Bill of Rights Defense Committee &

Defending Dissent Foundation

1100 G St NW Suite 500
Washington DC 20005
bordc.org

September 20, 2016

The Honorable Charles E. Grassley

Chairman
Senate Judiciary Committee
224 Dirksen Senate Office Building,
Washington, D.C. 20510-6050

The Honorable Patrick J. Leahy

Ranking Member
Senate Judiciary Committee
224 Dirksen Senate Office Building,
Washington, D.C. 20510-6050

The Honorable Bob Goodlatte

Chairman
House Judiciary Committee
2138 Rayburn House Office Building
Washington, D.C. 20515

The Honorable John Conyers, Jr.

Ranking Member
House Judiciary Committee
2138 Rayburn House Office Building
Washington, D.C. 20515

Dear Chairman Grassley, Ranking Member Leahy, Chairman Goodlatte, and Ranking Member Conyers;
The undersigned civil society organizations write to express our concern over Federal Bureau of
Investigation (FBI) and Department of Homeland Security (DHS) abuse of counterterrorism resources to
monitor Americans First Amendment protected activity.
The FBI in particular has a well-documented history of abuse of First Amendment rights. In recent years
that abuse has continued, including sending undercover agents and informants to infiltrate peaceful social
justice groups, as well as surveillance of, documenting, and reporting on lawful political activity under
counterterrorism authorities. Among the groups and movements recently targeted are the School of the
Americas Watch (SOAW), Occupy Wall Street, Black Lives Matter, and anti-Keystone XL Pipeline
activists. DHS and local fusion centers monitored the Occupy Wall Street and Black Lives Matter
movements as well. We urge the Judiciary Committees to investigate patterns of abuse by the FBI and
DHS, and issue substantive public reports on:

How the FBI and DHS came to monitor SOAW, Occupy Wall Street, Black Lives Matter, and antiKeystone XL Pipeline activists;

Why the surveillance and reporting persisted not withstanding acknowledgements by these agencies
that the political activities were peaceful;

What local law enforcements role and/or involvement was with the monitoring of SOAW, Occupy
Wall Street, Black Lives Matter, and anti-Keystone XL Pipeline activists, in cooperation with DHS
and FBI and/or to further DHS and FBI monitoring activities;

What other non-violent political movements have been the target of counterterrorism activity; and

What reforms are necessary to prevent this from happening again.

FBI Monitors SOAW, Occupy Wall Street, Black Lives Matter

School of the Americas Watch, founded by a Maryknoll priest, is a national not-for-profit group that does
education and legislative advocacy and organizes vigils, fasts, and peaceful protests in an effort to resist
US militarization across the Americas, and to close the School of the Americas (now called the Western
Hemisphere Institute for Security Cooperation, or WHINSEC).
According to documents obtained by the Partnership for Civil Justice Fund (PCJF) under the Freedom of
Information Act (FOIA)1, the FBI used its counterterrorism authority to infiltrate and monitor SOAW for
ten years, despite acknowledging the groups peaceful intent and lack of any nexus to terrorism.
Confidential informants reported things like the identity of SOAWs legal advisor and what cities buses
of individuals were coming from to attend a protest at WHINSEC, neither of which can be considered
unlawful activity.
FOIA demands by the PCJF have revealed that the FBI engaged in similar counterterrorism
surveillance of the Occupy Wall Street movement.2 In both cases, the FBI repeatedly concluded the
movements were nonviolent and peaceful, but continued to monitor them using their anti-terrorism
authority to do so.

