The Case of Daniel Baker: Online Speech and Community Defense
On January 15th, 2021, two men received a knock on the door of their Tallahassee apartment from someone claiming to be delivering a Postmate parcel. The two hadn’t ordered anything and raised suspicion that someone was trying to break in and rob their home so they said they didn’t order anything and refused to open the door. Moments later, their door crashed open and a percussive grenade ignited as FBI swarmed in with guns drawn, yelling.
This was the arrest of US military veteran, YPG volunteer medic and instructor of yoga and jujitsu Daniel Baker on charges of inciting violence at Florida’s state capital. This may sound like a familiar story of government arrests across the country since the January 6th far right riot to stop the counting of votes that Trump supporters and avowed white nationalists engaged. The difference lies in the fact that Dan Baker wasn’t calling for the storming of anything. The FBI alleges that he made posts online calling for people to resist an attempted coup that elements of the far right had been promoting since the failed acts of January 6th in DC, where armed putschists would take State capitals and public officials hostage. So, why did the FBI targetting Mr Baker? Why has he not been allowed private meetings with a lawyer since his detention? Why was he kept in solitary since his pre-trial time at the Federal Correction Institution at Tallahassee begun?
On October 12th, 2021, Dan Baker was sentenced to 44 months in Federal Prison for “interstate communication of threats” for his facebook posts and his militant anti-fascism, including his time fighting Daesh or ISIS in Rojava. His defense is appealing the ruling, otherwise he’s expected to be released at the soonest in March of 2024.
For the hour, we’re sharing our March 7th, 2021 conversation with Jack and Eric. Both are anti-racist activists, students of Daniel’s yoga and jujitsu instruction and Eric was the roommate that was present at the time of the home invasion by the FBI. You can find links to articles about the case in the show notes at our website and in this podcast and more information on Daniel’s case is at the instagram account, @FreeDanBaker, you can contact support at DanBakerDonations@gmail.com, donate to his support on paypal with that email and find his amazon wishlist on the instagram.
You can write to Dan Baker at:
Daniel Alan Baker #25765-509
FEDERAL CORRECTIONAL INSTITUTION
P.O, BOX 34550
MEMPHIS, TN 38184
Some media coverage of Dan’s case:
- “A Florida Anarchist Will Spend Years in Prison for Online Posts Prompted by Jan. 6 Riot” by Natasha Leonard: https://theintercept.com/2021/10/16/daniel-baker-anarchist-capitol-riot/
- ‘To See the Danger of a Domestic “War on Terror,” Look No Further Than This Florida Case’ by Branko Mercetic: https://jacobinmag.com/2021/01/daniel-baker-florida-case-fbi-capitol/
- “FBI Arrests Activist Daniel Baker Over Posts About Police Abuse and Self Defense” by Elizabeth Nolan Brown: https://reason.com/2021/02/16/fbi-arrests-activist-daniel-baker-over-posts-about-police-abuse-and-self-defense/
Other related reading:
- “Indigenous man faces up to 10 years in prison for Facebook posts” by Creede Newton: https://www.aljazeera.com/news/2021/1/19/holdindigenous-man-faces-10-years-for-facebook-comments-during-b
“George Floyd’s killing turned them into activists. What are they doing now?” by Tim Stelloh: https://www.nbcnews.com/news/us-news/george-floyd-s-killing-turned-them-activists-what-are-they-n1248746
- ‘State Legislatures Make “Unprecedented” Push on Anti-Protest Bills’ by Alleen Brown and Akela Lacyhttps://theintercept.com/2021/01/21/anti-protest-riot-state-laws/
Transcription, Zines, Support…
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. … . ..
- Angels Sing by Apollo Brown from Trophies
- U.N.I.Verse at War by The Roots from Instrumentals
- The Sunrise Over Rojava by Lee Brickley from Songs for Rojava (apparently inspired by Daniel’s crew in Rojava)
. … . ..
TFSR: Would you all please introduce yourselves with whatever names pronouns or affiliations that make sense for this chat?
Eric: My name is Eric, he/him. I’m a visual artist, and I was Dan’s roommate at the time of his arrest. We had traveled together for a while.
Jack: My name is Jack, I use they/them pronouns. I am studying biomathematics and computational science, and I’m an activist and organizer in the Tallahassee Community.
TFSR: And are y’all on the support crew for Daniel?
Jack: I’d say we’re probably the two main folks on the support group. We were all training jujitsu together at the time of Dan’s arrest, jujitsu and yoga.
Eric: Yeah, we just started a workout group thing that they’re trying to criminalize him for. They came after a yoga teacher.
TFSR: Would you all give listeners a thumbnail sketch of who Daniel is, and your relationships or how him?
