Scott DeMuth pleaded guilty today to a misdemeanor conspiracy charge for releasing ferrets from a Minnesota farm. As part of the deal, he will no longer be charged with conspiracy to commit “animal enterprise terrorism” in relation to a University of Iowa Animal Liberation Front raid.

DeMuth had previously resisted a grand jury fishing expedition, and been labeled an “anarchist” and “domestic terrorist” by the government. His faculty advisor at the University of Minnesota has also been harassed by the FBI.

As part of the deal, he will not be forced to cooperate with the government. He faces approximately six months in prison for the misdemeanor charge.

The plea agreement comes as DeMuth was set to begin trial Tuesday. From the start, DeMuth has maintained his innocence in relation to the University of Iowa case. Prosecutor Cliff Cronk has re-indicted DeMuth twice, in response to arguments by defense attorneys that the government’s case is thin and vindictive: the second superseding indictment added an allegation of a raid at Lakeside Ferret, in Minnesota.

The government seems to have taken whatever it can get in this case: a lesser charge in lieu of “terrorism” charges, which fell apart. The terrorism investigation of the University of Iowa ALF raid, is likely not over, however. Recent FBI raids in other states have been part of that investigation, as have visits by FBI agents to local activists.

An FBI affidavit has just been released in the investigation of the 2004 Animal Liberation Front break-in at the University of Iowa. It shows the stream-of-consciousness approach the FBI’s Joint Terrorism Task Force took to the investigation, including surfing MySpace and Facebook and using an informant to identify activists on YouTube.

The affidavit from October, 2009, also shows the shaky pretext used to justify charging Scott DeMuth with Animal Enterprise Terrorism, jailing Carrie Feldman in a grand jury witch hunt, and raiding the home of Peter Young.

For example:

• A confidential informant was used to identify individuals in a YouTube spoof video created prior to the Republican National Convention in the Twin Cities. The video, like many others that have been made for mass protests, shows faux “Black Bloc” activists getting ready for the RNC. (The joke is that they are sipping coffee and reading the newspaper while wearing black masks.) The informant reportedly identified Carrie Feldman and Scott DeMuth as cast members in the skit.

  When the video came out, I posted about it on this site, and jokingly called it a “Homegrown Terrorist” training video. Months later, the government is calling it exactly that.

• The government says Scott DeMuth wrote in his diary about the ongoing political crackdown on environmental activists. For example, one alleged entry includes, “Fuck the Feds” and “Turns out the Feds have shit on P” (who the government claims is Peter Young). DeMuth also allegedly wrote “It’s almost been a year since Iowa,” which the FBI agents typed in bold font, implying that DeMuth must have been involved in the ALF raid.

  DeMuth allegedly wrote, “And the ABC [Anarchist Black Cross, a group that supports political prisoners] has gotten a fair amount of attention from the FBI. I don’t think I am at too much risk.”

• DeMuth’s Facebook, Livejournal and Myspace all “identify him with his interests of animal rights, anarchy and ecological extremist groups,” the FBI says.
• An FBI agent reviewed a MySpace photo of Carrie Feldman, posing with a white rat on her shoulder. Rats were removed during the Animal Liberation Front raid at the University of Iowa.
• Activists organized a Dangerous Media Tour, also known as “The Steal This Film Fest.” This public event, open to everyone (including the FBI, who were there taking photos) included information on making free phone calls and other hacks to resist “corporate rule.” The affidavit paints this is a covert terrorist gathering, but to anyone familiar with CrimethInc., Evasion, and the like, there is an entire punk subculture built up around similar petty scams.

I spoke with Lauren Regan of the Civil Liberties Defense Center to help me put this affidavit in context. “This is just an incredible example of how extremely flimsy the actual fact evidence is in these cases,” she said. “If they had stronger evidence against this kid [DeMuth], they would have used it.”

It doesn’t seem that the government has anything else to go on. When prosecutors filed an emergency motion to keep DeMuth locked up, they based it on labeling him an anarchist.

This is an important point to underscore. The date of this affidavit, October, 2009, places it before the Utah raid of Peter Young’s home, and before the grand jury. In other words, it is very likely that the entire case for the indictment of Scott DeMuth was based on this flimsy string of information, including lawful speaking events, Facebook, and YouTube.

FBI raid of Salt Lake City house of animal rights activists. Photo by Jordan Halliday.

FBI agents and law enforcement from multiple agencies have raided a well-known activist group house in Salt Lake City, Utah, today in connection with an investigation of Animal Liberation Front crimes in Iowa.

I just got off the phone with multiple housemates who were there witnessing the raid, and who were able to read the warrant. Details about all of this are still emerging, but at this point it is clear that the warrant was issued by the Southern District of Iowa, and authorizes the seizure of any books, pamphlets, computers and other materials tied to “animal enterprise terrorism.” [UPDATE: Here is copy of the warrant.]

Some background: In Minnesota, a graduate student named Scott DeMuth has been indicted on conspiracy charges under the Animal Enterprise Terrorism Act. The charges are related to a 2004 raid by the Animal Liberation Front at the University of Iowa.

