Occupying the Courtrooms in the Militarized South

Greg Boertje-Obed, Sr. Megan Rice & Michael Walli

Courtroom solidarity. Its a powerful way to lend support to those comrades in action who face prosecution by the U.S. government for speaking up and pointing out some of the difficult truths of our militarized culture, while taking the risks of nonviolence in action against the war machine. 

Transform Now Plowshares activists—57 year old Greg Boertje-Obed,  83 year old Sr. Megan Rice, and 63 year old Michael Walli traveled far distances by Megabus to appear at a preliminary hearing in Knoxville, Tenn on Feb. 7 on a Motion to Dismiss the additional charge of injuring national-defense premises, a felony sabotage charge. The three,  unarmed and determined, walked miles into the Y-12 bomb plant on Feb. 28, 2012,  defeating "deadly force" security  to expose the grave dangers to humankind posed by ongoing production of weapons of mass destruction.

Attorneys for the Defendants argued the new charge is unconstitutional because it adds 20 years of potential prison terms simply because the defendants chose to pursue a jury trial to air their beliefs and "constitutes unconstitutional vindictive, wrongful and selective prosecution." 

Frank Adams, Coleman Smith & Chris Irwin outside courthouse

Federal Magistrate C. Clifford Shirley later denied the defendants' motion to dismiss sabotage charge.  According to Frank Munger's Atomic City Underground blog, the case has been reassigned to Judge Amul R. Thapar, a U.S. District Court judge for the Eastern District of Kentucky, but there was no indication of where the trial will be held or if the currently scheduled trial date of May 7 will be moved.

There have been many court appearances since the July 28, 2012  action in Oak Ridge Tenn. that unmasked the fundamental insecurity of the U.S. nuclear arsenal and its bomb-grade uranium storage facility in Oak Ridge. Don't let court delays and media blindness obscure the importance of this case.
 

OREPA's Eric Johnson holding forth in courthouse lobby

Next Action: Gather at the Friendship Bell at Alvin K Bissell Park in Oak Ridge, Tenn. at 12:30pm on April 6 to walk to the Y12 Nuclear Weapons Complex. The rally will include music, drama, and more and will begin outside the gates of the bomb plant at 2:00 p.m. For Info: Oak Ridge Environmental Peace Alliance. 

OREPA’s spring Action for Disarmament will focus on the government’s plan to spend $8 billion on a bomb plant to build more bombs at the same time the President is preparing to sign a directive to reduce the stockpile by one third.  

Atty. Bill Quiqley speaks flanked by  NAACP Edward Dubose & Nashua Chantal

               In Columbus, Ga. on March 13, 2013, yet another peaceful protestor was put on trial by the U.S. government for a symbolic act of dissent against the counterinsurgency terror taught at the U.S. Army School of Americas (WHINSEC).

Nashua Chantal was prosecuted by a young woman JAG officer who called for the maximum sentence. He was summarily found guilty and sentenced to six months imprisonment in an alarmingly perfunctory manner by U.S. Magistrate Judge Stephen Hyles.

A circle of support at Americus Mennonite Fellowship

Nashua, a 60 year old carpenter, craftsman and civic volunteer living in Americus, Ga., crossed over the fence at Fort Benning, Ga. on November 18, 2012, at the 22nd annual School of Americas Watch vigil.  Nashua was unarmed & and dressed symbolically as a sad clown.

Following a heartfelt pre-sentencing statement, this brave human rights defender was shackled and taken away as courtroom supporters sang, "Courage, Brother. You do not walk alone.  We shall walk with you and sing your spirit home".

Nashua crossing over. Nov. 18, 2012.     Photo: Mike Haskey

Human rights activists from throughout the country  joined with members of the Americus Mennonite Fellowship for a meal and moving send off the night before trial, and many joined a procession to the courthouse on the morning of the trial.

Still from Military video of  clown capture inside Fort Benning

Nashua, who has served time in a Yazoo, Miss. prison for a previous peaceful protest at Fort Benning, joins with 300 others (including this author) who have challenged the morality and legality of the counterinsurgency torture training of the U.S. Army School of Americas (WHISEC) with civil resistance.  Collectively we have served over 100 years prison time.  Write Nashua at this address:

Robert Chantal, #5340
Lee County Sheriff's Jail
P.O. Box 2407
Opelika, AL 36804

and check the SOA Watch. website for updates and Action opportunities.

