The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. -- The Fourth Amendment of the United States Constitution.


America's Dirty Little Secret, Domestic Surveillance.



"Since when did feeding the homeless become a terrorist activity?" asked ACLU Associate Legal Director Ann Beeson. "When the FBI and local law enforcement target groups like Food Not Bombs under the guise of fighting terrorism, many Americans who oppose government policies will be discouraged from speaking out and exercising their rights."
Documents Obtained by ACLU Expose FBI and Police Targeting of Political Groups (5/18/2005)




Food Not Bombs, Communist Party of Texas on"Terrorist Watch List"
In a guest lecture at the U.S. Law and National Security course at the University of Texas School of Law on Wednesday, March 8, 2006 FBI Supervisory Senior Resident Agent G. Charles Rasner listed Indymedia, Food Not Bombs, and the Communist Party of Texas as "Terrorist Watch" cause groups in Austin. Food Not Bombs, Communist Party of Texas on "Terrorist Watch List"




The Bush Administration has benefited from 9/11 in the sense that the government can now spy on just about anyone under the guise of possible terrorist activity. The examples can be seen in the recent revelations of the National Security Agency's (NSA) warrantless wiretapping of thousands of innocent Americans. While most of us assumed these methods are used to only monitor terrorists, the evidence shows that the Administration has been collecting phone call and e-mail records of millions of Americans. The idea that the government was capable or even willing to do this seemed farfetched before 9/11. The unfortunate reality is that although 9/11 gave this Administration the excuse to be somewhat open about and step up their spying, the surveillance began before the tragedies of that day.
Food Not Bombs volunteers tortured

Myths About Domestic Spying

  • Domestic Spying is harmless if you are not a terrorist. Innocent people have nothing to worry about
  • Domestic spying started as a response to the 9/11 terrorist attacks
  • Domestic Spying has made America safe
  • The FBI is the only agency spying in America

Members of Congress, journalists, lawyers and government officials give the impression that domestic surveillance is harmless and limited to investigating terrorism. but the truth is that federal, state and local governments are working in cooperation with corporations and private associations to investigate and disrupt Americans opposed to the policies of the Bush administration and their corporate friends. They are spying on grandparents, students and other regular Americans just like you and me. This spying didn't start after 9/11 nor did it begin with George W. Bush. And this spying isn't limited to the government. A host of corporations and associations also infiltrate, wiretap and conduct covert actions against legal non-violent community organizations. The government's domestic surveillance has as much to do with silencing opposition to Bush's corporate agenda, as it has to do with fighting terrorism.

Currently, millions of tax dollars are being spent to monitor groups of Americans that oppose the policies of the Bush administration and their corporate sponsors. Non-profits, peace activists, and pacifists have been targeted, including Food Not Bombs.

Examples of surveillance and disruption of Food Not Bombs

In 1981, Food Not Bombs organized a peace march to Draper Laboratory in Cambridge, Massachusetts. Draper Laboratory was in the process of designing systems for nuclear missiles. The march was sponsored by Food Not Bombs and the Cambridge City Council. Food Not Bombs first realized that Food Not Bombs was under government surveillance when the secretary of the City Council told the volunteers that a man from the CIA had stopped by and was looking for them just prior the protest.

Eight years later In 1989, just before the fall of the Berlin Wall and the end of Communism, the United States military held classes at the Presidio of San Francisco on domestic terrorism using Food Not Bombs as their case study, classifying our organization as one of "America's Most Hardcore Terrorist Groups."

One of the most widely reported examples of the government spying on Food Not Bombs came to light on December 13, 2005, when MSNBC reported that the Pentagon had spied on 1,500 peace protests in the United States from November through May of 2004. Food Not Bombs organize and participated in one of these protests.

The Department of Defense database, published by MSNBC, states that from November 19, 2004 to November 21, 2004 the Pentagon monitored the "Planned Demonstration at Fort Huachuca AZ Sierra Vista." They also listed it as a "Threat" and that it is "Open/Unresolved" and "Credible." One man who attended our November 19, 2004 meeting at a cafe in downtown Tucson seemed suspicious. When we arrived at the protest three men stood at the door of the Food Not Bombs bus and took photos of each person who exited.



This isn't the only evidence we have that the government is spying on Food Not Bombs. The American Civil Liberties Union (ACLU) published a December 7, 2004 FBI Joint Terrorism Task Force (JTTF) documents about an FBI "routine" investigation into Food Not Bombs. A December 7, 2004 memo to the Denver FBI office from a Denver Squad 5/JTTF Special Agent reads, "Synopsis: To document information regarding Sarah Bardwell and Food Not Bombs."

