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?

Nearly 800 people were arrested. Pepper spray and flash-bang grenades were repeatedly used to disperse crowds. Store-front windows were smashed and vehicle tires slashed. If nothing else, the four days of the Republican National Convention certainly succeeded in bringing some excitement to the normally sleepy streets of downtown St. Paul.

Before a sometimes rambunctious public audience today, a seven-member panel, led by former U.S. Attorney Tom Heffelfinger and former Assistant U.S. Attorney Andy Luger, presented an 82-page report on policing during the Republican National Convention to the St. Paul City Council. While the panel generally concluded that the St. Paul police acted appropriately in overseeing security arrangements during the four-day gathering, it did offer numerous criticisms of the department’s preparations and tactics. Among the shortcomings outlined in the report:

• The cops should have done a better job of preparing the public for the police presence during the RNC. In numerous community events leading up to the convention, police officials emphasized that they intended to utilize a friendly and low-key approach to law enforcement. In reality, there were scores of cops in riot gear lining parade routes and protests on all four days of the convention, leading many observers to characterize it as a police state. “We take fault with the city for not preparing the community better,” Luger told the city council.

• The St. Paul Police Department was slow in working out “joint-powers agreements” with more than 100 outside law-enforcement agencies deemed necessary to staff the event. This led to uneven training for officers and a “slow and disjointed response to anarchist activities” on the first day of the convention.

• There was no established protocol for dealing with journalists who got swept up in unlawful assemblies and other events. This led to the arrest of more than 40 reporters who were attempting to do their jobs. “Both the media and the SPPD struggled with the question of who was a journalist and whether journalists (however defined) should be afforded some form of special treatment should they find themselves detained or arrested,” the report concludes.

• The use of “mass arrests” to deal with disturbances should be further reviewed. In particular, the report raises questions about the detainment of roughly 350 people on the Marion Street bridge during the final night of the convention.

Despite these criticisms, the panel concluded that the threat of violence from protesters during the convention was significant and that there were credible plans to shut down the convention. “These were sophisticated, organized and tenacious activists intent on committing repeated and highly dangerous acts of violence,” the report states.

During the one-hour presentation, a packed house of observers often laughed, jeered and offered unsolicited criticisms of the report’s findings. While the outside review was intended to placate critics of the police’s handling of the convention, it was clear that many who showed up were unimpressed by the process. Heffelfinger and Luger were repeatedly interrupted by cries of “lies” from the audience as they gave their testimony. On a couple of occasions city council president Kathy Lantry threatened to shut the meeting down if the audience did not desist from disrupting the presentation.

The seven-member panel was hired in October by the City of St. Paul to review police preparations and tactics during the four-day gathering. The group interviewed more than 50 people involved in RNC protests and policing, reviewed thousands of pages of planning documents, and watched hundreds of hours of videotape. All exhibits, including videos and photographs, can be reviewed on the city’s web site.

Despite the criticism, St. Paul Mayor Chris Coleman expressed satisfaction at how the four-day gathering proceeded.

“I still believe at the end of the day it was a successful convention,” he told the city council. “We will take this report very seriously and we will act upon it where appropriate.”

The MPD’s internal review will mostly remain confidential, although the department is prepared to release a version of it to the public after St. Paul’s study goes public today. According to MPD spokesman Sgt. William J. Palmer:

We have completed an After Action Report, which is an internal document that reviews our methods and actions during the RNC. That is a non-public document because it will be used to plan future events and release would compromise tactical operations. There is a summary of the after action report which will be public. That document will be released once we receive a copy of the St. Paul reports. Because we participated in the St. Paul process as our agencies’ planning and operations were intertwined, we will use the relevant sections of that report to address the items of joint concern. Our report will also address those items relevant specifically to Minneapolis. We do not yet have a date that the summary will be available.

The Oberlin College project involves seven first- and second-year students (two from the Twin Cities) who will spend two weeks here this month interviewing as many as 20 people from a variety of backgrounds who were involved in, as researcher Samantha Link puts it, “the RNC scandal”:

We’ll be videotaping interviews (hopefully to compile into a mini-documentary at the end) with activists/protest organizers, journalists who got caught up in police actions, ACLU lawyers and official RNC organizers and police, if they will talk to us. Surveying the information available on the issue, it seems most of “the facts” are out there, but the people we are talking to still seem to have a story to tell. We want to focus on the human impact of the RNC conflict and any changes it created in citizens’ relationships to their government and their civil rights.

An Edina native, Link says the RNC shook her impression of home as a “generally tolerant place adhering to a live-and-let-live, ‘Minnesota Nice’ state of mind.”

A very different group from out of state is conducting another study based on interviews here this month. The Police Executive Research Forum (PERF) describes itself as “a national membership organization of progressive police executives from the largest city, county and state law enforcement agencies … dedicated to improving policing and advancing professionalism through research and involvement in public policy debate.”

PERF’s topic of inquiry is more narrowly focused on communications and media relations during what are known as National Special Security Events (NSSEs) — huge gatherings like the RNC, the presidential inauguration, and even certain Super Bowls at which the U.S. Secret Service takes charge of all law enforcement.

