The Informants

"The overarching story here is the blatant size of the federal government’s strategic operational use of informants and undercover agents against American citizens protesting eight years of Republican misrule in the streets of St. Paul. Gone are the secret COINTELPRO operatives lurking in the shadows in the years before the Church Committee’s voluminous 1975-76 exposé of illegal domestic spying conducted by the FBI, CIA, NSA, Department of Defense, and intelligence services within the military against American citizens. Since the fear-mongered passage of the USA-PATRIOT Act in 2001 and the Bush-Cheney program to extend executive privilege beyond any and all constraints inconveniently imposed by rule of law, domestic spying is no longer illegal. No need to hide in the dark." - Brandon Darby, The Texas 2, and the FBI's Runaway Informants, James Retherford

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There were two informants used by law enforcement in the Texas 2 and RNC 8 cases

FBI informants are typically not very reliable, according to a 2005 Department of Justice review, reported in the New York Times:

"The Federal Bureau of Investigation has often violated internal guidelines in its handling of confidential informants, the Justice Department's inspector general concluded Monday. In nearly 9 of every 10 cases reviewed by the inspector general, guidelines on the handling of confidential informants were violated in ways that risked compromising investigations..."

The FBI also has a history of politically motivated repression and abuses. These date back to before World War I and through the 1920s, when they were charged with rounding up "anarchists and revolutionaries" for deportation. This was documented by the U.S. Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (aka The Church Committee) in 1975. The Church Committee was setup to investigate deliberate FBI abuses between 1956 and 1971, referred to as COINTELPRO, the FBI's Counter Intelligence Program.

Read more: Congress should restrict criminal informant use to prevent wrongful convictions, police corruption.

The basic types of motivation to be an informant haven't changed since first proposed in "The Informer in Law Enforcement" (1960):

• Fear - people who feel threatened by the law.
• Revenge - people, like ex-wives, ex-girlfriends, ex-employers, ex-associates, or ex-customers who want to get even.
• Perversity - people who are cop wannabes or think they're James Bond and/or hope to one day expose corruption.
• Ego - people who need to feel they are smart "big shots" and/or outwitting those they see as inferiors.
• Money - people who, like mercenaries, will do whatever it takes if the money is right.
• Repentance - people who want to leave the world of crime behind them and/or citizens fed up with crime.

"NEVER FORGET that egotism, misogynism, embrace of violence, and narcissism are highly desirable characteristics in the slimy world of the undercover agent. Not everyone who has those characteristics will become a paid informant -- it takes a certain lack of a moral center to carry out these reprehensible acts -- but they are recognizable traits that should be struggled against, in order that they not make some otherwise sincere dillhole (not Darby) susceptible to FBI "recruitment". - Mariann Wizard, Austin, TX activist, whose husband, George Vizard, was murdered by a police informant in 1967.

ANDREW C. DARST ("Panda"), age 30 of Minneapolis, MN

More info and pictures here and here

Darst was a member of the RNC Welcoming Committee, which organized against the 2008 Twin Cities Republican National Convention. Eight of its members face felony charges: 2nd degree conspiracy to riot, 1st degree conspiracy to commit criminal damage to property in furtherance of terrorism, and 1st degree conspiracy to commit criminal damage to property. He was listed as CHS2 (Confidential Human Source 2) by the FBI in their affidavit against the Texas 2.

In March 2009, Darst was found guilty of third-degree damage to property, a gross misdemeanor, and two counts of assault in the fifth degree, which are misdemeanors. He was found not guilty of two counts of first- and second-degree burglary, both felonies. He had been arrested for breaking down a door and entering a house during a party, assaulting two men inside. He told police he "wasn't comfortable with the people his wife was with there." The prosecution argued that if Darst were concerned about the safety of his wife, "He had reasonable alternatives available," including calling police.

Tom Foley, a former Ramsey County, MN attorney, said that such an incident could "undermine his [Darst's] credibility as a witness" at the trial of the RNC protesters. "I am certain the defense will want to bring it in and the prosecution will want to keep it out," he said. If Darst testifies that he was law-abiding and did not encourage violence, the defense might use his subsequent conviction to show "his propensity for violence," said Foley.

BRANDON MICHAEL DARBY, age 32 of Austin, TX

Darby was the main witness and informant in the case against Bradley Crowder and David McKay, the Texas 2. His public statements, whether in the media or in court have often been contradictory. He was paid at least $11,000 for his work with the FBI. More info and pictures here and here

"Why did federal prosecutors push so hard to get guilty pleas from both defendants and to avoid a second trial for McKay? The simple answer: Brandon Darby. He had proved to be a liability in the first trial, and the defense had put together a long list of witnesses prepared to attest to his violent and provocateur-like behavior. - "Brandon Darby, The Texas 2, and the FBI's Runaway Informants", James Retherford.

