Russell Means: Renegade, Patriot, Freedom Fighter

Confined to a barren prison camp in Washington, the displaced Paiute Indians were dying. The Interior Department had promised to send rations, but they never arrived. After being exposed to the elements during the winter of 1880, fifty-eight of them had died – including thirty children --  and many more were seriously ill. 

James Wilbur, the pious fraud who served as Indian Agent at Fort Simcoe, wouldn’t exert himself to see that his prisoners were cared for, and wouldn’t permit them to migrate to more hospitable surroundings.

Sarah Winnemucca, daughter of the renowned Paiute chief of the same name, had gone to Washington to lobby Interior Secretary Carl Schurz for relief. In May she returned with a written promise that the department would arrange for the Paiutes to relocate to Lovelock, Nevada, where they could at least obtain food. When she arrived in Yakima, however, Sarah was informed that Wilbur had received no instructions from Washington.

Sarah called a public meeting in which she recited, in detail, the broken promises that had been made to her. In short order Sarah was summoned to a second meeting with Wilbur, who intended to slap her down for impudently assuming that a promise to an Indian meant something.

“Your people were content here until you came back and stirred them up,” Wilbur insisted, condescendingly rebuking Sarah of “putting the devil into their heads.”

That accusation came from a well-fed hypocrite who – in the classic “Indian Ring” tradition – was growing wealthy by embezzling money and supplies promised to the pitiful, dying people over whom he presided. 

“Mr. Wilbur, you forget that you are a Christian when you can talk so to me,” Sarah chastised him, her composure barely concealing her contempt. “You are starving my people here, and you are selling the clothes which were sent to them. That is why you want to keep us here…. I say, Mr. Wilbur, everybody in Yakima City knows what you are doing, and hell is full of just such Christians as you are!”

“Stop talking or I will have you locked up!” bellowed Wilbur.

“I don’t care,” Sarah defiantly replied. “My people are saying I have sold them to you and get money from you to keep them here. I am abused by you and by my own people, too.” By this time, Sarah had become a nationally renowned lecturer and advocate of Indian rights, and she promised that she would use her formidable influence to expose Wilbur’s murderous corruption.

“From this day on,” records Dorothy Nafus Morrison in her biography, Chief Sarah, “Father Wilbur was Sarah’s unrelenting enemy.” Wilbur had previously extolled Sarah’s “noble work” and her impeccable character. Now his official reports bristled with insistent and conveniently vague references to Sarah’s “disreputable intrigues” and intimations of personal depravity. Sarah “is utterly unreliable and no dependence whatever can be placed on her character or her word,” insisted Wilbur in a communique to the Interior Department.

If Sarah had been alive and active during the 1970s, she would most likely have been described as a “militant,” an “agitator,” and quite possibly as a Communist. 

The FBI would have collected a detailed dossier on her mistakes and shortcomings – whether real, exaggerated, or invented – which would have been artfully leaked to the press. She would have been surrounded by paid informants and provocateurs who would keep her under surveillance, sabotage her campaigns, and create whatever trouble they could. 

After being arrested on spurious charges, Sarah might have found herself in federal court listening to one of the FBI’s paid perjurers describe her role in a grandiose Communist plot against the very existence of the United States.

In brief, she would have received the same treatment given to the American Indian Movement (AIM) and its most prominent spokesman, Russell Means, who died of cancer on October 22. He is most widely remembered for his prominent role in the 71-day standoff at Wounded Knee, in which a handful of poorly armed AIM activists withstood a siege carried out by a huge federal military force that intended to slaughter them. 

The AIM was, to borrow Will Durant’s phrase, a medley of discordant fragments. The same could be said of Means, who made no effort to disguise his personal shortcomings or to sanitize the troublesome aspects of his career as an activist. 

If the Soviet Union had somehow managed to invade and occupy the United States, the regime it would have imposed on the country would have differed little, if at all, from the Indian reservation system – which, let us not forget, was constructed by Carl Schurz, a German-born socialist who had been one of Lincoln’s “Red Generals” during the war against the South.

