The video, taken by Twin Cities Indymedia, documents tour stops with cops-on-bikes in tow, a luncheon at a Minneapolis church with a parking lot full of police vehicles, and a musical (but “awkward”) petition-presentation to Ramsey County District Attorney Susan Gaertner with someone the TC Indymedia identifies as a plainclothes officer making his own video recording.

The events were in support of the RNC8, the eight individuals who face felony terrorism conspiracy charges from arrests made at pre-emptive raids before the RNC took place. Friends of the RNC8 are asking Gaertner to drop the charges.

In the video, famed FBI whistleblower Coleen Rowley presents Gaertner with an appeal from famed Pentagon whistleblower Daniel Ellsberg, among others. Don Olson, a member of the Minnesota 8, a group who vandalized a Vietnam War-era draft office, told Gaertner, “We actually did something, but they didn’t do anything.”

TC Indymedia said 50 riders (not “rioters,” as it sounds like on the video) took part in the Tour de Fletcher, named for Ramsey County Sheriff Bob Fletcher, the man behind much of the law enforcement at the RNC.

After estimating the post-luncheon contingent at seven or eight remaining bicycles, a St. Paul police officer is shown issuing a radio message: “They’re not very forthcoming on information so I guess they don’t want to be safe on their bicycle ride.”

Police made one arrest for disorderly conduct, according to the video.

In a letter to Minneapolis Police Chief Tim Dolan, bike-tour participant Nigel Parry wrote:

You are making the Cities a scary place to live. We should be able to go about our Constitutionally-guaranteed business, our political associations, and our vegan potlucks without this kind of—frankly—pervasive and fascist intervention.

Photo: Jill Brady (via The Vigil)

FBI whistleblower-turned-activist Coleen Rowley is on a roll. She ripped into the City of St. Paul’s report on Republican National Convention law enforcement in a commentary that appeared Friday at MinnPost and today at The Huffington Post. Tomorrow, as court hearings start in the cases of the RNC8 protesters, Rowley and individuals from Women Against Military Madness (WAMM) and other groups will file formal complaints against the city, state and Ramsey County over police tactics. And Rowley’s inquiries into what she suspects was overbroad surveillance during the RNC are starting to bear fruit — or at least what she calls a first “non-responsive” response from Ramsey County Sheriff Bob Fletcher’s office.

In her commentary, Rowley cites President Obama’s inauguration as an example of a National Special Security Event (like the RNC) that police pulled off “somehow, without tear gas, tasers or thousands of people dragged off in handcuffs.” St. Paul’s Heffelfinger-Luger report, Rowley points out, avoids the question of “whether such aggressive ‘police state’ action during the RNC was actually necessary.” She concludes:

Perhaps the worst mistake made in the RNC Commission Report is falling for the notion of trade-offs between security and liberty instead of seeing them as intertwined. President Obama phrased it well in his inaugural speech statement, when he said “we reject as false the choice between our safety and our ideals.”

After a “Mardi Gras-themed procession” at noon on Tuesday on the state Capitol lawn, Rowley and others plan to file ”Notices of Claim” (pdf) that will contain charges like this:

In the year-long investigation and planning that preceded the RNC and the police enforcement during the RNC, Sept 1-4, 2008, the Ramsey County Sheriff’s Office, along with other state, local and federal law enforcement agencies and private corporations and associations of private companies, including the “Department of Homeland Security’s (now defunct) Highway Watch” and presumably the FBI’s “InfraGard” corporate partnerships did produce faulty and defamatory “intelligence” assertions that linked the organization WAMM that I am a member of to “terror networks”. Ramsey County opened an investigation approximately one year before the RNC that provided the basis of the false claims used to defame WAMM and to violate the privacy rights of WAMM members by then disseminating this information to private corporations, associations and other law enforcement agencies.

Rowley’s public-data requests to the FBI (her former employer) and Ramsey County have so far elicited only a brush-off response from Fletcher’s office (pdf).

