Subject:COINTELPRO AGAIN
Date:Wed, 13 Mar 2002 21:16:01 -0800
Don't assume that the police and FBI aren't
spying on you just because what you do is
legal and supposedly protected by the
Constitution......
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Police "spying on activists" - ACLU
criticism spurs city review of log on
protesters
By Sean Kelly
Monday, March 11, 2002 -
Denver Post Staff Writer
Denver police have been keeping secret "spy files"
By Sean Kelly
Monday, March 11, 2002 -
Denver Post Staff Writer
Denver police have been keeping secret "spy files"
on local activists and protest groups, the American
Civil Liberties Union said Monday, prompting Mayor
Wellington Webb to call for a review of department
procedure.
The ACLU of Colorado produced copies of two
The ACLU of Colorado produced copies of two
police records documenting protesters at recent
demonstrations held by groups such as Amnesty
International and the Justice for Mena Committee.
Keeping such records could have a chilling effect
International and the Justice for Mena Committee.
Keeping such records could have a chilling effect
on peaceful protests, said Mark Silverstein, legal
director of the local chapter. The group called on
the city to end the practice and open the files to
public scrutiny. The ACLU may file a lawsuit if the
surveillance continues, he said.
"It's our position that people in Denver should feel
"It's our position that people in Denver should feel
free to peacefully protest and to peacefully express
their views," said Silverstein, who would not divulge
how his group obtained the records.
"The Constitution protects those rights."
Webb "believes they raise some very legitimate
"The Constitution protects those rights."
Webb "believes they raise some very legitimate
issues," said his spokesman, Andrew Hudson.
"He was unaware these intelligence files were
being kept and he wants more information from
being kept and he wants more information from
the Police Department to explain how those types
of files are being used."
C.L. Harmer, spokeswoman for Manager of Safety
C.L. Harmer, spokeswoman for Manager of Safety
Ari Zavaras, said the files are kept for a maximum
of five years and are considered "highly confidential"
raw data only available to the intelligence division -
not patrol or traffic officers. She could not say how
many total files exist.
"It's not the police's intent to dampen free speech or
"It's not the police's intent to dampen free speech or
lawful political activity," Harmer said. "You shouldn't
be concerned as long as you're being lawful. But if
you engage in civil disobedience, the consequences
are that you may be arrested."
Police Chief Gerry Whitman is out of the office this
Police Chief Gerry Whitman is out of the office this
week. His twoimmediate predecessors, retired Chief
David Michaud and Capt. Tom Sanchez, said these
files were not kept on their watch.
"There was no concerted effort to keep track of who
"There was no concerted effort to keep track of who
was at protests," said Michaud, who retired in 1998.
"(Police) are there to monitor and look for law violations."
"We have no business keeping tabs, and we didn't do
"We have no business keeping tabs, and we didn't do
that. You shouldn't be keeping dossiers on law-abiding
citizens," agreed Sanchez, whom Whitman replaced in
2000.
Representatives from the mayor's office met with Deputy
Representatives from the mayor's office met with Deputy
Chief Dave Abrams on Monday.
Webb will ask police exactly how long they've been
Webb will ask police exactly how long they've been
keeping files.
"We don't know if they go back five years or 40 years,"
"We don't know if they go back five years or 40 years,"
Hudson said. "Quite frankly, it will be interesting to see
if there's a file on Mayor Webb."
For Webb, it's a personal matter. In 1977, an FBI
For Webb, it's a personal matter. In 1977, an FBI
informant admitted he had spied on then-U.S. Rep.
Pat Schroeder and other Colorado politicians, including
Webb, then a state representative.
Monday, Silverstein demanded Webb put a stop to the
Monday, Silverstein demanded Webb put a stop to the
surveillance. He also called for public disclosure of the
files and notification of anyone listed in them. The files
should be preserved, he said, because they may become
evidence in an upcoming suit.
Stephen Nash, a well-known activist who has participated
evidence in an upcoming suit.
Stephen Nash, a well-known activist who has participated
in demonstrations with Amnesty International, the Justice
for Mena Committee and other groups,
is the subject of one report.
In the report, police say Nash was "seen" at a Justice for
is the subject of one report.
In the report, police say Nash was "seen" at a Justice for
Mena rally and anti-Columbus Day protest. It also lists his
wife, his cars and his address.
Two groups to which he belongs - the American Friends
Two groups to which he belongs - the American Friends
Service Committee and End the Politics of Cruelty - are
classified as "Criminal Extremist."
Nash angrily denied that label - he has a clean
Nash angrily denied that label - he has a clean
criminal record - and said the police tactics belong
in a Third World country.
"The police are operating their own political agenda
"The police are operating their own political agenda
when they're supposed to be an agency of the city,"
he said.
Another group, the Chiapas Coalition, which protests
Another group, the Chiapas Coalition, which protests
human rights violations of indigenous people in Mexico,
publicized its file. Members of the group were arrested
for disrupting a 1999 luncheon featuring Gov. Bill Owens,
but none was convicted.
Spokesman Kerry Appel, however, said that is no
reason for the authorities to keep "spy files" on the
group.
"I am already convinced in my heart it is a violation of
our rights,"Appel said.
Hispanic activist Nita Gonzales said the files harken
Hispanic activist Nita Gonzales said the files harken
back to COINTELPRO, the FBI's infamous surveillance
and disruption of protest groups that ended after coming
to light in the 1970s.
Gonzales said she recently was told by Zavaras and
Gonzales said she recently was told by Zavaras and
Whitman that no such files exist in Denver. She said
she will push the city's leaders to enact a municipal
ordinance banning the practice. Everyone in the files
should be frightened, she said.
"You're profiled already. It puts you in danger and at
"You're profiled already. It puts you in danger and at
risk, Gonzales said.
Silverstein cited municipal laws in San Francisco,
Silverstein cited municipal laws in San Francisco,
Seattle and Portland,Ore., that prohibit police
departments from gathering information because
of a person's political or religious beliefs. He said
similar laws should be enacted in Denver.
Denver Post staff writer Marilyn Robinson contributed
Denver Post staff writer Marilyn Robinson contributed
to this report.
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