FBI Aerial Surveillance
By Robert Snell, The Detroit News
An airplane linked to an FBI surveillance program that tracks alleged terrorists, spies and criminals has flown at least seven times over Metro Detroit, including two lengthy flights over the Dearborn area last weekend, according to public records.
The 2010 single-engine Cessna Skylane is part of a small air force operated by the FBI that uses high-tech cameras and sometimes cellphone surveillance technology. An Associated Press investigation in June revealed that the FBI had flown more than 100 flights in 11 states over a 30-day period.
Flight data reviewed by The Detroit News shows increased flights over Metro Detroit in the past week with prolonged surveillance over Dearborn, a city heavily populated by Muslims and Middle Eastern residents. In all, the FBI surveillance plane has flown over Metro Detroit seven times since Friday, according to the website FlightRadar24.com.
The flights raise questions about whether the FBI’s investigation is terror-related. It also raises concerns about privacy violations because of surveillance technology that often does not require a judge’s approval.
“There may be a concern about unjust, persistent surveillance of Muslim communities in Michigan that already have reasons to be uncomfortable with some police tactics,” said Nathan Freed Wessler, a lawyer with the American Civil Liberties Union’s speech, privacy and technology project in New York.
“That community is owed a full and transparent explanation of what law enforcement is doing to ensure this was not some mass surveillance effort of an already targeted community.”
The flights have so concerned Muslim community activist Dawud Walid that he plans to complain this week to the House Judiciary Committee.
The U.S. Attorney’s Office in Detroit and the FBI declined comment about the recent flights.
The 2010 Cessna is registered to a company called OTV Leasing of Bristow, Va. The registration, like other aircraft included in the AP investigation, is linked to a bank of post office boxes in Bristow.
OTV Leasing was among at least 13 fake companies used by the FBI that were identified during the AP investigation.
The chief executive of OTV Leasing is listed on aircraft records as Robert Lindley. The AP reported that Lindley is listed as CEO of several other front companies, and has at least three distinct signatures on aircraft records. The FBI did not disclose to the AP whether Lindley was a U.S. government employee; the news agency could not reach him for comment.
In a 30-day period, an AP review found, the FBI flew above more than 30 cities in 11 states, including parts of Boston, Chicago, Dallas, Houston, Minneapolis, Phoenix and Seattle, as well as southern California.
The FBI told Congress in 2010 it had at least 115 planes.
The FBI’s aviation program is not classified and is used to follow terrorists, spies and criminals, FBI Deputy Director Mark Giuliano said in a statement following the AP investigation.
According to the AP probe, the planes are equipped with high-tech cameras and, in rare instances, technology that allows the FBI to track thousands of cellphones.
The FBI said the aircraft are not equipped, designed or used for bulk collection or mass surveillance. Neither are they routinely equipped with technology that mimics cell towers and lets the FBI locate and intercept communications from cell phones and wireless devices.
“We have an obligation to follow those people who want to hurt our country and its citizens, and we will continue to do so,” Giuliano said in a June statement.
Last weekend’s flights in Dearborn fit a pattern used by the FBI in other cities, including in May in Baltimore following riots after the death of a black man, Freddie Gray, who was injured while in police custody.
The Cessna flew over the Dearborn area in slow-speed, counterclockwise orbits several miles wide and about one mile above the ground.
The Cessna’s orbits late Saturday and late Sunday were nearly identical, bordered by Michigan Avenue to the north, Telegraph Road to the west, Ecorse
Road to the south and Greenfield Road to the east.
Each night, the Cessna made 19 nearly identical loops over the Dearborn area and neighboring communities, including parts of Dearborn Heights, Allen Park, Taylor and Melvindale.
Focus of surveillance
The center of the surveillance area is near the Dearborn Public Schools building on Audette, east of West Outer Drive.
At 5:51 p.m. Saturday, the four-seat Cessna, white with a splash of red on the nose and tail, first appeared on radar flying over a neighborhood of $300,000 homes in Harrison Township, north of Metro Parkway in Macomb County.
The plane zigzagged over the community and neighboring Clinton Township before flying south and cutting west across Hamtramck and Detroit.
By 7:32 p.m., the Cessna was in Dearborn.
The plane spent more than 90 minutes making 19 loops, covering an area that includes several landmarks, including Greenfield Village, Ford Motor Co.’s Dearborn Development Center, Edsel Ford High School and the American Muslim Center on West Outer Drive.
“This just feeds into the thought of many of us in the Muslim community leadership that the FBI claims to want to have good relationships with Muslims and be transparent in the light of day, and then they are spying and snooping on us under the cover of night,” said Walid, executive director of the Michigan chapter of the Council on American-Islamic Relations.
He was unaware of the flights until being told by The News.
