Case Dismissed - Why?

  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 U.S. troops from Iraq, Afghanistan and Pakistan. Since there was no response, Ellen Barfield, Michele Grise, Steve Mihalis, Max Obuszewski, Pete Perry, Manijeh Saba and Eve Tetaz went to the Pentagon on St. Patrick's Day.

 

 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 U.S. District Court in Alexandria, Virginia.

 

  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 Ithaca, New York on March 17, 2003 during a protest against war with Iraq.  While in custody, I found out that some of the police officers knew DeMott because of his numerous actions on the Pentagon reservation. One spoke highly of the intrepid Catholic Worker.

 

 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 Iraq War, were arrested on March 12, 2008 in the Senate gallery.  During our arraignment the following day in Superior Court of the District of Columbia, the government provided us with discovery.  In the discovery were statements indicating they were aware we were coming.  So prior to the jury trial, I filed a Motion for Additional Discovery, similar to the one filed for the case in Alexandria.  When the trial began on October 20, the prosecutor indicated the Capitol Police had no other information to provide.  However, after the government rested its case, the prosecutor informed the court he did receive a classified report.  We were given the front page, which was a table of contents.

 

 After the judge examined the U.S. Capitol Police Intelligence Report for March 12, 2008, he gave the defense two more pages.  The report contained a private email of mine which proposed a Ghosts of the Iraq War action in a gallery in the U.S. Capitol.  How did the Capitol Police get my email?  The five Ghosts who were found guilty by the jury appealed the convictions. One of the legal issues we will raise on appeal is the fact that we did not receive all of the discovery prior to trial.

 

 Through information received by the American Civil Liberties Union in July 2008, it was discovered that undercover Maryland State Police officers were involved in surveillance of activist groups in Maryland and in the District of Columbia.  The state police entered 53 names into a terrorist database. Some of us arrested at the Pentagon in March 2009 were in that database. 

 

  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

Washington, DC 20001

 

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 Iraq and Afghanistan, and the illegal bombing, since July of 2008, of Pakistan.  These actions are causing incredible human suffering, growing distrust of the United States around the world, and are diverting our resources which could be better used to ease human suffering.  We follow the principles of Gandhi, King, Day and others, working nonviolently for a peaceful world.

 

We would like to meet with you to discuss this situation.  As members of the National Campaign for Nonviolent Resistance, we adhere to the Nuremberg protocols. These principles, established during the trials of Nazi war criminals, call on people of conscience to challenge their government when it is engaged in criminal activity.  Not only do we have the responsibility to meet with you, but you have a responsibility and duty to follow the laws and uphold the constitution as you swore when you took your oath of office.

 

On March 19 the seventh year of the Iraq war begins.  The attack and invasion of Iraq was a violation of international law and an immoral chapter in U.S. history, staining our country's reputation, and it must end immediately.  The war in Afghanistan and the bombing of Pakistan must also end immediately.  Despite mounting U.S. military and civilian casualties, the people of the U.S. are now being asked to financially support an enlarged and prolonged occupation of Afghanistan, with no end in sight, and which we believe is immoral.  It is urgent that we meet soon as innocent people are dying everyday.

 

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, ALEXANDRIA, VIRGINIA

CRIMINAL DIVISION

 

United States of America:

 

      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 U.S. Intelligence Report for the Pentagon.  

 

  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

Baltimore, MD 21211

Ph: 410-366-1637

 

A courtesy copy of the Motion was provided to Paul Embroski, Assistant United States Attorney, SAUSA Unit, 2100 Jamieson Avenue, Alexandria, VA 22314.