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Context of 'June 26, 2002: Prosecutors File ‘Enemy Combatant’ Declaration for Padilla'

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Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

President Clinton signs into law the Brady Handgun Violence Prevention Act, sometimes called the “Brady Bill,” which imposes a waiting period for handgun purchases. Many gun enthusiasts are infuriated by the new law. The Southern Poverty Law Center will later observe that the “Brady Bill” and a 1994 ban on some assault weapons (see September 13, 1994) help spark the nascent militia movement. [Southern Poverty Law Center, 6/2001; US Government Info, 2010]

Entity Tags: Brady Handgun Violence Prevention Act, William Jefferson (“Bill”) Clinton, Southern Poverty Law Center

Timeline Tags: Civil Liberties, US Domestic Terrorism

An “umbrella” militia organization called the Tri-States Militia holds an organizing meeting. Group founder John Parsons, a South Dakota militia figure, tells the assembled militia members, “There is a thunder rolling across this country, and what you’re looking at is the lightning bolt in that thunder.” One of the Tri-States council members is Bradley Glover (see July 4-11, 1997). Part of the meeting is open to the press; Glover tells reporters: “We have two arms. The political side and the military side. We hope the political approach will solve our country’s problems, but if the situation deteriorates to the point where they deny our political efforts then we have the other side.” He tells the reporters that militias are little more than the “original neighborhood watch.” But one attendee at the meeting, recalling Glover’s statements in the portion of the meeting closed to the press, will call him a “crazy and dangerous” person who tried to push others into overt action at the meeting. Glover and other Tri-States members do not know that Parsons is a paid FBI informant who is earning $1,800 a month to run the Tri-States “National Information Center.” After members learn of Parsons’s FBI connections during the bombing conspiracy trial of militia leader Willie Ray Lampley (see November 9, 1995), the organization dissolves, with members accusing each other of a variety of crimes. Alabama militiaman Mike Vanderboegh accuses Glover of being an “agent provocateur,” paid by the government to encourage “patriots” to commit illegal acts and bring law enforcement down upon them. Vanderboegh says Glover “was tossed out of the organization for scaring little old ladies on patriot shortwave with tales of millions of jabbering communists poised to invade from Mexico… his mental health was the subject of intense and frequent debate during his association with Tri-States, and from personal observation I would say that he is either looney tunes or crazy like a fox.… It would be fair to say that he is an unstable personality with paranoid ideations [sic]. He started out with a pretty fair constitutional militia unit in Kansas, but his inherent instability caused most of his troops to vote with their feet to other, more responsible commanders (i.e., non-nutburgers that didn’t propose to START a war). Glover has a serious John Brown complex and has spoken of sparking the second American Civil War. He just can’t seem to figure out where Harper’s Ferry is at.” With his credibility among “mainstream” militia members in question, Glover will begin associating with more radical, violence-prone anti-government extremists. [Mark Pitcavage, 1997]

Entity Tags: Federal Bureau of Investigation, Bradley Glover, Willie Ray Lampley, Tri-States Militia, Mike Vanderboegh, John Parsons

Timeline Tags: US Domestic Terrorism

Not long after being captured, al-Qaeda leader Abu Zubaida identifies Jose Padilla as an al-Qaeda operative to his FBI interrogators (see Late March through Early June, 2002). Padilla is a US citizen, and US intelligence has been monitoring him and some of his associates in Florida for nearly a decade already (see (October 1993-November 2001)). However, the New York Times will allege in 2006: “But Mr. Zubaida dismissed Mr. Padilla as a maladroit extremist whose hope to construct a dirty bomb, using conventional explosives to disperse radioactive materials, was far-fetched. He told his questioners that Mr. Padilla was ignorant on the subject of nuclear physics and believed he could separate plutonium from nuclear material by rapidly swinging over his head a bucket filled with fissionable material” (see Early 2002). [New York Times, 9/10/2006] The US arrests Padilla a short time later, when he returns to the US from an overseas trip on May 8 (see May 8, 2002). One month later, Attorney General John Ashcroft will reveal Padilla’s arrest in a widely publicized announcement, and will further allege that Padilla was actively plotting to detonate a radioactive “dirty bomb” inside the US (see June 10, 2002). However, it appears Zubaida may have been correct that Padilla was wildly overhyped. The US will later drop charges that Padilla was making a “dirty bomb,” planning any attack in the US, and was a member of al-Qaeda. [Knight Ridder, 11/23/2005] Journalist Ron Suskind will comment in 2006, “Padilla turned out to not be nearly as valuable as advertised at the start, though, and I think that’s been shown in the ensuing years.” [Salon, 9/7/2006]

Entity Tags: Federal Bureau of Investigation, Jose Padilla, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]

Entity Tags: Frank Rich, Bush administration (43), Coleen Rowley, US Department of Homeland Security, George W. Bush

Timeline Tags: Complete 911 Timeline

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]

Entity Tags: Jose Padilla, Donald Rumsfeld, John Ashcroft

Timeline Tags: Torture of US Captives

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

Donna R. Newman, attorney for “enemy combatant” Jose Padilla (see June 10, 2002), files a habeas corpus petition in the District Court for the Southern District of New York. Newman informs the court that she has been told by the government that she is not permitted to visit Padilla or to speak with him. She may write, but he might not receive the correspondence, she says. [Jose Padilla v. George W. Bush et al., 12/4/2002 pdf file]

Entity Tags: Jose Padilla, Donna R. Newman

Timeline Tags: Torture of US Captives, Civil Liberties

Jose Padilla (see June 10, 2002)‘s public prosecutors file a document with the District Court for the Southern District in Lower Manhattan, which says Padilla had been declared an “enemy combatant” on grounds that “Citizens who associate themselves with the enemy and with its aid, guidance, and direction, enter this country bent on hostile acts, are enemy belligerents.” [CNN, 6/27/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Wanted poster for John Doe #2, left, and Jose Padilla, right.
Wanted poster for John Doe #2, left, and Jose Padilla, right. [Source: Public domain, via Village Voice]A judge reaffirms the right of Jose Padilla, a US citizen being held as an “enemy combatant,” to meet with a lawyer (see June 10, 2002; December 4, 2002). The same judge ruled that he could meet with a lawyer in December 2002, but the government continues to challenge the ruling and continues to block his access to a lawyer. [Associated Press, 3/11/2003] Later in the month, the government tells the judge it is planning to ignore his order and will appeal the case. [Associated Press, 3/26/2003] While it may be completely coincidental, the Village Voice has noticed that Padilla is a “dead ringer” for the never found “John Doe #2” of the 1995 Oklahoma City bombing, and other evidence could tie him to it. [Village Voice, 3/27/2002; Village Voice, 6/13/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives, Civil Liberties

The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees suggests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. [US News and World Report, 4/7/2003; USA Today, 6/15/2003; FrontPage Magazine, 10/27/2003; 9/11 Commission, 8/21/2004, pp. 40-41 pdf file; Los Angeles Times, 9/3/2006]
Flight Training - US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. [USA Today, 6/15/2003; CNN, 9/5/2003] A senior Bush administration official says the government has evidence Shukrijumah had attended the Airman Flight School in Norman, Oklahoma, but does not say when. Other Islamist militants, including Zacarias Moussaoui, attended that school before 9/11 (see February 23-June 2001, May 18, 1999 and May 15, 1998). The director of the school claims there is no evidence of a student with any of Shukrijumah’s publicly revealed aliases. [New York Times, 3/21/2003]

Entity Tags: John Ashcroft, Adnan Shukrijumah, Federal Bureau of Investigation, Mohamed Atta

Timeline Tags: Complete 911 Timeline

Jose Padilla being escorted by federal agents in January 2006.Jose Padilla being escorted by federal agents in January 2006. [Source: Alan Diaz / Associated Press]Jose Padilla, a US citizen and “enemy combatant” alleged to be an al-Qaeda terrorist (see May 8, 2002) and held without charges for over three years (see October 9, 2005), is charged with being part of a North American terrorist cell that sent money and recruits overseas to, as the indictment reads, “murder, maim, and kidnap.” The indictment contains none of the sensational allegations that the US government has made against Padilla (see June 10, 2002), including his supposed plan to detonate a “dirty bomb” inside the US (see Early 2002) and his plans to blow up US hotel and apartment buildings (see March 2002). Nor does the indictment accuse Padilla of being a member of al-Qaeda. Attorney General Alberto Gonzales says, “The indictment alleges that Padilla traveled overseas to train as a terrorist (see September-October 2000) with the intention of fighting a violent jihad.” He refuses to say why the more serious charges were not filed. Some provisions of the Patriot Act helped the investigation, Gonzales adds: “By tearing down the artificial wall that would have prevented this kind of investigation in the past, we’re able to bring these terrorists to justice,” he says. The Padilla case has become a central part of the dispute over holding prisoners such as Padilla without charge; by charging Padilla with lesser crimes, the Bush administration avoids the possibility of the Supreme Court ruling that he and other “enemy combatants,” particularly American citizens, must either be tried or released. Law professor Eric Freedman says the Padilla indictment is an effort by the administration “to avoid an adverse decision of the Supreme Court.” Law professor Jenny Martinez, who represents Padilla, says: “There’s no guarantee the government won’t do this again to Mr. Padilla or others. The Supreme Court needs to review this case on the merits so the lower court decision is not left lying like a loaded gun for the government to use whenever it wants.” Padilla’s lawyers say the government’s case against their client is based on little more than “double and triple hearsay from secret witnesses, along with information allegedly obtained from Padilla himself during his two years of incommunicado interrogation.” Padilla will be transferred from military custody to the Justice Department, where he will await trial in a federal prison in Miami. He faces life in prison if convicted of conspiracy to murder, maim, and kidnap overseas. The lesser charges—providing material support to terrorists and conspiracy—carry maximum prison terms of 15 years each. [Associated Press, 11/22/2005; Fox News, 11/23/2005]
'Dirty Bomb' Allegations 'Not Credible,' Says Former FBI Agent - Retired FBI agent Jack Cloonan, an expert on al-Qaeda, later says: “The dirty bomb plot was simply not credible. The government would never have given up that case if there was any hint of credibility to it. Padilla didn’t stand trial for it, because there was no evidence to support it.” [Vanity Fair, 12/16/2008]
Issue with CIA Videotapes - In 2002, captured al-Qaeda leader Abu Zubaida identified Padilla as an al-Qaeda operative (see Mid-April 2002) and the government cited Zubaida as a source of information about Padilla after Padilla’s arrest. Yet, sometime this same month, the CIA destroys the videotapes of Zubaida’s interrogations from the time period where he allegedly identified Padilla (see November 2005). The Nation’s Aziz Huq will later comment: “Given the [Bush] administration’s reliance on Zubaida’s statements as evidence of Padilla’s guilt, tapes of Zubaida’s interrogation were clearly relevant to the Padilla trial.… A federal criminal statute prevents the destruction of any record for a foreseeable proceeding, even if the evidence is not admissible.… [I]t seems almost certain that preservation of the tapes was legally required by the Jose Padilla prosecution.” [Nation, 12/11/2007]

Entity Tags: Jenny Martinez, Jose Padilla, US Supreme Court, Jack Cloonan, Eric Freedman, Alberto R. Gonzales, Bush administration (43), Al-Qaeda, Aziz Huq, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

May 14, 2007: Padilla Trial Begins

The trial of suspected al-Qaeda operative Jose Padilla begins in a Miami criminal court. Padilla is charged with conspiring to “murder, kidnap, and maim” people overseas. The charges include no allegations of a “dirty bomb” plot or other plans for US attacks, as have been alleged by Bush administration officials (see June 10, 2002). Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), also face charges of supporting terrorist organizations. “The defendants were members of a secret organization, a terrorism support cell, based right here in South Florida,” says prosecutor Brian Frazier in his opening statement. “The defendants took concrete steps to support and promote this violence.” Defense attorneys argue that Padilla, Hassoun, and Jayyousi are peaceful Muslims interested in studying their religion and helping their fellow Muslims in war-ravaged areas of the world. Padilla’s attorney, Anthony Natale, calls the case against his client the product of “the politics of fear” in the aftermath of the 9/11 attacks. “Political crises can cause parts of our government to overreach. This is one of those times,” he says. “He’s a young man who has been wrongly accused.” Hassoun’s attorney, Jeanne Baker, says: “The government really is trying to put al-Qaeda on trial in this case, and it doesn’t belong in this courtroom. There’s a lot of rhetoric, but there’s no evidence.” Much of the evidence against the three consists of FBI wiretaps, documents, and witness statements. One of the strongest pieces of evidence against Padilla is his application to attend an al-Qaeda training camp in Afghanistan in July 2000 (see September-October 2000). Prosecutors say Hassoun recruited Padilla when they met in a Florida mosque. “Jose Padilla was an al-Qaeda terrorist trainee providing the ultimate form of material support—himself,” says Frazier. “Padilla was serious, he was focused, he was secretive. Padilla had cut himself off from most things in his life that did not concern his radical view of the Islamic religion.” [Associated Press, 5/14/2007]

Entity Tags: Kifah Wael Jayyousi, Adham Amin Hassoun, Al-Qaeda, Anthony Natale, Brian Frazier, Bush administration (43), Jose Padilla, Jeanne Baker, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Convicted terrorism conspirator Jose Padilla (see January 22, 2008) sues former Justice Department lawyer John Yoo. Padilla claims Yoo’s legal arguments led to his mistreatment and illegal detention at a US Navy brig. Padilla’s lawsuit says that Yoo’s memos led President Bush to designate Padilla as an “enemy combatant” (see June 10, 2002) and subject him to indefinite detention without being charged or having access to a lawyer. The lawsuit asks for only $1 in damages, and seeks a legal judgment declaring that the policies violated the US Constitution. “This is ultimately about right and wrong, not money,” says Padilla’s attorney Jonathan Freiman, a law professor at Yale University. Freiman says Yoo is being sued because “he gave the green light” to how to deal with Padilla. The lawsuit reiterates claims that Padilla was subjected to harsh interrogation techiques and mistreatment that amounted to torture, claims Justice Department and Pentagon officials deny. [Associated Press, 1/4/2008]

Entity Tags: US Department of Defense, John C. Yoo, Jose Padilla, US Department of Justice, Jonathan Freiman

Timeline Tags: Torture of US Captives

Jose Padilla (see May 14, 2007), convicted in August 2007 of conspiring to assist terrorist organizations such as al-Qaeda, is sentenced for his crimes. Padilla was not charged with plotting to detonate a radioactive “dirty bomb,” as Bush administration officials have long alleged (see June 10, 2002). He is sentenced to over 17 years in prison, but is not sentenced to life in prison, as Judge Marcia Cooke could have given him. Cooke gives Padilla some credit for his detention in a US naval brig, and agrees that he was subjected to what she calls “harsh conditions” and “extreme environmental stresses” while there. “I do find that the conditions were so harsh for Mr. Padilla… they warrant consideration in the sentencing in this case,” she rules. Padilla does not get credit for time served. Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), are also convicted; Hassoun receives over 15 years in prison and Jayyousi is sentenced to over 12 years. Cooke says that the prosecution failed to prove that either defendant was responsible for any specific acts of terrorism. “There is no evidence that these defendants personally maimed, kidnapped, or killed anyone in the United States or elsewhere,” she rules. The reactions from the defendants’ lawyers and family members are mixed. “I feel good about everything. This is amazing,” says Padilla’s mother, Estela Lebron. Hassoun’s lawyer, Jeanne Baker, calls the verdict “a defeat for the government.” And Jayyousi’s lawyer, William Swor, says: “The government has not made America any safer. It has just made America less free.” [Associated Press, 1/22/2008] Padilla will serve his prison sentence at a so-called “supermax” prison facility in Colorado. Domestic terrorists such as Terry Nichols, convicted of conspiring to bomb a federal building in Oklahoma City (see Late 1992-Early 1993 and Late 1994), “Unabomber” Ted Kaczynski (see April 3, 1996), and al-Qaeda operative Zacarias Moussaoui (see April 22, 2005) are also held at this facility. [Jurist, 4/19/2008]

Entity Tags: Marcia Cooke, William Swor, Kifah Wael Jayyousi, Jeanne Baker, Adham Amin Hassoun, Al-Qaeda, Jose Padilla, Estela Lebron, Bush administration (43)