“If the FBI is, in fact, tracking one particular suspect for any type of crime, be it gang-related, drug trafficking or violent extremism, that is OK, but history informs us the FBI has been involved in mass surveillance and racial and religious mapping of communities of color,” Walid said.
On Wednesday, Walid sent an email to a lawyer for House Judiciary Committee member U.S. Rep. John Conyers, D-Detroit, asking if the congressman can investigate the flights. Conyers’ district includes several communities along the FBI plane’s flight path, including Detroit, Dearborn Heights and Melvindale.
“Under the guise of national security, our government claims to be surveilling certain suspect communities but in reality, they are collecting data and invading the privacy of all Americans,” Walid said.
“If we look at the recent history of domestic terrorism and who are the primary perpetrators, we see that it’s not Muslims in metropolitan Detroit,” he added.
The FBI did not alert Dearborn Police before, or after, the flights.
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The FBI dispatched Azir to an Occupy Cleveland event on 21 October 2011, "based on an initial report of potential criminal activity and threats involving anarchists". Terry Gilbert, a defense attorney, questions why the feds would send "a plant into a peaceful demonstration with a very ambiguous claim of criminal behavior. Once you get an informant in there, they have every motive to get a case. They are trying to make money or are working off a criminal case."
A recent FBI document calls anarchists "criminals seeking an ideology to justify their activities", warning they were engaged in "experimentation with new tactics, weapons … leading up to 2012 conventions".
In the lead-up to the 2012 NATO Summit in Chicago, federal agents teamed with local police to find and interrogate suspected anarchists.
Newly released documents give hard evidence of an amorphous FBI investigation into the political lives of Occupy participants, one apparently animated by a belief that adherents to the political philosophy of anarchism are prone to criminal activity.
Following the protests of the May 2012 NATO Summit in Chicago, rumors and reports abounded of local police and FBI agents raiding apartments, infiltrating meeting places, and questioning activists —particularly anarchists, or those appearing to identify as anarchists—in the months leading up to the summit. A number of the firsthand accounts of encounters with the FBI and Chicago police came from Occupy Chicago activists, who housed out-of-town protesters and planned many of the weekend’s actions. The existence, if not the full extent, of the Chicago Police Department investigation was confirmed during the trial of three young summit protesters dubbed the NATO 3. In testimony from the undercover police behind the arrests, it emerged that plainclothes officers with the CPD Intelligence Unit had visited coffee shops, restaurants and concerts to try to find anarchists discussing the summit.
But the FBI, which has long regarded anarchists as a domestic terror threat and monitored events like the G8 and World Trade Organization meetings, has never confirmed investigating anarchists in advance of the NATO Summit. And a document trove released in December 2012 about FBI monitoring of Occupy protests around the country didn’t include any mention of Chicago.
Now, three FBI documents released in October 2014 in response to a Freedom of Information Act request —published here for the first time—indicate that the agency gathered intelligence about Occupy Chicago general assemblies, and coordinated with local police to find and interrogate suspected anarchists.
One of the documents, an October 2011 Potential Activity Alert titled “Anarchist Advocates Adopting the St. Paul Principles for Occupy Chicago,” suggests that law enforcement either electronically surveilled Occupy Chicago general assemblies (GAs) or had an informant there.
The third document, three unclassified pages of a 30-page report from March 2012, shows the level of cooperation between federal and local law enforcement agencies—even outside the city of Chicago —and offers further evidence of the FBI’s obsession with finding anarchists amid Occupy activists.
After the suburban Naperville Police arrested a man for “causing a disturbance” on an Amtrak train out of Chicago, they tipped off the FBI that the subject “was involved in Occupy Wall Street,” was heading to Nebraska “to meet up with other like minded anarchists,” and planned to return for the NATO Summit. Under later joint questioning by FBI agents and Amtrak investigators, the subject “refused to elaborate” on his plans and said he would not return for the summit.
As a whole, the documents also bring up issues around the FBI’s cooperation with FOIA requests. Open records advocates routinely criticize the FBI for its lengthy delays and outright denials in responding to FOIA requests. When investigative journalist Jason Leopold filed a FOIA request with the FBI in 2011 seeking documents about Occupy Wall Street, the agency said that none existed. In response to a FOIA request by the Partnership for Civil Justice Fund later that year, the FBI released 112 pages of documents.
The Department of Homeland Security and the FBI have issued a bulletin to law enforcement warning that “anarchist extremists” may use IEDs, or Improvised Explosive Devices, at the Republican and Democrat national conventions.
“FBI and DHS assess with high confidence anarchist extremists will target… infrastructure with potentially significant impacts on public safety and transportation,” CNN reports.
“During past national and international political and economic events, anarchist extremists have blocked streets, intersections, and bridges to disrupt or impede local business operations and public transportation access and, in some instances have initiated violent confrontations with police,” the document states, according to CNN.
