Activists speaking at a May 18, 2011 press conference revealed that federal agents had accidentally left behind documents during the September 2010 raids of Midwest anti-war activists’ homes and offices. Not discovered until April 30, the documents identify two activists’ trip to Colombia as the origin of the investigations and over 100 interview questions about the activists’ political activities and associations. The activists believe the documents show “willful disregard for the rights of anti-war and international solidarity activists – particularly the first amendment rights to freedom of speech and association.” Since September, 23 activists have been subpoenaed to appear before a grand jury in Chicago. None have been charged and all have refused to testify. The investigation spread to California, where the home of an activist was raided the day before the press conference.

Months after the raid took place, the FBI’s documents were found at the Minneapolis home of anti-war activists Mick Kelly and Linden Gawboy. Mixed in with their personal files, the documents include surveillance photographs of their homes, seizure and subpoena forms and an “Operation Order” saying the investigation was based initially on the activities of two activists who had travelled to Colombia. It expanded to include 16 other people on suspicion that they “provided and/or conspired to provide material support to the FARC and/or the Popular Front for the Liberation of Palestine.” Both groups are designated terrorist organizations by the U.S. government. Authorities have not made the basis of the investigations public, but many of the activists believe it is an attempt to stifle their rights of free speech and assembly.

One of the subpoenaed activists who spoke at the press conference, Jess Sundin, said the documents “confirm what I have been saying since Sept. 24 about this case. I am being targeted for who I know and what I believe, specifically for my work in solidarity with Colombia, work that has always been open, public and legal.”

Sundin said her trip to Colombia was not to provide money or weapons to FARC. “It obviously wasn’t illegal in Colombia to travel there, and I wrote about it when I got back,” she said. “It wasn’t a secret trip. … (The document) says they are looking into our travel. I don’t understand why that should be a basis for investigation of criminal activity. It shouldn’t be.”

Included among the documents were a set of questions that presumably would be used by federal agents to interrogate the activists. Many of the questions were related to their political activities and associations. Questions included:

  • “Do you have a “red” name?”

  • “What do you do with the proceeds from the Revolutionary Lemonade Stand?”

  • “Are you aware it’s illegal to give money to any part of a designated terrorist organization, even a charitable part?”

  • “Do you own a gun?”

  • “What’s your husband’s immigration status?”

  • “What do you think of terrorist groups? Do you support them?”

The Associated Press is reporting an FBI spokesman has confirmed the papers are genuine and were left behind by mistake.

According to a statement made by the activists, “the events of September 24 and the ongoing grand jury are not about ‘material support of terrorism,’ as any normal person would understand it. What is happening is this: anti-war and international solidarity activists are being targeted for practicing our rights to speak out and organize.”

In June 2010, a Supreme Court ruling in Holder vs. Humanitarian Law Project upheld a federal statute that bans “material support” to listed terrorist organizations, even if the support is aimed at turning terrorist groups away from violence. This and other adverse effects from the ruling will be explored at a panel event on June 21 at the National Press Club in Washington, DC.