Terrorism

Thugs for puppies

The militant animal rights group SHAC has one goal: Cripple a lab that tests (and kills) dogs and monkeys. They say they're activists. The government calls them terrorists.

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Thugs for puppies

It starts with a telephone call.

The young man on the other end of the line will sound nice enough. He will be polite, but firm. He will give his name as Kevin Kjonaas, and he will want to talk about a company called Life Sciences Research, also known as Huntingdon Life Sciences. You may never have heard of Huntingdon, he will say, but you do business with them in some way. Maybe you are a senior executive for Huntingdon’s insurance company. Maybe you work for its bank. Maybe you trade its stock.

The young man will tell you that Huntingdon kills puppies, among other animals — 500 of them every day. “Do you know what sort of company you’re dealing with?” he will ask. He will offer to send you some literature and videotapes documenting Huntingdon’s cruelty. He will tell you to stop dealing with Huntingdon.

Stephan Boruchin, a 61-year-old NASDAQ trader based in Edmond, Okla., got the call in June 2002. It was the last ordinary day of his life.

Boruchin, who likes to be called Skip, trades in about 180 stocks through his firm Legacy Trading, and he didn’t know too much about Huntingdon. He didn’t think much of the call — everyone’s entitled to an opinion. He didn’t heed the young man’s advice. He doesn’t remember which incident came first, and when he recounts his next three years the story tumbles out in a jumble of violence, exasperation and fear. There was the hammer hurled through his office window one night, followed by a military smoke bomb. There was the firebomb placed in the same office, which failed to detonate. There was the call to his 90-year-old mother, who passed away last year, at her nursing home at 2 a.m., demanding his cellphone number. (The caller insisted it was an emergency.) There was the time, back when his mother was still alive, that someone called an undertaker to come pick up her body. There were the things she started receiving in the mail: subscriptions to pornographic magazines, various sex toys, an envelope filled with white powder. There were the letters — 19 of them — warning his neighbors that he would trade in child pornography if it were legal and urging them to run him out of town. There was the night they splashed red paint all over his brother-in-law’s home in Nebraska. There were the solid black sheets of paper sent to his fax machine, jamming it for hours at a time. There were the phone calls — “Fucking puppy killer! [click]” — 2,000 of them in a row on bad days.

Worst, perhaps, was the night they wrote “Skip is a murderer” in red paint all over Boruchin’s home as he and his wife slept. The paint didn’t bother him; that was easy enough to clean up. It was that they’d cut his phone lines. Just to let him know they could.

They are adherents of SHAC — Stop Huntingdon Animal Cruelty — and they are the new, balaclava-clad face of animal rights activism. Unlike People for the Ethical Treatment of Animals, or any number of other advocacy groups that use letter-writing campaigns or celebrity endorsements to oppose fur farms and city pounds, SHAC has a sole reason to exist: to put Huntingdon, a lab that earns about $157 million each year testing pharmaceuticals and other substances on animals, out of business. They do more than hold signs and chant rhyming slogans outside corporate headquarters. SHAC’s supporters pursue their goal ferociously, relentlessly and often violently. They find out where the executives live. They go to their homes. They beat them with ax handles or pour paint stripper on their cars. And then they post taunting accounts on their Web site, which has a sophisticated design and an often wickedly funny tabloid sensibility. They are young, articulate and angry, and they take glee in hurting and frightening Huntingdon’s employees and investors — and anyone who does business with them.

Skip Boruchin has nothing against animals. He gives his pet bird, which has a skin condition, a special chemical bath so its feathers won’t fall off. His crime was offering Huntingdon his services as a market maker, someone who keeps shares of a company on hand for potential buyers. Without market makers, stocks can’t be readily traded. Boruchin is what the FBI calls a secondary or tertiary target. SHAC went after him because he was the last market maker willing to work with Huntingdon. Merrill Lynch, Charles Schwab, the Bank of New York, Goldman Sachs — all have washed their hands of the company after becoming targets. SHAC and allied groups have also gone after Huntingdon’s investors and suppliers, and even British Airways, an airline that transported monkeys from Africa for testing in Huntingdon’s labs. It once carved the words “puppy killers” into a green at a golf course where a director of the parent company of Huntingdon’s insurance brokerage was scheduled to play.

Last week, the animal liberation magazine Bite Back published an open letter from two anonymous SHAC supporters to Brian Guenard, an executive at Columbia Asset Management, a firm that SHAC says invests in Huntingdon. It reads in part: “We have ‘bumped into you’ at Genuardi’s and watched you in and out of CVS — but I guess you didn’t notice [sic]. We followed when you took your little brat to the Gymboree and then to Chuck E Cheese’s. We know you take that little brat to the doctor at Buckingham Pediatrics, and we made sure that they were sent information about HLS and how you and your husband make money off of animal cruelty.” Bank of America, Columbia’s parent company, has sought an injunction against SHAC.

SHAC’s modus operandi is simple, elegant and shockingly effective: Publish the names, home addresses and telephone numbers of executives and employees of Huntingdon and any companies it does business with; identify these individuals as “targets”; urge people to let targets know how they feel about Huntingdon’s treatment of puppies; and, of course, add a disclaimer disavowing illegal activity of any sort.

David Blekinsop, an activist affiliated with SHAC, apparently missed that last part. In 2001 he and two other men approached Huntingdon’s managing director, Brian Cass, as he arrived home from work in England, where Huntingdon was based at the time, and beat him with wooden ax handles. When a neighbor tried to intervene, one of the men sprayed tear gas in his face. Cass was left with a three-inch gash in his head. Blekinsop pleaded guilty and was sentenced to three years in prison.

The combination of righteous violence, indignant mischief and sharp, witty Web dispatches has launched SHAC from the dowdy world of vegans into something approaching a global brand: “Thugs for Puppies,” perhaps. Instead of mewling accounts of liberated cows or paeans to the Earth Goddess, the group offers cheery reports of “home demos,” in which angry protesters use bullhorns to scream at targets’ windows.

