and serving grand jury subpoenas, are currently taking place throughout the Northwest and appear to be more focused on monitoring and documenting radical social scenes than actually keeping society safe from violent crime. In perpetuating the Green Scare, it would appear that the government continues to attempt to mischaracterize dissidents as terrorists in order to marginalize and diminish the movements currently effectively challenging government. Clearly, the government views movements such as Occupy as threats to business as usual, and fears their ability to mobilize and revolutionize the American masses.
On July 23, 2012, Oregon federal search and seizure warrants were issued identifying 3 Portland houses, 2 vehicles, 5 people, and their clothing. Similar warrants were issued in Olympia and Seattle. Items authorized by the Court to be seized by the FBI included: clothing and related articles worn during commission of the offenses, including but not limited to: black clothing, backpacks, face coverings, shoes; paint (green, red, black, grey, and blue/purple); sticks and flags similar to those used or carried [during the May Day protests], and material for making flags; “anti-government or anarchist literature or material;” documentation and communications related to the offense, including but not limited to notes, diagrams, letters, diary and journal entries, address books, and other documentation in written or electronic form; [*basically giving the feds full access to search every single document, email or ANYTHING located on any computer, hardrive, or phone. Nothing will not be read by the FBI]; indicia of possession of relevant items; flares or similar incendiaries; and computers, cell phones, mobile communication and storage devices, and electronic storage media of any form.
On July 25, 2012, Portland activists awoke to early morning raids by over 60 FBI agents wearing paramilitary uniforms and weaponry. Clearly, these costumes were necessary to try and convince the media and public that this raid was to keep society safe from terrorists—not simply to investigate people who may or may not have information about who may have broken a window at a Seattle Starbucks. FBI agents appeared confused when all they encountered were sleepy young people who were civil to their intrusion. Another warrant was served at a Seattle home and also listed black clothing, electronics, and “paperwork—anarchists in the Occupy movement.” A telling disclosure.
In the aftermath of the raids, FBI agents also served federal grand jury subpoenas on several activists. Grand juries are secret investigative bodies that issue indictments for federal or state felonies. The government has used grand juries to cause fear and mistrust in dissident communities and movements by encumbering activists with subpoenas and by denying those witnesses subpoenaed basic constitutional protections.
One of the reasons grand jury proceedings and subpoenas are such an effective tactic against dissidents is its secrecy. It is extremely difficult to obtain information and court documents relating to grand juries and its victims because of the secrecy that surrounds these proceedings. The government may have a single target of its investigation, can alter the course and scope of the investigation at any time, or may not have any leads on a “cold case” and will merely throw out grand jury subpoenas in the hope of getting lucky. It is extremely important not to speculate about what a grand jury investigation may be looking for—you may give the government an idea that it was unaware of. It is important to remember that the person who receives the subpoena is completely free to disclose anything that they wish about the investigation or questioning that took place.
Federal investigations like the ones currently ongoing are particularly suspect because they blatantly appear to target political beliefs or associations—whether Occupy activists or “anarchists.” Historically, anarchism as a philosophy has been the scapegoat of untold attempts at government repression. Within the Occupy movement, law enforcement attempts to blame acts of property destruction or civil disobedience on anarchists and their influence in an attempt to divide and conquer a mass movement whose diversity of philosophy and tactics scares the crap out of the feds. Despite the fact that the feds have recently infiltrated those movements, campaigns, and even vegan potlucks, they’ve sent in provocateurs to sleep with young anarchist activists, and have spent millions and millions of dollars unsuccessfully attempting to crush activists who dare to participate in activities such as free schools, feeding the homeless, and community self-sufficiency, they still believe they need additional psychological profiling in order to understand and destroy the anarchist influence. One must wonder: why is the government so threatened by this philosophy? Shouldn’t they be more worried about corporations that murder countless people and other living things for profit? We certainly didn’t hear about paramilitary raids and grand jury witch hunts over the Wall Street/subprime mortgage/foreclosure debacles. Has the FBI sent any undercover agents in to infiltrate big banks? Predictably, there is no lack of federal will to go after the citizens who are exposing those institutions, diminishing their profits, and attempting to create a more just and humane society. And, even more important, despite the billions of dollars, spies, imprisonment, technology, and weaponry that have been used against these community volunteers and/or political activists, the government has been unsuccessful in crushing the movements and their participants. “What does not destroy [us], makes [us] stronger.” Friedrich Nietzsche, Twilight of the Idols, 1888.
