Showing posts with label FBI. Show all posts
Showing posts with label FBI. Show all posts

Raided by the FBI: What to Do


Raided by the FBI: What to Do
by Sue Basko, esq. 

This is a guide for activists who have been or might soon be raided by the FBI.  This applies to online and IRL (in real life) activists.  After a recent raid of a client, I spoke with a lawyer for the FBI.  She was perturbed that I used the word "raid," rather than her preferred term, "execution of a lawful search warrant."  The legality of such searches is always in question.  And, when a person's home is stormed by FBI agents with guns, it is popularly referred to as a raid.

This guide does not apply to you if the FBI is raiding you mainly for stashes of guns, bomb-making supplies, chemical agents or other weapons, illegal porn or obscenity, drugs, or because you have bodies hidden in your crawl space.  Okay?  You're not an activist.

This guide also does not apply if the FBI raid is on a business.  For helpful hints on how to prepare and deal with a business raid, see this GUIDE by the law firm of Kirkland and Ellis.  Some of the ideas in that guide, such as videoing the search,  sound difficult to pull off.  However, the guide is likely to be helpful overall and it is well worth reading now and implementing the advance preparations.

WHY THE FBI RAIDS ACTIVISTS:  The FBI ostensibly raids the homes of activists because they believe that by searching the homes, they will find evidence of a crime. In fact, it appears that the FBI conducts raids on the homes of activists to rein them in, warn them, threaten them with what could happen, to cause them trouble in their lives.  Raiding the home of an activist has a chilling effect against that activist, their group,  and may scare off other participants from exercising their First Amendment rights.

The legally stated purpose is that an FBI agent believes evidence of a crime will be found in the house.   That crime does not have to be one committed by you for your home to become subject to a search warrant.  The alleged crime may be one committed or planned by others in your group. That's why it's real important to watch out who you let into your activist circles and to exclude those advocating violence, etc.

Today's buzzwords that help back up "probable cause" to raid an activist include: anarchist, black bloc, Anonymous, hacker.  Back in the 1950s, it was Communists. In the 1960s and early 1970s, it was anti-war, SDS, Yippie.  In the later 1970s and 1980s, the focus was on cults and communes. In the 1990s, the fear was of protesters against animal and ecological abuse.  The 2000s brought fear of alleged terrorists.  Now, it's Black Bloc with their bandannas and Anonymous with their Guy Fawkes masks.

Be careful not to portray yourself or allow others to portray you in ways that do not reflect reality.  For example, an online news site wrote of one of my clients, "Another Anonymous Hacker Raided by FBI." I pointed out that he was not a "hacker." Then, they called him an "Anonymous Leader."  Again, I pointed out -- he was not a leader, and Anonymous has no leaders.  Another irresponsible website called one of my clients "a mind control occultist."  He had nothing to do with mind control or the occult.  And on and on.  If the website or writer is not malicious, they will make the correction and remove the offending material.

SIGNS YOU'LL BE RAIDED:

1) Harassment. Before the home of an activist is raided, the FBI will almost always make contact with that person.  This is in the FBI protocol handbook.   This may happen in the form of a contractor.  Usually, there will be someone in person or online who is harassing, following, being too nosy.  Or there may be several people.  If you are an online activist or have an online presence, there are likely to be so-called "trolls" or abusers bothering you.  Some activists, before and after being raided, have been  harassed, impersonated, lied about, etc., by strangers or acquaintances online.  Many of these harassers may be sock puppet personas.  The activist may "know" the persona, but not know in actuality who is behind it.  The correlation between being abused online and being raided is very strong, and it can be most helpful to take action to block the abusers.

2) Visit from an agent.  An FBI agent or two may come to your door to talk to you.  This may happen months before you are raided.  If they show up at your door, you are on their radar.  Anything you tell them can and will be used against you.  It is illegal to lie to an FBI agent, so you are much better off declining to speak than rattling off a mistruth.  "I don't know," is a lie if you do know.  If there is a situation where your telling what you know is likely to save lives or keep people safe, then there is good reason for you to share what you know.  Otherwise, the usual legal advice is to say you cannot talk, but ask for a business card.  Then you can speak with a lawyer and decide what to do.