According to the FBI, the group is one of the top domestic terror threats in the United States. In May of last year, FBI officials told Congress, to the surprise of many, that animal and environmental rights extremism is now the most dangerous homegrown terror threat, specifically citing SHAC. One of the FBI’s most wanted fugitives, Daniel Andreas San Diego, is being sought in connection with two firebombings at Chiron Corp., a California pharmaceutical firm targeted by SHAC. In October, at U.S. Senate hearings devoted solely to SHAC’s activities in the U.S., John Lewis, the deputy assistant director of the FBI, testified that “SHAC has conducted a relentless campaign of terror and intimidation … including bombings, death threats, vandalism, office invasions [and] phone blockades.” In a November 2005 “60 Minutes” interview, Lewis said there were more than 150 current federal investigations into animal rights and environmental extremists. His fear, Lewis told correspondent Ed Bradley, was the emergence of a violent “lone wolf” in the mold of the Unabomber. Last month, federal prosecutors in Oregon indicted what they described as a “cell” of Animal Liberation Front and Earth Liberation Front operatives for a string of 17 arsons across the West.

The most aggressive legal action to date against SHAC culminated in May 2004, when, after a three-year federal investigation involving more than 100 FBI and Alcohol, Tobacco and Firearms agents, a grand jury in New Jersey indicted SHAC USA; its president, Kevin Kjonaas; its campaign coordinator, Lauren Gazzola; and five others for conspiracy to violate the Animal Enterprise Protection Act, interstate stalking and telephone harassment. The investigation, which involved members of the Joint Terrorism Task Force, generated the highest number of authorizations for telephone wiretaps and electronic surveillance of any case in 2003 — more than 141,000. Even with this mountain of evidence, the indictment of the SHAC 7, as they’ve become known, cites almost no direct criminal acts. Instead the case is largely based on the group’s Web site and what prosecutors call a “conspiracy of terror” to “incite [SHAC followers] to cause physical … and emotional harm.” The trial, for which jury selection is scheduled to begin Monday, has the potential to become a landmark First Amendment case.

“I love these court cases,” says Pamelyn Ferdin, the current president of SHAC USA. (Kjonaas stepped down after his indictment.) “Because that is a whole other way to educate the public.” Ferdin, 47, is positively chirpy. She has an easy laugh, and over the phone sounds enthusiastic and fun — an extremist Katie Couric. Which makes it jarring to hear her declare, musing about the potential consequences of a conviction for the SHAC activists on trial, “People, I think, are going to get hurt. There’s going to be a lot of violence.”

Ferdin was a childhood actor. She traces her militancy on behalf of animals in part to her recurring role as a deaf girl on “Lassie,” her voice-over work as Lucy on the classic “Charlie Brown” cartoons — Snoopy was a beagle, the preferred breed for Huntingdon’s experimentation, owing to its docile nature — and her role as the voice of Fern in “Charlotte’s Web.”

“I saved Wilbur the pig,” Ferdin says with pride. “When I said, ‘Daddy, please don’t kill Wilbur,’ and he said, ‘Well, I’m killing him because he’s the runt.’ And I said, ‘If I had been born a runt, would you have killed me?’ And, I don’t know, I think at that time in my life I just started thinking about the oppressed and the underdog and the underpig and the underchicken.” Ferdin’s husband, Jerry Vlasak, is a trauma surgeon who also happens to co-run the North American Animal Liberation Press Office, an official liaison between the public and underground animal rights activists. Vlasak made waves recently, on “60 Minutes” and in congressional testimony, when he implied that he wouldn’t mind if a few vivisectionists got knocked off, considering how many animals would be saved.

Ferdin is slightly more presentable. “I don’t break the law,” she says. “My role is to be a squeaky-clean representative for SHAC USA. I think this trial will prove that there were no laws broken.” But Ferdin’s not squeamish about civil disobedience: “Protesting against a corporation that does evil — that shouldn’t be illegal. That should be righteous. Look at the Boston Tea Party: talk about property damage. I’m sure the tea cost someone a lot of money.”

As for tactics that harm people, Ferdin personally disavows violence. She believes, however, that it’s SHAC’s message, not its methods, that most troubles authorities. “Americans are totally in support of firebombing and killing and blowing little kids apart in Iraq. It’s not the tactics. It’s the belief that’s controversial. The tactics — Americans, they love that shit.”

“Let’s just say this,” she adds. “SHAC USA supports what all Americans would support if their children were locked up, being experimented on, with their limbs being severed, with their eyes being burned out. That’s what SHAC USA supports.”

Evidently, that’s what Charles Schulz would have supported, too. “Schulz loved beagles. He would have done whatever he could have done to stop these poor beagles, these Snoopys, from being slaughtered needlessly inside these death camps. Charles Schulz, God rest his soul, would be very proud of me. If he were alive today, he would be calling me up and saying, ‘You go, girl!’”

Ferdin’s sense of pride is somewhat understandable, given how effectively the group has pursued its mission. SHAC was founded in Worcestershire, England, in November 1999 by Greg Avery, a former tailor and longtime animal rights activist who cut his teeth by hectoring breeders who sold dogs and cats to research labs. His efforts were an immediate, astonishing success. Within two years, following a campaign of smearing superglue on ATMs belonging to any banks that dealt with Huntingdon, every commercial bank in England cut ties with the company. The British government was forced to take the extraordinary step of providing Huntingdon a special account at the Bank of England. Two years later the British government again stepped in, this time by floating an insurance policy to Huntingdon after its insurer, Marsh Corp., bowed to pressure.

Last September SHAC claimed its biggest victory thus far when, at the eleventh hour, the New York Stock Exchange chose to delay Huntingdon’s listing for unspecified reasons, following what SHAC claims were 10,000 e-mails sent in protest. Huntingdon executives had already arrived at the exchange for the listing ceremony when they got the bad news.