"Several local activists describe Darby as a troubled, paranoid man with a volatile history with women, a penchant for violent rhetoric, and a strong authoritarian streak. At best, Darby might be just an ordinary and confused young person, fired with generalized idealism and stumbling through this world on his own tangled, misguided mission to save it. But at worst, he might have been – might have become over the last several years – a manipulator with a hero complex, bent on inflating his own self-importance in the comfortable guise of moral superiority." - "Revolutionary to rat", Austin Chronicle

"My entire adult life has been a process of trying to be less of an asshole." - Brandon Darby, "Revolutionary to rat", Austin Chronicle

"[Darby] recently became a father... and though he and the mother don't live together, he says that they are "co-parenting." All in all, a contemporary portrait in progressive rationality." - "Revolutionary to rat", Austin Chronicle (in reality they live 400 miles apart and there is no contact, at the mother's request)

“I am well aware that I’ve stepped outside of accepted behaviors." - Brandon Darby, "Activist Unmasks Himself as Federal Informant", New York Times

“The simple truth is that I have chosen to work with the Federal Bureau of Investigation... I strongly stand behind my choices in this matter.” - Brandon Darby, open letter

“I can help strategize with law enforcement to best prepare for the coming storm" ... “I hope I am tasked by the bureau full time on these issues.” - Brandon Darby, in 7 page report to FBI after attending the RNC Welcoming Committee Tour event in Austin, Texas.

"There's not a night that I go to bed that I don't think about those two people... All I can say is that I have behaved honorably, and people will feel so when this is over." - Brandon Darby, "RNC Aftermath", Austin Chronicle

Darby asked McKay if he could leave the scene with a cop burning or dying; McKay said yes, and that it was "worth it if a cop gets burned or maimed." Darby: "What if a cop is sleeping in a car?" McKay: "He'll wake up." Darby: "What if he doesn't?" McKay didn't answer. - Alleged conversation, published as fact in media pre-trial, but later found to have never been recorded.

"The U.S. government claims it would be "extremely prejudicial" to let McKay's attorney tell jurors that the informant [Brandon Darby] had once advocated using arson [against middle- and upper-class buyers who restore run-down neighborhoods and displace low-income residents.] - "Limits sought in Molotov cocktail trial", Pioneer Press

"At one point I espoused the philosophy of using arson against gentrifying developments [in New Orleans] to bring up their insurance rates and make it unprofitable." - Brandon Darby, during David McKay trial.

"What the government did and what Brandon Darby did in this case was wrong... He wasn't the eyes and ears. He was the mouth — a violent, firebomb-obsessed mouth," - Jeff DeGree, defense lawyer for David McKay

"In regards to this case, there's no evidence that shows that I assumed a leadership role, and I didn't. I didn't encourage anybody to do anything" - Brandon Darby, "Revolutionary to rat", Austin Chronicle

"Brad [Crowder] stated he would take orders from me," - Brandon Darby, email to Special Agent Timothy Sellars. Information released during David McKay trial.

"Brandon Darby created the idea that we, as an affinity group, create multiple Molotov cocktails." - David McKay, on the witness stand during his trial.

"As compelling as the natural human desire to reason and express oneself can be, regardless, I must hold my comments at this time on certain aspects of the situation." - Brandon Darby, open letter

"There is still the issue of entrapment: I want to be clear that we may never know Brandon Darby's full role or motivations in this incident, as these details are omitted from the FBI documents and informant reports provided to the defense... What I would have done is talk to anyone thinking of illegal action, weigh in with my experience, point out the potential consequence, and dissuade that person. If that didn't work, I would have prevented them from purchasing the materials or going on the action. I feel that a strong community can educate and police itself." - Simon Evans, Austin activist, "Revolutionary to rat", Austin Chronicle

"If Darby had really been worried people he was working with were planning violence, he could have taken it up with other group members. But that would have required honest discussion. When there is no honesty on one side, discussion is meaningless." - Marianne Wizard, Austin Activist, in the Rag Blog

"Why didn't I try to discourage them? You don't know that I did or didn't. For all you know, I could have gotten in trouble for violating the rules and trying to discourage somebody from doing something. I'm just saying you don't know what the facts are yet." - Brandon darby, "Revolutionary to rat", Austin Chronicle

"If I felt like the best thing I could have done to right my wrongs was to come out and say how I felt, I would have done so. I just didn't feel like it was. I felt like I would be completely marginalized and nobody would want to hear my opinions." - Brandon Darby, "Revolutionary to rat", Austin Chronicle

"[the RNC Welcoming Committee were] one group of people who thought they were right, who were out to use a variety of tactics to stop others who they thought were wrong, and violate their constitutional rights." - Brandon Darby on witness stand at David McKay trial. Darby fails to keep a straight face during this statement.

