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31 Peace Activists Found Guilty of Unlawful Assembly in the US Capitol

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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:17 PM
Original message
31 Peace Activists Found Guilty of Unlawful Assembly in the US Capitol
will not be Deterred from Future Actions by Possible Jail Time

The following was written by Joy First, a Madison Wisconsin Peace Activist who lives her understanding of Dr. King. I am honored to know her.

Joy First

January 18, 2008

I joined 34 other activists and supporters in an action of nonviolent civil resistance in the United States Capitol on September 20, 2007. We were there to speak out against our government’s war of aggression in Iraq that is causing enormous human suffering to uncountable children, women, and men, following the principles of nonviolence taught by Gandhi and King.

Our action, “Rivers of Blood” was planned and organized by the National Campaign for Nonviolent Resistance (www.iraqpledge.org), and the activists came together from all over the country including from Alaska, Wisconsin, Massachusetts, New York, Pennsylvania, and even from Cambodia.

We gathered in a corner of the crypt of the U.S. Capitol, a large room directly beneath the Capitol dome where tourists have the opportunity to look at exhibits about the architecture of the Capitol. We were wearing simulated blood spattered t-shirts and we each had the name and a picture of a victim of the carnage in Iraq. One by one we read aloud the name of the person we were representing and then fell to the ground in solidarity with those who have lost their lives in this tragic war and occupation. As we fell to the ground we used red streamers to illustrate the rivers of blood flowing in Iraq, but starting in the US Capitol. We were arrested and eventually charged with Disorderly Conduct and Unlawful Assembly. The US Capitol Police held us for about five hours for processing and then released us.

Thirty-one defendants returned to the DC Superior Court for trial on January 16, 2007. Eventually a 2 ½ day bench trial was held, Judge Ann Keary presiding. We represented ourselves as pro se defendants. The advantage we have in representing ourselves is that we can each take a role in speaking our truth in the courtroom unfiltered through the language of a professional attorney. Jeffrey Shapiro was the prosecuting attorney for the government.

The trial turned into a mockery of justice. We were acquitted of the charge of disorderly conduct and found guilty of the charge of unlawful assembly. About half of the defendants will be appealing the decision.

The circus began with the government’s first and only witness, Officer Sherri McDonald with the US Capitol Police. We were not individually and positively identified as the individuals who were in the crypt of the US Capitol that day. The case should have been lost on this mistake by the prosecution alone.

During our defense, we had about seven witnesses on the stand. They testified that it is our right to be in the US Capitol, professing our First Amendment right to freedom of speech and freedom to assemble. Other witnesses testified to using international law as our motivation for doing this action. The war and occupation of Iraq is illegal under international and US law, and we had the right and the responsibility to go to the US Capitol and speak out against the war and occupation. The United States government has broken a number of treaties by invading Iraq including the UN Charter, the Nuremburg Principles, and the Geneva Conventions. All witnesses talked about the horrors of the war and occupation, the incredible human suffering.

The defendants were shocked during Mr. Shapiro’s closing statement when he stated that it was our intent to act unlawfully, and we were even more dismayed when he said that what we did, wearing the blood spattered shirts and falling to the ground, carrying a banner that said “Rivers of Blood Start Here” was obscene, could be disturbing to tourists in the crypt, and could incite violence. This was inconceivable to us in light of the government’s waging of an illegal war where one million innocent people have died. It is the war that is obscene, not us. Mr. Shapiro was very insulting, stating at one point during the closing that, “Dr. King, unlike the defendants in this courtroom, was willing to accept the consequences of his actions.”

After a short deliberation, Judge Keary found us not guilty of disorderly conduct – loud and boisterous. When she announced the verdict, Mr. Shapiro stood and said that it was a general disorderly conduct, not disorderly – loud and boisterous that we were charged with. After a discussion, it was discovered that though Judge Keary was under the impression that all defendants were charged the same, they were not. We were appalled that this information would be discovered after the verdict was read, and that Judge Keary would engage in a conversation with the prosecutor about this at this point in the proceedings. This discovery was just one example of the careless attention to detail on the side of the government. Finally Judge Keary agreed that the acquittal for disorderly conduct would hold.

