The Republican National Convention (RNC) wrapped up Thursday night with a sharp escalation in brutal arrests outside the Xcel Center in St. Paul, MN — and a still small voice of resistance inside. After being denied access to convention delegates, at least one member of the Iraq Veterans Against the War (IVAW) and two members of Code Pink were able to sneak into the Convention Center and disrupt Presidential Candidate John McCain's acceptance speech with an anti-war message. In contrast, the IVAW had some success in getting their message to Democratic presidential nominee Barak Obama in Denver, CO the week before.
Dave Mahoney — prosecutor Richard Dusterhoft's "poster child of the RNC" — was sentenced to 90 days in jail by Judge Paulette Flynn in Ramsey County Court today. With four days credit for time served plus good behavior, Mahoney will likely serve 56 days of the sentence, making his last day in jail September 2 — the one year anniversary of the Poor People's March on the RNC in St. Paul and two days before the anniversary of his arrest. Arriving in court wearing a "Defend the RNC 8" shirt and with 20-30 friends alongside, Mahoney put on a sweater before facing Judge Flynn. Speaking in support of him, attorney Bob Kolstad said that he was "honored to have been chosen to represent Mr. Mahoney," and referenced his close ties family and friends whom he said "are very dedicated to what I consider a valid cause."
In post-Katrina New Orleans, anarchist truths found fertile, if toxic grounds to take root and grow. New paths were walked on. Antiauthoritarian principles emerged as important guides for both reconstruction and the struggle against disaster capitalism. A million or more equally important stories can now be told about mutual aid, cooperation, subversion of authority, disruption of state and capitalist plans. And yet Brandon Darby's morality tale has become a media darling, due in no small part to his perfect and full adoption of his role as a state agent, regardless of whether it was official in 2006, or whether the FBI is still cutting him paychecks. We owe it to ourselves to tell these other stories of New Orleans, St. Paul and beyond. Read More
This past week, Bradley Crowder was sentenced to 24 months and David McKay was sentenced to 48 months for constructing molotov cocktails with the help and inducement of snitch Brandon Darby, which were then left in a basement and never used. After his first federal trial ended in a hung jury, Texan David McKay pled guilty in a second trial rather than letting his friend from Austin and co-defendant, Bradley Crowder, be manipulated into testifying against him.
The FBI and local prosecutors have been counting on the press and public’s RNC fatigue to be able to continue to present a clearly exaggerated, domestic security threat—a facade which nearly collapsed at McKay’s first trial. At the conclusion of the first trial, a jury of McKay’s peers could not agree to convict him—because it had become clear to several jurors that the scene they were being asked to watch had been staged for months by law enforcement. [read full article]
Brandon Darby was featured in a story on the Chicago Public Radio Show This American Life's May 22nd episode, which presents Darby's narrative and perspective on his cooperation with the FBI. This radio story has been challenged by activists from Austin, as well as by folks from New Orleans examining Darby's patriarchal behavior, and trying to put the FBI's use of informants in social movements in context.
More Info: Free The Texas 2 | BrandonDarby.com | Twin-Cities IMC: Post-RNC Court Updates
St. Paul City Attorney John Choi's record went from 1 RNC conviction to none over the weekend. Medic Sean McCoy was convicted of public assembly without a permit and levied a $50 fine earlier this year. Attorney Bruce Nestor then filed a motion for a new trial, which was granted on Friday. Nestor believes it is unlikely the state will continue the prosecution. However, in his decision (see PDF), Judge Edward Wilson rejected the argument that St. Paul's 25-person assembly ordinance is unconstitutional. Meanwhile, 17-year-old Keith Smith goes to trial at 1:30 Monday at the Juvenile Justice Center at 7th and St. Peter in St. Paul. The city appears to be prosecuting Smith, whose iconic stand (or sit) in front of police lines and subsequent injuries made headlines. Read on for more court dates coming up fast. (Photo from Crimethinc.) 
