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I've been watching this case closely, as it will have serious implications for radicals.
Between Jan. 6 and the inauguration, the FBI raided the apartment of a Leftist anarchist in Florida. He's now being charged in federal court for social media posts. https://www.seattletimes.com/nation-world/after-the-fbi-warned-about-far-right-attacks-agents-arrested-a-leftist-ex-soldier/
Between Jan. 6 and the inauguration, the FBI raided the apartment of a Leftist anarchist in Florida. He's now being charged in federal court for social media posts. https://www.seattletimes.com/nation-world/after-the-fbi-warned-about-far-right-attacks-agents-arrested-a-leftist-ex-soldier/
This activist - Daniel Baker, posted about the danger of armed fascists taking over state Capitol buildings on Inauguration Day. He created a Facebook event, calling on people to confront the right-wingers who would be making another attempted coup.
Baker is being charged with two counts of "knowingly transmitting in interstate commerce....a threat to kidnap and injure" another person, pursuant to 18 U.S.C. § 875(c). Each count carries a sentence of up to 5 years in federal prison.
The case obviously has *huge* First Amendment implications. The government's evidence is almost entirely based on things Baker posted on Facebook and other social media.
Additionally, the government appears to be relying heavily on the fact the Baker previously traveled to Rojava and allegedly joined the YPG ("People's Protection Units").
If you're not familiar with Rojava, it's a predominately Kurdish region in Northeastern Syria that is implementing a radical experiment in direct democracy within a feminist, ecological framework.
The YPG (& YPJ) have militarily defended Rojava--primarily against ISIS.
The YPG (& YPJ) have militarily defended Rojava--primarily against ISIS.
Many US citizens have traveled to Rojava to support the fight against ISIS.
The case of Daniel Baker is the first example I'm aware of where the US government has used someone's travel to Rojava as evidence to support a criminal charge.
If you know of others, please share.
The case of Daniel Baker is the first example I'm aware of where the US government has used someone's travel to Rojava as evidence to support a criminal charge.
If you know of others, please share.
The government is also citing Baker traveling to Seattle last summer to join CHAZ/CHOP as evidence in support of these federal charges in Florida.
Identifying as an anarchist or associating with anarchists is being used as evidence of a crime.
It's the kind of criminalization of ideology and association that we've seen in this country going back to the Haymarket era and the first Red Scare in the early 1900s.
It's the kind of criminalization of ideology and association that we've seen in this country going back to the Haymarket era and the first Red Scare in the early 1900s.
The case against anarchist Daniel Baker is set for trial in federal court in Florida starting May 4.
I hope mainstream, independent, and radical media cover the trial.
How the evidence is presented, the judge's rulings, and the jury's verdict will have profound implications.
I hope mainstream, independent, and radical media cover the trial.
How the evidence is presented, the judge's rulings, and the jury's verdict will have profound implications.
Takeaways from this case for Leftist activists:
1. Be careful what you post on social media.
2. Don't advocate for the federal government to have *more* laws and *more* resources to prosecute political activists.
1. Be careful what you post on social media.
2. Don't advocate for the federal government to have *more* laws and *more* resources to prosecute political activists.
As to your online posts being used against you in criminal court: The First Amendment does exist. And it does matter. But your online posts can and will be used against you.
If you're posting about your radical political activity and you're exaggerating, or bragging, or making jokes, that's gonna sound bad when taken out of context.
If there's an innocent explanation, that's not how law enforcement or the courts are likely to interpret it.
If there's an innocent explanation, that's not how law enforcement or the courts are likely to interpret it.
I've had cases where social media posts and private messages have been damning evidence in political cases.
Trust me when I say incendiary political comments meant as jokes sound bad taken out of context.
The "LOL" lands differently when read by a prosecutor.
Trust me when I say incendiary political comments meant as jokes sound bad taken out of context.
The "LOL" lands differently when read by a prosecutor.