Eric: We crossed paths a few times over the years. I think the first time we actually met was around 2013, we had crossed paths in the Krishna Temple in Chicago while I was traveling around, he had just come from a Rainbow Gathering. And he was traveling, visiting some different temples on the way back to the East Coast. We only met for a couple of days. And then we had reconnected on Facebook years later, after he had returned from Syria. I didn’t even recognize him at first. But I reached out to him because I wanted to learn more about his experience, I had already been studying some related Political Science type stuff and I wanted to try to get more insight into what his experience was like. He had also had some training that would be very valuable for all the different protests that were going on. So every once in a while, I’d kick down and send a donation here and there when I could to keep him going. And then eventually, we just decided to take a road trip.
I guess we connected online, maybe a couple of years ago, late 2018, early 2019. We had known each other for about a year just online, we traveled together. He had just been in Tallahassee for maybe five or six months when he was arrested. He had some roots in the community here. We were trying to make friends and network with local activist circles, and participate in the best way we could. Dan had gone through the Combat Lifesaver training with the army and had applied it during his time in Syria, so he was very valuable as a street medic. I’d just been traveling around painting on and off full-time for years, so we both would just fly signs sometimes and do a pop-up exhibition. I would live paint, we saved up to get a room. We were camping for a while. We got off the street and got a small apartment. We’re able to save up and put him through a BMR course. He knew all the material pretty much but he just needed the certification to be able to work in that field. So we were on the way to getting him reestablished here and then dudes kicked our door…
Jack: First they said they were the Postmates Delivery Service. The FBI knocked on the door and then said, “Postmates Delivery”. And then Dan was “We didn’t order Postmates” and shut the door. They kicked down the door, threw in a flashbang, and then said, “FBI”. Obviously, you have Dan and Eric sharing it separately, Dan had a very difficult time being able to communicate with anyone. But I think that the FBI wasn’t expecting the blind landlady who’s 80 years old and was in the room next door to corroborate the story. And so once that came out, she was in the room next door and heard them announce themselves as the Postmates delivery, and was able to independently verify that this happened. And they haven’t responded to that. They didn’t even deny it when it came up in the public hearing. The FBI agent went first and then said, “We announced ourselves and they resisted arrest”. And then Eric was up and he was “They didn’t announce themselves. They said they were the Postmates delivery service”. If you get a knock on the door, and it’s a delivery and you know you didn’t order something I don’t think anybody wants to answer that door. And I think everybody thinks they might think that they might be getting robbed.
Eric: As I said, we were trying to start a workout group, we had been traveling and I was trying to pick up some first aid stuff from him. He had also done some training in jujitsu, he had competed a decent amount, he had some gold medals, I think he’s about purple-belt level, he was upper-intermediate. And he was just helping me pick up some of the basics. We’re going to the Ashtanga Yoga primary series for the yoga teacher training. He had the first certification in that. He was working on building up his second certification. And I was going through getting my first. So we started inviting some other people out, and getting some more folks involved, because I would never be able to afford to learn all that stuff without somebody who’s giving that access. So I just really wanted to help him make that available to the community here. Jack was one of the first people who was coming regularly to the groups we were doing and I guess it was helping them move past some recent difficulties.
Jack: When I started training jujitsu and yoga, I have just gotten out of an abusive relationship. Training with Dan and Eric was actually a really healing practice for me. Dan and Eric created a safe space, which sometimes, as a non-binary person, can be really difficult, especially with cisgender white males, but they were both really, really, really compassionate and understanding. Dan and Eric are both really strong feminists. And I just really appreciated how comfortable they made me and how supportive they were while I was going through this process. So that was just really fundamental for me to move past this relationship and the pain that I had gone through. I feel like I owe Dan so much because he was just somebody who is very understanding,
TFSR: There are a few things that I’m noting, in addition to the descriptions of you both talking about how Dan’s been someone who works to create space, who works to build skills in order to share them, those sound like some pretty fundamental parts of who he is, as a person. People would join the military for a lot of different reasons, in part, maybe because they want to further a career, get out of a bad situation, maybe some more nefarious perspectives that people can have sometimes joined the military, but to train up to be effectively a combat medic, or a medic in what could be deadly situations, is a great skill set, and then going on to continue to apply that by volunteering, to participate in the struggle against ISIS is another show that someone is applying this life-saving tool. And the fact that Dan was bringing it back and bringing it into these dangerous protest situations that the far-right and the police create more and more so as time goes on in the US, seems to say a lot about Dan’s character.
Eric: Yeah, at least from what I understand, whenever people come back from Rojava, often they’re briefed at the airport. And a lot of times, they’re just discouraged from getting involved in politics or activism or anything like that. But Dan was very committed to his beliefs and to social justice. And he is one of those rare individuals who are willing to go to prison or put themselves in harm’s way for the sake of protecting others. And I think that’s a fundamental part of his character.
