Feds Win Right to War Protesters' Records

[Drift3r]

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20040207/ap_on_re_us/activist_investigation_1

Feds Win Right to War Protesters' Records

45 minutes ago

BY RYAN J. FOLEY, Associated Press Writer

DES MOINES, Iowa - In what may be the first subpoena of its kind since the Communist-hunting days of the 1950s, 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, served by a local sheriff's deputy who works on the FBI (news - web sites) Joint Terrorism Task Force.

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 Lawyer's Guild, a New York-based legal activist organization that sponsored the forum.

The group, once targeted for alleged ties to communism in the 1950s, announced Friday it will ask a federal court to quash the subpoena on Monday.

"The law is clear that the use of the grand jury to investigate protected political activities or to intimidate protesters exceeds its authority," guild President Michael Ayers said in a statement.

Representatives of the Lawyer's Guild and the American Civil Liberties Union (news - web sites) said they had not heard of such a subpoena being served on any U.S. university in decades.

Those served subpoenas include the leader of the Catholic Peace Ministry, the former coordinator of the Iowa Peace Network, a member of the Catholic Worker House, and an anti-war activist who visited Iraq (news - web sites) in 2002.

They say the subpoenas are intended to stifle dissent.

"This is exactly what people feared would happen," said Brian Terrell of the peace ministry, one of those subpoenaed. "The civil liberties of everyone in this country are in danger. How we handle that here in Iowa is very important on how things are going to happen in this country from now on."

The forum, titled "Stop the Occupation! Bring the Iowa Guard Home!" came the day before 12 protesters were arrested at an anti-war rally at Iowa National Guard headquarters in Johnston. Organizers say the forum included nonviolence training for people planning to demonstrate.

The targets of the subpoenas believe investigators are trying to link them to an incident that occurred during the rally. A Grinnell College librarian was charged with misdemeanor assault on a peace officer; she has pleaded innocent, saying she simply went limp and resisted arrest.

"The best approach is not to speculate and see what we learn on Tuesday" when the four testify, said Ben Stone, executive director of the Iowa Civil Liberties Union, which is representing one of the protesters. Supporters plan to demonstrate outside the courthouse.

Mark Smith, a lobbyist for the Washington-based American Association of University Professors, said he had not heard of any similar case of a U.S. university being subpoenaed for such records.

He said the case brings back fears of the "red squads" of the 1950s and campus clampdowns on Vietnam War protesters.

According to a copy obtained by The Associated Press, the Drake subpoena asks for records of the request for a meeting room, "all documents indicating the purpose and intended participants in the meeting, and all documents or recordings which would identify persons that actually attended the meeting."

It also asks for campus security records "reflecting any observations made of the Nov. 15, 2003, meeting, including any records of persons in charge or control of the meeting, and any records of attendees of the meeting."



Several officials of Drake, a private university with about 5,000 students, refused to comment. A source with knowledge of the investigation said a judge had issued a gag order forbidding them from discussing the subpoena.

 

[Spencer278]

Well at least the national gard wasn't called out to kill the protesters so bush can at least claim to be better then other presidents.

 

[tnitsuj]

Need more information.

 

[dmcowen674]

Originally posted by: Spencer278
Well at least the national gard wasn't called out to kill the protesters so bush can at least claim to be better then other presidents.

Four Unarmed Students Killed at Kent State Univeristy in Ohio May 4 1970 protesting Vietnam War

 

[Hayabusa Rider]

Buffalo Springfield 1966:

There's something happening here
What it is ain't exactly clear
There's a man with a gun over there
Telling me I got to beware

I think it's time we stop, children, what's that sound
Everybody look what's going down

There's battle lines being drawn
Nobody's right if everybody's wrong
Young people speaking their minds
Getting so much resistance from behind

I think it's time we stop, hey, what's that sound
Everybody look what's going down

What a field-day for the heat
A thousand people in the street
Singing songs and carrying signs
Mostly say, hooray for our side

It's time we stop, hey, what's that sound
Everybody look what's going down

Paranoia strikes deep
Into your life it will creep
It starts when you're always afraid
You step out of line, the man come and take you away

We better stop, hey, what's that sound
Everybody look what's going down
Stop, hey, what's that sound
Everybody look what's going down
Stop, now, what's that sound
Everybody look what's going down
Stop, children, what's that sound
Everybody look what's going down

 

[Gonad the Barbarian]

If you aren't with us, you're against us.

