A legal defense fund for the journalist Barrett Brown is suing the Justice Department, accusing Brown’s prosecutors of abusing their power by monitoring anonymous political contributions to the fund.
After Brown was arrested in 2012 for work related to hacks on intelligence contractors, a San Francisco-based systems administrator named Kevin Gallagher launched the website Free Barrett Brown, which crowdfunded tens of thousands of dollars for Brown’s legal defense.
Free Barrett Brown is now defunct, because Brown was released to a halfway house in November. But the group on Tuesday challenged the legality of a 2013 subpoena that it says violates their donors’ First Amendment rights to anonymously support political causes. The subpoena was sent to the host of the crowdfunded legal defense fund, directing it to send “any and all information” pertaining to the legal defense fund to the FBI.
“The subpoena claimed that the information it requested would be used at the trial of the jailed journalist. However, the identities of, and the amounts donated by, the journalist’s supporters are completely irrelevant to the charges levied against the journalist,” the group says in its filing. Indeed, no such information was presented at trial. The real purpose was to “unlawfully surveil the donors in violation of the First Amendment,” the suit says.
“Learning that these records were sought and obtained was highly unsettling,” said Kevin Gallagher, Free Barrett Brown’s former director said in a statement. “If we don’t send a message to the government that it’s not okay to target private legal defense efforts, then they will continue to get away with these sort of things.”
“The donations were acts of political expression, showing the donors’ frustrations with what they perceived to be government bullying and prosecutorial overreach,” the lawsuit said. “Donations made in support of litigation are protected by the First Amendment. The donors violated no law by sending money to support Mr. Brown’s legal defense, and instead were exercising their constitutionally protected rights.”
Brown was arrested in 2012 for his reporting related to two major hacks against intelligence contractors by a group sympathetic to the hacker-activist collective Anonymous. One — against the firm HBGary Federal — revealed a plot to target and smear liberal reporters, labor unions, and WikiLeaks defenders.
Federal prosecutors initially saddled Brown with fraud charges, which could have given him a 100-year sentence, all because he shared a link to documents taken in the hacks that contained credit card numbers. Those charges were eventually dropped, but Brown was sentenced to five years in prison, mostly due to his threatening an FBI agent in videos posted on YouTube.
In 2016, Brown won a National Magazine Award for his column in The Intercept, the Barrett Brown Review of Arts and Letters and Prison.
Top photo: The Department of Justice headquarters building in Washington.
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https://www.cato.org/events/stingrays-new-frontier-police-surveillance
I was a small contributor to the Barrett Brown fund. I wonder if any other contributors experienced stolen IRS refund money. I do not believe the MSN stories about this being perpetrated by prisoners on prison computers. After falling 3 years behind on paying me my modest refunds, the IRS has now provided me with a special code for my past 2 filings. I once read that in the USA the preferred method of control is to hurt dissidents financially. If that doesn’t work then imprisonment. Of course elimination is the final resolution. In a few special cases where it can send a message to many dissidents, like reporters who report truthful facts of powerful corruption, they may skip a stage or two. Examples Michael Hastings and Barrett Brown.
I made an anonymous donation too for Barrett late last year. They have my email already:
https://twitter.com/BerlinClock/status/787730082026622976
Maybe I should kick ass and take names…
Well written and informative article, yet the title of this article illustrates the utter bias of the Intercept. It was the Obama Administration and his DOJ that pulled this authoritarian move — yet Obama’s name never appears in the article.
This is how the liberal snowflakes at the Intercept write. If Trump had illegally monitored donors of whistleblowers, the Intercept would be ranting:
Barrett Brown Defense Fund Accuses PRESIDENT TRUMP of Illegally Surveilling Its Donors
Usually when the Obama administration did wrong, the Intercept would blame it on the EPA or the Justice Department or the NSA … they would hide Obama’s name; yet now authoritarian actions by the executive branch are headlined around Trump to make him appear as pure evil that followed the ‘good’ Obama.
poorly written
“The subpoena claimed that the information it requested would be used at the trial of the jailed journalist.”
i thought he was released. and yet what, there is another trial to take place? So they released him and are re-charging him?
Perhaps this is an update for those thoroly immersed in the situation.
I donated openly under my real name to Barrett Brown’s defense fund. If Mr. Gallagher has proof I was placed under surveillance because of it, I would appreciate it if The Intercept could facilitate Mr. Gallagher or his attorneys contacting me.
go get’em!
I’ll second that.
Under the watchful eye of Saint Obama…
I don’t even see this as a matter of government surveillance so much as a matter of the economic separation of society into Gods and nobodies. I mean, we have a system where every time you try to collect money, or publish a news magazine, or do anything else, it depends on having a place assigned to you by some big computer run by some fabulously rich corporation which has the absolute inalienable right to spy on you, deny you service without warning, and if they feel like it, hand over data when requested by subpoena. Because a few people have all the money and everyone else is a shit-stain on the information highway trying to justify their existence because they might dribble out the last of what money they’ve been allowed to have. And then, well, you can go argue with the government they shouldn’t have asked. The freedom is already lost – the suit is just part of a process of internalizing it.
If we want to talk about COINTELPRO in relation to the Barrett Brown case, well, first we must do some research – go to Google, and enter:
Stratfor hack FBI informant
This turns up fascinating material with a strong smell of COINTELPRO-type activity. Yes, that’s how Barrett Brown was set up and sent down; linking to the Stratfork hack data followed by FBI harrassment and a biased judicial process. Nevertheless, three cheers for Barrett Brown!
