TORONTO — A former U.S. soldier seeking asylum in Canada after fleeing criminal charges and, he alleges, torture at the hands of U.S. jailers, pleaded for mercy from Canadian authorities so he can continue treatment for post-traumatic stress disorder.
“I’m under extraordinary mental distress,” said Matt DeHart, 29, at his detention review hearing in Toronto on Thursday. He said he was receiving counselling from the Canadian Centre for Victims of Torture before his re-arrest for a release infraction and asked to return to therapy.
“I’d like to request mercy in this matter.”
He received none. Mr. DeHart was ordered to remain in jail pending his upcoming immigration and refugee proceedings.
Mr. DeHart and his parents claimed refugee asylum last year after fleeing to Canada before his trial in Tennessee on charges of production and transportation of child pornography.
He claims the charges are a ruse by U.S. authorities to use as leverage in a national security probe into a possible Russian spy ring, his activities as part of the Anonymous hacktivist group and his link to a classified document likely destined for WikiLeaks, the whistle-blowing organization.
But Thursday’s mandatory detention review did not delve into any of those details. Instead, the IRB heard from Canada Border Services representative Alexis McLellan that Mr. DeHart had been turned down by the Toronto Bail Program, a charitable bail supervision program, because he is a fugitive from justice, a disqualifying factor.
Ms. McLellan argued Mr. DeHart remained a flight risk and a danger to the public and requested his continued detention.
Mr. DeHart, speaking via a video link from Central East Correctional Centre in Lindsay, offered assurance his detention was unnecessary.
He said the concern he might disappear once released and “melt away” into the Canadian population, as expressed at a previous hearing, was even more unlikely now: “I’ve been on the front page of a national newspaper,” he said of the Post’s investigation. “I’m now in the media.”
He said the breach of his release condition that sparked his re-arrest was a modest and inadvertent one and not an attempt to evade or escape. The IRB previously heard that Mr. DeHart and his parents were moved by their landlord to an apartment one floor up from where he was under house arrest.
Although the DeHarts notified the GPS monitoring company of the move, which in turn notified CBSA, his release conditions required him to notify CBSA personally. He was arrested the day after the move.
MILTON, ONT., APRIL 2014 Guards at the Maplehurst Correctional Complex, a maximum-security jail near Toronto known to inmates as the Milton Hilton, came to rouse their newest prisoner from a concrete bed in the intake holding cells. Pulling back the hoodie covering his face, they found his T-shirt had been yanked up and twisted around his throat as a ligature.
Matt DeHart leaves the Immigration and Refugee Board of Canada with his parents, Paul and Leann, after a hearing on April 7, 2014. (Matthew Sherwood for National Post)
The distraught prisoner was Matt DeHart, a 29-year-old American who had been brought to jail days earlier by a Canada Border Services Agency official and five police officers, who arrested him at the apartment he shares with his parents while fighting for refugee protection here.
Pulled from the cell and taken to hospital, he appeared to suffer no serious physical injury but underwent a mental health assessment. After returning to jail, Matt then dived headfirst from his bunk onto the concrete floor of his cell, requiring another urgent hospital visit. He told doctors he had crashed on purpose because he “had no hope.”
Days later, Matt appeared by video link at a detention review before a tribunal of Canada’s Immigration and Refugee Board (IRB). It took half an hour for jail guards to retrieve him from a one-to-one suicide watch cell and sit him in front of the camera. Matt silently peered into the lens. He looked dreadful: unshaven and unkempt, his eyes red and swollen, his lids heavy from medication. He squinted and grimaced.
It’s not that I’m not patriotic — I am. I voted for Bush. My family is military, pretty gung ho. But everything has changed.
— Matt DeHart
Gone was his bravado and the wide, almost goofy smile he seemed shy about flashing during many meetings with the National Post over the past eight months, while he was on bail from immigration detention on strict conditions. His father, Paul DeHart, a retired U.S. Air Force major who worked for the powerful National Security Agency, sat grim-faced, watching his son on the video monitor.
“We’re here on a claim of torture,” Paul said, his voice straining as he stated Matt has been diagnosed with post-traumatic stress disorder. “To visit your son in a maximum-security prison in a suicide smock … more heavily medicated than he’s ever been … For anyone with PTSD to be treated that way, much less your own child … is very disturbing.”
This is decidedly not how the DeHarts envisioned life in Canada as they drove across the border little more than a year earlier, on April 3, 2013, seeking refugee protection. They claim U.S. authorities tortured Matt during a national security investigation.
Everything about the case of Matthew Paul DeHart is unusual; much of it is also dramatic and perplexing. It is a story moving from his early involvement in Anonymous, the international hacktivist group, to his discovery of a sensitive national security document — perhaps destined for WikiLeaks, the whistleblowing organization — on a hidden computer server he hosted, back when he was a cocky Internet freedom fighter.
From there, it twists to being charged in the United States with soliciting the production of child pornography, something he and his parents claim is a cruel ruse by U.S. agents to help them attack Anonymous and WikiLeaks. And then, still another bombshell: claims made in classified documents Matt may have tried to help sell military secrets to the Russian government and had moved to Canada to facilitate contact with Russian agents through Moscow’s embassy in Ottawa.
It all might seem absurd. Hacker, creeper, soldier, spy? A months-long investigation by theNational Post reveals a case deserving close scrutiny, despite — perhaps because of — its layers of secrecy and occasional stumble into dark crevices of security, surveillance and spies, as well as questions of mental health, sexual deviancy and crime.
Documents confirm, for instance, that while Matt is charged in the U.S. only for child porn, he was actually arrested, imprisoned and interrogated by the Federal Bureau of Investigation in an espionage probe; once in Canada, he was interviewed by Canada’s spy agency and his file assigned to Canada Border Services Agency’s security and war crimes unit. As for the porn charge, it, too, is “odd,” as described by a U.S. judge. A second U.S. judge, after hearing the government’s porn case, added: “The weight of the evidence is not as firm as I thought.”
The criminal case against Matt remains open in the U.S., where authorities consider him a fugitive from justice. Meanwhile, his asylum claim in Canada puts everyone in a tough spot. His only hope is for the IRB to accept that our closest neighbour, staunchest ally and largest trading partner breached international law and tortured its own citizen in zealous pursuit of a national security case. This is the in-depth story of these remarkable events.
NEWBURGH, IND., 2009 Matt DeHart was exactly where he liked to be, sitting at his Gateway FX gaming laptop logged into an Internet chat channel with a clutch of like-minded geeks. He easily spent 20 hours a week socializing online, usually on a private Internet Relay Chat channel masked by privacy software. This time, in mid-September 2009, Matt and his online clique, calling themselves Anonymous Anti-Security, chatted amiably through typed messages as they played computer games, but one of his friends was agitated.
It can be difficult, online, to discern jokes from angst, and it took a bit for Matt to realize this was a legitimate alarm. The fuss was about an unusual file recently uploaded onto The Shell, the computer server they jointly ran on the Tor network, the “hidden Internet,” where tracing location is extremely difficult. Matt hosted web access for The Shell on a computer inside his bedroom closet in his parents’ home in Newburgh, Ind.
In a modern variation of the old “dead drop” spy technique, secret documents could be placed on a hidden computer server and a recipient told where to download it, and the two parties would never have to meet. Matt found the alarming file. It wasn’t large, about four megabytes, he said. It had a seemingly meaningless name and a .7z file extension, meaning it was archived with 7-Zip software for a high compression ratio. Surprisingly, the file opened without a password. It was a folder with several more files inside.
“We were pretty much unanimous on agreeing this was pretty serious,” he recalled. “The contents of the file were very disconcerting to my entire group.” He doesn’t like talking about the file, seeing it as the source of all his tribulation.
“I hope you don’t mind if I don’t discuss what the file actually contained because that hasn’t been revealed yet,” Matt said. After prodding, he offered this summary: “It was an FBI investigation into the [Central Intelligence Agency’s] practices.”
Matt removed the file from his server. Not long after, he saw the same file — or at least one about the same size with the same name — on another hidden server, called sTORage. This version was encrypted, suggesting it had been a mistake to upload it to The Shell without password protection. Matt believes the file was meant for WikiLeaks.
“That was the first time we realized that people were uploading really sensitive stuff [to The Shell].” He could not have fully realized what that discovery meant, but he now faced an abrupt transition from lip-service Internet freedom fighter to the frontlines in the dawning battle over government mass surveillance and security. It was a tension that had chased him most of his life.
The NSA headquarters in Fort Meade, Maryland, where Matt’s father, Paul, worked as a major in the U.S. Air Force. Paul could never talk about his secret work, even with family. (NSA via Getty Images)
FORT MEADE, MD., 1985 The imposing, black buildings of the National Security Agency headquarters, surrounded by an ocean of 18,000 parking spaces, loomed in view almost every time the DeHart family left their home at the U.S. military base of Fort Meade, home to one of the world’s most powerful intelligence agencies. The NSA’s dark obelisks dazzled Matt at the age of eight as he stared at them from the back seat of the family car. He knew his father worked inside those black boxes, but his dad’s tight lips whenever he asked about it stoked his intrigue. “He couldn’t talk about it; I had no idea what he did,” Matt said, trying to pinpoint the start of his interest — his obsession — with security, secrecy and information technology.
Seeking asylum abroad is a bizarre place for the DeHart clan to find themselves, being a devoutly Christian, conservative, gun-owning, military family. “It’s not that I’m not patriotic — I am. I voted for Bush,” Matt said. “My family is military, pretty gung ho. But everything has changed.”
The DeHarts are the sort of family that keeps armed forces alive: generation after generation of smart, working-class Americans enlisting for their country. Many relatives serve or have served in various branches of the military. Paul enlisted straight from high school and was trained to monitor East German broadcasts during the Cold War. Matt’s mother, Leann, also enlisted. She learned to monitor Polish broadcasts and was assigned to Fort Hood, a large base in Texas, where she spent more time changing oil than monitoring radios. The couple met on the base; she thinks it was in the motor pool, he thinks it was the barracks. They married in 1978.
Paul took the career track in the military, enrolling in college on a military scholarship and after graduation was commissioned as an officer in the U.S. Air Force. After intelligence training and gaining Top Secret clearance, he did a stint at Field Station Augsburg in West Germany, a listening post for the NSA, the masters of interception. From there he was assigned to the agency’s enormous headquarters at Fort Meade. Paul still won’t say what he did there.
It was when Paul and Leann were settling into their home at Fort Meade that Matt was born, on June 11, 1984, arriving prematurely as a high-risk birth at Walter Reed Army Medical Center, in Washington. Afterward, doctors said Leann could not bear any more children.
Matt grew up moving homes with his father’s postings, including to the NSA’s underground bunker in Hawaii. As a wide-eyed child, he visited the facility, which was replaced in 2012 by a new building nearby, where Edward Snowden worked before leaking scads of classified documents. After Hawaii, the DeHarts moved back to Fort Meade, with Paul again reporting for duty at NSA headquarters until he retired in 1994 with the rank of major. Paul then moved into Christian ministry, becoming a church pastor, prompting another family move, this time to New Jersey.
Matt did well in school. His reading comprehension was far-above grade level. In Grade 7 he was diagnosed with attention deficit hyperactivity disorder.
The first worrying sign of the trouble computers could play in his life came in Grade 9: After Christmas break he issued a bomb threat against his school as a prank, using AOL Instant Messenger. Someone saw it and called police. He was charged with causing public alarm.
In 2000, Matt started a group called KAOS, the “Kaos Anti-Security Operations Syndicate,” he said. The cluster of tech-savvy pals tapped into an arcane online movement concerned about the computer security industry. Matt still rails against anti-virus vendors who widely publicize obscure vulnerabilities, “just so they can sell more of their product. That’s kind of distasteful.” He still has copies of KAOS application forms he says were filled out by friends. The forms ask potential members to reveal their “political lean” on a scale of left to right, how many hours per week they were available and, also, this question: “Are you willing to stand up to authority for a just cause?” All three applicants answered yes. He has also kept a Jan. 15, 2001, copy of Newsweek — bearing the address label of Randolph High School, his New Jersey school — with the cover story “Beating Big Brother: How computer rebels kept the government from spying on you.” The article about digital cryptography calls online privacy “the first great war of the digital age.” Matt considered it an important piece.
“The only thing I actually got in trouble for, back then, for computer hacking, was [when] we got into our school server,” he said. “We got a copy of our 10th grade science midterm which was on an encrypted server. My friends had the idea of selling that for $10 apiece. The school administration couldn’t prove it, but they knew I was responsible.”
In 2004, he discovered 4chan.org, a soon-to-be popular image and message board. It nudged his online shenanigans to a new level.
It was on 4chan, where posts by people not using a registered nickname were automatically listed as being by “Anonymous,” that the hacktivist group Anonymous was born. A repetitive joke by 4chan regulars, that they are all named Anonymous, would morph into one of the hacking group’s main mottos: “We are Anonymous.”
“In 2005, it was ‘Ha, we’re Anonymous’ and people were joking around on the message board, but I didn’t really consider myself a ‘member’ of Anonymous probably until 2006. You don’t sign a membership form, anybody can be Anonymous,” Matt said.
By 2007, his bedroom was decorated with Guy Fawkes masks, the stylized face coverings used as a meme on 4chan before becoming the symbol of Anonymous. At the time, the masks slung on the ends of Matt’s bedroom curtains held no meaning for his parents beyond décor. For Matt, though, they signalled a call to arms.