3)  Someone casing your place.  Before the FBI gets a warrant for a raid, they send an agent to the building to get very exact directions and descriptions on how your place can be found.  They take photos of the building exterior, and hallways and doorways. If you are in an apartment, they may get a floor layout from the management.  These items end out attached as part of the search warrant.  Several people who have been raided  noticed this reconnaissance mission about 1 - 2 weeks before they were raided.  There was someone who did not belong. The person will go all the way to door and past it, to see what is beyond.  Several  people who have been raided have told me they saw such a person at their home or apartment building, and thought it odd.  It can be a warning sign that the warrant is being prepared and a raid is imminent.

4) On the day of the raid: WHEN:  Most federal search warrants are required to be executed between 6 a.m. and 10 p.m.  Most raids take place bright and early.  A search warrant can be executed while no one is home, and the door will be broken into.  On homes, that is rare, though I have heard of it happening on offices of activist groups.  If the FBI claims that you present a special risk, they can ask the Judge to allow the raid to take place at any time.  That's when they do a raid at night using night vision goggles, etc.  This is more likely if there is strong reason to think there are weapons likely to be used by those inside.

Local police are also more likely to conduct a raid at night, use flashbangs, hold those inside handcuffed and at gunpoint, etc.  Local police units conducting such raids tend to be sloppy, illegal, and highly dangerous.  The FBI will usually follow the FBI rules, which require the raid to be conducted between 6 a.m. and 10 p.m., and using force only if needed.

Several people have told me that the first sign they knew they were being raided was they heard unusual sounds.  These may be the sounds of many vehicles arriving, agents surrounding the residence, a walky-talky radio, voices heard outside windows that are in private locations, the sound of things being moved outside, such as patio furniture being moved, nearby dogs barking, etc.

Where force is used, the people may hear flashbangs, which are percussive fireworks, loud bangs that sound like very loud gunshots or a small explosion.  I guess the flashbangs are supposed to wake up the occupants and let them know they are being raided.  After flashbangs are used, the raiders then shout out "FBI!" or "Police!"  This generally scares the shit out of the people inside, and sets the tone for a very aggressive, unpleasant experience for all.  It is illegal for the FBI to use force unless a Judge has given permission in a warrant or if circumstances truly require it, which they rarely do.

5) On the day of the raid: HOW: Often, an agent will go to the front door of a residence.  When the person answers, the agent will announce he or she has a warrant.  They are supposed to show the warrant and give a copy.  Then the raid team will enter the residence.

6) On the day of the raid: WHO: In most raids that I know of lately, there have been 12 or more agents entering the home, and guns have been drawn.  The people participating in the raid may be a combination of FBI, NSA, local police, US Marshals, Secret Service, DHS, etc., depending on the location and situation.

7) THE WARRANT: Affidavit.  To get a search warrant, an FBI agent must write up an affidavit, which is a document that has numbered statements of alleged fact on it, and it is signed.  The affidavit must tell WHAT crime the agent believes has been committed and WHY he thinks there is evidence to be found at your house, and WHAT evidence he thinks is at your house.   The FBI agent then brings the affidavit to a magistrate judge, who decides whether or not to issue a search warrant.  I am told that if a magistrate judge wishes to keep his job, he approves all search warrant applications brought to him by the FBI.

In theory, the person named in the search warrant may be able to get a copy of the affidavit. This can be useful as evidence to challenge whether there was probable cause to conduct the search. In reality, most federal cases against activists are kept sealed and the documents are not revealed.  Many such searches do not turn into indictments and are never unsealed.  Thus, it usually remains a mystery what probable cause, if any, was used to get a search warrant on the home of an activist.

A search warrant is usually against a specific location.  That might be a house, an apartment, an office,  a storage locker, etc. I have also seen search warrants against a specific computer server or against a server cabinet.  The search warrant will specify if it is looking for items belonging to or under control of a certain named person.

WHY IT IS SO IMPORTANT TO AVOID "TROLLS" ONLINE: Many of the "trolls" online are actually people working as contractors/ informants.  It is very likely their (mis)information is used as a basis for probable cause to get a search warrant. "Trolls" are known to lie, fabricate entire events, circumstances, and connections, impersonate, fabricate responses, set people up to respond or participate in their own self-defense, create false documents, send false emails, and on and on.

