Lieutenant removed from Rapid Response Team as Portland police investigate his texts with ... Page 1 of 4 ,,-«"""'~,,

Lieutenant removed from Rapid Response Team as Portland police investigate his texts with Patriot Prayer's Joey Gibson

(8 oregonlive .com/crime/2019/02/portland-police-lieutenant-removed-from-ra pid-response-tea m-as-bu reau-investigates­ h is-texts-with-patriot-praye rs-joey-g ibso n. html February 15, 2019

1. Crime

Updated 5 days ago; Posted 5 days ago

A rally and march were held Saturday, Nov. 4, 2017, in downtown Portland, part of a series of nationwide rallies calling for the removal of President Donald Trump and Vice President Mike Pence a year after the general election. Patriot Prayer leader Joey Gibson appeared at the rally location in Jamison Square. (StephanieYao Long/Staff)

By Maxine Bernstein I The Oregonian/Oregonlive

Portland police Lt. Jeff Niiya has been removed from the Rapid Response Team and barred from communicating with any protest organizers as the bureau investigates his frequent text messages and emails with Joey Gibson, the leader of the right-wing Patriot Prayer group.

The Police Bureau also has scheduled a "listening session" next week to hear public concerns about the lieutenant's communications with Gibson in 2017 and 2018 before, during and after protests in downtown Portland. Many of the rallies and demonstrations

https://www.printfriendly.com/p/g/ A wmgXC 2/21/2019 Lieutenant removed from Rapid Response Team as Portland police investigate his texts with ... Page 2 of 4 turned violent as Gibson ar, is supporters clashed with counter-pr( ters, often led by self-described anti-fascist demonstrators, or antifa, dressed in black with their faces covered.

"It is imperative that we come together to hear people's concerns and ideas," Police Chief Danielle Outlaw said Friday in a statement as the bureau announced restrictions to Niiya's assignment. "2019 is a year for solutions. We would like for the public to have the opportunity to share with the Portland Police Bureau their ideas for how to move forward."

By the end of the day, Mayor Ted Wheeler said he and the chief would provide training for officers "around how to identify white supremacy" and that he would order an independent investigation "to review the existence of bias in the actions of the (Police Bureau) leading up to and during demonstrations involving alt-right and anti-fascist protesters."

"Chief Outlaw agrees this is a necessary next step and is more than ready to work with me on this," Wheeler said in a statement. "I have heard from the people of Portland. I agree we must do more to ensure that we adhere to the values affirmed by the resolution recently passed by City Council to condemn white supremacist and alt-right hate groups."

The police chief earlier said she would launch an internal review of the texts and emails to "determine if any bureau directives were violated."

Niiya has served as a bureau liaison to protest organizers since Occupy Portland in 2011. The hundreds of messages released by police show an ongoing rapport with Gibson. Niiya sometimes alerted Gibson to counter protesters' movements during demonstrations. He provided information to Gibson on the level of police presence to expect at certain protests.

The lieutenant also informed Gibson about an arrest warrant for Gibson's sidekick, Tusitala "Tiny" Toese, that could cause Toese problems if he acted out during a protest. (Gibson and Toese have since parted ways.)

Niiya asked Gibson repeatedly about the number of supporters the Patriot Prayer frontman expected to show up and where in the city. Other communications were more chummy, with Niiya congratulating Gibson when Gibson shared that he planned to run for a U.S. Senate seat or ending messages by wishing Gibson a great weekend.

Niiya's email and text message exchanges with Gibson, first obtained by Willamette Week and Portland Mercury and then released late Thursday by the Police Bureau, generated immediate criticism from the mayor, City Commissioner Jo Ann Hardesty and multiple community leaders.

City Commissioner Chloe Eudaly joined in later, saying in a statement: "This revelation has only served to confirm suspicions and deepen the divide between the PPB and the community. All members of our police bureau must follow our rules and uphold our progressive values, not aid and abet groups and individuals bent on doing harm to our communities and responsible for terrorizing our city." https://www.printfriendly.com/p/g/AwmgXC 2/21/2019 Lieutenant removed from Rapid Response Team as Portland police investigate his texts with ... Page 3 of 4 Community activists quick!} )k to social media, decrying the comrr cations as evidence of what they've complained is the bureau's leaning toward protecting Patriot Prayer members and their affiliates while targeting counter-protesters during the clashes.

The Pacific Northwest Antifascist Workers Collective issued a call on Twitter to demonstrate outside City Hall on Friday to demand the city and Police Bureau "be held accountable for supporting, protecting and collaborating with violent ultra nationalists and fascists who perpetrate violence in our city." About two dozen activists gathered, saying the mayor should leave his post as police commissioner and that independent investigators should review the Police Bureau. Activists rallied outside City Hall in Portland Friday

9

Gallery: Activists rallied outside City Hall in Portland Friday

The Oregon chapter of the Council on American-Islamic Relations, the Oregon Justice Resource Center and Western States Center issued a statement, saying the "warm texts and helpful tips to Patriot Prayer leader Joey Gibson is just the latest news showing an inappropriate and disproportionate response to alt-right groups" from police.