He renamed KAOS, with a nod to the emerging ethos, Anonymous Anti-Security. “You don’t write it anywhere but that is what we called ourselves, and we tried to revive the anti-security movement,” he said. (His group is distinct from the similarly named “Operation Anti-Security,” known as #AntiSec, a subsequent Anonymous campaign.)
“We tried to push anti-security as more of an opposition to private security contractors. The new anti-security,” Matt said. At the time, the use of private military contractors was a hot issue after Blackwater workers employed as security guards were involved in a Baghdad gun battle in which civilians were killed.
Anonymous has therefore decided that your organization should be destroyed.
— Anonymous video message
The emerging Anonymous network appealed to Matt’s interest in Internet freedom, government secrecy and his immature sense of pranksterism. “Part of my job with Anonymous was I helped people communicate securely. I would protect people from NSA spying,” he said. The irony of his specialty in light of his dad’s former job is not lost on him.
Using several aliases, often just the letter K, sometimes words beginning with K — including KMFDMK, Kaiser and Koenig — Matt became a specialist in encryption and protecting online privacy. He loved showing it, not only because of his information-freedom beliefs, but because he enjoyed his new status as a guru.
I hope, if he is innocent and his story checks out, that Canada is nice about it. And I hope, if he’s a child pornographer, he ends up dead in prison.
— Gregg Housh, Anonymous member who launched Project Chanology
Matt does not claim to have been a big wheel in Anonymous. But he does claim to have used his expertise for the group and to have helped in a landmark campaign that made Anonymous a household name.
In early 2008, the Church of Scientology had drawn online scorn when it forced YouTube to remove a leaked video of actor Tom Cruise enthusing about his beliefs. The backlash brewed on 4chan and evolved into Project Chanology, an Anonymous campaign against the church.
On Jan. 21, 2008, an eerie, engaging video was released online: “Hello, leaders of Scientology. We are Anonymous,” the computerized voice begins, accompanied by ambient music and moody video of passing clouds. “Over the years, we have been watching you. Your campaigns of misinformation; your suppression of dissent; your litigious nature; all of these things have caught our eye,” the message continues.
“Anonymous has therefore decided that your organization should be destroyed.” It was a defining moment for Anonymous. It received huge media coverage and was pushed into mainstream consciousness. The video went viral and the campaign blossomed into global, real-world protests and online attacks against the church.
I didn’t see a lot of conflict between me and the government back then, in 2008. I enlisted. I wasn’t anti-American.
— Matt DeHart
“Even today,” the Scientology campaign “is considered by Anonymous to be one of their most legendary raids,” said Gabriella Coleman, a McGill University professor who is a leading academic expert on Anonymous. It was Matt who helped register the YouTube account hosting that iconic video, using a series of dead-end online identities to avoid it being traced, he said. In those early days, a few motivated people pushed the strategy of Anonymous, steering the masses where they wanted. “You have your original people,” he said, “the movers and shakers. You have a lot of people who are there for the ride and you have a few people who push policy.” For Project Chanology, that push came from Gregg Housh, the acknowledged mastermind behind the campaign who was indicted for it, but against whom charges were later dropped.
Matt tried to prove his involvement in the Anonymous campaign, offering the Post details outsiders wouldn’t know. He said the video used a text-to-speech engine published by Cepstral, called the David voice; the music was by E.S. Posthumus; and the graphics and video were compiled in Britain.
True to its name, most members of Anonymous do not know the identities of those they work with online, so Mr. Housh can’t confirm Matt was helping him. But he confirmed a man in the United States registered the YouTube account. He confirmed the accuracy of Matt’s details about the video, music, graphics and narrative of its creation.
“All of that is true,” Mr. Housh said. Eight people did the heavy lifting on Project Chanology and they specifically chose a song that was not identifiable when run through identification software. “This guy knows stuff that I don’t know of anyone else who was uninvolved knowing,” said Mr. Housh. He then summed up Matt’s problem in the blunt rhetoric of chat boards: “I hope, if he is innocent and his story checks out, that Canada is nice about it. And I hope, if he’s a child pornographer, he ends up dead in prison.” Increasingly, even Matt himself sees these as his looming options.
Matt’s account of working in Anonymous has the ring of truth, said Prof. Coleman. He displays suitable “technical capacities and ideological commitments,” for it. “It does seem credible that he was involved, definitely in some capacity, with Anonymous in its early stages at least,” she said. At the same time the Scientology campaign was hatching, Matt used 4chan to recruit players of the online role-playing game World of Warcraft to his “guild” — a band of players acting as a team. The overlap between his guild and Anonymous became substantial. Of approximately 130 members of the guild, about 80% were involved in Anonymous.
In the midst of all this — and despite Matt’s opposition to military contractors and government surveillance — he maintained his family’s military tradition. “I didn’t see a lot of conflict between me and the government back then, in 2008. I enlisted. I wasn’t anti-American.” Plus, he said, there was a $20,000 enlistment bonus.
In March 2008, two months after Anonymous launched Project Chanology, Matt joined the U.S. Air National Guard. He was subjected to a security check and cleared for top secret training in the 181st Intelligence Wing. At Hulman Field, Ind., he was learning to work with MQ-1 Predators, RQ-4 Global Hawks and other drone aircraft.
These, then, were the converging influences as Matt lurched into adulthood: an abiding concern about secrecy, privacy and Internet freedom; nascent involvement in Anonymous, which would become one of the U.S. government’s top security concerns; immersive and addictive online gaming; and stepping into a new role as a U.S. military recruit in its secretive drone program. For a brief moment, the young man felt fulfilled. Any doubt of his ability to wear all these disparate masks was erased by bravado and blissful online reinforcement. “While you’re running it, it’s like ‘I’m a champion of free speech,’ and you feel good about it,” he said. “But then, when the whole law is suddenly attacking you, you realize how much power they have.” Soon after finding that sensitive, unencrypted file on his hidden server, Matt discovered the combination of his preferred activities was toxic.
Chapter 2 - "They think of Wikileaks like Al-Queda"
NEWBURGH, IND., 2010 On Monday, Jan. 25, 2010, after his parents left for work, Matt opened his laptop and started playing Soldiers: Heroes of World War Two, a strategy war game. The previous Friday, he had shut down his hidden computer server, The Shell, after he received “a pretty detailed tip” to pull the plug. The warning came in a protected online chat from a friend who told him the FBI had just approached him asking about the server. The apparent scrutiny seemed linked to the sensitive file found on The Shell a few months before. “I took the hard drives out of it, destroyed them. I took the platters out and took two pairs of pliers and bent them,” said Matt. “It’s not because you’re paranoid, it’s because you know what the United States government can do and having any affiliation, any peripheral involvement in WikiLeaks in any way, shape or form, makes you a target.”
At the same time Anonymous had been forming, Julian Assange founded WikiLeaks to publish secret material. The group released its first document in 2006. And just as the brash Scientology campaign made Anonymous a household name, WikiLeaks became famous in 2010 after U.S. Army Private Bradley Manning slipped Mr. Assange a trove of classified diplomatic cables and battlefield reports, including gunsight video of a U.S. Apache helicopter shooting a dozen people in Iraq, among them children and two Reuters war correspondents.
The damaging leaks brought intense scrutiny to WikiLeaks and Anonymous. The links between the two became clear in 2008, when Anonymous hacked the email account of Sarah Palin, then the Republican vice-presidential candidate, and its contents were released by WikiLeaks. If the Anonymous hacktivists were not already a target, teaming up with WikiLeaks put them directly in the U.S. Justice department’s sights. While the anti-Scientology campaign harnessed Anonymous’ digital activism, turning it from near-mindless trolling into political and social partisanship, the growing network of “Anons” then targeted PayPal, MasterCard and Visa in support of WikiLeaks, and protested copyright controls and piracy crackdowns.
Matt followed these events closely, not only as an Internet activist but because his fledgling military career had already been grounded. In June 2009, he received an honourable discharge from the Air National Guard; his diagnosis of depression was seen as incompatible with remotely flying drones.
All of this was conjugating in Matt’s mind even as he opted for the indolence of a computer game — until he heard pounding on his front door a little before 9 a.m. “I opened the door and it was the police task force,” he said. Five or six officers, some in uniform and some in civilian clothes, with badges slung around their neck, poured inside. “Your stomach drops and your heart beats like crazy. It takes you by surprise, even though I had nothing to hide once the server was destroyed.”
Matt was handcuffed as officers spread out through the house. After a while, the FBI agent in charge told a local police officer to remove the cuffs, pointing out they came with a search warrant not an arrest warrant, Matt said. He sat down at the kitchen table while officers continued their search. Joining Matt, the FBI agent asked him what online aliases he used. “I’m sorry, it’s none of your business, I don’t have a lawyer here,” Matt recalled replying. Matt heard the whirring of digital cameras as officers came and went, taking pictures and stuffing things in black plastic bags and taking them away.
“They went through everything; they took all my parents’ stuff. Anything that could store digital data in the house was taken. The Xbox was taken, the controllers for the Xbox were taken, the games for the Xbox were taken. But the only thing of value that would be interesting to the government, other than the server, were two IronKey [USB] thumb drives,” Matt said. Whenever he left his home he would take them with him, stuffed in his wallet; whenever he was at home he would tuck them behind the padding of his dad’s gun case that was kept locked and bolted to a wall. Apparently not knowing that, an officer asked the agent if they should force the gun case open. The agent said that wasn’t necessary and everyone left.
“I was shook up,” Matt said. “I don’t know everything they took, but I know they took everything. After they had left I looked at the search warrant which was left on the couch. It was a generic warrant from the Memphis FBI field office and it said they were searching for child pornography.” It is one of the harshest of accusations.
“Once you’re painted with that, you never get the stench of that off of you. It doesn’t matter if someone is guilty or not guilty,” said Matt. “I don’t have child pornography on my stuff. Didn’t have it at the time, never had it. I wasn’t concerned about that. I thought they were going to come back for my thumb drives. From that moment, I knew they wanted my server and they wanted information related to Anonymous.”
[H]ere’s the bottom line about all of this: Matt’s been with us all his life, except for when he came up here [to Canada] to go to college; we know he’s not a pedophile.
Either way, it was distressing. “I got a call from Matt,” Paul, said. “He was real upset. I knew something was up, he didn’t tell me over the phone so I rushed home.” Matt told his dad about the police raid and what they said they were looking for. And then, sitting together amid the mess of the search, their floor littered with discarded latex gloves, Matt told his father for the first time about his involvement in Anonymous. “That was interesting,” Paul said. “We didn’t know anything about it.”
The child porn allegation is harder to digest. “It is hard to talk about this,” the father said. “But here’s the bottom line about all of this: Matt’s been with us all his life, except for when he came up here [to Canada] to go to college; we know he’s not a pedophile. He’s never had a proclivity for anything like that. All the time he’s been in youth groups he hasn’t tried to hang around with kids or anything like that.”
Added Leann, “I used to clean his room and look at his computers, you know? Nothing. Nothing.” Matt’s parents said the unanswered questions were traumatic.
“When we’re trying to process all of this, without exaggerating, for the first week we couldn’t get through an hour without breaking down and crying, not even an hour,” said Paul. “And sleeping at night? Forget about that.” In 2005, their house had been hit by an F4 tornado, the second-most powerful type on the tornado intensity scale, almost destroying it as they huddled together. “This was even scarier,” Paul said.
I used to fix people’s computers. That was my job. That was my livelihood. Now all of my equipment to do that was gone.
— Matt DeHart
Confused, worried, panicked, Matt took the family car and drove south to Mexico with his two encrypted thumb drives, which he said contained Anonymous contact information, server logs from The Shell and — “hypothetically” he said, trying to maintain some caution — documents from his military unit. He mailed one drive to a contact in Britain, the other to someone in the United States, with notes asking they be kept safe. Then, he came home. “I didn’t have to return to the United States. I had cash with me, I was right next to an airport, I could have flown anywhere. I had my passport. I had no criminal charges in the United States; they just executed a search warrant. But I crossed back into the United States.” Life has not been the same.
The DeHarts thought things would move quickly. They figured if any child pornography was found, police would come and arrest Matt. If nothing was found, as they said they expected, the investigation would be formally closed. As for Matt, he was fully expecting the FBI agents to return at any moment for the thumb drives they had missed. Instead, nothing seemed to happen and Matt found himself at loose ends. “I used to fix people’s computers. That was my job. That was my livelihood. Now all of my equipment to do that was gone,” he said. “They took all that stuff. I couldn’t work.” Waiting and wondering about his future was excruciating. Anxious to be proactive, Matt hatched a plan that, in hindsight, he admitted was crazy. He planned to defect to the enemy.
After the FBI raided the DeHart’s home, officially looking for child pornography but, Matt believed, really investigating his links to Anonymous, he no longer felt safe. So he decided to visit the Russian embassy.
Chapter 3 - "I was gone. I was broken"
WASHINGTON, D.C., 2010 Paul DeHart drove his son Matt in the family’s black Honda CRV through the snow-covered streets of Washington, toward Wisconsin Avenue, a major thoroughfare bisecting the capital from the Potomac River. Paul pulled to a stop near the U.S. Naval Observatory property, where the official residence of the Vice President sits.