Another Minnesota activist, Carrie Feldman, has been jailed for refusing to testify about her political beliefs and political associations before a grand jury. Feldman was a teenager at the time of the ALF crime, and says the grand jury is clearly an attempt to harass and intimidate the activist community.

So how did the FBI end up in Utah? One of the housemates, Peter Young, is repeatedly mentioned by name in the warrant. Young was one of the first people prosecuted for “animal enterprise terrorism” in connection to fur farm raids in the late 90s. (His co-defendant Justin Samuel is also mentioned in the warrant). He served two years in prison, and has been living in Salt Lake City, speaking at colleges, and writing on his website, Voice of the Voiceless. He is among the most vocal, public supporters of the ALF and direct action.

The only connection I can decipher between Young and the Iowa investigation is this: in an emergency motion filed against Scott DeMuth, to keep him in jail, the government calls DeMuth an “anarchist” and “domestic terrorist.” As evidence of this, they say he is an “associate” of Peter Young. As DeMuth’s faculty advisor has publicly explained, this is tied to his research as a graduate student.

There are about nine people living at the activist group house in Salt Lake. At least 15 computers were taken by the FBI, along with boxes of documents, notebooks, files, and address books. The house is well-known in the area as a gathering space for animal rights and other activists. No arrests have been made, and at this point it seems Iowa is being used as a pretext for a continued campaign of harassment and intimidation.

Among the items taken from the FBI’s terrorism raid: a postcard for Iowa 80, “the world’s largest truck stop.”

I’ll continue to update as this story develops. In the meantime, this is a good opportunity to plug the National Lawyers Guild hotline, 1-888-NLG-ECOL. Also, please write Carrie Feldman a letter as she continues to resist the grand jury witch hunt. Carolyn Feldman,
770 Iowa St., Dubuque, IA 52001.

The government filed an emergency motion to keep an activist in jail because he is an “anarchist” and “domestic terrorist” who associates with a “subversive,” but in a response issued Monday, an Iowa district court didn’t buy it. Scott Demuth will be released pending his trial.

Demuth has been indicted on animal enterprise terrorism charges for alleged “conspiracy” as part of the 2005 Animal Liberation Front raid at the University of Iowa that rescued more than 300 animals.

He and another Minneapolis activist, Carrie Feldman, had been targeted by a grand jury focused on the ALF raid. Both Demuth and Feldman refused to testify on the grounds that the grand jury was a political witch hunt pressuring activists to speak, without an attorney present, about their political beliefs and political associations.

When Demuth was indicted, Judge Thomas Shields ruled that he could be released pending trial as long as he wore a GPS monitoring device and adhered to other criteria. Assistant U.S. Attorney Clifford Cronk filed an emergency motion to keep Demuth behind bars, arguing:

Defendant’s writings, literature, and conduct suggest that he is an anarchist and associated with the ALF movement. Therefore, he is a domestic terrorist.

Yes, you read that correctly. The government is arguing that First Amendment activity–writings, literature–and political beliefs are enough to make someone a terrorist.

Among the other reasons given to keep Demuth, a graduate student in the sociology department at the University of Minnesota, behind bars:

• He has political friends. According to the motion, he is an “associate” of Peter Young, “an outspoken and subversive animal rights activist who has been prosecuted for ALF activities and, after being indicted for animal enterprise terrorism, was a fugitive from justice for several years.”
• He protests. Demuth “participated in an anti-government demonstration in front of the courthouse” prior to the grand jury hearing.
• He has a network of support. There were individuals in the courtroom who supported him, Cronk argued, and many people had called into the U.S. attorney’s office opposing the grand jury “based upon their belief that the use of the grand jury was abusive and unconstitutional.”

[Here is the full motion.]

This is not an isolated incident. It is becoming increasingly common to see this kind of inflammatory, unfounded rhetoric coming from prosecutors who hope to smear activists as terrorists before they even stand trial.

For instance, in Hugh Farrell’s motion for bond, the government said he “has been observed advocating literature and materials which advocate anarchy.”

Stephanie Ernst summed up the threat of this pretty well in her comments over at change.org:

Wow. WOW. He’s suspected of being involved in a raid that involved vandalism and rescue, and he’s an anarchist, so “therefore, he is a domestic terrorist.” Forget the trial, folks! Verdict is in! How many people would be “domestic terrorists” if these were the criteria?

Scott DeMuth, a Minneapolis activist, has been indicted for conspiracy to violate the Animal Enterprise Terrorism Act, apparently in relation to a 2004 Animal Liberation Front raid at the University of Iowa. He faces up to 5 years in prison. His indictment marks a continued expansion of the scope of the new terrorism law, which has already been used to target activists who release mink from fur farms, and the AETA4, who are accused of protesting and chalking on public sidewalks.

The indictment comes after DeMuth and another local activist, Carrie Feldman, were found to be in contempt of court refusing to cooperate with a federal grand jury investigated that ALF burglary and vandalism. They were handcuffed and taken to jail for refusing to testify about their political beliefs and political associations.