Lt. Craig Morgan, president of the Portland Police Commanding Officers Association, criticized Wheeler and Hardesty for what he called "their rush to judgment" that may "enflame and prejudice" the bureau's investigation and outcome.

"The PPCOA is confident the investigation will reveal that Lieutenant Niiya was acting in the best interest of the city of Portland and its community members. Lieutenant Niiya's actions were within Portland Police Bureau (PPB) Directives and Policy," Morgan wrote in response. " Lieutenant Niiya was given direction by PPB management to establish relationships with known event or demonstration organizers to assist the bureau in its planning and to develop a shared understanding of the organizers' needs and objectives. Furthermore, PPCOA believes the investigation will show Lieutenant Niiya always communicated with dignity, courtesy, and respect."

The bureau's listening session is scheduled for 6 to 8 p.m. Thursday, Feb. 21, at the Maranatha Church, 4222 N.E. 12th Ave.

(Gordon Friedman of The Oregonian/OregonLive contributed to this report.)

-- Maxine Bernstein

Visit subscription.oregonlive.com/newsletters to get Oregonian/Oregonlive journalism delivered to your email inbox.

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Portland cop's chatty texts to Patriot Prayer spur outrage but are standard police strategy, experts say

(t oregonlive.com/crime/2019/02/pol ice-expe rts-weig h-in-on-portland-lieutenants-controversial-text-messages-with­ patriot-prayer-leader. htm I February 16, 2019

1. Crime

Posted 5 days ago

Joey Gibson, leader of the ring-wing Patriot Prayer group, and supporters marched through Portland on Jan. 20, 2018, the one-year anniversary of President Trump's inauguration and the same day as a national Women's March.

By Maxine Bernstein I The Oregonian/Oregonlive

As violent protests became almost routine the last two years in Portland, the officer overseeing the police crowd control team worked almost full-time reaching out to protest leaders to decide how police should plan and staff the demonstrations.

Lt. Jeffrey Niiya exchanged hundreds of texts and emails with Joey Gibson, the outspoken leader of Patriot Prayer, as the right-wing group ventured into Portland to stage rallies that drew counter-protesters and often devolved into bloody brawls.

Disclosure of the messages and rapport between Niiya and Gibson ignited a firestorm in the https://www.printfriendly.com/p/g/q9zJMx 2/21/2019 Portland cop's chatty texts to Patriot Prayer spur outrage but are standard police strategy, ex... Page 2 of 6 past several days.

City Commissioner Jo Ann Hardesty, followed by Mayor Ted Wheeler, and community activists reacted with outrage. They jumped on the cozy communications as evidence of their long-standing fears that police have colluded with ultra-conservative demonstrators and targeted leftist opponents.

The heated flap shines a light on the challenge police face, law enforcement specialists say: While police gather information to keep the peace on city streets, as their policies direct, they're also expected to maintain a fair playing field for dueling demonstrators.

"If there's one thing we learned from Charlottesville, you have to connect with demonstrators from both sides," said Chuck Wexler, executive director of the Police Executive Research Forum, a nonprofit police policy organization. "Not to do that is a recipe for disaster."

In 2017, police in Charlottesville, Va., were ill-prepared for the white nationalist Unite the Right rally that left dozens injured and one counter-protester dead.

"You can't just pick and choose which demonstrators you like," Wexler said.

The confiding tone of Niiya's emails and texts could be taken as preferential treatment to people not familiar with police technique, said Erroll G. Southers, a national security professor at the University of Southern California.

"I can understand how it looks to the oppositional groups. Don't get me wrong, the optics are not real good," said Southers, a former FBI agent. "As soon as you appear to show some sort of favoritism or allegiance with an extremist group that can become a problem."

But it's common to be conversational and work to establish a relationship, he said.

CROWD CONTROL POLICY

It's not the first time communications by Niiya, a 22-year police veteran who has been the bureau's liaison with demonstrators since Occupy Portland in 2011, have sparked controversy.

Two years ago, his emails and text messages with a member active in left-leaning protests, June Davies, became public. Then, critics accused Davies, known as "Gia," of being an informant for the police.

Their text exchanges spanned months, often discussing police presence at protests, how activists might respond and Davies inquiring if certain people were arrested during marches and Niiya providing what information he could.

https://www.printfriendly.com/p/g/q9zJMx 2/21/2019 Portland cop's chatty texts to Patriot Prayer spur outrage but are standard police strategy, ex... Page 3 of 6 -tr'""" Since then, Niiya has contirr J to make overtures with self-describe ,,ti-fascist demonstrators and their allies but has had less success as a result, said Lt. Craig Morgan, president of the Portland Police Commanding Officers Association, the union that represents lieutenants.

Morgan said counter-demonstrators often have been less organized or without a clear leader and some don't recognize police authority. They have been less inclined to talk to officers before or during a protest, he said.