Late last month, SHAC struck another blow when Boruchin, who had insisted on continuing to trade in Huntingdon’s stock on the Over the Counter Bulletin Board for years in the face of nearly constant harassment, was forced to abandon the company. SHAC supporters had targeted Sterne, Agee, and Leach, an Alabama-based clearing firm that Boruchin used for back-end administrative support for his stock trades — making sure that stock certificates get sent to the right parties for each trade, etc. In early January, SHAC sent out an e-mail containing the names and e-mail addresses of dozens of Sterne, Agee, and Leach employees and urging activists to “ask [them] not to unwittingly keep [Huntingdon] in business by supporting Legacy in any way, shape or form.” Sterne, Agee, and Leach, Boruchin says, wanted nothing to do with it. “They said to us, ‘If you continue with that stock, we will not do business with you,’” Boruchin says. He reluctantly stopped making a market for Huntingdon last week.

Sterne, Agee, and Leach executives did not return multiple phone calls. Although Huntingdon executives did not comment for this story, in Senate testimony last October, Huntingdon general counsel Mark Bibi described Legacy Trading as the only market maker consistently making a market in Huntingdon’s stock. While Huntingdon’s stock is still being traded on what is known as the Pink Sheets, a fourth-tier penny stock market, there are no more market makers for it on the Over the Counter Bulletin Board, a more exclusive stock market considered just below the NASDAQ. The upshot of all this, Boruchin says, is that Huntingdon’s stock can no longer be purchased by many institutional investors and hedge funds, whose regulations often forbid them from trading in volatile Pink Sheet stocks.

There is nothing illegal, or even necessarily distasteful, about activists pressuring a firm through e-mails and phone calls. But much of SHAC’s success hinges on the fact that firms like Sterne, Agee, and Leach are often aware that hammers and ax handles might come next. Avery disavows violence, and blames the dozens of criminal acts attributed to SHAC in England on the Animal Liberation Front, an underground affiliation of violent activists who act as the unofficial muscle behind SHAC’s campaign. The distinction between “the SHAC campaign” and “the SHAC organization” is important to Avery. The former is a worldwide network of people who want to shut down Huntingdon, some of whom will do whatever it takes. The latter is a legitimate, above-ground protest group that identifies Huntingdon executives and other companies that do business with Huntingdon as targets for legal protest. If those targets get hurt by anonymous elements in the SHAC campaign, well, that’s not Avery’s fault. “I’m against all violence, whether it be against animals or human beings,” he says. If he did support illegal violence, Avery says, he certainly wouldn’t spend his time talking to reporters.

Avery has been in prison nine times, including one stint for “threatening behavior.” According to a 2004 Sunday Guardian story, he admitted in court in 2001 to bullying a Huntingdon executive, telling him, “We’ve got your car number. We missed you last night. The police don’t want to protect scum like you.” (The same Guardian story also reported Avery’s nickname, “Greedy Greg,” so called because he lives with his current and former wives under the same roof.) When asked if he hates Brian Cass and the other Huntingdon executives he has monitored for years — many of whom he refers to by first name, as if he were talking about his neighbors — this is how he responds: “Oh, definitely. Definitely. I really hate him. Zero respect for him. Hate him. Hate can be a good thing if it’s channeled correctly.”

In March 2003 the U.K. arm of SHAC succeeded in literally running Huntingdon out of the country. Figuring that looser financial reporting standards in the United States would make it harder for SHAC to identify and target shareholders, Huntingdon reincorporated as a Maryland company and moved its headquarters to a facility it had maintained in New Jersey since 1995.

Founded in 1952, Huntingdon tests pharmaceuticals, industrial chemicals, food additives and other substances on animals. This research, conducted on behalf of companies such as GlaxoSmithKline, is often a legal requirement for bringing the drugs and chemicals to market. Generally speaking, each toxicology report involves a control group and three test groups of animals, which receive doses orally, topically or by injection. After the experiments the animals are killed and dissected. In some cases the animals are anesthetized and dissected while they are still alive — vivisected.

According to the U.S. Department of Agriculture, which regulates conditions in animal labs, there are more than 2,000 facilities registered to conduct research on lab animals in the U.S. — though that doesn’t include facilities that experiment on rats, mice or birds, which are beyond the USDA’s legal grasp. The USDA doesn’t tally the number of animals killed in the course of research, but the Research Defense Society, a British advocacy group that supports animal experimentation, estimates that animals undergo roughly 15 million “procedures” a year in the United States. Many, if not all, of them are killed.

Right or wrong, animal testing currently plays an integral role in the development of new drugs in America. The Food and Drug Administration requires that all new drugs be tested on animals for toxicity prior to being tested in humans. “We ask for results of animal tests to protect public health,” says David Jacobson-Kram, associate director for pharmacology and toxicology in the FDA’s Center for Drug Evaluation and Research. There is virtually no new drug — from Viagra to Prozac to Claritin — that has been brought to market in recent decades without a large number of animals dying in the process. Animal rights activists argue that animal testing is anachronistic — that better information about how a drug will affect humans can be gleaned from computer models and cell cultures than by injecting it into a beagle. Jacobson-Kram agrees that science is moving in that direction, but says that, in the meantime, animals are essential. “It would be near impossible to develop new drugs without experimental models,” he says. If animals were removed from the picture, “it would bring drug development either to a complete stop, or make it such a slow progression as to be almost useless.”

In 2000, the latest year for which figures are available, Huntingdon killed 71,507 animals in its two British labs. Although the vast majority of these were rats, the company also tests and kills fish, birds, rabbits, sheep, cows, pigs, cats, monkeys and dogs. Huntingdon’s three labs account for a tiny percentage of all test animals killed worldwide.

In 1997, after a British television program aired undercover footage (warning: graphic content) of Huntingdon employees punching a beagle in the face, shouting at the dogs, and holding them by the legs and shaking them violently as the dogs yowled, the firm’s operating license was suspended for six months. In 1998, after PETA released undercover video (warning: graphic content) of monkeys being thrown around by their arms and what appeared to be the dissection of a conscious monkey in Huntingdon’s New Jersey lab, the USDA fined the company $50,000 for 28 alleged violations of the Animal Welfare Act.

