Submitted by: Mike Spindell, Guest Blogger
A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it.
“A federal judge on Tuesday gutted the government’s case against seven members of a Michigan militia, dismissing the most serious charges in an extraordinary defeat for federal authorities who insisted they had captured homegrown rural extremists poised for war. U.S. District Judge Victoria Roberts said the members’ expressed hatred of law enforcement didn’t amount to a conspiracy to rebel against the government. The FBI had secretly planted an informant and an FBI agent inside the Hutaree militia starting in 2008 to collect hours of anti-government audio and video that became the cornerstone of the case.” http://www.huffingtonpost.com/huff-wires/20120328/us-fbi-raids-militia/
A four year investigation of this group by the FBI, that included planting two people in it as “members”, finally led to the indictment and the subsequent dismissal of most charges against this group. They had met and trained over the years in a common cause of hatred of the Federal Government and the desire to see it overthrown. They had at no time taken any definitive action towards implementing their beliefs, other than an exercise of their freedom to speak and believe in ideas far outside of mainstream thought. Behind the actions of the FBI was the premise that they were acting in defense of American freedom. Were they really, or were they overstepping the bounds of protected Constitutional conduct?
“The court is aware that protected speech and mere words can be sufficient to show a conspiracy. In this case, however, they do not rise to that level,” the judge said on the second anniversary of raids and arrests that broke up the group.”
“[Judge] Roberts granted requests for acquittal on the most serious charges: conspiring to commit sedition, or rebellion, against the U.S. and conspiring to use weapons of mass destruction. Other weapons crimes tied to the alleged conspiracies also were dismissed. Prosecutors said Hutaree members were anti-government rebels who combined training and strategy sessions to prepare for a violent strike against federal law enforcement, triggered first by the slaying of a police officer.”
“But there never was an attack. Defense lawyers said highly offensive remarks about police and the government were wrongly turned into a high-profile criminal case that drew public praise from U.S. Attorney General Eric Holder, who in 2010 called Hutaree a “dangerous organization.”
“David Stone’s “statements and exercises do not evince a concrete agreement to forcibly resist the authority of the United States government,” Roberts said Tuesday.”His diatribes evince nothing more than his own hatred for – perhaps even desire to fight or kill – law enforcement; this is not the same as seditious conspiracy.””
“The FBI had put a local informant, Dan Murray, inside the militia in 2008 and paid him $31,000. An FBI agent from New Jersey also was embedded. Steve Haug, known as “Jersey Steve,” posed as a trucker and spent month’s secretly recording talks with Stone. He even served as Stone’s best man at his wedding, a celebration with militia members wearing military fatigues.”
“[FBI Agent] Haug repeatedly talked to Stone about building pipe bombs and getting other sophisticated explosives. The FBI rented a warehouse in Ann Arbor where the agent would invite him and others to store and discuss weapons.”
Those seven quotes above pretty much give you a picture of the Huffpost article and the issues involved in this case. At the end of this post I’ll supply more links for those who want to dig deeper into the case. This story though, based on the article supplies the essence of why I have been a lifelong supporter of the ACLU and also what drew me to Professor Turley and his blog.
In my opinion there are two key elements in this case that call into question the actions taken to “Defend Our Freedoms” in this instance by the Justice Department/FBI and in many others throughout American history. The first element is that of “Freedom of Speech”. The presumption of this “freedom” is that as Americans we can believe and discuss anything, providing we take no affirmative actions to inhibit the rights of others in their exercise of their own constitutional freedoms. This “Hutaree” Group believed in some wacky things, they were not hesitant to discuss their beliefs and use them to recruit others to their cause. The question devolves upon what is the role of government in monitoring organizations such as this, which could potentially at some future time pose a dangerous threat?
The second element that I see is the placement of an informant (Dan Murray) and an FBI Agent (Steve Haug) inside the organization. Were these men merely gathering information, or were they acting as “agents’ provocateurs” in moving this group more towards the type of affirmative actions that would turn this into an illegal conspiracy? It would seem that Agent Haug’s repeated discussions with Stone, the group’s leader, about building bombs and explosives, was leading the group on into criminal conspiracy.
That the FBI rented a warehouse where Haug could help push the group to action and weapons storage also seems a case of trying to bring about a desired result, where perhaps in the absence of provocation the group would have remained little more that a impotent debating society. Indeed the Judge’s dismissal seems to indicate that despite the provocations by the undercover operative this group was impotent and certainly not a threat.