"There were ... people in the group who were openly saying they were going to stop the constitutional rights of other people and they were going to do things that could possibly break the law. "I'm pretty far from a Republican, but the people attending the convention had a right to speak... I didn't want to go to the Bureau about it, but somebody had asked me to do something that would've resulted in hurting people, and I said no. So they started asking other people. At that point, that's when I went forward and contacted somebody in law enforcement." - Brandon Darby, "Social activist, organizer ... and RNC informant", St Paul Pioneer Press

"One morning, I woke up and realized that I disagree with the group I was associating with... my deal was with a small group of people whom I personally wouldn't call terrorists but whose views and ideologies, in addition to their actions, are a little bit frightening and not in the best interest of the world. ... So, with that said, I did what I can to make sure that that's not an issue. Because I felt like I owed that to life, and I felt like I owed it to this little collective we call a nation who are trying to get through the world together." - Brandon Darby, "Revolutionary to rat", Austin Chronicle

"As an older seasoned activist, Darby had a lot of sway over Crowder and McKay, making them susceptible to his often militant rhetoric. He was always the one to suggest violence, when the rest of us clearly disagreed with those strategies." - Gabby Hicks, Austin activist, "Austin RNC Informant is Provocateur Not Hero", Austin Informant Working Group

Special Agent Timothy Sellers wrote reports about Darby's meetings with Crowder and McKay, but only included what the others at the meetings said, not what Darby said. Darby's emails to Sellers were kept in a file, but not included in the reports. These emails included what Darby said, such as: "I'm going to shut this fucker [the RNC] down"... "direct action is intense, and we can all expect to have violence used against us"... "they will "put us in jail with people who will ass-rape us."... "You look like a bunch of tofu-eaters" ...and "need to start eating meat and bulk up so you can fight." - Darby also taught Crowder and McKay Jujutsu techniques to use in a fight.

"It is disingenuous for him to say that this was about stopping violence at the last minute. He started informing on his friends and the people he works with [in 2007]... he started reporting to the FBI before he had ever met David or Bradley and then did very much take them under his wings." - Carly Dickson, Austin activist on Democracy Now

"According to him [Darby], he was approached by the FBI in late 2007 and asked to infiltrate a group of Austin activists planning to disrupt the 2008 Republican National Convention in Minneapolis... (In an article in the St. Paul Pioneer Press, Darby said he contacted the FBI because activists were planning violence; however, in a more recent interview with The Gambit, Darby claimed the FBI approached him and insisted "The investigation wasn't into a threat of violence." - "Brandon Darby- FBI Informant", New Orleans Gambit

"Court documents reveal he began working as an informant for an agent in the FBI's San Antonio office in November 2007..." - "Social activist, organizer ... and RNC informant", St Paul Pioneer Press

"Over the years Brandon Darby has established strong ties with individuals in many different radical communities across the United States. While it is not yet clear how long or to what extent Darby has been acting as an informant, the emerging truth about Darby's malicious involvement in our communities is heart-breaking and utterly ground-shattering to those of us who were closest to him." - Austin Informant Working Group, "Statement on Brandon Darby"

"Regarding Darby's obsessive and paranoid nature, Crow says that sometimes Darby would call him 30 times a day. "I'm not a psychologist, but I would definitely say that guy's paranoid. I mean, he sleeps with guns under his pillow. This is not something I have been told; this is something I have seen. The guy has a cache of weapons." - "Revolutionary to rat", Austin Chronicle

"A lot of women had been hurt by this man, and a lot of men had defended him over the years, and it's not OK. that's a whole part of the healing process that we are going to have to deal with as a community." - Lisa Fithian, "Revolutionary to rat", Austin Chronicle

"A lot of people wouldn't work with him [Darby] on stuff, and even I didn't have anything to do with him for a year before Common Ground, because he would start getting paranoid and do divisive things." - Scott Crow, "Revolutionary to rat", Austin Chronicle

"I know that there’s been many people that left from Common Ground in frustration, and many of it was due in part because of Brandon. Many young ladies, many individuals that he literally ran off, you know?" - Malik Rahim, Cofounder of Common Ground, on Democracy Now.