"Obviously Joey Gibson was willing to engage in a dialogue and quite frankly, willing to provide information to us," Morgan said. "We were getting valuable information to help us shape our responses and keep Portland safe.

"You can second-guess the friendly tone but the reality is it's done to build rapport with people to get information out of them for public safety. That's a time-tested technique. Niiya has tried to do it with people from all sides."

The Police Bureau's policy on crowd control directs officers to "make reasonable efforts to contact and engage in dialogue with known event or demonstration organizers." That's done to plan and to "develop a shared understanding of the organizers' needs and objectives," according to the policy.

The bureau also should communicate its expectations and tell participants what's allowed or restricted during a protest, it says.

Officers who are liaisons are encouraged to maintain contact with organizers before and during the events and to interact with crowds in non-confrontational ways, the policy advises.

But police, while doing that, must avoid providing any suggestion or perception that they're backing one group over another, said Brian Levin, a former New York City police officer and now director of California State University's Center for the Study of Hate and Extremism.

"Police are in a difficult position trying to maintain some type of communication to forestall violence," Levin said. "Police work requires that there be communication with folks that ain't choir boys."

Gibson, who lives in Washington, has become a particularly polarizing figure on the Portland protest scene, drawing people espousing hateful views to his gatherings - including right­ wing supporters from out of town known for clashing with antifa activists. Despite the mayor's attempts to derail it, he held a rally in Portland in June 2017, shortly after a man was accused of fatally stabbing two good Samaritans and wounding a third on a MAX train who had tried to stop his racist rant. The alleged killer had attended one of Gibson's past rallies, though Gibson subsequently denounced him.

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Niiya's texts and emails witi ibson show him sometimes telling Gib I about the movements of counter-protesters, telling Gibson if officers will be on foot or bike at protests, even warning Gibson about an arrest warrant for one of his devoted followers.

"The problem is, even if the intentions here weren't malicious, the perception can damage the police-community relationship significantly," Levin said.

Wexler added that if demonstrators on one side don't want to talk to police, "you keep trying. You do the best you can. You try to talk to as many demonstrators on as many sides as you can" or friends of friends.

CAN'T AID AND ABET

It's important for Niiya to have shared his communications and information he got from Gibson with command staff, said the USC's Southers, also the author of the book "Homegrown Violent Extremism."

According to the material released, Niiya often alerted the police chief, an assistant police chief and others, including the mayor's office, about details gleaned from Gibson. At one point, the communications referenced a meeting that police, Gibson and Wheeler had before the June 2017 protest.

It's appropriate to find out a protest group's plans, the number of people expected at a march, and who's expected to show, Southers said.

Niiya's suggestion to Gibson during one protest that Gibson may want to move his group because counter-protesters were headed his way also was appropriate to reduce the potential for violence, Southers said.

Even Niiya's hearty congratulations to Gibson upon learning he was running for U.S. Senate -- "personally I don't have a problem with that," he said.

What would be unacceptable, he said, is police "willing to aid and abet" or fraternizing with an extremist organization.

Gibson's remark in one message to Niiya, when Gibson apologized, noting "I accidentally said portland police has our back. It slipped," is the kind of remark that can be explosive, the experts said.

'HE WAS THE SAME WITH All GROUPS'

The texts and emails give a one-sided view of how crowd control preparations work, said former Portland Deputy City Attorney Jason Loos, who was legal adviser to the Police Bureau from 2016 through 2018 and worked nearly every protest during that time.

Loos said he found Niiya to be professional and courteous to all sides.

https://www.printfriendly.com/plg/q9zJMx 2/21/2019 Portland cop's chatty texts to Patriot Prayer spur outrage but are standard police strategy, ex... Page 5 of 6 "There seems to be a lot of cism because Sergeant Niiya was 'frii ly,"' Loos said. "I can guarantee you he was the same with all groups."

Niiya's alert to Gibson on the night of Dec. 8, 2017, and again the next day, on Dec. 9, 2017, about his supporter's arrest warrant just before one protest made tactical sense, Loos said. Niiya advised Gibson that Tusitala John "Tiny" Toese, also a member of the far-right Proud Boys, had a disorderly conduct warrant in Portland and suggested that it be taken care of before Toese came to the city. Niiya also said officers could arrest Toese if he acted out but it wasn't likely to occur.

"It is trying to avoid a flashpoint," Loos said. "It is in no way allowing them to evade arrest. It is trying to avoid having them arrested in the middle of a demonstration."

Police did end up arresting Toese during a protest on Dec. 9, 2017, accusing him of additional allegations of attempted fourth-degree assault, harassment and second-degree disorderly conduct, in addition to the prior disorderly conduct warrant he faced, court records show.

Morgan, the union president, said there's a "sense of frustration" that the mayor condemned Niiya's actions before an internal investigation began.

"It feels like he's already got his mind made up," Morgan said.

Now, it's important for the Police Bureau to repair the break in the community's trust, the experts all agreed.

