Judge ignores the law to convict nuclear weapons resister

Friends,

 

When a defendant accused of breaking and entering gets on the witness stand, s/he can discuss her/his intent.  This is for obvious reasons, as the defendant might have a legitimate reason and thus was not acting out of criminal intent.  However, when it is a protester on the witness stand, invariably the judge could care less about "intent."  And here is another federal judge ignorant of international law and the Nuremberg Principles.

 

Kagiso,

 

Max

 

News Release          3/4/2010  Immediate Release

 

Leonard Eiger, 425-445-2190, subversivepeacemaking@comcast.net

Ground Zero Center for Nonviolent Action

16159 Clear Creek Road NW Poulsbo, WA 98370

www.gzcenter.org or <info@gzcenter.org>

 

Nuclear Weapons Resister Found Guilty of Trespassing at Bangor

 

Nuclear weapons resister Lynne Greenwald was tried in United States

District Court, Tacoma, Washington on March 3, 2010, and found guilty

of trespassing on Federal government property. Magistrate Judge Karen

L. Strombom presided over United States vs. Greenwald.

 

Greenwald was charged with trespassing/entering a restricted area

(violation of 18 USC 1382) during a vigil and nonviolent action at

Naval Base Kitsap-Bangor, Washington on August 10, 2009 while carrying

a banner that read “Abolish Nuclear Weapons: Resist Trident” as part

of Ground Zero’s Aug 10th recognition of the 64th Anniversary of the

U.S. Bombings of Hiroshima and Nagasaki.

 

Greenwald, who represented herself at the trial, presented the

following opening statement: “I will provide testimony that any action

on August 10, 2009 at the Trident Nuclear Submarine Base, was not

illegal, but was in fact an act of upholding International and

Humanitarian Laws as well as the U.S.  Constitution.  Testimony will

reveal that there was no intent to commit a crime, but based on my

understanding of these laws as they relate to war and specifically

nuclear weapons, actions were taken this day to uphold these laws and

to prevent further criminal acts by my government.”

 

The government presented its case based on Greenwald entering the base

during a demonstration on May 15, 2006, in which she was arrested and

presented with a barment letter.  The prosecutor stated that Greenwald

was warned at that time that any further trespass on Federal property

would result in her arrest and possible prosecution under Federal

code.  The prosecutor also documented the events relating to the

August 10 trespass.

 

Greenwald attempted to provide personal testimony, giving the reasons

for her actions.  She began by stating that the Trident submarine is a

first strike weapon, and that any use of such a weapon is a crime

under international law.  The judge interrupted Greenwald during her

testimony, and instructed her that the “only question before the court

is regarding trespass.”  Greenwald reiterated her belief that she

“crossed the blue line not to commit a crime, but to uphold

international law.  I believe that the authority of international

humanitarian law requires me to take such action.”

 

After the prosecution made its closing statement in which it

recognized Greenwald’s right to protest outside the base, but that she

has no right to enter government property I doing so, Greenwald read

her closing statement: “An act of civil resistance to prevent the

ongoing commission of crimes under well recognized principles of

International Law and US domestic constitutional and criminal laws was

taken on August 10, 2009 at the Trident Nuclear Submarine Base in

Kitsap County.  As a member of the International Community, and as a

citizen of the US, I was privileged to act under the Nuremburg

Principle to prevent continued violation of International Laws.  I

testified that I was compelled by a good-faith belief that by taking

reasonable, nonviolent and affirmative acts to directly confront and

to oppose the commission of crimes by the US Government officials, I

was in fact justified in entering this Navy Base by the basic

principles of International Law.  The Court must find me not guilty of

any criminal act.”

 

Judge Strombold, in handing down sentencing, stated that this was a

classic case of rights to speak and protest, and that she did not

believe that the Nuremburg Principles justify trespassing on

government property.  She also stated that international law

principles are not an issue in this case; the law of trespass does not

recognize international law.  Her final point was that the “defense

raised here is not a legal defense that can be used in this case.”

 

Judge Strombold found Greenwald guilty of trespass, and ordered a

sentencing report before Greenwald’s sentencing hearing scheduled for

May 5, 2010.

 

Approximately 25 supporters of Greenwald held a pre-trial vigil

outside the courthouse, and many were in the courtroom to witness the

trial.

 

Greenwald is also a member of the Disarm Now Plowshares group of five

that entered the Bangor submarine base in the early morning hours of

November 2, 2009, All Souls Day, with the intention of calling

attention to the illegality and immorality of the existence of the

Trident weapons system. http://disarmnowplowshares.wordpress.com/

 

All five made their way to and entered the Strategic Weapons

Facility-Pacific (SWFPAC) where U.S. strategic nuclear weapons are

stored.  Before being arrested they held a banner saying, “Disarm Now

Plowshares: Trident: Illegal + Immoral”, left a trail of blood and

hammered on the roadway (Trigger Ave and Sturgeon), and hammered on

the fences around SWFPAC.  They also scattered sunflower seeds

throughout the base.  The initial charges brought against the Disarm

Now five were abruptly vacated, and no new charges have yet been

filed.

 

Lynne Greenwald is a mother, grandmother and social worker, as well as

a member of Ground Zero Center for Nonviolent Action in Poulsbo,

Washington.  For over thirty years Ground Zero has engaged in

education, training in nonviolence, community-building, resistance

against Trident and action toward a world without nuclear weapons.

 

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