Courts

Ten Resisters Speak Truth To Power In The Courtroom

March 16, 2017 Max Obuszewski, www.PopularResistance.org Resist! Courts, Drones, Wars and Militarism

By Max Obuszewski for Popular Resistance. According to Baggarly, “After leaving the courtroom, the assistant prosecutor, who had been nodding in agreement during much of our time speaking, thanked us very much for the education.” Embroski also indicated he would try to return the Dan Berrigan cut-outs and the banner which the police confiscated. Unfortunately, the defendants did not file a Motion to Preserve the Evidence. This would have forced the police to bring the banner and the cut-outs into court. It would have been a sight to see Dan Berrigan back in a courtroom. The eloquence of the defendants’ sentencing statements seemed to have an effect on Judge Davis. I sensed that he was touched by the sincerity of the statements. And for sure, there was a lot of speaking truth to power in a courtroom in Alexandria, VA, on March 2, 2017.

We’ll See You In Court, 2.0: Once A Muslim Ban, Still A Muslim Ban

March 7, 2017 David Cole, www.justsecurity.org Resist! Courts, Muslim Ban

By David Cole for Just Security - If a Muslim Ban is cleaned up to exclude Iraq, exempt lawful permanent residents and other current visa holders, is it still a Muslim ban? That’s the question presented by President Donald Trump’s decision to replace his original executive order, enjoined by the courts, with a new one. The administration’s decision to abandon the old order is wise; every judge but one who had reviewed it found it raised grave constitutional concerns. The new order will be less catastrophic in its roll-out than the first, both because it exempts those who already have visas and because it will not go into effect until March 16. But it’s still religious discrimination in the pre-textual guise of national security.

Spain Sets Massive Precedent — Charges Its Central Bankers In Court

February 22, 2017 Claire Bernish, www.activistpost.com Resist! Banks, Courts, Spain

By Claire Bernish for Activist Post - First, Iceland, and now Spain has taken on the Big Bankers responsible for financial calamity, as the country’s highest national court charged the former head of Spain’s central bank, a market regulator, and five other banking officials over a failed bank leading to the loss of millions of euros for smaller investors. This, of course, markedly departs from the mammoth taxpayer giveaway — commonly referred to as the bailout — approved by the U.S. government ostensibly to “save” the Big Banks and, albeit unstated, allow the enormous institutions to continue bilking customers without the slightest fear of penalty. Errant bankers and financiers, it would seem, typically manage to either evade actually being charged, or escape hefty fines and time behind bars. Spain’s Supreme Court last year ruled “serious inaccuracies” in information about the listing led investors to back Bankia in error, thus the bank has since paid out millions of euros in compensation.

FERC4 Will Conduct Their Own Defense At June Trial

February 20, 2017 Fossil Free Rhode Island, www.http://rifuture.org/ Resist! Courts, FERC, Fracking

By Fossil Free Rhode Island for IR Future - , D.C.—At the status hearing today in Superior Court of the District of Columbia, three of the FERC4, Peter Nightingale of Kingston RI, Claude Guillemard of Baltimore, MD, Ellen Taylor of Washington, D.C., and Donald Weightman of Philadelphia, PA, committed to representing themselves at their criminal trial, scheduled for June 21, 2017. The FERC4 were arrested with three other activists during a peaceful protest at the headquarters of the Federal Energy Regulatory Commission (FERC) in May, 2016. The action was part of the Rubber Stamp Rebellion, a demonstration led by the activist group Beyond Extreme Energy. The FERC4 have been charged with “unlawful entry,” Attorney Mark Goldstone will advise the FERC4 and represent Ellen Taylor, who stated: “We need to show the world that FERC is on trial.”