From CrimethInc.: At long last, we’ve completed our 35,000-word full report on last summer’s anarchist mobilizations against the Democratic and Republican National Conventions, complete with chronological maps and painstaking documentation. Updated from the feature in Rolling Thunder #7 and expanded to include the complete text of thirteen different participant narratives, this report offers a comprehensive history of the preparations for, events of, and aftermath following the protests, and an analysis of their context and implications.
So the Minnesota Daily as well as Esme Murphy on WCCO are reporting a "Spring Jam Party Riot" last night at the University of Minnesota in Dinkytown. Apparently hundreds of drunken college students were involved. According to news reports, the police responded in riot gear and in force to a bonfire party in the middle of the street.
In the surest sign yet of the power of post-RNC court solidarity, Ramsey County Attorney Susan Gaertner has dropped two of four unfounded charges against the RNC 8. Caving to months and months of public pressure, Gaertner dropped one count of Conspiracy to Commit Riot in Furtherance of Terrorism, and one count of Conspiracy to Commit Criminal Damage to Property in Furtherance of Terrorism. “We are heartened by the fact that our supporters have won this concession,” said defendant Nathanael Secor. “It's taken a tremendous show of strength and solidarity over the past seven months.” Read More
Related:Breaking: Terrorism Charges Will Be Dropped | Original Story from Paul Demko/MN Independent | Press Release from Susan Gaertner Related News: Charge Against Activist Arrested at March 28 RNC 8 Event Also Dropped. See Video: RNC 8 Supporters Mobilize as Police Continue Intimidation
Dozens of Tour de Fletcher photos from photojournalist Alan Wilfahrt | Friends of the RNC 8/CRASS press release | Rowley: Prosecutor Gaertner Petitioned by Thousands to End Persecution | Letter to MPD Chief Dolan | Arizona IMC: Flagstaff Pillow Fight for RNC 8 and other targets of state repression | More photos below
Friends of the RNC 8 has called for a National Day of Solidarity with the RNC 8 on March 28, when events will be taking place nationwide. Locally, on Friday afternoon, supporters will deliver a first batch of petitions to drop the charges to Susan Gaertner's office in downtown St. Paul. On Saturday, a bike ride is planned to leave from Powderhorn Park in the morning to visit the sites of Sheriff Bob Fletcher's pre-emptive raids last August. The "tour de Fletcher" will include a stop for lunch and conclude at the site of the anti-RNC convergence center in St. Paul.
FBI Informant Andrew Clark Darst ("Panda"), thought to be the backbone of the state's case against the 8, was found guilty on assault and property damage charges in an unrelated case last week. Darst opted for a so-called stipulated facts trial, meaning the case was decided solely by judge Dan Mabley, who also found Darst not guilty on two more serious burglary charges. He'll be sentenced in Hennepin County Court on May 18. In other news from court, street medic Sean McCoy of Montana became the first RNC defendant to lose at trial last week - after beating 3 out of 4 charges. From 10 defendants and 34 charges, St. Paul City Attorney John Choi so far has only McCoy's $50 fine to show.
TC Indymedia will continue to cover the RNC Aftermath including remaining criminal cases and pending civil litigation. To watch a new trailer from the TCIMC/GBC film Terrorizing Dissent plus new exclusive footage from the September 2nd Ripple Effect concert, come to Manifestation at First Avenue on Friday night.
More News: Dave Mahoney trial set for June 1 | St. Paul wastes scarce resources for $50 fine | Two more RNC defendants acquitted; reduced charges for third | David McKay found guilty--court report from 3/17 | Macalester dorm raided in February in hunt for RNC evidence | Duluth Central Labor Body passes resolution for the RNC 8
At what was supposed to be the beginning of the retrial on Monday, Judge Davis called potential jurors to line up in the hallway, before reconsidering his position and giving the parties a night to "think it over" and argue the matter again Tuesday. The rollercoaster series of events left many feeling emotionally spent; many hoped that Davis would reject the plea and bring the matter to trial again to prove Darby's entrapment, feeling that McKay had been pressured into accepting the deal - although McKay in court affirmed there had not been any official persuasion for him to do so (but who knows?). A source close to the defense reported that at the original trial, the jury had been deadlocked at 6-6 on the question of entrapment.
