Oklahoma Cops Think Falling Glitter Might Be A Biochemical Attack, Book Protesters On 'Terrorist Hoax' Charges When It Isn't

from the 10-years-for-momentarily-frightening-police-officers dept

Thu, Dec 19th 2013 8:31am — Tim Cushing

I'm beginning to think the DHS, NSA, FBI and TSA are largely extraneous entities. We appear to have a shortage of terrorists to defend against. We can't seem to find enough terrorists worldwide to justify needlessly intrusive surveillance programs. The FBI can't seem to land any big fish without dropping the line into its stock pond. And what we have managed to scare up as prime terrorist suspects have been captured by zealous local law enforcement teams, utilizing a blend of expansive anti-terrorism laws and a credibility not normally granted to foul-mouthed teens using social networks.

The all-purpose "War Against Terror" tool has been applied again, and at least as clumsily as any of the above linked instances.

It's not uncommon for environmental protesters to face arrest, but here's an apparent first: On Friday, Oklahoma City police charged a pair of environmental activists with staging a "terrorism hoax" after they unfurled a pair of banners covered in glitter—a substance local cops considered evidence of a faux biochemical assault.

Here are a few more details just in case anyone thinks I'm glossing over the real reason these protesters are facing terrorism-related charges.

Stefan Warner and Moriah Stephenson, members of the environmental group Great Plains Tar Sands Resistance, were part of a group of about a dozen activists demonstrating at Devon Tower…

Warner and Stephenson hung two banners—one a cranberry-colored sheet emblazoned with The Hunger Games "mockingjay" symbol and the words "The odds are never in our favor" in gold letters—from the second floor of the Devon Tower's atrium…

[W]hile their fellow activists were arrested for trespassing, Warner and Stephenson were hit with additional charges of staging a fake bioterrorism attack

Oklahoma City police spokesman Captain Dexter Nelson tells Mother Jones that Devon Tower security officers worried that the "unknown substance" falling from the two banners might be toxic because of "the covert way [the protesters] presented themselves…A lot were dressed as somewhat transient-looking individuals. Some were wearing all black," he says. "Inside the banners was a lot of black powder substance, later determined to be glitter." In their report, Nelson says, police who responded to the scene described it as a "biochemical assault." "Even the FBI responded," he adds.

OK. So the falling glitter was a bit frightening, seeing as it was outside its normal habitat, like a rave… or a 14-year-old girl's bedroom. But, this whole "terrorist" situation was all cleared up when it was determined to be nothing more than some ill-advised protest banner bedazzling, right?

Doug Parr, an attorney for the activists arrested on Friday, says he's never seen "terrorism hoax" charges—defined as "the willful conduct to simulate an act of terrorism"—filed against activists. "I've represented any number of political activists in Oklahoma for 35 years," he says. "This is the first time I am aware of that anyone has been arrested on terrorism-related charges for protest activity." Parr adds, "In my humble opinion, this is not at all an appropriate use of this statute."

Nope. The pair still face these charges, even after it was determined the substance was nothing more than harmless glitter and after Devon Tower employees removed the banners without the use of any Personal Protective Equipment. (OSHA has yet to offer an opinion on the dangers of airborne glitter.)

Apparently, not being a terrorist attack is its own crime, punishable by a 10-year prison sentence. All you have to do is make someone believe it might have been a terrorist attack (or at least believe it enough that they can sell their supervisors on it).

Parr says Oklahoma City police seemed determined on Friday to arrest the Devon protesters on terrorism-related charges. He says he overheard an officer at the scene, Major Steve McCool, ask for guidance by phone on how to charge Warner and Stephenson under Oklahoma's anti-terrorism act.

For someone blessed with such an obviously awesome name, McCool seems to be a very petty little man. This sounds very much like someone checking books on the legal bookcart for heft before deciding which one to throw at the two protesters. If nothing else, knocking a couple of protesters down with overwrought charges will deter a certain number of "covert [...] transiently-dressed individuals" from showing up at the next event, meaning even less effort will need to be made during the mop-up phase. It's a chilling effect, deployed completely without irony by Major McCool.