It had been a sombre 1,100-kilometre drive through a late-winter storm from their home in Indiana and, if the DeHarts were aware of either of these D.C. landmarks, neither was on their minds that day. Their destination was a couple of blocks further along: 2650 Wisconsin Ave., home of the embassy of the Russian Federation. It is one of the largest and most distinctive embassies in the capital, partly because of its Soviet architecture but mostly for the Cold War-era security around it.
Father and son said emotional goodbyes.
“I have to leave, I’m sorry,” Matt recalled saying. “That shook up our whole family because we are very close.” After the FBI raid, he said, he no longer felt safe.
Matt had planned to take the bus to Washington, but the approaching storm and the possibility of not seeing each other again led his father to insist on driving him.
“I wanted to be able to spend some time together, if this was to be the last time I saw him,” said Paul. “I didn’t think I’d ever see him again, but is that better than him being killed? There are things worse than death. I’m having this thought of my son driven insane. I don’t think there was anything I could say to talk him out of it, anyways.”
Said Matt, “It was extremely sad. I believed that would be the last time I’d speak with my dad, that after I talked to the Russians they would take me out of the country.”
I believed that would be the last time I’d speak with my dad, that after I talked to the Russians they would take me out of the country.
— Matt DeHart
Matt went to the rear security gates off Tunlaw Road, rather than the grander front gates on Wisconsin Avenue. A woman behind thick glass asked him if he was applying for a travel visa.
“No,” he recalled saying. He held up his U.S. military identification card. “I’d like to talk to someone about employment.”
The woman looked at the card for a moment, looked back at him, and told him to go to the door reserved for embassy employees. At the second entrance, he passed through a metal detector and was buzzed through a secure door. She photocopied his I.D. card and returned it. Inside, Matt sat nervously in a waiting area until a man in a dark suit, dark tie and a white shirt greeted him.
The Russian introduced himself as Evgeny. Matt had been contemplating his opening line.
“I’m a member of the U.S. military. I’d like to work for your government,” he recalled saying. “I told him I was a former member of the Air National Guard, United States Air Force reserve component in drone operations. That was the buzzword — everyone wants information on [drones]. Any country that is potentially hostile to the United States wants to know more about that. So you are automatically important to them,” he said.
Evgeny asked him to return after lunch while he gathered the right people to talk to him.
Matt left a little deflated, walked five minutes down Wisconsin to a Starbucks, where he ordered a bagel with cream cheese. (He didn’t know it at the time, but someone was secretly watching; the Federal Bureau of Investigation later showed him high-resolution photographs of him at the coffee shop.)
Returning to the embassy, Matt was led by Evgeny to a conference room that appeared to be a signals-secure area. He saw what looked like copper mesh over the windows and noise-cancelling equipment to one side, along with electronic devices he assumed were cellphone signal jammers and recorders, Matt said.
Two casually dressed men, wearing shirts without ties under black leather jackets, joined them. Matt told them he worked in the drone program and with Anonymous. That second part seemed to interest the Russians more.
“They tried to shake me down for information; told me it wasn’t practical for them to get me out [of the country]. They said they’d pay me for this information. I wasn’t going to do that. Take me as an employee, but I’m not selling you information. I wasn’t in the military anymore so it was not like I had a ready supply of information, and, personally, I wouldn’t do that. I haven’t done that,” Matt said.
One of the Russians seemed to be a military official, asking technical questions about drones, questions Matt did not know detailed answers to, although he tried to fake it, he said. The other questioned him about Anonymous and WikiLeaks, and seemed most interested in how WikiLeaks received and shared its information.
They spoke for hours, with Matt playing a careful game of trying to whet their appetite without giving away too much, he said. His enthusiasm for the Russians waned as it became clear they weren’t going to smuggle him out of the U.S. By evening, they wrapped up.
“If you guys want to talk to me again, if you want my offer, you can contact me at this email address,” he recalls telling them, but he never checked the email account after that, he said.
The next day he tried again, this time at the Venezuelan embassy. If the Russian embassy visit was a letdown, his stop at the Venezuelan embassy was a fiasco.
“They are unprofessional. They are not organized. They didn’t know what to do. They didn’t know what questions to ask, really. They said I’d have to fly to their country if I wanted to work there and that wasn’t going to happen.”
Matt says he looks back at his attempted defection now, and is filled with regret and embarrassment.
“Why did I choose those countries? They are countries naturally opposed, hostile, to the United States,” he said. “It wasn’t to work against the United States government it’s just, I literally had nothing else to do. I didn’t sell secrets. I was just trying to leave.
“Was it distasteful? Yeah. Would I do it again? No. I was just kind of thumbing my nose at the United States because I was pissed off they did what they did to me.”
Was it distasteful? Yeah. Would I do it again? No. I was just kind of thumbing my nose at the United States because I was pissed off they did what they did to me.
— Matt DeHart
The FBI, however, had reason to believe something else might be behind his embassy visit, a scenario that would be revealed only later, through classified documents.
Although Matt’s interest in defecting dissipated, he said, his desire for a change of scenery and a new career did not. This time, though, his plan was more demure.
He looked north to Canada. Matt and his parents, Paul and Leann, had holidayed there before. When Matt was in the fifth grade, he had even written to the Canadian government and was sent a pile of travel brochures and information. Together, Matt and his parents researched language training and career college options with an eye on a legal move for Matt, and eventually citizenship in Canada, rather than clandestine flight.
“He’s prone to depression,” said Paul, recalling their thinking at the time. “We think he needs to get out of this environment or he is going to spiral down, anyone would.”
Coming to Canada was also seen as a test.
“Here’s our logic,” said Paul. “We’d apply for him to get an updated passport; if there is going to be any problem we’ll find out then. If there are any problems with him, they’re not going to give him a passport. We applied for that in March of 2010; they sent it to us in less than a month.”
Matt then enrolled in an eight–week French immersion course with ILSC-Montreal, starting in April 2010. He stayed with other international students at the home of a Montreal woman. He lamented he was too stressed out to pay close attention in class.
“Je ne parle pas français, désolé,” he said, grinning.
Then, he decided to study welding in Prince Edward Island.
“I figured I’d try something that had nothing to do with computers. I felt good going to Canada.”
After the server scare and police search, and seeing what was happening over the WikiLeaks revelations, it seemed a good time to step back from his online dissidence, he said.
“They think of WikiLeaks like Al-Qaeda,” he said of the U.S. government. “I needed to move away from it all. I [still] talked to a few people on the computer but I generally completely disassociated myself with anything to do with Anonymous.”
Matt’s parents drove him to Charlottetown, settling him into a studio apartment near Holland College campus. They paid his tuition in the welding program but, as a foreign national, to go to school in Canada he needed a student visa, which can only be processed from outside the country.
On Aug. 5, 2010, Matt took a bus to St. Stephen, N.B., a border town on the St. Croix River that separates it from Calais, Me. The next morning, the owner of the hotel where he spent the night called him a cab for the drive to the closest bridge to the U.S. He walked across and, inside the border patrol office, handed over his U.S. passport.
“One of the border guys scans it, looks at me, scans it again, looks at me again. He goes back into an office for 30-40 seconds and then the door opens, two guys run out — just sprint out of there. They block off the exit door,” Matt said.
He was told to drop his backpack. Handcuffed, he sat as the officers engaged in a flurry of phone calls and faxes. After a while, FBI agents arrived and took control of him. He was put in a U.S. border patrol vehicle, driven by an FBI agent, and taken to Calais’s large International Avenue Immigration & Customs Enforcement facility, where the border’s commercial traffic is processed.
I had my lawyer’s card in my wallet, sitting right in my wallet, which they took. They took my cellphone, wouldn’t let me talk to anyone.
— Matt DeHart
There, according both to Matt and official FBI records, he was placed in a detention cell for questioning. He grew increasingly frustrated and agitated.
“I’m having a fit because this whole time I must have asked 50, 100 times, to talk to my lawyer. I had my lawyer’s card in my wallet, sitting right in my wallet, which they took. They took my cellphone, wouldn’t let me talk to anyone.”
It is here his story became hardest for Matt to tell. His breathing grew heavy and his voice frequently broke. He paused often while he fought to regain composure. He then appeared embarrassed with his emotions, looking away or feigning to be intently reading something.
“It’s hard. Bear with me please,” he said.
He was looking for the words to express his allegations of torture.
CALAIS, MAINE, 2010 On Aug. 6, 2010, Matt DeHart was taken from a cell inside the U.S. Immigration and Customs Enforcement’s detention centre in Calais, Maine, after crossing from Canada, and led to what looked like a medical office, he said. Steered past a bed covered by a long sheet of white paper, he was pushed into a seat resembling a dentist’s chair.
“Another guy comes in, in a lab coat,” Matt said, his words coming in short bursts between deep inhales of air. “They sat me down in this chair, forcibly took my arm and they gave me an IV. Seriously, they held my arm down and stuck me with an [intravenous needle].”
He thought they were just drawing blood until the man in the lab coat hooked up a drip bag, used for administering fluids, not drawing them out.
“Your mind is already blown from all the other stuff, but a forced IV?” he said. Matt believes he was drugged, although he doesn’t know with what. He was then taken to a private room to meet two agents from the FBI.
“They started asking me questions. They started with people in my military unit, what the connection was between them, me and the Russian embassy; and then started asking me about connections between people in my military unit and Anonymous.” They also asked about WikiLeaks, he said, fuelling Matt’s belief his link to the Internet’s most prominent hackers and whistleblowers was driving his predicament.
They started with people in my military unit, what the connection was between them, me and the Russian embassy.
— Matt DeHart
“This lasted a long time. They wouldn’t let me leave. I wasn’t charged with anything, they said, ‘We’re questioning you for national security.’ They didn’t ask me a single thing about child pornography. That was not even a peripheral concern of theirs,” Matt said.
“When you have rights that you know that you have from when you were a kid, and then you’re told they don’t exist because it is national security, that kind of changes things. Is this really happening? And you realize nobody is going to stop these guys.”
That evening, an agent showed him a criminal complaint — drafted only that afternoon — accusing him of soliciting the production of child pornography back in 2008, according to both Matt and FBI records.
“I looked the guy in the eye and said, ‘I didn’t do that,’ and he said, ‘I know,’ ” Matt claimed.
“He said that to me. And I swear that to you. If they have the transcript produced, that would be the end of it, that would be the end of it right there. But it wasn’t the end of it.” Matt was then transferred to the Penobscot County jail in Bangor, Maine, but kept in segregation.
“The next thing I remember is I’m laying in an ambulance looking up at the ceiling of an ambulance. What happened is, at some period while I was at the jail, I don’t know what was going on, I had collapsed,” he said.
According to prison records, Matt was taken to Eastern Maine Medical Center on Aug. 7, 2010. Hospital records confirm jail guards brought him to the emergency room. The young man was suffering “eye discomfort, possible pesticide exposure” and “acute mental status change, psychosis,” hospital records say. He was restless, agitated, quivering and had a rapid heart rate, the doctor wrote after examining him.
“He appears to be paranoid and delusional with an idea of the FBI monitoring him and accusing him of espionage,” the doctor wrote, unaware the claims were real.
Diagnosis: acute psychosis, tachycardia and tremors, “most consistent with possible drug-induced psychosis such as secondary to amphetamines, cocaine, or other stimulant medication,” the physician wrote, at least 17 hours after his arrest.
He appears paranoid and delusional with an idea of the FBI monitoring him and accusing him of espionage.
— doctor at Eastern Maine Medical Center
The eye pain, the doctor surmised, was likely caused by Matt’s contact lenses being left in for 36 hours. The doctor’s notes say he discussed with jail officials “at length that the patient requires psychiatric evaluation while he is incarcerated.” There is no record of follow-up treatment by prison authorities, but there is a record of more interrogations.
“Something bad happened that day and they kept interrogating me,” Matt said. “I absolutely felt tortured. They aren’t attaching electrodes to you but it’s more insidious. It’s much more insidious.”
The FBI declined to comment on Matt’s allegations, saying the criminal charges remained unresolved and his case might lead to a U.S. request for Matt to be extradited from Canada. But in previously secret documents, the bureau revealed something else happened during these interrogations.
Two years after Matt’s arrest, the U.S. Department of Justice finally admitted there were classified reports on him. The documents confirm he was arrested after crossing the border from Canada “for questioning in an espionage matter.” Another document calls it a “national security investigation.” There is no mention of pornography.
The government’s documents say FBI agents interviewed Matt on Aug. 6, 7 and 20, 2010. They asked him about online aliases and email accounts; people in his World of Warcraft guild and in his military unit; the encryption software he used; and his cellphones.
After each interview, the agents typed out a summary, as is the FBI’s practice, on a form called an FD-302. Two of those FD-302 reports are so sensitive they could not be released, even in court. The summary of Matt’s first interview was, however, finally vetted, submitted in court and obtained by the National Post.
It adds another bizarre layer to the case.
The FBI document confirms that on the evening of Aug. 6, agents told Matt he would be charged with production of child pornography. It was then, the document says, he declared he “hasn’t been quite forthright” about his embassy visit, but would now come clean.
The FBI document recounts Matt’s new story, that when he was in the Air National Guard he met airmen interested in selling military secrets. One had remote access to a U.S. Department of Defense portal and another had a relative working with Air Force Special Operations, and Matt agreed to be their salesman.
He was told he would be paid approximately $100,000 per month if the intelligence he gave was good.
— FBI documents
That was what sparked his embassy visit, the document says, and Evgeny, the Russian, had told Matt he would have to contact the Russians from outside the United States if he wanted to close a deal.
