Feds win right to war protesters' records

[OneBlueSky]

By RYAN J. FOLEY, Associated Press
Saturday, February 7, 2004

DES MOINES, Iowa -- In what may be the first subpoena of its kind in decades, a federal judge has ordered a university to turn over records about a gathering of anti-war activists.

In addition to the subpoena of Drake University, subpoenas were served this past week on four of the activists who attended a Nov. 15 forum at the school, ordering them to appear before a grand jury Tuesday, the protesters said.

Federal prosecutors refuse to comment on the subpoenas.

In addition to records about who attended the forum, the subpoena orders the university to divulge all records relating to the local chapter of the National Lawyers Guild, a New York-based legal activist organization that sponsored the forum.

- more . . .

http://www.timesunion.com/AspStories/story.asp?storyID=216707&category=&BCCode=&newsdate=2/7/2004

[Lone_Wolf_Moderate]

1. I read the headline,

and a cold chill went down my spine. I didn't want to have a knee-jerk reaction without hearing the whole story, so I read the article. From what I see, it's what it looks like, and as I feared. We've got a BIG problem here, folks. I doubt this story will be covered as the scandal this it is in the press, but we've got a problem. Any thoughts?

[starroute]

11. Grand juries are custom-made for witch-hunts

They were used to hound eco-activists back in the 80's and 90's. If I remember the accounts of the time correctly, they can go on fishing expeditions, subpoena anyone they feel like, and send people to prison if they refuse to testify. Think "Spanish Inquisition" and you won't be too far off.

I'm having the same cold chill you are, lib4life. Except for movement solidarity, I don't know of any really good way to deal with the threat.

[starroute]

17. Here are some resources on dealing with grand juries

http://bcn.boulder.co.us/environment/vail/OCR.htm
http://bcn.boulder.co.us/environment/vail/ifanagentknocks.html

After being granted immunity and ordered to testify by a judge, grand jury witnesses who persist in refusing to testify can be held in "civil contempt." Such contempt is not a crime, but it results in the witness being jailed for up to 18 months, or the duration of the grand jury, whichever is less. The purpose of the incarceration is to coerce the recalcitrant witness to testify. In most political cases, testifying before a grand jury means giving up basic political principles, and so the intended coercion has no effect -- witnesses continue to refuse to testify.

Witnesses who, upon the request of a grand jury, refuse to provide "physical exemplars" (samples of handwriting, hair, appearance in a lineup, or documents) may also be jailed for civil contempt, without having been granted immunity.

The charge of "criminal contempt" is also available to the government as a weapon against uncooperative grand jury witnesses. For "criminal contempt" there is no maximum penalty -- the sentence depends entirely on what the judge thinks is appropriate. Charges of criminal contempt are still rare. They have been used, however, against Puerto Rican independentistas, especially those who have already served periods of incarceration for civil contempt.

[stromboli]

2. amazing

I can't believe that this Gestapo bullshit is happening and people are still so completely apathetic!

[Badger1]

3. Protest @ Federal Courthouse

A protest has been scheduled for Tuesday @ 12:00 noon this Tuesday at the Des Moines Federal Courthouse. But sorry to say, nobody here seems to be interested in it. Have been posting for two days but they are more interested in posting and bitching than action! Fuck em.

[stromboli]

4. unbelievable

how long will it be before they start hauling people away for posting messages here, for saying anything anti-war, for not having an american flag hanging from the front porch and the car antenna, for daring to question the leadership? it hasn't been THAT long since 1945, you'd THINK people could follow things through and act before it goes any further. I wonder if Bush is going to pull out the "war card" come november and suspend elections in the name ofnational security?

[AliceWonderland]

5. The point is, that won't happen

You know why? Because the vast majority of people don't give a damn. To them, consumer choice is more important than civic freedom/duty. If people cared, there would be an UPROAR over this stuff, but there isn't a whisper. Do you think the protest will be fairly covered by the press? Do you think it will overrun Des Moines? I think not. When the PATRIOT Act was passed, we should have taken to the streets. We didn't. We won't. We'll go along with pretty much anything that can be well-marketed on Meet The Press, as long as we can go to the mall afterwards.

Gah, I'm feeling so cynical tonight. Even more so than usual.

[Gaffer]

6. I don't get it

why do they need university records?
Isn't your id sufficient for police anymore if they want to know who you are?

[Skittles]

13. perhaps we will meet in a "re-education center", stromboli

the first hint this type of crap would happen was the theft of the election. Dissent is being squashed all around us.

[GOPFighter]

7. I just checked out the Nat'l Lawyers Guild website

http://www.nlg.org/default.htm

I was very impressed. Sounds like an organization worth supporting. Anyone know anything about it?

[Bushfire]

9. They are at many anti war protests that I've seen

and act as observers/legal aid if necessary

[soon zoo]

8. drake officiials given a gag order too

here's the story from saturday's dm register

http://desmoinesregister.com/news/stories/c4788993/23463005.html

while not officially being done under the patriot act, it sure reeks of it

[mac2]

10. Govenment spying on records

Go to ACLU site and fight these human rights issues. Sign the petitions. Our government has abandoned us.

[boobooday]

12. Waking up to the smell of facism

It is very frightening. George Bush is the number one terrorist threatening America right now, and we can't get him out soon enough.

He should be impeached, and live in shame and ridicule for the rest of his days. Oh, if only his fatal flaw was excessive libido and not nasty, privileged meanness . . . we would all be safer.

Did you see him on Meet the Press? It must be nice to be able to afford your own planet, with an alternate reality.

Sigh.

http://www.wgoeshome.com

Jeanette

[Skittles]

14. welcome to t he DU, Jeanette!

It took you long enough to get here, no ? :hi:

[MountainLaurel]

15. Read this earlier today

And like many others, it gave me chills. Reminded me of an article in Utne Reader, The Nation, or something along those lines about how folk singers were actively investigated and harassed by the FBI because they were considered dangerous to national security.

MountainLaurel -- Another "hysteric" librarian for freedom.
https://www.ala.org/ala/oif/basics/basicrelatedlinks/librarianfreedom.htm

[MasonJar]

16. If we do NOT get rid of Bush, this country is history. I think I'll

move to creaky old Europe.

[Rhiannon12866]

18. This was also the headline on Buzzflash recently

It's a scary country that we're now living in when our rights are being taken away left and right. What's next? I shudder to find out. Bush* has to be stopped. We all have to pull together to ensure a win in November. I can't even imagine the further damage to our country four more years of Bush* would cause, not to mention the complete loss of the reputation of the U.S. in the world community.
:scared::nuke::scared::nuke::scared::nuke::scared: