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If you're fond of attending anti-war rallies and other political demonstrations, the FBI's Joint Terrorism Task Force (JTTF) may be keeping tabs on you - they even may visit you soon. In the past month, the JTTF, in conjunction with local law enforcement, have visited political activists throughout the country, including Denver, before both the Democratic, and now the Republication, national conventions.
Sarah Bardwell, a 21-year-old intern with the pacifist group the American Friends Service Committee (AFSC), said six officers visited the house she shares with five other people on July 22, four days before the Democratic National Convention. According to Bardwell, four of the officers identified themselves as FBI agents, and two said they were Denver police, but all refused to give their names.
Bardwell said officers wanted to speak to everyone living in the house. "I think it was mostly because of political activities we've been involved in recently," Bardwell said. She and her friends have attended anti-war protests and rallies against the Denver Columbus Day parade. Bardwell said the officers came into their house and stayed for about 30 minutes, asking the residents if they, or anyone they knew, planned to attend either national convention or the presidential inauguration.
Bardwell said instead of wanting answers to their questions, it seemed like the officers were more interested in "sizing them up" as they looked around the house and took notes. She and her housemates remained silent as the officers continued their questioning. "We pretty much told them that we were choosing not to answer any of their questions," she said. In response to this, one officer told them "they were going to take more intrusive efforts," but wouldn't specify what he meant, Bardwell said.
After this incident, Bardwell is paranoid. She said though she has nothing to hide, she's now careful about what she says on the phone and thinks the visit was an attempt to intimidate her and her friends from exercising their first amendment rights. Bardwell is just one of many activists who have been questioned in Denver and other states. Monique Kelso, spokeswoman for the Colorado FBI, confirmed these visits are happening throughout the country, and that Denver police are working with the JTTF. She said the JTTF are not targeting political activists specifically, but individuals who are part of an on-going FBI investigation. She could not discuss the details of this investigation.
She did say they are attempting to gather information about "any possible violent acts, not just at the conventions." Kelso said any claims that these visits are to intimidate people from exercising their first amendment rights "[are] strictly untrue and unfounded. We encourage citizens to utilize their first amendment rights ... We respect those rights and we uphold those rights."
Another issue is how law enforcement officers are finding out about whom to visit. Mark Silverstein, legal director of the American Civil Liberties Union (ACLU) in Colorado, said "it appears that they [the JTTF] have files," on people and that's how they know to contact them. The Colorado chapter of the ACLU settled a lawsuit against Denver Police last year preventing officers from keeping files on people attending peaceful protests and rallies.
Because the FBI isn't bound by this settlement, however, it's unclear whether this rule applies to Denver Police officers working with the JTTF. In an open hearing last year in April, Denver Police Chief Gerald Whitman said the settlement applied to these officers, but Wallace Wortham, the Denver city attorney at the time, said the settlement did not apply. According to Silverstein, the settlement doesn't discuss if Denver police officers working with the JTTF are exempt from the new rule.
Responding to the JTTF's questioning Colorado activists, the AFSC hosted a public meeting in August to inform people of their rights and what to do when dealing with law enforcement officers. About 50 people attended, including some who recently were visited by law enforcement. Mark Cohen, a local activist and main speaker throughout the meeting, said the visits took people by surprise. The AFSC wants to make sure people know what to do if they are visited again.
"If you are visited by the FBI, don't talk to them, you don't have to talk to them," he said, adding the only exception is if you have information about a crime. Officers otherwise must have good reasons to back up their questioning, he said. "What's theory and what happens in reality is different," he continued. "What's legal and what's going to happen are two different things. I'm just telling you, know your rights."
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