“That is the reason DeHart moved to Canada,” the FBI’s summary says. Evgeny supposedly set up a Russian contact for Matt in Canada. “He was told he would be paid approximately $100,000 per month if the intelligence he gave was good” and was directed to send a secure data archive to a Russian contact in Canada. “He was supposed to meet his new contact in the Russian embassy in Ottawa on Saturday, Aug. 21, and they would give him a list of what they needed.”
By the end of that day’s questioning, Matt offered to co-operate with the FBI in a sting operation against the Russians and the airmen, the summary says.
Matt says the FBI account of his interrogation is “laughably inaccurate.” He has never been to Ottawa, is not a spy nor even a would-be spy, he said.
“I would have told them anything” because of the torture, he said. “Information that is derived from torture, to use it against somebody, is ridiculous. It’s garbage. I already said it’s not true.”
The FBI report brings new questions: Which version of Matt’s story of his embassy visit is true? What impact did his apparent psychotic breakdown and interrogation — if not torture — have on what he said? And if all these shocking revelations appear in the one report released to the court, what is in the two others deemed too sensitive to reveal?
Matt said the subsequent interviews were when he was grilled about Anonymous and WikiLeaks. His interrogations certainly came at an intense time in the United States, in the midst of the damaging leaks of military data and diplomatic cables through WikiLeaks and less than five weeks after Anna Chapman and nine others were arrested in New York as part of a Russian spy ring.
One other thing happened while Matt was in custody, something both Matt and the FBI agree on: He relinquished control of his online accounts to the FBI.
The U.S. Department of Justice said in court it has no records of Matt being interviewed on Aug. 18, 2010, but it was on that date — 12 days after his arrest — that Matt signed consent forms, listing several email accounts and their passwords and authorizing agents to assume his online identity, U.S. government documents show. It allowed federal agents to pretend to be him in cyberspace.
Among the accounts — authorized in a separate document from the others — was a Hushmail account (an email service allowing authenticated, encrypted messages) in the name of “Fawkes,” the name of the inspiration behind the Anonymous mask.
They are becoming you on the Internet — specifically for the purpose of going after Anonymous.
— Matt DeHart
“They are becoming you on the Internet — specifically for the purpose of going after Anonymous. Fawkes has nothing to do with the Russian embassy, it was entirely [about] Anonymous. I don’t know what they did on my accounts but that was the thing they wanted to get the most,” Matt said.
He also signed permission for “any FBI agent” and “any Canadian law enforcement” to record his phone calls with his old military colleagues, according to the signed consent form.
There is precedent for the FBI turning nabbed hackers into informants.
In 2011, Hector Xavier Monsegur, a hacker known by the alias Sabu, was arrested and secretly used by the bureau to infiltrate Anonymous and offshoot hacking groups, Lulzsec and Antisec. Among those caught in the trap and arrested was Jeremy Hammond, accused of the 2011 email hacking of Strategic Forecasting Inc., a global intelligence company known as Stratfor. Matt believes the FBI used his online identity and his hidden server, The Shell, to enable Sabu or other informants to entrap targets — perhaps Hammond himself — by offering them a supposedly trusted place to upload hacked or leaked material.
When the FBI goes after a typical criminal organization, like the Mafia, it drafts hierarchical charts to work its way to the top. In Anonymous, which has no real hierarchy, investigators instead work to connect real names to online aliases, find out what they do in the group and then track their links to other members. Since members of Anonymous usually deal with each other only in a virtual world, they take it on trust it is a colleague, not an FBI agent, at the other end of the transmission. Assuming an online identity is a uniquely powerful tool to attack Anonymous, turning its greatest strength into its biggest liability.
Matt said his consent for the FBI to assume his online identity, something he held dear, came only through coercion.
In between interrogations, he was kept in a dry cell — with no sink or toilet — and not allowed food or water. He was told to defecate in a drain on the floor, but when he did, guards yelled and poured bleach over him, he said. All he was offered was Kool-Aid, used to wash down pills. If he didn’t take the unknown pills, he didn’t get to drink. (He said he once saw a pill package, it was labelled Thorazine, an old anti-psychotic drug. Matt’s doctor later complained that Matt was cut off from his normal medication cold turkey, which can have discomforting and disorienting side effects, and given alternate medication he had never been prescribed before.)
Bright lights were always on and guards banged on his cell every 15 or 20 minutes, making sleep impossible. Once, they took him to a back room and strapped him naked into a “submission chair” with a bag over his head, he said. He later found burn marks on his arm, he assumes from a Taser but he isn’t sure.
Matt said two “serious guys” from Washington questioned him for hours and the only time he got to eat was during these interrogations.
“They brought a Coca-Cola one time, brought fruit, cold fruit, another time, and they brought a Baby Ruth candy bar a third — that’s how I remember that there were at least three times I was interviewed.
I was incommunicado. You look forward to talking to the FBI even though you know they are working against you.
— Matt DeHart
“I thought I was going to die that week when I was in there, that these people are going to leave me here. I couldn’t call any of my family members, I couldn’t call a lawyer. I was incommunicado. You look forward to talking to the FBI even though you know they are working against you.
“I was gone. I was broken. I can’t put it any other way.”
Meanwhile, his parents had not heard from him in several days and had no idea what was happening. Their son’s silence terrified them.
“We tried to call his phone and the voicemail message on his phone had been changed. It wasn’t his voice. And they pronounced his name wrong on the message,” said Paul. The new message said DAY-heart but Matt says it duh-HEART.
Their first news about their son came in the form of hospital bills that arrived after Matt’s treatment at the emergency room. They would finally talk to their son by telephone, but the frightful circumstances of the call only fuelled their sense of terror.
Chapter 4 - "No apparent danger"
BANGOR, MAINE, 2010 As his whirlwind first appearance in court drew to a close on Aug. 11, 2010, Matt DeHart started to stand so a U.S. marshal could handcuff him and return him to jail. He then abruptly slumped back down and slowly slid out of the chair and onto the courtroom floor.
He lay shaking and sobbing, not responding to questions from the federal marshal or the public defender assigned to his case. The lawyer phoned Matt’s dad in Indiana and held his cellphone to the young man’s ear to soothe him. “After making unintelligible responses” he gradually returned to some coherence, reported Judy Harrison, who was covering the litany of cases being heard that day for the Bangor Daily News.
Matt was eventually led out of court and returned to jail.
“Talking to him on the phone, he sounded like a zombie,” said Paul DeHart, Matt’s father.
Even before Matt’s brief hearing ended with such drama, Judge Margaret Kravchuk had already branded his court appearance that day as “odd.”
The court docket listed his arrest as taking place two days after it really had. After struggling to confirm the proper date — Aug. 6 — the judge wondered why Matt had not been brought to court before now. She also asked why the government had pulled out such seemingly stale pornography allegations — two years old — but was now arguing Matt posed a serious danger to the community. She even noted Matt’s computers had not even been analyzed for evidence of pornography seven months after they had been seized.
“Doesn’t it strike you as odd that a year goes by without anything happening in this case, and there’s no apparent danger to the community, and then the search warrant’s executed [on Matt’s home] six, seven, eight months ago now and nothing dangerous happens to the community?” And why was it, she continued, that it was not until after Matt’s arrest by immigration authorities in Maine that police drafted a criminal complaint based on the 2008 allegations in Tennessee?
They were good questions. The judge did not seem to know that Matt had actually been arrested at the border because of an espionage alert and was then held in custody while secretly questioned for days.
Even with her questions unanswered, however, the judge’s concerns did not mitigate the seriousness of the child pornography charges he faced. Matt was ordered detained and transferred to Tennessee for trial.
Over the next 21 months, with their son incarcerated, Paul and Leann went through several lawyers and drained their retirement funds on expensive computer experts, who were retained but were not granted access to much of the evidence, although Tennessee police would finally get around to examining the machines. The DeHarts sold their Indiana house to cover their mounting costs. What they wanted most was for the government to acknowledge Matt was actually arrested in a national security probe and the porn charge was merely an unfair means to an end.
In May 2012, hope appeared.
Tennessee Judge Aleta Trauger was considering a bail release motion for Matt. The U.S. Department of Justice allowed her to read classified government material about Matt behind closed doors. During the bail release hearing, she also heard the evidence for the porn charges.
There isn’t a huge gulf between what Matt says happened and what the detective investigating Matt for child pornography alleges happened — apart from the crucial element of the child pornography itself.
What eventually led to the porn charges started two years earlier, when two computer-savvy teenaged boys from Franklin, Tenn., joined Matt’s “guild” in the online role-playing game World of Warcraft. (Because their identities are protected by court order, this story will refer to them by the pseudonyms Carl and Sergei.) Although police refer to them both as “victims,” the charges relate only to one: Carl, who was age 14 at the time.
Doesn’t it strike you as odd that a year goes by without anything happening in this case, and there’s no apparent danger to the community, and then the search warrant’s executed.
— Judge Margaret Kravchuk
The teens became part of a virtual life of raids and guild chats where Matt, in the guise of a fierce dwarf named Kaiser, was somebody important. Sergei was also involved with Matt in Anonymous, the hacktivist group.
During a guild chat, Matt, who was then living in Indiana, and was a new recruit in the Air National Guard, announced he wouldn’t be online for a few days because he was visiting a female friend who was attending a Tennessee college. Sergei said he lived near the campus and asked if they could meet, Matt said, an account not contested by police.
They had lunch at a now-closed Wolfgang Puck Express. Police said Matt gave Sergei, then age 16, beer and Adderall, a drug Matt had been prescribed for his attention deficit hyperactivity disorder, and took him to a gun range. Matt said there was no beer or guns, but he did snap an Adderall capsule in two and gave Sergei half when he asked for some. Everyone agrees there was no sexual contact.
Sergei, who was in a feud with Carl at the time, asked Matt — because he had a car — if he would drive to buy rolls of toilet paper so he could later prank Carl by hurling them at Carl’s house. Matt agreed. Police, in court, confirmed the toilet paper prank, saying Carl had blamed it on Matt when his parents asked.
Police said Matt also met Carl in Tennessee, although Matt denies this and Carl could not identify Matt from a photo lineup shown to him by detectives. The toilet paper prank, nonetheless, was a catalyst for the parents of both youths to probe their sons’ online affairs.
In January 2009, Carl’s mother called police with various concerns about her son’s contact with a man he had met online, someone who went by the name Matthew DiMarco and who passed himself off as the son of a New York Mafia boss. Detective Brett Kniss, a decorated officer with the Franklin Police Department, was assigned to investigate. He told court he learned DiMarco was an alias used by Matt DeHart.
Det. Kniss alleged Matt also pretended to be a young female and tricked Carl into sending him nude pictures of himself.
The only child pornography police ultimately found — despite all the hardware seized from Matt in the U.S. and Canada — was on Carl’s computer. In a sworn affidavit filed in court, Det. Kniss says “short video clips” of Carl masturbating were found on Carl’s machine. Also found on Carl’s computer was a video of a teenage minor female “masturbating herself on a bed.” The detective also said Carl’s mother had found a photo of a nude female on her son’s cellphone, which sparked the police involvement.
There is no indication police made any moves to charge Carl with possession of child pornography; the discovery of child porn on one’s computer might, however, give someone powerful incentive to quickly point a panicky finger elsewhere.
Det. Kniss said a search of “various investigative databases” identified Matt as pretending to be teen girls interested in Carl. The Internet Protocol addresses of the “alleged teenage girls,” however, could not be traced because police did not look for them in time, suggesting the investigation had not been aggressively pursued at the time. The detective was asked if he ever proved there were not real teen girls sexting with Carl: “I have not been able to prove that they don’t exist,” Det. Kniss said, according to the court transcript.
The detective said he “recovered chat fragments” from Matt’s computers showing online text conversations between Matt and Carl. He included an excerpt of the chats in his affidavit, but instead of copying the actual scripts, police retyped them, inserting “Minor #1” and “Suspect” in place of the real chat names. The chat Det. Kniss reproduced is a highly sexual conversation.
In this, Matt thinks he has a smoking gun disproving the child porn allegation.
In a recent hearing in Toronto before the Immigration and Refugee Board, which theNational Post made formal motions to allow a reporter to attend, Matt presented what he and his lawyer claim is the real chat log — before police recreated it. Matt said he got the chat log from Sergei because Sergei was also involved in Anonymous and both feared Carl might reveal their hacker links. (In court, Det. Kniss confirmed Sergei was helping Matt behind the scenes.)
This version of Carl’s chat takes place at the exact same time and day — to the very second — as the one provided by police in its criminal complaint. While some introductory portions are almost identical, where Det. Kniss’s version turns smutty — “can u make urs more graphic” and “whens the last time you cummed” — Matt’s version reveals a conversation with a female Carl seems to be friends with in real life and features no sexual content at all. But there is a passing reference to Anonymous.
Which version of the chat is the real one? Did the detective incorrectly re-assemble the “recovered chat fragments”? Or, as Matt’s lawyer, Lily Tekle, told the IRB, was it “doctored” by police to aid the espionage probe against Matt?
Boosting Matt’s claim is an alibi: he could not have been on the other end of the keyboard during the chat, he testified at the IRB, because at the time — mid-afternoon on Sunday, May 18, 2008 — he was at drill on his military base doing his required reserve training.
Det. Kniss is no longer with the Franklin Police Department and could not be reached for this story. A spokesman for the force declined to comment on his investigation.