This is highly similar to other FBI activities over the past few decades; using informants to infiltrate environmental groups and encourage their members to engage in violence (in exchange for sexual favors, in one case), or the terrorist recruitment program (in which informants have encouraged Muslims to commit acts of violence). Creeps and thugs. No, I don’t want to work for you! Really? Work, for you? Ha ha ha ha! Pull the other one, it has got bells on.
One thing I’d like to say to Barrett Brown:
Thanks for the inside view of the federal prison complex, it’s very enlightening. My immediate inclination was to compare-and-contrast your description with the Russian prison complex as described in “Don’t Trust Don’t Fear Don’t Beg”, by Ben Stewart.
http://www.alternativesjournal.ca/community/reviews/dont-trust-dont-fear-dont-beg-extraordinary-story-arctic-thirty
Here’s how the Greenpeace detainees were welcomed by the other prisoners – an educational note:
Here’s another nice feature of the Russian prison complex:
Wouldn’t it be great if internet commentators followed that rule? Although when you have to share a cell with people, it’s probably wiser to be polite. Food for thought? Here’s another interesting feature of the Russian prison complex, one that could be imported to the United States:
One of the reasons killer cops and dishonest prosecutors and dirty federal agents from outfits like the FBI and DEA and ATF tend to avoid prison time is that judges worry about their fate in prison; they’d be hated by everyone. However, if you set up segregated prison units for such people, the justice system might be more willing to throw them in jail. Great idea, isn’t it? Works for the Russians, apparently.
Here’s some more good advice:
Funny. . . Here we are in the land of liberty and freedom, with the world’s largest prison population, by any measure. What your feeling right now? It’s called cognitive dissonace.
exactly. When a country like the US is run by criminal wallstreet thieves and protected by a corrupt courts and the like, they grow concerned about friendship between the peoples of Russia and the peoples of the US as some cross cultural learning may take place and suddenly people might get ideas about what works and what doesnt and how they are being robbed by the criminal thieves on wallstreet who falsify valuations to loot the future earnings and productivity of all Americans.
Of course their worry is founded on things that happened shortly after 1929 when their fraudulent valuations collapsed because the drained cash flow was not allowed to be the support it should be. And so it shall happen again.
So Alex,
Has a Barret Brown legal offense fund been established yet? If so, is it wise to depend on PayPal to donate?
Will we be hearing directly from Barret himself anytime soon? Now that Barret is out of prison, I would like to hear more of his prison anecdotes (as he probably has to pull his punches a bit when speaking of his fellow inmates).
thankyou Aelx. VERY important article, just need a little clarification. With a little help from Doug & RJ i read…
Again, this topic is a very important issue. My research shows that govt and wallstreet attorneys are using the courts as weapons against oppostion and competition and i want to understand how bad the trampling and intrusions have become.
thank.
Out in November but he doesn’t call, he doesn’t write…
What… halfway houses aren’t a source of interesting anecdotes?
But seriously, if the subpoena was sent to the host in 2013, when did the plaintiffs learn about it?
When were donors notified?
If you care, do the right thing, help out. The clamp down may be sooner than you think.
Think you guys need a little work on your comprehension level. On the subject matter, we no longer live with a right to privacy. This is just one more example of our crumbling constitution.
Yes, very difficult to follow.
You fund a cause that is against the Govt, and you don’t expect to be monitored?
Kinda naive?
Indeed. Kind of like expecting that people would be secure in their homes, persons, and effects against unreasonable searches and seizures.
Ouch. That dastardly Constitution thwarts the right-wing wackos yet again …
The Big Government hyper-state promoting, restrictive, nannying progressive left that joyfully robs taxpayers to fund police state; and sends Annise Parker to subpoena church sermons; and rallies Emanuel, and Menino, and the dimwitted Cuomo to try to officially prevent Hobby Lobby and Chick-fil-A from there jurisdictions; and demands regular tribute to ‘health’ mafia from everyday citizens–under the muzzle of state firepower–…has the audacity to talk about the Constitution to a liberty- and freedom-loving and right wing.
Our founding “Dads” were pretty visionary … I’m sure they had the Ayn Randians (fearfully) in mind when they wrote the Constitutions the way the did … the modern critique is that they actually didn’t go far enough in the direction of democracy … opting to favor the rich (Hobby Lobby and Chick-fil-A owners) over the common man …
Actually, this boils down to a first amendment issue
wow. important! BUT – difficult to follow. right off the bat i am lost.
“But the group on Tuesday challenged the legality of a 2013 subpoena that it says violates their donors’ First Amendment rights to anonymously support political causes. ”
THE GROUP? refering to what?
it? do you mean the subpoena or the group
i stopped reading at this point because i dont like guessing.
i have not a lot of background on the who or whats so plz understand.
thank you.
there is nothing grammatically incorrect or ambiguous in the sentence you quoted.
what “group”?
it?
i am not going to start pulling teeth here
ps- i have difficulty following prepositions, call it a handicapp
call what a handicapp?
The group was Free Barrett Brown, no longer in existence because Brown is out of prison. But I wonder, if the group is defunct, how did it challenge the legality of the subpoena?
@RJ Steele thank you
Doug, thank you
i think i can piece this together now.
@The Colonel
my handicapp, unregistered prepositions cause me to lose the picture and comprehension 0’s out. like a ram crash.
ie – the website Free Barrett Brown, which crowd-funded tens of thousands of dollars … Free Barrett Brown is now defunct,
oh, the website is down and the group that hosted it is no longer but .. was sent to the host of the crowd-funded legal defense fund,
oh, which is defunct.
really.
my handicapp is that if i note a
sorry, i was kidding about calling “it” a handicap. ;-)