Militias and "Common • Law Courts" • Wage War— Against tlie Government ^07t^T6fS OF THE Irauwa4tJ fell/ of'do i, THE 6Lx»^ JIM J(/<i^*4(: .Y^.^y . •—-— J/dd/»^lit "cation ofth e Ant.-Defamafon League ^^^Anti-DetamatioAnti-Detamationleaguleagu ee ® David H. Strassler, National Chair Abraham H. Foxman, National Director Howard P. Berkowitz,Chair, National Executive Committee Peter T. Willner, Chief Operating Officer Kenneth Jacobson, Assistant National Director Robert G. Sugarman, Chair, National Civil RightsCommittee Gail L. Gans, Acting Director, Fact Finding Department This report has been made possible through a generous grant from the William and Naomi Gorowitz Institute on Terrorism and Extremism Copies of this report are in the Rita and Leo Greenland Human Relations Library and Resource Center This publication was prepared by: Lori Linzer, Assistant Director, Fact Finding Department David Rosenberg, Assistant Director, Fact Finding Department Designed by: Jan Phair ®199 7 Anti-DefamationLeagu e Printed in the UnitedState so f America All rightsreserve d Table of Contents Executive Summary ii Introduction 1 "Crossovers" 4 Criminal Activity 10 The Violent Fringe 19 Conspiracy Theories: The Bedrock of Militia Belief 22 Anti-Semitism and Racism 25 Political Involvement 30 The Internet 33 Preparedness Expos 38 STATE-by-STATE Western States 39 Northeastern States 43 Midwestern States 45 Southern States 48 APPENDIX A ADL Model Anti-Paramilitary Statute 53 APPENDIX B ADL Model Anti-"Common Law Courts" Statute 54 INDEX 55 Executive Summary Introduction I. AnAD L survey oftoday' s anti-government extremists finds that armed miUtias, although fewer in number, continue to pose a significant threat ofviolenc e and disorder. Rumorso f secretive miHtias abound but, not surprisingly,supportin g evidence is scant. What is clear is that many mihtias now dodge the watchful eyes ofth e policean d the pressb y holdingsmall , unadvertised meetings in private homes and by no longer publicly identifyingthemselve s as militias. II. Militias have expanded in five states, remained relativelystabl e in about 20 states and de­ clined elsewhere. Buta t the same time, the "commonla wcourt " movement, which seeks to replace our legal system with one ofvigilant ejustice , is flourishing; many militiamenan d their supporters are becoming involved in its pseudo-legal activities. "Common Law Courts" III. The "commonla w court" activists' tactic ofchoic e is to defy the legitimate institutionso f government, especiallythei r judicial and law enforcement arms, by replacingthe m with a parallel structure ofthei r own creation. These pseudo-jurists render unenforceable judg­ ments regarding genuine legal disputes and issue phony legal documents including property liens and criminal indictments, in an effort to intimidate or defraud their enemies. IV. "Commonla w court" adherents use outlandish versions ofAmerica n history and bizarre conspiracy theories tojustif y their activities.Man y groups promote anti-Semiticviews ,in ­ cluding the notorious fraud that Jewishbankin g familiesow n the Federal Reserve. MilitiaViolenc e V. while militias have stagnated over the last 18months , some ofthei r members have been involved in scores ofcrimina l acts. They have acquired illegal ammunition andbomb-makin g materials, planned or committed criminal acts ofviolenc e against Federalbuilding so r offi­ cials, and engaged inbitter , even deadly, confrontations with police officers. Their decreased numbers can largelyb e credited to stepped-up vigilance by law enforcement officials. VI. The proclivity toward violence ofth e hard-core anti-government extremists remains firm­ ly in place. Thiswa s recently demonstrated by the terrorist acts oftw o smallband s ofracist , anti-government, would-be revolutionaries. Theirbran d ofextremis t violence should cause concernbecaus e many militiasar e reportedly adopting their tactic of"leaderles s resistance." ossovers" VII. Ever-increasing cross-fertilization between various strands ofth e anti-government extremist movement has begun toblu r the differences that previouslyexiste dbetwee n them. Many activistshav e joinedbot h militia and "commonla w court" groups, breaking down the boundaries altogether The Republic ofTfexas , a San Antonio-basedgrou p that considers itself to be the true LoneSta r State, represents the most comprehensive form ofthi s "crossover" trend. VIII. The growingtendenc y ofanti-governmen t extremists tobroade n their activitiesan d affiliations will likely result in a stronger, more effective overall movement. IX. Severalpublication sappealin g to broad swatches ofth e movement serve as abridg e between different anti-government extremist groups by familiarizing extremists with the views and