"It can be a catalyst for division or a catalyst for positive change," Levin said.

The bureau must do a full investigation and make it public when it's done, they said.

Going forward, police need to ensure their text messages, emails and social media posts don't "look overly chummy" with either group of protesters, Levin said. Police also must continue to broadcast parameters set for future protests before an event and enforce them evenly "without respect to ideology," he said.

Gibson on Friday said his contacts with Niiya were no different from Davis, the left-leaning protester.

"Anytime I wasn't coming into Portland, Niiya was happy," Gibson said. "It's funny to watch everyone's reaction because he was doing his job."

Niiya himself wrote to Gibson last October: "It's a tough job and trying to weigh everything to come out with everyone safe and happy. Probably will never happen but we try. And I try to do the best I can to communicate to you and the others on the other side who will listen to me."

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Text messages between Patriot Prayer leader, Portland cop spur calls for investigation

Qt oregon live.com/portland/2019/02/text-messages-between-patriot-prayer-leader-portla nd-cop-spur-calls-for- investigation.html February 15, 2019

1. Portland

Updated 5 days ago; Posted 6 days ago

A rally and march were held Saturday, Nov. 4, 2017, in downtown Portland, part of a series of nationwide rallies calling for the removal of President Donald Trump and Vice President Mike Pence a year after the general election. Patriot Prayer leader Joey Gibson appeared at the rally location in Jamison Square. (Stephanie Yao Long/Staff) LC-

By Staff reports

Text messages between a Portland police lieutenant and Joey Gibson, the leader of right­ wing group Patriot Prayer, in 2017 and 2018 show the officer provided Gibson a heads-up on counterprotesters' movements during demonstrations and warned Gibson to tell group members with active warrants to avoid drawing police attention, revelations that spurred two city leaders to call for an inquiry.

https://www.printfriendly.com/p/g/PmuLvm 2/21/2019 Text messages between Patriot Prayer leader, Portland cop spur calls for investigation Page 2 of 4 Hundreds of texts, reported irsday by Willamette Week and the Po ,, md Mercury and later released on the Portland Police Bureau's website, show a friendly rapport between Gibson and Lt. Jeff Niiya, a more-than-20-year member of the Portland Police Bureau. He routinely reaches out to protest leaders to learn what officers should expect during demonstrations. But the exchanges between Niiya and Gibson appear to echo concerns of critics who believe the Portland Police Bureau protects Patriot Prayer members and their affiliates during city demonstrations that often turn violent, and targets people opposing them.

Some incidents cited by critics include several anti-fascist demonstrators being injured by flash-bang grenades released by Portland officers during an Aug. 4, 2018, protest of a Patriot Prayer rally in downtown Portland.

Before that protest, Niiya texted Gibson that officers would move to keep Patriot Prayer members separated from people opposing them.

"No patriots going to them no Antifa to you," Niiya wrote. "If they get close we will be in between."

Some of the texts show Niiya told Gibson where opposing groups were holding protests, whether or not they were linked to a Patriot Prayer demonstration, Willamette Week reported.

In one message, Niiya alerted Gibson that several antifa members were heading toward him during a Dec. 23, 2017, protest. The Mercury reported Niiya said, "we will have officers nearby but you may want to think about moving soon if more come."

Gibson often texted Niiya and asked him to investigate people based on videos made by the group or comments left on Patriot Prayer's Facebook page, The Mercury reported. It's not clear if police investigated anyone at Gibson's suggestion.

Texts also show Gibson revealed plans to run for U.S. Congress representing Washington before he formally announced his candidacy publicly.

"(You're) running for office?!!" Niiya said. "Good for you. County level?"

Gibson replied that he was running for Senate and it would "take a miracle for me to win but people are backing me so we will see what happens."

"I will be using Portland and Seattle protesters as a part of the campaign so it will impact you guys unfortunately, so I (apologize) now ahead of time."

DOCUMENTS: EMAILS AND TEXT MESSAGES BETWEEN PORTLAND POLICE LIEUTENANT AND JOEY GIBSON

https://www.printfriendly.com/p/g/PmuLvm 2/21/2019 Text messages between Patriot Prayer leader, Portland cop spur calls for investigation Page 3 of 4 It's unknown if Niiya has sin,r< · rapports with anyone affiliated with g. ,:>s that oppose Patriot Prayer. He exchanged hundreds of texts in 2017 with activist June Davies, who at times marched alongside antifa.

Davies at times asked Niiya about friends arrested or under investigation and discussed police presence at activist events, The Oregonian/Oregonlive found. Portland police said in 2017 that officers routinely communicate with organizers and activists to determine appropriate police response.

"We don't take sides in these conflicts," Niiya told The Oregonian/Oregonlive in 2017. "I don't like us standing between the two groups and, if there's a march, I don't like us marching alongside them."

He said he wanted protest leaders to police themselves as much as possible and that officers would intervene if they witnessed people breaking the law.