Her draft response:

1) If I understand correctly, any data gathered on the other organizations and groups (besides the RNC Welcoming Committee) that I inquired about—to include that gained by viewing their websites–is not contained in separate files but in the same investigative file as the one that has led to prosecution of some of the “RNC Welcoming Committee”. Is that understanding correct?

2) If you are saying that the information your Department has collected on other groups and members of other groups, is all contained in one big file, there still would be no reason it cannot be segregated out for release, would there? Since there are no ongoing prosecutions related to these other groups and members of these other groups? For example: the “Women Against Military Madness (WAMM)”; “Troops Out Now”; the “Anti-War Committee”; “Protest RNC 2008” and other peace and social justice groups are charted out in a “Social Network Analysis” and “Power Centrality Ranking” that links them to the “RNC Welcoming Committee” in a Homeland Security-Highway Watch document that has recently come to light. It’s not clear whether this “intelligence” product was only produced as a result of “viewing their websites” but even if that’s so, wouldn’t there at least be notes and copies made from that law enforcement effort of analyzing the public websites?

3) I have a hard time believing that Ramsey County Sheriff Department informant(s) reported information only on the “RNC-8”. It is precisely the other individuals who are not being prosecuted and about whom information may be contained in the Ramsey County Sheriff’s Office that is of interest for the research that Mr. Cox and I are conducting. Are informant report files maintained separately?

4) Again assuming I’m correct in believing that the Ramsey Sheriff Department’s information is contained in one big file that also involves the information collected on the “RNC Welcoming Committee,” what is the name of that file? How is it indexed for retrieval and further use? Was the file opened to contain all investigative data collected in the lead-up to the RNC or was it focused solely on the RNC Welcoming Committee? If the latter, why would the information on other groups and members of groups not connected to the prosecution of the “RNC Welcoming Committee” not be releasable at this time? Can you give me an idea of the size of the file and how many other individuals and groups (not being prosecuted) are documented or referenced in the file?

5) Why did you ask for a delay when first responding to my request back in December, telling me you expected my request to take a lot of time to gather up responsive materials?

Here is the court schedule for the RNC8 hearings. All will take place at the Ramsey County Courthouse, 15 W. Kellogg Blvd., St. Paul (courtroom assignments listed on screens in the lobby).

Max Specktor: Feb. 24, 1:30 p.m.
Monica Bicking: Feb. 24, 2:30 p.m.
Luce Guillen-Givens: Feb. 27, 9:30 a.m.
Eryn Trimmer: Feb. 10:30 a.m.
Erik Oseland: Monday, March 2, 9 a.m.
Rob Czernik: Tuesday, March 3, 9 a.m.
Nathanael Secor: Tuesday, March 3, 10 a.m.
Garrett Fitzgerald: Tuesday, March 3, 1:30 p.m.

He writes:

Was the act pre-meditated? Yes.
Was it a felony? Yes…if charged with felonious assault.
Was their violence to persons or property? Yes. (property damage)
Was the act intended to “terrorize, intimidate, or coerce a considerable number of members of the public in addition to the direct victims of the act”? Yes. Intended to affect all supporters of Roe v Wade.
or
Did it significantly disrupt or interfere with the lawful exercise….of lawful commerce? Yes.

Here’s the language in state law that Mindeman cites:

“a crime is committed to ‘further terrorism’ if the crime is a felony and is a premeditated act involving violence to persons or property that is intended to: (1) terrorize, intimidate, or coerce a considerable number of members of the public in addition to the direct victims of the act; and (2) significantly disrupt or interfere with the lawful exercise, operation, or conduct of government, lawful commerce, or the right of lawful assembly”.

Gaertner is running for governor in 2010.

One place to compare notes on the line between protest and terrorism is at a 3-6 p.m. town hall meeting on Sunday, Jan. 25 at Walker Church, 3100 16th Ave. S., Minneapolis, to discuss the defense of the eight RNC protesters charged with terrorism. Speakers will include retired FBI agent and TIME Magazine 2002 Person of the Year Coleen Rowley, state Rep. Phyllis Kahn, Macalester College professor Peter Rachleff.