Timeline Tags: Torture of US Captives

Milt Bearden, a retired 30-year CIA veteran who served as senior manager for clandestine operations, writes: “The [Bush] administration’s claims of having ‘saved thousands of Americans’ can be dismissed out of hand because credible evidence has never been offered—not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. All the public gets is repeated references to Jose Padilla (see June 10, 2002), the Lackawanna Six (see April-August 2001), the Liberty Seven (see June 23, 2006), and the Library Tower operation in Los Angeles (see October 2001-February 2002). If those slapstick episodes are the true character of the threat, then maybe we’ll be okay after all. When challenged on the lack of a game-changing example of a derailed operation, administration officials usually say that the need to protect sources and methods prevents revealing just how enhanced interrogation techniques have saved so many thousands of Americans. But it is irresponsible for any administration not to tell a credible story that would convince critics at home and abroad that this torture has served some useful purpose.” Bearden suggests that the CIA might have been permanently “broken” by its use of torture, and that some US officials will likely face the threat of being arrested overseas on torture charges for years to come. [Washington Independent, 7/1/2008]

Entity Tags: Milt Bearden, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site.Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site. [Source: Oath Keepers (.com)]The Oath Keepers, a newly formed far-right “patriot” organization whose membership is restricted to soldiers, police officers, firefighters, and military veterans (see March 2010), is formed at a pro-militia rally in Lexington, Massachusetts, the site of the first battle of the Revolutionary War. It is founded by Army veteran and lawyer Stewart Rhodes, who delivers a fiery speech at the rally. “You need to be alert and aware to the reality of how close we are to having our constitutional republic destroyed,” he tells the assemblage. “Every dictatorship in the history of mankind, whether it is fascist, communist, or whatever, has always set aside normal procedures of due process under times of emergency.… We can’t let that happen here. We need to wake up!” The crowd of listeners includes many well-known “patriot movement” members, including Richard Mack, a former Arizona sheriff who refused to enforce the federal Brady law (see November 30, 1993) in his jurisdiction; Mike Vanderboegh of the “Three Percenter” movement (see October 1995 and After); and others. Rhodes gives the rally his group’s “Orders We Will Not Obey,” a list of 10 orders he considers unconstitutional and therefore unenforceable, whether they are issued by commanding officers, policemen, or the president. When Rhodes finishes, Captain Larry Bailey, a retired Navy SEAL who leads a group called Gathering of Eagles, asks the crowd to raise their right hands and retake their oath—not to the president, but to the Constitution. [Mother Jones, 3/2010]
Posting the 'Orders' - On the Oath Keepers blog, Rhodes posts the “Orders We Will Not Obey” along with an introductory statement culled from the speech given by then-General George Washington before the Battle of Long Island: “The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves; whether they are to have any property they can call their own; whether their Houses, and Farms, are to be pillaged and destroyed, and they consigned to a State of Wretchedness from which no human efforts will probably deliver them. The fate of unborn Millions will now depend, under God, on the Courage and Conduct of this army.” Rhodes writes: “Such a time is near at hand again. The fate of unborn millions will now depend, under God, on the Courage and Conduct of this Army—and this Marine Corps, This Air Force, This Navy and the National Guard and police units of these sovereign states.” He calls the Oath Keepers “non-partisan,” and issues his list of orders they will refuse to obey, calling these “acts of war” against the American people “and thus acts of treason.” He cites Revolutionary War actions and precedents for each of his 10 statements.
bullet “1. We will NOT obey any order to disarm the American people.” Rhodes explains that this means the government will not attempt to restrain gun ownership in any way, and states his group’s opposition to any bans on assault rifles or any attempts to enforce gun regulation or registration.
bullet “2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects—such as warrantless house-to-house searches for weapons or persons.” Rhodes compares these to the Revolutionary War-era “writs of assistance,” carried out by British soldiers against American colonists without judicial orders. The Constitution proscribes warrantless searches, Rhodes says. “We expect that sweeping warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people,” he writes, and says Oath Keepers will not follow such orders.
bullet “3. We will NOT obey any order to detain American citizens as ‘unlawful enemy combatants’ or to subject them to trial by military tribunal.” Any such detentions (see June 26, 2002 and June 9, 2002) are unconstitutional, harking back to Revolutionary War-era admiralty courts and the British “star chambers.” Rhodes predicts that the federal government will attempt to detain its own citizens under international law.
bullet “4. We will NOT obey orders to impose martial law or a ‘state of emergency’ on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor.” Rhodes fears that “states of emergency” will be declared in the aftermath of a natural disaster such as a hurricane or a massive flood, or perhaps another 9/11-level terror attack, and then used to impose tyranny and martial law on the American populace.
bullet “5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.” As many as 20 individual states have either passed or considered what Rhodes calls “courageous resolutions affirming states rights and sovereignty” that take powers from the federal government and give them over to the states. The federal government may attempt to use force to retake these powers, Rhodes writes, especially if a state attempts to secede or declare itself of equal sovereignty with the federal government.
bullet “6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.” One of Rhodes’s most strongly stated fears is what he believes will be the attempts of the federal government to build concentration camps and detain citizens.
bullet “7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.”
bullet “8. We will NOT obey orders to assist or support the use of any foreign troops on US soil against the American people to ‘keep the peace’ or to ‘maintain control’ during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.” Rhodes believes that the US government may use foreign troops, perhaps under the auspices of the United Nations, to conduct military operations against its own citizenry.
bullet “9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.”
bullet “10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.”
Rhodes concludes: “The above list is not exhaustive but we do consider them to be clear tripwires—they form our ‘line in the sand’—and if we receive such orders, we will not obey them. Further, we will know that the time for another American Revolution is nigh. If you the people decide that you have no recourse, and such a revolution comes, at that time, not only will we NOT fire upon our fellow Americans who righteously resist such egregious violations of their God given rights, we will join them in fighting against those who dare attempt to enslave them.… The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. Help us win it.” [Stewart Rhodes, 3/9/2009] Army spokesman Nathan Banks will remind the members that following through on their Oath Keepers pledge could mean serious repercussions. “You have every right to disobey an order if you think it is illegal,” Banks will say. “But you will face court-martial, and so help you God if you are wrong. Saying something isn’t constitutional isn’t going to fly.”
Associated with Tea Party Movement - After the 2009 rally, Rhodes’s organization will become closely affiliated with the tea party movement; on July 4, 2009, Rhodes will send speakers to administer his organization’s “oath” at over 30 tea party rallies across the nation. He will take part in the September 12, 2009 “9/12” march in Washington, DC (see September 12, 2009), and host rallies in Florida and other states. [Mother Jones, 3/2010]

Entity Tags: Richard Mack, Nathan Banks, Mike Vanderboegh, Oath Keepers, Gathering of Eagles, Larry Bailey, Stewart Rhodes