In Judge Trauger’s courtroom in Tennessee, during Matt’s 2012 bail hearing, court also heard directly from the mother of the alleged victim, Carl.
She said she became concerned when she heard Matt being “vile” and “domineering in his tone” over the voice chat feature of World of Warcraft, court transcripts show. After talking to Sergei’s mom and calling police with her concerns, Carl’s mom phoned Matt, with a detective secretly listening in.
I asked him how old he was. He was very giggly, and I even asked to speak to his mom.
— Carl’s mother
“[I was] asking him why he was, you know, contacting my son, and that we asked him not to continue to contact him. I asked him how old he was. He was very giggly, and I even asked to speak to his mom,” she testified. No mention was made during that call of inappropriate photos, according to her testimony. She spoke of him yelling during games and of the toilet paper prank but didn’t seem concerned about anything sexual.
“At one point my son was texted by what he thought was a female, but he did not respond. It was no one that he knew,” she told court.
In fact, she said she had no knowledge of a nude photo being on Carl’s phone, despite Det. Kniss saying her discovery of such a picture sparked his investigation. The court may never know what was on the phone as it was not retained as evidence.
There was one other thing collected as case evidence from Matt’s computer: screenshots of WikiLeak’s web page. Matt’s U.S. lawyer at the time, Mark Scruggs, pointed to that, arguing the case “was really and truly all about” Matt’s forays into hacktivism with Anonymous and his subsequent visit to the Russian embassy.
Referring to the secret material she had read, Judge Trauger agreed, saying, “I have had an opportunity to review in camera [confidential] documents that also reflect some of that.”
In rebuttal, U.S. prosecutor Carran Daughtrey described Matt as “your classic sexual child predator.” She disputed Matt’s connections to Anonymous, saying, “There’s no reports that I have seen, or that I’m aware of, that detail any information about that.”
Judge Trauger stopped her.
“Well, you know that there was such an investigation,” the judge said. “There was such an investigation.”
The judge had been involved with Matt’s case since 2010, when Matt was transferred to Tennessee after his arrest in Maine. She had previously ordered he remain in jail after the government said he was a danger and a flight risk. But on May 22, 2012, after hearing the porn evidence and reading classified reports, she decided it was safe to release him, with a curfew and monitoring bracelet, pending his trial.
“The other investigation, the national security investigation, the court has learned much more about,” Judge Trauger said in her ruling.
He thought that the search for child pornography was really a ruse to try to get the proof about his extracurricular national security issues. I found him very credible on that issue.
— Judge Aleta Trauger
“I can easily understand why this defendant was much more focused on that [national security] investigation, much more afraid of that investigation, which was propelling his actions at that time. He thought that the search for child pornography was really a ruse to try to get the proof about his extracurricular national security issues. I found him very credible on that issue.”
Judge Trauger also questioned the strength of the government’s porn evidence.
“Obviously, child pornography charges are serious offences,” she said. “I have learned several aspects of this case which, in the court’s mind, indicate the weight of the evidence is not as firm as I thought it was.”
Outside court, Paul and Leann DeHart saw their son in civilian clothes for the first time in two years. They hugged and cried. But their ordeal was not over.
Matt chose a specific day to personally file a motion with the Tennessee court to have his case dismissed: Nov. 5, 2012 — Guy Fawkes Day, the British holiday sharing a name with the mask that Anonymous adopted as its logo. That motion, however, would never be heard.
Chapter 5 - "Every minute is precious"
FORT FRANCES, ONT., 2013 Matt DeHart and his father, Paul, took turns driving a pick-up truck, borrowed from a church friend, during their 23-hour drive north from Indiana, with Paul making sure he was behind the wheel when they reached the border crossing from Minnesota to Fort Frances, Ont.
Paul paid the US$6 fee to cross the bridge and the family rolled to a stop at the Canada Border Services Agency (CBSA) post on the other side. Paul handed over his and his wife Leann’s passports and identity cards showing they are retired members of the U.S. military; because Matt’s passport had been confiscated by the Tennessee court when releasing him on bail, they turned in Matt’s birth certificate with his expired military ID. Paul then said they were U.S. citizens fleeing their country and making an asylum claim in accordance with the United Nations’ convention against torture.
The border guard stared at them wide-eyed.
That reaction made the DeHarts feel their choice of this remote border post was the right one. They had done their best to move covertly until they crossed the border: they had packed the few things they took with them into Leann’s car at night and then drove to the church where Paul was a pastor and swapped the car for their friend’s truck; Matt cut off his court-ordered monitoring bracelet and left it behind in a graveyard.
It was about 5 p.m. on April 3, 2013, when they entered Canada. Their reception was cordial. They spoke with CBSA officers for hours until, about midnight, they were told to drive to a nearby motel.
The next morning, the DeHarts presented hundreds of pages of documents to CBSA officers to support their asylum claim and two encrypted computer thumb drives of Matt’s. These were the thumb drives Matt had kept hidden for years after the FBI searched his house in 2010. The drives, he said, contain secrets on the hacktivist group Anonymous, his hidden server called The Shell, and his military unit. (Matt had mailed the drives to trusted contacts while he was in Mexico after the FBI raid on his house in 2010 and had since retrieved them, he said.)
The DeHarts then told border agents their story: about Anonymous, the secret document, the Russian embassy, his alleged torture; and about child porn charges against him in Tennessee.
“I don’t think they knew what to do,” said Matt. “They were getting lots of faxes.”
CBSA gave back all the documents, but kept the thumb drives. Matt was then arrested and jailed. Agents cited the unresolved porn charge but also declared him a foreign national “engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests.”
This was their welcome to Canada.
Paul and Leann considered themselves American patriots; they love their country and had faith in their government. But their trust had evaporated.
I don’t think they knew what to do. They were getting lots of faxes.
— Matt DeHart
“We were fighting within the justice system of the United States and it just wasn’t working. I cannot describe to you what it feels like to have the weight of the most powerful nation in the world against you and you can do absolutely nothing about it,” Paul said. “We honestly believe this is what was happening: They were working to have him declared mentally incompetent so that his attorney could negotiate a deal with the prosecution without his participation and he would be put away without any recourse.”
There was a final trigger for their flight to Canada: The fate of Aaron Swartz.
Mr. Swartz was a geek hero who battled for Internet freedom, including making millions of public U.S. court documents available for free. In 2011, he was arrested for downloading academic journals, presumably with the same idealistic intent. Charged with hacking, he faced a draconian 50 years’ imprisonment and a US$1-million fine. After Washington rebuffed plea offers, he was found dead, hanged in his New York apartment in January 2013.
“Aaron Swartz had very similar psychological makeup, similar age, same circumstances as Matt,” said Paul.
“I do not want to wake up one day and find my son hanging from a rope in the garage of our house. And I have no place to go to bring this to anyone’s attention,” he said, breaking with emotion.
Leann, weeping, added, “Because the worst thing you could live with is not doing anything and let them get away with what they did.”
So the family decided to head north.
“Canada has the reputation of standing for humanitarian causes and human rights. At least you abide by international law, at least the convention against torture is something you signed off on and it’s not just lip service,” said Paul.
I do not want to wake up one day and find my son hanging from a rope in the garage of our house. And I have no place to go to bring this to anyone’s attention.
— Paul DeHart
Matt’s case in Canada was dealt with in secret for months. After his arrest by Canada’s border guards, agents with the Canadian Security Intelligence Service interviewed him and his case was assigned to CBSA’s security and war crimes unit, officials confirm. He had six private detention reviews by the Immigration and Refugee Board [IRB]; after each, he was ordered to remain in jail. CBSA argues he is not eligible to even claim asylum because of the porn charges and espionage allegations against him in the United States.
In August, the IRB released Matt on perhaps the strictest conditions it has ever imposed. He was under house arrest, allowed to leave his apartment only for medical and legal appointments. He had a GPS tracking device and a radio-frequency monitor locked to his ankle. He had to check in with CBSA every week. He could not use any computer or data device, not even a smartphone.
Still, Ottawa didn’t want him released and appealed the decision to the Federal Court of Canada, where a judge immediately slapped a confidentiality order on the hearing. The appeal was denied and the gag order then lifted.
On Sept. 5, 2013, Matt was released while his case works its way through the immigration and refugee tribunal.
BRAMPTON, ONT., 2014 Matt lifted a series of small, wooden tiles and placed them, one at a time, onto a board atop his parents’ bed, spelling the word ZINC for 15 points.
His gaming has changed since his arrival here, being banned in Canada from even touching an online device and with his laptop still in custody of U.S. authorities. His swashbuckling days of leading his World of Warcraft guild on raids are gone. So too, is any activism with Anonymous. His only raids now are on a pile of Scrabble tiles to replenish the letters in his rack.
The DeHarts share a small apartment in Brampton, west of Toronto. There is a bedroom for Matt, another for his parents, a bathroom and a tidy but cluttered kitchenette.
In Matt’s bedroom, a Bible sat near the bed, opened to the book of Psalms. A bookshelf was filled with science fiction. As if in homage to a hacker’s lifestyle, 30 empty cans of Monster energy drink were on his desk. For exercise he does pushups in his bedroom; he gets fresh air only through an open window. Among the few times he is allowed to leave is for counseling at the Canadian Centre for Victims of Torture.
Ottawa does not dispute that Matt has post-traumatic stress disorder, a condition he said came from his suffering at the hands of his U.S. jailers. In a letter to the IRB, the CBSA wrote, “Mr. DeHart’s claim of PTSD and depression are not new diagnoses, they apparently existed prior to his arrival into Canada.”
Despite the severe restrictions, it was better than jail.
“For the last year, we’ve lived together as a family. We’ve been together,” said Leann. “Every minute is precious.”
While finding some measure of peace in Canada, the apparent use of child porn allegations to mask a national security probe have followed Matt to Canada.
Soon after his arrest by U.S. border guards, when he crossed into Maine so his student visa to attend college in Prince Edward Island could be processed, U.S. authorities contacted police in Charlottetown, PEI, where Matt was living at the time. They asked for his studio apartment to be searched as part of a child porn investigation. There, police seized a cellphone, a Toshiba laptop — found hidden in a microwave — and three hard drives, among other items, according to an inventory log, and turned them over as requested.
For the last year, we’ve lived together as a family. We’ve been together. Every minute is precious.
— Leann DeHart
At the time, Charlottetown police told local reporters they were helping U.S. authorities with a child porn probe and also making sure Matt hadn’t engaged in such activity while in town. Calls by the NationalPost to the Charlottetown detective on the case were not returned.
Strangely, the material seized from Matt’s Canadian apartment was not sent to Tennessee, where the porn allegations were being investigated, but rather to the FBI’s field office in Washington, D.C.. U.S. Department of Justice documents say the items were “provided by the Canadian government for [the] purpose of investigating the national security matter.” Two years after Matt was charged in the porn case, his computers had still not arrived in Tennessee.
Meanwhile, the DeHarts are battling for access to his encrypted thumb drives, which he gave the CBSA to support his refugee claim, mistakenly — perhaps naively — thinking they would be given to the tribunal deciding the family’s asylum claim instead of being seized by border agents. CBSA refuses to return them, but asked Matt to crack their encryption. It was Matt’s turn to refuse, fearing the contents will be given to U.S. authorities to be used against him in any national security probe.
The drives, he said, feature tamper-proof high security and will become useless if the wrong attempts are made to crack them. In April, IRB adjudicator Mary Heyes ruled that her board doesn’t have the power to force CBSA to return them to the DeHarts.
Matt’s case lumbered through the immigration and refugee process until last month, when his family life in Canada ended the same way it did in Indiana, with a knock at the door.
Over the Easter weekend, the DeHarts had been required by their Brampton landlord to move to another apartment within the same building. Paul informed the GPS monitoring company, Recovery Science Corp., which notified CBSA. On the day of the move, April 22, Stephen Tan, operations manager with Recovery Science, came to their new apartment to check on things. The monitoring was in place, Matt was secure, Mr. Tan confirmed. But there was an unnoticed snag.
The next morning, a CBSA officer and five police arrived at the DeHart’s door and arrested Matt for breaching his release terms, which required him to notify CBSA of any change of address in person. It was while in detention after that arrest that Matt apparently tried to harm himself twice, once using a T-shirt as a ligature and the other by smashing his head on the concrete floor of his cell.
On May 5, prison guards brought Matt to a videoconference room in the Central East Correctional Centre, near Peterborough, Ont., linked to an IRB hearing room in Toronto, for a mandatory detention review. Matt was barely recognizable — unkempt, his eyes red and swollen, his expression contorted. The IRB wanted to know if he was even well enough to proceed.
“I’m inhibited,” he said, referring to the sedatives he had been given in jail, “but I think I can understand.”
In the Toronto hearing room, his father, Paul, testified about the family’s efforts to comply with the strict conditions the IRB had imposed. As he spoke, behind him on the monitor, Matt’s face turned red, his mouth wrenched in a mournful, silent frown. Tears flowed. When the hearing adjourned for the day, a guard came to return him to his cell.
“See you later, dad. I love you,” Matt called out through the video link. Paul reached for a tissue and wiped his eyes.
By May 9, when the hearing resumed, Matt seemed more alert, less anguished. The suicide smock he had been forced to wear last time was gone; he was dressed in standard prison-orange. When a National Post reporter told him he looked better, he replied with a smile: “I’ve been upgraded. I get sheets and blankets now.”
I’m not suicidal. I’m distressed. I’m probably the most depressed I’ve ever been. But I have my parents, I’m thankful for that. And God.