Last month, the New Jersey Society for the Prevention of Cruelty to Animals, a quasi-governmental agency empowered to sue to enforce state animal protection laws, filed a suit against Huntingdon for violations based largely, according to the Associated Press, on the same footage.

SHAC’s campaign has done more than just frighten and humiliate Huntingdon employees; it has put the entire enterprise on shaky financial footing. Earnings were down 38 percent for the third quarter of 2005, and company stock, which traded at $15 in 1999, dropped to as low as $1 in 2004. Though it currently trades at around $11, in September 2006, as Avery delights in pointing out, a $41.1 million loan the company took out in 2001 is comes due for repayment. As of September, Huntingdon had $12 million in cash on hand. Huntingdon executives did not return repeated phone calls for comment.

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At around 6 a.m. on May 26, 2004, Lauren Gazzola awoke to the sound of a ringing telephone. She was living with Kevin Kjonaas and Jacob Conroy in a house in Pinole, a quiet suburb in the San Francisco Bay Area. The three had moved there a few months before from a house in Somerset, N.J. — just a few miles from Huntingdon’s New Jersey lab — that prosecutors describe as the headquarters of SHAC USA. Kjonaas, a University of Minnesota political science graduate whose activism stems from fond memories of a beloved childhood pet (a beagle named Barney), founded SHAC’s American arm in 2004 after spending two years working alongside Greg Avery in England.

The phone call was from a friend warning that a fellow activist had been arrested. Before Gazzola could fall asleep again, she heard a helicopter overhead. Moments later, FBI agents in riot gear, guns drawn, burst through the front door, arrested the three housemates and began searching the house. In separate raids that morning agents swept up “SHAC associates,” as the indictment refers to them, Joshua Harper, Andrew Stepanian, Darius Fullmer and John McGee. The arrests came just nine days before Gazzola, a graduate of New York University, was scheduled to take the LSAT.

The indictment of the SHAC 7 provides a detailed account of what prosecutors call “attacks” on a variety of targets: Huntingdon; its insurance brokerage Marsh Corp.; investors Stephens Inc. and Quilcap; the Bank of New York and Wein Securities, which traded Huntingdon stock; and a client, Chiron Corp. It quotes liberally from the SHAC USA Web site (“Let Marsh know that we are about to raise the premium on pain”) and meticulously attempts to link specific posts to subsequent acts: “On or about February 10, 2002, the SHAC Website listed M. Corp. [Marsh Corp.] as a target … On or about March, 2002, the SHAC Website listed the names and addresses of various M. Corp. employees around the United States … On or about March 9, 2002, the home of SD, an employee of M. Corp., was vandalized.” The indictment’s pièce de résistance is a lengthy quote from the “Top 20 terror tactics” posted on the SHAC USA site, which, in addition to listing several perfectly lawful practices, suggests “physical assault including spraying cleaning fluid into one’s eyes”; “smashing the windows of one’s house while the individual’s family was at home”; and “threats to kill or injure one’s partner or children.”

Apart from the main charge against SHAC, conspiracy to violate the Animal Enterprise Protection Act of 1992 (a law specifically aimed at animal rights activists that makes it a crime to physically disrupt lawful businesses that rely on animals, from circuses to pet stores to labs), the group stands accused of conspiracy to stalk and conspiracy to make abusive phone calls. The defendants face up to 23 years in federal prison and upward of $1.25 million in fines. The prosecution’s case rests on the theory that, via its Web site, SHAC USA urged people to commit violent “direct actions,” provided the information (addresses, phone numbers) needed to commit them, and then wrote after-action wrap-ups that were “designed to spur similar action against other targets and to warn other targets that they, too, would be subjected to direct action.”

That’s certainly the message received by Skip Boruchin. “I consider everybody whom I’ve come into contact with from SHAC to be very bright,” he says. “Initially, they’re like anybody else — you get more done with carrots than sticks. But their soft, nice approach lasted about 20 minutes. And then it’s, ‘Look at the actions we’ve taken. Look at what we’ve done to other people. Look at our Web site.’”

Upon close inspection, however, the indictment turns out to be a masterwork of the passive voice. E-mails “were sent,” “rocks were thrown,” “a smoke bomb was set off.” Only one of the named defendants, John McGee, was directly accused of a discrete criminal act (slashing the tires of a Huntingdon employee’s car) and charges against him have since been dropped. The government, unable to identify the perpetrators of crimes detailed in the indictment — none of which, defense lawyers point out, are federal offenses taken individually — can only claim that in the context of the direct-action campaigns, SHAC’s Web postings constituted a criminal conspiracy.

“Conspiracies are agreements to commit an illegal act,” says Gazzola. “They are alleging that we conspired to speak through a Web site, and that the speech on that Web site disrupted these companies.” Gazzola, a 26-year-old from Connecticut, is anxious to get the trial behind her so she can get on with applying to law school. She rescheduled her LSAT, and scored in the 97th percentile.

“I was exposed to SHAC through the music scene,” Gazzola says when asked how she found herself screaming at people’s homes through a bullhorn at dawn. “We’d go to shows and people would have tables set up.” She lets out a girlish “Oh, God” when asked what bands she was into, recalling with embarrassment her high school days. “Hardcore bands. Earth Crisis” — a strait-laced, vegan, heavy-metal band devoted to animal liberation. “At the time, in the late 1990s, the hardcore scene was very political.” But, she says, sounding more like someone eager to distance herself from teenage awkwardness than, say, a domestic terrorist, “I’m not really about that anymore.”

The supreme irony of her case, Gazzola says, is that most of the words the government finds so incendiary weren’t written by the SHAC 7. The after-action reports, she says, were all e-mails sent in by anonymous correspondents. And the “Top 20 terror tactics”? They were written and published by the Research Defense Society, the British think tank devoted to combating animal rights extremism; they were written by SHAC’s enemies to make SHAC look bad. SHAC posted them on its own site with ironic intent — as a snide “Fuck you”– with the further ironic admonition, “Don’t get any ideas.”