Judy Collins of Lanett,Ala. sings for Nashua

Photos & Story by Clare Hanrahan
Keep us writing & posting. Your comments, contributions (we really need a laptop),  and support keeps us on the ground in the Southeast.

Thanks to Monica T., Kasha B., Redmoonsong, & Ellen T. for ongoing support and to Anne G. for camera! For on the road accomodations, thanks to:  Vine & Fig Tree Community & Americus Mennonite Fellowship.

Gaining Ground In The South - More Action, Training, and Collaboration

Surveillance of Activists: Democratic National Convention

        In previous posts we have introduced War On The Earth!  our presentation which details the environmental impact of militarism in Atomic Appalachia and the Southeast.  It shows how the many parts of the  Military Industrial Complex and the Global Economic War Machine work together.  The surveillance state is an integral part. 

Coleman Smith with Lynne Newsome, 
Quaker House Director

In our work, we offer to collaborate with other like-minded groups, supporting our mutual work by using this presentation as an  organizing and outreach tool.  As we stimulate conversation and  homegrown action ideas for peace and justice work in Southeast, we are supporting a network of war resisters throughout the region. 

Chuck Fager, Outgoing Director of Quaker House

We were invited by the Fayetteville-based Quaker House to participate in the Forgotten Issues. Unheard Voices exhibit at the Democratic National Convention in Charlotte, N.C. 

We showed War On The Earth! during  the afternoon seminars and helped with hanging the exhibit detailing the history and work of Quaker House over the years.
       
We've also presented to groups such as  The Ethical Culture Society of Asheville, NC, the Occupy Caravan,  Hilton Head (S.C.) Islanders for Peace, the Carolina Peace Resource Center in Aiken, S.C. , and we helped with planning of the 30th annual Alternative New Year gathering at  the Kings Bay, Georgia, Trident Nuclear Submarine Base.
  
In addition to providing Nonviolent Action Trainings, and our work with Occupy Asheville's NV Direct Action Trainers Group, we also published an educational Action Zine through our DAWG'Gone South Productions, available as printed copy or in a PDF download. Contact us at newsouthnetwork@gmail.com. 
  

Chattanooga:  Mixing It Up at "Fountain of Youth" !

War On Earth!  continued to startle, educate, and move  audiences at other Southern gatherings as diverse as the Chattanooga, Tenn. Know Nukes Ya’ll Conference.

  Affinity Group and Spokes Council Structure Workshop

When working in a community with many temperaments, talents, and convictions, the question of "...How far are you willing to go using what tactic in a direct action?"  is at the root of an exercise which encourages people to talk about their decisions to picket and write letters rather than physically blockading an Applachian strip mining site or sitting in a tree to halt construction of the Keystone Pipeline.   

"How do we best challenge an unjust law or point out the injustice of a particular act?"
This is a question raised often in our strategy sessions.

Clare Leads Exercise on Diversity of Nonviolent Tactics

Center of BOA's Universe

One reason we fight BOA

 May 9, 2012 Bank Of America 
National Day of Action in Charlotte.


Banking giant BOA is one of the worse offenders in the collapse of our housing market due to it's over selling of mortgages to families who could not afford them. But BOA made out like a bandit when it led the way in foreclosures of these same mortgages.

Asheville Activists Debra Lee & Cathy in Charlotte

Avram Friedman of Canary Coalition 
 on task with documentation

After participating in statewide networking and supporting Nonviolent Direct Action trainings prior to the May 9th BOA action, representatives from Asheville and Western North Carolina made a strong appearance at the Day of Action Against Bank of America with activists on the ground, technical support through Message Design, Signage, and Art Build, Legal Observers, Street Medics, and several affinity groups taking direct action from Street Theater to Civil Disobedience.

         Asheville Street Medics  
CoreyPine (center) & Eva (right)

Legal Observers Hanrahan and Smith 
Hold the Line at BOA Action

War Tax Resisters gather around their message

The National War Tax Resistance Coordinating Committee met in Chicago in May.   

We joined with 7,000 marchers at the NATO summit as part of our weekend gathering, adding the strong voice of those who refuse to pay for the wars.