 It’s not necessary to endorse everything AIM did -- or all of the alliances it made -- in order to understand that the organization’s grievances were entirely legitimate. Given that AIM’s objective was to liberate people living in America’s equivalent of the gulag archipelago, it’s reasonable to characterize it as a militant anti-Communist group. The role played by the FBI, on the other hand, was quite similar to that played by the Soviet Cheka in dealing with independence movements within the nations subsumed into the USSR. 

“They are a conquered nation, and when you are conquered, the people you are conquered by dictate your future,” declared Norman Zigrossi, a high-ranking FBI special agent in Rapid City, South Dakota, in 1977. “This is a basic philosophy of mine. If I’m part of a conquered nation, I’ve got to yield to authority.” The proper role of the FBI in “Indian Country,” according to Zigrossi, was that of a “colonial police force.”

Protecting the lives and property of Indians was not a priority for the American Cheka. In 1972, when an Oglala man named Raymond Yellow Thunder was tortured and murdered by two white men in Gordon, Nebraska, the local police refused to pursue the case, and the FBI couldn’t be bothered to intervene. So Means and his AIM colleague Dennis Banks organized a protest of more than 1,000 Indians from nearby reservations, who converged on Gordon and “occupied” it until local authorities arrested and prosecuted Yellow Thunder’s killers. 

It was this act of “Communist agitation” – that is, a demand that the laws be faithfully and equitably enforced – that prompted the FBI to make AIM a target of its COINTELPRO initiative. Secret police informants and provocateurs began to infiltrate the movement. One of them, a sociopathic former cop (and likely wife-murderer) named Douglas Durham – would organize some of the most notorious “militant” activities carried out in the name of AIM.

“Durham’s history as a blackmailer, thief, and cheat was readily available to the FBI from the Des Moines police, which in the 1960s had dismissed him from the force; a police psychiatrist had diagnosed him as a `paranoid schizoid’ personality with `violent tendencies’ and termed him `unfit for employment involving the public trust’ after the unexplained death of his first wife in 1964,” recalls Peter Matthessien in his book In the Spirit of Crazy Horse.

Durham, the psychiatrist concluded, was “unable to tell right from wrong.” While I withhold judgment regarding the merits of psychiatry as a discipline, it’s reasonable to conclude that this particular diagnosis was quickly and amply validated.

 In 1972, Durham was identified by a Des Moines grand jury as the “major culprit” in a police corruption scandal involving a sportswear theft ring: Durham, working undercover at a factory, would steal clothes that were fenced by his comrades on the police force. In the same year he was convicted of extortion on behalf of the Mob, but the conviction was thrown out by an appeals court, which ruled that the case had been tried in the wrong venue. In any case, by this time Durham was safely in the employ of the FBI. 

During his September 1976 testimony before the Senate Judiciary Committee’s Subcommittee on Internal Security, Durham described the AIM as a domestic salient of a Communist-backed insurgency devoted to subverting American independence (and, for all we know, sapping and impurifying all of our precious bodily fluids). Durham wasn’t the only FBI sock puppet who was used to depict AIM as a cadre of “Red Indians.”

During the 1974 trial of Means and Banks on charges arising from the 71-day standoff at Wounded Knee, the prosecution called a “surprise witness” named Louis Moves Camp, a 22-year-old who had been expelled from AIM because of problems involving alcohol and drug abuse. 

Speaking from the witness stand in a federal courthouse in St. Paul, Minnesota, Moves Camp “offered testimony in support of the FBI’s cherished belief that the international Communist conspiracy was somehow behind AIM; he declared that agents from Russia, China, and Czechoslovakia had attended the first meeting of the AIM-sponsored International Indian Treaty Council” a few months earlier, recounts Matthiessen. 