— Matt DeHart
Matt told the IRB that jail guards had been calling him a child molester, a damning accusation anywhere but particularly dangerous in prison where inmates go to considerable lengths to hurt pedophiles.
“Did you diddle any more kids?” Matt said a guard asked him soon after he arrived. “I couldn’t take anymore. I had to put up with that in [prison in] the U.S. I put a T-shirt around my neck and I passed out.” Asked if he was suicidal, he replied, “I’m not suicidal. I’m distressed. I’m probably the most depressed I’ve ever been. But I have my parents, I’m thankful for that. And God.”
Matt begged for release, no matter the restrictions: “Chain me to a wall, I don’t care, I just want to be with my parents.”
But Andrew Laut, the IRB adjudicator, was troubled because Matt had fled from the U.S., and his parents, who would be supervising him in Canada, were the same people who had helped him get away. Mr. Laut deemed the risk of another desperate escape too great.
Matt testified that if Canada ordered him to return to the United States, he would comply — “I feel that would send a message, the same way Bradley Manning sent a message,” he said, referring to the U.S soldier imprisoned for giving classified military and diplomatic documents to WikiLeaks.
His release was denied.
It is difficult to know how much of Matt’s story is accurate. Anonymous, national security agencies, Russian spies and child pornographers all rely on secrecy and, when it suits them, the shadows. Matt’s mental health issues, after his diagnoses of a psychotic break and PTSD, further cloud the picture.
Neither should allegations of anyone tricking a young person into sending nude pictures be easily dismissed.
What appears certain, however, is Matt became a person of interest to U.S. federal authorities for other reasons — likely his hacktivism with Anonymous and his link to a classified document found on his hidden computer server, possibly meant for WikiLeaks; he was later detained and questioned because of a national security alert that was inevitably elevated by his foolhardy contact with the Russian embassy. Authorities, it seems, then scoured his past and found a moribund complaint in Tennessee, the original nature of which is in some dispute. Then — whether evidence supporting the child porn charge is accurate, sloppy or fabricated — it was used to great investigative effect in the national security probe, which always seemed the FBI’s pre-eminent concern. There is also sound evidence the original complaint, whether about porn or just parental concern over their teen son’s online contact with an adult male, had gone nowhere until Matt stumbled into national security intrigue.
“When you view some of the allegations that Matthew and his family are making, they kind of strike you as a little bit conspiratorial, a little bit crazy,” said Prof. Coleman, who researches Anonymous at McGill University.
“But in this post-WikiLeaks moment, where there have been many leaks that have shown how, under the mantle of security, law enforcement and intelligence organizations have really abused their power, I think we have to take these claims very seriously. This is something we can no longer ignore or brush under the rug as being a crazy conspiracy.
“This case is too important to ignore.”
If Matt is deemed inadmissible to Canada, his refugee asylum claim will never be heard. Pending the outcome of any appeal, he would be deported back to the United States.
If, however, he is allowed to have his claim heard, then, if history is a guide, his chances of being allowed to stay in Canada still remain slim. In 2013, only three of 221 claims for asylum from the United States were accepted, according to IRB figures; in the past 10 years, 64 of 4,543 claims from the U.S. were successful — just 1.4%.
That is not many, but it is some. And some is now what the DeHarts hang on to.
“We are at the mercy of whatever happens in the system,” said Paul. “We know it is likely not going to end up in our favour, we know that. But somebody will at least know what happened and that what happened to him is wrong.”
TORONTO — A fellow prisoner gave Matt DeHart a haircut, his first since his April arrest, in preparation for his refugee hearing scheduled to start Tuesday, during which the former U.S. airman was to officially chronicle his claims — of helping Anonymous hacktivists, his aborted attempt to defect to Russia and his subsequent torture at the hands of U.S. jailers — in his unusual bid for asylum in Canada.
But the buoyancy of his mood snapped.
Instead of appearing before a Toronto refugee tribunal Tuesday he was confined in a suicide watch cell after returning to jail from hospital, where he was treated after another suicide attempt.
“Makes me think something happened to him at the jail,” Mr. DeHart’s father, Paul, told the National Post. “A suicide attempt at this point makes no sense since we were all ready to appear and finally make our refugee appeal.”
He said his son was removed Thursday without notice from an immigration holding wing at Central East Correctional Centre, near Peterborough, Ont., and taken to Toronto East Detention Centre, where he was placed in general population.
“He thought they were hauling him off to the U.S. before he even had his hearing. It was a huge anxiety,” said Paul DeHart.
“He was stuck in a small cell with three to a cell and locked down for three days in a row. It was very loud and stressful and they know he has PTSD [post-traumatic stress disorder].”
Mr. DeHart asked to see a prison doctor on Sunday but was told none were available, his father said.
On Monday, Mr. DeHart, 30, used a T-shirt as a ligature to strangle himself, the Posthas learned. In April, he also tried to strangle himself with a T-shirt while in prison, where he was sent pending his refugee hearing.
Neither officials with Canada Border Services Agency, which is objecting to Mr. DeHart’s refugee claim and in favour of his imprisonment and deportation, nor the jail would tell the family his condition, said Larry Butkowsky, the DeHarts’ lawyer.
“We didn’t even know whether he was alive or not,” Mr. Butkowsky said. “We spent the whole day trying to find out what was going on. For my clients, the parents, it was awful.”
Tuesday’s refugee hearing was postponed and, instead, lawyers and officials discussed preliminary matters and a new schedule with the Immigration and Refugee Board tribunal.
Refugee hearings are normally closed to the media but were opened to the National Post in this case after a formal motion was argued that it raises important issues deserving close public scrutiny.
Mr. DeHart and his parents claimed refugee asylum last year after fleeing to Canada before his trial in Tennessee on charges of production and transportation of child pornography.
The family claim the charges are a ruse used by U.S. authorities as leverage in a national security probe into a possible Russian spy ring, Mr. DeHart’s past activities as part of the Anonymous hacktivist group and his link to a classified U.S. government document likely destined for WikiLeaks, the whistle-blowing organization.
While his story seems incredible, a five-part National Post investigation published in May revealed there is some truth behind some of the claims and many puzzling questions about what took place.
Mr. DeHart has been diagnosed with PTSD, a condition he said developed because of his treatment while incarcerated in the United States while being interrogated by the Federal Bureau of Investigation.
Official FBI documents confirm Mr. DeHart was arrested in 2010 on a national security alert after he crossed back into the United States from Canada, where he had enrolled in a Prince Edward Island college to become welding.
Mr. DeHart was interrogated over several days about his visit to the Russian embassy in Washington, FBI documents confirmed. Two other summaries of his interrogations remain classified.
Mr. DeHart said he was also grilled about Anonymous and WikiLeaks, two organizations targeted by the U.S. government.
He told the Post he was an early member of Anonymous, helping the hacktivists’ nascent anti-Scientology campaign in 2008. He said he also ran a computer server on the Tor network, the so-called hidden Internet, used for anonymous posting of documents. A classified FBI report about the CIA was posted on his server, he said, which he believes was being forwarded to WikiLeaks.
Shortly after that discovery, police raided his Indiana home and seized his computers. The search warrant said the raid was part of a child pornography investigation.
A U.S. judge, who was allowed to read classified documents about Mr. DeHart as well as hear evidence on the child porn charges, ordered he be released on bail, pending trial.
A judge confirmed the existence of a national security probe into Mr. DeHart’s visit to the Russian embassy and Anonymous, but said of the porn charge, “the weight of the evidence is not as firm as I thought.” No pornography was found on Mr. DeHart’s computers, either those seized in the United States or in Canada.
Before his trial could start, he fled to Canada with his father, Paul, and mother, Leann, and claimed refugee protection claiming fear of political persecution and as a victim of torture.
The family’s claims are now scheduled to be heard in August.
TORONTO — About a dozen activists stood at the doorstep of the United States consulate under the gaze of an equal number of police officers Saturday afternoon, protesting the treatment of a former U.S. airman seeking asylum in Canada who claims he was tortured by U.S. authorities probing his ties to the Anonymous hacker collective.
In keeping with the connection the case of Matt DeHart has with Anonymous, many protesters wore the stylized Guy Fawkes masks that have become the symbol of hacktivist dissent.
Although peaceful, some protesters were agitated by the large RCMP and Toronto police presence and confronted officers who stood watching.
“This can’t make you feel good inside, it legitimately can’t,” said a male protester. “You know nothing about us,” replied an officer during a heated argument.
“You’re a paid pawn here to suppress my voice,” a woman told officers, who eventually backed away from the demonstration to deescalate emotions.
Others stood in silent protest, their faces hidden by Guy Fawkes masks, holding signs up to passing motorists with the protest’s online hashtags: #FreeMattDeHart and #FreeAnons.
“It’s small, but those people who came out care a lot about this,” said Bailey Lamon, a London, Ont.-based organizer of the protest.
Mr. DeHart, 30, is in prison in Ontario awaiting an Aug. 20 refugee hearing during which he will argue his claim for refugee protection, along with his parents. All three are former members of the U.S. military. Mr. DeHart and his parents, Paul and Leann, claimed refugee asylum last year after fleeing before his trial in Tennessee for production and transportation of child pornography.
The DeHarts claim the charges are a ruse by U.S. authorities as leverage in a security probe into a possible Russian spy ring, his activities with Anonymous and his link to a classified U.S. government document likely destined for WikiLeaks, the whistle-blowing organization.
Plainclothes members of the RCMP’s diplomatic liaison unit arrived as the protesters gathered.
“We’re just here to see what’s going on,” said RCMP Corp. John Wright.
A spokesman for the Occupy Toronto movement, which co-sponsored the rally, said there would be more protests to raise awareness of the case, Mr. DeHart’s detention and his possible deportation back to the United States where he claims he was tortured.
“This is one of the most important human rights issues between Canada and the United States,” the spokesman said, declining to provide his real name.
Mr. DeHart’s father, Paul, spent Saturday visiting his son in jail at Central East Correctional Centre in Lindsay, Ont., and afterwards sent a message to supporters: “Thanks those who rallied in Toronto inspite of rain. He’s encouraged by your support. Peace and love,” he said on Twitter.
The case was the focus of a five-part National Post investigation published in May that revealed there is truth behind some of the claims and significant questions remaining about the handling of his case in the United States.
Mr. DeHart has been diagnosed with post-traumatic stress disorder, which he said is a result of mistreatment while incarcerated in the U.S. during a series of interrogations by the Federal Bureau of Investigation.
Protesters said there may be another rally on Wednesday at the Immigration and Refugee Board where the DeHart’s case will be heard.
An online legal defence fundraising campaign for Matt DeHart, the former U.S. airman and Anonymous hacker seeking refugee protection in Canada, has been shut down without explanation.
Tor Ekeland, a New York-based lawyer specializing in technology and privacy issues, is part of Mr. DeHart’s defence team and started the campaign on GoFundMe.com to help defray his pro bono expenses.
Shortly after launching Friday, the funding page was deleted by the crowdfunding site, Mr. Ekeland said.
An email to Mr. Ekeland from GoFundMe’s “Customer Happiness” department says only that the campaign was removed “due to a violation of our terms and conditions,” but his inquiry on which term or condition was allegedly violated has gone unanswered, he said.
Several requests to GoFundMe for comment from the National Post over several days have also gone unanswered, although an automated response said replies to reporters typically come within two hours.
“We get it all set up and launch,” said Mr. Ekeland, “money was coming in, not a lot but it was picking up. We had two or three donations that morning.
“This is a legal defence fund. No one has been convicted; you are innocent until proven guilty.
“They seem to be very selective … politically censoring fundraising accounts they don’t like.”
Mr. DeHart and his parents, originally from Indiana, sought asylum last year after fleeing to Canada claiming he was tortured in the United States. The family arrived ahead of his U.S. trial for production and transportation of child pornography.
Mr. DeHart claims the charges are a ruse, used as leverage in a security probe into a possible Russian spy ring, his activities with the hacktivist group Anonymous and his link to a classified U.S. government document likely destined for WikiLeaks, the whistle-blowing organization.
GoFundMe.com has previously been accused of applying a political filter to its campaigns.
Many people were angered by a recent campaign on the site that raised more than US$200,000 for Darren Wilson, the Missouri police officer who shot and killed Michael Brown in Ferguson.
Current fundraising campaigns include a former state Senate candidate seeking to pay off a court judgment over campaign finance violations and another political candidate seeking money for signs advocating the legalization of marijuana.
It has previously shut down campaigns relating to pro-choice or pro-abortion activities while allowing pro-life or anti-abortion campaigns to continue.
“They hurt themselves with that on the Internet. People have been complaining,” said Mr. Ekeland.
He said he has never had problems with online legal defence funds before. He has since launched a replacement campaign on competing crowdfunding site fundrazr.com.
He said the case is a particularly expensive one, largely because of travel. Mr. DeHart is incarcerated in Ontario on an immigration violation, and has hearings in Toronto. The child pornography case against him is in Tennessee. The case requires extensive computer expert analysis, he said.
“I’m interested in cases that are important and I think this is a really important case. It is a strange case. Matt’s case is another deep dive into the rabbit hole. It’s perhaps the weirdest one yet.”
The DeHart case was the focus of a five-part National Post investigation published in May that revealed significant concerns about the handling of his prosecution.
The series was named Monday as one of five finalists for a Canadian Online Publishing Award in the best article or series category.