This is why it is so important for activists to shun "trolls" or those with "trollish" behavior.  It should be assumed that any person engaging in such behavior has a paycheck coming for it.  If not, then they would stop such behavior upon having it pointed out to them that it is socially unacceptable.

From what I have seen in recent case after case is that online "trolls" harass and stalk the activist target before and after a raid.  In the case of Barrett Brown, "trolls" were even present in the chat room while he was raided and arrested.  The correlation between an activist being harassed by "trolls" and being raided seems very high, and it seems the higher the intensity of troll activity aimed at a person, the higher the likelihood they are to be raided.

8) THE WARRANT: What's in it.  The search warrant lists what places may be searched and what may be taken.  You should ask upfront for a copy of the warrant and read it before allowing the agents into your home.  Of course, it is hard to have the presence of mind to do such a thing when you are confronted by people with guns.  If you can do so, calmly take your time and read the warrant.  This could easily take 20 minutes or more, as there are likely to be 4 - 8 pages.  It is a good idea to read it.

NEVER GIVE PERMISSION for any area to be searched if it is not listed on the warrant and never give permission for anything to be taken if it is not listed. NEVER sign anything agreeing to any such actions.  For example, a warrant may be for items under the control of the person named in the warrant. If the residence is shared, permission should never be granted to search the rooms or seize items not under control of the person named in the warrant.  This is especially crucial in roommate or shared housing situations or in family situations where there are older or adult children.  ALSO, as to planning, if you are in a shared housing situation, it is a good idea to have a house rule that no one is allowed to keep their personal items in shared common spaces.

It can also be extremely dangerous to share a computer with anyone.  And if you have wifi, have each person have their own password.  Never leave wifi unprotected without a password.  It is a good idea to password protect a computer if you are leaving it alone. I had a client years ago, a university student,  whose landlord was entering the apartment while the student was at school. The landlord would use the student's computer to download obscene materials.  Try to be sure no one else has access to your computer(s), because you can be blamed for everything that takes place on your computer.

10) WHAT IS LIKELY TO BE TAKEN IN A RAID: When searching the home of an activist, the items that are most likely to be taken are:
  • Computers of any kind or size, hard drives, disks, data sticks, and any other data storage device. 
  • Cell phones.
  • Notebooks and papers.
  • Photographs. 
  • Masks, banners, pamphlets, fliers, bandannas.   
 Other Items:  If any other items are in the residence and are illegal but were not listed on the warrant, a second warrant may be issued.  For example, if there are illegal weapons of any kind or illegal drugs, even a pot plant,  the agents may hang around for a long time while one goes and gets a second warrant to take those items.

11) SEARCH: What they do: Many agents with guns will enter your home.  They may handcuff you or the other occupants.  They may force you to stay in a certain location.  They may say you are free to go, but most likely, you want to be there to have some idea of what they are doing to your stuff.  There will be one or more agents who will work on your computer, possibly downloading things or checking things.  They will later pack up your computers and take them.  The other agents will tear your house apart, moving furniture and dismantling things.  They will load things into bags and carry them out.  They will leave your home in an absolute, ransacked mess.  They will give you a receipt for the items they took.   You may lose your data, your records, precious photos, etc.  They will take your computers, phones, papers, etc.  

12) TRUST.  It bears mentioning that once your home is searched, you will never again trust the government or law enforcement.  If you are an activist, the same applies to your relatives, neighbors, friends, your circle of activists, and others who hear of the situation.  I estimate that for every FBI raid on the home of an activist, trust is decreased in probably over a million people,  in varying amounts, and for a time period probably extending 50 years.  The ripple effect seems to be very wide and very long-lasting.  These kind of raids harm the fabric of society and erode any confidence in the integrity of law enforcement.  It is very easy to view law enforcement officers as thugs when they show up at the homes of citizens and take the computers they use for their work, the phones they use to talk with family and friends, years of personal photos, and personal journals.  At this time, such raids have become widespread.  We are in a dire time in U.S. history.  Please pay attention.


13) SEARCH WARRANT VS ARREST WARRANT: A search warrant gives the FBI the right to search the place and seize the items listed in the warrant.  An arrest warrant gives them the right to seize and take a person.   Once an activist has had a search warrant against their home, they are usually afraid that an arrest warrant will follow.  By the apparent numbers, this rarely happens.  Most of the searches appear to be "fishing expeditions" or based on false or trumped up "probable cause."  (Hence, see the notes herein warning about "trolls.")