We were found guilty of unlawful assembly. According to the judge, this verdict was based on two findings. First, we were blocking a passageway. Second, Judge Keary asserted that what we did threatened a breach of the peace. We were stunned by this ruling. During the defense testimony witnesses discussed that many people who saw our action were supportive of what we were doing. In particular a visiting school group was very interested, and defendants heard the teacher tell the students that what we were doing was democracy in action. However, Judge Keary asserted that what we did could cause a reaction of violence on the part of others who came upon our action.

This ruling is incredibly troubling to us, the defendants. What does this mean for freedom of speech? How can this ruling be extended to squelch any form of dissent if there is a possibility that others might not agree? If you extend this ruling, individuals could be arrested for wearing a t-shirt with a political statement because it might illicit a violent reaction from someone who sees it. There seem to be some very far-reaching and chilling implications to this ruling.

For sentencing we were divided into 3 groups based on number of prior arrests. The sentences were unnecessarily harsh and meant to deter people from practicing their right to dissent. We all got from 7-10 days of a suspended jail sentence, 6 months unsupervised probation, and from $50-$100 to be paid to a victims of violent crime fund.

What we were doing there that day was an example of democracy in action. The police did not have to arrest us as we were peacefully expressing our First Amendment Rights. We are people of conscience going to the US Capitol, not to break the law, but to uphold the law, not to breech the peace, but to cry out for peace. We accept the consequences of our actions, because we know in our hearts that what we are doing is right. We will not be deterred by this. We will be back and take the necessary risks as we continue to speak out against the atrocious crimes of our government.

But we need many more people to join us in fighting the corruption of our government. We need many more people willing to follow the lessons that we learned from Gandhi and Martin Luther King. On Dr. King’s birthday, let us honor him by committing ourselves to using nonviolence in our struggle for peace and justice in the world. Let us make the difficult choices and come together across the country to speak out against the crimes of our government. As Dr. King said, “The choice is ours, and though we might prefer it otherwise we must choose in this crucial moment of human history.”

For information on joining us go to http://www.iraqpledge.org/


If you are interested in contacting Joy, pm me.


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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:21 PM
Response to Original message
1. One more nail in the coffin for the First Amendment.
"Congress shall make no law ... abridging ... the right of the people ... to petition the Government for a redress of grievances."
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adadem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:47 PM
Response to Reply #1
17. Exactly my thought n/t
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:24 PM
Response to Original message
2. "Unlawful Assembly"
is an illegal charge and blatantly unconstitutional.

Fuckers.
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nashville_brook Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:38 PM
Response to Reply #2
12. that stuck out to me as well.
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:24 PM
Response to Original message
3. I Love When People Who Seek Attention Through Arrest, Protest When Arrested.
Edited on Tue Jan-22-08 05:25 PM by OPERATIONMINDCRIME
Who are they kidding?

What, this was a surprise to them? C'mon now.

And the using 'international law' part was just really stupid, with all due respect to them.

I am glad they are speaking out and being on the front lines sacrificing themselves to get their message out, but I think it's a bit silly when they do the whole "Gasp!!! I don't BELIEVE we were arrested!" shtick.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:29 PM
Response to Reply #3
5. So you don't think the US is supposed to obey international law?
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:31 PM
Response to Reply #5
7. ...
:eyes:
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:29 PM
Response to Reply #3
6. When experienced activists do an action like this
there is a lot of planning that goes into it, including explaining to the police exactly what they are doing, when and where they are doing it, and why. They aren't breaking laws, they are exercising their rights, the right we all have to free speech. This right is under attack.
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:33 PM
Response to Reply #6
8. Tell Me Honestly: Did They Not Expect To Get Arrested?
I want an honest answer. If they put the preparation and planning into it like you said, and were under the impression that their actions, if remaining civil, were ones in which would be left alone from the police, then I take back my comments.