Matt DeHart, an American who believes the United States is pursuing sham child-porn charges against him as cover for a national security investigation, has been ordered deported from Canada.
In a decision made public Tuesday, the Immigration and Refugee Board of Canada concluded “reasonable grounds to believe that Mr. DeHart committed offences in the United States,” making him inadmissible to Canada — nevertheless, he will remain in Canada for the time being as there are ongoing proceedings that prevent immediate deportation.
The 30-year-old faces up to 25 years in prison if convicted of child pornography charges in Tennessee.
“We are disappointed with the admissibility decision regarding Matt especially considering the voluminous amount of documentation and personal testimony we submitted,” Paul and Leann DeHart, Matt’s parents, said in a statement. “Our son is innocent of the charges against him in the U.S. and is a victim of torture.”
An early member of the hacker group Anonymous, Mr. DeHart said that six years ago he came across sensitive government documents uploaded to one of his servers detailing an FBI investigation into select practices by the CIA.
He deleted the file, but several months later the DeHart family’s Newburgh, Indiana, home was stripped of all its electronic equipment in a police raid searching for child pornography.
Mr. DeHart faces child-pornography charges in Tennessee for allegedly posing as a teenaged girl to trick teenaged boys into sending him explicit photos and videos of themselves.
He denies the charges, claiming they are a ruse to crack down on Anonymous and to pursue the sensitive security file. “I don’t have child pornography on my stuff,” Mr. DeHart told the National Post earlier this year. “From that moment, I knew they wanted my server and they wanted information related to Anonymous.”
After attempting to seek asylum at the Russian and Venezuelan embassies — and then spending several months studying in Canada — Mr. DeHart was subjected to an intensive espionage interrogation after crossing the Maine-New Brunswick border.
During this interrogation, Mr. DeHart claims his jailers tortured him using methods including sleep deprivation, the forced administration of intravenous drugs, and being strapped naked in a submission chair.
In the decision by the IRB, board member Mary Heyes acknowledged there has been “some sort of security investigation against Mr. DeHart,” but said there were “troubling, unanswered questions” in the DeHart family’s version of events.
“I have not been presented with a plausible explanation as to why the investigating detective, the district attorney, the grand jury and the victims and their families would fabricate and present false evidence to the courts in the United States,” Ms. Heyes wrote.
On Tuesday, Mr. DeHart’s lawyer, Lily Tekle, said her client was “exploring his legal options” and remained hopeful he could get a favourable decision via other avenues in Canada.
Matt DeHart, a former American soldier who sought asylum in Canada claiming torture by U.S. agents probing Anonymous hackers and WikiLeaks, was taken from his Ontario prison cell Sunday morning and delivered to U.S. agents at the border.
Mr. DeHart, 30, was allowed to make a quick phone call en route to his parents, who are living in Toronto facing their own removal order, said his father, Paul.
“He was peaceful and in good health,” Paul DeHart said in an interview but the family remains deeply worried.
“We are concerned about Matt’s safety as he transits,” he said. “We said a prayer together on the phone and gave him into God’s hands for protection.”
His claim for refugee protection in Canada, on the basis of his torture claim, was rejected last month by the Immigration and Refugee Board.
“I cannot imagine any life in a country which has already tortured me,” he told theNational Post last month. “Am I now to be given into the hands of my torturers?”
His is a bizarre, high-profile case, featured in a large investigation by the Post in May. It has since been featured in international media, including recent pieces by Germany’sDer Spiegel and Al Jazeera America.
Mr. DeHart fled to Canada with his parents ahead of a criminal trial on child pornography charges that he insists were laid by authorities as leverage to further a national espionage and national security probe.
Mr. DeHart says the pornography charges are a ruse to investigate his involvement in Anonymous and his operation of a “hidden” Internet server used to leak a classified U.S. government document, likely destined to WikiLeaks, the whistle-blowing organization.
A Post investigation revealed many problems with the evidence in the pornography case and confirmed the FBI interrogated him on espionage and security matters several times while he was in custody under unusual circumstances.
In it’s decision on his asylum claim, the IRB raised similar concerns, saying there are enough questions about the case “to cast sufficient doubt on the credibility” of the government’s case and found no “credible or trustworthy evidence” he committed child pornography offences.
However, his claim for protection was not accepted because the IRB said the United States “has a fair and independent judicial process” where he can fight his criminal charges and press his civil rights complaint.
Paul DeHart said he does not expect to be in direct contact with his son again for several weeks now he is back in U.S. custody.
Last time he was arrested by U.S. authorities at the border, he was incarcerated without a timely court appearance or speaking with a lawyer. In that time, the FBI interrogated him several times, but not about child pornography, documents show.
“He has publicity now so maybe he will transit without incident,” said Paul DeHart.
Tor Ekeland, his New York lawyer, said despite legal requests, Canadian officials would not say which border crossing Mr. DeHart was being taken to.
“We wanted to have a lawyer present,” Mr. Ekeland said. “We’ll be doing our best to find him.” He said since Mr. DeHart’s allegations of torture came after his detention by border guards, this is concerning.
Mr. DeHart is expected to end up in one of four county jails in either Tennessee or Kentucky, where inmates awaiting trial in the district where he was charged usually are housed.
Anna Pape, a spokeswoman for Canada Border Services Agency, declined to provide any details, or even confirmation, of Mr. DeHart’s removal.
“The CBSA places highest priority on removal cases involving criminals, national security, crimes against humanity and organized crime,” she said. “Removals of failed refugees and individuals with other immigration violations are also necessary to maintain the integrity of Canada’s immigration program.
“The decision to remove someone from Canada is not taken lightly. The Immigration and Refugee Protection Act states that removal orders must be enforced as soon as possible. The CBSA is firmly committed to doing so.”
Paul DeHart, and his wife, Leann, are finalizing their own departure plans after also being refused asylum in Canada.
“The panel acknowledges that this particular claim is by no means a simple one,” wrote IRB adjudicator Patrick Roche on the DeHart family’s refugee claim.
“The principal claimant is alleging that he is being persecuted by the government of the United States, or agents of that government, for his perceived political beliefs as a hacker and whistleblower involved in leaking sensitive government information,” wrote Mr. Roche. “He alleges that he has been falsely accused of crimes in order to keep him incarcerated and he alleges that he had been drugged and subjected to interrogations without his constitutional rights.”
Despite evidence of the U.S. government’s harsh treatment of computer hackers, Mr. Roche found American justice could be trusted to deal with Mr. DeHart’s case.
While Matt DeHart appeared briefly inside a Buffalo courtroom after his deportation from Canada where he had sought political asylum, outside, a prominent international whistleblower support group hailed him for his courage.
Mr. DeHart, 30, was turned over to U.S. authorities by Canada Border Services Agency on Sunday and on Monday he was named the third beneficiary of the Courage Foundation, an international organization.
Mr. DeHart joins two previous beneficiaries, both well-known newsmakers: Edward Snowden, the former U.S. National Security Agency analyst who leaked documents revealing large-scale global surveillance, and Jeremy Hammond, serving 10 years in a U.S. prison after hacked email from security think-tank Stratfor was published through WikiLeaks, the whistle-blowing organization.
“Canada’s actions are shameful. It may as well not have a border,” said WikiLeaks founder Julian Assange in a statement. (WikiLeaks started the Courage Foundation and its acting director, Sarah Harrison, is also a WikiLeaks editor.)
“The abuse of the law in DeHart’s case is obvious, shocking and wrong,” said Mr. Assange.
In a tweet, WikiLeaks referred to Mr. DeHart as an “alleged WikiLeaks middleman.”
Mr. Assange remains in exile in Ecuador’s London embassy where he took refuge against extradition to Sweden where he is wanted for questioning on sex-crime allegations.
Serious questions about Mr. DeHart’s treatment and prosecution were revealed in a long investigation by the National Post in May.
Mr. DeHart is a former American serviceman in the Air National Guard, where he trained in the secretive drone program. While in the military he was also involved in Anonymous, the global hacktivist group.
He fled to Canada ahead of a criminal trial on child pornography charges that he insists were laid as leverage to further a probe into Anonymous and his operation of a secret Internet server used to leak a classified U.S. government document, likely destined to WikiLeaks.
While in custody in the United States, he alleges he was tortured and interrogated.
His bid for political asylum as a refugee was denied in Canada.
After Mr. DeHart’s forced removal from Canada, he made a brief appearance in Buffalo court, where he was ordered transferred to Tennessee, the jurisdiction where his criminal charges were laid, said his New York-based lawyer Tor Ekeland. Mr. Ekeland was able to participate in the appearance over a telephone speaker.
“Matt said he was being treated OK,” Mr. Ekeland said.
Ms. Harrison said the treatment of Mr. DeHart is unjust and his case is an important one.
“It raises important legal questions, including the behaviour of the Canadian asylum system in relation to the United States, the status of ‘data couriers’ to WikiLeaks and other publications, the status of Anonymous ‘members,’ the limits of state power during espionage investigations, the abuse of medical procedures, the use of deportation instead of extradition, the exploitation of the mentally vulnerable by investigators and the use of unrelated charges of a taboo nature during a national security investigation,” Ms. Harrison said.
“The FBI has ruined Matt’s life to cover up what he knew and to punish his support of WikiLeaks and Anonymous.”
Jesselyn Radack, a prominent U.S. national security and human rights attorney who represents Mr. Snowden, slammed the decision of Canada’s Immigration and Refugee Board to deny Mr. DeHart asylum.
“While the U.S. government has yet to file an indictment under the Espionage Act in this case, it is obvious that the flimsy child pornography charges are a pretext to punish DeHart and force him to return to the U.S.,” she said.
“The Obama administration has aggressively used the Espionage Act as its weapon of choice to punish national security whistleblowers, in any case that even remotely involved disclosure of allegedly-classified information.”
The Courage Foundation supports people “who risk life or liberty to make significant contributions to the historical record,” the organization said in a statement.
It may take several weeks for Mr. DeHart to be transferred from prison to prison on his way to Tennessee.
Any potential trial of whistleblower Edward Snowden would amount to political persecution if it covers his revelations about the US government’s human rights violations, Amnesty International said today.
Over the weekend top US officials, including the White House and leading lawmakers, went on the record saying the former intelligence agency contractor – who has been granted temporary asylum in Russia – should not receive clemency for leaking information about the USA’s wide-reaching surveillance programmes.
“Edward Snowden is a whistleblower who has disclosed an unlawful global digital surveillance programme that has violated the right to privacy of millions of people. As such, he has grounds to seek asylum abroad out of well-founded fears the USA would persecute him for his actions,” said Erika Guevara Rosas, Americas Programme Director at Amnesty International.
Originally posted 10 October 2013 on the Guardian website
Editors around the world expressed their support of the journalistic work that has gone into the publications of NSA and GCHQ mass surveillance programs, following a flurry of UK media headlines including accusations that the Guardian paper was aiding terrorists.
On 9 October 2013 the Telegraph published an article with the extraordinary title, ‘GCHQ leaks have “gifted” terrorists ability to attack “at will”, warns spy chief’. The article quoted extensively from a speech given by the UK’s new MI5 Director-General Andrew Parker and emphasised that leaks of GCHQ classified information had given terrorists a significant advantage. The following day, the Daily Mail published a comment accusing theGuardian of being a paper that helps Britain’s enemies and causes real damage by leaking information about GCHQ to the public.
Originally posted 6 August 2013 on the Article 19 website
Dear President Obama,
We are writing to you as free speech and media freedom organisations from around the world to express our strong concern over the response of the US government to the actions of whistleblower Edward Snowden. We urge you to take immediate action to protect whistleblowers and journalists.
Edward Snowden’s recent disclosures have triggered a necessary and long-delayed public debate about the acceptable boundaries of surveillance in a democratic country, a debate that on 5 June you welcomed having. The revelations brought into question the legitimacy of the secretive process of the Foreign Intelligence Surveillance Court and closed Congressional intelligence committees as appropriate forums to determine the fundamental human rights of Americans and persons worldwide. The disclosures have clearly served the public interest, including by prompting similar debates in countries around the world.
Edward Snowden’s disclosures about the massive surveillance of communications data by the United States and the United Kingdom point to a serious infringement on the right of privacy. If true, these disclosures indicate that data is being collected about the communications, associations, and movements of millions of ordinary people who aren’t suspected of wrongdoing or considered a threat. This indiscriminate collection of data is intrinsically overbroad and cannot be justified by some future hypothetical usefulness against potential threats to these countries.
The law often criminalizes the disclosure of secrets by employees or agents of a government. But international law recognizes that revealing official secrets is sometimes justified in the public interest. In particular it may be necessary to expose and protect against serious human rights violations, including overreaching or unjustifiable surveillance. International principles on national security whistleblowers outline various circumstances under which governments should protect people from punishment if they disclose information of public concern.
The US authorities’ relentless campaign to hunt down and block whistleblower Edward Snowden’s attempts to seek asylum is deplorable and amounts to a gross violation of his human rights Amnesty International said today.
“The US attempts to pressure governments to block Snowden’s attempts to seek asylum are deplorable,” said Michael Bochenek, Director of Law and Policy at Amnesty International. “It is his unassailable right, enshrined in international law, to claim asylum and this should not be impeded.”
The organization also believes that the National Security Agency (NSA) whistleblower could be at risk of ill-treatment if extradited to the USA.
