Light punishment for assault at Fort Lewis

The man accused of assaulting a female soldier at Fort Lewis slipped through the administrative crack because he was technically discharged from the military at the time of the crime.  He contacted the victim from Hawai’i.

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Last updated August 23, 2009 1:50 p.m. PT

Light punishment for assault at Fort Lewis

By SEAN ROBINSON
THE NEWS TRIBUNE

FORT LEWIS, Wash. — Taylor Mack woke up choking.

She retched blood, spat out a tooth, and squinted through a fog of swollen pain. Her face was broken. She didn’t know it yet.

Slow recognition. Empty apartment, fast-food bag on the bedside table … Fort Lewis.

The barracks. Here with Andre, the night before … and he had wanted to, but she said no … and then something flying at her face a foot, a fist? She couldn’t remember, and Andre was gone.

It was 2:30 a.m. on June 19, 2007. Mack, then 20, was about to stumble into a Catch-22: a legal snafu, excused by the gods of procedure, footnoted with official sympathy.

Mack made one mistake. She got herself assaulted on military property by a soldier who wasn’t a soldier anymore, a man who slipped between the layers of military and federal authority.

Her attacker, Andre John Roberts, 26, had just been discharged. Hours after admitting his crime, Roberts left the base, escorted by military personnel. Officially, he was a civilian, beyond military control. Unofficially, he was free.

More than two years later, Mack is still waiting for justice. Roberts’ whereabouts are unknown. He did not respond to voice mail messages.

Military officials, responding to inquiries from The News Tribune, now say the case was mishandled.

“Clearly this is not the best we can do,” Joseph Piek, Fort Lewis spokesman, said in a written statement. “Mistakes were made, and those mistakes resulted from a genuine misunderstanding by the military police of Roberts’ status at the time of the incident.”

Mack, a Lacey resident, doesn’t think much of that. For two years, she and her mother, Kim Johnson, have sought action on the case. They blame Roberts, but they also blame what they see as a tepid response from Fort Lewis officials.

“It’s been two years, and he’s never gotten in trouble for it,” Mack says. “All they’re trying to do is save themselves.”

“…a Caucasian female with blonde hair entered the CQ (charge of quarters) area. She was crying and hysterical with blood running down her face. Her face was swollen and she was missing a tooth. She was confused and disoriented and appeared to have been assaulted. I called 911 and requested police and medical assistance.” – Statement from military police report, 6-19-07

Before the night of the assault, Mack knew Andre Roberts a little. He was dating a friend of hers. He’d deployed to Iraq, returned in late 2006, and kept in touch. Young and far from his New Jersey roots, Roberts began spending more time at Mack’s mother’s house sleeping on the couch, going on family camping trips.

“It’s like I adopted this other child,” Kim Johnson recalled.

By summer 2007, Roberts was approaching his discharge date. Johnson recalls that he started getting “kind of clingy,” hinting that he might re-enlist if Mack would be his girlfriend.

Mack wasn’t interested. She already had a boyfriend. Her mother, leery of the needy talk, warned her to avoid Roberts.

On Monday, June 18, Roberts called Mack, seeking help with paperwork related to his discharge. Could Taylor just come to the post and look over the forms? She was smart about that stuff.

Mack said she would come after work.

She did not know that Roberts had been discharged almost three weeks earlier. By military standards, he was already a civilian, though he was still staying on the base with friends.

Records obtained by The News Tribune show Roberts was discharged May 31, 2007 but it wasn’t that simple. He had blown off his outprocessing, the paperwork aspect of leaving the Army.

“Because Roberts was not at his place of duty and did not perform his required outprocessing, he was discharged in absentia,” said Piek, the Fort Lewis spokesman.

Roberts was out, but not gone. He was flopping with friends in the barracks, bunking without authorization.

“It is believed that he was being permitted to stay at the unit barracks by friends, without the knowledge of the unit chain of command,” Piek said. “This is a violation of unit and Army policy regarding visitors to the barracks.”

The standard procedure for checking such violations is loose, officials said. Unit leaders conduct occasional barracks inspections, but they typically rely on soldiers to report violations.

When Mack arrived at Fort Lewis the evening of June 19, Roberts was already toasted.

“He’d been drinking before I got there,” she said. “They drink all the time. That’s all the guys seem to do in the barracks.”

As the evening wore on, he bought burgers and took her to an empty barracks apartment – a friend’s old room. Roberts had the key code. He and Mack could stay here, he said.

He wasn’t interested in discharge paperwork. He wanted to talk about something else – about their relationship, their future. He said he was in love.

“I’m like, I have a boyfriend – I’ll never leave my boyfriend for you,'” Mack remembered saying. “I think in the back of his mind he was hoping he could win me away, and that would never happen.”

Roberts wanted to lie on the bed with Mack. She wasn’t into it.

“That’s when the (expletive) hit the fan and he started kicking me in the back, and I’m like, Dude, don’t – seriously, stop,'” she remembered.

Mack stood. She told him she was leaving.

“That’s the last thing I remember,” she said. “Before standing up and spitting my teeth out of my mouth.”

“…Mack walked into the building bleeding from her face and mouth, stating she wasn’t sure what happened or where she was, but that she was (had been) with Roberts.” – Excerpt from military police report, 6-19-07

Roberts wasn’t around. Military police started searching for him. Mack had called her mother, who was driving up to the post. Police took statements, and sent Mack to Madigan Army Medical Center.

While they gathered statements and surveyed the bloody scene at the barracks apartment, Roberts walked into the charge of quarters area and turned himself in. It was 5 a.m., and he was still drunk. He blew a blood-alcohol level of 0.086 on a breath tester.

“Roberts was apprehended, transported to this station, where he was advised of his legal rights, which he waived, rendering a sworn written statement admitting to the offense.” – Statement from military police report, 6-19-07

After citing him, military police handed Roberts off to his old unit: the 542nd Maintenance Company. Standard procedure in such cases: Give the guy back to his commander until the legal stuff’s done.