The first problem with Moves Camp’s testimony – which was almost certainly scripted by FBI agent David Price – is that the defense was able to document that he was in California at the time of the alleged events he described. He was also awaiting trial for robbery, assault with a deadly weapon, and assault causing bodily injury. 

A few days before his testimony, Moves Camp went “bar-hopping” across the border in River Falls, Wisconsin with Price and another FBI agent named Ronald Williams. After the sozzled Feds retired for the evening, Moves Camp took a high school-age girl to a remote location and raped her. The agents arrived at the River Falls jail, flashed their credentials, and freed their informant. Although Moves Camp wasn’t prosecuted for that assault, within a year he was tried and convicted on a second rape charge.

Such was the character of a young man expelled by AIM – and eagerly embraced as a star witness by the FBI.

Most of the WoundedKnee-related counts against Means and Banks were thrown out, and the juryacquitted them of a single charge of “conspiracy.” Before dismissing the case, Judge Alfred Nichol lambasted the FBI and the prosecution for well over an hour.

“The fact that incidents of misconduct formed a pattern throughout the course of this trial leads me to the belief that this case was not prosecuted in good faith or in the spirit of justice,” Nichol observed. Tellingly, he also condemned the “unlawful military involvement at Wounded Knee” during the 71-day standoff. “We don’t want the military running the civil affairs of this country, or having anything to do with the execution of the laws,” the judge pointed out. 

Preparing for a massacre: U.S. Army APCs at Wounded Knee.

 The Wounded Knee occupation was a protest against the lawlessness that prevailed on the Pine Ridge Reservation under the rule of Dickie Wilson, the extravagantly corrupt, federally installed tribal dictator. Wilson’s “Tribal Council” – a festering puddle of nepotistic corruption -- was sustained by an officially sanctioned death squad called the Guardians Of the Oglala Nation (or GOONs), which routinely harassed and beat the ruler’s critics while doing nothing about the scores of unsolved violent crimes committed on the reservation each year.

Wilson was of use to the Feds because of his willingness to defy treaty law to turn over tribal lands to government-favored mining and industrial interests. When AIM protesters rallied at Wounded Knee to protest Wilson’s administration and demand the recognition of rights guaranteed by treaty, the dictator sent the GOONs to surround them. Playing to the most credulous element of the public, Wilson insisted that “There is no doubt that Wounded Knee is a major Communist thrust” and he promised to annihilate the dissenters. Given the pandemic violence that had characterized Wilson’s reign, that threat was entirely credible.

Means, the supposed ringleader of the purported Communist cabal, depicted the standoff in terms that resonated with the ideals of 1776, rather than the ideology of 1917:

“This is our last gasp as a sovereign people. And if we don’t get these treaty rights recognized, as equal to the Constitution of the United States – as by law they are – then you might as well kill me, because I have no reason for living. And that’s why I’m here in Wounded Knee, because nobody is recognizing the Indian people as human beings…. We haven’t demanded any radical changes here, only that the United States Government live up to its own laws. It is precedent-setting that a group of `radicals,’ who in the minds of some are acting outside the law, are just in turn asking the law to live up to its own. We’re not asking for any radical changes. We’re just asking for the law to be equitably applied – that’s all.”

“I’m not going to die when I walk into Pine Ridge and Dickie’s Goons feel I should be offed,” Means concluded. “I’m going to die fighting for my treaty rights.”

The FBI was eager to grant Means the honorable death he envisioned. After the GOONs had surrounded Wounded Knee, the U.S. government mobilized the largest domestic military deployment since – well, since the last time the Feds set out to slaughter Indians at the same location. 

Armed FBI agents, U.S. Marshals, SWAT teams, and federally supervised GOONs formed an iron ring around the village. Colonel Vic Jackson, head of the Pentagon’s Civil Disorder Management School, was tapped by the FBI to implement “Operation Garden Plot,” a martial law blueprint (one that still exists, in some form, today). The FBI envisioned a scenario in which the Army would invade and “pacify” the village before the FBI went in to “arrest” whoever might survive the onslaught. Armored Personnel Carriers were on hand to deal with what were described as “bunkers” (and were, in fact, root cellars). Phantom F-4 jets flew low-altitude reconnaissance runs over the town.