TFSR: And so you all were finding some stability at the time when this raid happened. I mean, being housing unstable is not, sadly, a unique situation these days, but especially during the pandemic is a very difficult time, that must have been very emotionally, impactful, and frightening to have somebody bust through the door and throw a flashbang and suddenly hear FBI with guns drawn out of nowhere. That’s a traumatic experience.
Eric: Yeah, it’s was the last way I was expecting this trip to turn out, although we had a feeling something like this could happen because we had also been previously stuffed by the FBI in Seattle during the time we were there. They had just rolled up to us in a parking lot after this one shooting had happened to question us about things that they had seen online. He just told them that he had already made his public commentary on Twitter. And that was basically all he had to say about it. So they let us continue on. As far as I know, they’ve been observing him for as long as I can remember, I think he got back in like 2018. He said they’ve been pretty much observing him and I’ve seen him post about being stopped a few times already. So it seems like he’s been under regular surveillance for a long time.
TFSR: And y’all were up in Seattle, where he was doing medic work around the autonomous zone period, right? There were a few shootings I know of that it seems to make sense that he would be around when there’s some violence showing up, running towards the trouble in order to mitigate the harm that’s been caused, to help save lives.
Eric: Yeah, I had been stranded out of state when COVID happened and quarantine started, I was homeless at the time, I was staying in a shelter, and I just ended up getting some seasonal work, and then got the stimulus. I sold some paintings also. I was able to get this car. And we had both been following the Unicorn Riot and talking about how we wish we could be there and support. And once we got the ability to do so it made sense to just take a trip.
TFSR: What were the reasons that the FBI immediately gave for the arrest, if they gave any? What has the federal prosecution sent to the US attorney or whoever it is that’s conducting prosecution? What arguments are they giving as to why they thought it was necessary to bust into the apartment and arrest him?
Eric: I’m not even really sure about the justification for breaking in. The justification they’re using for the entire case is just them seeing some Facebook posts and some flyer going around. Apparently, he was indicted on two separate charges. But his public defender is saying that they generally only rule as one charge, if even that, so hopefully, it won’t be as bad as a maximum sentence.
TFSR: So the posts that appear to be the main source of the FBI’s argument were related to after January 6, after the right-wing riot that occurred at the National Capitol in DC. The far-right was claiming that it was calling for people to have similar actions taking over space, damaging property, threatening people at state capitols around the country. Is it correct to say that the posts that you’re talking about are one saying “We as community members need to show up and resist the violence of the far-right and what violence they might bring into our communities while they’re doing that”? Was that the nature of the posts on social media?
Eric: Yeah, allegedly it was a reaction to the situation. It’s not like he was taking some initiative to instigate or harass anybody or anything, it was due to these pressing events and these threads coming up, which a lot of us had been expecting for a long time, at least on some level. We were anticipating that we might not see a very peaceful transition of power. And especially after what we had seen in DC, it was reasonable to assume that something similar could happen at the state capitol as well, especially that the FBI themselves were circulating warnings about what could happen.
TFSR: I think there’s a fundamental difference between somebody going to another place, going to DC, for instance, to protest or to counter-protest, as opposed to saying, “Hey, there’s a very strong danger that militia or some other group or proud boys or whatever are going to be coming to our hometown and bringing some of the same violence that you’re seeing in this other place”. Just to go back, if Daniel is the person who will run towards danger, because he has built the skills and because he’s courageous enough to put himself on the line in order to act as a line of defense as well as to help people who are in harm’s way, it seems a little illogical that the FBI is making a point of attempting to prosecute this individual who was trying to mitigate harm.
Eric: The instinct is you want to give them the benefit of the doubt, maybe it is just a mistake or something. But I guess by now, there are so many of these cases.
Jack: I don’t necessarily hold the FBI in the highest faith. But then even just the whole thing where they pretended they were the Postmates delivery. What is the rationale for that, what did they gain by pretending they were the Postmates delivery service? One of the criminal complaints against Dan was that he said he was getting funded by George Soros. That he had an Antifa card from George Soros. Then they use that to try to prove that he’s this international “terrorist”. During the public hearing, the public defender asked the FBI agent, “Do you know who George Soros is”? And the FBI agent said, “No”. I laughed really hard, because what the fuck? I was even told to not laugh. And then the public defender said, “Do you really think Dan was getting funded by George Soros”? And then the FBI agent said, “Well, since I don’t know who that is, I’m not sure”. Either he’s really stupid and doesn’t know who George Soros is, or he is really bad at his job and doesn’t know who George Soros is and isn’t aware of the QAnon conspiracy that right-wing extremists ascribe to, or he was lying and playing dumb. Either of these options is not good, for why he doesn’t know who George Soros is. It’s like saying I don’t know who Bill Gates is.