I believe that Judge Robert’s decision was the correct one. While I understand the need for American Law Enforcement to protect us all from internal threats, I don’t believe that Law Enforcement or Security Agencies should be able to simply pick on those whose beliefs they consider abhorrent and actively work to push these groups into compromising positions. This has often been the case as COINTELPRO clearly illustrated. In that line also was J. Edgar Hoover’s bugging of Martin Luther King and the various anonymous threats the FBI sent to MLK in order to destroy the Civil Rights Movement, which Hoover, an ardent racist, hated.
However, I’m well aware that one can find certain instances where Law Enforcement intervention might have and actually did, avert tragedy. So the question I pose to the reader is what is acceptable government intervention in instances of “radical” groups, if any?
http://www.urbandictionary.com/define.php?term=meme
http://en.wikipedia.org/wiki/Hutaree
http://volokh.com/2012/03/27/acquittals-in-hutaree-militia-case-as-to-the-most-serious-charges/
Submitted by: Mike Spindell, Guest Blogger
Mike,
Off topic but involving the FBI and its cozy relationship with mob boss Whitey Bulger:
How Whitey Bulger Corrupted The Justice System
http://www.npr.org/2012/02/05/146160732/how-whitey-bulger-corrupted-the-justice-system
Elaine,
Thanks for the link and not really off topic. The FBI has through the years gotten in bed with many nefarious characters as they pursue their role of “defending our freedoms”.
I must admit that of late my guest blogs have taken a rather dystopian turn when I muse upon the many hypocrisies marking the American system. There is a certain bemusement I have with myself because at the same time I view many things with cynicism, I have remained an optimist and within the past two years have been the grateful recipient of life saving medical treatment.
There really is no dichotomy within me because while I decry the gulf between American pretension and reality, my view is that there is no other country that is not infected with enormous differences between how they pretend to be and how they really are. This is the current human condition and humanity’s only hope is evolution from predator/prey to cooperative coexistence. I believe that we will evolve (consequently my optimism) though I won’t see it. I am trying in my own small way to bring this change about by bringing to light the supportive mythology of predator/prey and exposing the reality underlying it.
Henman and Lotta,
Could it be Federal Bureau of Intrigue?
The violent wars and the rulers reasons are chronicled back to 320 BC in India. The Chandragupta dynasty started then. A brahman was said to be the mastermind behind the king. Can you imagine, he detailed in writing the hundreds of state functionaries, their duties, qualifications, etc.
Do animals have egos? Rulers sure do.
Protection by growth though, seems kinda biological.
HenMan, a long time and it’s not limited to “terrorists”, terrorism is just the entrapment scenario du jour. Just google “fbi entrapment terrorists”, same for “fbi entrapment environmentalists”. I’m sure “anti-war” could be plugged into the search and turn up another long list going back almost 50 years.
FBI Terror Stings: Entrapment or Prevention?
“…Sting operations, choreographed by FBI and Justice Department officials in Washington, have included plots against skyscrapers in Dallas, Texas, Washington subways, a Chicago nightclub and New York’s John F. Kennedy International Airport.
All the plots have been fictional. The intent, the FBI says, has been real. And the government has a string of convictions to back that up, a track record that has made undercover stings one of the government’s go-to strategies in terrorism cases.
But the tactic is not without its critics. Each arrest has been followed by allegations of entrapment and claims that the government is enticing Muslims to become terrorists, selling them phony explosives, then arresting them.”
http://www.cbsnews.com/2100-201_162-7103284.html
The meme that violent aggression makes the world a better place, not only for those who carry out the aggression, but for those who suffer it as well, is a meme that stretches much further back than this american experiment.
When did the Federal Bureau of Investigation become the Federal Bureau of Instigation?
Mike S.
One good idea deserves company.
Shall we all list the other memes?
Constitution………………..next turn. BTW, good job.
“Law Enforcement” does the definition include promoting unlawful acts either verbally or by overt actions in order to chatch another doing as you advocate, instruct or demonstrate?
What legal theory gives the police the right to lie when it is against the law for you to lie to the police? If lying is bad…
The answer of course is that we have a legal system NOT a justice system. We have a system where if you are powerful or rich enough you can be exempt from the legal system. You remember, “I want to look forward…” No man is above the law… All men are created equal… All men are equal it the eyes of the law… The land of the free… Sorry elemenatry school reminders.