 

[chess9]

IF true, that is very, very scary stuff. Reminiscent of the '60's and '70's when they regularly photographed anti-war protesters, bugged their dorm rooms, infiltrated their circle of friends, and kept dossiers on them.

This kind of activity by the Federal or State governments should be a FELONY with a long prison term.

-Robert

 

[Bowfinger]

Originally posted by: chess9
IF true, that is very, very scary stuff. Reminiscent of the '60's and '70's when they regularly photographed anti-war protesters, bugged their dorm rooms, infiltrated their circle of friends, and kept dossiers on them.

This kind of activity by the Federal or State governments should be a FELONY with a long prison term.

-Robert

It's true, big news locally. Here's the article from today's local paper:

From the Des Moines Register: Group fights anti-war inquiry
Lawyers move to block subpoenas
By JEFF ECKHOFF and MARK SIEBERT

02/07/2004

Lawyers worked Friday to derail a federal grand jury investigation into an anti-war conference held three months ago at Drake University.

Federal officials have refused to say why they want information about the conference, the legal group that hosted it and four Des Moines-area peace activists involved.

But officials with the National Lawyers Guild, host of the Nov. 15 conference, said they intend to move Monday to block the subpoena, one of five delivered this week by the FBI's Joint Terrorism Task Force.

Bruce Nestor, a Minneapolis lawyer representing the guild, said he will argue that the subpoena has a "chilling effect on the rights of people to associate with the National Lawyers Guild and with the rights of our members."

Four of the subpoenas went to Des Moines peace activists, who were told to appear Tuesday before a federal grand jury. One went to Drake University, asking for information about the anti-war conference and records of the National Lawyers Guild local chapter.

The U.S. attorney's office in Des Moines convinced a judge Thursday to issue an order under seal - described by peace-movement sources as a gag order - to prohibit Drake employees from talking about the document search.

The subpoena demanded records from campus security reflecting any observations of the Nov. 15 conference, including "any records of persons in charge or control of the meeting, and any records of attendees of the meeting." Drake University President David Maxwell declined to comment Friday on how the university would respond.

Meanwhile, members of the Iowa congressional delegation and legal experts expressed concern about the appearance that the government is investigating activists involved in peaceful opposition to war.

"I don't like the smell of it," said Sen. Tom Harkin, adding that he did not know details of the investigation. "It reminds me too much of Vietnam when war protesters were rounded up, when grand juries were convened to investigate people who were protesting the war."

The Nov. 15 conference was called "Stop the Occupation! Bring the Iowa Guard Home!"

Organizers widely advertised their intention to hold the conference and then demonstrate the following day outside the Iowa National Guard headquarters in Johnston.

A flier was sent to the Des Moines Police Department and media outlets. A Des Moines television station shot video footage.

On Friday, the Iowa Civil Liberties Union entered the case and plans to represent one of those subpoenaed. Two other activists are scheduled to meet with a lawyer Monday.

Officials with the civil liberties group wonder whether the investigation is being conducted under the Patriot Act, controversial legislation designed to expand the government's ability to pursue domestic terrorists.

Michael Greenberger, director of the Center for Health and Homeland Security at the University of Maryland, tracks counter- terrorism efforts nationwide.

"Without knowing the details," Greenberger said, "these facts tend to evidence exactly the kinds of things that people are worried about with regard to the Patriot Act and other prosecutorial excesses. It seems like people are being challenged for their free-speech rights."

Other members of Iowa's congressional delegation want to know more.

Rep. Leonard Boswell, a Des Moines Democrat and member of the House Intelligence Committee, said he understands the need for secrecy when dealing with matters of national security.

"However, I am increasingly concerned about Attorney General John Ashcroft's disregard for explaining the actions of the Justice Department to the public," Boswell said.

Officials with the U.S. Justice Department in Washington, D.C., said they would return a telephone call Friday, but failed to do so.

Rep. Steve King, a Republican from Kiron, said it appeared the government was using significant resources to investigate a relatively minor protest.

"It definitely has my attention, and I will be asking questions," King said.

Register staff writers Jane Norman and Madelaine Jerousek contributed to this report.

One of an increasing number of examples of why flying the flag upside down may be appropriate.

 

[stg]

:disgust: Whoa. This is some very scary stuff indeed. Looks like we are slipping back into Mccarthyism or some such thing. At times like this everyone should remember that stuff like this can happen when you don't vote (IE crazy people with dangerous ideas think they can do what they want).

 

[sandorski]

 

[chess9]

Bow:

Thanks for that...I think.

Boy these right wingers are really scary. Where's CAD and his cadre of right wing love in Lolitas?

Oh, and Vic should weigh in. I'd be interested in hearing his take! Before he starts yelling I'll open my front door here in Orlando so I can get it first person.

The Feds are so FUSKING stupid how did we ever win a single war? How do we catch even ONE criminal?

(Ok, that's over the top, but so is this conduct.)

-Robert

 

[CADsortaGUY]

Originally posted by: chess9
Bow:

Thanks for that...I think.

Boy these right wingers are really scary. Where's CAD and his cadre of right wing love in Lolitas?

Oh, and Vic should weigh in. I'd be interested in hearing his take! Before he starts yelling I'll open my front door here in Orlando so I can get it first person.

The Feds are so FUSKING stupid how did we ever win a single war? How do we catch even ONE criminal?

(Ok, that's over the top, but so is this conduct.)

-Robert

And what do you know about the "National Lawyers Guild"? CPUSA anyone?

just some info on Groups within the group.
More if you care to read up on them.

Anyway the "article" the Register ran could have atleast called a duck a duck. The NLG is a activist group on the far left. Just because the group's name is "lawyer guild" doesn't mean they are trying to defend the law or whatnot.

Anyway I somehow suspected Bow would forget to post an update:

More details of the investigation become public
<snip>
In a statement released Monday evening, U.S. Attorney Stephen O'Meara in Des Moines said:

"The narrow purpose and scope of that inquiry is to determione whether there were any violations of federal law, or prior agreements to violate federal law, regarding unlawful entry into military property -- and specifically to include whether there were any violations as a result of an attempt to enter within the fenced, secure perimeter at Camp Dodge."

O'Meara said the investigation "does not relate to the rally held at STARC Armory on Nov. 16." He confirmed his office is investigating an event that occured at Camp Dodge at or about the same time as the peace rally at STARC Armory.

Several protesters were arrested at that well-publicized event where law officers were waiting for protesters who crossed over a line demarking National Guard property. The investigation appears to pertain to an incident that same day elsewhere on Camp Dodge property where someone entered or attempted to enter the fenced area of the military property.

As for the protestors, O'Meara said, "The United States Attorney's Office does not prosecute persons peacefully and lawfully engaged in rallies which are conducted under the protection of the First Amendment to the Constitution of the United States."

O'Meara said reports that this matter are being investigated by the Joint Terrorism Task Force are not accurate.

The subpoenas were served by a local sheriff's deputy who works on the FBI Joint Terrorism Task Force.
</snip>

Just another example of the left getting riled up over some perceived "injustice". Seems the DM Register needs to work on some journalistic issues too.

CkG

 

[chess9]

We'll see whether we have a right to be riled up. Libertarians and TRUE conservatives should be very dismayed if this is an attempt to chill free speech. My guess is that some local Assistant U.S. Attorney has exercised very poor judgment, or thinks he knows something we don't. From what CAD posted, he doesn't know much, if anything. Sounds like an over reaction to me.

CAD, it doesn't matter whether it's a right wing organization or the KKK, freedom of speech must be protected. Lots of guys died to protect that right. Just because you don't agree with the National Lawyer's Guild doesn't mean they shouldn't have the right to peacable assembly and free speech. Sometimes you right wingers get a screw loose. That's why we're here with the wrenches.

-Robert

 

[CADsortaGUY]

Originally posted by: chess9
We'll see whether we have a right to be riled up. Libertarians and TRUE conservatives should be very dismayed if this is an attempt to chill free speech. My guess is that some local Assistant U.S. Attorney has exercised very poor judgment, or thinks he knows something we don't. From what CAD posted, he doesn't know much, if anything. Sounds like an over reaction to me.

CAD, it doesn't matter whether it's a right wing organization or the KKK, freedom of speech must be protected. Lots of guys died to protect that right. Just because you don't agree with the National Lawyer's Guild doesn't mean they shouldn't have the right to peacable assembly and free speech. Sometimes you right wingers get a screw loose. That's why we're here with the wrenches.

-Robert

You seem to have missed the part where he said it was about an attempted break-in. NOT about peace rally organizing. But don't let the facts about the investigation get in the way of your need to paint this as a free-speech issue.

And yes it does matter when a paper doesn't address who the organization is - especially when they identify other groups affiliations. Guess they "forgot" to mention that in this case. Anyway - as long as people understand who these people are - I'm fine with their challenge of the investigation.

CkG

 

[Zephyr106]

Good, this is a step in the right direction. Next step will be internment/concentration camps for Muslim Americans. We need to present a unified front to the terrorists and stamp out any domestic dessent. The best way to prove to the terrorists that we're serious about fighting them is to shred our own, outdated constitution.

Zephyr

 

[burnedout]

Yeah, CAD, I just noted a reference to this in one of my favorite blogs.

Note that "peace" protesters enjoy no legal immunities for unlawful entry onto military bases, though some of them seem to think otherwise.

 

[chess9]

CAD:

I read the article, but I don't believe the guy...yet. Let's see what kind of questions he asks the witnesses and what charges he brings. It sounds like the typical Red Baiting fishing expedition of the 1950's. And, no, it doesn't matter what organization is involved in exercising its free speech rights. Even the RNC has that right.

-Robert

 

[Vic]

They're just preparing for the massive anti-war movement that will take place when we start the major ground war in North Korea next year, following GW's re-election. That war will be massively unpopular, so the government wants measures in place to deal with the protesters.

 

[CADsortaGUY]

Originally posted by: chess9
CAD:

I read the article, but I don't believe the guy...yet. Let's see what kind of questions he asks the witnesses and what charges he brings. It sounds like the typical Red Baiting fishing expedition of the 1950's. And, no, it doesn't matter what organization is involved in exercising its free speech rights. Even the RNC has that right.

-Robert

Don't trespass and they won't look at you

CkG

 

[kylebisme]

sounds to me like the are looking at a whole lot more people than just the ones who trespassed.

 

[CADsortaGUY]

Originally posted by: TheSnowman
sounds to me like the are looking at a whole lot more people than just the ones who trespassed.

Here - let me adjust the antenna on your hat.
<tweaks antenna>

That's nice that you think that, but it doesn't mean it is true.

CkG

 

[chess9]

CAD:

I'm not that stupid...yet. (But I'm getting there from reading these inane posts.)

Like I said, let's see what he asks whom and what charges are brought. This has the potential to be a politically stupid move, to say nothing of the legal ramifications.

-RObert

 

[kylebisme]

Originally posted by: CADkindaGUY

Originally posted by: TheSnowman
sounds to me like the are looking at a whole lot more people than just the ones who trespassed.

Here - let me adjust the antenna on your hat.
<tweaks antenna>

That's nice that you think that, but it doesn't mean it is true.

CkG

i didn't say what i think about the situation, i pointed out what i have been told about it. specifically:

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 Lawyer's Guild, a New York-based legal activist organization that sponsored the forum.

are you suggesting that this line of the article is untrue?

 

[CADsortaGUY]

Originally posted by: TheSnowman

Originally posted by: CADkindaGUY

Originally posted by: TheSnowman
sounds to me like the are looking at a whole lot more people than just the ones who trespassed.

Here - let me adjust the antenna on your hat.
<tweaks antenna>

That's nice that you think that, but it doesn't mean it is true.

CkG

i didn't say what i think about the situation, i pointed out what i have been told about it. specifically:

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 Lawyer's Guild, a New York-based legal activist organization that sponsored the forum.

are you suggesting that this line of the article is untrue?

If those who are the target of the trespass investigation are a group then that is more than appropriate to investigate and subpoena related info - no?

Chess - I'm not saying you are that stupid, I'm just saying that according to the official - it wasn't protest related. It was about some other trespass incident which looks to have come from the group.

CkG

 

[kylebisme]

well sure CAD, i understand the logic in that, but it does't do much to back your comment:

Originally posted by: CADkindaGUY
Don't trespass and they won't look at you

CkG