“Thinking Mr. Roberts was still in the Army, the military police were planning to turn the case over to his chain of command for action as appropriate under the Uniform Code of Military Justice,” said Piek.

The unit took him, Fort Lewis records say, but confusion lingered.

“The noncommissioned officer who picked him up was not in Mr. Roberts’ former chain of supervision, was not familiar with his status, and also believed him to be in the Army,” Piek said.

Piek did not identify the soldier who picked up Roberts. He added that personnel with firsthand knowledge of the incident are no longer stationed at Fort Lewis or have left the Army.

How is unclear, but unit leaders soon realized Roberts was a civilian, already discharged, someone else’s problem.

Military officials did not alert the Pierce County Sheriff’s Department; there was no formal requirement to do so. They didn’t request a hold for the U.S. Marshals service, which they could have considered.

Instead, a few hours after he confessed to beating Taylor Mack bloody, they escorted him off the base and released him into Pierce County.

“He had already been a civilian since 31 May and was no longer under military control,” said Piek.

At the hospital, military police asked Mack and her mother to go over the incident again and supply a more detailed statement.

Both women were worn out. They wanted to go home and get some sleep. Johnson said she and her daughter would come back to Fort Lewis that evening.

When they arrived, military police said Roberts had been released.

Johnson couldn’t believe it.

“That was it,” she said. “We went to give our side and it was never ever brought up again.”

Johnson asked about the Pierce County Sheriff’s Department. Could that agency help? She remembers military police saying she could seek a restraining order against Roberts.

When she and Mack tried that a few days later, they got nowhere. The incident took place on federal property, they were told. This was a Fort Lewis issue.

Johnson wrote to her congressman, Adam Smith, and the state attorney general, Rob McKenna. Letters came back, advising her to talk to Army prosecutors. She tried that too, and hit dead ends.

“I contacted as many people as I possibly could,” she said. “Basically, it was kind of like we’ll get back with you, we’ll call you, and they never called back, and I would follow up.”

When she did get through, she ran into a new obstacle. Johnson wasn’t the victim – her daughter should do the talking, officials said.

Taylor Mack, still recovering from multiple surgeries to her face and jaw, didn’t feel like talking to anybody. Dismayed by Roberts’ release and the apparent lack of action, she believed the authorities weren’t interested.

On Sept. 14, 2007, Capt. Kenneth Tyndal, a federal prosecutor assigned to Fort Lewis, charged Roberts with assault.

Three months had passed since Roberts signed a statement admitting to the assault. The gap in time was standard for routine cases. “It’s not considered a delay,” said Emily Langlie, spokeswoman for the U.S. Attorney’s Office in Seattle.

The charging statement was one sentence long, filling a single page: misdemeanor assault, the lowest level in the federal code, worth six months in jail at most.

Tyndal is deployed overseas, and could not be reached to discuss his decision.

There was a higher level of assault in the code a felony offense with a stiffer potential penalty, linked to attacks that caused “serious bodily injury.”

The original military police report provided nothing to support the tougher charge. It looked like a straight domestic case.

“All we see is what’s in the file,” said Emily Langlie, spokeswoman for the U.S. Attorney’s Office. “The police report indicated one punch and a knocked-out tooth.”

The police report includes an area labeled “injury type,” with a series of checkmark boxes. “Minor injury” was checked, as was “tooth loss.”

Boxes labeled “broken bones,” “severe laceration,” and “unconsciousness” were left blank.

Taylor Mack had been beaten into unconsciousness and left in a barracks apartment. For weeks, she ate through a straw.

“He broke my jaw,” she says. “He broke my nose, broke my eye socket. I had a concussion. I had to get my teeth re-implanted. I couldn’t eat anything besides liquids for a month.”

Those injuries weren’t listed in the police report. There is no sign in records of the incident to show that police followed up on their initial assessment.

Langlie said the U.S. Attorney’s Office could consider revising the original charges if new information comes to light.

Fort Lewis officials say they’re not satisfied by their response to the incident, or the still unanswered questions surrounding Roberts’ departure from Fort Lewis.

Military police acted according to what they knew at the time, said Piek, the Fort Lewis spokesman.

“It’s important to note that, in the final analysis, what was supposed to happen did happen: Because he was a civilian at the time of the incident, Mr. Roberts’ case was referred to the U.S. Attorney’s Office, and he was charged by the U.S. Attorney for his actions,” Piek added.

The charge was a paper move; the citation was sent to a forwarding address. No one actually looked for Roberts. He was never taken into custody. He didn’t show up for his arraignment in U.S. District Court in Tacoma.

That prompted another paper move. The court issued a warrant for Roberts’ arrest. It remains active one among hundreds of federal warrants in Western Washington.

Since 2007, Roberts has spoken to Mack a few times. He’s called via cellphone and sent messages from his MySpace Page, asking her to be his friend.

The page says he’s in Hawaii. His wireless phone number has a Maryland area code. Mack said Roberts has talked of re-enlisting in the military, but it’s unclear whether he has.

He’s told Mack he thought she was dead when he left her in the barracks apartment. She’s asked him why he attacked her. He never answers.

“Andre also has told me that Fort Lewis made him come back at some point, like before he left to go home, they made him come back and clean the room, clean all the blood and all that. He told me the room looked like a murder scene.”

The official response to her case still rankles.

“He almost killed me. He left me for dead in an abandoned room,” Mack said. “All he had to do is clean the room and then they sent him on his merry little way.