Here's what happened on Tuesday: [read full article] Past HIMC Coverage: 1/29 Trial of David McKay of the Texas 2 underway in Minneapolis (ends in hung jury) | 1/6 Austin RNC Informant Brandon Darby is Provocateur Not Hero | 12/31 Brandon Darby Acknowledges working with FBI as informant in Texas 2 Case | 10/9 Police Continue Harassment of Texas Activists in Wake of RNC
UPDATE 3/17 10:30am: Judge decides to accept the guilty plea - details to follow. [Current details about entrapment dimensions coming up.] 12:50pm: Strib summary says entrapment claim dropped, McKay now held until sentencing. COINTELPRO still works, score another round for feds' provocateur playbook; pressuring multiple defendants worked for them.
UPDATE 3/16 2:50pm: No jury selection today. Potential jurors were in hallway as defense, prosecution debate plea. Judge will issue final decision on whether to accept plea at 9 am Tuesday. It is possible he may accept the plea, but seems unlikely. Important note for observers: 15 minutes before hearing, an arbitrary ruling that no backpacks will be allowed in the gallery. Don't bring a backpack! [Strib story on delay notes McKay doesn't fully withdraw prior claim he was entrapped]
UPDATE 3/16 2:15pm: Appears to be going into trial/jury selection. McKay attempts to plead guilty, but judge refuses to take the plea! [Judge may be convinced he was entrapped? Questions along these lines.]
UPDATE 3/16 9:30am: David McKay may take a plea to one charge of possession of a destructive device on Monday morning. Pressure to plea out has come from the government as co-defendant Bradley Crowder was to be subpoenaed for the first time to testify against McKay and was reportedly threatened with additional prison time (plus the Feds' credibility would be severely damaged by failing to convict him again). [Correction: It is now unknown if McKay could use an entrapment argument at his future sentencing.] All are invited to pack the courtroom at 9am Monday in a show of solidarity against dirty government tactics!
(original story below)
The retrial begins Monday March 16th, 9:00 AM, Room 15E, U.S. Courts Building, 300 South 4th St, Downtown Mineapolis. Back in early February, David McKay's first trial ended in a hung jury after more than a week of proceedings and deliberation. It is believed that the jury could not decide if FBI informant Brandon Darby's involvment qualified as entrapment -- they were concerned with the difference between "inducing" and "persuading" an action. After the case was declared a mistrial, Judge Davis, who is presiding over this upcoming trial as well, allowed David to post bond and return home to Texas for the first time since September.
Twin Cities Indymedia will be providing ongoing coverage of the McKay Re-trial. Read on for more info and other RNC felony-related news. (TXT 'follow tcimc' to 40404 to get TC-IMC Twitter court updates to your phone)
Twin Cities Indymedia coverage of January's trial. | Notes from Day 1, Day 2, | Hung Jury: McKay Free (Feb. 2) | Retrial: Statement from Twin Cities RNC Felony Working Group | Statement from Austin Informant Working Group | Free the Texas Two | Information on informant Brandon Darby
Many of us familiar with the situation and the individuals involved, in Austin and elsewhere, easily saw through the lies presented by the State and their informant Brandon Darby at the first trial. Despite the State assigning one of their top prosecutors to the case, the jury obviously did as well. Jurors could not in good conscience send McKay to prison for the alleged crimes for which the FBI and their informant bear the real responsibility.
Darby is an excellent example of the government's long history of using informants to destroy community organizing and activist groups. In reports from folks who knew him, Darby is consistently characterized as an intentionally divisive figure who escalated conflicts, fetishized violence, and often encouraged the use of force, instead of cooperation, to get things done.
According to a search warrant and first-hand account submitted to Twin Cities Indymedia, St. Paul Police executed an RNC-related raid on February 13 at Macalester College dorm room, with the cooperation of Macalester staff. Although it appears the occupant of the room was not the initial target of the investigation, political literature was seized and has yet to be returned. SPPD Sargeant Julie Maidment prepared and executed the warrant for the residence of a person with “tattoos on both arms”; the person living in the room has none.
