Pacifists Gagged and Told to Tell the Whole Truth at Same Time
On May 8 the Transform Now 3 were found guilty in federal court in Knoxville, Tennessee on both of the remaining charges against them. Greg Boertje-Obed, Michael Walli, and NDE's Sr. Megan Rice were each found guilty of
• one count charging damage to federal property in excess of $1,000 which carries a maximum ten year sentence.
• one count of acting with intent to injure the national defense of the United States which carries a maximum 25 year sentence.
Judge Thapar limited the defendants' range of allowable testimony in a move consistent with US judicial practice, though inconsistent with the order to tell "the truth, the whole truth and nothing but the truth." Thapar ruled out using the necessity defense, any use of the Nuremberg principles, the Nonproliferation Treaty or the supremacy of international law to U.S. law according to Article VI of the Constitution, the first amendment, or any testimony about faith, religious or other good motives. Thapar did allow the defendants to testify about their intent on July 28, 2013, when they entered the Y12 Nuclear Weapons Complex in the middle of the night and painted "Plowshares Please" and other messages of peace on the side of the Highly Enriched Uranium Materials Facility (HEUMF) where all the uranium for U.S. nuclear weapons is stored.
The limiting of testimony indicates a distrust of an impartial jury which is a foundation of a fair trial. Wouldn't questions of right and wrong be better decided if juries were truly able to hear why a seemingly illegal act was taken? Shouldn't they be able to compare degrees of illegality? When the Constitution can't even be appealed to by defendants in court, what is the court actually doing to justice?
Michael Walli almost was not allowed to take the witness stand in his own defense because he attempted to modify the witness oath pointing out the contradiction between the "motion in limini" and the telling of the whole truth. Michael spoke of himself as a terrorist for the United States when he was in combat in Vietnam--A legitimate characterization maybe, but not one that would enamor him to most people likely to be seated as jurors in a Tennessee federal court. Skeptical jurors also heard that the plowshares activists believe that nuclear weapons are used to help the United States "terrorize" the world, threatening other lands and peoples with their use on civilians, a bona fide "crime against humanity."
The prosecution and jury agreed that using the bolt cutters to get to the HEUMF under cover of darkness, pouring blood, painting grafitti, and using hammers on the walls of this highly protected edifice were violent acts intended to undermine the national defense. The jurors were not allowed to hear anything that pointed out that nuclear weapons actually make us less secure, not more. The inherently destructive violence of maintaining a nuclear arsenal overwhelms any purported violence of Megan, Greg and MIchael. If they had gotten inside the HEUMF they would have done nothing to cause harm to anyone, excepting that someone may have felt called to shoot them on sight, something Plowshares activists contemplate in advance very seriously.
During the trial, the prosecutor was willing to concede that the defendants were nonviolent, but once convicted, he argued that the sabotage charge is automatically a "crime of violence" and hence required the court to remand Megan, Greg and Michael immediately to custody. The lawyers also argued about whether or not cutting fences with bolt cutters and defacing property is inherently violent according to case law. [And haven't we had the same arguments about property destruction? -Jim] The judge ultimately agreed with the state, and no final hugs or kisses were allowed.
A poignant moment occurred Thursday morning when Judge Thapar was deciding if the "guilty" parties needed to remain incarcerated or not pending sentencing. Thapar chided the defense for using the short-hand "sabotage act" since the word "sabotage" sounds like a reference to the physical property being damaged or threatened with damage. But it actually is a reference to national defense. We posit that eliminating nuclear weapons will strengthen our national defense for many reasons. Cutting through the fence, slowing down the machinery of nuclear terror, strengthens national defense. We and the world would be safer without nuclear weapons.
Despite all the negative procedural obstacles placed in the way of the defendants presenting their case against nuclear weapons, the positivity of Megan, Greg and Michael remained unbowed. When led in on Thursday morning with the hope that the judge would release them pending sentencing they beamed smiles that brought tears to many an eye, especially when Megan joined us in singing one of her favorite songs, “Sacred the Land, Sacred the Water" complete with hand gestures despite her metal shackles and ankle chains. Air-hugs were shared and kisses were blown across the room. It was an incredibly joyful moment.
Then the judge came in.
The defense team has until Tuesday to submit arguments to Judge Thapar to convince him to release the Transform Now 3 pending sentencing on September 23. Also, a slim chance remains that on June 14 he will vacate the charge of undermining national defense per an earlier defense "motion for acquittal." For more details about the testimonies and the schedule of remaining filing deadlines and sentencing see the report by Ralph Hutchison
of the Oak Ridge Enviornmental Peace Alliance (OREPA). For the most up to date contact information for Megan, Michael and Greg, as well as other anti-nuclear and political prisoners, visit the Nuclear Resister blog.
Since entering the Y12 Nuclear Weapons Complex on July 28, 2012, Greg Boertje-Obed, Michael Walli, and NDE's Sr. Megan Rice faced four charges ranging from trespass to sabotage. In November, the government dropped the trespass charge. On April 25, the government dismissed a second charge, that they "did willfully and maliciously destroy, injure, and attempt to destroy and injure, a structure, and other real and personal property within the Y-12 National Security Complex" opting to push for the more egregious charge of intentionally damaging national security.
Many dear friends and loved ones attended the trial, including three of Sr. Megan's nieces, two members of her religious order (Sisters of the Holy Child Jesus). Several NDE regulars were here including John Amidon, MaryAnne Coyle, Fr. Jerry Zawada, Megan's close friend Pat McSweeney and of course, Fr. Louis Vitale.
-Jim Haber (Very Happy to have come to Knoxville too.)
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