“For seventy-one days, a few hundred men, women, and children, supplied by volunteer airlifts -- and by sympathizers who slipped in and out during the night – had challenged a large paramilitary force abetted by hundreds of short-haired vigilantes, red and white, who were eager to wipe out the `longhair troublemakers,’” Matthiessen recounts. “For Dick Wilson’s men, the threat posed by the occupation of Wounded Knee was economic: under an Independent Oglala Nation, the Tribal Council and its dole would end.” 

The FBI clearly intended to annihilate AIM at Wounded Knee. At one point, the Bureau ordered the media to leave the area and then warned the occupiers to send out their women and children. The anticipated massacre might well have been thwarted by the presence of local white residents whom the FBI called “hostages” – many of whom voluntarily stayed behind to protect their supposed captors from the Feds.

“The fact is, we as a group of hostages decided to stay to save AIM and our own property,” explained Wilbur Reigert, an elderly resident of the village. “Had we not, those troops would have come down here and killed all of these people. The real hostages were the AIM people.”

A little more than two months after the siege began, mainstream public opinion was turning in favor of AIM. During the standoff, the Feds threw several hundred thousand rounds of ammunition into the village. Two of those rounds killed AIM supporters, and another left a third paralyzed. A cease fire agreement was reached. The White House agreed to review violations of Indian treaties, and investigate civil rights abuses on the reservation. In addition, the Justice Department would audit Wilson’s official accounts. The Feds made those promises with glib insincerity that characterized all of their dealings with the Indians, and displayed the familiar insouciant disdain in violating them.

Hundreds of AIM supporters were prosecuted after Wounded Knee; nearly all of them were either acquitted or saw the charges dropped. The FBI escalated its covert war against the group, fomenting internecine squabbles, abetting the worst instincts of some of its members, and in several cases facilitating outright murder. 

In 1975, another paramilitary invasion of the Pine Ridge Reservation – complete with helicopters and fixed-wing aircraft, a chemical warfare team, snipers, and SWAT operators -- occurred after two FBI agents were killed in a shoot-out. After fleeing to Canada, Leonard Peltier – the chief suspect in the killings -- was extradited on the basis of what a federal court later admitted was perjured testimony. Peltier was convicted of murder and imprisoned for life. The evidence presented against Peltier was identical to the case made against two of his associates who had been acquitted of all charges. 

Jack Coler and Ronald Williams, the FBI agents who died in the shoot-out have been beatified as heroes and martyrs – but nobody has ever explained why they were on the reservation in the first place. The agents were supposedly on the reservation to arrest a young man named Jimmy Eagle for stealing cowboy boots after a drunken fight. 

Why would the Feds be involved in investigating such a petty crime after years of ignoring murders, rapes, and rampant police brutality? One possible answer to that question is found in the fact that the day before the shootout, Dickie Wilson had turned over a large, mineral-rich tract of the reservation to federal control, in violation of the 1868 treaty. This suggests the possibility that the Feds were looking to create a pretext for a paramilitary raid intended to clean out any remaining opposition to Wilson’s junta. 

Means dissociated himself from AIM in the late 1970s. Over the next two decades he became a successful film actor and, much more importantly, a passionate and eloquent exponent of the non-aggression ethic.

In a singularly graceless obituary of Means, a reliably foolish and incurably ill-informed commentator accused the Indian activist of fomenting Communist revolution and seeking to establish “a foreign entity within our nation’s borders.” 

That statement is a glistening nugget of unalloyed stupidity. Means, who was not a “foreigner” in any sense of the word, wasn’t seeking to destroy the United States; he insisted on claiming the rights promised to his ancestors in treaties that were made pursuant to the authority (such as it is) of the U.S. Constitution. Failing that, he emulated the patriots of America’s founding era by asserting independence from a distant and irremediably corrupt central government. 