It goes on to say "Details: as previously noted in serial 4, Colorado has several active Food Not Bombs (FNB) groups in Denver, Boulder, Fort Collins and Durango." (We are interested to see what serial 4 has to say about Food Not Bombs).

The memo continues, "On August 1, 2003, eight individuals were arrested at the so-called Denver FNB house at 1435 Lipan Street. The Charges included obstruction police/fire, disturbing the peace, resisting arrest and assault. These arrests were noted in this investigation due to (i) the close association between FNB and Anarchist Black Cross movement and (ii) the close proximity of the FNB house to 923 Lipan Street, the location of the Anarchist Black Cross Denver."

FBI memo about Food Not Bombs in Colorado

Denver Food Not Bombs house raided by police using mace



It is not clear why any association between FNB and Anarchist Black Cross would warrant the FBI to initiate this investigation. Anarchist Black Cross sends letters of support to political prisoners and on occasion they collect books to send to political activists sitting behind bars. The Food Not Bombs website and literature have stated that we work in solidarity with groups including the Anarchist Black Cross.

The FBI's interest in the lawful actions of Colorado's non-violent activists has had a chilling effect on movement. Due to this FBI investigation, many Denver activists became fearful, even to the point where it prevented them from exercising their Constitutionally protected right of free expression.

In the November 14, 2005 edition of Newsweek, Michael Isikoff wrote about the case of Food Not Bombs volunteer Josh Connole, "a 27-year-old ex-commune member who had been arrested - and later released - on suspicions he was one of the eco-terrorists who had fire bombed SUV dealerships in the summer of 2003." Mr. Isikoff reported, "The FBI collected detailed data on political activities and Web postings of suspected members of a tiny environmentalist commune in southern California two years ago as part of a high-profile counter terrorism probe, bureau records show."

The article states "Agents placed the commune under surveillance and developed a political profile of the residents, discovering the owner of the house and his father 'have posted statements on web sites opposing the use of fossil fuels,"9 one doc reads. Another says the owner had ties to a local chapter of Food Not Bombs, an 'anarcho-vegan food distribution group.'"

Shortly after Michael Isikoff's article, there were numerous other media reports about domestic surveillance on people who volunteered with Food Not Bombs. Karen Abbott of the Rocky Mountain News reported on December 8, 2005 that "The American Civil Liberties Union of Colorado said it will release documents today that show FBI agents improperly spied on peaceful protesters in Colorado Springs in the name of combating terrorism." In the article, Mark Silverstein, ACLU legal director in Colorado stated, 'These documents are further confirmation of our contention that the FBI's Joint Terrorism Task Force is wasting resources and threatening First Amendment rights by equating non-violent protest with what it calls domestic terrorism'.

Ten days later on December 18, 2005 two former Food Not Bombs volunteers were arrested in Arizona. Sarah Harvey was captured in Flagstaff, and Catalyst Bookstore co-founder Bill Rodgers was arrested in Prescott, Arizona on terrorism charges. A week later Rodgers was found dead in a Coconino County jail cell. They were arrested after being named by paid informants.

The Seattle Times reported on about Sarah's arrest on December 19, 2005, "An informant may also have led to the arrest in Arizona of Sarah Harvey, also known as Kendall Tankersley, who is accused of participating in a 1998 fire at U.S. Forest Industries in Medford, Oregon. The daughter of two attorneys, Harvey was homeless for a period in Eugene, and between 1997 and 1999 worked at Food Not Bombs, an agency that distributes food to the homeless, said Patricia Siering, a professor at Humboldt State University in California who met her years later."

Also all three California offices of the ACLU announced on December 21, 2005 that they had filed a Freedom of Information Act (FOIA) request from the California Anti-Terrorism Information Center on behalf of a number of non-violent community groups - including Food Not Bombs.

My case proves evidence that the government's warrantless spying didn't start started after 9/11 attacks. I first learned that the police were wiretapping my phone without a warrant in a memo dated 1989. An internal police memo by Richard Holder claims, "During my investigation, I was able to obtain the private phone number of "Food Not Bombs" organizer, Keith McHenry, who unknowingly was a great asset to this investigation." How I was "a great asset" to their investigation was and still is unclear to me. The memo reviews a phone conversation between Food Not Bombs co-founders C.T. Lawrence Butler and Keith McHnery. They were both excited because for the first time in Food Not Bombs history, Food Not Bombs would be sharing food at protests in three cities on the same day.

