THREE CITIZEN ACTIVISTS ARRESTED JANUARY 12 ON U.S. CAPITOL STEPS WILL ARGUE AGAINST THE GOVERNMENT’S STAY AWAY ORDER

THREE CITIZEN ACTIVISTS ARRESTED JANUARY 12 ON U.S. CAPITOL STEPS WILL ARGUE AGAINST THE GOVERNMENT’S STAY AWAY ORDER

FOR IMMEDIATE RELEASE: April 21, 2016

Contacts: Malachy Kilbride 301-283-7627 or malachykilbride at yahoo.com;  or Max Obuszewski 727-543-3227 or mobuszewski at verizon.net

WHO:  On January 12, 2016, a group of Citizen Activists, as part of the National Campaign for Nonviolent Resistance, marched to the U.S. Capitol, and a delegation asked a Capitol Police representative if the petition calling on President Obama to deliver a Real State of the Union and a list of alleged U.S. war crimes could be delivered to the office of the vice-president.  The representative denied the request, but indicated he would grant a permit to demonstrate in an area away from the Capitol steps.  He was informed that the demonstration was completed, and now the group wanted the petition to be delivered.  Because the citizen activists were being denied their First Amendment rights, they gathered on the legal portion of the Capitol steps holding a banner which read STOP THE WAR MACHING EXPORT PEACE and sang the traditional “WE SHALL NOT BE MOVED.” Thirteen of them were then arrested and charged with “incommoding and obstructing.”

WHAT:    At an arraignment on February 3 in Superior Court of the District of Columbia, three of the defendants appeared – Malachy Kilbride, a Quaker from Montgomery County, Maryland, Max Obuszewski from Baltimore, and the venerable Eve Tetaz in a walker from Washington, D.C. Four defendants had their charges dismissed -- Martin Gugino, from Buffalo, Phil Runkel from Wisconsin, Janice Sevre-Duszynska, from Kentucky and Trudy Silver from New York City. Carol Gay, from New Jersey, Joy First from Wisconsin, Linda LeTendre, a Quaker from Saratoga Springs, New York, Joan Nicholson, a Pennsylvania Quaker, Alice Sutter from New York City, and Brian Terrell a Catholic Worker from Iowa will be arraigned at the trial on May 23.  The government introduced an additional charge against the nine remaining defendants – “failure to obey.”

  Then the government requested a Stay Away Order for the defendants from all of Capitol Hill.  The defendants argued against any stay away order.  Recognizing it was overly broad, Judge Diane Lepley reduced the stay away just to the U.S. Capitol.  She indicated the trial judge should make the final determination.

   On February 8, the three defendants appeared before Judge Wendell Gardner, Jr., and again argued vociferously against a stay away order.  The defendants indicated they were nonthreatening pacifists who had a constitutional right to visit the Capitol.  Judge Gardner indicated he would rule on this issue at the status hearing.  Since the ruling Obuszewski has filed a motion to rescind the stay away order.  The government filed a motion in opposition, and the Baltimore activist filed his response. 

Copies of all of the motions are available upon request.  Finally, at this status hearing the citizen activists will file a Motion to Preserve the Evidence and a Motion for Extended Discovery.

WHEN and WHERE: April 22, 2016 at 9:30 AM in Courtroom 220, D.C. Superior Court, 500 Indiana Avenue NW, Washington, D.C. 20001

WHY:  President Obama was to deliver his final State of the Union address at 9 PM on January 12. So the National Campaign for Nonviolent Resistance hoped to have the petition delivered to Joe Biden’s office some six hours before the oration.  Possibly if Biden’s office had the petition and delivered it to the president’s office, then Obama might forego a speech with empty platitudes.

Of course, President Obama failed to address the issues raised in the petition. For example, the NCNR message to the president included this: “A real State of the Union would be a frank speech which would condemn our country’s addiction to economic inequality, racial injustice, warmongering and the destruction of our planet.”

  At the trial, the nine defendants will argue that their First Amendment right to petition the government with a redress of grievances was denied on January 12.  In their arguments, the defendants will remind the court that the Capitol belongs to the people.

########

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs