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When Protest Is Terrorism
RNC 8 Charged as Terrorists Under State
Patriot Act
By Bruce Nestor
04/09/08 "ICH"
-- - Ramsey County Charges RNC 8 Under State Patriot Act,
Alleges Acts of Terrorism
In what appears to be the first use of criminal charges under
the 2002 Minnesota version of the Federal Patriot Act, Ramsey
County Prosecutors have formally charged 8 alleged leaders of
the RNC Welcoming Committee with Conspiracy to Riot in
Furtherance of Terrorism. Monica Bicking, Eryn Trimmer, Luce
Guillen Givins, Erik Oseland, Nathanael Secor, Robert Czernik,
Garrett Fitzgerald, and Max Spector, face up to 7 1/2 years in
prison under the terrorism enhancement charge which allows for a
50% increase in the maximum penalty.
Affidavits released by law enforcement which were filed in
support of the search warrants used in raids over the weekend,
and used to support probable cause for the arrest warrants, are
based on paid, confidential informants who infiltrated the RNCWC
on behalf of law enforcement. They allege that members of the
group sought to kidnap delegates to the RNC, assault police
officers with firebombs and explosives, and sabotage airports in
St. Paul. Evidence released to date does not corroborate these
allegations with physical evidence or provide any other evidence
for these allegations than the claims of the informants. Based
on past abuses of such informants by law enforcement, the
National Lawyers Guild is concerned that such police informants
have incentives to lie and exaggerate threats of violence and to
also act as provacateurs in raising and urging support for acts
of violence.
“These charges are an effort to equate publicly stated plans to
blockade traffic and disrupt the RNC as being the same as acts
of terrorism. This both trivializes real violence and attempts
to place the stated political views of the Defendants on trial,”
said Bruce Nestor, President of the Minnesota Chapter of the
National Lawyers Guild. “The charges represent an abuse of the
criminal justice system and seek to intimidate any person
organizing large scale public demonstrations potentially
involving civil disobedience, he said.”
The criminal complaints filed by the Ramsey County Attorney do
not allege that any of the defendants personally have engaged in
any act of violence or damage to property. The complaints list
all of alleged violations of law during the last few days of the
RNC — other than violations of human rights carried out by law
enforcement — and seeks to hold the 8 defendants responsible for
acts committed by other individuals. None of the defendants have
any prior criminal history involving acts of violence. Searches
conducted in connection with the raids failed to turn up any
physical evidence to support the allegations of organized
attacks on law enforcement. Although claiming probable cause to
believe that gunpowder, acids, and assembled incendiary devices
would be found, no such items were seized by police. As a
result, police sought to claim that the seizure of common
household items such as glass bottles, charcoal lighter, nails,
a rusty machete, and two hatchets, supported the allegations of
the confidential informants. “Police found what they claim was a
single plastic shield, a rusty machete, and two hatchets used in
Minnesota to split wood. This doesn’t amount to evidence of an
organized insurrection, particularly when over 3,500 police are
present in the Twin Cities, armed with assault rifles,
concussion grenades, chemical weapons and full riot gear,” said
Nestor. In addition, the National Lawyers Guild has previously
pointed out how law enforcement has fabricated evidence such as
the claims that urine was seized which demonstrators intended to
throw at police.
The last time such charges were brought under Minnesota law was
in 1918, when Matt Moilen and others organizing labor unions for
the Industrial Workers of the World on the Iron Range were
charged with “criminal syndicalism.” The convictions, based on
allegations that workers had advocated or taught acts of
violence, including acts only damaging to property, were upheld
by the Minnesota Supreme Court. In the light of history, these
convictions are widely seen as unjust and a product of political
trials. The National Lawyers Guild condemns the charges filed in
this case against the above 8 defendants and urges the Ramsey
County Attorney to drop all charges of conspiracy in this
matter.
Bruce Nestor, President Minnesota Chapter of National Lawyers
Guild
3547 Cedar Avenue South
Minneapolis, MN 55407
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