Officer Holder got Mr. McHenry's home phone number from an informant who overheard him giving it to Starhawk after a meeting in Berkeley, California. Food Not Bombs never planned "to blockade all the entrances to the Presidio" and they didn't plan "to hold a meeting in the Page Street Public Library at 19:30 hours on 10/04/88 to discuss demonstration strategy and strategy for the upcoming permit hearing on October 20, 1988," as the memo claimed. In fact, the volunteers were simply invited to speak at the regular monthly meeting of the Haight Ashbury Neighborhood Council - where they planned to talk about organizing neighborhood support at a public hearing about sharing food and literature at the entrance to Golden Gate Park. Why they needed to send an undercover cop to this meeting is unclear.

The local police captain attended the meeting every month and his report was generally on the agenda of the City Council meeting. (The entire memo can be found below). During almost ten years of civil and criminal cases about the events in this memo no warrant was ever provided. A videotape of the protests clearly shows a San Francisco Police officer dressed similarly to myself throwing a barricade at a line of riot police. It goes on to show the undercover cop pointing out people he felt should be arrested to uniformed officers The activists appeared upset with the undercover officer for pointing out the "leaders" to be arrested.

At the end of the tape, you can see six riot police throwing Keith McHenry to the ground and lifting him by his arms and legs. This act of violence literally ripped his tendons and ligaments, leaving him to this day in constant agony. In a trial about this event, the police expert referred to this act of police violence as a "cross chest takedown." For Mr. McHenry, it was the beginning of a series of similar police assaults that have contributed to his living in daily chronic severe pain that requires extensive medical assistance.

THE TEXT OF A SAN FRANCISCO POLICE DEPARTMENT WIRETAP MEMO

Memorandum
San Francisco Police Department
To: Deputy Chief Frank Reed
Patrol Bureau
From: Acting Captain Richard Holder
Commanding Officer, Park Station
Date: Tuesday, 09/27/88
Subj:"Food Not Bombs"
ISSUE: Activity update.

Discussion:

A. As per your request, I have conducted an investigation regarding the planned activity of the "Food Not Bombs" organization on October 15, 1988 at the Presidio. During my investigation, I was able to obtain the private phone number of "Food Not Bombs" organizer, Keith McHenry, who unknowingly was a great asset to this investigation.

B. "Food Not Bombs" current, and planned activity.

1. As part of a nationwide anti-war protest scheduled for October 15, 1988, "Food Not Bombs", plans to blockade all the entrances to the Presidio to support similar activity at the Pentagon and other military organizations. The goal is to shut down the Presidio all day by blocking and feeding demonstrators at the gates to the post. "Food Not Bombs" anticipates that this demonstration will draw more participants, 3000, than the last major demonstration at the Presidio on 03/26/88.

2. "Food Not Bombs" plans to hold a meeting in the Page Street Public Library at 1930 hours on 10/04/88 to discuss demonstration strategy and strategy for the upcoming permit hearing on October 20, 1988.
Deputy Chief Frank Reed
Patrol Bureau

Page 2
Subject: "Food Not Bombs"

3. In an effort to boost its strength "Food Not Bombs" has join forces with the Circle "A" Cluster group, the "Nuremberg Action" group, and the Walnut Creek Peace Center.

4. The founder of "Food Not Bombs", Lawrence Butler a.k.a. "CT" has flown in from the east coast to assist in the planning.

Concluson:

The currant activity of "Food Not Bombs" indicates that the group plans yet another confrontation with the police. The three groups now in alliance with "Food Not Bombs" are all involved in the Concord Naval Weapons Depot demonstrations, are all advocates of civil disobedience tactics, and non-cooperation with law enforcement agencies.

Recommodation:

A. That liaison be developed between the San Francisco Police Department Intelligence Unit, and Sgt. Ovid Holmes of the Contra Costa County Sheriff's Department Intelligence Unit. Sgt. Ovid has worked the three anti-war groups now in alliance with "Food Not Bombs".

B. That the Intelligence Unit monitor the October 4th meeting scheduled by "Food Not Bombs". attachments:

  • "Food Not Bombs" history
  • "Food Not Bombs" future actions
  • Anti-war group phone listings
  • "Food Not Bombs" menu
  • Blockade bulletin
  • "Food Not Bombs" information bulletin 002447

The "liaison (be) developed between the San Francisco Police Department Intelligence Unit, and Sgt. Ovid Holmes of the Contra Costa County Sheriff's Department Intelligence Unit."