“Basically,” she says, “we’ve been alleged to have conspired to cut and paste other people’s words onto a Web site.”

“Any commonsense approach to the facts of this case would suggest that this isn’t about the First Amendment,” said Michael Drewniak, a spokesman for the U.S. attorney’s office. “It’s about stopping criminal behavior. My favorite is how they say the SHAC Web site only reports how these things happen. Quote my ironic laugh. We’ll have to leave it to a jury to decide where the excuses end.”

Supporters of SHAC tread on uneasy ground when it comes to the question whether their activities can properly be called terrorism. On the one hand, they scoff at the conflation of what they regard as legitimate, if muscular, protest with the actions of someone like Osama bin Laden. “Civil disobedience doesn’t mean I’m an international terrorist,” says H. Louis Sirkin, Gazzola’s lawyer. “Where’s the intimidation? They’re not intimidating anybody. They’re laying out facts.”

On the other hand, the entire SHAC campaign would be useless if people weren’t fearful of doing business with Huntingdon. Intimidation is the point. “I’m not saying that there aren’t some companies who fear that the ALF is going to come around and smash their house up,” Greg Avery says. “We don’t live in a naive dream world where we think everybody stops dealing with Huntingdon because they like lovely bunnies and want to save all the beagles. Of course they don’t.”

The convenient firewall between the above-ground campaign leaders of SHAC and the underground, uncontrollable activists of ALF is not always clear-cut. Kevin Kjonaas (who declined through his attorney to comment for this story) was, according to a 2002 Philadelphia Inquirer story, an acquaintance of David Blenkinsop’s, Brian Cass’ ax-handle attacker, during his time in London. Kjonaas told the Inquirer, “David is a very passionate person, and what he did was done with the best intentions.” Kjonaas was also apparently familiar with Daniel Andreas San Diego, the firebomber at large: According to court documents filed in the SHAC case, wiretaps of Kjonaas’ telephone show San Diego calling him on the day of the Chiron bombings.

Boruchin has no doubt that it’s terrorism. “Fear is part of their motivation,” he says. “How do you go to bed at night knowing that these people have been within three feet of my bedroom window? They bragged about it.”

Pamelyn Ferdin has already moved beyond worrying about guys like Boruchin. “I think the SHAC campaign has already been won, and closing Huntingdon is just a formality. Because for five years this international effort has gripped the animal rights movement. Of course the primary objective is closing Huntingdon. But by no stretch of the imagination is this where our goals stop.” So, should senior executives at, say, KFC, be worried? “I would think so.”

Ferdin cackles raucously when asked about the FBI’s fear of a “lone wolf” extremist setting sights on SHAC targets. “It’s not the lone wolf they should be afraid of. It’s thousands of, not wolves, but thousands of humans they should be afraid of. Wolves can’t do nearly the damage that thousands of irate, pissed-off animal rights activists can do. If things continue the way they are, it’s just a matter of time.”

John Cook, a former writer for the Chicago Tribune, has also written for the New York Times magazine, Chicago magazine and Slate.

Senate Democrats heroically fund TSA

Democrats score the dumbest political victory of 2012

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Senate Democrats heroically fund TSA (Credit: Reuters/Frank Polich)

On Tuesday, a Senate Appropriations Committee vote effectively highlighted everything that is stupid about politics.

The Transportation Security Administration, a universally loathed government agency, is facing a shortfall, despite its more than $8 billion budget. Instead of having a debate over what effective airport security might actually look like and how much should reasonably be spent on the honestly rare threat of commercial-air-travel-based terrorism, there was a debate over how best to come up with the money needed for all the radioactive naked picture machines and bomb-sniffing dogs. The Democrats suggested passing on the cost of ineffective, cumbersome and intrusive security theater to citizens, via higher fees on airfares. The Republicans, even more predictably, suggested cutting spending that directly helps poor people to ensure there is enough to spend on stopping imaginary future 9/11s.

The newspaper account of the debate in The Hill just reinforced the Republican spin, highlighting the Democrats’ decision to make people spend more money on the hated TSA and downplaying the actual existing Republican alternative to the proposal, which was not “spend less on the hated TSA” but rather “raise money for the hated TSA by slashing needed aid to states.” The Democrats won, or “won,” and now they will earn the fruits of that victory: well-deserved scorn from everyone. And Ben Nelson (D-Troll Town) voted with the Republicans. (Though surely having users pay the fees for supposedly necessary security measures is perfectly conservative, isn’t it? Am I missing something here? I mean besides the fact that the two sides in this debate weren’t actually “liberal” and “conservative” but rather “people who want to come up with a way of paying for the oppressive and useless national security state” versus “people who want there to be an oppressive national security state but hate government spending on feeding and sheltering impoverished people.”)

I don’t know of anyone not employed by the TSA or some other arm of Homeland Security that believes the TSA does a good job and deserves its massive budget, but everyone in Washington apparently feels differently (and is terrified of being blamed for “voting to cut TSA funding” if there is another terrifying and deadly underwear bomber, of course). This is why everyone hates politics and Congress and Washington. This and Iraq. And the drug war.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

Police arrest artist setting up ‘I Love NY’ work

The installation included a plastic bag with a battery inside of it, hanging from a tree

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Police arrest artist setting up 'I Love NY' work (Credit: http://tmiyakawadesign.com/)

NEW YORK (AP) — An artist who was setting up an “I Love New York”-themed public art display in Brooklyn was arrested after the wired contraption was mistaken for an explosive device.

Takeshi Miyakawa, a visual artist and furniture designer, was arrested Saturday after placing the installation in two separate areas of the same New York City neighborhood. His lawyer and employer both called the arrest a misunderstanding.

The first apparatus was found Friday morning after a caller reported a suspicious package to police. It consisted of a plastic bag that contained a battery and was suspended from a metal rod attached to a tree. The bag, which had the classic “I Love New York” logo printed on it, was connected by a wire to a plastic box that contained more wires.

