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Government Dismisses Case against Four NSA Protesters
Max Obuszewski April 8 2002 |
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WHO: The Baltimore Emergency Response Network [BERN] and Baltimore's Jonah House have been organizing demonstrations at the National Security Agency since 1996. Each year, the protesters request a meeting with the director of the NSA, but are always rebuffed. On October 12, 2001 BERN members Ellen Barfield and Max Obuszewski and Jonah House activists Sister Carol Gilbert, O.P. and Sister Ardeth Platte, O.P. were arrested at the National Security Agency [9800 Savage Road, Fort Meade, Maryland], while trying to deliver a letter to Lt. General Michael V. Hayden, head of the NSA. WHAT: Each demonstrator was arrested and charged with trespass, destruction of government property and conspiracy. On March 22, 2002, the protesters were arraigned by U.S. District Court Magistrate James Bredar . At this hearing, the defendants introduced two motions, one demanding information about the defendants and their organizations held by the intelligence agencies and the other to preserve and protect such information from being destroyed. The federal prosecutor was ordered to respond by April 1. Instead, Adam J. Berlin, Special Assistant U.S. Attorney, filed a motion on April 5 for dismissal of all charges "without prejudice." Judge Brevard granted the motion. WHEN: Monday, April 8, 2002 WHERE: U.S. District Court, Room 1B, 101 West Lombard St. in Baltimore WHY: One can only speculate why the Department of Defense decided to finally prosecute the activists after five months. It is more mystifying why the government then filed a motion to dismiss a few weeks later. The four defendants eagerly awaited a trial so that they could, in some fashion, prosecute the National Security Agency. The activists were aware that the NSA and others were investigating their activities, and testimony to this effect would have been presented during the trial. The Baltimore Emergency Response Network and the Jonah House intend to continue to challenge the National Security Agency in order to expose its cloak of secrecy, its covert actions, confrontations, undisclosed annual budgets and interceptor sites throughout the world. The agency's secret activities actually make this country less secure. So the protests and the arrests at the NSA will continue.
4 Peace Activists in court after arrest at NSA March 23, 2002 The activists arrested at the National Security Agency on Oct. 12, 2001, Ellen Barfield, Max Obuszewski, Sister Carol Gilbert, O.P. and Sister Ardeth Platte, O.P., appeared before U.S. District Court Magistrate James Bredar to be arraigned on charges of trespass [six months/$5,000 fine], destruction of government property [one year/$1,000 up to ten years/$100,000 fine] and conspiracy [one year/$500,000 fine]. The defendants requested a jury trial, but a judge and a date are yet to be set. The defendants filed two motions, which appear below. The judge ordered the prosecution to respond by April 1. It is expected that the government will vigorously oppose the defendants' request for detailed information from the NSA and other government agencies. The government provided the defendants with the Military Police Report for Oct. 12, 2001. Anyone familiar with police reports relating to civil resistance actions will recognize they are exercises in creative writing. The defendants, though, are astonished how weak the case is, despite the untruths in the police report. You will be apprised of further developments.
U.S. District Court
UNITED STATES OF AMERICA: Criminal No. A561114
/MD81, A561115 /MD81, A561116 /MD81, PLAINTIFF March 22, 2002 MOTION TO COMPEL DISCOVERY The defendants, acting pro se, respectfully request that a formal discovery process take place in which the government turns over all audiotapes, documents, files, personal property [a hat, two backpacks, two books, two banners, etc.], transcripts of electronic transmissions and videotapes relevant to the arrest that took place at Fort Meade, Maryland on October 12, 2001. This request would pertain to the following references: Ellen Barfield, Sister Carol Gilbert, Max Obuszewski, Sister Ardeth Platte, the Baltimore Emergency Response Network, the Global Network Against Weapons & Nuclear Power in Space in Gainesville, Florida, and Baltimore's Jonah House. This request for discovery includes information gathered beginning on June 30, 1996 and continues to the present. The discovery process should be compelled to include the following federal agencies: Central Intelligence Agency, Federal Bureau of Investigation, the Pentagon, the U.S. Army, including the Military Police at Fort Meade, the National Security Agency, and the following NSA departments--SSOC, the National Security Operations Center, Facilities Security, Public and Media Affairs and Protective Services. The relevant material should be provided to the defendants in a timely manner, at least a month before the trial proceeds. It will be necessary to determine if indeed all requested material was provided.
U.S. District Court
UNITED STATES OF AMERICA: Criminal No. A561114
/MD81, A561115 /MD81, A561116 /MD81, PLAINTIFF March 22, 2002 MOTION TO PRESERVE EVIDENCE The defendants, acting pro se, respectfully request that the court orders the following government agencies to preserve all documents, files, transcripts of electronic transmissions and other paraphernalia relevant to the arrest that took place at Fort Meade, Maryland on October 12, 2001: Central Intelligence Agency, Federal Bureau of Investigation, the Pentagon, the U.S. Army, including the Military Police at Fort Meade, the National Security Agency, and the following NSA departments--SSOC, the National Security Operations Center, Facilities Security, Public and Media Affairs and Protective Services. This request for the preservation of evidence would include information gathered beginning on June 30, 1996 and continuing to the present. This motion is filed in order to prevent any destruction of evidence, including the shredding of relevant documents. Materials turned over to the defense through discovery will be evaluated to determine if all evidence is available.