I have written previously about Feldman’s refusal, and her statement to the grand jury (Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”).

In a statement prepared prior to the grand jury hearing, DeMuth said:

“Grand juries can be very disempowering for us all, and especially for those targeted by them. We face questioning without legal counsel present or a right to remain silent. We can be threatened, coerced, and jailed. However, no punishment could be worse than surrendering our values. “

There has been some speculation about what, exactly, DeMuth’s conspiracy charges entail. Is the indictment for conspiracy to damage property? Or is it for conspiracy to instill a “reasonable fear”?

The truth: neither.

Bear with me for a moment. The indictment lists sections 43(a) and 43(b)(2) of the Animal Enterprise Terrorism Act, and says the conspiracy was to commit economic damage in the amount exceeding $10,000. Section 43(a) is simply the offense section. Section 43(b)(2) spells out penalties for damages exceeding $10,000. The indictment does not specify whether the charges are for violating
43(a)(2)(A) (damaging property) or 43(a)(2)(B) (instilling fear). Does that make sense? I know it’s a little tedious, but I think it’s important to clear up. (I just spoke with Matthew Strugar, who was quoted on Peter Young’s blog, and he agreed.)

Local press has been speculating. But regardless of what, specifically, DeMuth is charged with conspiring to do, one thing is clear: conspiracy charges have been used throughout U.S. history as a catch-all when prosecutors can’t get anything else to stick. That’s exactly what happened in the case of the SHAC 7, under the previous version of the Animal Enterprise Terrorism Act.

I have personally met both Scott DeMuth and Carrie Feldman, on multiple occasions. They were involved in organizing a Green Scare speaking event in Minneapolis. They are both incredibly kind, passionate, activists who are involved in a variety of local issues, including organizing public lectures and supporting the RNC 8. They are lawful, above-ground activists who have organized against the Green Scare. Now they, themselves, have become targets, and they need your support.

You can write letters to Carrie Feldman and Scott DeMuth, and email them to: davenportgrandjury@riseup.net. You can also donate to their legal support at http://davenportgrandjury.wordpress.com/

Carrie Feldman, a 20-year-old woman from Minneapolis, has been subpoenaed to a federal grand jury in Iowa in what appears to be yet another attempt to harass and intimidate political activists. She faces up to a year in jail if held in contempt for refusing to cooperate with the grand jury.

As you can see in Feldman’s grand jury subpoena, the government provides few details about what is actually being investigated. That’s no accident: grand juries, by design, are secretive and conducted outside of public scrutiny in a legal void where basic Fifth and First Amendment rights do not apply. [Here is a handy booklet on grand juries with much more information.] If activists refuse to participate in the political witch-hunt, they can face serious jail time. Jordan Halliday has done exactly that with a Utah Grand Jury, and he is facing federal criminal contempt charges.

There’s a very good chance the grand jury is investigating a 2004 Animal Liberation Front raid at the University of Iowa (video of the raid is embedded here), for a few reasons. It was a very high profile crime at the time, and both the university and the FBI have indicated it is a top priority. Also, at the preliminary hearing by the grand jury, a witness asked a question that Feldman says related to that investigation.

After that raid, the University of Iowa announced that its new, $11.2 million animal experimentation facility would be underground. As an anonymous activist wrote on the TwinCities Indymedia page:

“Like the torture of animals, grand juries, too, are only at their most effective when done as intended, in secret.”

If the new underground lab at the University of Iowa is intended to deter both legal and illegal animal rights activity, that’s not going to happen. When I sent around a news article about that on Twitter a while back, an aboveground activist responded in a way that I think reflects the mentality of many people in the animal rights and environmental movements: “They’re building their labs underground now? I guess we’ll just have to get shovels.”

And if this new grand jury is intended to harass and intimidate political activists… well, I think they picked the wrong activist and the wrong community to target. Carrie Feldman is active with EWOK (Earth Warriors are OK), which has been active on local Green Scare issues. She also works with the Coldsnap Legal Collective and the RNC 8 support committee, experience that is clearly reflected in her statement to the grand jury:

First of all, I would like to state, unequivocally and most certainly for the record, that I have no intention of testifying before this grand jury. Based on information from the prosecutor indicating that I may be a target of this investigation, I am invoking my Fifth Amendment right against self-incrimination. But beyond that, I am refusing to cooperate based on a sincere belief that to do so would run counter to my deeply held convictions and values.

Grand juries were originally created to prevent arbitrary indictments, but are now used as a tool of the prosecution to gather information. Grand juries undercut basic rights supposedly granted in the Constitution by denying access to counsel and coercing testimony. They are now, and have been for some time, used to investigate and intimidate those who would express dissent.

This is only effective when we are complicit, when we are frightened, when we are divided. Today my voice may waver, as I stand alone in this room. But I know I speak with the voice of every one of my friends, loved ones, and comrades when I say this: We will not be intimidated. We will not cooperate. I have nothing more to say to you.

• Carrie Feldman’s support website:
  http://supportcarrie.wordpress.com/