The area was evacuated for two hours until a bomb squad determined that the device was not dangerous.

At about 2 a.m. Saturday, a police officer discovered Miyakawa on a ladder not far from where the first contraption was found. Police said he was tying a similar “I Love New York” bag to a public lamp post.

Miyakawa was charged with two counts of first-degree reckless endangerment, two counts of placing a false bomb or hazardous substance in the first degree, two counts of placing a false bomb or hazardous substance in the second degree, two counts of second-degree reckless endangerment and two counts of second-degree criminal nuisance.

A judge ordered him held pending a psychiatric evaluation. His lawyer, Deborah J. Blum, said Monday that she is filing for emergency relief to have Miyakawa released. A court date was set for June 21 to review the results of the evaluation.

“He’s still being held,” Blum said Monday. “I believe that it was a gross misunderstanding and other than that I don’t have any other comment.”

Miyakawa, who was born in Tokyo and is about 50 years old, has worked for a New York-based architect Rafael Vinoly for the last 20 years and also has an independent design practice.

Vinoly’s firm released a statement Monday praising Miyakawa for his “extraordinary brand of professionalism” and said he has been a mentor to generations of young architects.

“Takeshi is a fabulous human being and a person of extraordinary talent,” Vinoly said. “We hope this misunderstanding is cleared up as quickly as possible.”

New York Civil Liberties Union Executive Director Donna Lieberman said in a statement that the charges sounded “like a wild overreaction.”

“It’s hard to understand why a light-up bag in a tree would be treated as an attempted terrorist act unless there’s more to the story than has been reported in the press thus far,” she said.

In 2007, an artist touched off a terror scare in Boston by placing electronic devices around the city as part of a marketing stunt for Cartoon Network. The city closed bridges, roads and public transit before authorities realized the signs were not bombs.

On an average day, the NYPD receives nearly 100 reports of a suspicious package. Last year, there were more than 4,000 such reports. The number generally rises following any word of terror threats in New York and around the world.

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Behind the underwear bomb

The latest airplane terror plot wouldn't have been foiled without airport security -- but not the kind we all know

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Behind the underwear bombTravelers line up at a TSA checkpoint at Los Angeles International Airport. (Credit: Reuters/Danny Moloshok)

Another deadly plot taken down in the planning stages. This time, thanks to the work of a CIA double agent, officials were able to infiltrate a Yemen-based al-Qaida plot to destroy a U.S.-bound jetliner using a nearly undetectable underwear bomb.The moral of the story: Airport security works!Am I being facetious?  Not necessarily.  It depends on your definition of airport security.

In my mind, the key to keeping airplanes safe is, and always has been, stopping acts of sabotage while they are still in the planning stages. Here in the age of the TSA checkpoint, with its toothpaste confiscations and obsession with pointy objects, we tend not to think this way, preoccupied instead with a kind of airport Kabuki — the tedious, fanatical screening of passengers and their carry-ons. Real airport security takes place offstage, as it were. It is the job of the folks at the CIA and the FBI, working together with foreign authorities. And while TSA has an important role here too, we can do without the spectacle of airport guards rifling through innocent people’s bags in a pathological hunt for what are effectively harmless items.

The concourse checkpoint needs to be there.  Just the same, chances are good that once an adversary has made it to the airport, he or she has engineered a way to outwit the system.  And spend as we might, there will always be a way to outwit the system.  ”Even if our technology is good enough to spot it,” said California Rep. Adam Schiff, commenting on the news of the latest underwear plot, “technology is still in human hands and we are inherently fallible.”

That’s one of the smartest things I’ve heard a politician utter in some time.

Getting a handle on this takes us all the way back to Sept. 11, 2001, the day that everything, and yet really nothing, changed.  I’ve said this before, but it bears repeating: Conventional wisdom holds that the 19 hijackers exploited a weakness in airport security by smuggling box cutters onto four Boeing jetliners. But conventional wisdom is wrong. What the men actually exploited was a weakness in our mind-set — a set of presumptions based on the decades-long track record of hijackings and how they were expected to unfold. (In prior years, a hijacking meant a diversion, perhaps to Havana or Beirut, with hostage negotiations and standoffs; crews were accordingly trained in the concept of “passive resistance.”) The presence of box cutters on 9/11 was merely incidental. The men could have used almost anything — a deadly sharp can be fashioned from a broken first-class dinner plate or a ballpoint pen — particularly when coupled with the bluff of having a bomb. The success of their plan relied not on hardware but on the element of surprise. It wasn’t a failure of airport security that allowed those men to hatch their takeover scheme. It was a failure of national security — a breakdown of communication and oversight at the FBI and CIA level.

To put it succinctly: The success of the 9/11 attacks had almost nothing to do with airport security at all — a great and painful irony, of course, to any passenger forced to endure the checkpoint rigmarole in 2012.

Not that frontline guards don’t play a deterrent role.  And, in the opinions of some, the plot uncovered in Yemen underscores the value of full-body scanners — those controversial walk-through machines that allow guards to look beneath a passenger’s clothing. It’s a compelling argument, but the way in which these scanners have — and have not — been deployed is apt to make some of us cynical. For instance, the vast majority of body scanners are found at U.S. domestic airports. Overseas, where a bomb is far likelier to originate, they are rare. Is this really about safety, we wonder, or is it about billions of dollars going into the coffers of the companies contracted to build these machines?

And although the scanners are effective, where does the arms race end?  Not long ago, the idea that passengers would be marched through body scanners and photographed naked before being allowed to board an airplane, would have seemed outrageous. Yet here we are. What might be next?  The stubborn truth is, we can turn airports into fortresses if we want (in some respects we’re well along that path), yet we’ll never be entirely safe. Airport screening alone, no matter how thorough, how expensive, and how technologically advanced, will never defeat a relentless enough, resourceful enough adversary intent on downing a plane.

That isn’t capitulation, it’s reality.  And acknowledging this reality would go a long way toward warding off panic and overreaction when the next successful attack occurs.