TFSR: Yeah, it’s been coming out more and more, especially in the last few years, but this year, in particular, with BlueLeaks, the amount of information that’s being pumped into the intelligence infrastructure of the US from these fusion centers, that pulls in a lot of conspiracy theories, whether it be about Antifa lighting fires in the Pacific Northwest, or just similar things to that, that the FBI agents didn’t even necessarily need to know who George Soros is, although it does say a lot about their disconnection from popular culture and conspiracy theories. But it’s not surprising if there was pumping in of far-right conspiracy thinking and disinformation to the local FBI chapter. And then they decided to act out of that.
As you say, there’s a history of the FBI attacking anti-racist movements, particularly focusing on Black and brown activists, but also disrupting and incarcerating tons of activists who act in solidarity against white supremacy and against anti-Blackness. This administration has made a point of – as I said, it was during the last administration anyway – but they had the whole statement about the events in Charlottesville on August 12, 2017. I think that, especially after they had conducted extrajudicial killings of anti-fascist activists, if they were going to be going after and arresting people on the far-right who had participated in January 6, they probably had to pick up some people who would have been “opposition” to show that they’re not some deep-state, leftist Campbell Soup, whatever conspiracy group.
Jack: Yeah, DemocracyNow! had a really good interview with Benjamin Crump. And then they were talking about the new information that’s come up with Malcolm X, and he was saying that they’re now calling Black Lives Matter protesters “Black Identity Extremists”. Have you heard about that new terminology that’s being thrown around for arresting Black Lives Matter protesters?
TFSR: Yeah, they’ve been introducing that more and more since the Ferguson uprising. It makes sense for this not to come up in that conversation that Benjamin Crump was engaging, but they’ve also been using the term “anti-government extremists” to be able to lump in anarchist, anti-fascists & Black Liberation activists alongside white nationalists and Nazis. As opposed to focusing on white supremacists, they say, “Oh, well, the problem is not about the specific ideology. It’s about extremism, that’s extra-parliamentary where they’re going to go and do actions in the streets or attack people or whatever. We’re in a ‘post-racial society’. So we can say that, well, these people are extremists about whiteness. And these people are extremists about Blackness” as opposed to the centrist ideology that the US government is supposed to uphold. So yeah, Black identity extremists are being put on members of the Huey P. Newton Gun Club or the Not Fucking Around Crew or the Black Women’s Defense League as armed groups for Black liberation. I disagree with the politics at least one of them does, but they have some sketchy views in terms of antisemitism, but this flattening of any opposition as being a threat to the Democrat and Republican parties basically. Sorry, that was ranty. I didn’t mean.
Jack: No, no, no.
Eric: If they can just pile up a whole bunch of Facebook posts and make the case out of that, that’s bad news for everybody.
TFSR: Yeah, absolutely.
Jack: Some of the things in the FBI complaint literally made no sense. In the criminal complaint, they had that Dan had posted YouTube videos showing basic first aid. And we were just “Why is this in the criminal complaint?”. This is not illegal, this is not harmful. This is literally Dan trying to educate people on how to help each other, how to literally heal each other. That was bizarre. There were other things too, in the public hearing, they were trying to “prove” that Dan was a flight risk. And they pulled up Eric’s Facebook and found a status where he said, “Things aren’t looking great in the country, really want to get the fuck out”. And that was back in August. And then they were “They have plans”. And then our public defender was like “When Reagan was president, I said I wanted to get out of this country”. To pull up a post from four months ago, and then have somebody that says, “I want to GTFO [get the fuck out] from this country” and then say, “That’s proof of plans of a flight risk” is just… The number of people who said they wanted to go to Canada, now they’re all flight risks. It’s really grasping at straws at that point.
TFSR: I was gonna try to make some joke about how far of a stretch that was in yoga, but I couldn’t.
Jack: It was so appreciated either way. There’s so much about it. We’re aware that Dan is a white male. So he is somebody who wants to defend Black lives. And he essentially wants to use his privilege to defend Black lives. He’s the type of person to run towards the sound of gunshots, he is the type of person who wants to use his white privilege to protect Black and brown lives from white supremacists. I want to say that just because we’ve been drawing a lot of parallels between the Black Panther movement, Huey P. Newton and a lot of the examples that we’ve been giving describe the FBI involvement has been with Black leaders, Black civil rights leaders. Obviously, Dan is not Black, and it’s still very nuanced and different. But I think that the criminalization of leftist ideology, in general, is still a common thread for all of these movements.
Eric: One of the things that terrify them the most is these types of Rainbow-Coalition- style initiatives that grasp the attention of people from a vast spectrum of backgrounds.
TFSR: Currently, Dan Baker is sitting in a federal prison in Tallahassee. Have you been in contact with him? How are his conditions? How are his spirits?