I will grant that the largely notional “Independent Republic of Lakotah” created by Means is a “foreign” entity, in this sense: It aspires to be a polity based on sound money, honest commerce, and peaceful cooperation. It’s difficult to see how this is the fruit of “Marxist militarism.”

“What’s happening in my country is also happening in your country,” Means warned Americans of all backgrounds shortly before his death. “You don’t even know it, but you’re the Indians of the 21^st Century, and that’s very sad.” 

Russell Means never believed that he had a “patriotic” duty to consider himself part of a conquered people and therefore subject to the whims of his conquerors. What American worthy of the name would? 

Video extra

Although this presentation is a bit heavy with collectivist tropes, it does offer a very good overview of the Federal Government's war against the Plains Indians: 

A quick personal note: 

In the interests of full disclosure I should acknowledge that my perspective on Means and the AIM has changed dramatically over the past decade -- as a quick examination of chapter six of this book will demonstrate. 

 Dum spiro, pugno!

Bruce Jessen: The Torturer in the Pulpit

Pious torturers at work: Bruce Jessen's medieval antecedents waterboard a religious "extremist."

 As a newly appointed ecclesiastical leader in Spokane, Washington, Bruce Jessen would have the opportunity to baptize new converts. He would also be expected to interview them regularly to evaluate their understanding of the church’s teachings and their fidelity to its precepts. Given Jessen’s background, the possibility exists that he might use the baptismal font as a theater for “enhanced interrogation” of those who give him unsatisfactory answers. 

Before becoming a Mormon Bishop -- a position from which he may have already resigned -- Bruce Jessen was a torturer in the employ of the CIA. Beginning in December 2001, he helped reverse-engineer the U.S. military’s Survival, Evasion, Resistance, and Escape (SERE) training in order to develop torture protocols used to “break” and “exploit” detainees.

Beginning in 2002, Jessen – working with a fellow military psychologist named James Mitchell – trained interrogators in the use of those techniques. Jessen also supervised, and performed, the torture ritual called “waterboarding,” a form of controlled suffocation through simulated drowning that was treated as a capital war crime when used by Japanese interrogators against U.S. and allied POWs during World War II. 

The approach devised and taught by Jessen was “based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War,” explains a 2009 report by the Senate Armed Services Committee. The objective was not to obtain sound intelligence, but rather to destroy the detainee’s will. 

This is very useful to interrogators ordered to provide “intelligence” that will ratify the desires of the ruling elite. One splendid example of this was the torture-wrought “confession” offered by Ib al-Shaykh al-Libi, who claimed to have information linking Saddam Hussein to al-Qaeda. Al-Libi (who later died of “suicide” in a Libyan jail during that brief period when Khadafy was an “ally”) actually knew nothing of the sort, but was understandably eager to give his interrogators what they sought in exchange for an end to the torture.

Ethiopian-born British citizen Binyam Mohamed, who was abducted by U.S. officials and imprisoned at a CIA “black site” in Morocco, was also ministered to by interrogators instructed in Jessen’s doctrine, led by a sadist called “Marwan.” 

After being freed following several years in the bowels of the American-run torture archipelago, Mohamed described how Jessen’s disciples broke him:

“`Strip him,’ shouted Marwan. They cut off my clothes with some kind of doctor’s scalpel. I was naked. I tried to put on a brave face. But maybe I was going to be raped. Maybe they’d electrocute me, maybe castrate me. They took the scalpel to my right chest. It was only a small cut, maybe an inch. At first I just screamed…. I was just shocked…. Then they cut my left chest. This time I didn’t want to scream because I knew it was coming.”

Marwan, angered by the resolution displayed by the captive, ordered the fiend with the scalpel to “go ahead with the plan.”

“One of them took my penis in his hand and began to make cuts,” Mohamed recounts. “He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming.”

This procedure was carried out dozens of times. One of Mohamed’s captors taunted him, suggesting that he should be emasculated since “I would only breed terrorists.”