Regrettably, too, we often forget that commercial air travel has long been a target of terrorist extremists.  The 1970s and 1980s in particular were, as I like to describe them, a Golden Age of Air Crimes, comparatively rife with bombings, hijackings and other deadly assaults against airplanes and airports. Over one five-year span between 1985 and 1989 we can count at least six high-profile terrorist attacks, including the horrific bombings of Pan Am 103 and UTA 772; the bombing of an Air India 747 over the North Atlantic that killed 329 people; and the incredible saga of TWA Flight 847.  And let’s not forget what might have been, such as the so-called “Project Bojinka,” the 1994 scheme masterminded by Ramzi Yousef (nephew of Kalid Sheikh Mohammad), in which impossible-to-detect (at the time) liquid explosives were to be used to simultaneously destroy a dozen U.S. airliners over the Pacific Ocean. Fortunately the plot unraveled and Yousef was arrested.

While we can argue, quite persuasively, that many of the current-day security measures have done little if anything to make us safer, we’ve nevertheless introduced measures that have been useful and effective, from explosives screening of checked luggage to the sorts of trans-border partnerships that broke up the most recent plot from Yemen. Whether in spite of, or because of, the attention we’ve lavished on All Things Terrorism, the past decade has seen fewer attacks against commercial air travel than any since the 1950s.What we need to remember, though, is that our success has had more to do with the security measures we don’t see than those taking place in plain view. And if our luck is to hold, we need to better rationalize and streamline our entire approach to airport security. For instance, if we’re going to have those body scanners, let’s put them where they’re needed. If this requires negotiating with foreign authorities whose airports are beyond TSA’s jurisdiction, so be it. Meanwhile, here at home, TSA’s one-size-fits-all approach, in which every single person who flies is seen as a potential threat, is simply unsustainable in a country where close to 2 million people fly daily. Things like taking snow globes from children, haggling over tiny container sizes, or confiscating a dessert fork from a uniformed, on-duty airline pilot (it happened to me) serve no useful purpose whatsoever. On the contrary, they divert valuable time and resources away from the things that could make us safer.  Let’s scale back that concourse Kabuki and retrain guards in the finer points of a more sensible, risk-based assessment of passengers and their belongings.

And lastly, if only as an aside, let’s behold for a moment the term “underwear bomb.”  That was the operative phrase in literally hundreds of articles and broadcasts over the past several days, and nowhere did it raise a snicker.  What does it say about our country, I wonder, that such a preposterous expression is instantly understood and effectively taken for granted?

Strange times indeed.

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Hiding 9/11′s last secrets

The military tribunal for Khalid Sheikh Mohammed means the American people will never know what drove him to terror

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Hiding 9/11's last secrets (Credit: Reuters//Brennan Linsley)

After a Navy SEAL team killed Osama bin Laden at his Pakistan hideout a year ago this week, it flew his body to the Arabian Sea, weighted it down, and slid it silently off an aircraft carrier into the watery depths.

For many Americans, the secret raid provided a measure of revenge and catharsis for the strikes of Sept. 11, 2001. But it didn’t provide the kind of justice and official reckoning that the country needs to gain real closure. Now the government has a chance to achieve that through a full, fair and open trial of Khalid Sheikh Mohammed and four co-defendants, so the world can finally see the evidence against him as the true architect of the attacks on New York and Washington. The trial kickoff — an arraignment for the men — is scheduled for this Saturday at the U.S.-run detention facility in Guantanamo Bay, Cuba.

This should be our Nuremburg, the defining trial of the 9/11 era and a fitting coda to it.

Unfortunately, the U.S. government appears to be on the verge of squandering this opportunity, and with it, the best, and perhaps only, chance for the public to understand not only how the attacks came to be, but why Mohammed waged a relentless war against America and how we might stop the next would-be terrorist mastermind.

The problems lie within the reformed military-tribunal system that the Obama administration put in place after losing its fight for a civilian trial in New York. Political compromises have resulted in a flawed military commissions process that from outward appearances is not only rigged against the defense, but hyper-choreographed, censored and hermetically sealed.

“The process is designed to achieve a conviction, and to do it with as little revelation as humanly possible, but with the veneer of due process and justice,’’ said one participant who said restrictive gag orders prohibited him from talking publicly. “You’re talking about the most heinous crime ever, and we’re going to afford them less due process, less discovery, less of everything than we would the guy who shoplifted a pack of gum from CVS.’’

Obama administration officials say their reformed military commissions system is a vast improvement over the Bush administration’s version, which Obama moved to shut down on his first day in office in 2009.

Defense lawyers disagree, and insist they have been hamstrung in their efforts to mount the kind of aggressive defense needed to do their jobs including full and unfettered access to evidence, witnesses and even the accused themselves.

Four of the five legal teams had so few of their key players in place in recent months that they did not file the “mitigation submissions’’ that the government said it needed to decide which of the five men should face the death penalty and other key issues, such as whether to try them together or individually. They recently filed motions asking that the charges be thrown out because of fatal flaws in the system, which they say make it impossible for them to defend their clients.

“It’s window dressing,’’ Mohammed’s defense lawyer, David Nevin, said of the government’s improvements. “I am not all satisfied that it is a fair process. In fact, it is not a fair process.’’

Many of the defense lawyers have quit out of frustration or for other personal reasons stemming from the many delays in the process. Only a few have been there long enough to even begin to understand their clients’ case, not to mention the convoluted military commission process.

And they say they will be unable to effectively challenge confessions obtained when their clients were coercively interrogated in the CIA’s black site prisons, if they can broach the subject at all. This is important for the four men accused of helping Mohammed with the logistics of the plot. Several claim they have been wrongly accused, tortured into confessing, or both.

It is also important with regard to Mohammed, who confessed to dozens of plots while being waterboarded 183 times, and has said he may plead guilty even before the trial begins. Few U.S. counterterrorism officials believe all of his often boastful confessions, and it is important for the public to hear what, exactly, evidence the government has with regard to what he did and didn’t do, and whom he might have been protecting.