Mayor Ted Wheeler called the text messages "disturbing," said that they appeared to encourage Gibson and that incidents like this contribute to public distrust of the Portland Police Bureau. He said he's asked Police Chief Danielle Outlaw to launch an investigation and "report back to me expeditiously."

"It is imperative for law enforcement to remain objective and professional, and in my opinion, these text messages appear to cross several boundaries," Wheeler said in a statement. "They also raise questions about whether warrants are being enforced consistently and what information is being shared with individuals who may be subject to arrest."

Portland Commissioner Jo Ann Hardesty in a statement Thursday said the texts didn't shock or surprise her and confirmed that "there are members of the Portland police force who work in collusion with right-wing extremists." She said news of the text exchanges should be used to help buoy police reform that calls for "policing that treats all community members with respect and allows for peaceful protest free of intimidation and bias."

Hardesty said she and other community groups are calling for an independent investigation into correspondence between police officers and members of alt-right groups and individuals.

"The incidents we hear about are not 'one off's' but everyday examples of a broken policing system in Portland that must be addressed," Hardesty said. "I look forward to supporting actions of accountability. I ask that the Mayor and Police Chief Outlaw take swift action and I will also be here to demand justice if that call is not met."

Outlaw issued a statement late Thursday night after posting all the text messages and emails between Gibson and the lieutenant on the bureau's website.

https://www.printfriendly.com/p/g/PmuLvm 2/21/2019 Text messages between Patriot Prayer leader, Portland cop spur calls for investigation Page 4 of 4 "! have directed an internal i stigation to review the context of thes ,mmunications and determine if any Bureau directives were violated," she said in the statement. "If anything is identified that is deemed outside of our values and directives, it will be addressed."

- The Oregonian/Oregonlive

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Portland mayor makes case for investigation of police texts with right-wing leader

{t oregonlive.com/portland/2019/02/portland-mayor-makes-case-for-investigation-of-police-texts-with-right-wing- ~ti![,-r~I/R,1 R. Friedman I The Oregonian/Oregonlive February 20, 2019

Mayor Ted Wheeler zeroed in on a particular exchange of text messages Tuesday in defending his call for investigations of affable messages between a Portland police lieutenant and Joey Gibson, leader of the right-wing group Patriot Prayer.

The exchange the mayor said deeply troubled him was one in which the commander of the Portland Police Bureau's protest monitoring squad, Lt. Jeffrey Niiya, warned Gibson that a warrant had been issued for one of his supporter's arrest.

Saying at once that he intends to "reserve judgment" until an investigation is complete and that the exchanges "raised significant questions," Wheeler said his chief concern is what appears to be a police lieutenant coaching someone "about how to avoid arrest."

"Is that standard police strategy?" the mayor asked rhetorically during a press conference Tuesday.

Former deputy city attorney Jason Loos, who worked closely with Niiya, told The Oregonian/Oregonlive that warning Gibson about his supporter's warrant before a protest made tactical sense. Loos,

now city attorney in Rochester, Minnesota, said the advice was "to avoid a flashpoint" and not have him arrested in the middle of a protest.

Portland cop's chatty texts to Patriot Prayer spur outrage but are standard police strategy, experts say

"If there's one thing we learned from Charlottesville, you have to connect with demonstrators from both sides," said Chuck Wexler, executive director of the Police Executive Research Forum. "Not to do that is a recipe for disaster. You can't just pick and choose which demonstrators you like."

The news reports prompted a flood of public criticism of the Police Bureau, renewing charges that police officers favor right-wing demonstrators and actively work to aid them.

https://www.printfriendly.com/p/g/bGWTgX 2/21/2019 Portland mayor makes case for investigation of police texts with right-wing leader Page 2 of2 Among those putting forth a'· criticism of the police were Portland C Commissioners Jo Ann Hardesty and Chloe Eudaly. Wheeler said the messages were "disturbing" and called for an investigation.

Their statements drew rebukes from the police commanders' union and others who defended the contacts with protest leaders on both sides as a law enforcement best practice to improve public safety. On Tuesday, the police commanding officers' union filed a formal grievance against Wheeler for his public rebuke of Niiya.

Police union blasts Mayor Ted Wheeler's criticism of cop for friendly exchanges with right-wing group leader

The Portland Police Commanding Officers Assocation also filed a workplace harassment complaint against Wheeler and City Commissioners Jo Ann Hardesty and Chloe Eudaly.

Wheeler told reporters on Tuesday that the Police Bureau, of which he is commissioner-in-charge, must conduct its own investigation and also hire an outside firm to look into the facts. He offered no timeline for such an inquiry, but stressed its importance in maintaining public trust in Portland's police force.

"Let's let the investigation go where it goes," Wheeler said.