Parr suspects the problem runs deeper, all the way back to Transcanada, which has made a push in recent years to have protesters (of which Transcanada collects plenty) charged with terrorism-related charges -- even going so far as to produce and deliver presentations directly to law enforcement agencies and the FBI itself. If you think having a few over-imaginative officers is a problem, just wait until you get a whole department fresh off some "corporate training" wading into the next Occupy Wherever or interior bannering. And with every arrest, they'll build caseloads and precedent, making the next trumped-up, ridiculous charge even easier to apply.

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Filed Under: dextor nelson, glitter, moriah stephenson, oklahoma city, stefan warner, steve mccool, terrorist hoax

56 Comments

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Arsik Vek (profile), 19 Dec 2013 @ 7:44am

Glitter now a possible herald of terrorism. Arrest all kindergarteners.
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kenichi tanaka (profile), 19 Dec 2013 @ 8:45am

Sounds to me like law enforcement in the United States is taking the constitution and flipping it on its side.

Since they haven't been able to find any terrorists, law enforcement in the United States have decided that there is an unlimited number of protestors in the country and what better way than to nail them on "terrorism" charges.

Faux Terrorism? Really? If the judge isn't laughing by now I'm sure that the jury will be.
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Shane C (profile), 19 Dec 2013 @ 8:46am

Well, glitter is the herpes of the art world...
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Anonymous Coward, 19 Dec 2013 @ 8:46am

I think the police are instilling more terror than the people they charge with terrorism.
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Anonymous Coward, 19 Dec 2013 @ 8:50am

Charging protestors as "terrorists", is the new norm. This is precisely the reason the Animal Enterprise Terrorism Act, was drafted by Senator Spystein.

https://en.wikipedia.org/wiki/Animal_Enterprise_Terrorism_Act

Animal rights protestors have been charged as "terrorists" for years, under this federal law. The (AETA) law is simply branching out, and being applied to other areas of protests as well.

The (AETA) clearly states that any act that "places a person in reasonable fear of injury", is an act of "terrorism".

The cops said they were scared, so that makes the protestors "terrorists".

It's an open a shut case.
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kenichi tanaka (profile), 19 Dec 2013 @ 8:53am

If the cops are scared of protestors, then they need to quit their job and find something else.
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Trails (profile), 19 Dec 2013 @ 8:54am

I knew it
I always knew my daughters were up to no good. Here's the proof. Why won't the government DO something about it? I'd blindly vote for any asshole, no matter how transparent and obvious their moral bankruptcy and psychopathy, so long as they make me FEEL safer.
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Anonymous Coward, 19 Dec 2013 @ 9:12am

This has never been about terrorism. When you look at all these separate events - from glitter arrests to NSA ultra-serveilance, to FBI fake terrorism plots, to overuse/abuse of license plate readers, to checkpoints to interrogate (I mean question) citizens and "ask" for cheek swabs, DNA, and other information a very clear pattern emerges for the identification, repression, intimidation, and even incarceration of anyone who might be inclined to oppose the rise of an increasingly totalitarian government.

Quite honestly I think the biggest threat to American freedom today is the United States Federal Government.
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Chronno S. Trigger (profile), 19 Dec 2013 @ 9:13am

Well, I think the real terrorists got their wish. The cops are so afraid, their mind instantly goes to "bio-terrorism" instead of "the flamboyant banner". Not only that but the people who chose to make the flamboyant banner are now being charged with willful simulation of a terrorist attack.