After the jump, Darby’s statement and a short video clip in which Darby, co-founder of Common Ground Collective, advocates for Hurricane Katrina victims.

December 29, 2008

To All Concerned,

The struggles for peace and justice have accomplished significant change throughout history. I’ve had the honor to work with many varying groups and individuals on behalf of marginalized communities and in various struggles. There are currently allegations in the media that I have worked undercover for the Federal Bureau of Investigation. This allegation no doubt confuses many activists who know me and probably leaves many wondering why I would seemingly choose to engage in such an endeavor. The simple truth is that I have chosen to work with the Federal Bureau of investigation.
As compelling as the natural human desire to reason and express oneself can be, regardless, I must hold my comments at this time on certain aspects of the situation. That said, there are a few statements and generalizations I will make relating to my recent choices.

Though I’ve made and will no doubt continue to make many mistakes in efforts to better our world, I am satisfied with the efforts in which I have participated. Like many of you, I do my best to act in good conscience and to do what I believe to be most helpful to the world. Though my views on how to give of myself have changed substantially over the years, ultimately the motivations behind my choices remain the same. I strongly stand behind my choices in this matter.

I strongly believe that people innocent of an act should stand up for themselves and that those who choose to engage in an act should accept responsibility and explain the reasoning for their choices.

It is very dangerous when a few individuals engage in or act on a belief system in which they feel they know the real truth and that all others are ignorant and therefore have no right to meet and express their political views.

Additionally, when people act out of anger and hatred, and then claim that their actions were part of a movement or somehow tied into the struggle for social justice only after being caught, it’s damaging to the efforts of those who do give of themselves to better this world. Many people become activists as a result of discovering that others have distorted history and made heroes and assigned intentions to people who really didn’t act to better the world. The practice of placing noble intentions after the fact on actions which did not have noble motivations has no place in a movement for social justice.

The majority of the activists who went to St. Paul did so with pure intentions and simply wanted to express their disagreements with the Republican Party. It’s unfortunate that some used the group as cover for intentions that the rest of the group did not agree with or knew nothing about and are now, consequently, having parts of their lives and their peace of mind uprooted over.

There is no doubt in my mind that many of you reading this letter will say and feel all possible bad things about my choices and for me. I made the choice to have my identity revealed and was well aware of the consequences for doing so. I know that the temptation to silence or ignore the voice of someone who you strongly disagree with can be overwhelming in matters such as this one; and no doubt many people will try to do just that to me. I have confidence that there will be a few people interested in discussion and in better understanding views different from their own, especially from one of their own. My sincere hope is that the entire matter results in better understanding for everyone.

Many of you went against my wishes and spoke publicly in defense of me. Those involved were correct when they wrote that I wasn’t making my choices for financial reasons or to avoid some sort of prosecution. They were incorrect that my ideology didn’t support such choices. One individual who publically defended me stated that they didn’t believe I was working undercover because the government would have used my access to take down a more prominent activist if the allegations were true. If indeed the government or I was interested in doing so, it could have happened in such a manner. However, the incorrect notion that the government was out to silence dissent was the cause for the mistake made by that person. In defense of the individuals who openly did their best to do what they thought was defending me, they did not know the truth and they had no way of knowing the truth due to their ideological and personal attachments to me. It’s unfortunate that the truth couldn’t have come out sooner and that the needed preparations for such a disclosure take time. I really did mean it when I said that I didn’t want to discuss it and that I didn’t want folks addressing the allegations.

Again, I strongly stand behind my choices in this matter. I’m looking forward to open dialogue and debate regarding the motivations and experiences I’ve had and the ethical questions they pose.

In Solidarity,

Brandon Michael Darby

I’d met Rowley in 2006, at her campaign fundraiser at my parents’ house. At the time, she seemed fierce and friendly, with a somewhat prim persona akin to her plaid-skirted appearance on the cover of TIME four years before. Now, a comfortably rumpled Rowley sidled into a courtroom seat with the more relaxed bearing of a street-level activist and occasional blogger. She had a stack of “Defend the RNC8!” postcards to pass out, and a lot to say.