At least two Portland activists were subpoenaed to a Seattle grand jury and were scheduled to testify on August 2, 2012. Once you are subpoenaed, you are required to show up and answer any question put to you by a federal prosecutor from the US Attorneys office. The grand jury room consists of the prosecutor, 23 federal grand jurors whose names are selected from a normal jury pool (usually voter and DMV lists), a court reporter, and the witness. There is no judge in the grand jury room, no lawyer for the witness (I often have to wait in the hallway or in a small conference room for my client to come out to confer with me), and importantly, no accused individuals able to present exculpatory evidence. Since the prosecutor only shows the grand jurors what he or she wants them to see in order to get an indictment, there is a saying that a grand jury would indict a ham sandwich. If you are subpoenaed, you need to get a lawyer as soon as possible. Contact the CLDC and we will do our best to help you find an attorney with experience representing people in political grand jury proceedings. NEVER TALK TO LAW ENFORCEMENT AND/OR THE FEDS WITHOUT A LAWYER PRESENT (if at all).
One Portland woman, 24-year-old Leah-Lynn Plante, was prepared to go to jail for refusing to talk about who may have been involved in the politically motivated vandalism in downtown Seattle on May Day—even though she was never in Seattle on that date. She showed up on August 2nd with her attorney, entered the grand jury room by herself, and was asked her name and date of birth, which she answered. When the prosecutor asked her the next question, she asserted her constitutional rights and refused to answer the questions. The assistant US Attorney must now go to his boss in Washington, DC and seek ‘immunity’ for Ms. Plante in order to eviscerate her constitutional rights and force her to answer questions or be found in civil contempt of court. Once immunity is thrust upon a witness by the feds, that means that they cannot prosecute the witness for any crime disclosed under grand jury interrogation—the witness is ‘immunized’ from criminal prosecution. The feds of course can go after the witness’s friends, loved ones and community members; and they can go after the witness for perjury if they believe the witness is lying.
Once immunity is thrust upon the witness, if they continue to refuse to answer questions, they will most likely be brought in front of a judge. The judge will order the witness to cooperate with the feds and answer all of the questions. The witness will then be returned to the grand jury room, asked the questions again, and if refused, they will all return to the judge’s courtroom again for a civil contempt hearing. If the court rules that the witness is in contempt of court for refusing to answer questions, the witness can be immediately sent to jail until either the witness agrees to cooperate with the government, or, the witness can convince the judge that the coercive purpose of jailing a person will never be served in this instance because the witness will not change their mind and cooperate with the grand jury inquisition. Once they establish that they will not agree to testify, the witness may be released from jail.
So, Ms. Plante was spared the jail cell on August 2nd, but it is likely that when she is returned to the grand jury on August 30th, the prosecutor will be waiting with that immunity document in hand, and the threat of imprisonment will be intensified. Historically, most political grand jury resisters have been kept in jail for no more than 6 months before they have been “purged of their contempt.” Six months in jail NOT for committing a crime, but for simply exercising constitutional rights and resisting the government’s attempts at disrupting radical political movements. It seems completely logical that activists who dedicate their lives toward fighting against the evils of the federal government —whether environmental destruction, wars (including drug wars), genocide, or corporate greed and corruption—would never voluntarily cooperate with that machine to destroy the very movements they are a part of.
Over 350 organizations from across the United States, including the Civil Liberties Defense Center, have signed a solidarity statement in support of those in the Pacific Northwest currently resisting the grand jury called for August 30th. Find out how you can show solidarity for these activists and stay tuned for more information. Schedule a grand jury training with the CLDC in your community (we will be in Portland on 9/6 and Olympia on 9/7-www.cldc.org for more info). Be smart. Be aware. Know your rights.
Below is a statement from Leah-Lynn Plante on her refusal to testify before the pending grand jury.
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August 28, 2012
My name is Leah-Lynn Plante, and I am one of the people who has been subpoenaed to a secret grand jury, meeting in Seattle on August 30.
This will be the second time I have appeared before the grand jury, and the second time I have refused to testify. The first time was on August 2. I appeared, as ordered, and I identified myself. Then the US Attorney asked if I would be willing to answer her questions. I said, No, and was issued another subpoena, this time for the 30th.
A month later, my answer is still the same. No, I will not answer their questions. I believe that these hearings are politically motivated. The government wants to use them to collect information that it can use in a campaign of repression. I refuse to have any part of it.
It is likely that the government will put me in jail for that refusal.
I hate the very idea of prison. But I know, if I am sent there, I will not be alone. I can only speak for myself, but I have every faith that the others subpoenaed to these hearings will likewise refuse. And I know that hundreds of people have called the US Attorney demanding that they end this tribunal. Hundreds of organizations, representing thousands of people, signed onto a statement expressing solidarity with those of us under attack and demanding an end to this sort of repression.
I know that those people will continue to support me, and the others subpoenaed, and the targets of the investigation. That spirit of solidarity is exactly what the state fears. It is the source of our strength, yours and mine. And that strength shows itself in every act of resistance.