The “scalpel treatment” was inflicted on Mohamed on a monthly basis, reports Stephen Grey in his book Ghost Plane. “It was carefully controlled, so the wounds would not be too deep and would not leave permanent marks. In the end, [Mohamed] told his guards: `I will sign anything, confess to anything.’”

To use Jessen’s terminology, Binyam Mohamed had been successfully “exploited.” For months his interrogators had demanded information about an American citizen named Jose Padilla, someone whom Mohamed had never met and whose name he had never heard. After months of being hung by his wrists, beaten with a leather strap, and having his skin flayed by experts, Mohamed finally provided the CIA’s surrogates with the “evidence” the Bush administration demanded. 

Padilla, a former gang-banger with no operational connections to al-Qaeda, was labeled an “unlawful enemy combatant” – the first U.S. citizen thus designated – and confined to a military brig without legal recourse for roughly four years. During that time, Padilla received the full Jessen Treatment -- sensory deprivation, sleep disruption, stress positions, death threats, prolonged isolation in a medieval-quality cell.  

As noted in a lawsuit filed on Padilla’s behalf, the purpose of this regimen was “to destroy Mr. Padilla's ordinary emotional and cognitive functioning in order to extract from him potentially self-incriminating information.”

Despite the Bush administration’s insistence – buttressed by the “testimony” extorted from Mohamed – that Padilla was involved in a “dirty bomb” plot, he was never charged with that offense. In a Soviet-grade federal trial, Padilla was eventually convicted of conspiring to “support” terrorism abroad. The key evidence in that trial consisted of transcripts of innocuous conversations in which government “experts” claimed to find “coded language” regarding terrorist activities. 

After Mohamed had signed a document implicating Padilla, he was sent to Guantanamo. During his flight on a CIA-chartered rendition plane, he was attended by an operative he described as “a white female with glasses.” When she removed Mohamed’s shirt, the CIA officer was horrified to see that most of his upper body was covered with scars carved out by the agency’s scalpel-wielding subcontractors.

“When she saw the injuries I had, she gasped,” Mohamed later recalled. “She said, my God, look at that. Then all her mates looked at what she was pointing at, and I could see the shock and horror on their faces.”

The chief opposition to the torture program devised by Jessen and Mitchell came from their former colleagues in the military – including some who had been involved with them in teaching SERE courses in the 1980s. They were understandably concerned that the practice of torture would inspire retaliation against captured U.S. servicemen and incite future acts of terrorism against the U.S. With institutional support for their program collapsing, and public revulsion on the rise, Jessen and Mitchell requested from the CIA – and received – an “indemnity promise” guaranteeing them at least $5 million to pay any legal fees arising from criminal prosecution or a civil lawsuit.

 They needn’t have worried. None of the U.S. officials responsible for institutionalizing torture has ever been prosecuted or punished in any way. That treatment is reserved for critics of the torture program. This includes former CIA counter-terrorism operative John Kiriakou, who recently entered a guilty plea on a single charge of revealing the identity of an intelligence operative. His supposed offense – for which he was originally charged under the 1917 Espionage Act, which provides for the death penalty – was to speak critically of the torture program and identify one of the officials involved in it.

Kiriakou, who is one of six officials being prosecuted by the Obama administration for “leaking” information about the government’s crimes, accepted a plea bargain because he has five children. That fact, to use Jessen’s terminology, made him “exploitable.” Accordingly, while the architect of the torture program was given the opportunity to hold forth from a pulpit, a whistleblower will spend at least two and a half years in prison. 

(Note: This essay has been edited to reflect the news that Jessen may have resigned as Bishop.) 

Dum spiro, pugno!

A Commissarina Rises: Wendy J. Olson's Reign of Terror

The Commissarina and her Cheka: U.S. Attorney Wendy Olson (center) at a May 10 Press Conference.