March 21, 2002 WHO: Since 1996, the Baltimore Emergency Response Network [BERN] and the Jonah House organize annual demonstrations at the National Security Agency [Fort Meade, Maryland]. See James Bamford's book BODY OF SECRETS, which details the spy agency's response to these nonviolent protests.
As part of the INTERNATIONAL DAY OF PROTEST TO STOP THE MILITARIZATION OF
SPACE, organized by the Global Network Against Weapons & Nuclear Power
in Space in Gainesville, Florida, BERN members Ellen Barfield and Max Obuszewski
and Jonah House activists Sister Carol Gilbert, O.P. and Sister Ardeth Platte,
O.P. went to the National Security Agency on Oct. 12, 2001 despite the fact the
area was on highest alert. At 7 AM, they walked through an open gate to deliver
a letter to Lt. General Michael V. Hayden, head of the National Security Agency,
demanding a meeting. WHEN: Friday, March 22, 2002 at 10 AM WHERE: U.S. District Court, Room 1B, 101 W. Lombard St. in Baltimore WHY: One can only speculate why the government decided to finally prosecute the activists. It is suspected, though, the continued antiwar protests by the NSA Four may have played a role. All four defendants returned to the NSA on Oct. 13 to join a protest. Gilbert and Platte were arrested at the White House, after the U.S. started bombing Afghanistan. BERN organized an antiwar demonstration on Oct. 15, 2001 at the Warfield Air National Guard Base in Middle River, and Barfield and Brian Barrett were arrested. On Feb. 13, 2002, they were convicted of trespass and failure to obey a lawful order, and then served ten-day sentences in Baltimore County. BERN is aggressively protesting Immigration and Naturalization Service's treatment of the September 11 detainees. The four defendants hope to use their trial to expose the NSA cloak of secrecy, its covert actions, confrontations, undisclosed annual budgets and interceptor sites throughout the world. They will argue the secret activities of the intelligence agency actually make this country less secure.
NSA FINALLY GOES AFTER FOUR PEACE ACTIVISTS
Baltimore Emergency Response Network, WHO: The Baltimore Emergency Response Network and Baltimore's Jonah House have been organizing demonstrations at the National Security Agency since 1996. See James Bamford's book BODY OF SECRETS, which details the spy agency's response to these nonviolent protests. As part of the INTERNATIONAL DAY OF PROTEST TO STOP THE MILITARIZATION OF SPACE, organized by the Global Network Against Weapons & Nuclear Power in Space in Gainesville, Florida, BERN members Ellen Barfield and Max Obuszewski and Jonah House activists Sister Carol Gilbert, O.P. and Sister Ardeth Platte, O.P. went to the National Security Agency [9800 Savage Road, Fort Meade, Maryland]on October 12, despite the fact the area was on highest alert. At 7 AM, they walked through an open gate to try to deliver a letter to Lt. General Michael V. Hayden, head of the National Security Agency, demanding a meeting. BERN has tried to obtain a meeting with the director of the NSA each year since 1996. WHAT: However, a security breach alert was sounded, and at least nine vehicles, soldiers with drawn weapons and dogs soon arrived. The NSA officials would not permit a meeting with Gen. Hayden, so Gilbert and Platte poured their own blood on the asphalt to represent all victims of the NSA's work. Obuszewski held a sign "Unmask the Body of Secrets...No Star Wars...Nonviolence Now...International Day of Protest - Oct. 12-13, 2001," while Barfield's banner read "No War On Afghanistan, Iraq, Whomever; No Spying, No Star Wars, Work for Peace, Please!" Each demonstrator was arrested and charged with trespass [six months/$2500 fine], destruction of government property [one year] and conspiracy [five years]. The protesters were eventually released on personal recognizance, but waited almost five months before receiving notice to appear in federal court. WHEN: Friday, March 22, 2002 at 10 AM WHERE: U.S. District Court, Room 1B, 101 West Lombard St. in Baltimore WHY: One can only speculate why the Department of Defense decided to finally prosecute the activists. It is suspected, though, the continued antiwar protests by the NSA Four may have played a role.
All four defendants returned to the NSA on October 13 to join a protest.
Gilbert and Platte were arrested at the White House, after the U.S. started
bombing Afghanistan.
On January 29, 2002 BERN went to Baltimore's Fallon Federal Building to
visit the office of the Immigration and Naturalization Service to protest
the Department of Justice's treatment of the September 11 detainees. Six
BERN members were evicted from the building, and Obuszewski was told he was banned from returning. The four defendants hope to use their trial to expose the NSA cloak of secrecy, its covert actions, confrontations, undisclosed annual budgets and interceptor sites throughout the world. They will argue the secret activities of the intelligence agency actually make this country less secure.
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