I was among the media workers interviewed last week by PERF Executive Director Chuck Wexler and Homeland Security Development Director Gerard Murphy, in a high-ceilinged meeting room in the office suite of MPD Chief Tim Dolan, who Murphy said had invited PERF to do the study. Wexler and Murphy asked about how journalists identified themselves to police and plans made by media and police before the RNC. Wexler asked whether I would be willing to wear special vests that would mark me as media. Their interest in what happened during the RNC and what could be done to make future NSSEs better seemed genuine.

Look for updates on these three studies as they are completed or I learn more about them.

There’s nothing new about the northern Minnesota reservation getting attention during tight election contests. As reported here last month, the director of President Ronald Reagan’s 1984 re-election campaign, Ed Rollins, is fond of recalling how he had to talk down hard-charging colleagues who wanted to recount what they thought were suspicious votes there (by “dead Indians”) in hopes of netting the Gipper a full 50-state sweep. And Red Lake has had experience with close races and calls for recounts in tribal government elections as recently as 2006.

The area has even found a way to play a leading role in the preliminaries to the historic recount that begins this week in Minnesota’s U.S. Senate election. Last week the Franken campaign put forward what turned out to be mostly a rural legend about an elderly woman whose absentee ballot was rejected because after she had a stroke, her signature no longer matched the one on file. Even as it emerged that this wasn’t the case, the woman was never identified publicly — except that she lives in Beltrami County, where most of the Red Lake reservation lies.

Andy Luger and Tom Heffelfinger

St. Paul Mayor Chris Coleman announced late Tuesday afternoon that the city will undergo an outside review of the public safety effort tied to the Republican National Convention — but its limited scope may not satisfy calls from various quarters for independent review of police misconduct.

Leading the charge is former U.S. Attorney Tom Heffelfinger, who now works for Minneapolis law firm Best & Flanagan, and Andy Luger, previously an assistant U.S. attorney who is employed at Greene Espel in Minneapolis.

They’ll be putting a team together to perform the assessment and define its parameters, according to a statement from the mayor’s office. The timeline for the study and other details are yet to be nailed down, according to mayoral spokesman Bob Hume. He told Minnesota Independent that the city had always planned to “take a hard look at the events of the week,” but didn’t before know “what form it would take.”

“Today we basically said we would bring in a fresh set of eyes to work through the process of determining what went well and what lessons are to be learned,” said Hume.

Regarding the questions that members of the public have raised about security measures during the RNC, “We want to be able to answer those as best we can. Our feeling is these two [attorneys] will help us navigate that and will give an honest look at how things went,” he said.

But Heffelfinger is saying the team will not look into allegations of police misconduct, raising the question of whether St. Paul’s move will satisfy the various organizations and officials demanding independent reviews. An international human rights group, a national civil liberties organization and a smattering of local officials have issued calls — ranging in tone from livid to tepid — for investigations:

Amnesty International wants “city and county authorities to ensure that all allegations of ill-treatment and other abuses are impartially investigated, with a review of police tactics and weapons in the policing of demonstrations” — adding that it should be prompt and public.

The American Civil Liberties Union wants “an investigation into possible violations of the First and Fourth Amendments, including the arrest of reporters trying to gather the news; the mass arrest of hundreds of peaceful protestors; the surveillance and subsequent raids on several activist groups and private homes; and the confiscation by law enforcement agents of constitutionally-protected private property.”

Locally, St. Paul City Council Member Dave Thune has said he wants “a public airing of what went right and what went wrong.” To that end, he’s scheduled a “community conversation” on Sept. 24, 5:30 p.m., City Council chambers, to hear from interest groups — but no open mic for public testimony. He’s also is soliciting citizen comment for St. Paul’s official police “after-assessment.”

Minneapolis Mayor R.T. Rybak wants to investigate police actions personally — “just the mayor taking a look at how the police responded to the protests,” his spokesman told MPR. The mayor is eschewing any formal review.

Minneapolis City Council Members Cam Gordon and Gary Schiff want “an independent, blue ribbon panel to conduct a thorough investigation into the events, decisions and policies surrounding security issues and the RNC, hold hearings and make recommendations for future policy changes.”

Schiff told Minnesota Independent on Monday that he envisions a joint Minneapolis-St. Paul commission approved by both city councils, with funding from both cities. In contrast to Heffelfinger’s statement that civilian review and police internal affairs panels could handle charges of police misconduct, Schiff said the cases arising from hundreds of RNC arrests would overwhelm those local boards, and that is why an independent blue-ribbon panel is needed.

Another parochial concern that may elude Heffelfinger are Minneapolis’ guidelines of recent vintage against which Minneapolis council members intended to measure police actions during the RNC, the “police policies regarding public assemblies” that the council passed in July 25. Gordon aide Robin Garwood and Schiff agreed city police appear to have violated at least one of the 29 policies regarding treatment of the press.

Might RNC policing be an issue in Minneapolis elections next year? Schiff shrugs, but Dave Bicking, who unsuccessfully challenged Schiff for the Ward 9 city council seat three years ago, says it could. Police accountability was one of the main issues on which Bicking ran in 2005 — a lit piece of his cautioned that “Expensive lawsuits should not be the only means for accountability” — and it could be again, especially now that Bicking’s daughter Monica is one of the marquee arrestees facing the stiffest penalties from the pre-RNC sweeps.