As the financial manager of the West Coast Auto Company in Boise, Monte Johnson often did business with out-of-state customers. He probably didn’t see anything unusual when he was approached by two potential buyers claiming to be from Miami. 

As someone who had served a short prison stint, Johnson may have discerned that these customers were of dubious character before they identified themselves as drug dealers. It’s a pity that Johnson didn’t suspect that they were actually employed by a far deadlier and more despicable criminal syndicate – the Internal Revenue Service. 

The IRS operatives offered to buy two vehicles, a Jeep Cherokee and a Mercedes, for $55,000 in cash – if Johnson agreed not to use the customers’ “real” names or file the federal paperwork required for cash transactions in excess of $10,000. The same duo returned the following January to make a second purchase on the same terms.

These transactions were known to Kurt Bates, general manager of the used car dealership, and an associate named Michael McCormick. Eventually all three of them would be arrested and accused of participating in a money laundering conspiracy. 

Under what we’re told to call federal “law,” those transactions are considered illegal. This is not to say, however, that they involved actual crimes. None of the deals inflicted any injury to anybody. The only fraud involved in the affair was that committed by the IRS’s tax-fed provocateurs. To the extent that a criminal conspiracy existed, the Feds were the perpetrators, and those involved in West Coast Auto were the victims.

According to Idaho law the Feds committed an act of “criminal solicitation” for which they should have been prosecuted and punished “in the same manner and to the same extent” prescribed for the offense being solicited. This means that the IRS’s bit players should now be serving prison terms, rather than trolling for fresh victims. 

Johnson was given a three and a half year prison term and a $60,000 fine. Bates was just sentenced to a year in prison and three years of probation. Bates, it should be pointed out, was not actually involved in the transactions with the supposed drug dealers. He was accused of “misprision of felony” – that is, failure to report the illegal transactions to the police. 

What would have happened if Bates had called the police to report the transactions? Would the federal provocateurs have shed their disguises and heartily commended him for his public-spiritedness? Would the Feds have faced criminal charges for their own illegal acts if Bates had reported them? Or is it more likely that they would have contrived some other criminal charge against him in order to extort his cooperation as an informant against other potential victims? 

As Harvey Silverglate has documented, the web of “laws” in which we operate leaves every American constantly vulnerable to criminal prosecution. Any of us could easily be charged with three federal felonies each day. Given this fact, it’s reasonable to surmise that once the Feds had targeted West Coast Auto for a “sting” operation, they weren’t likely to relent until somebody either went to prison, became an informant, or both. 

One measure of the viciousness and cynicism that animated this operation is found in a deal that was offered to Johnson after he was indicted for money laundering. As noted earlier, Johnson served time in prison about a decade ago. In pre-trial negotiations, Wendy J. Olson, the federal prosecutor who afflicts the State of Idaho, offered Johnson a plea bargain in exchange for testifying against Bates. But his value as a witness would have been diminished if his prior criminal convictions had been known to the jury.

In an effort to enhance Johnson’s credibility as a witness, Olson’s office filed a Motion in Limine seeking to prevent disclosure of Johnson’s prior felony convictions. In other words, Olson intended to commit exactly the same act for which Bates would stand trial – that is, refusing to report felonious offenses. The only substantive difference here is that Olson, unlike Bates, actually succeeded in stealing something – in this case, a year of a man’s life.

At about the same time Olson was working out her proposed deal with Monte Johnson, she was trying to imprison Bonners Ferry resident Jeremy Hill for the supposed crime of shooting a grizzly bear that threatened his family. In what she invited the public to perceive as an act of Olympian magnanimity, Olson settled for imposing a $1,000 fine for an act that was ruled legal and justified by the Idaho Department of Fish and Game and Boundary County Prosecutor Jack Douglas.

“The United States Attorney’s Office well understands Mr. Hill is a concerned husband and father who wants to protect his family,” declared Olson with the practiced condescension of a career commissar as she stole $1,000 from the innocent man. 

Jeremy Hill's family at his arraignment.