Rowley recently submitted data requests about law enforcement during the 2008 Republican National Convention to the FBI (via the Freedom of Information Act) and to the Ramsey County Sheriff’s and St. Paul Police departments (through the Minnesota Government Data Practices Act). She expects to learn whether the surveillance and policing of 60 to 70 political organizations in St. Paul last September to protest the Republican National Convention (RNC)– as well as the surveillance of another 80 or so legal aids, independent media and artistic performance groups — was overly broad.

If it wasn’t, Rowley said that news will come as a relief to people like those she knows in CODEPINK who say they were pulled over repeatedly around the time of the RNC. But if the wide net she’s cast does snare examples of extra-constitutional overreaching, they’ll go into a book she’s working on with author William John Cox.

Rowley regaled me and Minnesota Public Radio’s Laura Yuen, who sat nearby, with stories about her early days as an FBI agent in the early 1980s. Hoover had died almost a decade (and several reform efforts) earlier, but his ghost still hovered over the Bureau. It was Rowley’s job to respond to the very sort of data requests she now has pending about the RNC. As we watched the defense attorneys from the National Lawyers Guild kibitz at the front of the courtroom, Rowley recalled that as an FBI agent she sat among stacks of files on the Guild’s members — a throwback to Hoover’s conviction that the Guild was a communist organization.

Back then, every new lead meant a new file, Rowley said. If folksinger Burl Ives threw a party, the next day everyone in attendance had an FBI file. She suspects that won’t be the case with the 150 groups about whom she’s requested records.

Rowley said she was always proud that the FBI fought public corruption as its top priority (it’s now the agency’s fourth priority, according to an FBI spokesman I talked to separately). I asked her about reports that the FBI is looking into allegations that businessman Nasser Kazeminy funneled money to U.S. Sen. Norm Coleman through a business he controls in Texas and Coleman’s wife’s employer in Minnesota. Does the FBI really open different levels of cases with some (like the Coleman cash question, reportedly) termed mere inquiries while others are full-fledged investigations? Rowley, who retired in 2004, said that in her day two levels of investigations did exist but the lesser was rarely used, and in any case the difference between them was nominal at best — you either had a case worth pursuing or you didn’t.

Rowley spoke in an elevated whisper — this being a courtroom, although the judge never appeared — that later put me in mind of the lower, hoarser whisper that actor Hal Holbrooke used in the “All the President’s Men” film to portray of Mark “Deep Throat” Felt, who had been Hoover’s second-in-command at the FBI. Felt died Thursday, having revealed himself as Deep Throat but taking with him any key to the internal contradictions of a man who helped engineer both the illegal surveillance on dissidents and the downfall of a president who put such dirty tricks to his own political ends. Next time I see her, I’ll ask how Rowley — who put her own livelihood at risk to root out wrongdoing within the FBI — how she felt about Felt.

The postcard Rowley was handing out this week.

The new charges are conspiracy to riot in the second degree (without the terrorism enhancement); conspiracy to damage property in furtherance of terrorism; and conspiracy to damage property (without terrorism enhancement). The eight were arrested before the Sept. 1 start of the RNC.

Something else seems to have been discussed in Rosas’ chambers, but the parties weren’t talking about it afterward. Attorneys for the defendants and Janet Hafner, a spokeswoman for Ramsey County Attorney Susan Gaertner, said the judge asked them not to disclose details to the press. That request — which was not a formal gag order — was apparently breached almost immediately when defense attorneys discovered that Gaertner’s office had issued a statement, prompting the RNC8 attorneys to rush back to the judge’s chambers en masse. The result was that Gaertner’s office pulled back its release, which reads in part:

Contrary to the assertions of some individuals supporting them, the defendants are not being singled out for prosecution for political reasons, or to silence the free speech we all cherish. Plain and simple, they face these charges because they broke laws that apply to them, and to all others, equally. …The evidence shows that these defendants, rather than being victims of oppression, planned to deprive others both inside and outside the convention hall of their free speech rights through acts of violence.