Timeline Tags: US Domestic Terrorism

One of Hayden’s Twitter posts.One of Hayden’s Twitter posts. [Source: Twitteradar (.com)]Daniel Knight Hayden, an Oklahoma man who has declared himself affiliated with local tea party organizations and the “Oath Keeper” movement (see March 9, 2009 and March 2010), is arrested by FBI agents after posting a series of messages on Twitter threatening to unleash a violent attack on Oklahoma state government officials on April 15, “Tax Day.” On April 13, under the moniker “CitizenQuasar,” Hayden began posting a blizzard of “tweets” about his intention to be on the Oklahoma State Capitol steps on the 15th, at first as part of a peaceful tea party event, then escalating into harsher rhetoric, and eventually threats of violence. On April 14, he wrote: “Tea Parties: And Poot Gingrich wants to stand in the limelight. He is a NWO operative,” referring to former Republican House Speaker and tea party favorite Newt Gingrich, and accusing him of being an “operative” for the “New World Order” (see September 11, 1990). Towards midnight of April 14, Hayden begins the following series of posts: “Maybe it’s time to die. Let’s see if I can video record the Highway Patrol at the entrance to the Oklahoma State Capitol.” “While trying to inform them of Oath Keepers” (and links to the Oath Keepers blog). “And post it on the internet. Since i live on this sorry f_cking state,that is as good a place as ANY to die and start a WAR. WEshallsee.” “I WISH I had someone to watch my back with MY camera.” “AND, no matter WHAT happens, to post it on the internet IMMEDIATELY, AND send it to Alex Jones!!!!!!!!!!!!” (referring to radio talk show host Alex Jones). “Damnit!” “Alas… WE SHALL see the TRUTH about this sorry f_cking state!!!!!!!” After a few more posts, Dyer begins posting direct threats of violence (later removed from the Twitter account, but presented in the FBI affidavit). “The WAR wWIL start on the stepes of the Oklahoma State Capitol. I will cast the first stone. In the meantime, I await the police.” “START THE KILLING NOW! I am wiling to be the FIRST DEATH! I Await the police. They will kill me in my home.” “After I am killed on the Capitol Steps like REAL man, the rest of you will REMEMBER ME!!!” “I really don’ give a sh_t anymore. Send the cops around. I will cut their heads off the heads and throw the on the State Capitol steps.” Hayden is taken into custody before he can go to the Capitol building, and arrested for transmitting threats to kill or injure people using interstate communication tools over the Internet. FBI agent Michael Puskas confirms that Dyer posted under the moniker “CitizenQuasar,” and says Dyer also has MySpace and Blogger accounts under similar monikers. Wired magazine says it “appears to be [the] first criminal prosecution to stem from posts on the microblogging site,” and calls Dyer’s MySpace page “a breathtaking gallery of right-wing memes about the ‘New World Order,’ gun control as Nazi fascism, and Barack Obama’s covert use of television hypnosis, among many others.” Dyer will be arraigned on April 16 and ordered released to a halfway house, a move the Associated Press reports as suggesting “the magistrate judge does not consider him a genuine threat.” [Wired News, 4/24/2009; Associated Press, 4/26/2009] Posters on the conservative blog Free Republic, commenting on Hayden’s arrest, label him a “leftist” who intended to kill tea party protesters, a contention they say is proven by Hayden’s vows to seek revenge for the government’s execution of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). One poster writes: “Hayden appears to be one of those mixtures of far out ideologies. On one hand he seems to support nazism but accused Obama of using mind control.” [Free Republic, 4/24/2009]

Entity Tags: Wired News, Federal Bureau of Investigation, Daniel Knight Hayden, Free Republic, Newt Gingrich, Michael Puskas, Oath Keepers

Timeline Tags: US Domestic Terrorism

One of many signs held by protesters at the 9/12 rally in Washington.One of many signs held by protesters at the 9/12 rally in Washington. [Source: Daily Kos]An organization called the “9/12 Project” (see March 13, 2009 and After), sponsored by Fox News talk show host Glenn Beck, holds a protest rally on the Capitol Mall in Washington. Other sponsors include lobbying firm FreedomWorks (see February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 2, 2009, March 13, 2009 and After, April 14, 2009, and April 15, 2009), ResistNet (see August 10, 2009) and Tea Party Patriots (see July 17, 2009 and Late July, 2009). Many protesters credit Beck for inspiring them to come to the protest, though Beck himself does not attend. [Talking Points Memo, 9/12/2009; Washington Post, 9/12/2009] Many of the signs praise Beck and Fox News, while others celebrate former Alaska Governor Sarah Palin (R-AK), Representative Ron Paul (R-TX), and other conservative figures. Still others further the claim that health care reform will “kill Grandma” (see August 12, 2009) and “kill babies.” One sign, referring to House Speaker Nancy Pelosi (D-CA), reads, “I need my health care… Pelosi makes me sick!” Many signs depict President Obama as a Communist or socialist; one claims, “I work hard so Obama voters don’t have to!” and another refers to “Comrade Obama.” One sign, declaring “Yes! We are a Christian nation!” is signed by one of the rally speakers, Senator Jim DeMint (R-SC). [John Lewandowski, 9/12/2009]
Inflating the Numbers - Reports by local police and fire officials estimate the crowd at between 60,000 and 70,000, which columnist Josh Marshall calls “smallish by big DC protest/event standards but definitely respectable.” The Washington Post reports, “Tens of thousands protest Obama initiatives and government spending.” However, estimates by conservative radio hosts, bloggers, and media commentators put the numbers far higher, at up to two million. (TPMDC’s Brian Beutler notes that expectations were inflated the day before by a Democratic House staffer, who sent out an e-mail predicting a turnout “ranging from hundreds of thousands to two million people.” Beutler writes: “For reference, two million is just a hair under four times the total population of Washington, DC, and approximately the number of people who showed up to the history-making inauguration of President Barack Obama. Sound like a bit of an exaggeration? It probably is.” He also notes, “A source at a major liberal organization in Washington says, ‘one of the things we decided to do was try to raise expectations for turnout.’” When the initial figures are published in the media, protest organizers and various participants begin claiming that the actual turnout was somewhere between one and two million, but the numbers are being suppressed by pro-Obama media outlets. [TPMDC, 9/11/2009; Talking Points Memo, 9/12/2009] One conservative blogger writes: “‘Media’ estimates range from 60,000 to 500,000 to around two million (yes, 2,000,000). Those estimates, the language employed, and the visuals chosen for use in reporting the rally and representing the people gathered, vary greatly based solely on bias.” [St. Petersburg Times, 9/14/2009] Conservative blogger Michelle Malkin initially reports third-hand claims that ABC News is reporting turnouts between 1.2 and two million, then updates her report to note ABC denies making any such claim. She quotes another conservative blogger who writes, “However big it was, it was bigger than expected.” By day’s end, Malkin notes an ABC report that the wildly inflated crowd estimate came from FreedomWorks: “Matt Kibbe, president of FreedomWorks, the group that organized the event, said on stage at the rally Saturday that ABC News was reporting that one million to 1.5 million people were in attendance. At no time did ABC News, or its affiliates, report a number anywhere near as large. ABCNews.com reported an approximate figure of 60,000 to 70,000 protesters, attributed to the Washington, DC, fire department. In its reports, ABC News Radio described the crowd as ‘tens of thousands.’ Brendan Steinhauser, spokesman for FreedomWorks, said he did not know why Kibbe cited ABC News as a source.” Malkin then writes, “The Left, of course, has seized on the error to discredit the undeniably massive turnout today.” [Michelle Malkin, 9/12/2009; ABC News, 9/13/2009] The next day, unidentified people circulate a photo from 1997 to ‘prove’ that the rally actually attracted over a million protesters (see September 13-14, 2009). Two days after the event, London’s Daily Mail reports “up to two million” at the rally. [London Daily Mail, 9/14/2009]
Fears of Socialism - The Post reports that many protesters wave signs and tell reporters about their fears of a “socialist America” under Obama, and warn that the Democrats’ attempts to reform US health care are undermining the Constitution. One protester bellows into a bullhorn: “You want socialism? Go to Russia!” “Hell hath no fury like a taxpayer ignored,” Andrew Moylan, head of government affairs for the National Taxpayers Union, tells the crowd, which responds with lusty cheers. One speaker, Representative Tom Price (R-GA), tells the crowd: “You will not spend the money of our children and our grandchildren to feed an overstuffed government. Our history is decorated by those who endured the burden of defending freedom. Now a new generation of patriots has emerged. You are those patriots.” Many of the signs support Representative Joe Wilson (R-SC), who days before accused Obama of lying during the president’s appearance before Congress (see September 9, 2009). [Washington Post, 9/12/2009]
Exhortations to Violence? - Some of the signs and slogans chanted by the protesters strike observers as perhaps calling for violence against elected officials or citizens who disagree with the protesters’ views, or are racist and/or personally slanderous. One sign depicts an assault rifle and the words, “We came unarmed from Montana and Utah… this time!” Another reads, “The tree of liberty must be refreshed from time to time… Pennsylvanians are armed and ready!” Another, referencing proposed “triggers” that would launch a government program to provide health insurance, depicts a rifle with the caption, “I got your ‘trigger’ right here… it’s called the Second Amendment!” A number of protesters hold professionally printed signs referencing the recent death of Senator Edward Kennedy (D-MA), reading, “Bury ObamaCare with Kennedy.” Another, referencing the Cleveland Zoo and the discredited “birther” theory, asks: “What’s the difference between Cleveland and the White House? One has an African lion and another a lyin’ African!” A related sign calls Obama the “president of Kenya.” Another, purporting to speak in “ghetto slang,” asks, “Where my white privilege males at?” A protester waves a sign reading, “Fascist are [sic] now in control they [sic] are like a cancer slowly killing America WAKE UP.” The now-familiar signs of Obama with a Hitler mustache, and of “socialist” Obama made up like the Joker from Batman comics and movies, are also in evidence. One speaker calls Obama the “parasite-in-chief.” [Washington Post, 9/12/2009; London Daily Mail, 9/14/2009]
Reaction from Democrats - The reaction from Congressional Democrats is tepid. Doug Thornell, an adviser to Representative Chris Van Hollen (D-MD), tells reporters, “There is a lot of intensity on the far right to defeat the president’s agenda, but I am not sure that holding up signs that say we have to bury health reform with Senator Kennedy will go over well with moderates and independent voters.” [Washington Post, 9/12/2009]