If this is how those in power are starting to think, then it's only a matter of time before we, the people, have to force ourselves to think different. Will what I'm about to do look like a terrorist attack to some cop who got up on the wrong side of the bed this morning? Should I go outside in this outfit, will it be misunderstood as covert? Will this collection of plumbing parts I just got from Home Depot look like bomb parts?
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Anonymous Coward, 19 Dec 2013 @ 9:17am

The double-speak that we've grown accustomed to is astounding.
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Anonymous Coward, 19 Dec 2013 @ 9:18am

Re:
If a cop is scared by a banner and some glitter I would say the fault is with the cop. Unless the protesters were chanting "death by anthrax" or similar overt threat.

Also, please do not compare a peaceful banner and some glitter with animal rights extremists.

Animal rights extremists use violence and threat of violence for political reasons, which is the definition of terrorism.
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Deranged Poster (profile), 19 Dec 2013 @ 9:19am

Re:
Flipping it on its side?
Nope, they're taking it into the Lavatory and wiping with it before flushing. (Though I doubt the're washing their hands after)
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Deranged Poster (profile), 19 Dec 2013 @ 9:21am

Re:
[IP Request]....[IPS Address Request]...
Knock. Knock. Knock.
Someone wants to talk to you.
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Anonymous Coward, 19 Dec 2013 @ 9:30am

Everyone! Duck for cover it's a glitter dirty bomb! AHHHHHHHHHHHH
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Anonymous Coward, 19 Dec 2013 @ 9:34am

environmentalists?
They suspected environmentalists were performing a bio-chemical attack?
That's like suspecting animal rights activists of barbecuing dolphins.

[They] worried that the "unknown substance" falling from the two banners might be toxic because of "the covert way [the protesters] presented themselves�A lot were dressed as somewhat transient-looking individuals. Some were wearing all black,"
By the way, if they weren't wearing gas-masks or hazmat suits, I don't think you have to worry about biochemical substances carried in a cloth banner.
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Crusty the Ex-Clown, 19 Dec 2013 @ 9:35am

But, but, but,.....
.....for all they knew, it might have been Tinkerbell's pixie dust! Just imagine policemen gently floating up and away - and what does that do to the gravity of the situation? No, Tinkerbell and Peter Pan are on the watch list for sure (putting them on the no-fly list didn't pan out).
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Anonymous Coward, 19 Dec 2013 @ 9:35am

So does a terrorist hoax have a lighter sentence then an actual terrorist attack in Oklahoma?
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Chosen Reject (profile), 19 Dec 2013 @ 9:36am

Re: I knew it
As the father of two single-digit-aged girls, I would gladly vote for any politician who ran on a platform of banning glitter. It does not matter how often you clean up, that stuff shows up in weird places years later.
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Baron von Robber, 19 Dec 2013 @ 9:39am

Look out!
Glitter is known to turn testosteroned thugs, er um, police into fairies!

On noes! Too late!!
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Anonymous Coward, 19 Dec 2013 @ 9:41am

Glitter
In other news, Rip Taylor was arrested last week for multiple acts of terrorism.
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Anonymous Coward, 19 Dec 2013 @ 9:45am

Re: Re:
Apparently dropping glitter from a banner, is the definition of "terrorism" too. Don't forget the US Defense Departments training manaul, labels the Founding Fathers of the United States as extremists also.

So let's see.

Founding Fathers = "Extremist/Terrorist"
Dropping Glitter from Banner = "Extremist/Terrorist"
Animal Rights Protestors = "Extremist/Terrorist"

And the banner wasn't peaceful, it had glitter on it. Only extremists use glitter!
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Anonymous Coward, 19 Dec 2013 @ 9:46am

Appears that the police are the ones perpetrating the hoax here.
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John Fenderson (profile), 19 Dec 2013 @ 9:53am