-- Gordon R. Friedman

[email protected]

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Mayor's staff got protest intel on Patriot Prayer from Portland cop under fire for texts with right-wing leader

Qt oregonlive.com/crime/2019/02/mayors-staff-got-protest-intel-on-patriot-prayer-from-portland-cop-under-fire-for-texts­ with-right-wing-leader. html February 21, 2019

1. Crime

Updated 10 hrs ago; Posted 13 hrs ago

Mayor Ted Wheeler's senior policy advisor Berk Nelson was in regular contact with Portland police Lt. Jeff Niiya to learn about Joey Gibson's plans. "Jeff is trying to develop a relationship with Joey ... his job is to get as much intelligence as possible, but I didn't know how deep it went," Nelson said.

By Maxine Bernstein I The Oregonian/Oregonlive

The Mayor's Office has relied on a Portland police lieutenant to keep tabs on right-wing protest leader Joey Gibson, sometimes texting him at all hours to ask about Gibson's whereabouts or plans.

It's the same lieutenant, Jeff Niiya, who has come under fire in the last week from Mayor Ted Wheeler and other city officials.

https://www.printfriendly.com/p/ g/cstgT5 2/21/2019 Mayor's staff got protest intel on Patriot Prayer from Portland cop under fire for texts with ri... Page 2 of 5 After Niiya's text messages h the Patriot Prayer leader were madE. blic last week, Wheeler called the lieutenant's messages "disturbing," said they appeared to "cross several boundaries" and "unnecessarily encourage" Gibson. Wheeler, who also serves as the city's police commissioner, has requested an independent investigation to review if police acted with bias in their actions leading up to and during demonstrations involving alt-right and anti­ fascist protesters.

The Police Bureau on Wednesday released another batch of Niiya's communications as the bureau's crowd control supervisor, this time with Berk Nelson, Wheeler's senior policy adviser on public health and safety, in response to a public records request from The Oregonian/Oregon Live.

The communications start in April 2018 and continue through this month, with Nelson often questioning Niiya before a planned protest about Gibson's plans. They include questions about Gibson and Patriot Prayer in relation to a demonstration outside the federal immigration enforcement building in Southwest Portland, downtown protests and a hearing at City Hall.

READ: TEXT MESSAGES BETWEEN LT. JEFF NIIYA AND MAYOR'S SENIOR POLICY ADVISER BERK NELSON

Nelson told The Oregonian/Oregonlive that he often reached out to Niiya to find out about when and where Gibson and Patriot Prayer protesters would be so the city would be prepared for any violence that might occur. Nelson said he needed to alert the mayor of any potential public safety threats and Patriot Prayer has been "one of those threats over the last two years."

"I knew Jeff was in contact with Joey. I wasn't surprised. I just didn't know to what extent the conversations took place," Nelson said. "Jeff is trying to develop a relationship with Joey ... his job is to get as much intelligence as possible, but I didn't know how deep it went."

Nelson added, "I'm not an expert in how police gather information. I leave that up to them," but he said he could understand how jarring Niiya's text messages with Gibson could be to "people who don't understand police tactics."

"To the lay person just seeing those texts at face value are concerning," he said.

The mayor and two other city commissioners have complained that Niiya alerted the Patriot Prayer leader to counter-protester movements and said his texts raised questions about consistency in enforcing arrest warrants. In one text, Niiya informed Gibson that one of his follower's should take care of his outstanding arrest warrant before he came into Portland.

The police commanding officers union has defended Niiya, saying his job is to maintain an open line of communication with all protest organizers and that police regularly informed the Mayor's Office about their tactics.

https ://www.printfriendly.com/pl g/ cstgT5 2/21/2019 Mayor's staff got protest intel on Patriot Prayer from Portland cop under fire for texts with ri... Page 3 of 5 "Certainly the mayor's initia( mments gave the impression that he unaware of the communications between Niiya and Gibson," said Lt. Craig Morgan, president of the Portland Police Commanding Officers Association. "These texts show that not only was his top aide aware of the conversations, but he was requesting specific information about Patriot Prayer and Gibson as situations developed."

Nelson said the outside investigation that Wheeler is calling for isn't focused on Niiya's text messages with Gibson, but a broader look at how police investigations are handled and how rapport is developed between officers and protest leaders.

The communications between Nelson and Niiya show:

--The day before Patriot Prayer members and counter-protesters squared off in downtown Portland last Aug. 4, Niiya sent Nelson a message.

"Heard you are looking for timeline info on Gibson's movements tomorrow," Niiya wrote on Aug. 3. "I heard on one of his videos they hope to leave the Fred Meyers in Vancouver with the first bus around 10 am."

-- Four days before another Patriot Prayer protest planned in downtown Portland, Nelson texted Niiya on Nov. 13, "Any word on the location of the protest yet? Where PP (Patriot Prayer) is going to locate?"

Niiya responded, "They have a permit for Terry Schrunk on Sat. They say no march, so this should stay on the area of the parks."

Nelson asked Niiya via another text, "But was also checking if you knew what time Gibson was going to show up"

Niiya responded a short time later, "he has not communicated with me about Sat."