Click here for a copy of the search warrant and below, read the first-hand account.
UPDATE 7pm: Bond was posted and McKay walked out of jail for the first time in 5 months this evening. The case of United States vs. David McKay was declared a mistrial Monday afternoon when the jury was unable to reach a verdict. McKay was granted a conditional release, provided $25,000 bail or $2,500 bond can be posted. Unless the charges are dropped, a re-trial will commence on March 16. Read More | Past Coverage: 1/29 Trial of David McKay of the Texas 2 underway in Minneapolis | Did Darby Entrap McKay? No Verdict Yet After 2nd Day of Jury Deliberations | David McKay RNC Trial Happening This Week at Federal Courthouse in MPLS
After seven prosecution witnesses and three witnesses for the defense, including McKay himself, closing arguments in the dramatic trial concluded Thursday. Since then, members of McKay's family, supporters, media and interested observers waited anxiously for a result in the lobby of the courthouse. Now they'll have to continue waiting at least until the jury resumes deliberations at 8:30 on Monday. (More details in story below.)
Day 1 | Day 2 reports from Felony Working Group - Day 3 and 4 reports to be posted this weekend | read more
David McKay’s trial began Monday, January 26, and is expected to last about a week. It is at the federal courthouse in downtown Minneapolis (300 S. 4th Street), and is expected to last about a week. Reports from the RNC Felony Working Group: Day 1 (Opening Statements) | Day 2 (Brandon Darby begins testimony)
From the Newswire: Austin Chronicle: Revolutionary to rat: The uneasy journey of Brandon Darby | Darby not inormant in NOLA [Other Articles call this into question: Did Darby play a role in repression of Angola 3? | Brandon Darby- FBI Informant & Common Ground co-founder A cofounder of the Katrina relief organization Common Ground is revealed as an FBI informant, leaving members angry — and wary.]
Corporate Press: Star Tribune | Pioneer Press
Past HIMC Coverage: Brandon Darby Acknowledges working with FBI as informant in Texas 2 Case | Austin RNC Informant Brandon Darby is Provocateur Not Hero | Police Continue Harassment of Texas Activists in Wake of RNC
The trial began on Monday with opening statements from U.S. Attorney Jeff Paulsen and McKay's lawyer, Jeffrey McGree. Tuesday morning, the prosecution began presenting their witnesses. McKay's previous co-defendant Bradley Crowder took a plea agreement earlier this month and faces 30 to 46 months. Each of the three firearms charges still faced by McKay carry a maximum of ten years in prison. Activist-turned informant Brandon Darby will likely testify later this week, and FBI informant Andrew Darst may also testify for the prosecution. On Monday, the prosecutor stated that informant Darby received over $6,000 for his services, and the he has assisted in prosecution of other cases before meeting McKay and Crowder in February of 2008.
Detailed day-by-day updates from the trial will be posted to TC Indymedia throughout the week--check back soon.
See also: Free the Texas 2
Friday morning, on the fourth day of trial, Ramsey County District Court Judge Michael Fetsch dismissed all charges against the "Wall 7," some of the first activists to go to trial in connection with the RNC. The seven activists from the Northeast were facing 4 trumped-up misdemeanor charges after being penned in with about 30 others by a Mobile Field Force and SPPD bicycle unit at 6th and Wall Streets on September 1, 2008. Read More | Wall 7 Statement | | | Related: RNC Aftermath Roundup: Reports and Courts
Commission report: The Heffelfinger/Luger commission released its nonbinding report before the St. Paul City Council last Wednesday to jeers, derision and laughter from the audience. The commission consisted mostly of ex-police and politicians, all of whom had to agree on including an item in the report, thus silencing dissenting opinions even within the commission itself. The report, available here, claimed "violent anarchists" made police attacks justifiable, but also raised concerns about the September 4 mass arrest. Read: Top 9 Myths of the RNC by Friends of the RNC 8 | Intial Reactions by Nigel Parry
In the courts: Susan Gaertner's office levied three more felony charges last Friday; funds are urgently needed for two Milwaukee-area activists now jailed. | The trial of seven northeast activists arrested at 7th and Wall is expected to begin this Tuesday, January 20, and they've requested strong court solidarity. | Earlier this month, Judge Salvador Rosas recused himself from the RNC 8 case, leaving their January 26th court date canceled. | However, several other activists are in court on the 26th, including David McKay of the "Texas 2"; reportedly, FBI informant Brandon Darby is being flown to Minneapolis to testify.