Re:
They're not scared of the protesters, they're scared of the glitter. Who can blame them? Glitter is scary stuff! Anything that comes out of a unicorn's butt is scary.
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Anonymous Coward, 19 Dec 2013 @ 10:10am

as soon as something happens in the USA that someone in authority doesn't like, charges are brought against the perpetrators. there may well not be any actual law that applies, so one is easily conjured up to fit the bill. that inevitably leads to the people who are charged with doing something horrendous, which in actual fact is too small a 'crime' as to be negligible, being classed as heroes. the ones bringing the charges are then seen as total prats who apart from not deserving to be in a position of authority, should never even be in any employed position dealing with other members of the human race!
any security agency, like any government, can make up laws to fit any 'crime'. it's only when the rest of the population are informed of how certain individuals are being treated is there any sort of apology.
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Sketch, 19 Dec 2013 @ 10:20am

DA does NOT stand for District Attorney...
I know they don't pick the brightest folks to be cops, but the DA should be disbarred for this ignorance.

/Airborne Glitter - my new band name. Isn't it FIERCE?
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DannyB (profile), 19 Dec 2013 @ 10:34am

Re: DA does NOT stand for District Attorney...
It would appear from evidence that police departments require job applicants to conform to some upper limit on IQ.
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Anonymous Coward, 19 Dec 2013 @ 10:56am

Response to: Shane C on Dec 19th, 2013 @ 8:46am
Christmas is the time to say 'I love you.'
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John Fenderson (profile), 19 Dec 2013 @ 11:12am

Re: DA does NOT stand for District Attorney...
Please tell me that Airborne Glitter is a hair metal band.
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DCL, 19 Dec 2013 @ 11:29am

Re:
It is true that glitter is the herpes of the art world... is is impossible to get rid of and it is always popping up when you least want it. OSHA should require full BIOSAFETY LEVEL 4 (BSL-4) garb to use it.

Glitter is the epitome of evil. The book should be thrown at the protestors for using such a substance out in the open!

THINK OF THE CHILDREN PEOPLE!!!!!
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pixelpusher220 (profile), 19 Dec 2013 @ 11:36am

Re:
"Some were wearing all black"

Time to arrest every SWAT team member too...
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Anonymous Coward, 19 Dec 2013 @ 11:40am

http://imgur.com/qLKwscU
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This comment has been flagged by the community. Click here to show it

Anonymous Coward, 19 Dec 2013 @ 12:00pm

timcushinghatescops.com
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Val Valerian, 19 Dec 2013 @ 12:57pm

FBI 'Terrorism Hoaxes' Happen All The Time
But under the scenario of "terrorism hoax", isn't that what the FBI does all the time when they set up some patsy and then claim they 'prevented' an incident which they had under control all the time?
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Anonymous Coward, 19 Dec 2013 @ 1:20pm

So, let me get this straight.

1. Police bizarrely assume that something might be a terrorist attack and arrest some people.
2. The "terrorist attack" is proven to be obviously not a terrorist attack.
3. The people who were arrested are charged with staging a "terrorist hoax"?!

So a corrupt cop could beat me up, take my pocket money, then haul me downtown as a "terrorist suspect", and when I was proven innocent, I'd spend 10 years in jail for "staging a terrorist hoax"?
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DCL, 19 Dec 2013 @ 2:09pm

Re:
But the banner had GLITTER on it!!!!
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Capitalist Lion Tamer (profile), 19 Dec 2013 @ 2:15pm

Re:
timcushinghatesstupidity.com
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Deranged Poster (profile), 19 Dec 2013 @ 2:47pm

Re:
Welcome to the USA, Enjoy this Black Bag, you're never leaving now.
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That One Guy (profile), 19 Dec 2013 @ 3:07pm

Well of course they went with 'Terrorism Hoax', 'Making a cop look like a complete and utter moron' hasn't made it into the books yet as a chargeable offense.
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Rekrul, 19 Dec 2013 @ 3:25pm

Just another step on the road to America becoming a corporate-controlled, police state.
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Anonymous Coward, 19 Dec 2013 @ 3:35pm

On the bright side there were no cavity searches or strip searches involved where there?
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Anonymous Coward, 19 Dec 2013 @ 4:53pm