After a raid, it may be in your best interest to get off social media, or if you stay on, at least remove contact by trolls or problematic people.  It may also be in your best interest to let your lawyer handle certain contacts, such as with media, people with questions or concerns that seem nosy or inappropriate, etc.



WHAT TO DO and DON'T DO DURING A RAID:  
  1. DON'T answer questions and don't offer information. 
  2. DON'T interfere.  
  3. DO Make it known if you have medical conditions that need to be tended to. 
  4. DO get a copy of the warrant and read it before you let them in. 
  5. DO get a copy of the receipt. 
  6. DO try to call a lawyer.  
  7. DO take videos or photos of the agents, etc.  You are legally allowed to film law enforcement officers while they are working, so if you can, then do so.  It is likely to cause a ruckus, so be aware if you are going to try it. 
The Right to Remain Silent only works for those who keep their mouth shut.  If you start blabbing, trying to explain, offering information, trying to assure the officers that you have done nothing, answering questions, etc., you are giving up your right to remain silent and everything you say can and will be used against you.  Can and will be.

WHAT TO DO AFTER A RAID:  
  1. Get a lawyer.  This is crucial.  You don't necessarily need a criminal defense lawyer since you have not been charged with anything. But you need a lawyer to protect you and look out for your good.  Ask around for lawyers from different organizations.  Put the word out that you need a lawyer.  Most often, there will be a lawyer willing to help you.  Once you get a lawyer, let them handle things for you, such as any contact with the FBI.  Also, let your lawyer screen or front media contacts for you.  Let them decide if they want you to talk with any given media person and on what terms.  
  2. Try to get your stuff back.  Have a lawyer work on this.  There is a motion that can be filed to try to get your things returned.   The requirements of this motion are nearly impossible to meet, so much so that it is unlikely anyone has ever gotten their items returned by using the federal motion.  In addition, since most activist cases remain sealed, there is no way to really file a motion since the paperwork cannot be viewed.  Also, if the items can be replaced by purchasing new ones, it is assumed in law that you can simply go buy new ones -- even if you have no money.  Also, after a certain amount of time when charges are not filed, sometimes the FBI will just return your items.  Have a lawyer ask for you.  Don't do this yourself. 
  3. Get medical help.  If your home has been raided, you likely have medical injuries as a result.  This can come from being held in one place for too long, not having medications, from the stress and shock, from handcuffs, etc. 
  4. Get psychological help.  You have been in a terrifying situation and it is best to have professional help to deal with it. You will likely experience nightmares, panic, fear, etc.   You may face loss of a job, an apartment, and even loss of some friends.
  5. Decide if you want to go public.  This is something you should carefully consider.  Most activist cases are kept sealed during the warrant phase.  If you don't publicize it yourself, it may not become public news.  People have been fired from jobs or lost their apartments because of being raided by the FBI or police.  In most situations, this is legal.  On the other hand, the only way to gather support is by letting others know what happened and what kinds of help you need.   A downside is that going public tends to draw more "trolls" who are likely to criticize, lie, spread misinformation, harass your friends and supporters, stalk your lawyer, and try to thwart your efforts to gather funds or support. 
  6. Avoid Online "Trolls" or in-person Stalker types.  These people may be merely annoying busybodies, but they may also be contractors or informants or agents trying to gather information or trying to trick you into saying something or doing something that will give cause for you to be arrested, and will impede your efforts to get legal help, funding, or support.  You may be best to get off social media for a while, or to limit your contacts and remove those who are trolls.
ADDITIONAL SEARCHING THAT MAY HAPPEN:   When your place has been raided by the FBI, you are under investigation, and it is not likely to stop with the search of your home.  In addition, the FBI may also have a secret warrant to place a video surveillance camera in your place, and may be doing that during the raid, if it is taking them a long time.  They may also get warrants or subpoenas against your email, social media, and other online accounts.  They may also do a "mail cover," which is when they ask the postmaster for data of all the mail that has gone to and from your address.  The outside of all mail is photographed and when a mail cover is requested for a certain span of dates, that information is turned over to the FBI.  They may also subpoena your ISP (internet service provider)  or phone records.  If they wish to listen in on your phone calls, they may place a fake "stingray" cell tower that attracts your phone signal,  so they can listen in.   If you drive a car, they might get a subpoena to put a gps tracker on your car.  

