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M E M O R A N D U M

Police Department

To: All Personnel

From: Larry J. Todd

Subject: Growth of Anti-Government Militia: Local Threat Analysis

Date: May 1, 1996

Several recent events have lead the Police Department to conduct a local threat analysis of potential militia activity in Santa Clara County and specifically in Los Gatos. There are four known organized militia units in the greater Santa Clara County area which includes the mountain regions between Los Gatos and Santa Cruz.

The members of these militia units, also known as the Patriot movement, are a mixture of the American far Right, from members of the Christian Coalition to the Ku Klux Klan -- people united by their hatred of the government. These individuals come from all walks of life. Among them are real estate agents, preachers, ranchers, electricians, computer technicians and retired military officers. They include tax protesters, millenialists, survivalists, populists, freemen, constitutionalists, militant abortion foes, radical anti-environmentalists and gun enthusiasts.

They all share a few common characteristics: they are overwhelmingly white, almost exclusively Christian and predominantly male. And they are bitterly disappointed in what they view America has become. While many Americans believe that government is cumbersome and inefficient, those in the Patriot movement are convinced that government is evil. As a result, any government agency, particularly local government which has the highest level of contact with citizens, is a potential target of Patriot attacks. The recent pipe bombing of the Tacoma, Washington, City Hall complex is an example of the extreme measures members of these groups will take.

The ongoing events involving the Freemen Militia group in Montana, combined with the Oklahoma City bombing and the Ruby Ridge and Waco incidents, have heightened the fears of the paranoid individuals who belong to these various groups and increased the possibility that additional attacks will occur. Of particular concern is the Patriots re-interpretation of the Second Amendment fueled by the high profile efforts of the NRA to over-turn the assault weapons ban and the Brady Bill. This has been further reinforced by Pat Buchanan during his effort to win nomination as Republican candidate for President. His pledge to repeal the assault ban and his repeated call for his supporters to "lock and load" has added more fuel to the Patriots belief that armed confrontation is justified. Not only do Patriots ignore the original intent of the Constitution and the U.S. Supreme Court's rulings, they ignore numerous state laws that forbid ownership of these weapons and the formation of private armies.

The Militia of Montana Field Manual, which has been widely circulated, recommends that Patriots purchase weapons with cash and never give their real names. Among the assault weapons recommended are the IN9 .45-caliber, "the ideal machine gun for urban guerrilla warfare against the police and public officials." The Militia of Montana also likes the Rugar Mini-14 because, "It uses the .223-caliber cartridge which packs a high muzzle velocity of over 3,000 feet per second and is therefore capable of penetrating most Kevlar body armor." The manual also gives step-by-step instructions on how to wage urban guerrilla warfare against the police and public officials.

Many Patriots live outside the law, openly evading income taxes, driving without licenses, refusing to register their vehicles, failing to appear in court and opening a vigilante "justice" system that only recognize the first ten amendments to the Constitution, which they believed to be God-given, not man-made. Under this common law theory, a citizen must declare himself "sovereign" to exercise his God-given rights. Women and minorities are excluded from full participation in the democratic process and are excluded from voting or holding office.

One of the primary tactics wielded by common law reactionaries is their version of the commercial lien. Patriots are increasingly filing fake liens against law enforcement officers, elected officials, district attorneys, city attorneys and judges. They will also file against anyone they perceive to be interfering with their common law rights or any other perceived injustice, according to their religious or political beliefs.

The target of such action usually has no idea that a lien has been filed against him. Although the liens have no legal affect, they often sit in court records and credit bureau files like a time bomb waiting to go off. Government officials across the country have been surprised to find such a lien against them on their credit report when they applied for a mortgage or a car loan. Although these liens have no legal standing, it can be a nightmare to have them removed and a credit record cleared.

Since "sovereign citizen" Patriots believe they are not required to pay taxes, obtain driver's licenses, or register their vehicles, they place themselves on a direct track for head-on collision with law enforcement. These patriots believe that if a police officer or some other government official should try to enforce a law in violation of their perceived rights under the common law, they have a right to defend themselves. This includes the use of deadly force.

Scores of local, state and federal officials have been indicted by "common law" grand juries. While most of these indictments remain little more than curious documents of protest, some of the more extreme common law courts take them seriously and have implemented the means for their enforcement. In a number of states, including California, militia units and other parliamentary Patriots have been empowered to "arrest" indicted officials and bring them before the common law court.

While the Police Department periodically receives letters, faxes and phone calls from individuals expressing rather bizarre beliefs, there has been a marked increase particularly regarding firearms and tax issues. Many of these communications expresses high levels of anger and are threatening in tone. Although no formal link has been made to any known militia groups, if these individuals are angry enough to communicate their feelings, those associated with the local militia groups may be equally as angry. Given the history of militia groups to convert their anger into action, it is reasonable to take these threats seriously.

Therefore, all employees should take reasonable precautions and be alert to possible threats. Appropriate caution should be exercised when packages or unusual-looking letters are received. If in doubt, leave it alone and notify the on-duty Sergeant. Document all threats. If someone claims to be a "freeman" or renounces the need to possess a drivers license, etc., make every effort to properly identify the individual. This includes making a right thumb print on a citation or FI card and taking a photograph of the individual.

There is no need to be overly concerned. The information is being provided to simply raise awareness of an evolving problem facing our society. On the other hand, it would be even more foolish to ignore this problem and adopt an attitude that these kind of activities could never happen in Los Gatos. The vast majority of militia activities have targeted officials in smaller communities in, or adjacent to, rural areas. We fit that profile perfectly.

Attached for further information is a recent bulletin from the FBI which provides the text of a memoranda from the Constitutional Militias of the United States. In addition, an overview of a recent publication by the Southern Poverty Law Center's Klan Watch Project entitled "False Patriots: The Threat of Anti-Government Extremists" is provided.

Larry J. Todd
Chief of Police

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