Eric: I got a couple of phone calls. I got a call the last couple of weeks. And then maybe two-three days ago, I just got another whole bunch of letters that I think had been delayed in transit. It was probably over a dozen letters, some of them are things that he wanted to share about his condition in there and the way he’s holding up.
Jack: Actually, I stepped out to check the mail really fast while you guys were talking, but I realized that I had bought Dan a bunch of greeting cards to give him some color in his cell. And then I see that effective August 15, all incoming general correspondence envelopes, including greeting cards must be white in color only. So now I’m realizing that none of my letters have actually gotten to him. It’s been very difficult to actually communicate with him. He wasn’t able to make a phone call for weeks. And when his lawyers asked the warden about it, the warden said, “Talk to the prosecution”. When they talk to the prosecutors about it, they’re “You got to talk to the warden”. So they were giving the public defenders the runaround. We didn’t hear from Dan for several weeks, it was very stressful. And then the color of the envelope… They scan all of the letters in the first place and then send them copies of scanned letters. So I have no idea why the envelope would matter at all. Because they don’t even send them the envelope in the first place.
Eric: There are a couple of complaints that he sends. They’re inmate requests to staff, he’s just trying to get access to his funds and being able to communicate with everybody. Basically, he’s just trying to request information on how we can access those things and it took him a long time, maybe another few days at least, before he even figured out how to be able to access the funds that he had available. He was trying to get phone calls, he couldn’t even really get phone calls with his lawyers. A lot of times, they had him on a three-man hold. I think it’s the FDOE regulation. They’ll have three people hold them on a chain with a lieutenant there. Every time he has a phone call, or every time he meets with his attorneys…
Jack: He hasn’t been able to have a private conversation with his attorneys. He’s been in the detention center for a month and a half. And he hasn’t had been able to have one private conversation.
TFSR: Because there’s always simultaneously these other prisoners that are being…
Jack: There are these three armed guards with him at all times. And they’re trying to present him as if he’s this evil criminal.
Eric: “Antifa super-soldier”.
Jack: Yeah, antifa super-soldier, evil criminal mastermind. As Eric said, he’s won six gold medals. But that’s training within his level and his division, he’s a purple belt training against other purple belts in his weight class, not somebody who’s a Black belt training against all these other Black belts. He is very skilled, don’t get me wrong, but he’s not a ninja.
TFSR: Are they afraid he’s gonna attack his lawyer? They put him into a room with his lawyer, what’s the possible danger except for extracting him from the room afterwards?
And a quick content warning, the next section has a reference to sexual assault. So if you’re concerned, I would skip ahead about two minutes.
Jack: I think they just really don’t want him to be able to have a private conversation with his lawyer. There have been so many sketchy things about this whole thing. The fact that he wasn’t able to make a phone call mysteriously.
Eric: Yeah, we had been trying to make phone calls for two weeks or so before anyone was able to get through and even got in contact with his counselor. And he just hung up on us, we had to pay subscriptions even just to register a phone number in the system. Even then, I think they initially put him in solitary. They were saying it was for a quarantine measure, 14 days of solitary confinement. But then others were saying it was because they thought he was gonna start an uprising or something. Also, I think after he had spent some time in there, he was saying it would be preferable to go out into the general population because he was just a concern for his own safety.
Jack: One of the things that he wrote in his letter is that somebody was raped with a broomstick handle. When you think about the conditions of jail/prison or anything, it’s a place that breeds hostility environment, and the guards encourage it. That was in one of his recent letters is there is a person who is struggling with some mental issue, and the guards are saying that he’s faking it and encouraging the other prisoners to bully him and antagonize him and hurt him. Dan is not sure what to make of it, except that he realizes that somebody is being bullied and intimidated and harassed. And the guards are encouraging this behavior amongst the inmates.
Eric: I just got a couple of these letters from him over the last couple of days, the most recent ones were marked “urgent”, he was concerned because he was rotating his cell. And apparently, when he got into the new cell, it was covered in feces, and there’s blood in the sink and someone used the toothbrush in there or something. He wasn’t sure if somebody was going after him or trying to intimidate him, or what the situation was, but it was extremely unsanitary. He’s not given access to even antibacterial soap or anything like that. Apparently, it was another inmate who is suffering from some mental illness and he’s done this also in other cells. So it doesn’t seem like anyone is targeting him specifically. I think he has gotten threats from other people that he’s mentioned, but I was just discussing this with his attorney the other day, and some of these things are probably pretty common in a lot of these institutions. It’s hard to even tell exactly what action to take short of abolishing them.
TFSR: Can you tell me about the support crew a little bit like how you mentioned like you two are some of the most active people in it? What infrastructure have you been building or how’s it been trying to talk about the case? There’s been a few pretty good articles that I’ve seen online and Jack, you mentioned writing a bunch of op-eds. How’s that work going?
