The Department of Defense refused a request to expedite the processing of a Freedom of Information Act by an anti-war group whose protests have been under Pentagon surveillance, according to the Partnership for Civil Justice, a civil rights organization.
The Partnership for Civil Justice filed the FOIA request on behalf of the Act Now to Stop War & End Racism Coalition and the National Lawyers Guild on Dec. 15. NBC News had revealed that the Pentagon's Counterintelligence Field Agency maintained the Threat and Local Observations Notice database, a listing of "suspicious incidents," some of which had been listed as "credible threats" to national security.
ANSWER and the National Lawyers Guild also helped organize the Sept. 24, 2005, anti-war protest in Washington, D.C., which drew more than 300,000 people, including AU students.
Christina Virgo, a senior in the School of Communication, is concerned that the Pentagon's surveillance of antiwar protests violates the protesters' right to free speech.
"The magnitude of surveillance is the issue for me, personally," she said. "There is nothing wrong with providing protection for people that would like to execute their right to free speech.
The database contained information about at least one anti-war March 19, 2005, protest organized by ANSWER, in Los Angeles. As previously reported in The Eagle, at least eight college protests against military recruiters also appeared on the database.
"They are using scare tactics to take away our First Amendment rights as citizen, and that is a scary thing," Virgo said. "It's funny how so much effort is going into shutting people up. The government fears the growing opposition to the war."
"Free speech is now considered a threat by the Pentagon. The exposure of the 'threat incident' database containing information on protests and political activists makes clear that the U.S. military is spying on civilians in the United States who oppose the war in Iraq and U.S. militarism," said Mara Verheyden-Hilliard, a cofounder of the Partnership for Civil Justice, in a Dec. 15 press release.
The Pentagon has begun to destroy files related to the ANSWER's FOIA request, according to a press release issued by the Partnership for Civil Justice on Feb. 1.
Deputy Defense Secretary Gordon England said in an article in a Jan. 30 Newsweek article , he directed CIFA to purge the database of "improperly stored" information.
Maj. Paul Swiergosz, a Department of Defense spokesman said by purging the TALON database, the Pentagon is following the law.
Federal law states that the Department of Defense cannot store information on U.S. citizens for more than 90 days unless the Pentagon is able to link the information to a criminal or terrorist act.
"If we're guilty of anything, it's poor database management," Swiergosz said. "The bottom line is that if there is data on our database that should not be retained, we are required to purge it from our system. That's the law."
Virgo is concerned that the surveillance of antiwar protests will have a negative effect on the movement.
"I am always hearing 'these are scary times' - at least once a day," Virgo said. "People are really questioning whether or not all of their efforts are really worth it, whether to commit to the movement or whatever cause they are working towards or give up. Anything can be considered suspicious now."
According to Swiergosz, the Pentagon is reviewing the procedures governing the TALON database and is attempting to make sure it is in full compliance with Pentagon and U.S. laws.
In addition, the Pentagon is reviewing the database to identify improperly stored information, and "all Department counter-intelligence and intelligence personnel will receive immediate refresher training concerning the laws, policies and procedures that govern collection, reporting and storing of information related to the warning of potential threats to [Department of Defense] personnel, facilities or national security interests," Swiergosz said.
The Partnership for Social Justice is still investigating the matter and is considering "taking further legal action," according to Verheyden-Hilliard.
