Snitching

Criminal Informant Law, Policy, and Research

Terrorism

TruthOut on the use of informants against political activists

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Truthout published this story on the Chicago police’s deployment of undercover informants against Occupy Wall Street activists who were protesting a NATO summit in 2012: Revealed: The Story Behind the “NATO 3” Domestic Terrorism Arrests. The trial of the NATO 3 is scheduled for September. From the story:

Accused of domestic terrorism in the course of the Chicago NATO summit, Brian Church, Brent Betterly and Jared Chase were arguably victims of police entrapment and the use of “Red Squad” tactics the Chicago police were formerly enjoined from employing….Dubbed the “NATO 3” in media reports, they face maximum sentences of 85 years in prison apiece if convicted, under a decade-old Illinois law that had never been used before. And that was without ever carrying out an attack….Their case is a big one. It’s the new face of US counterterrorism investigations – a template for pre-crime arrests, performed through entrapment by police – to stop supposedly dangerous political acts before they happen.

FP: Does the FBI Have an Informant Problem?

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Foreign Policy just published this article on the troubling use of informants in domestic counter-terrorism: Does the FBI Have an Informant Problem? The piece analyzes the large challenges of using unregulated criminal informants to do law enforcement work, and discusses a series of recent examples. From the article:

Professional informants are paid by law enforcement to infiltrate criminal or extremist circles, sometimes on a full-time basis. Yet they’re not considered employees of the government and are not subject to the same rules. From warrantless searches to sex with targets to constructing terrorist plots out of thin air, the informant problem is not new, but this powerful investigative tool is under pressure like never before after being exposed to the harsh light of day in a series of recent terrorism trials. Growing media scrutiny and a pending civil lawsuit in California are aggressively challenging whether the benefits of aggressive informant tactics outweigh the risk to civil liberties and are raising troubling questions about the legitimacy of terrorism investigations

Mother Jones article on FBI terrorism informants

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Here is an major article–“The Informants“–from Mother Jones and the Investigative Reporting Program at the University of California-Berkeley on the FBI’s use of informants in terrorism investigations. The year-long investigation examined 508 defendants in terrorism cases and found:

Nearly half the prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violations.

Sting operations resulted in prosecutions against 158 defendants. Of that total, 49 defendants participated in plots led by an agent provocateur–an FBI operative instigating terrorist action.

With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings.

In many sting cases, key encounters between the informant and the target were not recorded–making it hard for defendants claiming entrapment to prove their case.

Terrorism-related charges are so difficult to beat in court, even when the evidence is thin, that defendants often don’t risk a trial.

Two films on domestic terrorism to air on PBS this week

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PBS is airing two films–one tonight (Sept. 6) and one on Sept. 13–that address issues of domestic terrorism. Tonight’s film — “Better this World” — is centrally about the role of political informants and entrapment.
Here are the official descriptions:

Better This World is the story of Bradley Crowder and David McKay, who were accused of intending to firebomb the 2008 Republican National Convention, is a dramatic tale of idealism, loyalty, crime and betrayal. The film follows the radicalization of these boyhood friends from Midland, Texas, under the tutelage of revolutionary activist Brandon Darby. The results: eight homemade bombs, multiple domestic terrorism charges and a high-stakes entrapment defense hinging on the actions of a controversial FBI informant. Better This World goes to the heart of the war on terror and its impact on civil liberties and political dissent in post-9/11 America. (90 minutes)

If a Tree Falls: A Story of the Earth Liberation Front explores two of America’s most pressing issues — environmentalism and terrorism — by lifting the veil on a radical environmental group the FBI calls America’s “number one domestic terrorism threat.” Daniel McGowan, a former member of the Earth Liberation Front, faces life in prison for two multimillion-dollar arsons against Oregon timber companies. What turned this working-class kid from Queens into an eco-warrior? Marshall Curry (Oscar®-nominated Street Fight, POV 2005) provides a nuanced and provocative account that is part coming-of-age story, part cautionary tale and part cops-and-robbers thriller. A co-production of ITVS. Winner of Best Documentary Editing Award, 2011 Sundance Film Festival. (90 minutes)

You can view the trailers here and here.

New documentary on domestic terrorism at NY and DC film festivals

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A new award-winning documentary, “Better this World,” is opening at film festivals in New York and Washington D.C. this month. The documentary follows the story of two young men and their relationship with an FBI informant that led to domestic terrorism charges in connection with the violence at the 2008 Republican National Convention. Schedules and ticketing information are below. Here’s the synopsis:

The story of Bradley Crowder and David McKay, accused of intending to firebomb the 2008 Republican National Convention, is a tale of idealism, loyalty, crime and betrayal. Better This World follows the radicalization of these boyhood friends from Midland, Texas, under a revolutionary activist. The results: eight homemade bombs, multiple domestic terrorism charges and an entrapment defense hinging on a controversial FBI informant. The film goes to the heart of the war on terror and political dissent in post-9/11 America.

The film will have its New York premiere during the Human Rights Watch Film Festival on June 18, 19 and 20 at the Film Society of Lincoln Center’s Walter Reade Theater. Screening times: Saturday, June 18 at 6:30 p.m., Sunday, June 19 at 4:00 PM, Monday, June 20 at 4:00 PM. Tickets available here; trailer available here. The film will play in DC at Silverdocs Film Festival on June 22 & 23 in Silver Spring. Info here.