Source:  http://www.seattlepi.com/local/6420ap_wa_fort_lewis_assault.html

Declassified Docs Reveal Military Operative Spied on WA Peace Groups

Democracy Now! Broadcast Exclusive: Declassified Docs Reveal Military Operative Spied on WA Peace Groups, Activist Friends Stunned

Newly declassified documents reveal that an active member of Students for a Democratic Society and Port Militarization Resistance in Washington state was actually an informant for the US military. The man everyone knew as “John Jacob” was in fact John Towery, a member of the Force Protection Service at Fort Lewis. The military’s role in the spying raises questions about possibly illegal activity. The Posse Comitatus law bars the use of the armed forces for law enforcement inside the United States. The Fort Lewis military base denied our request for an interview. But in a statement to Democracy Now, the base’s Public Affairs office publicly acknowledged for the first time that Towery is a military operative. “This could be one of the key revelations of this era,” said Eileen Clancy, who has closely tracked government spying on activist organizations. [includes rush transcript]
Guests:

Brendan Maslauskas Dunn, Olympia-based activist with Students for a Democratic Society and Port Militarization Resistance. He submitted the Freedom of Information Act request that revealed his friend and fellow activist “John Jacob” was actually military spy John Towery.

Drew Hendricks, Olympia-based activist with Port Militarization Resistance. Also worked with John Towery, aka “John Jacob,” on activist causes before Towery’s exposure as a military spy.

Mike German, National Security Policy Counsel for the American Civil Liberties Union. He was an FBI agent specializing in domestic counterterrorism from 1988 to 2004.

Larry Hildes, Bellingham-based attorney and National Lawyers Guild member who has represented Washington state-based activists with Students for a Democratic Society and Port Militarization Resistance in criminal and civil cases.

Eileen Clancy, Founding member of I-Witness Video who has documented government surveillance of activist groups for years. Her group was targeted by police raids last summer during the Republican National Convention in St. Paul, Minnesota.

Rush Transcript
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ANJALI KAMAT: We begin with a Democracy Now! broadcast exclusive. Peace activists in Washington state have revealed an informant posing as an anarchist has spied on them while working under the US military. The activists are members of the group Students for a Democratic Society and Port Militarization Resistance, which protests military shipments bound for Iraq and Afghanistan.
Before his true identity was revealed, the informant was known as “John Jacob,” an active member of antiwar groups in the towns of Olympia and Tacoma. But using documents obtained under a Freedom of Information Act request, the activists learned that “John Jacob” is in fact John Towery, a member of the Force Protection Service at the nearby Fort Lewis military base.
The activists claim Towery has admitted to them he shared information with an intelligence network that stretches from local and state police to several federal agencies, to the US military. They also say he confirmed the existence of other government spies but wouldn’t reveal their identity.
The military’s role in the spying raises questions about possibly illegal activity. The Posse Comitatus law bars the use of the armed forces for law enforcement inside the United States.
AMY GOODMAN: The Fort Lewis military base denied our request for an interview. But in a statement to Democracy Now!, the base’s Public Affairs office publicly acknowledged for the first time that Towery is a military operative. The statement says, quote, “John Towery performs sensitive work within the installation law enforcement community, and it would not be appropriate for him to discuss his duties with the media.” Fort Lewis also says it’s launched an internal inquiry. We invited John Towery on the broadcast, but he didn’t respond to our interview request.
In a Democracy Now! broadcast exclusive, we’re now joined in Seattle by the two activists who exposed John Towery as a military informant. Brendan Maslauskas Dunn counted John Towery, or “John Jacob,” as a close friend. But he discovered Towery’s identity after obtaining government documents under a Freedom of Information Act request. Brendan is an Olympia-based activist with Students for a Democratic Society and Port Militarization Resistance. We’re also joined in Seattle by Drew Hendricks. He is an Olympia activist with Port Militarization Resistance who worked closely with John Towery, aka “John Jacob.” This is their first broadcast interview since coming forward with their story.
Brendan, let’s begin with you. Just lay out how you found out about this military spy.
BRENDAN MASLAUSKAS DUNN: Well, thanks for having us, Amy.
I actually did a public records request through the city of Olympia several months ago on behalf of the union I’m in, the Industrial Workers of the World, and the records request I did, I had asked for any documents or emails, etc., that the city had, especially in discussions or any kind of communications between the Olympia police and the military in the city generally, anything on anarchists, anarchy, anarchism, Students for a Democratic Society or the Industrial Workers of the World. I got back hundreds of documents from the city.
One of the documents was an email that was sent between personnel in the military, and the email address that was attached to this email was of John J. Towery. We didn’t know who that was, but several people did a lot of research to find out who that was, and they identified that person as being John Jacob.
AMY GOODMAN: And what was your first reaction? Who was John Jacob to you?
BRENDAN MASLAUSKAS DUNN: John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He was-he said he was an anarchist. I met him over two years ago through community organizing and antiwar organizing I was involved with in Tacoma and Olympia with other anarchists and other activists.
And he was really interested in Students for a Democratic Society. He wanted to start a chapter of Movement for a Democratic Society, which is connected to SDS. He got involved with Port Militarization Resistance, with Iraq Vets Against the War. He was-you know, knew a lot of people involved with that organization.
But he was a friend of mine. We hung out. We gave workshops together on grassroots direct democracy and anarchist struggle. I mean, he was a friend. A lot of people really, really did like him. He was a kind person. He was a generous person. So it was really just a shock for me this week when all of this was determined.
ANJALI KAMAT: And, Brendan, what did John Towery, who you used to know as “John Jacob,” say to you when you confronted him?
BRENDAN MASLAUSKAS DUNN: Well, after it was confirmed that he was in fact John Towery, I knew he wouldn’t call me, so I called him up the day after. This was this past Thursday. And I called him up; I said, “John, you know, what’s the deal? Is this true?” And he told me; he said, “Yes, it is true, but there’s a lot more to this story than what was publicized.” So he wanted to meet with me and another anarchist in person to further discuss what happened and what his role was.
So, when I met him, he admitted to several things. He admitted that, yes, he did in fact spy on us. He did in fact infiltrate us. He admitted that he did pass on information to an intelligence network, which, as you mentioned earlier, was composed of dozens of law enforcement agencies ranging from municipal to county to state to regional and several federal agencies, including Immigration Customs Enforcement, Joint Terrorism Task Force, FBI, Homeland Security, the Army in Fort Lewis.
So he admitted to other things, too. He admitted that the police had placed a camera, surveillance camera, across the street from a community center in Tacoma that anarchists ran called the Pitch Pipe Infoshop. He admitted that there were police that did put a camera up there to spy on anarchists, on activists going there.
He also-one other thing he spoke of-I don’t know if this is true. I mean, honestly, I don’t know what to believe from John, but he said that the police in Tacoma and Olympia had been planning for a while on raiding the anarchist Pitch Pipe Infoshop and also the house I lived in with several other activists in Olympia. And they had approached John several times, saying, you know, “Do they have bombs and explosives and drugs and guns and things like that?” which is just disgusting to even think that they would suggest that. They’re just trying to silence us politically. They’re going after us for our politics and for our work, you know, around Port Militarization Resistance and around antiwar organizing. And, of course, John told them, no, we didn’t have any of those stuff. He told them the truth.
But he also mentioned that there were other informants that are among us.
AMY GOODMAN: Brendan, we’re going to break. Then we’re going to come back to this discussion. I really want to talk to Drew Hendricks about John’s involvement in IT, in the technical aspects, the coordination of the LISTSERVs.
Today, a Democracy Now! exclusive, an exposé on a military spy in peace groups in Olympia, Washington. Brendan Dunn is our guest, Olympia activist with Students for a Democratic Society and Port Militarization Resistance. He discovered that his friend, fellow activist “John Jacob,” was actually a military spy. And Drew Hendricks will be joining us in a minute, talking about his involvement. John Towery, their friend, “John Jacob.” Stay with us.
[break]
AMY GOODMAN: Today, a national broadcast exclusive. A military spy in the ranks of antiwar activists in Olympia, Washington.
We have a number of guests. We’ve just been speaking with Brendan Maslauskas Dunn, Olympia activist with Students for a Democratic Society and Port Militarization Resistance. He discovered, through an FOIA request, a Freedom of Information Act request, that his friend, fellow activist “John Jacob,” was actually working with Fort Lewis base in Washington state, was a military spy in his organizations.
Drew Hendricks is with us, as well, in Seattle, also an Olympia activist with the same groups, Port Militarization Resistance. He worked with John Towery, his real name-“John Jacob” is how they knew him-before the exposé that has now coming out.
Drew, tell us how you met John and how he was involved in the organizations.
DREW HENDRICKS: I first met John in September of 2007, and he approached me as somebody who claimed to have base access, which turned out to be true. He did admit that he was a civilian employee for the Army. And what he was offering me were observations and inside knowledge of operations on Fort Lewis.