Jack: I think the way that it started is some of our Black community activists, Black leaders, actually reached out to us about trying to support Dan. And they recognized what Dan was trying to do and appreciated that he was trying to fight against white supremacy. Then we grew it to include some more of the different prison solidarity groups across the state, across the nation, actually. We have some people from Philadelphia, New York, Indiana, and then we also have people who are with the Rojava Solidarity Network, they just all reached out. And we were really grateful to have this solidarity. We just talk about different news articles that come out. I appreciate everyone’s perspective, like I said, it’s been really helpful to have Black activists give feedback because this is something we want to be very mindful of.
Eric: So it’s been important, this whole trip to defer to Black leadership.
Jack: Yeah, Black leadership and local leadership, especially since we’re talking about protecting Black and brown lives, we wanted the perspective of Black and brown leaders in the community.
TFSR: I know that during a past interview with Coffee with Comrades, Eric, you talked about using your existing artwork as a platform to talk about Daniel’s case. Is that still ongoing?
Eric: Yeah. Basically, Dan and I had started that project. We would live paint in public spaces. We started a page called the Guerilla Gallery. It’s a common thing that a lot of artists do, a pop-up exhibition. I revived that page because I hadn’t really had it running before. So I decided to dedicate it as an info hub for his case and to use it for future prison solidarity projects. Anyone is welcome to check that out if you want to keep up with it. It’s on Instagram, Guerilla Gallery TLH, it is in Tallahassee. So I’ve been tried to post the relevant addresses mailing addresses, and some of the guidelines for sending mail, any relevant articles, I’ll probably post this article. And then once it comes up, and it’s just like a place where I can, at least until we get a website going, we’ve just been using that. We do have a website in the works. But we got shut down by GoFundMe pretty early on. So we’ve been working with some other groups set up like an independent fundraiser. So hopefully that’ll be online shortly at that one hearing scheduled for I think it was last Monday, it was supposed to be a state case, a hearing for an arraignment for whether he gets to keep his firearms. But instead, they took him before a grand jury and tried him with I think it was just the prosecutor there. And so they ended up getting him with two charges, instead of just the original one, even though the public defender doesn’t think it’ll stick, but his state case is still coming up as to whether he gets to keep his firearms. So I was just able to hire a lawyer just the other day to assist with that case and represent him because I feel like that’s important if they’re also trying to take firearms away from people that they’re harassing in this way.
TFSR: Yeah, particularly people that haven’t been convicted of a crime. One thing about Florida is that Florida is the cousin to the rest of the US South where they give you guns or shove them into your hand when you’re an infant. That’s not fair and not true. But it’s just difficult to consider the idea that the state of Florida is looking to deny someone the right to bear arms when they have “served the country”, and also when they haven’t been charged with actually conducting any violent criminal act, let alone when conducting of criminal acts in which a gun is a part of that.
Jack: The whole thing is bizarre. Exactly like what you’re saying that he hasn’t actually been convicted of anything and they’re already trying to make this decision.
Eric: If we can do some art exhibition pretty soon to draw attention to this, it’ll also show up some of the systemic issues of how these types of laws can be used to take away people’s voting rights, their ability to protect themselves. And there’s just like so much wrapped up in it.
Jack: Also the absurdity of having social media posts be criminalized that were obviously jokes. Another one of the things of the criminal complaint was that Dan had pictures or posts about eating the rich, and these are fucking memes, this is absurd that they’re including “eat the rich” memes as part of a case against him to say that he’s a threat to society.
TFSR: I’m just looking at the statement, the press release from the Northern District of Florida US Attorney’s office right now. It is saying two counts of transmitting a communication in interstate commerce containing a threat to kidnap or injure. So this is one of those instances again, also not only is that, but they’re out of context social media posts, that it’s not even actionable if it doesn’t post some recipe about how to prepare the rich for consumption. But they tack on the interstate commerce because it’s being done over the internet, even though this is about stopping a far-right incursion or attempt to putsch against the government in the town that you live in. The fact that there are communications about how we need to resist violent actors coming in and causing violence upon ourselves and further reducing whatever “democratic government” there is in the world. They’re saying that it’s now a federal charge because it’s over the internet. It’s so ridiculous. Some pretty decent coverage, there was an article on Jacobin that came out in January…
Jack: I think the Jacobin article by Branko Marcetic is probably my favorite of the articles that have come out so far. I encourage everyone who’s listening to read that one specifically. Because I feel like that really captures the absurdity of the case.
TFSR: And I was surprised too, there’s also a pretty decent article “Coming from Prison”, which is a libertarian…
Eric: Yeah, I saw that too. I was about to post that one up the other day.
Jack: Okay, I actually haven’t seen that one yet.
Eric: I was surprised about that, too, to be honest.