But if they only planned their actions and didn't abide by the same rules of protest/organizing that anyone else in the Capitol would have to abide by, then I'm sure this truly was no surprise to them.
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:41 PM
Response to Reply #8
13. They knew they were risking arrest, yes.
And it was not a total surprise. Joy has been arrested more than a dozen times. She has participated in many more actions where she was not arrested.
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:46 PM
Response to Reply #13
16. That's What I Thought. Thanks.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:36 PM
Response to Reply #3
10. Waldo, the question is what are you doing out there? n/t
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nashville_brook Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:41 PM
Response to Reply #3
14. sounds like someone who has never set foot in a public action.
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mudesi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:45 PM
Response to Reply #3
15. You know who else was arrested? Black people in the 1960s
It's not about whether or not they "expected" to be arrested, it's about whether they should have been arrested. You always take this side whenever this comes up, and it's mind boggling.

Imagine you posting the same thing during the civil rights movement.

"Who are they kidding?"

"What, this was a surprise to them? C'mon now."

And then looking back at those statements today. I would like to think you'd be embarrassed.
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:47 PM
Response to Reply #15
18. I Think They Should've Been.
Though part of me respects what they were doing, another part of me thinks the last thing I'd want my kids to see if I took them to the capitol, are protesters covered in blood.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:49 PM
Response to Reply #18
19. Wait a minute...
you're going on record as saying the 1960's civil rights leaders should have been arrested?
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:51 PM
Response to Reply #19
21. Nope. Try And Pay Attention.
I'm frankly boggled that you could screw context up that much. I mean, wow.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:53 PM
Response to Reply #21
22. OK...
so these peace protesters should have been arrested, but the Civil Rights protesters of the 60's shouldn't have?

Is that what you're saying?
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nashville_brook Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:56 PM
Response to Reply #19
24. that's the way i read it: "I Think They Should've Been" -- not much room for "context" there
Edited on Tue Jan-22-08 05:57 PM by nashville_brook
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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 06:50 PM
Response to Reply #3
27. So, how does one go about petitioning the the Government
If that Government makes the actions needed to deliver such a petition illegal?

I guess having the Government accountable & responsive to the People is good in theory, but messy in practice?
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:27 PM
Response to Original message
4. There are days when it's hard to believe I'm living in the USA.
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shanti Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:35 PM
Response to Original message
9. so the peace activists are arrested
but the anti-abortion activists are invited in for coffee and donuts....:eyes:
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:38 PM
Response to Original message
11. "..or the right of the people peaceably to assemble," Guess the prosecuter skipped that class.
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:51 PM
Response to Reply #11
20. Oh, don't start bringing up that ol' pesky Constitution. n/t
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 05:55 PM
Response to Original message
23. Bringing up the topic of war in such a graphic way is frankly embarrassing.
That is why they have to be stopped. What will the visitors to our Capitol think?
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Vilis Veritas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 06:00 PM
Response to Original message
25. Is Joy or anyone in her group Attorney's?
Edited on Tue Jan-22-08 06:07 PM by saddlesore
I understand the part about wanting to each speak unfiltered, however, in my opinion, it is always unwise to represent yourself - uinless you are a trained attorney with experience in such cases.

JMO...

Peace.

edited title to direct question properly...
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undeterred Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 06:21 PM
Response to Reply #25
26. There are always support people who do not risk arrest
and legal counsel there for support. The group who protest at the Capitol are drawn from all over the US and are highly committed and experienced. There are some local protests here but fewer people are willing to risk arrest so they don't usually go quite as far.
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Breeze54 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-22-08 07:01 PM
Response to Original message
28. "that what we did threatened a breach of the peace" - That ship sailed with pre-emptive strikes!
Circus is a good word to describe this fiasco in court! :banghead:

:kick: & Recommended



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