CASE DISMISSED - WHY?
Activists from the National Campaign for Nonviolent Resistance [NCNR] regularly try to speak truth to power. For example, seven members of the NCNR went to the Pentagon on the morning of March 17, 2009 to seek a meeting with Secretary of War Robert Gates. Within twelve minutes of getting off the Metro, we were cuffed and stuffed in Pentagon Police vehicles.
We sent a letter to Gates [see below] seeking a meeting to discuss the withdrawal of
We proceeded to a booth for those with “official business.” An officer recognized some of us, and asked us to come outside. We complied and explained we had sent a letter requesting a meeting, but did not receive a response. Another officer appeared, and we showed them a copy of the letter. After informing us that there is a procedure to follow in requesting a meeting, they ordered us to move to the protest zone where our supporters congregated. We declined, and were placed under arrest.
During our brief dialogue with the police officers, we overheard one saying to the other, "When is the other group coming?" Our initial plan was to go to the Pentagon in two waves. Did the police have prior knowledge of our visit?
We were transported to a police redoubt, processed and released, facing a charge of failure to obey. Our trial date was initially set for May 8 in
We acted in memory of Peter DeMott, who unfortunately died after falling from a tree on February 19. DeMott and three others were arrested in a military recruiting station in
Once we determined the names of our judge and prosecutor, we filed a Motion for Additional Discovery [see below]. Initially the prosecutor told one defendant that we would not get any further discovery and suggested we plead guilty. That was never an option, as we were prepared for the trial now scheduled on May 22. Soon after the motion was filed, the prosecutor’s office notified us that all charges would be dismissed.
Ten NCNR activists, speaking out against funding of the
After the judge examined the
Through information received by the American Civil Liberties Union in July 2008, it was discovered that undercover
Police agencies across the country have been involved in surveillance operations of progressive groups, and in some situations have infiltrated the organizations. NCNR activists are aware of this misuse of police resources, so it is now standard practice of those of us facing trial to seek additional discovery, under the assumption the police were spying on us.
It is unlikely we will ever know why the charges from our arrests at the Pentagon were dismissed. It seems possible, though, the government did not want to discuss our request for additional discovery in open court. Do the Pentagon Police have something to hide?
Activists involved in civil resistance should give consideration to filing motions to elicit discovery which might confirm police surveillance. While the seven of us were acting pro se, others with less experience could consult with an attorney. If a defendant is a pauper and facing jail time, s/he would have access to a public defender.
The best disinfectant for illegal police surveillance is sunlight. Are you on some police agency’s radar screen? If so, you may be like me. I always want to know when I am being followed.
Max Obuszewski, a member of the National Campaign for Nonviolent Resistance since its inception, can be reached at mobuszewski at verizon.net.
NATIONAL CAMPAIGN FOR NONVIOLENT RESISTANCE
Saturday March 7, 2009
Secretary of Defense Robert Gates
Office of the Secretary of Defense
Pentagon
Dear Secretary Gates,
I am writing as a representative of the National Campaign for Nonviolent Resistance. We are a group of citizens dedicated to working for an end to the illegal war and occupation of
We would like to meet with you to discuss this situation. As members of the National Campaign for Nonviolent Resistance, we adhere to the
On March 19 the seventh year of the
We would appreciate a response by March 14, so that NCNR members can arrange their travel plans to be at the meeting at a time appropriate to your schedule. If perchance, you fail to respond we will come to the Pentagon some time in the next few weeks to request a meeting.
In peace,
Joy First
National Campaign for Nonviolent Resistance
www.iraqpledge.org
IN UNITED STATES DISTRICT COURT,
CRIMINAL DIVISION
PLAINTIFF
V.
DEFENDANT
Max Obuszewski Case No. R 2009245
May 12, 2009
MOTION TO COMPEL ADDITIONAL DISCOVERY
This matter relates to an arrest that took place outside the Pentagon on March 17, 2009. The pro se defendant Max Obuszewski is facing a single charge of Failure to Obey a Lawful Order 32CFR 234.6B. He is scheduled for trial on May 22, 2009
As a pro se defendant, Obuszewski respectfully requests that an additional discovery process take place in which the government turns over all action plans, audiotapes, documents, emails, files, photographs, police reports, transcripts of electronic transmissions and videotapes which indicate prior knowledge that the defendant planned to visit the Pentagon on March 17, 2009 to seek a meeting with Secretary of War Robert Gates. It is understood that the government will only provide a police report as part of the discovery processs. This Motion also seeks a copy of the March 17, 2009
Also to be provided would be all intelligence, including action plans, amassed on the National Campaign for Nonviolent Resistance and others involved in planning the March 17, 2009 visit to the Pentagon. The relevant material should be provided to the defendant prior to the trial scheduled for May 22, 2009.
_______________________________________________________________________
_____________________
Max Obuszewski
3338 Gilman Terrace
Ph: 410-366-1637
A courtesy copy of the Motion was provided to Paul Embroski, Assistant
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