Entity Tags: Michelle Malkin, Matt Kibbe, Nancy Pelosi, Joshua Micah Marshall, Tom Price, Sarah Palin, Ron Paul, Washington Post, Tea Party Patriots, Joe Wilson, National Taxpayers Union, Jim DeMint, ResistNet, FreedomWorks, 9/12 Project, ABC News, Barack Obama, Andrew Moylan, Brian Beutler, Brendan Steinhauser, Fox News, Glenn Beck, Doug Thornell

Timeline Tags: US Health Care, Domestic Propaganda

Senate candidate Sharron Angle (R-NV), vying for the seat held by Harry Reid (D-NV), advocates armed insurrection to bring about conservative change in America, and implies that she is ready to use violence to defeat Reid in the race. Angle tells radio talk show host Lars Larson that she believes the US is ripe for an armed revolution, and if “this Congress keeps going the way it is,” Americans will implement “Second Amendment remedies.” The Second Amendment grants citizens the right to own firearms. Larson asks Angle where she stands on the Second Amendment, and she replies: “You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it’s good for a country to have a revolution every 20 years. I hope that’s not where we’re going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying, ‘My goodness, what can we do to turn this country around?’ I’ll tell you the first thing we need to do is take Harry Reid out.” Larson later says that he believes Angle means exactly what she says, particularly about supporting armed insurrection against Congress. “If it continues to do the things it’s doing, I think she’s leaving open that possibility,” Larson will say. “And I think the founders believed that the public should be able to do that when the government becomes out of control. It just matters what you define as going too far.” [Washington Post, 6/15/2010] At least one other time during the primary, Angle publicly advocates that Reid be “take[n] out” with “Second Amendment remedies” (see June 16, 2010). After winning the Nevada Republican primary for the Senate, Angle will retract her remarks (see June 30, 2010).
Recently Left Hard-Right Independent American Party - Angle is a relatively recent convert to the Republican Party. For much of the 1990s, she belonged to the Independent American Party (IAP), a hard-right group that combines libertarianism—gun advocacy, tax repeal, and states’ rights—with Christian social conservatism and an avowed fear of what it calls the “North American Union,” a supposed union of Canada, Mexico, and the US. According to IAP members, Angle left the party in 1998 when she ran for the Nevada state assembly. IAP executive director Janine Hansen will tell a reporter: “It was because she wanted to run for office. And it was difficult for members of our party to get elected at that time. It was a strategic move on her part.” The IAP considers the Republican Party “corrupt and socialistic,” according to its Web site. IAP founder David Hansen drew national attention in 1992 by bringing a sign to a political rally that read, “If Guns Are Outlawed, How Can We Shoot the Liberals?” [TPMDC, 6/15/2010]
Supports Violent Militia - Angle is also a member of the Oath Keepers, a far-right group that enjoins its members—which include many soldiers and police officers—to refuse to follow orders they consider unconstitutional, and warns that the government intends to turn American cities into “giant concentration camps” (see March 9, 2009 and March 2010). The organization has been cited by the Southern Poverty Law Center (SPLC) as a violent militia group that is actively recruiting members for an upcoming armed revolt. Angle’s husband Ted Angle will say in June 2010 that while he is not sure whether he or his wife are full-fledged members, both of them stand firmly behind its principles. Oath Keepers founder Stewart Rhodes will later say that because neither Angle nor her husband are members of a uniformed service, they can only be associate members, and he is not sure whether Sharron Angle is a member. Rhodes will also deny that Oath Keepers is a militia. “We are an education outfit,” he will say. [TPMDC, 6/9/2010]

Entity Tags: Stewart Rhodes, Ted Angle, Sharron Angle, Lars Larson, David Hansen, Oath Keepers, Harry Reid, Janine Hansen, Independent American Party, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Charles Dyer after being detained by Oklahoma law enforcement authorities.Charles Dyer after being detained by Oklahoma law enforcement authorities. [Source: Duncan Herald]Ex-Marine Charles Dyer is arrested on child rape and federal weapons charges. Dyer, a declared member of the “Oath Keepers” organization (see March 9, 2009 and March 2010), is charged with raping a seven-year-old girl at his home in Marlow, Oklahoma. When Stephens County deputies search his home, they find a Colt M-203 grenade launcher they believe was stolen from a California military base in 2006. Dyer’s arrest causes a split among members of the far-right “Patriot” movement, with militia members rallying behind Dyer and organizations such as the Oath Keepers distancing themselves from supporting him. Dyer was charged with making disloyal statements when, as an active-duty Marine, he posted what Mother Jones calls “incendiary videos on YouTube” under the moniker “July4Patriot.” Wearing a skull mask that partially obscured his face, he called for armed, violent resistance against the US government, railed against the “New World Order” (see September 11, 1990), and invited viewers to join him at his Oklahoma home for military training, at what he said the government “will call… a terrorist training camp.” Dyer was acquitted and continued making video protests and exhortations without the mask, becoming popular among fringe militia elements. In one video made after his discharge from service, he announced his intention of becoming a “domestic terrorist.” Dyer has been a visible and outspoken member of the Oath Keepers since the organization’s first rally, and for a time he was considered an Oath Keeper spokesman, and with Oath Keeper leader Stewart Rhodes’s blessing represented the group at a July 4, 2010 tea party rally. He often featured Oath Keeper logos and materials on his YouTube videos, and wore an Oath Keeper sweatshirt on some of them. Following Dyer’s arrest, Rhodes removes Dyer’s postings and material from the Oath Keepers Web site, and denies Dyer had any official connection with the group. Rhodes insists that Dyer never paid his $30 dues to become a member, though the organization has always said it costs nothing to join, and says he asked Dyer to stop identifying himself as an Oath Keeper after he learned that Dyer was trying to recruit for an Oklahoma militia. A blogger for American Resistance Radio calls Rhodes “beyond cowardly” and labels Dyer the “1st POW of the 2nd American Revolution.” On the Oath Keepers site, a Marine from Arizona speculates that the charges against Dyer could be the start of a false campaign to arrest and detain American patriots. But if the allegations are true, he writes, “may he rot in hell.” [Duncan Banner, 1/16/2010; Mother Jones, 1/22/2010; Southern Poverty Law Center, 1/22/2010; TPMMuckraker, 1/22/2010; Mother Jones, 3/2010]

Entity Tags: American Resistance Radio, Oath Keepers, Stewart Rhodes, Charles Alan Dyer

Timeline Tags: US Domestic Terrorism

Richard Mack speaks to a tea party rally in Post Falls, Idaho, in November 2009.Richard Mack speaks to a tea party rally in Post Falls, Idaho, in November 2009. [Source: Rajah Bose / New York Times]The New York Times publishes a large front-page story on America’s “tea party” movement. The report is written by staff reporter David Barstow, who researched the story for five months, first joining a bus tour by the Tea Party Express (see August 28, 2009) and then staying for the month of October in and around Spokane, Washington, to interview tea party members and others, such as white supremacist militia members, who have some affiliation with tea party organizations. The first person he mentions is a retiree named Pam Stout, who once worked for federal housing programs and is now aghast at the government’s handling of the economic crisis. She told Barstow that one day “she awoke to see Washington as a threat, a place where crisis is manipulated—even manufactured—by both parties to grab power.” She went to a tea party rally, then a meeting of the Sandpoint Tea Party Patriots, where she surprised herself by nominating herself for president. Under her leadership, the Sandpoint group joined a coalition, Friends for Liberty, that includes representatives from Glenn Beck’s 9/12 Project (see March 13, 2009 and After), the extremist, anti-Communist John Birch Society (JBS—see March 10, 1961 and December 2011), and the Oath Keepers (see March 9, 2009 and March 2010), a far-right militia organization. Stout told Barstow that her family worries that she has become enmeshed in a group of conspiracy theorists and ad hoc revolutionaries, but she said she has never felt more engaged. [New York Times, 2/15/2010; Columbia Journalism Review, 2/18/2010]
Increasing Tilt towards Anti-Government Militia Ideology - Barstow writes that many tea party members are like Stout, with an inclination to conservative anti-government politics, but also with a fear of eventual government tyranny that has driven them to join the movement. “These people are part of a significant undercurrent within the tea party movement that has less in common with the Republican Party than with the Patriot movement,” he writes, “a brand of politics historically associated with libertarians, militia groups, anti-immigration advocates, and those who argue for the abolition of the Federal Reserve. Urged on by conservative commentators, waves of newly minted activists are turning to once-obscure books and Web sites and discovering a set of ideas long dismissed as the preserve of conspiracy theorists, interviews conducted across the country over several months show.” Many tea partiers hold former President Bush and President Obama in equal contempt, holding them jointly responsible for deliberately undermining the Constitution and the free market system “for the benefit of a shadowy international network of wealthy elites” (see February 4-8, 2010). Coalition groups like Friends of Liberty are “forming hybrid entities of tea parties and groups rooted in the Patriot ethos. A fear of government tyranny is one of the most common ideological threads running through virtually all tea party organizations.”
Targeting Republicans as Well as Democrats - Barstow continues: “These coalitions are not content with simply making the Republican Party more conservative. They have a larger goal—a political reordering that would drastically shrink the federal government and sweep away not just Mr. Obama, but much of the Republican establishment, starting with Senator John McCain” and other Republicans whom they consider part of the “government conspiracy” to destroy democracy. While tea parties routinely target Democrats in elections, they are also targeting more moderate Republicans, especially those who support ideas or legislation that they feel is part of the “conspiracy.” Republicans who supported the government bailouts of large corporations are being targeted, as are those who support global warming legislation or who have shown any impetus to work with the White House or with Congressional Democrats (see January 29, 2010). Barstow notes that the tea party movement is anything but homogenous and rigidly organized: “It is an amorphous, factionalized uprising with no clear leadership and no centralized structure.” Some groups are “essentially appendages of the local Republican Party,” but many are not. However, many of the beliefs espoused by individual tea partiers tend to be reflected in most groups. Not all believe that Obama wants to impose a dictatorship, with or without McCain’s help, but many do. The frustration expressed by Stout in the economy and the government’s response to it is echoed throughout tea party groups in every state.
Turning to Radical Ideologies and Conspiracy Theorists - One of the tea partiers’ favorite thinkers is Fox News talk show host Glenn Beck (see March 29, 2009). Beck’s often-revisionist, often-inaccurate opinions led many tea partiers to read the Federalist Papers (or, more often, right-wing blogs about the Federalist Papers), conspiracist “exposes” of the Federal Reserve, and the novels of Ayn Rand and George Orwell. Online resources tailored for tea party organizations provide a wealth of what Barstow calls “radical critiques of Washington.” Two of the primary sites are ResistNet.com and InfoWars, both of which combine far-right ideology with a plethora of conspiracy theories covering everything from 9/11 and the Federal Reserve to the New World Order (see September 11, 1990). Some tea partiers are joining with militia groups, or forming their own, and making stockpiles of food, gold, and weaponry to prepare for the end of civilization. Many tea party leaders say they believe that a return to a strict adherence to constitutional law would solve most of the nation’s problems, but many of them espouse a radical view of the Constitution, such as that delineated by radical Constitutional revisionist W. Cleon Skousen (first popularized among the tea party community by Beck—see 1963). Many want to completely do away with Social Security, Medicare, Medicaid, the federal income tax, and most government agencies, all of which they say violate the Constitution. Some go even farther, advocating secession, states “nullfying” federal laws, and the formation of citizen militias. The tea parties in the Pacific Northwest, Barstow writes, have been shaped by influences such as libertarian Representative Ron Paul (R-TX) and by the sometimes-violent anti-government activism of northern Idaho (see Early 1970s, 1980-1982, 1983-1995, and February 15, 1995). The 1992 standoff at Ruby Ridge (see August 31, 1992), which occurred in nearby Idaho, is a touchstone for many tea partiers, just as it was for Oklahoma City bomber Timothy McVeigh (see August 21-31, 1992). Many, but not all, tea party members and groups embrace the “birther” conspiracy theory that Obama is not a natural American citizen. A favorite news blog, WorldNetDaily, routinely electrifies the movement by warning of new White House plans to build massive internment camps and stuff them with tea party members, or of plans to send waves of United Nations troops throughout the nation to confiscate Americans’ guns. ResistNet regularly warns that Obama is trying to convert Interpol, the international police organization, into his own personal police force, and advises tea partiers to “grab their guns.” Tea partiers like Mary Johnson of New Mexico points to the Bush-era wiretapping scandal as proof that the government can, and is, preparing to bring democracy to an end. As the groups’ fear and contempt for the federal government grows, Barstow writes, they turn more frequently to “fringe” groups such as white supremacist, anti-government militias. In Indiana, a militia coalition called Defenders of Liberty is networking with tea party groups and other “Patriot” organizations throughout the state. Darin Stevens, the leader of the Spokane 9/12 project, told Barstow that before tuning in to Beck’s show, he had paid almost no attention to politics. After the recession hit and his personal financial structure started to collapse, he began watching Beck. “I had no clue that my country was being taken from me,” he explains. He began the Spokane chapter of Beck’s 9/12 project, and was astounded that 110 people attended the first meeting. Stevens now belongs to the Oath Keepers as well as the 9/12 Project. Spokane tea partier Leah Southwell became a convert after stumbling on Paul’s speeches on YouTube. Southwell turned from being a successful Mary Kay makeup sales representative to being a self-described member of “the uprising.” Southwell, through Paul, is now fully supportive of the Patriot ideology, and holds as evident truth a number of conspiracy theories involving the Bilderberg Group, the Trilateral Commission, and the Council on Foreign Relations. “The more you know, the madder you are,” she told Barstow. “I mean when you finally learn what the Federal Reserve is!” Southwell is now a local official with the John Birch Society. She says that the affiliation between organizations like the JBS and the tea parties will continue to grow: “Most of these people [tea partiers] are just waking up.” Former car salesman Richard Mack, a longtime militia supporter who co-wrote Ruby Ridge survivor Randy Weaver’s memoirs, is a favorite speaker at tea party events. “People just do not trust any of this,” Mack told Barstow. “It’s not just the fringe people anymore. These are just ordinary people—teachers, bankers, housewives.”
Amorphous Structure - Local tea party groups often join, in one degree or another, one of several competing national tea party organizations such as ResistNet or the Tea Party Express, most of which are organized, staffed, and funded by conservative lobbying groups such as FreedomWorks (see February 16-17, 2009, February 19, 2009 and After, February 27, 2009, March 2, 2009, March 13, 2009 and After, April 14, 2009, and April 15, 2009) or Americans for Prosperity (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After). Some tea party groups have been joined by, or in some cases overrun by, other groups, from “birthers” to militias, supporters of Lyndon LaRouche, pro-gun groups, and the sovereign states movement. Many coalitions such as Friends of Liberty were formed in opposition to what leaders called the endless “hijack attempts” by state and county Republican Parties. Dann Selle of the Official Tea Party of Spokane told Barstow, “We had to stand our ground, I’ll be blunt.”
Support from Elected Politicians - Rick Perry, the governor of Texas and a possible 2012 Republican candidate for president, has joined with Texas tea parties in supporting the state’s secession from the United States. Nevada Republican Joe Heck, who ran for Congress in 2008, attacked both parties for moving the nation towards “socialist tyranny” and solicited tea party support at a rally in Las Vegas. Indiana Republican Richard Behney, running for the US Senate, told tea party supporters that if the 2010 elections did not turn out to his liking: “I’m cleaning my guns and getting ready for the big show. And I’m serious about that, and I bet you are, too.” [New York Times, 2/15/2010]

Entity Tags: ResistNet, Richard Behney, Richard Mack, Republican Party, Ron Paul, US Federal Reserve, Tea Party Express, WorldNetDaily, Sandpoint Tea Party Patriots, W. Cleon Skousen, Timothy James McVeigh, Pam Stout, Oath Keepers, New York Times, Mary Johnson, Defenders of Liberty, 9/12 Project, Americans for Prosperity, Barack Obama, Dann Selle, Fox News, FreedomWorks, Friends for Liberty, Glenn Beck, Leah Southwell, John McCain, Darin Stevens, John Birch Society, James Richard (“Rick”) Perry, InfoWars, Joe Heck, David Barstow