I let him know that I wasn’t willing to have any classified information from him and that I wasn’t engaged in espionage. I was looking for open source information and looking for insight into movements of military materials over the public roads, so that people other than myself could orgnize protests or organize blockades, as they might see fit, and it wasn’t appropriate for me to be involved in their plans. It was only appropriate for him let me know things that I could confirm from open ground, from public spaces. He abided by those rules, for the most part.
And he did not reveal his role to me that he was actually part of a force protection cell, that he was actually reporting to DES fusion and part of the intelligence operation of Fort Lewis. He wasn’t admitting to me that his reports were going to Washington Joint Analytical Center, which is a function of the Washington State Patrol and the Federal Bureau of Intimidation-I’m sorry, Investigation.
But he did provide what he purported to be observations of operations on Fort Lewis, and he was involved with the group for a few months before I mistakenly and stupidly, in retrospect, trusted him with co-administration of our LISTSERV, our shared means of talking to each other over electronic media.
AMY GOODMAN: And the LISTSERV involvement, how much control he had over who was involved in your groups, Drew?
DREW HENDRICKS: Well, he could tell from that access who all was subscribed to the LISTSERV. He couldn’t control who was coming into or out of meetings, but he could find out who people were, if they were subscribed to the LISTSERV. And he did challenge some people who were attempting to get to the LISTSERV for their credentials, for people who could vouch for them being people who were not law enforcement or people who were not military intelligence who were coming into that activity. He wasn’t in control of what messages people could send, but as an administrator on RiseUp, he could have unsubscribed people, and there were some people that were disruptive that he did unsubscribe, in a way that the other LISTSERV administrators, for the most part, agreed with.
He wasn’t found to be abusing his authorities as a LISTSERV administrator directly, although he probably reported that list upwards in his chain of command or his chain of employment. And that served a significant chilling role for him as a military employee. He’s a civilian employee, but he is a former military-enlisted person. And so, he understood, or should have understood, that what he was doing was legally inappropriate. I’m not a lawyer, but in my opinion and from the history I’ve read, what he was doing was rather extraordinary, from the histories that I’ve read.
ANJALI KAMAT: I want to bring three others into this discussion. Joining us from Washington, DC is Mike German. He’s the National Security Policy Counsel for the American Civil Liberties Union. He previously served as an FBI agent specializing in domestic counterterrorism from 1988 to 2004.
Also joining us here in New York is Eileen Clancy. She’s a founding member of I-Witness Video, a video collective that has documented government surveillance of activist groups for years. Her group was targeted by police raids last summer during the Republican National Convention in St. Paul, Minnesota.
And on the line with us from Bellingham, Washington is Larry Hildes, an attorney and National Lawyers Guild member who has represented Washington state-based activists with Students for a Democratic Society and Port Militarization Resistance in criminal and civil cases.
Larry, I want to go to you. Can you talk about your involvement with this and on what bases you have represented these activists?
LARRY HILDES: Absolutely. Good morning, by the way.
Yeah, I’ve been-I got involved-there was a sit-in at the gate of the Port of Olympia back in May of 2006 to protest use of the port for military shipments to Iraq and Afghanistan. And it’s been a wonderful experience. I have represented these folks through several rounds of criminal cases throughout Pierce and Thurston Counties, Tacoma and Olympia. And now we are suing, based in part on spying, in conjunction with the Seattle office of the ACLU.
And it got strange fairly early. We were in trial in March of 2007, arguing that these folks were not guilty of criminal violations for sitting at the gate, when they weren’t allowed into the port itself. The prosecutors kind of hinted that there was-that they had inside information that they shouldn’t have had. And the fourth day of the trial, as it’s clear that we have the jury, prosecutor’s office came out with a confidential jury analysis sheet that my office had done, that was circulated only on the internal attorney-client LISTSERV that was exclusively for the defense team, and announced that this was all over the internet and got a mistrial.
And we’re trying to figure out in the courtroom what’s going on here. Never seen anything like this. We know it’s not on the internet. And the person who set up the LISTSERV-so we’ve got LISTSERV stuff going on even before Mr. Towery’s involvement-person on the LISTSERV discovers that there’s two people who we never heard of, who they had not subscribed, he had not allowed onto the list. Those two turned out to be Tacoma police officers. And we’ve now found that the Tacoma police knew that this document was going to be revealed, knew it would probably be a mistrial, and was speculating-and knew exactly when it would be and was speculating what the effects would be. So, the spying started early.
It was very clear that they treated these folks-the worst thing they’ve ever done is acts of civil disobedience, peacefully, nonviolently trying to stop military blockades by standing in front of tanks and Strykers-that they were treating this like a very, very serious situation. So we knew that early. And it’s become clear that there was a lot of spying going on throughout this process. We kind of knew that this was coming.
Right now I’m defending a group of demonstrators who were arrested in Olympia in November of ’07, allegedly trying to block a troop convoy or a Stryker convoy from coming out of the port to go back to Fort Lewis to be repaired and sent back to Iraq again. And the police reports talk about-the incident commander talks about the fact that they had Army intelligence sources reporting to them detailed discussions that were going on in private meetings that Port Militarization Resistance was having, where they were discussing tactics and strategies. And based on that information, they decided that our clients from that action, who were sitting in an empty road outside of a closed gate, with no military vehicles in sight, were intending to blockade traffic and were arrested for attempted disorderly conduct, a charge we’ve never seen in our lives.
So we started trying to find out what’s going. We got the judge to agree to sign subpoenas, which were immediately refused by the head of the civil division of the US attorney’s office in Seattle, Brian Kipnis, saying they had no standing and they weren’t going to respond, and ordered the Army not to give us this information. So-
AMY GOODMAN: Tell us more about this US attorney. And also, isn’t he the attorney who prosecuted Ehren Watada-