tactics ofthei r fellow activists. It is also common for literature issuedb y one seg­ ment ofth e movement to surface, orb e used as recruitingtools , among members of another faction. mina lActivit y X. Right-wing anti-government extremists often view law enforcement agents as the foot sol­ diers in a Federal plot to impose tyranny. They refuse to recognize their authority, and reject any laws they deem tob e intrusive.Thei rdefian t stance has ledt o heated — andoccasional ­ ly deadly — encounters with authorities on the local, state and Federal level. XI. The anti-government militancy ofth e so-calledMontan a"Freemen " has inspiredlike - minded activistsi n at least 23state s to file bogus liens,pas sphon y checks, set up "common law courts" and deny the very legitimacyo fth e U.S. Government. Other anti-government extremists, unconnected to the Freemen, have also committed similar acts offrau d against private citizensan d government institutions. cism andAnti-Semitis m XII. Anti-Semites and racists have found a comfortable home in segments ofth e anti-govern­ ment extremist movement. Much ofth e movement's activityi s directedb y groups that pro­ mote anti-Semitisman d racism in additiont o their more visible agitation against the govern­ ment. Propaganda materials passed around at meetings, conventions, gun shows and over the Internet assert that Jews or Jewishinstitution s are co-conspirators in the "New World Order," while classicanti-Semiti c literature ishawke d at militia and "commonla w courf'-oriented events. XIII. Ideas associated with the pseudo-religious, racist and anti-JewishChristia n Identity doc­ trine permeate many "commonla w court" documents and propaganda materials. Inaddition , a number ofth e MontanaFreeme n hold Christian Identitybeliefs . n XIV. While many anti-government extremists reject the blatant hatred espoused by neo-Nazi groups or the KuKlu x Klan, the movement allowsmor e subtle bigots to use Jews, Blacks and other minoritiesa s scapegoats for the nation's problems, both real andimagined . Conspiracies XV. Militia and "commonla w court" ideologues insist that gun controllegislatio n— especial­ ly the Brady Lawan d restrictions on assault weapons — are major components ofa secret and evil government conspiracyt o disarm and controlth e American people. They see an evil Federal Government working inleagu e with the United Nationst o strip Americans of their constitutionalright s and impose a tyrannical "New World Order" Preparedness Expos XVI. Anti-governmentextremist s attempt to recruit sympathizers at gatherings called "Pre­ paredness Expos." These shows primarily feature materials and paraphernalia related to sur- vivalism, but many seminars and speeches presented at the expos are devoted to extremist politics and conspiracytheories . Recent expos featured Christian Identity literature and anti- Semitic tractsb y hatemonger Eustace MuUins. Internet XVII. The Internet is a potent new additiont o the anti-government extremists' arsenal. This worldwide computer network is a very useful tool for pumping out propaganda, facilitating rapid, confidentialcommunicatio namon g members and sympathizers while creating a "virtu­ al" communityo flike-minde d believers scattered around the country. Militias, "common law court" groups and their supporters run dozens ofsite s on the World Wide Web. Some militia or militia-oriented sites eagerly embrace racisman danti-Semitism . PoliticalActivit y XVIII. Some anti-government extremists have been tryingt o acquire a mainstream image and political influence. Theireffort s have been rewarded by several elected officials, who have conferred undue legitimacy upon the movement by expressing sympathy for the extremists' anti-government message, orb y participatingi n militia or Christian Identity-oriented forums. Introduction A new ADL survey oftoday' s anti-government choice ofthes e pseudo-jurists is to defy the extremists finds that armed militias, although legitimate institutions ofgovernment , especial­ fewer in number, continue to pose a significant ly their judicial and law enforcement arms, by threat ofviolenc e and disorder Rumorso f replacing them with a parallelstructur e of secretive, underground militiasabound , but, their own creation. Operating inbogu s courts, not surprisingly, supporting evidence is scant. they render unenforceable judgments regard­ What is clear is that movement leaders are ing disputes that the complainants have al­ advising activists to lie low,lear n to use weap­ ready lost or would likely have lost in a gen­ ons at a firearms course rather than at a militia uine courtroom. "Common law"activist s also gathering, and keep their anti-government issue phony legal documents includingproper ­ thoughts to themselves.