The team of Defense and Justice Department officials overseeing the military commission process, and the presiding judge, should quickly address the defense lawyers’ complaints, or a proceeding that some call “The Trial of the Century’’ will be delayed further by legal wrangling — and forever tainted by accusations of being unfair.

A full, fair and transparent trial, above all, will benefit the public. There is much the public doesn’t know about Mohammed, including the details of how he devised the plot, convinced bin Laden to let him do it and then orchestrated it “from A to Z,’’ to use his own words. It was Mohammed who masterminded dozens of other plots and attacks, some while staying a step ahead of the largest-ever criminal manhunt.

Mohammed, not bin Laden, was the one who traveled the world as a kind of “Johnny Appleseed’’ of terrorism, establishing alliances and creating a network of cells and lieutenants that in some cases remains today. And it was Mohammed who personally recruited young jihadist prospects much like a baseball scout, many of them Westerners, tapping into their grievances to turn them to his cause.

The U.S. government has kept the details of what Mohammed did — and how and why he did it — hidden in its most classified files since his capture in Pakistan nine years ago. The government should set the record straight on that, because there is an important lesson to be learned from the largely untold tale of Khalid Sheikh Mohammed: It isn’t some monolithic group like al-Qaida that poses a continuing threat, it’s the one intelligent and energetic person who can emerge from nowhere and orchestrate a 9/11 while the world focuses elsewhere.

To that end, the government should declassify as much evidence as possible, and explain how it obtained it. It should call numerous witnesses to testify, especially since the one who has been publicly identified, Majid Khan, claims he was tortured while in CIA custody overseas.

Instead of limiting access to a few closed-circuit TVs, it should consider televising the proceedings. It should ensure that censorship is minimized, and used only to protect intelligence sources and methods, not to save the government from embarrassment. And it should let Mohammed and the others testify at length on their behalf if they so desire.

By doing so, the Obama administration will be able to say it did its best to put on the kind of civilian trial it has wanted all along, and one with a similar outcome to that of the al Qaida members charged with blowing up two U.S. embassies in Africa in 1998.

Those of us who witnessed that trial in Manhattan in 2001 saw the defendants squirm in their chairs as prosecutors introduced mountains of evidence against them. We saw eyewitnesses point the finger at the accused, and surviving victims glare at them from the pews.

We heard from the terrorists themselves, and learned a lot about why they did it, about how terrorist networks operate and about what might be done to stop people like them. And when the jury convicted them, there was no question that justice was done.

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Josh Meyer is the author, with Terry McDermott, of the new book, "The Hunt for KSM: Inside the Pursuit and Takedown of the Real 9/11 Mastermind, Khalid Sheikh Mohammed.’’

FBI heroically locks up ridiculous anarchists on May Day

Feds stop inept radicals from carrying out a plot feds helped them conceive and carry out

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FBI heroically locks up ridiculous anarchists on May DayU.S. Attorney Steven Dettelbach, left, and FBI special agent in charge Stephen Anthony walk past a map showing the location of a bridge on Ohio Rt. 82. Five men, pictured on the wall behind the map, have been arrested for conspiring to blow up the bridge. (Credit: AP/Mark Duncan)

Happy May Day, fellow travelers! If you’re not currently disrupting capitalism and/or having your wrists zip-tied for exercising your right to freely assemble, you probably read about the Federal Bureau of Investigation’s latest, not-at-all suspiciously timed terror sting. The Bureau, in an inspired bit of early-20th century nostalgia, has railroaded a bunch of dangerous anarchists. (Or “dangerous” “anarchists.”) America will not waver in the face of the Galleanist threat!

Five young men from Cleveland are now in jail, accused of plotting to “blow up a bridge in the Cleveland area,” according to the FBI’s triumphant press release/criminal complaint. As is always the case with FBI terror stings, the “sting” part involved the bureau’s informant/agent provocateur mostly inventing the plot the accused have now been arrested for. In this case, the five planned to detonate smoke bombs as a distraction as they “topple[d] financial institution signs atop high rise buildings in downtown Cleveland.” But the informant (as usual, a sketchy unnamed character with a checkered past) strongly pushed the group to seriously consider different, more extreme plots. At the end, some or all of them were going to plant C-4 on the Route 82 Brecksville-Northfield High Level Bridge over the Cuyahoga Valley National Park.

So what was initially a political action aimed at financial institutions somehow morphed into a supposed attempt to destroy or damage a piece of publicly owned infrastructure in a national park. Anarchists sure do hate bridges, and parks, I guess. (No parliament of men has the authority to designate which spaces are “national parks”! The whole world is the worker’s national park!)

The FBI’s affadavit suggests that there was never actually a serious “plot.” The gang tossed around the idea of “taking out” a bridge in order to stop people from getting to work, but they also thought maybe they could use their (pretend) C4 on a Klan rally, or a neo-Nazi organization, or an oil well, or the Federal Reserve Bank. They eventually decided to maybe sink a ship. All of their many plans were super serious and well-thought out. (“To prevent capture, he suggested getting tacks that they could throw out of the back of a car if they get in a chase.”) Eventually they settled on the bridge thing, sort of, and bought fake IEDs from the guy they already suspected was a cop.

In other words, these are a bunch of dumbasses even by the standards of amateur “black bloc” dumbasses. Do you know how I know these morons weren’t serious? They planned to download the Anarchist Cookbook and follow its notoriously awful instructions. Every experienced anarchist knows that the Feds have a mole in your group house, but these guys were mainly concerned with having someone’s “hacker friend” explain to them how bitcoins work. Without the FBI’s intervention the most damage these idiots would’ve ever caused is a broken Starbucks window. So thank god they’re off the streets, and congrats to the FBI for getting this tale of dangerous, bomb-planting anarchists onto the news broadcasts on the day of Occupy’s big May Day action.

(At least the Feds are branching out from only targeting Muslims in these ridiculous “stings.” Some day all Americans, regardless of creed or color, will have their circle of friends secretly infiltrated by a paid informant.)

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

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