This isn't the only liaison that was developed in order to spy on San Francisco Food Not Bombs. Dan Evans of The San Francisco Examiner wrote an article printed on April 1, 2002 on "on the hidden workings of the Anti-Defamation League and how three Bay Area activists were able to uncover a spy operation that reached into the San Francisco Police Department." Mr. Evens goes on to say that "The files included Social Security numbers, driver's license numbers, addresses, phone numbers and group memberships. Some of the information was sold to foreign governments, including Israeli and South African intelligence groups." The list of files included two entries about Food Not Bombs and myself under the heading "Pinko." San Francisco Police officer Tom Gerard worked in the departments intelligence division and provided information to Roy Bullock of the ADL. During the investigation into allegations of this spy operation the police entered Tom Gerard's locker at his office and discovered photos and documents showing that Gerard had worked for the CIA in El Salvador. Some of the photos show Tom Gerard standing next to a line of men sitting on chairs with black bags over their heads. I received over 700 pages of this investigation, which included these pictures and documents. Evans goes on, "By his own admission, Bullock had been working off the books as a fact-finder for the ADL since the mid-1960's. He would infiltrate not only openly anti-Semitic groups, but also pro-Palestinian and anti-apartheid organizations, usually under false pretenses. Bullock, who is not Jewish, would then pass that information along to the ADL."

The article goes on, "He received information about his targets from former San Francisco Police Inspector Tom Gerard, who fled to the Philippines after being indicted in 1994 for illegal use of a police computer. Gerard's current whereabouts are unknown." Evans' story continues, "On April 8, 1993, armed with this information, police in San Francisco and Los Angeles searched the ADL offices in those two cities. In San Francisco, roughly 10 banker's boxes of information -- 75 percent of which officers said was illegally obtained -- were seized."

"A majority of data in those boxes confirmed police suspicions that it had come from Bullock's computer. On that computer was information on 9,876 people, including 1,394 driver's licenses. The files were divided into five categories: "Pinko," "Right," " Arabs," "Skins," and "ANC," the last standing for African National Congress."

On Tuesday, May 2. 2006 Food Not Bombs activists Laurie Churchill and Keith McHenry were taken off American Airlines flight 47 from Heathrow, England to Chicago-O "Hare. Two Homeland Security personel meet them at the gate, took them to a back area of the airport and surched their belonings and questioned both of them for an hour. They asked questions about their involvment with what they called " the violent group Food Not Bombs"

In the spring of 2007 the New York chapter of the ACLU was given a number of files about the New York City Police Departments efforst to spy on people who might be attending protests at the Republican National Convention. Richmond, Virginia Food Not Bombs announced their interest in organizing an International Food Not Bombs gathering in New York during the convention. The New York chapter was excited to host the event. Documents published in the New York Times on May 17, 2007 indicate one reason the Food Not Bombs movement had problems pulling off the event. The text of an August 25, 2004 New York City Police Department memo indicates that the FBI infiltrated the Richmond, Virginia chapter of Food Not Bombs.

These are only a few examples of covert surveillance of Food Not Bombs. Because this is America's dirty little secret, reporters, government officials and the general American public often discounted any mention of surveillance and disruption of community groups. The most damaging examples remain secret because they are so vicious and disturbing that few Americans would believe them even though lawyers working for Food Not Bombs have thousands of documents, photos and audiotapes that verify these accounts. Most regrettable is the fact that many of the worse violations against Food Not Bombs do not have a paper trail and can only be supported by testimony from reluctant participants. For example several employees with Chevron Oil, Wackenhut Security and other large corporations have shared a number of frightening stories about their companies efforts against Food Not Bombs but it's been impossible to obtain any corroborating documentation. Another major operation was conducted by Interpol in 1995 where their top agent from Spain joined the "UnFree Trade Tour" as an anti-globalization activist. He emailed a smear campaign to an agent in New York who posted it to hundreds of activists. Each evening on the 60 day tour something odd would happen. One night a 11:30 PM an insurance agent came to measure the ceilings of the apartment where Food Not Bombs lived. There were midnight UPS deliveries to unknown people and Food Not Bombs co-founder Keith McHenry was taken into a back room at the Canadian Border where he would be shown a large stack of police files and questioned for an hour. Mr. McHenry was questioned by a group of Spanish activists at the Peoples Global Agenda Conference Europe when they saw the Interpol Agents photo in a scrap book at his table. They told Keith McHenry a number of detailed accounts of the agents efforts to harm the movement in Spain. Two of the three Americans involved in the tour have disappeared.