We Are Willing to Spend Time in Jail Fighting for Environmental Justice

February 19, 2017 Emily Johnston, www.alternet.org Resist! Climate Change, climate crisis, Courts

By Emily Johnston for Alternet. This will not be an easy fight. There will be many tragedies. But for a very short period of time, it’s still within our power to avert devastation. We can demand a decent future, one in which we move with the utmost speed and care to clean energy, and with the utmost compassion to manage the displacement that climate change is already causing. My friends and I are willing to spend time in jail to be part of that fight. We think it’s our responsibility—especially because we’re older white people, and thus much less likely to face police violence, and less likely to have our families or professional lives derailed by a conviction. And in every community we’ve spoken to—perhaps most especially the churches—people tell us they’re willing, too. We only have this one chance. We only have a few years. This is the time to ask, what are the ways that you can fight—for your loved ones, and for all the vulnerable people and creatures of this beautiful world? Will you look away, or will you do all you can to save this world?

Extreme Enforcement Abuse At Standing Rock & Where It’s Going

January 29, 2017 Dahr Jamail, www.truth-out.org Educate! #NoDAPL, Courts, Criminal Justice System, Indigenous Resistance, Police abuse, Standing Rock

By Dahr Jamail for Truthout. What are your concerns with the Trump administration as to how much worse this could become, particularly after his recent executive order? Trump has been an investor in the pipeline. He says he's decreased his investment, which I question. He's made the construction of pipelines and general fossil fuel development a large part of his program. I think he'll make Standing Rock a target. Instead of the Army Corps of Engineers having a new EIS [Environmental Impact Statement] done, as it is calling for, he'll erase that, and tell the pipeline if they drill under the lake they won't be prosecuted anyway. I fear that law enforcement will feel they have a free hand to use excessive, and possibly lethal, force on the Water Protectors.

Changing Bail Policy For Misdemeanors Isn’t Enough

January 15, 2017 Jarvis DeBerry, www.nola.com Create! Bail, Courts, Criminal Justice

By Jarvis DeBerry for The Times-Picayune. If ours is a country where people are presumed innocent until they're proved guilty, then we shouldn't demand that criminal suspects dig into their pockets to get out of jail before they are tried. If we are legitimately afraid that some suspects are a threat to the public, then we shouldn't be comfortable with them getting out before trial no matter how much money they can pay. In March, Loyola law professor Bill Quigley wrote about two Texas church ladies who spent almost a week in jail in New Iberia on the suspicion that they pilfered two hot dogs, milkshakes and an Icee from a convenience store. Even though they drove the 400 miles from Dallas to plead not guilty and present receipts they said proved their innocence, the judge decided that because they were from out of town, he needed to set bail to guarantee their appearance. He expected the women to come up with $1,740 each. They stayed in jail until an attorney in town heard about their plight and paid for their release.

Historic Injustice Against Water Defenders In ND Courts

January 1, 2017 Barbara With and Rebecca Kemble, www.wcmcoop.com Resist! #NoDAPL, Courts, Due Proecess, Human Rights, Pipelines, Police abuse, Prosecutorial Abuse, Right to counsel, Water Protectors

By Barbara With and Rebecca Kemble for Wisconsin Citizens Media Cooperative. According to Angela Bibens, an attorney from Colorado and a member of the Water Protector Legal Collective (WPLC), the conditions of North Dakota’s legal system at present are making it impossible for fair trials to take place due to several factors. The Morton County Sheriff’s department made the decision to take a hard-line, militarized position in its response to the nonviolent activities of unarmed water protectors. This includes the use of water cannons, flash bang canisters, rubber bullets, and mace, which resulted in hundreds of water protectors being injured at the front lines. As of August 19, 2016, there were just 28 DAPL-related arrests. By mid-December, 500 more people have been arrested and charged. This was a crisis of their own making, which has cost the state over $17 million in law enforcement fees.

European Court Of Justice Rules Against Mass Surveillance

December 23, 2016 Staff, www.dw.com Resist! Courts, Europe, Mass Surveillance

By Staff of DW - The ECJ has ruled that governments cannot force telecom firms to keep all customer data. The ruling, which says the laws violate basic privacy rights, comes as governments call for greater powers for spy agencies. The Court of Justice of the European Union (ECJ) ruled on Wednesday that laws allowing for the blanket collection and retention of location and traffic data are in breach of EU law. In their decision, the justices wrote that storing such data, which includes text message senders and recipients and call histories, allows for "very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained."