As one of my clients says, in the face of all usurpations of your constitutional rights, "Just keep swimming."  Just keep engaging in legal, constitutionally-protected First Amendment activities.  


Conspiracy: What is it?

Conspiracy- What is it?
by Sue Basko

Conspiracy is when two or more people plan to commit a crime and at least one of them takes some step toward the furtherance of that crime.  If the plan is to overthrow the government, there does not need to be any step taken, just the plan is enough for conspiracy to exist.   CLICK HERE to read what it means to “advocate the overthrow of government.”  

There are federal conspiracy laws and most states have state conspiracy laws. 

Conspiracy charges can turn a small incident into a major crime.  Sometimes police recklessly use conspiracy charges to harass protesters.  For example, Occupy San  Diego protesters planned to heckle a speech by the mayor, and then they did interrupt the speech.  They were charged with a misdemeanor of disturbing a public assembly and also with felony conspiracy charges.  Apparently these charges were later dropped, but such high charges lead to high bail demands, often spending many days in jail until the bail is lowered,  expenses, and fear. 

Federal conspiracy charges are often lodged against people allegedly planning domestic terrorism.  There has been a whole string of these cases lately and they go something like this:  the FBI sends in a person who befriends the subjects.  The FBI agent becomes whatever the subjects need – a sexy female neighbor, a friend to go out with to a pancake house, a confidant.  The agent lays the groundwork so the subjects open up and talk about their interest in breaking some law – for example, their interest in battling the police, or their desire to put bombs someplace.  The agent also helps them take some step in furtherance of that goal.  Bam!  – they are arrested and charged with felony conspiracy to commit domestic terrorism.

For conspiracy to exist, the plan does not have to be completed, and never is, if there is an agent involved.  The subjects are arrested so the act cannot be completed. 

For conspiracy to exist, the plan does not even have to be possible for the subject to complete.  

If a person joins a conspiracy after certain statements are made, they can be held accountable for those statements.  If you join up with a group of two or more planning to commit a crime, you may be inheriting their prior statements.

You can leave a conspiracy before any act is committed, but the withdrawal must be clearly stated.  This is interesting because I think in most instances where a person has become involved in a criminal plan and wants to get out, they will not announce this to the other members, but will merely shy away.  Perhaps it would be wise for such a person to make a clear statement to someone else.  If there is actually a serious plan to harm any person or property, it may be wise either to report this to the police, or wiser still, to tell a lawyer and ask them to help you officially withdraw from the conspiracy.

CLICK HERE to see a concise write-up on federal Conspiracy law.

FEDERAL CONSPIRACY STATUTE:

18 U.S.C. § 371 : US Code - Section 371: Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

   ..

FBI Infiltrators in Protest Groups

FBI Infiltrators in Protest Groups

The FBI infiltrates protest groups.  They are authorized by the Attorney General to do so to prevent  “federal crimes, threats to the national security,"  and to aid in gathering "foreign intelligence,” three categories that “are not distinct, but rather overlap extensively,” according to the linked report, FBI Domestic Undercover Guidelines.  THE ATTORNEY GENERAL'S GUIDELINES FOR DOMESTIC FBI OPERATIONS     In doing so, the FBI is supposed to violate Constitutional protections as little as possible – but given the actual guidelines, it can be noted, nothing is safe from intrusion.   “These Guidelines do not authorize investigating or collecting or maintaining information on United States persons solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States,” the report states.  Note it says solely.   
  
Theoretically, at least, the FBI is concerned about – or should be concerned about – people or groups who have destructive plans.  Such destructive plans may include such things as planning to bomb, shoot, or poison people.  Gathering materials, supplies, or weapons to do such things is of definite concern.  Other individuals or groups may be recruiting people to be terrorists or pirates, either in the U.S., or with plans of sending them overseas. 

If you read the news on the internet a lot, as I do, you may have noticed that most “groups” engaging in such acts are not really structured organizations, but rather, loosely-affiliated people who somehow come up with a plan to blow something up.  Often, these are small groups of friends, such as the three men who were involved in 1995 in blowing up the federal building in Oklahoma City, killing hundreds, including many small children.  It seems logical that a large protest group with meetings open to the public is not a format where violent acts can be secretly planned.  Nevertheless, such groups almost always are infiltrated by the FBI.  Perhaps the agents are attracted by the potluck dinners.  