Statement of Stephen M. Kohn, Executive Director of the National Whistleblower Center
“Edward Snowden should not be prosecuted. Instead, the White House must keep the promise made by President Obama, during his 2008 election campaign, when he pledged to support legislation that would fully protect all government whistleblowers, including those in sensitive national security positions.”
“Until Congress enacts a law, setting forth reasonable procedures by which civil servants can disclose national security violations to the American people, the government should not prosecute these whistleblowers. Congress and the President must do their jobs, and stop destroying the lives of civil servants who try to report misconduct.”
There is significant historical precedent for the protection of whistleblowers demonstrating that such protections were strongly supported by the Founding Fathers. Mr Kohn previously discussed this precedent in his New York Times op-ed ‘The Whistleblowers of 1777’. Mr Kohn is also the author of The Whistleblower’s Handbook: A Step-by-Step Guide to Doing What’s Right and Protecting Yourself (Lyons Press, 2011).
Between 19 June and 16 July 2013, 28 applications for asylum to 27 different countries (including twice to Russia), were made on Edward Snowden’s behalf, the majority  by WikiLeaks journalist and legal adviser Sarah Harrison to the Russian consulate at Sheremetyevo airport in Moscow on 30 June 2013. A further sixasylum applications were made on 5 July, although WikiLeaks stated that those countries would not be named “due to attempted US interference”. He was finally granted temporary asylum in Russia lasting one year on 1 August 2013.
Early negotiations for asylum in Iceland
When talking about his future prospects to journalists Glenn Greenwald, Laura Poitras and Ewen MacAskill in avideotaped interview on 9 June 2013 in Hong Kong, Edward Snowden indicated that his first preference for eventual safe harbour would be Iceland because of its strong reputation for protecting internet freedom.
Icelandic free speech activists and some parliamentarians quickly voiced support for the idea. However, Iceland’s ambassador to China told Hong Kong’s South China Morning Post that “according to Icelandic law a person can only submit such an application once he/she is in Iceland” and some commenters warned that Iceland’s recent change of government meant that there was less likelihood of asylum being granted there.
In an online Q&A forum Edward Snowden stated he did not travel to Iceland immediately from the United States as he feared the country of only 320,000 could be pressured by Washington: “Iceland could be pushed harder, quicker, before the public could have a chance to make their feelings known, and I would not put that past the current U.S. Administration”. Icelandic businessman Olafur Vignir Sigurvinsson, former CEO of Datacell, a company that handles donations for WikiLeaks, later confirmed that private donors had chartered a Gulfstream G550 jet to bring Edward Snowden to Iceland at a cost of more than US$240,000 although it was never used, probably because the lack of parliamentary support in Iceland meant Snowden would still be in danger of extradition from there. However, WikiLeaks’ spokesperson Kristinn Hrafnsson, an Icelandic citizen, continued to negotiate directly with ministers as options for asylum in other countries were explored.
Icelandic supporters raised the possibility of granting Snowden citizenship to circumvent the need to be on Icelandic soil in order to apply for asylum, which was used successfully to help chess master Bobby Fischer escape from Japan in 2005 when he faced US extradition and prosecution. It was felt citizenship would also help protect Snowden from onward extradition to the US from Iceland. Icelandic MPs representing the Pirate Party, the Left-Green Movement, Bright Future and the Social Democratic Alliance introduced a bill on 4 July 2013 to Iceland’s Althing parliament to grant Snowden citizenship – the last day of meetings before the parliament broke for its summer recess – however the majority of MPs voted against discussing it. As a result, a decision could not be reached until September at the earliest.
Initial application for asylum in Ecuador and departure from Hong Kong
Edward Snowden said he initially flew to Hong Kong because of its ”spirited commitment to free speech and the right of political dissent”, and because he believed that it was one of the few places in the world that both could and would resist pressure from the US government. WikiLeaks tweeted a map of long-haul destinations from Hawaii, noting that, as one of few places with direct flights and no stopovers which cross or enter US or allies’ airspace, “Hong Kong, dangerous as it is, safest option for Snowden”. On 15 June hundreds of protesters ralliedoutside the US consulate in Hong Kong, demanding local authorities protect Mr Snowden. The Hong Kong government promised to handle his case and any extradition request from the US strictly according to established law and policy.
Hong Kong’s extradition treaty with the US was signed in 1997 on its return to Chinese sovereignty, but due to aMarch 2013 ruling by Hong Kong’s High Court asylum-seekers could not be deported until the government established new procedures to review asylum cases – potentially making any US request for extradition a very lengthy process if Edward Snowden sought asylum there first. However, bail would be unlikely to be granted when the US request came in, severely limiting Mr Snowden’s ability to participate in the global debate about surveillance and citizens’ privacy rights he had initiated.
On 23 June 2013 Hong Kong announced Edward Snowden had left Hong Kong and WikiLeaks confirmed he was“bound for the Republic of Ecuador via a safe route for the purposes of asylum”. WikiLeaks journalist and legal adviser Sarah Harrison was to accompany Snowden to Moscow, and from there Harrison planned to accompany him to Ecuador through stopovers in Cuba and Venezuela. Ecuadorian Foreign Minster Ricardo Patino confirmed on Twitter that his government had received an asylum request.
The Hong Kong authorities confirmed that Mr Snowden left the territory of his own accord by the “lawful and normal channel” as the extradition warrant issued by Washington had insufficient information and “did not fully comply with the legal requirements under Hong Kong law”. Snowden travelled to Moscow carrying refugee travel documents issued with the help of Ecuador’s London consul Fidel Narvaez in case of any problems (in the event when he reached Moscow the State Department announced they had cancelled his passport), although these were subsequently withdrawn due to errors in authorisation. Edward Snowden later wrote to Ecuador’s President Rafael Correa thanking him for his country’s support and noting the “decisive action of your Consul in London, Fidel Narvaez, guaranteed my rights would be protected upon departing Hong Kong – I could never have risked travel without that.”
Attempts to reach asylum in Latin America
Effectively stranded in the transit zone of Moscow’s Sheremetyevo airport by the US cancelling his passport, Snowden did not board his booked onward flight to Havana the following day. It was not clear whether different airlines would accept Snowden’s temporary travel documents and the US began issuing warning messages to a variety of potential destinations or stopover points. As with Iceland, it was a legal requirement that Edward Snowden be in Ecuador in order for his asylum request to be processed. President Rafael Correa stated his government would still consider Snowden’s application if he could reach an Ecuadorian embassy, saying: “the situation can be processed and resolved there” but that its assessment of the application “could take weeks or months”. He later clarified that Ecuador would not reissue authorised travel documents to extract Snowden from Moscow: “The right of asylum request is one thing, but helping someone travel from one country to another – Ecuador has never done this.”
The legal requirement to be within national territory before an asylum request can be processed is common to many countries and fears grew that the US might seek to prevent Snowden flying across its allies’ airspace to reach any Latin American countries willing to take him. These fears were realised when the plane of the Bolivian President Evo Morales en route from a Moscow summit was forced to land in Vienna, having been denied airspace transit by France, Spain, Portugal and Italy at the behest of the US on suspicion that Edward Snowden was on board (see Political interference for details).
President Evo Morales had previously indicated his openness to granting Edward Snowden asylum in Bolivia, but stated the formal request had not reached him yet: “If there were a request, of course we would be willing to debate and consider the idea.” Venezuelan President Nicholas Maduro also stated he would look favourably on Snowden’s asylum request once it arrived: “No-one has asked us for now, but we say and advocate that someone in the world should stand with this young man and protect him, the revelations he has made with courage serve to change the world.” Both Nicaragua and Cuba made no immediate comment concerning Mr Snowden’s asylum requests, however Brazil quickly said it would not grant asylum, adding that it would leave the request unanswered. WikiLeaks’ publisher Julian Assange later commented that Brazil’s refusal was “disappointing”, especially in light of the fact that Edward Snowden’s revelations had exposed the extent to which the NSA targeted Brazilian communications networks, including that of Petrobras, the largest oil company in Brazil, and the entire contact network of President Dilma Rousseff, along with her top aides.
Austria: Interior Minister Johanna Mikl-Leitner said Mr Snowden’s application for asylum was not legally valid because he had not applied in person inside the country. However, if he arrived in Austria he would not be deported as there was “no international warrant for him”. Brazil: A foreign ministry spokesman said Brazil would not grant asylum, adding that it would leave the request unanswered. China: Foreign Ministry spokeswoman Hua Chunying said she had no information about Snowden’s asylum request. Cuba: Cuba gave no immediate response to Mr Snowden’s asylum request, its embassy in Moscow declining to comment. However, Cuban president Raul Castro later offered his support for the “sovereign right” of Venezuela and other Latin American countries to grant Snowden asylum. Finland: Finnish foreign ministry spokeswoman Tytti Pylkkö confirmed they had received a faxed asylum request but that Finnish law required Snowden to be in the country for him to apply. France: France confirmed it had rejected a request for asylum from Edward Snowden, without citing precise reasons. Germany: Foreign minister Guido Westerwelle said he “could not imagine” that Edward Snowden’s asylum request would be approved. The interior and foreign ministries later issued a joint statement that they were rejecting Mr Snowden’s application and that “the conditions have not been met”. India: Ministry of External Affairs spokesman Syed Akbaruddin confirmed its embassy in Moscow had received an application for asylum, but “following careful examination we have concluded that we see no reason to accede to the Snowden request”. Ireland: A spokesperson for the Department of Justice said it did not comment on individual asylum cases but that under Irish law asylum requests could only be accepted from people who had already landed in or were within the country. Italy: Foreign Minister Emma Bonino stated that asylum requests had to be presented in person at the border or in Italian territory. “As a result there do not exist the legal conditions to accept such a request, which in the government’s view would not be acceptable on a political level either.” Netherlands: Security and Justice Secretary Fred Teevan said Edward Snowden’s request would be denied because under Dutch law applicants cannot seek asylum when they are not physically present in the Netherlands. Norway: Application denied, on the basis it needed to be made on Norwegian soil. Deputy Justice Secretary Paal Loenseth remarked: “The Norwegian authorities can theoretically permit entry to Norway and asylum to a person that we think is important for foreign political reasons but I can’t see any such reasons in this particular case.” Poland: Foreign Minister Radoslaw Sikorski said on Twitter: “A document, that does not meet the formal conditions for an asylum request, has arrived but even if it did I won’t give a positive recommendation.” Spain: Foreign Minister José García-Margallo stated: “For it [the application] to be legally admissible, it has to be made by a person who is in Spain.” A ministry official later clarified that Spanish embassies aren’t considered national soil for this purpose, only Spain’s own territory and its land borders. Switzerland: Switzerland no longer accepts asylum applications at its embassies but asylum-seekers can apply for a three-month humanitarian visa to facilitate travel to Switzerland to fulfil the condition of being on Swiss soil. Valentina Anufrieva of Switzerland’s embassy in Moscow told reporters: “Only when the person’s life is in danger can we make an exception, but that doesn’t appear to be the case here.” Migration Department spokeswoman Celine Kohlprath confirmed Edward Snowden had not yet applied for a humanitarian visa.
There were calls – by the Norwegian PEN Society, a information rights group in Norway, and by German MPs – for formal review of their governments’ decision and suggesting legislation which could be used to facilitate granting Snowden asylum protection, but without success.
Temporary asylum granted in Russia
Edward Snowden made his first request for political asylum in Russia on 30 June 2013, which was delivered to Russian consular officials from the international transit section of Moscow’s Sheremetyevo airport by Sarah Harrison, a journalist and legal adviser with WikiLeaks. This was withdrawn following remarks by Russian president Vladimir Putin that Mr Snowden would only be welcome on condition he stopped “his work aimed at bringing harm to our American partners”. However, Mr Putin also reiterated that Russia has no extradition treaty with the US and that “Russia never gives anyone up and doesn’t plan to give anyone up… Assange and Snowden consider themselves human rights activists and say they are fighting for the spread of information. Ask yourself this: should you hand these people over so they will be put in prison?”
Without a passport and with nations petitioned by Mr Snowden coming under intense political pressure from Washington, including threats of economic reprisals and the suspension of trade and airspace access, to prevent any from offering asylum and safe passage, onward travel was impossible. On 12 July 2013 Edward Snowden called a press conference at Sheremetyevo airport with representatives of Human Rights Watch, Amnesty International and Transparency International, as well as Russian lawmakers and human rights activists including Sergei Nikitin, the head of Amnesty International’s Russia office, prominent Moscow lawyer Genri Reznik and Russia’s presidential human rights ombudsman, Vladimir Lukin. At the meeting, Edward Snowden formally accepted all offers of support or asylum already received “and all others that may be offered in the future”. He went on to note that the US and some Western European countries had “demonstrated a willingness to act outside the law”, rendering him “stateless and hounded for my act of political expression” and unable to enjoy safe passage to Latin America, despite his formal asylee status following Venezuela’s grant of asylum on 6 July.
Snowden also announced his intention to apply for temporary asylum in Russia “until such time as… my legal travel is permitted”, receipt of which was confirmed by Russian officials on 16 July 2013. The request wasgranted on 1 August 2013 for a period of one year ending 31 July 2014 and includes the right to work and travel within the Russian Federation. Mr Snowden left the airport in a taxi accompanied by WikiLeaks journalist Sarah Harrison for an undisclosed secure location.
I ask that the Canadian government drop any criminal charges against Edward Snowden, protect him from extradition or rendition by third parties, and offer him asylum, in recognition of his status as whistle-blower and international human rights defender.