Most people have positive connotations of legal observers-- you get arrested and they record your name and information to help track you through the bureaucracy of the legal system, or they act as witnesses on behalf of protesters in trials or lawsuits against police. When one thinks of legal collectives, most often activist groups come to mind--Coldsnap Legal, Midnight Special, People's Law Collective—or the National Lawyer's Guild, which often collaborates with the grassroots groups to do legal observation and mass defense during protests. The ACLU, on the other hand, has never played a large role in legal organizing or observing during major mobilizations or protests, but this is apparently about to change. According to ACLU documents that have been obtained, they are looking to expand their legal observer program and will be the main group doing legal observation at the G20 protests in Pittsburgh. This is, in itself, not the problem. The problem becomes readily apparent when reading the language and substance in the legal observation program they are planning to employ. Here are the most telling parts found in their document, ACLU – PA LEGAL OBSERVING PROGRAM OVERVIEW: "What is a Legal Observer? A legal observer’s job is to be a neutral observer and to document, as thoroughly as possible, any incidents, arrests, or official misconduct during a protest. Legal observers normally work in teams."

"You must be willing to be outside for a couple of hours at a time, pay careful attention to events, and carefully document occurrences in detail."

"You must also be willing to testify as a witness should the activities you observe lead to legal proceedings. A main purpose of having legal observers is to create credible, impartial witnesses in the event an incident becomes the subject of a legal proceeding."

"Again your job is to document, as thoroughly as possible, any incidents, arrests, or misconduct (by police or protesters) that take place. Document everything the police and protesters do as thoroughly as possible. The ACLU of Pennsylvania considers any notes, photos, or videos taken at protests to be confidential and privileged. Inform the police of this if they attempt to seize your notes or camera. If a policeman takes your property, write down the officer’s badge number and contact your coordinator."

"Stay vigilant at all times. Look for signs of potential trouble such as protesters wearing masks, policeman wearing atypical uniforms or covering their badges, or the presence of other state/federal agents (such as the FBI or immigration authorities). Be watchful for counter-demonstrators who may instigate violence. If such an incident occurs, be sure to record it with as much detail as possible."

"When an incident occurs, be sure to document everything. If possible, take photos of each incident, and jot down notes as the incident is occurring. Note how the incident started. Who did or said what? Try to identify the individuals involved. Note who else is watching the incident and whether anyone intervenes or interferes. After the incident, try to collect the names of a few other individuals who witnessed it-onlookers if possible, but demonstrators if not."

"In particular, document what the police do: Do the police offer a warning? An alternative to being arrested? Do they quote the law? If so, what exactly do they say the law is? If it is an incident between demonstrators, do they attempt to break it up? Do they only arrest one side? Also, record what the protesters are doing immediately before and during an arrest, i.e. calmly sitting down, chanting, or throwing things, etc. Do they resist arrest?"

"If people are arrested, try to get their names, the arresting authority (and names of the arresting officers if possible), and find out where they are being taken. Report this information to the legal observer coordinator as soon as possible."

---

The ACLU is not on the side of anarchists, radicals, and protesters. The ACLU is aiming towards “impartiality” and will record in notes made by their “neutral” observers the identities of individuals involved in “misconduct (by police or protesters),” witnesses to any incident (ideally not a demonstrator), responses by protesters (such as “resisting arrest” or “throwing things”) as well as any photographs or video of any altercation. The document makes clear that an ACLU legal observer must be willing to testify (on whose side?) at any trial or legal proceeding based on an event s/he observed, and after pages devoted to how to collect information on any protest incident, it contains precisely one bullet point devoted to collecting arrestees' names (although, it begs the question if it makes sense to give your name to an ACLU legal observer-- so they can then add it to their “impartial notes” and possibly identify you later?)

The ACLU's emphasis on “impartiality” means that they will be collecting incriminating information on anyone engaging in protest. At the G20, this means they will be photographing, videotaping, and writing reports on primarily anarchist actions-- and although they consider this information “confidential” insofar as the police confiscating it outright, they also require an observer to testify at legal proceedings (for either side) and nothing in their language suggests that they would resist a subpoena by law enforcement looking for evidence.

If you are going to the G20, remember that although the ACLU has A-grade leftist brand recognition, they are not there to help you-- in fact, as liberals, they are hoping that the presence of legal observers will have “a calming influence on the situation, as some police and protesters are reluctant to be observed engaging in disruption.” If you are one of those people “wearing masks” that the ACLU wants their legal observers to remain “vigilant” for, than you can be sure they are recording every thing you are doing*.

*Yet another reason to wear masks and to hate liberals.