Timeline Tags: Domestic Propaganda

Private Lee Pray, a member of the Oath Keepers. His finger tattoo spells out ‘THOR.’Private Lee Pray, a member of the Oath Keepers. His finger tattoo spells out ‘THOR.’ [Source: Mother Jones]The progressive news magazine Mother Jones publishes a detailed examination of the Oath Keepers (see March 9, 2009), one of the fastest-growing “patriot” groups on the far right. The group was founded in April 2009 by Stewart Rhodes, a lawyer who once served as an aide to libertarian US Representative Ron Paul (R-TX). According to author Justine Sharrock, it has become “a hub in the sprawling anti-Obama movement that includes Tea Partiers, Birthers, and 912ers.” (Sharrock is referring to the burgeoning “tea party” movement, the people who believe President Obama is not an American citizen (see August 1, 2008 and After and October 8-10, 2008), and the “9/12” organization formed by lobbying organization FreedomWorks and Fox News host Glenn Beck—see March 13, 2009 and After.) Beck, MSNBC commentator Pat Buchanan (see May 28, 2009, June 20, 2009, and July 16, 2009), and CNN host Lou Dobbs have publicly praised the organization. In December 2009, a grassroots summit organized by the Oath Keepers drew lawmakers such as US Representatives Phil Gingrey (R-GA) and Paul Broun (R-GA). Sharrock’s profile is based on research and interviews with Rhodes, other Oath Keeper leaders, and ordinary members such as Private Lee Pray, who is stationed at Fort Drum, New York.
Group Made Up of Uniformed Citizens - What sets the group apart from others on the far-right fringe is that its membership is restricted to US citizens in uniform—soldiers, police officers, and veterans. At its ceremonies, members reaffirm their official oaths of service, pledging to protect the Constitution, but then go a step further, vowing to disobey “unconstitutional” orders from what they view as an increasingly tyrannical government. Pray says he knows of five fellow Oath Keepers at Fort Drum.
Preparing for Tyranny, Martial Law - He and other members are actively recruiting, arguing that under Obama, the US government is turning increasingly tyrannical and must be opposed, violently if need be. Pray says that many Oath Keepers had problems with some government policies under President Bush, but those reservations have grown with Obama’s ascension to power. Rhodes tells Sharrock: “Too many conservatives relied on Bush’s character and didn’t pay attention. Only now, with Obama, do they worry and see what has been done. Maybe you said, ‘I trusted Bush to only go after the terrorists.’ But what do you think can happen down the road when they say, ‘I think you are a threat to the nation?’” Pray, like many members, believes it will be a year at most before Obama declares martial law, perhaps under the pretext of a natural disaster or another 9/11-level terror attack, and begin detaining citizens en masse and banning interstate travel. Another Oath Keeper advises Sharrock to prepare a “bug out” bag with 39 items including gas masks, ammunition, and water purification tablets, so that she will be prepared “when the sh_t hits the fan.” Pray and his friends have a “fortified bunker” at one of their member’s parents’ home in rural Idaho, where they have stashed survival gear, generators, food, and plenty of weapons. If need be, they say, they will attack their fellow soldiers. Pray describes himself as both a “birther” and a “truther,” believing that Obama is an illegitimate president installed by a government that launched the 9/11 attacks on its own soil to drive the country further down the road towards tyranny. Pray has suffered demotion for a drinking problem, and was denied deployment to Iraq when he injured his knees in a fall. Right now his job involves operating and maintaining heavy equipment on base, and he is listed currently as “undeployable.” He and his fellow Oath Keepers on base spend their free time researching what they call the “New World Order” (see September 11, 1990) and conspiracies about detention camps. Pray is one of the few active-duty members who will agree to have his name made public; Rhodes encourages active-duty soldiers and police officers to hide their membership in the group, saying a group with large numbers of anonymous members can instill in its adversaries the fear of the unknown—a “great force multiplier,” he calls it. Pray worries that the CIA is monitoring his phone calls and insists that unmarked black cars follow him when he drives. A fellow Fort Drum Oath Keeper who only allows his first name of Brandon to be used, and who is also “undeployable” due to his own injuries, says that the off-limits areas of Fort Drum contain concentration camps. Sharrock notes that the soldiers’ behavior might be considered “paranoid,” but writes, “Then again, when you’re an active-duty soldier contemplating treason, some level of paranoia is probably sensible.”
Stewart Rhodes - Rhodes, a Yale graduate and constitutional lawyer, is working on a book currently titled We the Enemy: How Applying the Laws of War to the American People in the War on Terror Threatens to Destroy Our Constitutional Republic. He is an Army veteran who was honorably discharged after injuring his spine in a parachute jump, and worked for a time supervising interns in Ron Paul’s Congressional office. He briefly practiced law in Montana, has worked as a sculptor and a firearms instructor, and writes a gun-rights column for SWAT magazine. He describes himself as a libertarian, a staunch constitutionalist, and a devout Christian. He decided to abandon electoral politics in 2008 after Paul’s presidential bid failed, and turned instead to grassroots organizing. In college, he became fascinated with the idea that had German soldiers and police refused to follow orders in the 1930s, Adolf Hitler could have been stopped. In early 2008, he read a letter in SWAT magazine declaring that “the Constitution and our Bill of Rights are gravely endangered” and that service members, veterans, and police “is where they will be saved, if they are to be saved at all!” Rhodes responded with a column predicting a future President Hillary (“Hitlery”) Clinton turning the US into a despotism while dressed in her “Chairman Mao signature pantsuit.” He asked readers if they intended to follow this “dominatrix-in-chief,” hold militia members as enemy combatants, disarm citizens, and shoot all resisters. If “a police state comes to America, it will ultimately be by your hands,” he wrote. You had better “resolve to not let it happen on your watch.” Shortly thereafter, he set up a blog he called “Oath Keepers,” asking for testimonials from soldiers and veterans, and began gaining popularity. Military officers offered assistance. A Marine Corps veteran invited Rhodes to speak at a local tea party event. Paul campaigners provided strategic advice. In March 2009, Rhodes attended a rally staged by a pro-militia group, and in front of the crowd of some 400 participants, officially launched the Oath Keepers movement (see March 9, 2009). Buchanan and Beck have praised Rhodes, with Buchanan predicting that he “is headed for cable stardom.” Conspiracy theorist Alex Jones of Infowars.com has repeatedly featured Rhodes and the Oath Keepers on his radio talk show.
Attracts Attention of Anti-Hate Organizations - The Oath Keepers has come to the attention of anti-hate organizations such as the Anti-Defamation League and the Southern Poverty Law Center (SPLC), which have cited the group in their reports on rising anti-government extremism. Rhodes has accused the SPLC of trying “to lump us in with white supremacists and neo-Nazis, and of course make the insinuation that we’re the next McVeigh,” referring to Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Author David Neiwert, an expert on right-wing groups, tells Sharrock that it would be a mistake to term them another amalgamation of “right-wing crackpots” or “extremist nimrods,” as other press outlets have done. “[T]he reality is a lot of them are fairly intelligent, well-educated people who have complex worldviews that are thoroughly thought out,” Neiwert says. Neiwert and Sharrock tie Rhodes’s message to the much earlier views expressed by members of the now-defunct Posse Comitatus (see 1969), and note that the last reemergence of this brand of rhetoric took place during the last time a Democrat, Bill Clinton, was in the White House. Today, groups like the Oath Keepers use the Internet, particularly Facebook and YouTube, and cable news networks, to connect with like-minded citizens around the world. “The underlying sentiment is an attack on government dating back to the New Deal and before,” Neiwert says. “Ron Paul has been a significant conduit in recent years, but nothing like Glenn Beck and Michele Bachmann [R-MN] and Sarah Palin (see October 10, 2008)—all of whom share that innate animus.” While Rhodes and most Oath Keepers say they will only begin active disobedience under the delineated circumstances laid out by the group, some members have gone down their own paths of violence. Oath Keeper Daniel Knight Hayden set off a controversy last April 15 with a barrage of messages on Twitter stating his intention to “START THE KILLING NOW!” by engaging in a gun battle at the Oklahoma State Capitol and urging other Oath Keepers to join him (see April 14-15, 2009). Rhodes denounced Hayden, but Neiwert notes that Rhodes’s inflammatory and inciteful rhetoric can have what he calls “an unhinging effect” on people inclined toward violent action. “It puts them in a state of mind of fearfulness and paranoia, creating so much anger and hatred that eventually that stuff boils over.” In January, ex-Marine and Oath Keeper spokesman Charles Dyer, who beat a treason charge for advocating armed resistance to the government, was arrested on charges of raping a 7-year-old girl, and authorities found stolen military weaponry at his home; some militia groups have hailed Dyer as “the first POW of the second American Revolution,” but Rhodes removed information about him from the organization’s Web sites and now denies he was ever a member (see January 21, 2010). Rhodes says he and his Web staff are “overwhelmed” with the need to delete messages encouraging racism and violence from their blog, and recently he shut down one Internet forum because of members’ attempts to use it to recruit for militia organizations. Chip Berlet of the watchdog group Political Research Associates and an expert on far-right movements equates Rhodes’s rhetoric to yelling fire in a crowded theater. “Promoting these conspiracy theories is very dangerous right now because there are people who will assume that a hero will stop at nothing.” What will happen, he adds, “is not just disobeying orders but harming and killing.” Rhodes acknowledges that to follow through on his rhetoric could be risky, and reminds Sharrock that freedom “is not neat or tidy, it’s messy.”
Gold Standards, Muslim Rights, and Treasonous Federal Institutions - During a recent meeting at a North Las Vegas casino, Sharrock took part in discussions of whether Muslim citizens had rights under the Constitution, why the Federal Reserve was a treasonous institution, why the government should be run under Biblical law and a gold standard, and how abortion-rights advocates are part of a eugenics plan targeting Christians. The group takes no official stance on the US’s war on terror or its foreign engagements in Iraq and Afghanistan, but a recent Oath Keeper member who promoted his dual membership in the Iraq Veterans Against the War (IVAW) on the Oath Keepers blog had his post removed by Rhodes, who called the IVAW a “totalitarian” and “communist” organization.
Expanding Membership - Rhodes says the group has at least one chapter in each of the 50 states, and claims the group has some 29,000 members, not counting the ones who keep their membership off the computer lists. Volunteers are preparing a large “outreach” to soldiers serving overseas. The organization has worked hard to become a staple of tea party events, and tells tea partiers that bringing guns to those events reminds participants of their constitutional rights. The organization has made strong connections with groups such as the Constitution Party and Phyllis Schlafly’s Eagle Forum, and national figures such as Ralph Reed, the former director of Pat Robertson’s Christian Coalition, and Larry Pratt of Gun Owners of America. Elected officials such as Broun, Gingrey, Bachmann, and Steve King (R-IA) have expressed their interest in sponsoring legislation crafted by Oath Keeper leaders. [Mother Jones, 3/2010]