See Exposed: FBI Surveillance of School of Americas Watch, Partnership for Civil Justice PARTNERSHIP FOR
CIVIL JUSTICE (November 12, 2015). Available at http://www.justiceonline.org/soaw
2 See The FBI vs. Occupy: Secret Docs Reveal "Counterterrorism" Monitoring of OWS from Its Earliest Days,
DEMOCRACY NOW (December 27, 2012). Available at
http://www.democracynow.org/2012/12/27/the_fbi_vs_occupy_secret_docs

An FBI email obtained by the news website The Intercept also revealed that the FBI Joint Terrorism Task
Force tracked a Black Lives Matter protest at the Mall of America.3
The FBI and Keystone XL Pipeline Activists
There has been a series of revelations about FBI monitoring of activists opposed to the construction of the
Keystone XL Pipeline. The first indication of this surveillance came when, in early 2015, it was reported
that at least a dozen anti-Keystone XL pipeline activists in Washington, Oregon, and Idaho received visits
from FBI agents. The activists were from a diverse range of groups and organizations, all opposed to the
building of the Keystone XL Pipeline. Activists reported being told by FBI agents, Were not doing
criminal investigations, youre not accused of any crime. But were trying to learn more about the
movement.4 This is disconcerting given the FBIs own claim that it investigates crimes, not political
movements.
Further information about the FBIs monitoring of anti-Keystone XL Pipeline activists emerged one
month later when FBI documents made public through FOIA by the Guardian and Earth Island Journal
showed that the Houston FBI office had engaged in substantial monitoring of anti-Keystone XL Pipeline
activists, including the use of an informant.5 Further concerns have emerged about FBI collusion with
TransCanada Corporation, the corporation building the Keystone XL Pipeline. The FBI held a strategy
session with the company and a document was produced by the FBI that contained both TransCanadas
corporate logo and the FBIs logo.6
The FBI has conceded the investigation conducted by the Houston Office violated its own internal rules,
as the proper approval for the investigation was not first obtained. There are still questions based on the

Lee Fang, Why Was an FBI Joint Terrorism Task Force Tracking a Black Lives Matter Protest? THE INTERCEPT
(March 2, 2015). Available at https://theintercept.com/2015/03/12/fbi-appeared-use-informant-track-black-livesmatter-protest/
4 See Alexander Pannetta Anti-Oil Sands Activists in the U.S. are Getting Visits from the FBI, THE GLOBE AND
MAIL (February 7, 2015). Available at http://www.theglobeandmail.com/news/world/anti-oil-sands-activists-in-theus-are-getting-visits-from-the-fbi/article22851903/
5 See Paul Lewis and Adam Freedman, Revealed: FBI Violated Its Own Rules While Spying on Keystone XL
Opponents, THE GUARDIAN (May 12, 2015). Available at http://www.theguardian.com/usnews/2015/may/12/revealed-fbi-spied-keystone-xl-opponents.
6 See Adam Federman, FBI Held Strategy Meeting with Keystone XL Partners, (March 17, 2014). Available at
http://www.alternet.org/environment/fbi-held-strategy-meetings-keystone-xl-partners/

documents released as to whether this was part of a wider-investigation into anti-Keystone XL Pipeline
activism.7
DHS Monitors Both Occupy Wall Street and Black Lives Matter
Documents obtained through FOIA by Truthout and The Intercept reveal that the Department of
Homeland Security monitored both the Occupy Wall Street and the Black Lives Matter movements.8
DHS surveillance of Black Lives Matter extended beyond the movement to engulf black Americans in
general, including monitoring a Funk Music Parade and a walk to end breast cancer in a historically
African-American neighborhood in Washington, DC. 9
The Need for Oversight
In the late 1980s the FBIs extensive counterterrorism investigation of the Committee in Solidarity with
the People of El Salvador (CISPES) came to light. As a result, the United States Senate Select Committee
on Intelligence10 investigated the matter and in 1989 released a report about the FBIs surveillance of
CISPES.11
We are calling on the Judiciary Committees to, in the tradition of that investigation and report, investigate
and report on FBI and DHS surveillance of Occupy Wall Street, Black Lives Matter, anti-Keystone XL
Pipeline activists, and the School of Americas Watch.
We also call on the Judiciary Committees to address in their reports what reforms are necessary to prevent
counterterrorism resources from being used to monitor non-violent First Amendment-protected activity.
The surveillance of SOAW, Occupy Wall Street, Black Lives Matter, and anti-Keystone XL Pipeline

