Comedian, lawmaker in Denver spy files

DENVER -- A former senator, a nationally known comedian, several high-profile Native American activists and anti-violence groups are among those who might have been swept up in inappropriate police intelligence gathering, the American Civil Liberties Union said.

The ACLU has submitted a list of 456 individuals and 70 groups to the Denver City Attorney's Office, seeking confirmation that the names are included in police department files that were illegally collected.

The list includes former South Dakota Sen. James Abourezk, who once headed the Senate Committee on Indian Affairs; entertainer George Carlin; Wilma Mankiller, who was awarded the Medal of Freedom, the nation's highest civilian honor, in 1998 for her work as the principal chief of the Cherokee Nation of Oklahoma; and historian Vine Deloria, who wrote, "Custer Died for Your Sins."

Carlin, Mankiller and Deloria once served on the board of directors of the now-defunct Anti-Defamation League of American Indians, one of the organizations on the ACLU's list.

Other groups included the Iliff School of Theology, the Million Moms March, the anti-gun Bell Campaign, the Prisoner's Rights Project and the Colorado Coalition Against the Death Penalty.

"I have very strong feelings about this. It's outrageous," said Abourezk, who was first made aware of his possible connection to the files Friday. "The one thing we want to prevent in America is the creation of a police state where they've got dossiers on people who dissent. . . . George Bush wants to go to war with Iraq for this (type of activity). We may have to invade the Denver Police Department."

The ACLU's request is part of ongoing litigation stemming from the spy file controversy, which started earlier this year when activists learned that Denver police were gathering information on peaceful protesters and political activists.

The mayor ordered an end to the practice, saying it amounted to a civil rights violation, and appointed a panel to determine which files should not have been kept.

Those files, more than 3,000 in all, are being made available to individuals listed in them.

A second batch of files was recently discovered at the police department.

The city is working on making those available for review.

The ACLU's list was made public this week when the city attached the names to a motion filed in federal court.

The motion argues that the plaintiffs' lawyers have asked the city too many "burdensome" questions about the names on the list and asks a federal judge to rule that the city need not answer them.

ACLU legal director Mark Silverstein said he could not comment on why his organization believes the individuals might be included in the spy files.

The city has turned over information from its database to the ACLU as part of discovery in the lawsuit, but a judge has prohibited either side from discussing the details.

The city attorney's office did not return phone calls seeking comment.