Upcoming Events: Wed. Jan. 21: RNC 8 benefit w/ Junkyard Empire at Black Dog Cafe, Lowertown | Sun. Jan. 25: Defend the RNC 8 Town Hall at Walker Church, MPLS
The "Texas 2" trial of Bradley Crowder and David McKay on weapons charges is set to begin at the federal courthouse in Minneapolis on Monday, January 26th. Many who have spoken with the accused - both still imprisoned in the Sherburne County facility where federal arrestees are held - believe McKay is cooperating with the government while Crowder is not. Both are inexperienced activists whom FBI documents show were pressured by Darby to escalate their actions, according to the Austin working group. Also on the 26th, the RNC 8 will be in court for a motion hearing and the trial of Darryl Robinson, beaten unconscious by police while copwatching last July and later charged with assault himself, is set to begin.
Writes Michelle Gross of CUAPB, "In a statement written to justify his activities as an FBI informant Brandon Darby opined, "It is very dangerous when a few individuals engage in or act on a belief system in which they feel they know the real truth and that all others are ignorant and therefore have no right to meet and express their political views." Yet this is the exact activity in which Darby engaged. Through his actions, Darby helped to create a narrative by police that activists/protesters are dangerous. That narrative allowed police to justify obscene expenditures on weaponry, touched off pre-emptive raids and detentions of people who had committed no crimes, and unleashed vicious assaults on people attempting to exercise our First Amendment rights during the RNC." (commentary continued below)
Support Info for Jan 26 TX2 trial | Darby is Provocateur, Not Hero (2nd statement from Austin) | Democracy Now! Interview | New York Times article | Sometimes You Wake Up and It's Different (1st statement from Austin) | BrandonDarby.com (anti-snitch website cataloging Darby | Letter from Darby | Snitch culture: historical examples and current proposals [ read more ]
A group of Austin activists today released their conclusions from reviewing over 70 pages of FBI documents obtained through a legal case regarding alleged actions to protest the Republican National Convention (RNC). From reading the documents, and from their own experience with him, these activists have concluded that the FBI informant Brandon Darby did not heroically intervene to stop violence. Rather it appears that he actively sought out people that he could manipulate and entrap. The two Texas men that Darby was most closely associated with during the convention, Bradley Crowder and David McKay, are accused of making Molotov cocktails and have been in jail since early September. Their trial is set for January 26. The disclosure of Brandon Darby as the informant casts further doubt on the charges against these two men.
According to the FBI's documents, Darby, posing as an activist, had been covertly gathering information for the FBI since at least February 2007, twelve months before he ever met Crowder or McKay or knew of any plans for the RNC. "As an older seasoned activist, Darby had a lot of sway over Crowder and McKay, making them susceptible to his often militant rhetoric," said Gabby Hicks, who was in St. Paul with Darby during the Convention. "He was always the one to suggest violence, when the rest of us clearly disagreed with those strategies." [read full article]
New York Times: Activist Unmasks Himself as Federal Informant in G.O.P. Convention Case | Democracy Now! Prominent Austin Activist Admits He Infiltrated RNC Protest Groups as FBI Informant | Twincities.com: Social activist, organizer ... and RNC informant | Michelle Gross of Communities United Against Police Brutality: Brandon Darby is Delusional, Self Serving and Vicious
Here's a compendium of reports from the RNC 8's scheduling hearing this past Wednesday. With the new felony charges, the 8 face a maximum penalty of 12 and a half years in prison. Their next court date is a motion hearing on January 26.
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