See Paul Lewis and Adam Freedman, Revealed: FBI Violated Its Own Rules While Spying on Keystone XL
Opponents, THE GUARDIAN (May 12, 2015). Available at http://www.theguardian.com/usnews/2015/may/12/revealed-fbi-spied-keystone-xl-opponents.
8 See Jason Leopold, DHS Turns Over Occupy Wall Street Documents to Truthout, TRUTHOUT (March 20, 2012).
Available at http://www.truth-out.org/news/item/8012-dhs-turns-over-occupy-wall-street-documents-to-truthout.
9 George Joseph, Exclusive: Feds Regularly Monitored Black Lives Matter Movement Since Ferguson, The
INTERCEPT (July 24, 2015). Available at https://theintercept.com/2015/07/24/documents-show-departmenthomeland-security-monitoring-black-lives-matter-since-ferguson/
10 Both the Senate Intelligence Committee and the Judiciary Committee had concurrent jurisdiction. The
Intelligence Committee took the lead in the investigation, as the investigation involved extensive classified
information. Members of the Judiciary Committee were invited to attend both open and closed hearings and
receiving a final copy of the report.
11 See The FBI and CISPES Select Committee on Intelligence U.S. Senate (1989). Available at
http://www.intelligence.senate.gov/sites/default/files/publications/10146.pdf

activists is not an aberration. In 2010, the DOJ Inspector General reviewed inappropriate FBI monitoring
of six different political groups,12 including Greenpeace, PETA, and the Thomas Merton Center, issuing
recommendations to prevent such actions from recurring, but it appears little has changed. As a result,
Congressional action is needed.
Surveillance of First Amendment-protected activities has a chilling effect on free speech and civil society.
Individuals who may otherwise express their views freely may refrain from participating in
demonstrations or political organizations if they believe they will be monitored by law enforcement or
intelligence agencies. It is also detrimental to free expression for law enforcement and intelligence
agencies to conflate activism with terrorism. Labeling activism as terrorism criminalizes political dissent.
Given the current political climate and draconian laws concerning terrorism, individuals may be deterred
from participating in completely lawful speech, such as a protest march, by this stigma.
For these reasons we urge the Judiciary Committees to fulfill their oversight role and investigate on FBI
and DHS monitoring of Occupy Wall Street, Black Lives Matter, and School of Americas Watch, antiKeystone Pipeline XL activists, and any other political groups or activities.
If you would like additional information on this issue, please contact Chip Gibbons at the Bill of Rights
Defense Committee and Defending Dissent Foundation. He can be reached at 202.529.4225 or
chip@defendingdissent.org.
National Organizations:
American-Arab Anti-Discrimination Committee
Arab American Institute
Asian Americans Advancing Justice - Asian Law Caucus
Association of Roman Catholic Women Priests
Bill of Rights Defense Committee & Defending Dissent Foundation
Bridges Across Borders
Codepink
Color Of Change
Committee in Solidarity with the People of El Salvador (CISPES)
Council on American-Islamic Relations
Center for Constitutional Rights
12 See A Review of the FBIs Investigations of Certain Domestic Advocacy Groups U.S. Department of Justice

Office of the Inspector General (2010). Available at https://oig.justice.gov/special/s1009r.pdf

Demand Progress

U.S.-El Salvador Sister Cities

Democratic Socialists of America

US Uncut

Fight for the Future

Veterans for Peace

Government Accountability Project

Witness for Peace

Grassroots Community Radio Coalition

X-Lab

Greenpeace, U.S.A
Guatemala Human Rights Commission
ImaginAction Theater Inc

Regional, State and Local Organizations:

Albany Peace Seekers

Institute for Policy Studies, New

Al-Nakba Awareness Project

Internationalism Project

Baltimore Palestine Solidarity

Jewish Voice for Peace

Bay Area Women in Black

Jews for Palestinian Right of Return

Berkeley No More Guantanamos

Keep Hope Alive Olive Tree Campaign

Birmingham Peace Project

Muslim American Women's Policy Forum

Boston Coalition for Palestinian Rights

National Campaign for Nonviolent Resistance

Carolina Peace Resource Center

National Coalition to Protect Civil Freedoms

Chicago ALBA Solidarity Committee

National Lawyers Guild

Chico Palestine Action Group

Other98

CNY-Cajibio Sister Community

OUR Walmart

Codepink Golden Gate Chapter

Partnership for Civil Justice

Peace Action

Council on American-Islamic Relations San

Francisco Bay Area

People Demanding Action

Committee for Palestinian Rights

Popular Resistance

Corvallis Chapter of The Committees of

Correspondence for Democracy and Socialism

Progressive Catholic Coalition

Progressive Democrats of America
Restore the Fourth
RootsAction.org
Rosenberg Fund for Children

Fellowship of Reconciliation DC
Friends of Franz Jaegerstaetter
Georgia Peace and Justice Coalition
Genesee Valley Citizens for Peace
Golden Ponds Farm

Rutherford Institute

Green Mountain Solidarity With Palestine

School of the Americas Watch

Green Party of Humboldt County

The Nuclear Resister

Hilton Head for Peace

United Electrical, Radio and Machine Workers

Interfaith Community for Palestinian Rights

of America (UE)

Jewish Voice for Peace - Albuquerque

Jewish Voice for Peace - Atlanta

New Haven / Leon Sister City Project

Jewish Voice for Peace - Baltimore

New South Network of War Resisters

Jewish Voice for Peace - Bay Area

Oakland Privacy Working Group

Jewish Voice for Peace Central Ohio

Pax Christi Florida

Jewish Voice For Peace Cleveland

Pax Christi Metro DC-Baltimore

Jewish Voice for Peace - DC Metro

Pax Christi Pentagon Area

Jewish Voice for Peace - Denver

Pax Christi Saint Maurice

Jewish Voice for Peace - Detroit

Palestine-Israel Working Group of Nevada

County, CA

Jewish Voice for Peace - Los Angeles

Jewish Voice for Peace - Louisville
Jewish Voice for Peace - Madison
Jewish Voice for Peace - Milwaukee
Jewish Voice for Peace - New Haven
Jewish Voice for Peace - North Carolina
Triangle Chapter
Jewish Voice for Peace-Portland
Jewish Voice for Peace - Rochester NY
Jewish Voice for Peace - Sacramento
Jewish Voice for Peace - St. Louis
Jewish Voice for Peace - San Antonio
Jewish Voice for Peace - San Diego
Jewish Voice for Peace - South Bay (Silicon
Valley)

Peace Action Montgomery

People of Faith CT
Philadelphia Coalition for Boycott Divestment
& Sanctions against Israel
Puerto Rican Alliance of Los Angeles
Queers Undermining Israeli Terrorism
Racine Coalition for Peace and Justice
San Francisco Women In Black
SOA Watch Austin
SOA Watch Los Angeles
SOA Watch New Mexico
SOA Watch San Francisco
SOA Watch South Florida
South Florida National Lawyers Guild

Jewish Voice for Peace -South Florida

Syracuse Peace Council

Jewish Voice for Peace - Twin Cities

The Gubbio Project

Jewish Voice for Peace - Western Massachusetts

Twin Cities Peace Campaign

Jewish Voice for Peace - Tacoma chapter

United for Justice with Peace

Long Island Teachers for Human Rights

Vermonters for a Just Peace in Palestine/Israel

Maine Voices for Palestinian Rights

Veterans for Peace Chapter - Santa Cruz

(Chapter 11)

MidEast: JustPeace
Minnesota Anti-War Committee

Veterans for Peace - New Hampshire (Chapter

62)

Montgomery County (MD) Civil Rights

Coalition

Veterans for Peace - Portland (Chapter 72)

Muslim Justice League

Nevada Desert Experience

Veterans for Peace - Boulder (Chapter 120)

Veterans for Peace - Corvallis (Chapter 132)

War Resisters League New England

Wisconsin Bail Out the People Movement

Washington Peace Center

Witness for Peace Southeast

Western Massachusetts Coalition for Palestine

Women Against Military Madness

CC: Members of the Senate Judiciary Committee; Members of the House Judiciary Committee