That Saturday, Nov .17, a protest billed as a rally for free speech and campaign event for Gibson, then a Republican candidate for U.S. Senate in Washington state, saw hundreds of his supporters bused in from across the border. Many wore helmets, crash pads and shields decorated with the Confederate battle flag. They were met by counter-protesters from a coalition of organizations on the left including a group called Popular Mobilization, another group dressed up as clowns and self-described antifascist activists.

Police formed barriers along Southwest Naito Parkway early in the day and kept the groups separated. The biggest skirmish came when police in riot gear ordered a group of counter­ protesters to disperse around 2 p.m. The group, clustered near the intersection of Southwest Naito Parkway and Southwest Columbia Street, didn't immediately leave and officers began firing dozens of flash-bang grenades and rushing toward the crowd, shoving some protesters out of the street.

https://www.printfriendly.com/p/g/cstgT5 2/21/2019 Mayor's staff got protest intel on Patriot Prayer from Portland cop under fire for texts with ri... Page 4 of 5 -- Three days before the m, · and City Council were to vote on an nance rejecting white nationalism, white supremacy and alt-right hate groups this month, the mayor's adviser once again reached out to Niiya about Gibson.

"Are you hearing anything on Twittersphere re: Joey Gibson and coming on Thursday?" Nelson wrote in a text message on Feb. 4.

A short time later, Niiya responded, "Quick search and nothing from Joey specifically but Haley Adams and her group look like they will be there." Adams is a Patriot Prayer supporter.

-- On July 21, as people camped outside the ICE building in Southwest Portland, Nelson texted Niiya, "Lt. any dust up or appearance yet?"

A minute later, Niiya responded, "Joey just showed up with 5 others. Calm right now. Talking with protesters."

-- Last summer, the night before a planned protest at City Hall, Nelson texted Niiya on Aug. 7, "How many people are coming to City Hall?"

Niiya responded three minutes later, "CIU (Criminal Intelligence Division) is believing 30-10. However, Facebook shows 287 going. I could personally see 150ish coming between the 2 protest groups."

The next day, a protest against police use of force turned violent when activists tried to storm Portland City Hall, clobbered one security guard and scuffled with several others. It was the biggest disruption to a Portland City Council meeting in more than a year. Protesters were demonstrating against police crowd control techniques from a demonstration the Saturday before. Lt. Jeff Niiya's messages to Gregory McKelvey

3

Gallery: Lt. Jeff Niiya's messages to Gregory McKelvey

The Oregonian/Oregonlive also has requested Niiya's communications with counter­ protesters or organizers of other rallies, but the police bureau hasn't released them yet.

In an interview Wednesday, Gregory McKelvey, the leader of a series of protests against the election of Donald Trump and police use of force, said Niiya had contacted him in mid­ August 2017, but he didn't want to communicate with police about his demonstrations.

https://www.printfriendly.com/p/ g/cstgT5 2/21/2019 Mayor's staff got protest intel on Patriot Prayer from Portland cop under fire for texts with ri... Page 5 of 5 McKelvey shared message :iya sent him in August 2017 in which a described to McKelvey his role as "reaching out to event organizers to learn more about their events and then providing information to my bosses so they can make decisions if there is a need for police due to public safety concerns." Later, Niiya gave McKelvey information about what actions would draw a police response, such as large groups marching across bridges, entering freeways or impacting mass transit.

"There was no reason for me to establish any communication and many reasons not to," McKelvey said Wednesday. "It doesn't make sense to work with the police in protesting the police, which was a bulk of my protest work. They are one of the targets of our protests so why would I need to communicate?"

Police Chief Danielle Outlaw has scheduled what she called a "listening session" to hear public concerns about the lieutenant's text messages with Gibson from 6 to 8 p.m. Thursday at the Maranatha Church, 4222 N.E. 12th Ave.

An hour before the gathering, the Portland Democratic Socialists of America and several other groups are hosting a rally outside the church, urging police reform and that Wheeler turn control of the police bureau over to City Commissioner Jo Ann Hardesty.

-- Maxine Bernstein

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Portland cop's texts before dueling June 2017 rallies show warnings to all to avoid violence

(t oregonlive.com/crime/2019/02/portland-cops-texts-before-dueling-june-2017-ra/lies-downtown-show-warnings-to­ avoid-violence.html February 21, 2019

1. Crime

Updated 47 min ago; Posted 4 hrs ago

Four separate demonstrations - either simultaneously or within a few hours of each other - were held near City Hall and adjacent parks in downtown Portland, June. 4, 2017. Joey Gibson talks with another demonstrator.

By Maxine Bernstein I The Oregonian/Oregonlive

Weeks before dueling rallies in downtown Portland in early June 2017, Portland police Lt. Jeff Niiya reached out to members of Patriot Prayer, Oath Keepers, the anarchist black bloc, Occupy Portland participants and others, hoping to avoid violence, police records indicate.