When a protest group is peaceful, it feels very offensive to be spied upon.  Groups often do not find out till years or decades later that they were spied upon, and looking back, wonder what about their group could possibly have been of interest to a sophisticated law enforcement agency.

Spying on protest groups and on individuals includes “Undisclosed Participation in Organizations.”  That means, the FBI sends agents as infiltrators to join your group.  These people are often in trusted leadership positions within a group.  I’ll explain in this article how to spot such people.

The FBI also assists local police with “special events management, in relation to public events or other activities whose character may make them attractive targets for terrorist attack.”  When big events include protests, that means the FBI is likely to monitor the protest activities.

The FBI also recruits human sources: “The identification and recruitment of human sources -who may be able to provide or obtain information relating to criminal activities, information relating to terrorism, espionage, or other threats to the national security, or information relating to matters of foreign intelligence interest -is also critical to the effectiveness of the FBI's law enforcement, national security, and intelligence programs, and activities undertaken for this purpose are authorized and encouraged.” 

Human sources are people within groups who are used, either to their knowledge or not, to provide information.  When past FBI activity of spying on protest groups has been uncovered, it has often been found that there have been many such part-time adjunct paid moles within a group.  These are people willing to trade a paycheck for information.  The bad part is that money gives these people incentive to fabricate or embellish.  The FBI usually denies having anything to do with such people.  When records are opened decades later, people look back and say, “Ah-ha, I thought he might be spying on us.”  Often those doing this type of befriend-and-tell are people with alcohol, drug, legal, or mental problems.  These people like the paycheck and the feeling of being special.  Or sometimes, perhaps, their weaknesses are used against them to get them to spill the beans.  Sometimes, the moles are “pillar of the community” types who get convinced they are doing right to spy on their neighbors.

The FBI infiltrator will identify “potential human sources, assess the suitability, credibility, or value of individuals as human sources, validate human sources, or maintain the cover or credibility of human sources, who may be able to provide or obtain information relating to criminal activities in violation of federal law, threats to the national security, or matters of foreign intelligence interest.”  In other words, the FBI helps such people maintain their cover. 

Interpersonal spying is easy in this era of the internet and self-employment.   One mole might have many identities on the internet, using numerous facebooks with different profile photos, different names on emails, etc.  One person can easily adopt multiple personas – men, women, all different races and types.  A typical ruse is to have a very pretty, sexy female profile photo.  Most men will confirm such a friend request.  Once “she” is friends with one person in a group, others will also easily confirm her friend requests.  A few months back, I saw an urgent message from a protest organizer warning others that “All the pretty girls are fake profiles!”  It was true.          

The FBI also spies on protesters using information available on the internet. “The methods authorized in assessments are generally those of relatively low intrusiveness, such as obtaining publicly available information, checking government records, and requesting information from members of the public.”   Today, people organize protests out in the open on the internet.   When there are comment boards, such as on Facebook, there are often people proposing violence – and these are just as likely to be law enforcement infiltrators as they are to be real agents provocateurs or trolls trying to get a rise out of people.  

The FBI also spies on peoples’ emails, phones and internet usage, getting  “grand jury subpoenas for telephone or electronic mail subscriber information.”  To go to a grand jury, there better be probable cause to show a person may be engaged in crime.  

How to Spot Infiltrators.  It is fun to play Spot the Spy.  The FBI uses two types of spies – agents who infiltrate, and human sources, who are non-FBI agents paid or unpaid to report information to the agents.  FBI agents acting as infiltrators are intelligent people with college degrees.  They are personable and speak well.  They are organized.  They are physically fit and can run.  They can shoot a gun.  Such people are good actors, and they can play people from all socioeconomic backgrounds. They are often multi-lingual, though you may not know this unless they slip up.  They are often capable of playing different ethnicities.  For example, a man may actually be Puerto Rican, but he can play being from any Hispanic country.  If he can speak Arabic, he can also play being from any Arab country or from within any Arab-American group.  A woman can do the same.  Multilingual Hispanic, American citizens who can speak Arabic are highly coveted for undercover work.    A Black person skilled in accents and languages can play roles of being from a northern city, from a southern university, or can put on an accent and be from Jamaica, or from France, or from an island.  A 40-ish white person can blend in as a good old boy with the right wing type groups, and then fairly easily slip into mainstream mixed protest groups, and also mix in with Polish or Russian immigrant groups.   Asians have a harder time swapping nationalities, but gain trust within Asian groups or as friendly nerds in mixed social groups. 

