Brandon Darby
Encyclopedia
Brandon Darby was an informant for the FBI and previously a co-founder of Common Ground Relief, a non-profit relief organization that provided supplies and assistance to New Orleanians in the aftermath of Hurricane Katrina
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...

. He was Director of Operations
Director of Operations
Director of Operations can refer to any of the below.* Chief operating officer in business* Director of Operations The Director of Operations can also be referred to as the "Operations Director". The role can have a wide range of responsibilities within an organization...

 for the organization from January to April 2007.

Darby's role as a community organizer and, at times, a humanitarian relief activist, has been the subject of numerous print, radio and television reports, as well as having been profiled in several documentary films, some which have been critical of his actions.

Brandon Darby is better known for his role in infiltrating a small group of 2008 Republican National Convention
2008 Republican National Convention
The United States 2008 Republican National Convention took place at the Xcel Energy Center in Saint Paul, Minnesota, from September 1, through September 4, 2008...

  protesters while working as an FBI informant and subsequently taking the stand against them in court. The two activists out of a group of eight who actually served or are serving jail time are David McKay
David McKay (activist)
David McKay is an activist and artist known for his attempted protest of the 2008 Republican National Convention and subsequent betrayal by noted FBI informant Brandon Darby.David McKay was born in Midland, Texas in 1986...

 and Bradley Crowder.

Role in infiltrating protest groups at the 2008 RNC, and consequences

Darby started working as an FBI informant
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...

 in November 2007, which Darby acknowledged and justified in a December 2008 open letter to his former fellow community organizers and activists.

Darby infiltrated groups that organized protests at the 2008 Republican National Convention
2008 Republican National Convention
The United States 2008 Republican National Convention took place at the Xcel Energy Center in Saint Paul, Minnesota, from September 1, through September 4, 2008...

 in Saint Paul, Minnesota
Saint Paul, Minnesota
Saint Paul is the capital and second-most populous city of the U.S. state of Minnesota. The city lies mostly on the east bank of the Mississippi River in the area surrounding its point of confluence with the Minnesota River, and adjoins Minneapolis, the state's largest city...

, giving the FBI information which led to the seizure of 34 homemade riot shields brought from Texas.
Two activists from Texas, David McKay and Bradley Crowder, then purchased materials for and constructed firebombs (Molotov cocktails) that they appear to have contemplated using on state owned vehicles; cocktail-making evidence was seized in a raid by local police supported by the FBI, and so the key issue of further criminality by McKay and Crowder was whether FBI informant Darby encouraged this escalation in violence (given his documented history of militant activism, and McKay and Crowder's general inexperience with social action and activism; see trial results below. Specific claims by others in attendance at the protest (e.g., Ms. Gabby Hicks) state clearly that FBI informant Darby was "...the one to suggest violence, when the rest of us clearly disagreed..." and that "[a]s an older seasoned activist, Darby had a lot of sway over Crowder and McKay, making them susceptible to his often militant rhetoric" i.e. that he acted as an agent provocateur. As well, a former Darby girlfriend and various former colleagues attribute self-serving rather than altruistic or patriotic motivations to Darby's decision to act as an FBI informant.

Neither Crowder nor McKay would agree to testify against the other; Crowder ultimately accepted a plea agreement without trial resulting in 24 months in prison and three years of supervised release.
McKay took his case to trial, claiming entrapment
Entrapment
In criminal law, entrapment is conduct by a law enforcement agent inducing a person to commit an offense that the person would otherwise have been unlikely to commit. In many jurisdictions, entrapment is a possible defense against criminal liability...

 by government informant Darby. The trial ended with a hung jury, in a vote of 6-6. Jury interviews indicated that considerable jury discussion centered around the veracity of witnesses McKay and Darby (the former claiming entrapment, the latter denying), with the significant proportion voting to acquit arising because of how Darby's representation of events was perceived.

Shortly before the retrial date, defendant McKay accepted a 24 month plea arrangement for the charges against him, and in doing so formally retracted his claim that Darby entrapped him; however, further documentary evidence suggests that both McKay and Crowder remain firm in their initial account of events, but that McKay's decision to take the plea deal was motivated by the awareness that 90% of federal cases
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

 result in convictions, and that a conviction could result in a sentence of tens of years.

Following the plea arrangement, McKay was sentenced to 48 months in prison and three years of supervised release, with a reason given for the longer than agreed sentence being the obstruction of justice assigned to McKay's initial claim that government informant Darby had entrapped him.

Darby has indicated his decisions in his service as an informant against Crowder and McKay have led him to have some sleepless nights. In left-wing activist communities, Darby is widely despised for his role in McKay's conviction. He has been welcomed by conservative organizations as a patriot.

On November 12, 2011, Darby spoke alongside controversial Arizona Sheriff Joe Arpaio at the "Choose Liberty 2012" conference in Florida, sponsored by the Eastern Orlando Tea Party.

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