What did the police know and how did they know it?

Two stories out today paint a picture of how well embedded police sources were in the groups that had promised to shut down the Republican National Convention.

Here's the application for a search warrant that was submitted to the Ramsey County Court last week, that details the role of informants in the investigation.

Police allege the group of self-described anarchists plotted for more than a year to burn vehicles, spear police with sharpened poles, blockade bridges and wreak criminal havoc on St. Paul this week, according to MPR's Linda Fantin.

This afternoon, meanwhile, the law enforcement officials in charge of security for the convention released details of the arrest of a man in Wisconsin last week. Says a news release:

According to a FBI affidavit, (Matthew) DePalma became known to the FBI in July 2008, when DePalma attended the CrimeThinc Convergence near Waldo, Wisc. During this event, DePalma allegedly stated his intention to travel to Minnesota to attend the RNC, and also expressed his desire to "make some bombs" and "blow up" things during the RNC.

The release reveals that authorities monitored his Internet use, tapped his phone or apartment, and tailed him.

The affidavit states that DePalma went to the Hennepin County Library on Aug. 18 and spent 90 minutes researching recipes for explosive devices. DePalma produced a handwritten list of items he would need to construct "special" Molotov cocktails that would stick to people and other targets.

DePalma's conversations, recorded on Aug. 20, described a plan to place a bomb near the Xcel Center during the RNC in an effort to disrupt the convention. The plan involved entering the tunnels near the center and using either Molotov cocktails or a chemical bomb to destroy electrical cables and cause a power outage. DePalma, the affidavit states, also described a related plan to use napalm-filled Molotov cocktails on the streets against police officers stating, "I will light one of those pigs on fire."

The affidavit states that DePalma obtained supplies for making Molotov cocktails on Aug.
21-22. On Aug. 22, DePalma allegedly manufactured two jugs of a homemade napalm-like substance for use in Molotov cocktails. He created a flammable gelatin, and described to another the proper technique for throwing a Molotov cocktail to obtain the best explosion. DePalma continued to discuss his desire to make a bomb for use at the Xcel Center on either the convention's first day (Sept. 1) or last day (Sept. 4).

According to the affidavit, DePalma stated that if he could bomb the center on Sept. 1 they might call off the convention. He added that a "power outage would say a lot" and that it was his "main purpose." DePalma also said that he would like to bomb the Xcel Energy Center on Sept. 4 so that the convention would "end with a bang."

DePalma was observed traveling to a remote location in Rosemount for the purpose of
assembling and testing Molotov cocktails. On Aug. 25, DePalma went to a remote location in Roseville for the purpose of experimenting with chemicals for a chemical bomb.

The affidavit states that DePalma manufactured three additional Molotov cocktails in a
Minneapolis apartment on Aug. 28, where he was arrested. The affidavit states that DePalma possessed a total of five Molotov cocktails between Aug. 22-28, which were not registered to him in the National Firearms Registration and Transfer Record, as required by law.

How did information about Matthew DePalma's Hennepin County library usage come into police hands? According to MS 13.40 (Data Practices Act), library records on individuals are private information.

Minnesota Statutes 13.40 Subd. 2. Private data; library borrowers. (a) Except as provided in paragraph (b), the
following data maintained by a library are private data on individuals and may not be disclosed
for other than library purposes except pursuant to a court order:
(1) data that link a library patron's name with materials requested or borrowed by the
patron or that link a patron's name with a specific subject about which the patron has requested
information or materials; or
(2) data in applications for borrower cards, other than the name of the borrower.
(b) A library may release reserved materials to a family member or other person who resides
with a library patron and who is picking up the material on behalf of the patron. A patron may
request that reserved materials be released only to the patron.

Marilyn, it looks like they followed him. The warrant is their side of the story, which argues that they followed him for good reason.

As for "how did they know it" it should be pretty clear, based on the information coming out after the NY convention in 2004, that law enforcement is spending time & money on surveilling potential domestic terrorists. This goes back at least to the Tim McVeigh bombing, Branch Davidian compound, & Ruby Ridge showdown. More recently, groups like Earth First have earned places on the domestic terrorist list too. Why wouldn't law enforcement go in undercover and/or develop informants within their ranks?

According to the American Library Association, "Federal Bureau of Investigation and law enforcement (can) gain access to business records, medical records, educational records and library records, including stored electronic data and communications. It also expanded the laws governing wiretaps and “trap and trace” phone devices to Internet and electronic communications.

Did anyone else find the last sentence mildly alarming? "DePalma possessed a total of five Molotov cocktails between Aug. 22-28, which were not registered to him in the National Firearms Registration and Transfer Record, as required by law." So, firebombs are okay if they're registered? Gee, thanks, NRA. I'm pretty sure that no matter what the Founding Fathers had in mind when they drafted the Second Amendment, it certainly didn't encompass Molotov cocktails.

So they found five Molotov cocktails and (based on KARE 11 news last night) plans on kidnapping certain delegates from the St. Paul area.

If that kind of activity would have been suspected at the MOA on a normal weekend, a local suburban park, or a Twins Game, you bet there would have been police and arrests.

So why is it suddenly so questionable when the event happens to be a political party's convention?

Stop crying that thank our Finest for keeping people safe.

If law enforcement officials were conducting investigations of DePalma on library property they would almost certainly have had the cooperation of Hennepin County, and definitely would have to get records of internet usage. In such a hierarchical organization as the Hennepin County Library any permission of this kind would have to come from if not the top, very close to it.

Hennepin County and Library officials did not participate in the incident or investigation involving Matthew Bradley DePalma.

Hennepin County Library is deeply committed to protecting the privacy of each and every customer’s data and is dedicated to creating a welcoming and trusting environment that fosters lifelong learning.

See the update to the story here.