Much of the illegal efforts to stop Food Not Bombs do not have a paper trail there is enough information available to prove that government and private covert surveillance and disruption are a reality. While this article focuses on Food Not Bombs many groups including Earth First!, the Ragging Grannies, American Service Committee and many other community organizations can share their own stories of covert disruption by government and corporations.

The Bush administration is using the tragic events of 9/11 as an excuse to step up their surveillance and intimidation of innocent Americans, and the government will continue to use these tactics as long as the people let them.


May 18, 2007
Taos, New Mexico



LETTERS AND DOCUMENTS ABOUT SPYING ON FOOD NOT BOMBS










Food Not Bombs on the FBI's Terrorist Watch List. Food Not Bombs volunteers taken off flight from Europe and investigated by Homeland Security.
FBI letter about Keith McHenry and Food Not Bombs on the Terrorist Watch List U.S. Justice Department Letter supporting the San Francisco Police Deprtment's use of violence against Food Not Bombs volunteers
1988 wiretap memo of Keith McHenry's home phone U.S. Justice Department Letter supporting the San Francisco Police Deprtment's use of violence against Food Not Bombs volunteers
Amnesty International Letter about arrest and violence against Food Not Bombs volunteers United Nations Letter announcing an investigation into U.S. human rights violations against Food Not Bombs
FBI's Joint Terrorism Task Force targets peaceful Food Not Bombs activists for harassment, political surveillance FBI memo about Colorado Food Not Bombs
Pentagon TALON documents including the anti-torture protest in Arizona Bill Rodgers indictment
Sarah Harvey's indictment Government agencies Respond to ACLU requests for documents


SPYING ON FOOD NOT BOMBS BEFORE THE REPUBLICAN NATIONAL CONVENTION


Policing Protest: The NYPD's Republican National Convention Documents. NYC City Police Spied Broadly Before GOP Convention by Jim Dwyer.
August 25, 2004 New York Police Memo indication that the FBI infiltrated the Richmond, Virginia chapter of Food Not Bombs. FBIJTTF memo on investigation of Denver Food Not Bombs before the national conventions.
MEDIA ABOUT THE GOVERNMENT SPYING ON FOOD NOT BOMBS
















W Pushes Envelope on US Spying New postal law lets Bush peek through your mail by James Gordon Meek FBI Settles With Environmentalist - LA Times
F.B.I. Watched Activist Groups, New Files Show Protesters Subjected To Pretext Interviews, The Washington Post
Food Not Bombs, Communist Party of Texas on Terrorist Watch List On the Presidentuc0u144 s Warrantless Wiretapping Program by Russ Feingold
Homeland Security question Food Not Bombs volunteer Sarah Harvey arrested-Tucson Citizen
Bad Targeting Monday, January 30, 2006 washingtonpost.com KBR awarded $385M Homeland Security contract for U.S. detention centers
The Seattle Times reports on December 19, 2005 Food Not Bombs volunteer Sarah Harvey arrested-Tucson Citizen
Adversaries go inside ADL's spying operation ADL Spy Probe
Who Watches the Watchdogs? Organizations found in ADL files
ACLU Uncovers FBI Memos -Yes Magazine A Clockwork Orange - Orange County Weekly
MSNBC and other reports on domestic spying by the Pentagon Rolling Stone Looks at Tree-Huggers Who Didn't Just Play With Fire, Washington Post August 1, 2006
Catalyst Infoshop co-founded by Bill Rogers The disappearance of San Francisco Food Not Bombs volunteer Hugh Mejia


SOME GROUPS THAT SPY ON AMERICANS


FBI Anti-Defamation League of B'nai B'rith
The Wackenhut Corporation Anti-Defamation League of B'nai B'rith
The Safety Network Weed and Seed
The Citizen Corps TIPPS program Community Oriented Policing Services
The 1970 congressional investigations into COINTELPRO The CIA


MORE ABOUT DOMESTIC SPYING




Domestic Security Enhancement Act or Patriot II Transcription of GONZALES HEARING Monday, February 6, 2006





Food Not Bombs
P.O. Box 424, Arroyo Seco, NM 87514 USA
505-776-3880
1-800-884-1136
menu@foodnotbombs.net
www.foodnotbombs.net


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