LARRY HILDES: That’s exactly-
AMY GOODMAN: -the first officer to say no to going to war in Iraq, refusing to lead young men and women there for a war he felt was immoral?
LARRY HILDES: That’s exactly right, Amy. He handled the Ninth Circuit appeals and stood up in the courtroom and said, “OK, he’s had his appeal. Now we need to go forward. He needs to be prosecuted. We want a second court-martial,” and continued to argue that. And the day that the decision came-Ninth Circuit decision came down saying, “No, this was double jeopardy; you can’t do this,” he said, “Well, we’re going to prosecute him on the remaining claims anyway,” which, of course, has not happened.
He was also involved in a number of the Guantanamo cases and has been arguing that evidence of torture shouldn’t come out, because it would reveal confidential information about how Guantanamo was set up. So, his role has been, throughout this, to obstruct.
I sent him a letter saying, “OK, now we have this information. I ask for your help in investigating this, because this is a crime.” Under the Posse Comitatus Act of 1887, it is a crime for the US military to become involved in civilian law enforcement. And they’ve chipped away at it, but it’s still a crime. I got a letter back now telling me I have to ask the Army. I got this yesterday, saying, “You have to go through channels with the Army.” I’ve gone through channels with the Army, and the Army has told me they’re not allowed to talk to me, because he told them not to. So we’re going back and forth with this guy.
He has been in the US attorney’s office throughout much of the Bush administration. And apparently his job is to obstruct and punish those involved in protesting the war and those protesting torture. Interesting character. I had never heard of him before this. Apparently has a close relative-there aren’t that many Kipnises, but there are some-who runs a security firm that specializes in analysis of national security issues. So it’s a cozy little family network there. So-
ANJALI KAMAT: I’d like to turn to Mike German and bring him into the conversation, National Security Policy Counsel for the American Civil Liberties Union in Washington, DC. Mike German, what’s your response to all of this?
MIKE GERMAN: Well, I think his analysis is exactly right. This is a pretty clear violation of Posse Comitatus. Now, what the military would argue, and has argued, is that they have a right to engage in force protection, which obviously, in its normal understanding of that term, is a defensive sort of capability, i.e. they can put guards at the gates of military bases and protect from threats from without. But they seem to have been, since 2002, considering that as an offensive capability, where they’re actually sending operatives out to spy on community activists, which is, of course, prohibited and something that, you know, the First and the Fourth Amendment become engaged.
And, you know, this is something that we found out through a FOIA back in 2005 the military was engaged in through a group called the Counterintelligence Field Activity. And they had a database of activists called Talon that, again, collected this US person information that the military has no business collecting. And that was shut down. But unfortunately, you know, they just created a new mechanism. This appears to be the fusion centers and these fusion cells that they’re using that, they seem to think, give them a method of circumventing Posse Comitatus and the restrictions on military intelligence gathering in the United States.
AMY GOODMAN: Explain what you mean, Mike, by fusion centers.
MIKE GERMAN: About two years ago, me and a colleague at the ACLU started investigating a lot of federal money going to what were called intelligence fusion centers. And I was only two years out of federal law enforcement at that point, and I had never heard this term, so I became concerned. And what these centers are is multi-jurisdictional intelligence centers that involve state, local and federal law enforcement, as well as other government entities-you know, a lot of times there are emergency services type of entities, but actually can’t involve any government entity-but also involve oftentimes the military and private companies.
So we produced a report in November of 2007 warning of the potential dangers that these multi-jurisdictional centers had, because it was unclear whose rules applied. Were we using federal rules? Were we using state rules? Local rules? And what was military and private company-what rules govern their conduct? So we put out this report in November of 2007. At that point, there were forty-two fusion centers. By July of 2008, we had found so many instances of abuse, we put out an updated report. At that point, there were fifty-eight fusion centers. Today, the DHS recognizes at least seventy-two fusion centers. So these things are rapidly growing, without any sort of proper boundaries on what activities happen within them and without really any idea of what it is the military is doing in these fusion centers and what type of access they have to US person information.
AMY GOODMAN: I wanted to turn back for a moment to the two activists in Olympia. They’re speaking to us from Seattle today, first time they’re speaking out nationally, Brendan Dunn and Drew Hendricks. Just give us a sense, Brendan, of why you got involved in activism. People might be listening and watching right now and wondering, “I’ve never even heard of Port Militarization Resistance,” or perhaps the new Students for a Democratic Society, based on the old. What’s your background, Brendan?
BRENDAN MASLAUSKAS DUNN: Well, I guess I really started to get involved with activism and organizing-it was in high school, but it wasn’t until after high school, when my friend’s brother was shot and killed by the police in Utica, New York. His name was Walter Washington. And the community developed a response to that, and, you know, that’s what really started to get me thinking and actively organizing. That’s really when I got involved.
I moved to Olympia a little over three years ago. Since then, I’ve been involved with a lot, with Students for a Democratic Society. And, you know, the more police repression I’ve learned about or experienced and just repression, generally, that it’s moved me in a more radical direction. That’s when I started to pick up anarchist politics and organizing.
So I’ve been involved with Students for a Democratic Society and Port Militarization Resistance-just makes sense to me, because the military-this is one of the most highly militarized areas of the country, if not the world, western Washington is. And it just makes sense to me that if we want to throw a gear in the war machine, the best way to do it is in our own backyard, our own towns. And in our case, it’s in the Port of Olympia, the Port of Tacoma, the Port of Grays Harbor in Aberdeen. And that’s where direct action makes sense and community struggle makes sense.
AMY GOODMAN: And, Drew Hendricks, your involvement in Port Militarization Resistance, known for trying to stop some of the-for example, the Stryker vehicles from being sent to Iraq?