The RNC8 Support Committee released its own statement, mostly prepared before Wednesday’s court date, asserting that the newly added felony counts amounted to “prosecutorial games meant to cloud public perception and to ensnare the 8 in a web of overlapping charges. … [T]he Prosecutor’s office is attempting to obtain a court order to keep the RNC 8 from sharing information about their case.” Gaertner’s retracted press release, the statement said, engaged in “defaming our character in an attempt to taint the jury pool.”

More than 50 people were in the courtroom, including the eight defendants (who stuffed themselves onto a single bench in the gallery), at least two of their fathers, 14 lawyers, three deputies, several reporters and one baby. Victor the bomb-sniffing dog searched the courtroom as people arrived, prompting one defense attorney to voice a tongue-in-cheek protest: “I find that offensive — as if we wouldn’t tell our clients to leave their bombs at home.”

The hearing came on the heels of a series of activity in support of RNC protesters facing charges, including Vernon Rodriguez of California, who was charged with a felony and whose trial was postponed by four weeks on Monday, according to a courtroom clerk. An announced effort to flood Gaertner’s office with phone calls demanding she drop charges didn’t amount to a noticeable uptick in call volume, according to the main desk receptionist at Gaertner’s office. But some in the courtroom today were still discussing a protest against St. Paul Mayor Chris Coleman at a downtown restaurant; that protest succeeded in generating at least several minutes of excitement. (Gaertner has announced her candidacy for governor, and Coleman is considering a run for that office.)

Whatever went on behind closed doors, the mood was light enough that one of the eight young defendants performed a handstand and a backflip while waiting for the attorneys to return from the judge’s chambers.

Details after the jump, including the names of those whose trials start this week.

CRASS tells the Minnesota Independent that trials start this week for Vernon Rodrigues (felony); Shannon Alsup, Ashley Majer, Lisa Mirkovich, Loren Yglecias (gross misdemeanors); and Jared Collins, Leif Johnson, Thomas Kamen and Andrew Wilson (misdemeanors).

The protest against Coleman is set for 4:30 p.m. today at Mancini’s Steak House, 531 W. Seventh St., St. Paul.

The call-in to Gaertner’s office is set for  9 a.m.–5 p.m. Tuesday and 8 a.m.–1 p.m. Wednesday. That effort leads up to the next court date for the eight people arrested before the convention began who are known as the RNC8: Luce Guillen Givins, Max Specktor, Nathanael Secor, Eryn Trimmer, Monica Bicking, Erik Oseland, Robert Czernik and Garrett Fitzgerald.

CRASS describes itself as “non-hierarchical coalition of RNC arrestees and community allies” that includes Coldsnap Legal Collective, Friends of the RNC 8, the National Lawyers Guild – Minnesota, Communities United Against Police Brutality, Anti-War Committee, Twin Cities Indymedia, and Veterans for Peace.

On Friday, Joe Robinson received the first RNC protester felony sentence – a $100 fine and 100 hours of community service — from Ramsey County District Court Judge Salvador Rosas, who is assigned to hear the RNC8 case on Wednesday.

With several members of the RNC8 — the people charged with felonies in conjunction with planned protests at the Republican National Convention in St. Paul last month — heading to court today for hearings in their cases, the Friends of the RNC8 are asking supporters to phone three local officials today to urge that charges be dropped.

The call-in’s targets are: Ramsey County Attorney Susan Gaertner (651-266-3222), St. Paul Mayor Chris Coleman (651-266-8510) and St. Paul City Attorney John Choi (651-266-8710).

“Please be polite, but firm,” organizers advise, in asking Gaertner to drop terrorism charges, Choi to drop misdemeanor charges, and Coleman to hold police accountable for actions. The stated hours of the “Call-In Day’ are 9 a.m.-5 p.m.

The RNC8 are eight people – Luce Guillen-Givins, Max Spector, Nathanael Secor, Eryn Timmer, Monica Bicking, Erik Oseland, Robert Czernik and Garrett Fitzgerald — who face federal terrorism charges after being rounded up in pre-emptive raids on protest groups in the days before the Republican National Convention in St. Paul.