"Brandon was always provoking discord and aggression, in the anti-war movement in Austin in 2003, in protests in Houston against Halliburton, and in disaster relief at Common Ground in New Orleans. I worked with Darby in all of those places and saw the disruption he caused." Lisa Fithian, Community Organizer, in "Austin RNC Informant is Provocateur Not Hero", Austin Informant Working Group

"Over the years, I've known him [Darby] to be erratic, to be judgmental. Also somewhat crazy. He's a very provocative person." - Scott Crow, Austin activist and co-founder of Common Ground, "Evolved’ activist or provocateur?", Minneapolis Star Tribune

"They're going after me and Scott [Crow] and other organizers, but they nabbed the low-hanging fruit. I always said at Common Ground: If he was not a cop or an agent of the state, he was doing their job for them, creating division and disrupting our work." - Lisa Fithian, "Revolutionary to Rat", Austin Chronicle

"A couple of [Common Ground] volunteers called back to headquarters concerned they were about to get jumped, and Darby leaped into his truck to save the day – reportedly by firing his gun into the air in the middle of the street. It just seemed like an unnecessarily violent escalation." - An experienced volunteer coordinator with Common Ground, "Revolutionary to rat", Austin Chronicle

"He also made sure that the media followed him extensively and didn't interview other people when he was director [of Common Ground] and also when he was just another person around. If you look at the way Brandon tells it, he did the whole Lower 9th Ward with one hand tied behind his back, when really there were a lot of people who did the work, and the organizing too, who you'll never hear about because of Brandon's monopoly on the media." - Scott Crow, - "Revolutionary to rat", Austin Chronicle

"What Rahim considers sabotage [at Common Ground] and what Fithian calls patriarchal power plays Darby just sees as trying to do something good in a bad situation... But he swears, again and again, that he was never working for the federal government while in New Orleans. Not ever." - "Revolutionary to rat", Austin Chronicle

"The biggest problem I have with Brandon Darby isn’t that he snitched. What still angers me to this day is how his unchecked sexism, authoritarian leadership style, and stubborn refusal to take advice or criticism caused a great deal of disruption to the organization’s relief and justice work in New Orleans. The fact that someone with so much unexamined privilege was able to maintain leadership in our organization as long as he did says a lot about us as well: we as activists have to do a better job of calling out oppressive behavior within our organizing culture."

...when I hear Darby once again try to portray himself as nothing more than an earnest, ethical activist who couldn’t bear the thought of violence happening, and so he took it upon himself to Do the Right Thing and become an informant. I’ll think back to the behavior I witnessed in New Orleans and wish he’d never been given the mike." - Victoria Welle, Common Ground Volunteer, from "Brandon Darby in New Orleans: FBI Informant Was Egotistical Sexist", The Rag Blog

"a thoughtful guy opposed to violence – is very different from the argumentative and nonsensical Darby she met. Once, on the drive up [to Minneapolis], Darby became agitated because he needed to go to the bathroom. "He at one point threatened a driver of the van, because the person didn't pull over fast enough, and Brandon was literally yelling, 'I'm a 31-year-old revolutionary, and you can't tell me when I can or can't pee!'" Hicks laughed. "Once we pulled over, they were still fighting, and someone asked if they needed mediation. Brandon was like, 'I can put it behind us if we can all act like adults.' He turned the whole thing around and acted like we were the ones who had freaked out. That was his tactic. It was just weird." - Gabby Hicks, "Revolutionary to rat", Austin Chronicle

"Brandon was obviously living a double life, so you might have known one Brandon, but we knew another Brandon. And I have a lot of personal experience. The discord and aggression and violence and abuse are real. I experienced it personally. And a lot of other people have, too, and more stories will come out." - Lisa Fithian, Democracy Now

"David’s defense compiled additional testimony that confirmed Darby’s history of problematic and manipulative behavior. Through grassroots appeals, reliable witnesses came out of the woodwork to attest to Darby's repeated incitements to violence, his disruptive behavior and promotion of illegal activities in every organization he infiltrated. As the case of the defense solidified, so escalated the prosecution’s intimidation of both David and Brad. The State was determined to prevent both the exposure of its misconduct in utilizing and supporting a violence-prone provocateur to entrap two young activists, and the precedent of being called out and held accountable for their repressive tactics. The State knew that Darby’s testimony was questionable, if not completely lacking credibility." - "Between the State and a Hard Place", Austin Informant Working Group

"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... We see Darby not as an isolated incident but as part of the FBI's pattern of using volatile, violence prone characters in their politically motivated investigations." - "Half-truths and Hung Juries", Austin Informant Working Group

"The wider net cast by Darby in his information gathering shows that he was part of an FBI campaign to suppress political dissent and activism. By gathering information on law abiding activists and then defending his actions as stopping violence, Darby contributes to the public perception that political dissent is criminal, which has a chilling effect on free speech." - Will Potter, award-winning independent journalist.