DREW HENDRICKS: Yes. My primary activity with Port Militarization Resistance is as a coordinator for intelligence collection, so that people have the time that they need to make good decisions about what it is that they’re going to do. I’ve taken one direct action myself against said activity early on in the end of May 2006. I blocked a couple of gates shut overnight and was arrested during that action and found and put in jail for a few hours. But for the most part, my role has been to collect information and disseminate it to the people who need to know, so that they can make timely decisions.
AMY GOODMAN: We’re going to break, then come back to this conversation. We are doing a national exposé today on a person who worked in the military spying on peace groups in Washington state. His name-well, they thought his name was John Jacob. His name is John Towery. We asked that he come-we wanted him to come on the broadcast, but he didn’t respond to our request. We also asked the military to join us; we read the statement earlier, yes, admitting that John Towery worked with them. We’ll continue this conversation in a minute.
[break]
AMY GOODMAN: We bring you this exclusive on peace activists in Washington state revealing an informant posing as an anarchist has spied on them while working under the US military-the activists, members of the group Students for a Democratic Society and Port Militarization Resistance, which protests military shipments bound for Iraq and Afghanistan.
Yes, this is Democracy Now!, and we urge you to go to our website at democracynow.org, where we’re video and audio podcasting, where you can see the documents that they got under Freedom of Information Act.
Anjali?
ANJALI KAMAT: The government documents also show that intelligence officers from other government and military agencies inquired Olympia police about the Washington state peace activists. In an email to an Olympia police officer from February 2008, Thomas Glapion, Chief Investigations/Intel of New Jersey’s McGuire Air Force, writes, quote, “Good Morning, first let me thank you for the effort. To the contrary you were quite the help to me. You are now part of my Intel network. I’m still looking at possible protests by the PMR SDS MDS and other left wing anti war groups so any Intel you have would be appreciated…In return if you need anything from the Armed Forces I will try to help you as well,” end-quote.
Now, we contacted the McGuire Air Base, and they also denied our interview request. They released a short statement saying only, quote, “Our force protection specialists routinely research local and national groups in response to potential risks and threats to Air Force installations and to ensure the safety of our personnel,” end-quote.
Another declassified email from February 2008 comes from Andrew Pecher of the US Capitol Police Intelligence Investigations Section in Washington, DC. The email is also addressed to an Olympia police contact. It says, quote, “I am just droppjng [sic] in to see if you had a problems with the below action that we had talked about a few weeks ago. Any information that you have would be helpful. Thank you!!” end-quote. The “action” Pecher refers to is the “Northwest DNC/RNC Resistance Conference,” an event that was held at Evergreen State College to prepare for protests at last summer’s Democratic and Republican conventions.
I want to go to Brendan Maslauskas Dunn. Brendan, how did you find this information? When you first saw this information, can you talk about your reaction?
BRENDAN MASLAUSKAS DUNN: Well, when it all surfaced through the public records requests, I wasn’t surprised. I guess I had been expecting this, especially with the level of activity that activists have been involved with in Olympia, in the last few years, especially. But, I mean, it still was a shock. I didn’t know it was that extensive. I guess that’s why it was a shock to me.
I didn’t know that the Air Force from New Jersey was interested in activities that activists in Olympia were involved with. And I didn’t know that the Capitol police in Washington, DC was trying to extract information from people in Olympia, as well.
So I always suspected that there was surveillance going on. It was obvious it was going on locally from local agencies and local police agencies. I had no idea how widespread it is. And I think this is just the tip of the iceberg. I have no clue what’s below the water.
AMY GOODMAN: Eileen Clancy, I’d like to bring you into this conversation. You have long been documenting police and federal authorities’ activities in antiwar and peace protests at the conventions in 2004 and then 2008. You, yourselves, at I-Witness were targeted. You were detained by police. The places that you were setting up video to video police actions on the streets were raided by the police in St. Paul. Your reaction to what you’re listening to and watching today?
EILEEN CLANCY: Well, I have to say, I think this is one of the most important revelations of spying on the American people that we’ve seen since the beginning of the Bush era. It’s very clear that there’s no such thing as one spy, especially not in the Army. So-and it’s very clear that this problem is national in scope, in that sort of casual manner that these folks are interacting with each other.
It’s really like in January 1970. Christopher Pyle, who was a former US Army intelligence officer, revealed in Washington Monthly that there was an extraordinary program of spying by the Army on political protest groups. And he said that-well, what was written in the New York Times was that the Army detectives would attend some of these events, but the majority of material that they gathered was from police departments, local governments and the FBI. And at that time, they had a special teletype, pre-internet, that connected the Army nationwide and where the police could load up their information on this stuff. They also published a small book that was a blacklist, which is similar now to the terrorist watch list, where the police share information about activists with maybe no criminal basis whatsoever. And at the time, in January 1970, Pyle said that there was a hope to link the teletype systems to computerized databanks in Baltimore, Maryland, which, of course, is the general area of the National Security Agency, which does most of the spying for-it’s supposed to be foreign, but apparently they do domestic spying, as well.
So this now, what we have here-and after these revelations, there was a Church Committee. There was a great deal of investigating that went on. And while a lot of it was covered up, the military was pushed back for a while on this front. But because now we have the capability of gathering an extraordinary amount of information and holding onto it and sharing it, through the internet and through other means, we really have this 1970s problem amped up on steroids, twenty-first-century-style. And this had been going on for a while.