Portland police on Thursday morning released Niiya's June 10, 2017, police report and transcription of his text messages from the protest day in response to a public records request by The Oregonian/Oregonlive.

https://www.printfriendly.com/p/g/yh3UYm 2/21/2019 Portland cop's texts before dueling June 2017 rallies show warnings to all to avoid violence Page 2 of 4 At the time, Niiya was the special events sergeant for Central Precinct and wrote in his report that it was his assignment to work with rally organizers. He said he was concerned about potential violence between the multiple groups.

"To achieve this, I had to make contact with all parties involved in the permitted Free Speech Rally and planned counter protests," he wrote in his report.

Niiya has come under recent fire from Mayor Ted Wheeler, two city commissioners and others for later texts and emails with Joey Gibson, the leader of the right-wing group Patriot Prayer. A police internal investigation is underway into Niiya's communications with Gibson, and Wheeler has called for an independent investigation into alleged police biases in response to city demonstrations.

The June 2017 rally was fraught almost from the start, with Gibson challenging the city's liberal sensibilities with his brand of conservative politics and rhetoric. He clashed with the mayor in deciding to go ahead with the rally only days after a horrific attack on a MAX train that led to the deaths of two good Samaritans who had intervened in what witnesses said was a racist verbal assault on two young women, including one wearing a hijab. Among those invited to Gibson's "free speech" gathering were far-right figures known for espousing white nationalist views.

Weeks in advance on May 17, Patriot Prayer's self-described security detail leader, Lawerence Cavallero, contacted Niiya and Niiya asked to meet with him and Gibson in person.

In his first call with Gibson later that day, Niiya told him he didn't want any of Gibson's followers carrying weapons in the June rally. Niiya also told Gibson he had concerns about Tusitala "Tiny" Toese's alleged assault of a man at a May 13, 2017, protest downtown, which was captured on video. Niiya said he told Gibson that he believed the Patriot Prayer activists were the aggressors against the anarchists then and advised that Toese would have been arrested if the victim had come forward. There's no record Toese was ever charged in that assault, according to court records.

"I told him explicitly the Bureau does not take sides and we will arrest anyone," Niiya wrote.

Niiya said he impressed on Gibson the need for his followers to "control themselves and not attack others," and tried to discourage Patriot Prayer's plans to march through the city, in an effort to keep problems away from the ongoing Rose Festival's CityFair, his report says. Niiya also shared his dismay with Gibson that Patriot Prayer members were suggesting in online posts that police were supporting the patriot movement.

"This was not acceptable, and I wanted Gibson and the others to stop those types of messages," Niiya wrote in his report.

https://www.printfriendly.com/p/g/yh3UYm 2/21/2019 Portland cop's texts before dueling June 201 7 rallies show warnings to all to avoid violence Page 3 of 4 Niiya, according to his report, reached out on May 19 to activist Star Stauffer, who aligns with the anarchist black bloc, hoping to get a message out to like-minded activists to "remain vocal only and separated from the patriots." Days later, he also reached out to Jamie Partridge, a counter-protester, who shared that so-called peacekeepers would be wearing orange vests during the June 4, 2017 demonstration.

On May 30, Gibson and police met with the mayor.

Niiya's report reveals multiple text messages that he exchanged with Patriot Prayer, as well as counter-protesters and their "peacekeepers" before, during and after the June 4 rally. During the demonstrations, Niiya was in contact with Partridge's peacekeepers, for example, alerting them to concerns about a masked anarchist group, or what Niiya called the "Rose City Redneck Revolt Group."

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That day, dueling rallies engulfed five blocks of downtown Portland as hundreds of Patriot Prayer supporters and counter-demonstrators hurled insults but largely avoided physical confrontation during a tense standoff. Three to four distinct groups of counter-demonstrators overtook the surrounding blocks, forming a perimeter along streets and sidewalks while chanting anti-hate messages and sometimes taunting Patriot Prayer supporters under the watchful eye of police.

Officers used flash-bang grenades and pepper balls to scatter an antifascist crowd gathered in Chapman and Lownsdale squares just north of the Patriot Prayer rally. By 6 p.m., each demonstration had subsided without any significant violence and police had arrested 14.

The release of Niiya's June 2017 report came hours before Police Chief Danielle Outlaw and Wheeler are set to hold a public "listening session" Thursday night at a Portland church to hear community concerns raised by the recent release of hundreds of text messages between Niiya and Gibson in 2017 and 2018. At the request of the Maranatha Church, those attending the session at 6 p.m. will be screened upon entry.

Wheeler, who serves as police commissioner, last week called Niiya's messages "disturbing," said they appeared to "cross several boundaries" and "unnecessarily encourage" Gibson. In some of the messages, Niiya alerted Gibson about the movements of counter-protesters, told Gibson about police staffing plans and warned Gibson to have one of his followers take care of an outstanding Portland arrest warrant.

Niiya's union president defended Niiya's actions, and the Portland Police Commanding Officers Association has filed a grievance against the city and workplace harassment complaint against the mayor and two city commissioners.

-- Maxine Bernstein

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