Our old Constitution could come in handy
|June 10, 2008||Posted by Staff under Progress Report, The Progress Report|
Our old Constitution could come in handy
Maine Jury Says It’s Legal to Protest an Illegal War
Its hard to fight back when youre little, and economically, most people are microscopic. To equalize the competition between the well connected and everyone else, we need to close the income gap. Were we to share societys surplus and pay ourselves a Citizens Dividend while replacing counterproductive taxes and subsidies then activists could win more often. And by whittling down the control of the wealthy over the state, people could choose more rational policies and protesters would have much less to protest about. We trim this 2008 article from AlterNet, posted May 31. The author is the widow of a Vietnam veteran who took his own life after coming home. Her latest book is Flashback: Posttraumatic Stress Disorder, Suicide, and the Lessons of War.
by Penny Coleman
First, the bad news. The bad news is that a story which illustrates a constructive and effective direct action for change was reported only in the Bangor Daily News. Period.
The good news, which that paper reported on April 30, is that six peace activists were acquitted on charges of criminal trespass for failing to obey a police request that they abandon their sit-in outside U.S. Sen. Susan Collins’ office in the Margaret Chase Smith Federal Building in Maine.
The defendants, Doug Rawlings, Henry Braun, Jimmy Freeman, Dud Hendrick, Rob Shetterly, and Jonathan Kreps — dubbed the Bangor Six — were arrested in March 2007 for protesting Bush’s proposed troop escalation and Collins’ continued support of funding for the war.
According to Rawlings, “Our case was pretty simple: We argued that we believed we had a right and an obligation to stay in that federal building until Collins heard us out and agreed that the war is not only immoral but illegal under international law.”
Specifically, they based their defense on the First Amendment’s “right of the people … to petition the Government for redress of grievances,” and their belief that the war is being pursued in defiance of Article VI of the Constitution (“all treaties made … under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby”), the Nuremberg Principles and the Geneva Conventions.
After a two-day trial in Penobscot County Superior Court, a jury of 12 citizens agreed and brought back a verdict of “not guilty.”
Though Judge Michaela Murphy explicitly instructed the jury to set aside their feelings about the war and only deliberate on the evidence presented during the trial, she did allow jurors to consider whether or not the defendants believed that they had the “license and privilege” to consciously choose to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did, in fact, believe they had that right.
For Hendrick, a Naval Academy graduate and former Air Force officer who volunteered for two tours in Vietnam and who now teaches peace studies at the University of Maine at Orono, the “not guilty” verdict was especially sweet. Hendrick has been down this road before, having been arrested five years ago for protesting the war in front of Collins’ office and again three years ago in front of the office of Maine’s other senator, Olympia Snowe.
In his defense, he told the jury, “My best friend’s name is on the wall in Washington, as are the names of three other teammates and nine classmates.” Those deaths and the deaths of another generation of soldiers and civilians were on his mind when he refused to leave the Federal Building: “Every life lost is a heinous crime, and we are all complicit. We should all be working to stop a foreign policy run amok without conscience,” Hendrick told me.
Penobscot County District Attorney Christopher Almy told the Bangor Daily News that he believes the verdict could be read as an indication of Mainers’ disgust toward what he referred to as the “debacle” in Iraq and their impatience with both Maine senators, Collins and Snowe, who have continued to support it. He said he would have to reconsider how to handle such cases in the future. One option, he suggested, would be to refer such cases to federal prosecutors.
However, Maine’s chief federal prosecutor, U.S. Attorney Paula Silsby, has said she does not think she has jurisdiction. Why the feds were not asked to handle this particular case to begin with is unclear — other than the fact that it would have drawn greater attention to Collins’ steadfast refusal, over the past six years, to allow her constituents to express their opinions in town hall-style meetings.
After the verdict was announced, the defendants headed to a local watering hole for drinks and champagne. “We called Collins’ office from the bar,” Rawlings told me, “to tell her aide about the verdict. We got a terse note back from the office announcing Collins’s firm stand on funding the war to ‘protect the troops.’” Collins is up for re-election in November.
Jurors, advised by the judge not to “surrender an honest conviction,” appeared pleased with the decision. “A good thing was done here today,” said trial juror Emily Herrold, who left the courthouse smiling. A little good news goes a long way.
Setting a Nonviolent Example Would Be Better
Victories Without Violence
Sanctions and the U.S. War Against the People of Iraq
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