TFSR: It’s making some pretty cogent arguments in a legalistic framework of the government attempting to suppress the right to bear arms based on the political speech of an individual. And it probably doesn’t hurt that again, he’s a white dude.
Jack: I’ll definitely have to read on that one.
Eric: It’s easier for the prosecution to go after Dan Baker than it is for them to prosecute Donald Trump.
TFSR: So another coverage’s come up and hopefully there’ll be more, but this situation reminds me of the case of Loren Reed, he’s Diné man in Arizona facing 10 years in federal prison for joking comments in a private Facebook chat during the uprising. Does there seem to be a trend in this application of speech on social media platforms like Facebook being taken out of context and used to criminalize people on the left? I don’t know if any other cases remind you of this thing or if you have other thoughts on that?
Jack: I mean, I would say, absolutely, there is this pattern of taking jokes, taking private messages, I think in the case of Lauren Reed, they’re really trying to slam this arson charge, which, for what I remember reading in the Al Jazeera article about it, it was born out of the Civil Rights Movement as a way of penalizing civil rights activists and these federal charges are almost exclusively used to punish civil rights activists, but I definitely see that there is this pattern. I can’t think of any other cases right now.
Eric: They have these laws ready await, they will pass them under the pretense of preparing to protect against right-wing violence. And then once the public focus dwindles, they’ll use it against leftists as soon as they get an opportunity. There were some other examples listed in that Al Jazeera article, there was Evan Ellis. I think he was a BLM organizer in Evansville, who got a two years probation and psychiatric evaluation and got three counts of felony intimidation for posting a little clip on Facebook of him making a gun gesture.
Jack: Oh, wow.
Eric: He was talking about allegedly some officials or something like that, I don’t know, some policies that he didn’t like. There was a Samuel Amara also. He was charged allegedly for threatening a racist counter-protester. He could get up to five years. Those are felony arson laws that were invoked against Standing Rock protesters that Jack was referring to. There’s also a recent case here in Tallahassee, do where Baker County is? I think it’s somewhat close by to Tallahassee, but there’s another local activist named Kevin Connor, who was arrested recently. They’re trying to present it as if he was acting inappropriately with minors or something like that. He was just an organizer who was helping students, he was invited to speak to them about how they could organize in their schools and their campuses.
Jack: Even just as far as a local example is in Tallahassee, 19 people were arrested for protesting on the sidewalk. And they tried to slam some of them with felony charges. One still has felony charges, which haven’t been dropped. In Tallahassee, we had a man driving a truck through the crowd, no charges were pressed against him because he said he feared for his life. And we had a guy who actually pulled out a gun and pointed it at protesters. And he also had no charges because he said he feared for his life. So this is a counter-protester, just some white dude. But you just have a rainbow coalition of Black and brown and white activists fighting for Black Lives Matter protesting on a sidewalk and a 19-year old get arrested.
It’s just the laws are not equally distributed at all. In Florida, there’s this anti-protest bill. And they’re saying that it’s going to be DeSantis, the governor introduced it during the Black Lives Matter demonstrations, it got a lot of backlash. And then he reintroduced it after the events that unfolded at the Capitol on January 6. And he’s saying that as to fight extremism. But the way that some of the speakers at the most recent protests explained it is there are already laws against rioting, there’s already laws against looting. And what these anti-protest laws, these felony charges do is make it more expensive, and keep making the sentences longer for anybody who breaks those laws. And then they are unequally distributed and used primarily against left-wing activists, but most recently, they’re coming out of this idea that it’s to stop right-wing extremists.
Eric: Recently, some courts have ruled that portions of the Federal Riot Act are unconstitutional. So even people who encourage or promote riots are legally free speech currently.
TFSR: I didn’t know about that. I’m looking forward to reading up on that after this. These are really good examples that you’re bringing up that I don’t know about. So I’m gonna do a little research and link some articles.
Jack: It’s also called the Anti-Protest Bill, if you look up Florida anti-protest bill, but the thing is 26 states have introduced bills like this since what happened on January 6, and what’s being introduced in Florida isn’t even the worst one, there are some that are actually trying to make it so that it is a 30-year prison time felony charge for organizing a protest. And then the way that DeSantis bill is defining a protest is a group of nine or more people blocking traffic at an intersection, which would include every demonstration that the Black Lives Matter protest had. And it also tries to make it so that there is no option for bail for people who are arrested for these protests, charges that try to make them felonies, which, in addition to stripping people of the right to vote, also makes that they can’t work state or federal jobs. The way that felony charges are used against people in Florida is just really disastrous. Many bills like this have sprung up in over half the country as a result of what happened on January 6, but they’re going to be disproportionately used against leftist activists versus the right-wing extremists that they’re claimed to have started from. Oh, actually, Eric just pulled up a good infographic.