Major New Court Ruling Says “Even The President” Can’t Declare Torture Lawful

October 25, 2016 Alex Emmons, www.theintercept.com Educate! Courts, Law, Torture

By Alex Emmons for The Intercept - IN A ROBUST RULING in favor of Abu Ghraib detainees, an appellate court ruled Friday that torture is such a clear violation of the law that it is “beyond the power of even the president to declare such conduct lawful.” The ruling from a unanimous panel of judges on the Fourth Circuit Court of Appeals reinstates a lawsuit against a military contractor for its role in the torture of four men at the notorious prison in Iraq.

Anti-Nuke Priest Still Is Spreading The Word — And Red Paint

October 25, 2016 Donald Bradley, www.kansascity.com Resist! Courts, Nuclear Weapons, Protests

By Donald Bradley for The Kansas City Star - When the judge called the defendant’s name for the last hearing of the day, a gruff and hearty “Here!” came from the back of the courtroom. The Rev. Carl Kabat, a Catholic priest, rose and walked to the front of Courtroom G. He’s 83, used a cane and wore white sneakers. He wasn’t looking to beat the rap. He was looking for a fight.

ACLU Demands Secret Court Hand Over Crucial Rulings On Surveillance Law

October 22, 2016 Nadia Prupis, www.commondreams.org Organize! ACLU, Courts, Surveillance

By Nadia Prupis for Common Dreams - The American Civil Liberties Union (ACLU) has filed a motion to reveal the secret court opinions with "novel or significant interpretations" of surveillance law, in a renewed push for government transparency. The motion, filed Wednesday by the ACLU and Yale Law School's Media Freedom and Information Access Clinic, asks the Foreign Intelligence Surveillance Act (FISA) Court, which rules on intelligence gathering activities in secret, to release 23 classified decisions it made between 9/11 and the passage of the USA Freedom Act in June 2015.

Norwegian Youth Taking Gov To Court Over ‘Unconstitutional’ Arctic Drilling

October 21, 2016 Lauren McCauley, www.medium.com Strategize! Arctic drilling, Constitution, Courts, Norway

By Lauren McCauley for Common Dreams - Taking a page from young people in the United States and elsewhere who are standing up for their right to healthy environment, Norwegian youth on Monday filed suitagainst their country's government for expanding Arctic oil drilling despite increasingly dire warnings about the impact such activity is having on the planet's climate. The plaintiffs, which include Greenpeace Norway and the nation's largest youth-led organization, Nature and Youth,

Appeals Court Takes Up #NoDAPL Case As Pipeline Remains In Limbo

October 7, 2016 Staff, www.indianz.com Organize! #NoDAPL, Courts, Pipelines

By Staff of Indianz - The leader of the Standing Rock Sioux Tribe continued to call for prayers as a federal appeals court heard arguments in the closely-watched #NoDAPL lawsuit. The D.C. Circuit Court of Appeals did not issue a decision after more than 90 minutes of arguments on Wednesday morning. But Chairman Dave Archambault II said it was "clear" that the Dakota Access Pipeline poses a significant threat to his people.

Europe’s Top Human Rights Court Considers Legality Of Actions By Edward Snowden

October 4, 2016 Ryan Gallagher, www.theintercept.com Educate! Courts, Edward Snowden, Europe, Whistleblowers

By Ryan Gallagher for The Intercept - HUMAN RIGHTS GROUPS have launched a major new legal challenge over mass surveillance programs revealed by the National Security Agency whistleblower Edward Snowden. Ten organizations — including Privacy International, the American Civil Liberties Union, and Amnesty International — are taking up the landmark case against the U.K. government in the European Court of Human Rights (pictured above).

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