As to the takeaway that we should not be advocating for the Feds to have more power to prosecute political activity, I'm going to sound like a broken record, but:
WE DON'T WANT MORE LAWS AGAINST "TERRORISM."
WE DON'T WANT MORE LAWS AGAINST "TERRORISM."
In the days and weeks following the Jan. 6 Capitol riots, there were calls for laws against "domestic terrorism."
Yet, instead of going after the fascists who killed cops and attempted a coup, the FBI kicked in the door of Daniel Baker, an anti-fascist who posted on Facebook.
Yet, instead of going after the fascists who killed cops and attempted a coup, the FBI kicked in the door of Daniel Baker, an anti-fascist who posted on Facebook.
The federal government has plenty of laws, resources, and tools at their disposal to prosecute "political extremists."
They have made it clear that they will use those tools to disproportionately target political radicals on the Left. Not fascists on the Right.
They have made it clear that they will use those tools to disproportionately target political radicals on the Left. Not fascists on the Right.
If you want to support Daniel, you can write to him at this address.
Standard rules apply: Do not say anything potentially incriminating, do not talk about the facts of his active case.
If you’ve never written to a political prisoner before, there are some available guides... https://twitter.com/FL_Abolition/status/1356661093939220482
Standard rules apply: Do not say anything potentially incriminating, do not talk about the facts of his active case.
If you’ve never written to a political prisoner before, there are some available guides... https://twitter.com/FL_Abolition/status/1356661093939220482
For example, @nycabc puts out an excellent guide of political prisoners in the US. Pages 20-23 talk about things to keep in mind when writing a political prisoner:
https://nycabc.files.wordpress.com/2021/03/nycabc_polprisonerlisting_mar2021.pdf
https://nycabc.files.wordpress.com/2021/03/nycabc_polprisonerlisting_mar2021.pdf
This is a great article by @BMarchetich for @jacobinmag about the Daniel Baker case.
Marcetic details the political statements the government is using as evidence and names the threat that the Left faces by “anti-terrorism” policies. https://jacobinmag.com/2021/01/Daniel-baker-florida-case-fbi-capitol
Marcetic details the political statements the government is using as evidence and names the threat that the Left faces by “anti-terrorism” policies. https://jacobinmag.com/2021/01/Daniel-baker-florida-case-fbi-capitol
There are a number of pending federal cases that like Daniel Baker's case, raise concerns around the government using social media posts as the basis of criminal charges.
A notable example is the case of Loren Reed in Arizona. Follow @TucsonARC for info https://www.aljazeera.com/news/2021/1/19/holdindigenous-man-faces-10-years-for-facebook-comments-during-b
A notable example is the case of Loren Reed in Arizona. Follow @TucsonARC for info https://www.aljazeera.com/news/2021/1/19/holdindigenous-man-faces-10-years-for-facebook-comments-during-b
These kinds of cases are not new. During the last wave of protests against anti-Black racism, there were similar examples of federal charges based on social media.
For example, Isaiah Beavers was sentenced to 15 months in prison for Facebook posts. https://wsbt.com/news/local/south-bend-man-sentenced-15-months-after-threatening-violence-against-police-on-facebook
For example, Isaiah Beavers was sentenced to 15 months in prison for Facebook posts. https://wsbt.com/news/local/south-bend-man-sentenced-15-months-after-threatening-violence-against-police-on-facebook
As an update on the Daniel Baker case, the case is set to go to trial this Tuesday, May 4.
The government and defense have been litigating what evidence and testimony the judge should allow. The government will rely heavily on social media photos. https://www.wctv.tv/2021/04/29/pre-trial-hearing-for-daniel-baker-includes-rulings-on-expert-witnesses-evidence/
The government and defense have been litigating what evidence and testimony the judge should allow. The government will rely heavily on social media photos. https://www.wctv.tv/2021/04/29/pre-trial-hearing-for-daniel-baker-includes-rulings-on-expert-witnesses-evidence/