Eric: Also the bill protects anyone who does bodily harm to protesters. So they’re already willing to make allowances to protect property. But if anyone tries to protect another person, that’s terrorism. Really, what he was doing is counter-terrorism. But If they admit that, then they’ll have to admit that Trump is a terrorist. And he appointed that. But also damaging a statue can be punishable for up to 15 years. And it also allows the state to override any municipality that wants to decrease police budgets.
Jack: Yeah. So the way that they have it is if a municipality votes to decrease their own police budget, it has to be approved by DeSantis, in order to defund the police, which when you think about it, there’s this whole argument about states rights and civil rights and local rights, and then suddenly, no, just kidding, we have a dictatorship where we have one person that gets to decide this decision for everybody. If there is a protest, and if damage happens, the state of Florida can sue the municipality for not adequately supplying their police officers. So if anything is damaged, they can say that the city needs to increase its police force. It’s a very problematic bill. And it’s not even the worst one that’s out there.
TFSR: If January 20 popped off the way that it was threatened to, for instance, and if this had passed, then police standing by and letting right-wingers go and do whatever they were going to do could be a reason for the police to just get more funding.
Eric: And in a sense, the real coup is just them seizing control of or trying to ram through all this anti-protest legislation. And ramping up all these surveillance programs.
TFSR: It’s not really a coup if they’re already in control, though, right?
Jack: Yeah. I wish I could find more specific info about that last bit that I was saying, I’ll have to look it up later.
Eric: Well, there’s also the federal level measures that are also being passed by Biden and Pelosi, as far as I know.
Jack: Patriot Act Two.
TFSR: Yeah. Aren’t we on number three by now? Yeah, definitely. All the security state discussion is in discourses, at least a lot of people are recognizing it for what it is that it’s just using whatever political capital they were able to… I’m sure that some individuals and employees were quite frightened on the 6th when the windows were getting smashed and people were coming in and fighting the cops and everything. And that sucks for cleaners or employees or whoever was working up there. But the fact that January 6 has been framed as another September 11. It is just so ridiculous, par for the course.
Eric: It doesn’t address the fact that the only reason they’re able to get in there is because all the cops and military were complicit and politicians.
TFSR: As far as supporting Daniel, how can people find out more about the case? How can they support the work that the crew is doing? How can they support him personally?
Eric: So far, it seems like his attorneys are doing a good job, they’re really well-known here in the community. I think they’ve also worked with other activists, so we lucked out in that regard. We’re focusing right now on letter-writing as much as possible. All of his information is on the @GuerillaGalleryTLH Instagram.
Jack: I also want to emphasize, as far as letter-writing is that the paper must be white in color, envelopes must be white in color. And they can only use blue or Black ink, it makes no sense because like I said, they scan the letters anyway.
Eric: There are screenshots of the guidelines and on there as well. And some links to the website with more information.
TFSR: Well, Eric and Jack, thank you so much for this conversation. Get at me with some of those links and I’ll definitely include them in the show notes about related cases. That’s a lot to think about and I really appreciate the research that y’all are doing. And the support work that you’re doing for Daniel, it’s super important even beyond him as your friend, as you said, these tools that are being turned on him are ones that are often turned on other people and are in danger of being used against all of us.
Eric: He’s so upset about his situation right now. He said he’s about to start a vow of silence, except for his allies. So I still have to find out if he’s following through with that, but it’s really crucial that he gets letters and that he just feels supported and that people are following his case and watching his case so at least that he’ll be less likely to suffer some abuse or something while he’s in there, at least they can be held to account for already what he’s been experiencing in there.
TFSR: To reiterate, as has been said, a lot of times on this show and in other discussions around supporting prisoners, sending letters to a prisoner is not just a kind act or a way of making a friend, but it literally is a measure in prisons of how much support or how many people are paying attention on the outside. And it literally means that not only Daniel, but the people that are around Daniel, for guards or administration to fuck with them, they have to know at that point, that all these people are, who are on the outside are going to have concerned about this, is it worth me messing with this guy, or the people around him if these many people are going to make a ruckus on the outside?
Eric: That’s what I’m really trying to focus on right now is creating some situation for him to be able to reenter, potentially even maybe in a better situation than he started. And just now that people have a better idea of who he is and what he stands for I hope that more people in the community will come together. And I’m trying to get him set up maybe with some platform to continue his yoga and jujitsu training and groups, and I’m hoping, you can hit the ground running when he gets out. And we can hopefully leverage this network to create some opportunities for him as well.
TFSR: Is there anything that I didn’t ask about that you want to mention?
Eric: Coming to that place is serious, it’s a class war against all of us, we’re all potentially at risk here. So, I feel like everyone needs to show solidarity in their different communities to connect where they can and then to unify whatever groups are able to get together because that’s the only way that anyone will be able to protect themselves or each other.