Something terrible has been going on in the Pacific Northwest in terms of police spying. There are other documents that had been revealed-the Tacoma police, Homeland Security, meetings, minutes. And you can see that one of the essential problems with this kind of model and the fusion center model is that in the same meeting, they’re talking about a Grannies Against the War group handing out fliers at the local mall, and they’re talking about new information about what al-Qaeda is going to do. It’s a model that doesn’t make any sense whatsoever, and it’s a model that’s based really on hysteria.
When you see those pictures that were just shown on the screen, pictures of people with no weapons standing in the middle of a road with giant Army vehicles in front of them, you know, it’s clear that the protest is of a symbolic nature. There’s no violence involved on the part of the activists. It’s a traditional sit-in type of protest. The idea that the Army, the Navy and the Marines would become hysterical at this threat, I mean, it is the Army, it’s the Navy, it’s the Marines. And when-that’s the reason the Army shouldn’t be involved in this, because the job of an army-and they’ll tell you this-is to kill people and break things. The motto of the Stryker Brigade Combat Team that’s housed at Fort Lewis, that this force protection cell was trying to protect, their motto is “strike and destroy.” They’re really built for one thing, and it’s certainly not policing. It’s certainly not dealing with community activist groups, Grannies Against the War, or local activists in Olympia.
AMY GOODMAN: I want to ask about Rush Holt, the New Jersey congressman-we’re talking about McGuire Air Base, actually, in New Jersey-who has just in the last weeks been calling for a Church-like, Pike-like investigation of the intelligence community, starts by talking about the CIA. He’s raised this with the Washington Independent, with the Newark Star-Ledger, even raised it on Lou Dobbs a few days ago. And the significance of something at this level of the Church Committee hearings that investigated spying-Sy Hersh exposed it decades ago in a major article in the New York Times. Mike German, at this point, the significance of something like this? And do you think we would see this under President Obama?
MIKE GERMAN: I would hope so. You know, when we first came out with our report on fusion centers and warned about the military presence, you know, people told us that that wasn’t something we needed to be concerned about. And, you know, so this is a very important revelation, that there is actual evidence of abuse, that hopefully will open the eyes of the people who are responsible for overseeing these types of activities. And I believe something like a select investigative committee to investigate such activities is certainly called for. And, in fact, Representative Barbara Lee had introduced back in April a bill that would allow a select committee to investigate national security policy and practices. So, we’re hoping that this will bring support to that effort.
AMY GOODMAN: I also wanted to ask Brendan Dunn about the evidence of other spies in your organization. In fact, didn’t John-“John Jacob,” now known as John Towery, who worked at Fort Lewis-didn’t he tell you about others that he actually wanted out of the organization sometimes and called the military to get them out?
BRENDAN MASLAUSKAS DUNN: Yeah, that’s true. I mean, that’s his story, at least. He admitted that there were a few other informants that were sent.
He had a weird story, which, you know, we know isn’t true, based on the public records and the documents that we have in our hands, that he was, you know, forced into this position to spy on us, that he didn’t do it for pay, that he only reported to the Tacoma police and wasn’t connected to the military whatsoever. I mean, it’s a good cover story to, you know, let the military free and blame it on a bunch of Keystone cops in Tacoma, but there was actually another email I got through the records request that was sent between a couple Olympia police officers, and they had mentioned something about their Army guy that was working for them and something else about someone in the Coast Guard that was also perhaps, still perhaps, currently acting as an informant.
AMY GOODMAN: We also, in doing research on John Towery, have information, addresses that he had at both Fort Drum, Upstate New York, and also in Brussels, which we associate with NATO. Is there any understanding or knowledge you have of this, either Brendan or Drew? Did he talk about this in his past?
BRENDAN MASLAUSKAS DUNN: This is actually the first I’ve heard of it. I’m actually surprised, because I used to live near Fort Drum. I used to go to school near Fort Drum before I moved out to Olympia. So this is news to me. I’ve never heard anything.
AMY GOODMAN: Right now, in figuring out how you go forward, I wanted to bring Larry Hildes back into this conversation. Information about one activist actually having a locator put in his car to figure out where he was going from one protest to another, can you tell us about Phil Chin, Larry?
LARRY HILDES: Yes, I can. And we’re actually suing about this in conjunction with the Seattle ACLU now. Mr. Chin was on his way to a demonstration at the Port of Aberdeen. It was going to be a peaceful march, not even any civil disobedience. His license plate was called in, and Washington state patrol sent an attempt-to-locate code-we didn’t know what an attempt-to-locate code was until this-saying, “There are three known anarchists in this car, in this green Ford Taurus. Apprehend them, and then let the Aberdeen police know.”
So he gets pulled over for supposedly going five miles an hour under the speed limit in heavy traffic and charged with DUI, despite the fact he hasn’t had anything to drink, hasn’t done any drugs, total-every single test comes up absolutely negative, except for the fact that he had trouble standing on one foot because he had an inner ear infection. The lab tests come up negative. And they still go forward with this, until we move to dismiss and ask what this attempt-to-locate code is. And we find out that it’s-we’ve got the tape, the dispatch tapes of them calling in this car with the three known anarchists-by the way, none of whom was Phil. But on the dashboard of the car that takes him away is a picture of Phil’s other car.
ANJALI KAMAT: Eileen Clancy, we just have a minute left. What does this, all of this information that’s come out, what does this do for activists? Does it create a climate of fear? What you, who have been spied on, who have had so much experience with this-what are your final words?
EILEEN CLANCY: I think people should try not to be afraid. They should consider what these fine activists have done here, which is done an extraordinary public service by putting this information out. This could be one of the key revelations of this era, if this is followed up on. It’s very important that people be aggressive about this. And thank goodness they did it.
AMY GOODMAN: We want to thank you all for being with us, Eileen Clancy of I-Witness Video; Mike German of the American Civil Liberties Union; Larry Hildes, National Lawyers Guild, based in Bellingham; and the two activists who have exposed this story through their Freedom of Information Act request, Brendan Maslauskas Dunn, Olympia-based activist, and Drew Hendricks, as well. Thank you both very much for being with us.