Infiltrators are rarely the center of attention.  They wear simple styles of solid-colored clothing that is indistinguishable.  Older agents might have a distinct hat that changes for each group or city.   They are not the silent observers, nor are they the active agitators.  Often, they make broad statements that are supposed to mark them as knowledgeable and unquestionably committed to “the cause.”  There will be no substance to the statement, just a broad, nonspecific statement of support.  They are not there to argue or to push an agenda, they are there to spy and find out your agenda.  

The internet is such a game-changer.   I have watched Occupy streams from different cities, and have seen the same three infiltrators pop up from city to city.  They talk about “revolution” and “building the movement.”  They must be checking in with their moles, then flying to the next city to stand at a GA and talk about building a movement.  Back in the pre-internet days, it was easier to get away with conducting a spy operation this way.  Also, now with cell phones, it is easy for them to have a local phone number wherever they go.  They like whatever food you like.  They want to hear whatever music you want to hear.  The won’t get drunk with you, but they will gladly be present while you get drunk.  Then they will listen to (and record) your careless statements and treat them as well-thought intentions.

The internet can also be used to boost infiltrators’ credibility.  They can have imaginary friends and supporters on comment boards.  They can easily create an online persona (or two or three or twenty).  Creating a simple website gives them a job and a history and makes them “real.”   This is especially true if they use a name that is shared by hundreds of other people  across the U.S., or a name that can easily have multiple ways of spelling it.   

Infiltrators can show up at meetings, at an outdoor event, in a jail cell.  There may be chance encounters where, if you look back later, you may realize an encounter was not chance at all, but had been carefully prearranged and timed.  The person will "just  happen to be” at the mall when you are.  They "just happen" to get arrested and locked into your cell with you for a few hours, or for a few days, though it is likely guards will show up to take them in and out of the cell on “official jail business” of some sort so they don’t have to sit with you the whole time.   They show up at the community festival, where you won’t notice who they are with, if anyone. 

Infiltrators are chameleons; they will become whatever you need.  They are not there to push their own agenda, they are there to find out what yours is.  If you are being “set up” by an agent infiltrator, they will make your slightest suggestion of an agenda become a reality.  If you joke that you would like to blow up a bridge, they will help you order bomb-making materials from their “friend,” and will drive you to scope out the bridge.  Whatever it takes to elicit your plan and make it approach reality, they will be there for you.   They won’t try to dissuade you.  They won’t encourage you, either, they will simply help facilitate whatever you have even slightly verbally uttered.  They are recording you secretly.


Spying on peaceful protest groups, where there is no danger, must be the training ground.  Working with real terrorist recruiters or drug cartels is actually dangerous.   Then, if a spy is supposed to be Arab and suddenly gets a hankering for a burrito or accidentally sings along in Spanish with the car radio, there can be real trouble.   Infiltrators who spy among peaceful protest groups are usually good enough to fool most of the people most of the time.   A lot of people don't really care, since nothing secret is going on.  Others protesters feel very offended and hurt when they find out their "good friend" was a plant.

Human sources are a different bunch altogether.  While a real FBI infiltrator will have discipline and poise, intelligence and physical fitness, a human source may be a smoker, a drinker, unfit, paranoid, a layabout, and annoying, but lovable.   A human source may be a busybody organizer.  A human source may be a quiet friend who is omnipresent, but rarely noticed.  A human source may be the ditzy woman that no one takes seriously.  A human source may be the eccentric crazy lady with the colorful clothes.  In other words, human sources are often the opposite of the disciplined FBI infiltrators for whom they work.

I could tell you some surefire ways on how to test if a person is an infiltrator, but then, everyone would know.   Suffice it to say, there are several foolproof methods.  Try to guess what they are.

All quotes in this article are from the FBI DOMESTIC UNDERCOVER GUIDELINES, which you can download by clicking.






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