Re:
averagejoehatesdueprocess.com
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Coyne Tibbets (profile), 19 Dec 2013 @ 8:02pm

Dumbest Thing I Ever Heard
"...somewhat transient looking individuals." What the hell kind of BS is that? Activists must now dress in 3-piece suits and tuxedos, and evening gowns with heels?
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Anonymous Coward, 19 Dec 2013 @ 10:15pm

United Police States
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That One Guy (profile), 19 Dec 2013 @ 10:19pm

Re: Dumbest Thing I Ever Heard
Translated it basically means 'They didn't look like they were rich, so we assumed they were more than likely guilty of something, and more likely to be criminals.'
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Ninja (profile), 20 Dec 2013 @ 2:42am

Re:
That.
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Anonymous Coward, 20 Dec 2013 @ 3:36am

Re:
Well yeah, they'd have to arrest themselves then.
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Anonymous Coward, 20 Dec 2013 @ 4:26am

Jury nullification.
That sounds like something that should be used in this case.
I work with a cops wife in my office imagine if she convinced him that the person preparing the coffee too strongly was an act of terrorism.

Just think about it.
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me@me.net, 20 Dec 2013 @ 4:30am

why is the south so damn stupid?
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The Real Michael, 20 Dec 2013 @ 8:26am

Re:
What it all comes down to is federal government outlawing anyone exercising their Constitutional rights. You're right, they truly are the biggest threat to America. They may as well be communists.
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Anonymous Coward, 20 Dec 2013 @ 8:27am

Re: why is the south so damn stupid?
Woah woah, Oklahoma is *NOT* part of the south good sir. Just like Florida, we kicked their sorry asses out a long time ago.
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The Real Michael, 20 Dec 2013 @ 8:28am

Re:
Yeah, because the police are afraid of someone unraveling a banner with glitter on it. Right. What a load of crap.
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Richard Hack (profile), 20 Dec 2013 @ 7:34pm

Heh, Heh
Hey, it's Oklahoma, the anus of the United States... :-)

Oklahoma just got telephones and television last year... :-)

Oklahoma doesn't "do" "glitter"... :-)

I appear here most evenings...Try the veal...
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David, 22 Dec 2013 @ 1:07pm

Re: Re:
You better believe they are washing their hands after having touched the constitution. The parts they have not yet dumped on are icky to them.
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David, 22 Dec 2013 @ 1:22pm

Re: Re:
More like "they may as well call themselves communists". Communism is a political ideology that can't really be detected in more than traces in the regimes claiming to be communist.

The trend of any government is to focus power to the selected few running the government.

Whether you are talking about "communism" or "democracy": political systems supposedly expressing the will of the average person or working class will always gravitate to exploitive government by an established privileged class.

When the point arrives where sheep only have wolves to vote on, they have little choice but kill them all and start from scratch (ok, this does sound like Marxistic political theory actually). The frustrating thing is that it will not stick.
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David, 22 Dec 2013 @ 1:32pm

Re:
as soon as something happens in the USA that someone in authority doesn't like, charges are brought against the perpetrators. there may well not be any actual law that applies, so one is easily conjured up to fit the bill.

One? Dozens. If you don't fold under blackmail, excuse me, a plea deal, you will have to bear the legal costs of defending yourself against charges adding up to about a hundred years. Only rich people have that option. The others will have to go into the slammer for whatever the prosecutor likes, maybe half a year, maybe more. Or commit suicide like Aaron Swartz in order to save at least their family from bankruptcy.

If you look for justice in some central African state, you'll have to muddle through corrupt officials.

In the U.S.A., the whole system itself is corrupt. Buying justice is far more expensive than in "uncivilized" countries.
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David, 22 Dec 2013 @ 1:36pm

Re:
Just another step on the road to America becoming a corporate-controlled, police state.

That wasn't the road, it was the door between kitchen and pantry. The road trip reached its destination a while ago.
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