Source: http://www.democracynow.org/2009/7/28/broadcast_exclusive_declassified_docs_reveal_military

Stryker soldier charged with pimping two teen girls

http://www.thenewstribune.com/331/story/713069.html

Tacoma, WA – Saturday, April 18, 2009

Fort Lewis soldier charged with pimping

Prosecutors say Stryker infantryman used two teen girls as prostitutes

STACEY MULICK; stacey.mulick@thenewstribune.com
Last updated: April 18th, 2009 03:38 AM (PDT)

Pierce County prosecutors have charged a Fort Lewis soldier with promoting prostitution, alleging he directed two teenage girls to trade sex for money.

Sgt. Sterling Terrance Hospedales, a 25-year-old infantryman, also could face federal charges in connection with the continuing investigation, said Robbie Burroughs, a spokeswoman for the Seattle FBI office.

Hospedales was arraigned Thursday on two counts of first-degree promoting prostitution and was being held in the Pierce County Jail in lieu of $50,000 bail. The Florida native is assigned to the 4th Stryker Brigade Combat Team and has been stationed at Fort Lewis since March 2005.

The case began with an investigation by the Pacific Northwest’s Innocence Lost Task Force, part of a federal initiative launched in June 2003. The local task force, with branches in Tacoma, Everett and Seattle, was established last summer.

A task force investigator came across information about a missing girl who might be in the Lakewood area. She was listed on the National Center for Missing & Exploited Children’s Web site, Burroughs said.

The tip was investigated, then passed along to the Tacoma branch of the task force and to two Lakewood police officers on the unit.

“They took this information and ran with it,” Burroughs said.

Officers with the task force found the missing girl, 16, and a second missing girl, 17, advertising prostitution services on Craigslist, the online classifieds site, charging documents state.

Officers made a date with the 17-year-old girl and met her at a local fast-food restaurant. She was with the 16-year-old girl, whom Hospedales had flown to Seattle from Wyoming, the court documents state.

The girls were detained and interviewed, the court documents state. They indicated Hospedales was their pimp and had taken and posted nude photos of them on the Internet, according to the documents.

“The females reported that Hospedales takes any money that they earn and it is put in a safe or in a drawer in his bedroom,” the documents state.

The girls said they lived with Hospedales and had their “dates” on an air mattress in the living room. Officers served a search warrant on the apartment and found an air mattress, handcuffs and other items the girls had described.

Officers said they found several threatening messages from Hospedales on the girls’ cell phones, the court documents state.

Hospedales was arrested as he left his apartment and booked into jail early Wednesday. He had an envelope containing $882 and the 16-year-old’s birth certificate with him at the time, according to the court documents.

“Hospedales told police that he thought the girls ran off with another pimp, so he took the money out of his safe so they couldn’t steal it from him,” the charging documents state.
The documents provide no details about when the girls were interviewed and where Hospedales’ apartment is.

Fort Lewis officials are aware of the charges against Hospedales, spokeswoman Catherine Caruso said Friday. The Army typically waits until the criminal case in civilian court is completed before taking action against a soldier, she said.

Stacey Mulick: 253-597-8268
blogs.thenewstribune.com/crime
Originally published: April 18th, 2009 12:17 AM (PDT)

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