Boise resident Kirk Kyle Farrar can testify that Olson’s solicitude toward working families expresses itself in peculiar and threatening ways. 

On May 10, Farrar’s home was invaded at 5:30 a.m. by armed men acting under Olson’s orders. One of them snuck into the bedroom of Farrar’s 12-year-old daughter, defiled her person by dragging her from her bed, and marched her downstairs. She was forced to lie down next to her parents with her hands behind her head. Another invader seized Farrar’s shrieking two-year-old son from his crib and refused to allow his parents to comfort him.

“My son screamed for his mother for what seemed like an eternity,” Farrar later recalled. “I will never forget the hopeless feeling of not being able to comfort my son or daughter.”

The armed marauders who committed that home invasion were part of a multi-agency strike team organized by Olson to carry out “Operation Headshop – Not For Human Consumption,” a simultaneous raid on 13 businesses in Boise, Kuna, and Nampa.

Nothing brings out the raw valor of law enforcement officers like the prospect of dressing up in paramilitary drag and laying siege to helpless, unarmed people in their sleep. Thus it’s not surprising that Olson was able to assemble a large contingent of costumed pseudo-heroes from four police departments, the U.S. Marshals Service, the DEA, the Idaho National Guard -- and, of course, the IRS --  to carry out the pre-dawn raids on the homes and businesses of people who had been selling legal merchandise. 

No, not that "Spice."

The pretext for the crackdown was the claim that some of the headshops were selling “spice,” a recently criminalized variety of incense sometimes used as a substitute for marijuana. (Ironically, or perhaps predictably, marijuana -- which has many documented health benefits -- is much less dangerous than the synthetic substitute). 

Farrar and his wife were owners of a smokeshop called “Piece of Mind.” They were numbered among more than a dozen business owners charged with selling pipes described as “drug paraphernalia.”

Farrar adamantly denies that his shop ever sold spice: “We made a commitment from the start not to carry it because we believe it is dangerous and not being used in a legal fashion.” He points out that his cousin, who had no criminal record, has now been charged with four federal felonies “stemming from selling tobacco products” at his business.

As is always the case in such operations, the methods used were not dictated by a rational assessment of the risks involved, but rather chosen as a means of “sending a message.” 

Speaking at a post-raid press conference with uniformed poseurs providing a backdrop, Commissarina Olson insisted that the assault demonstrated that “federal, state and local law enforcement partners will attack drug trafficking on all fronts.” She also insisted that open sale of any object she considers drug paraphernalia – including glass pipes that have been sold legally in Idaho for years -- “promotes unlawful drug use and helps drug traffickers thrive.”

By Olson’s moral calculations, it is a far graver offense for a businessman to sell a glass pipe than it is for an armed stranger in body armor to invade the bedroom of a sleeping 12-year-old girl and drag her away, in her night clothes, at gunpoint. Olson’s office has announced that it has broken nearly half of the defendants arrested in “Operation Headshop,” all of whom have admitted to selling glass pipes, which had not previously been a prosecutable offense.

Like everybody else in her loathsome profession, Wendy Olson – who, it pains me to the depths of my soul to admit, was born and raised in Idaho -- has never produced a marketable consumer good or provided a legitimate service. After being appointed to her current post by Barack Obama in 2010, Olson wasted no time in building a large network of undercover informants and devising remarkably novel ways to turn innocent people into criminals.

While Olson’s efforts have done nothing to enhance the security of persons or property, they have been immensely lucrative for the coercive class. An October 4 press release from the Commissarina’s office boasted that her staff had collected $84 million in fines, assessments, and forfeiture proceeds over the past year – ten times its operating budget.

Speaking at a recent Idaho Bar Association event, Olson said that her “future job prospects depend on the presidential election.” This is patent nonsense. Whether or not the incumbent emperor secures a second term, the Regime’s Homeland Security Apparatus will surely find a suitable position for a provincial functionary who presided over such an extravagantly profitable racket.

Dum spiro, pugno!