Pogo said it correctly about 60 years ago when he said, “we have met the enemy and he is us.”
Blouise,
Actually good starting points. Should keep them and the courts busy for years. We would all stand outside and cheer as they ride away to prison.
If the FBI would “infiltrate” Corporate Boardrooms they wouldn’t have to spend any time at all “leading” members into crime. All they’d have to do is document the crimes in progress.
Better yet, they could infiltrate the back rooms of Congress and really protect our freedoms.
I’m not being flippant.
I thank everyone for their comments so far. The use of the “defending freedom” meme has been used since our country began to justify tyrranical acts by government agencies. There is literally so much documented evidence of this that it requires a large book just to reference the instances.
The undercover federal agents are always trying to artificially bring criminal activity into fruition. That is why cops pose as prostitutes to seduce men. That is why cops infiltrate militia groups and become the most radical members of those groups, seeking to move the group toward criminality. That is why the FBI approaches young, mentally unstable, Arab men, and actively convinces them to take from them dummy bombs and try to blow things up with them. Remember that the State Department intended to revoke the visa of the underwear bomber, but an unnamed government agency intervened and instructed the State Department not to because he was being closely monitored by that agency, thereby allowing him to board the aircraft. Much crime is a result of government agencies seducing people into committing it.
Mike,
I really enjoyed your article. The abuses of the FBI in the last decade alone are enough to turn your stomach. If these creeps can be entitled to their freedom to rail against the government and arm themselves accordingly, how can the OWS protestors be abused on a national scale without ramifications against the NYPD, Chicago and Oakland police and others?
Mike,
Great article. I wonder if you saw this article at Wired in preparation for it? I was thinking about writing an article on this issue, but it seems to segue nicely into what you’ve done here.
FBI Taught Agents They Could ‘Bend or Suspend the Law’
“”[A]ccumulating data about you isn’t just a strange hobby for these corporations. It’s their whole business model,” said Franken. “And you are not their client. You are their product.””
Mike S,
A very important subject near to my heart. Thanks.
To All,
OT
Franken warns for Google et al getting too big so can ignore private persons rights to privacy.
http://www.huffingtonpost.com/2012/03/30/al-franken-privacy-facebook-google_n_1392442.html?ref=technology
Excellent comments all. Hope I don’t sound like I, just I, am the one to judge the comments.
What Dredd said, but an addition.
I think the FBI and other opinion seekers should go back to playing checkers, surfing porn, and drinking coffee.
Seriously, they should not do shinola. Destructive of freedom.
Destructive of public trust. Destruction of the Costitution. War on the populace quite simply.
I prefer a hundred dead to a “dead” three hundred million. If you get what I mean.
And Obama and Holder should stop opening their mouths as cheerleaders in processes before another separate branch of government.
Here it was Holder, and Obama judged Manning as guilty. How stupid or maktfullkomligt is that?
“So the question I pose to the reader is what is acceptable government intervention in instances of “radical” groups, if any?”
Lead them in a proper direction, not in a criminal direction.
Get rid of government policies that engender hatred of government, such as “too big to jail.”
Begin the example at the top: big oil, big pharma, big military, big pollution, government, big media, and wall street,
None dare call it treason. And none in Congress dare call some crime as charged here “treason”. Article III, Section 3 sets forth the crime of treason and the two witness requirement. These pseudo crimes do not comport. Why term it sedition when it is either treason or not. Agents who commit crimes along the way are criminals. Cointel gave automatic weapons to the Klan. MKULTRA was a CIA project to subject mental patients in state mental hospitals to LSD experiments. We prosecuted the Germans at the Nuremberg Trials for destabilizing human rights by their Reichstag Fire Decrees and laws thereafter which eliminated human rights protections. America, the Exceptional Nation, is now doing worse.
Mike, great post….
The remaining two defendants cut a deal….. And the case was settled…. I have kind of been keeping up with this case from the beginning, for obvious reasons…. And I know some of the players…..
I think the government case was shit from the beginning….. It was all based upon paid informants…. There were more than the one listed by the government…..
FYI…. The folks representing these defendants were all court appointed…. When you hear bashing about court appointed lawyers….. These attorneys were stellar…..
A little history… If the Toledo War hadn’t ended the way it did….. Would this be part of Ohio? Would Michigans UP still be part of Wisconsin……..