A Response to the Portland City Council’s JTTF Review Work Plan
Things have not gotten better with the JTTF, they have gotten worse. This is definitely not the time to get back in bed with the Feds. They do not respect the privacy and freedom of expression rights of Portlanders any more at this time, then they did then, and perhaps less now. The bruises still remain from the JTTF’s legacy of terror upon the Constitutional rights of citizens pre-2005, especially in Portland’s key social justice industry. This re-opening of those old wounds is irresponsible and the misplaced belief that the current council can control a proven abuser is naïve at best. More importantly, the justifications for its timing are as puzzling as they incongruent with the reality of the marked decrease in the current Federal government’s respect for core rights.
First, it is unclear who, or what, is really motivating the timing of the Council’s decision to re-assess Portland’s entanglement with the JTTF. An appropriate preliminary move, not addressed by the Draft, would be a candid revelation of the interests that have the council’s ear and what they have specifically said to encourage the council at this untimely moment. There are no explicit statements in the Draft, but it can be gathered that the election of a new President and “changes” in related federal policies imply that things are better at this time and justify a re-evaluation. However, nothing could be further from the truth and just a few examples serve to dispel that ironic notion in support of re-assessment now.
A preliminary example is the recent federal TSA policy which forces citizens to choose between having their privacy rights violated by either being viewed naked in X-Ray/Backscatter Scanning equipment or sexually assaulted. This federal policy has raised eyebrows across the political spectrum about the federal government’s respect for citizens’ privacy rights. Similarly, the head of the current administration voted in favor of a pardon for the telecom companies that provided assistance to the government’s proven illegal wiretapping of the private conversations among U.S. citizens on a massive scale. A wiretapping program which was never denied and is likely still ongoing, the existence of which would never been known without a leak to the press.
Speaking of discovering privacy violations through press leaks, only a few days ago the CIA was publicly exposed by Google after setting an web-based entrapment device called a “honeypot” mirror of the WikiLeaks website designed to record the reading activities of any citizen would came to this site. The evidence gathered will be used for later prosecution. This tactic of subterfuge was, it must be noted, to counter the affect of leaks about the government’s own spying activities on other countries. Clearly, the federal government’s policies show a significant decrease in respect for privacy and freedom of expression during this administration. But, these evaluations of broad federal policy are inherently political and make a questionable yardstick to measure whether to increase Portland’s entanglement with the feds. If this “change” in related policies is a basis for the timing of this move as the Draft suggests, it is a very poor criteria and the facts weigh against a finding of change in a positive direction. It is unfair to ask Portland’s citizens to sink or swim with the current administration’s “changes “, even if the council would risk that.
Closer to home and with respect to entrapment, many in Portland are questioning the FBI and PPB’s role in the arrest of Mohamed Osman Mohamud, a 19 year-old Somalian (who the Draft deftly refers to as an “Oregon Man”) charged with attempting to detonate a bomb at Pioneer square. Our country’s social values, and judicial system, proceed on the notion that an accused is innocent until proven guilty. Thus, we must assume at the present time that the most likely scenario was entrapment and that the 19 year-old dark-skinned target of investigation is innocent. A guilty verdict or refutation of entrapment after the trial might be a more appropriate time for an introduction of this Draft. If this episode is a part of the council’s justification for reassessment, it is premature and seems to have cleared the FBI and convicted the “man” already.
If the unspoken motivation to rekindle Portland’s love affair with the JTTF is because the council thinks it can succeed, where others have failed, to monitor a federal agency which uses trickery as its main tactic, the council is very naïve and perhaps over-proud. Mayor Sam Adam’s own public comments attest to the fact that he was kept in the dark by his own police force about the operation. In instances involving “Top Secret” clearance, no more oversight will be gained by a reengagement with the same JTTF that did not like our previous terms which limited their discretion. The Draft’s solution seems to be to give into JTTF’s terms to gain leverage. This is the classic story of the “tar baby” or the abused spouse.
In addition, the question whether the PPB has violated U.S. and Oregon law in its previous spying activities of Portland citizens is a non-starter. Of course they did; the documented instances of it are part of what led to removing the influence of the JTTF in the first place. The Mayor himself, having been privy in the administration which saw the problem to begin with must know this already. The federal government may be said to have a sort of “illness” when it comes to violating privacy and freedom of expression law. It makes no sense to have the JTTF come back to reinfect our PPB, which has its own maladies the city is dealing with already.
The social justice industry in Portland arguably suffered the brunt of the offenses. Though often overlooked, Portland’s social justice industry draws many new residents who both work and volunteer a lot of time to causes they believe are important. These residents’ activities contribute significantly to the city’s cultural and financial wealth through events and taxes. This industry is part of what makes Portland what it is and is responsible for attracting many important knowledge workers.
It is well documented on the basis of first-person observation and the very few FOIA requests granted that the JTTF investigated and disrupted purely political groups who were targeted for being opposed to several federal government policies. These groups posed no threat of violence against any citizen of Portland, the State of Oregon, or the Nation. The JTTF used subterfuge and infiltration which had the effect of illegally denying privacy to individuals, chilling free speech, and rights to freely associate. The JTTF’s violations were not minor and they had a significant impact on many real voter’s lives. Going to gather the “original source materials” will be a difficult process since these grassroots groups do not possess the political, financial, or legal clout to produce such, mostly secreted, material on their own. While groups like the ACLU are sometimes allies of the types of political thinking exhibited by people that suffered the worst abuses under the JTTF, the ACLU and the like are by no means representatives of these people. So, in following this Draft’s outline, the council will be getting the wrong data from the wrong people and getting the wrong answers.
Finally, in answer to the immediate question, whether the events surrounding the November 2010 arrest would have unfolded differently if the city was a full participant in the JTTF, the answer is “yes” and “no.” First, “no,” neither the process by which the target of “investigation” was chosen, the tactics used in furtherance of the “investigation,” the inability of the Mayor to monitor the secreted activities, nor the ultimate outcome of arrest would have been any different. But, “yes,” there would have been a important difference to Portland’s voters; the city would have been complicit and could not escape its own responsibility to the community for better or worse.