According to a recent report by The Intercept, Black Lives Matter has been under federal surveillance following Ferguson’s rash of riots and violent protests.
Utilizing the Freedom of Information Act, The Intercept was able to obtain documents detailing the months-long surveillance by the Department of Homeland Security. The Black Lives Matter surveillance documents were reminiscent of the FBI’s COINTELPRO days of Black Panther Party surveillance, producing “minute-by-minute reports on protestors’ movements in demonstrations.”
Federal surveillance of African-American organizations is not new.
The Department of Justice archives include surveillance of groups including the KKK and the NAACP, and maintained files on Malcolm X and Marcus Garvey. In a conversation with The Intercept, activist Maurice Mitchell identified surveillance as a federal fear tactic.
“When the police are videotaping you at a protest or pulling you over because you’re a well known activist — all of these techniques are designed to create a chilling effect on people’s organizing. This is no different.”
The Washington Post reports that the FBI has been obtaining and reviewing records of ordinary Americans in the name of the war on terror through the use of national security letters that gag the recipients.
"The FBI now issues more than 30,000 national security letters a year, according to government sources, a hundredfold increase over historic norms.
The letters -- one of which can be used to sweep up the records of many people -- are extending the bureau's reach as never before into the telephone calls, correspondence and financial lives of ordinary Americans."
"Issued by FBI field supervisors, national security letters do not need the imprimatur of a prosecutor, grand jury or judge. They receive no review after the fact by the Justice Department or Congress. The executive branch maintains only statistics, which are incomplete and confined to classified reports. Their are no examples in which the use of a national security letter helped disrupt a terrorist plot."
The federal government illegally spies on Americans, every day.
Dearborn police unaware
“I don’t know anything about this,” Police Chief Ronald Haddad said. “I can only be concerned when I learn something about it.”
The Cessna left Dearborn just after 9 p.m. Saturday and headed north before disappearing from radar minutes later in Bloomfield Township. In all, the plane spent 46 percent of its flight time circling over the same Dearborn area after traveling to and from the location.
On Sunday, the Cessna popped up on the radar in at 6:33 p.m. over White Lake Township and the Pontiac Lake Recreation Area.
Local police were unaware of the FBI flight.
“To my knowledge, (the FBI) did not contact the White Lake Township Police Department,” Lt. Daniel Keller told The News. “I don’t have any knowledge of them calling up and advising us that they would do so.”
The plane flew in a zigzag pattern — through Waterford Township and into northern Oakland County, cut through Pontiac, soared over Oakland Hills Country Club in Bloomfield Hills and looped through Lathrup Village and Southfield before heading south.
The Cessna was back in Dearborn by 7:42 p.m.
Like the night before, the fixed-wing plane made 19 loops around the same part of Dearborn before flying north by 9:41 p.m. The plane disappeared from radar over Lake Sherwood, just north of Proud Lake State Recreation Area in Commerce Township.
In all, about 60 percent of the plane’s flight time was spent in the low, slow, counterclockwise loop above Dearborn and surrounding communities.
A second Cessna Skylane linked to the FBI’s aviation program, meanwhile, flew across Metro Detroit on July 29. The Cessna showed up on radar northeast of downtown Pontiac before flying east during an 11-minute flight that ended when the plane disappeared from radar over Lake St. Clair.
Unlike the Dearborn area flights, the Cessna did not orbit over any one area during the brief trip.
This investigation is funded by the Leonard C. Goodman Institute for Investigative Reporting
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The main domestic threat, as the FBI sees it, is a lone wolf.
The bureau's answer has been a strategy known variously as "preemption," "prevention," and "disruption"—identifying and neutralizing potential lone wolves before they move toward action. To that end, FBI agents and informants target not just active jihadists, but tens of thousands of law-abiding people, seeking to identify those disgruntled few who might participate in a plot given the means and the opportunity. And then, in case after case, the government provides the plot, the means, and the opportunity.
Here's how it works: Informants report to their handlers on people who have, say, made statements sympathizing with terrorists. Those names are then cross-referenced with existing intelligence data, such as immigration and criminal records. FBI agents may then assign an undercover operative to approach the target by posing as a radical. Sometimes the operative will propose a plot, provide explosives, even lead the target in a fake oath to Al Qaeda. Once enough incriminating information has been gathered, there's an arrest—and a press conference announcing another foiled plot.
If this sounds vaguely familiar, it's because such sting operations are a fixture in the headlines. Remember the Washington Metro bombing plot? The New York subway plot? The guys who planned to blow up the Sears Tower? The teenager seeking to bomb a Portland Christmas tree lighting? Each of those plots, and dozens more across the nation, was led by an FBI asset.
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