Entity Tags: David Neiwert, Daniel Knight Hayden, Sarah Palin, Ron Paul, Steve King, Stewart Rhodes, Timothy James McVeigh, Chip Berlet, Alex Jones, Ralph Reed, Anti-Defamation League, Charles Alan Dyer, Barack Obama, Posse Comitatus, Southern Poverty Law Center, Paul Broun, Justine Sharrock, Glenn Beck, George W. Bush, FreedomWorks, Eagle Forum, Larry Pratt, Phil Gingrey, Patrick Buchanan, Lee Pray, Mother Jones, Oath Keepers, Constitution Party, Michele Bachmann, Lou Dobbs

Timeline Tags: US Domestic Terrorism

Depiction of an Oath Keeper shoulder patch.Depiction of an Oath Keeper shoulder patch. [Source: Oath Keepers]Darren Huff, a former US Navy officer from Georgia who belongs to a far-right militia group called the “Oath Keepers” (see March 9, 2009 and March 2010), drives to Madisonville, Tennessee, as part of a group of militia members with the intention of “tak[ing] over” the Madisonville courthouse and freeing Walter Fitzpatrick, who was jailed when he tried to enforce a “citizen’s arrest” on a judicial official for failing to convene an investigation into President Obama’s citizenship (see April 1-5, 2010). The Oath Keepers are a group of former military and law enforcement officials who often advise current military and law enforcement personnel not to obey orders from higher authorities on the grounds that those orders do not satisfy constitutional mandates. Huff drives to Tennessee with a Colt .45 and an AK-47, but is intercepted by state troopers acting on an alert from the FBI. The troopers tell reporters that Huff acknowledges being armed, and states his intention to go to the Madisonville courthouse, take over the facility, and arrest county officials, whom he calls “domestic enemies of the United States engaged in treason,” and turn them over to the state police. According to a witness interviewed by the FBI, Huff is only one member of “eight or nine militia groups” whose intent is to go to Madisonville to “take over the city.” The witness, a bank manager, says Huff told him he’d see Huff’s actions on the news. Madisonville law enforcement officials report witnessing numerous individuals carrying both openly displayed and concealed firearms in the area around the courthouse. The troopers permit Huff to proceed to the courthouse, though Huff attempts no arrests and no violence ensues. The next day, Huff tells a radio audience that his encounter with the troopers was “not entirely confrontational.… We were kind of a little bit more on a friendly level, even some Christian conversation came in, which I was glad for.” He tells his listeners that he showed great restraint by not performing a citizen’s arrest on the troopers, and adds that because the first attempt to free Fitzpatrick was unsuccessful, he and other militia members intend to mount a second “rescue effort” within one to two weeks. Instead, Huff is arrested by the FBI, who listened to the broadcast and determined that he has the means and the intent to cause violence. Carl Swensson, who like Fitzpatrick is a member of the right-wing, anti-government group “American Grand Jury” (AGJ), recounts the entire series of incidents on his Web site, and demands others get involved “to help the citizen’s [sic] of the United States regain our Constitutional Republic by peaceful means.” [WBIR-TV, 5/4/2010; TPM Muckraker, 5/6/2010; Crooks and Liars, 5/6/2010]

Entity Tags: Walter Fitzpatrick, Federal Bureau of Investigation, Carl Swensson, Oath Keepers, American Grand Jury, Barack Obama, Darren Huff

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The John Birch Society booth displays a banner at the ‘Freedom Rally’ before the debate.The John Birch Society booth displays a banner at the ‘Freedom Rally’ before the debate. [Source: Think Progress]Several prospective contenders for the Republican presidential nomination in 2012 participate in a debate in Greenville, South Carolina. The debate is presaged by a “Freedom Rally,” co-sponsored by local tea party groups, the local chapter of the far-right, implicitly racist John Birch Society (JBS—see March 10, 1961 and December 2011), and a far-right militia organization, the Oath Keepers (see March 9, 2009). The rally features speakers such as Judge Roy Moore, the former Alabama Supreme Court chief justice who lost his job after refusing to remove a Ten Commandments monument from the state judicial building, and Governor Nikki Haley (R-SC). “The change we’ve done in South Carolina can be done across the country,” Haley tells a crowd of some 200 members. “We need to change the person in the White House.” Other speakers talk about issues such as defending traditional marriage and making gold and silver legal tender in South Carolina. The JBS has been considered so extreme that until 2010, mainstream Republicans refused to countenance its involvement in their political events and campaigns (see April 19, 2010). Former Governor Tim Pawlenty (R-MN), former Senator Rick Santorum (R-PA), US Representative Ron Paul (R-TX), former Governor Gary Johnson (R-NM), and former Godfather’s Pizza CEO and radio talk show host Herman Cain take part in the debate. Paul and Johnson are libertarians; during the debate, Paul argues for the legalization of heroin, Johnson calls for the legalization of marijuana, and both call for the US to end its military involvement in Afghanistan. [Fox News, 5/5/2011; Think Progress, 5/5/2011; Washington Post, 5/5/2011] Many credit Paul with bringing the JBS back into “favor” with the Republican Party (see July 22, 2007 and August 4, 2008). Fox News host Glenn Beck has also praised the JBS in his broadcasts (see November 9-11, 2010 and After).

Entity Tags: Tim Pawlenty, Roy Stewart Moore, Ron Paul, Nikki Haley, Republican Party, Herman Cain, Glenn Beck, Rick Santorum, Gary Earl Johnson, Oath Keepers, John Birch Society, Barack Obama

Timeline Tags: Domestic Propaganda, US Domestic Terrorism, 2012 Elections

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