 Forming Ranks to tell NATO and US why we fight.

 





May 2013 will find the War Tax Resisters in Asheville. Stay tuned for details of an exciting and informative weekend of workshops, education & action.

23 Square Mile Hobet 20 Mine Site in West Va.

Nonviolent Civil Resistance against the 23 square mile Hobet 20 Moutain Top Removal operation in West Virginia.


Late July found us engaged with almost 120 Mountain Justice activists of all ages, genders, and experience camped and trained for a week in preparation for occupying the largest open pit coal mine operation in the state.

Practicing a body blockade for Nonviolent Intervention

 
New South Network helped by setting up and running the messaging, signage and art build. We were also on call as Legal Observers and walked on to the mining site with 50 others to shut down the operation for most of a day. Read more here

Messaging, Signs & Art Build at Action Camp

Mountain Justice Warriors Face Off Against Goliath (Photo from: R.A.M.P.S.)

 

2012: On The Ground - Action, Collaboration & Training

Hilton Head Activist Jan Gagner with her Iconic 1960s Photo 

2012 was another busy year  of travel, presentations, trainings,  and actions for the New South Network of War Resisters. Here are some highlights.

Field organizers Clare Hanrahan and Coleman Smith have been on the road in the S.E. region presenting  “War On The Earth! Environmental Impact:Atomic Appalachia and the Militarized Southeast.”   

This factual  indictment of the environmental impact of the Military Industrial Complex (MIC) in the Southeast is a product of our extensive research, as well as our insights as Southern grassroots organizers, Nonviolent Direct Action Trainers and Legal Observers. The presentation is continually improved by critical feedback, local knowledge and clarifying  questions from students and activists in peace and justice organizations, Environmental Justice classes at colleges and universities, and church and civic groups throughout the region.

Mary Sullivan at Hilton Head Weekly Vigil

Throughout 2012 our "War on the Earth!" presentation was used as an outreach activity and organizational tool for various groups, including the Ethical Culture Society of Asheville, Hilton Head Islanders for Peace,  Aiken(S.C.) Peace, (click here for video) and the Alternative New Year gathering at Kings Bay, Georgia, the Atlantic port and support base for the Trident Nuclear Submarine.

Long Haul Peace Warriors at the Alternative New Year

  
"War on The Earth"  exposes militarisms' toxic legacy  which continues to devastate the people and culture of the Southeast U.S. and the ecological harm from the manufacture and storage of conventional high explosives, production of incapacitating and nerve agents, contamination from rocket fuel, manufacture of weaponized uranium ordnance, thermo-nuclear weapons and commercial nuclear power with the resulting massive accumulations of radioactive waste. 

"War On The Earth!"  is also a history lesson on the scope and depth of the MIC’s social, economic, racial and cultural injustices thrust upon the South,  revealing the cumulative impact of the MIC's wasting of an entire region and the resulting social, economic, and cultural accommodations.  "War on The Earth!"  looks beneath the surface of  these societal manipulations of the Southeast region in the name of War, National Sacrifice, and Profiteering by the Global Economic War Machine and stimulates dialog and explores effective action opportunities.  Connect with us to schedule a stop on our Spring 2013 road trip.  

New South Network of War Resisters also collaborate on many fronts where local and regional action,  training and legal observing is called for.

Occupying Nuclear Regulatory Hearing in Gaffney, S.C.

• Gaffney, S.C. - Exhibit and "Mike Check" Presentation at Nuclear Regulatory Commission hearing concerning Duke Energy’s proposed W.S. Lee Nuclear Power Plants I & II. (Jan. 19)

• Occupy Charlotte, N.C. called on New South Network to facilitate Nonviolent Action Trainings in January.

  

  Smith with Charlotte Occupiers

 

Citizen Journalist "Not Guilty!" Lisa, Ben & Sonny

• Occupy Asheville. Throughout the year we donned the green hats of National Lawyer's Guild Legal Observers to provide ongoing support for various actions, including Occupy Asheville's numerous  court dates. Lisa Landis, a citizen journalist, selected for prosecution, appealed her sentence and prevailed in a jury trial.

Asheville Homeless Network called upon Legal Observers

Lisa Fithian shares a trainer's wisdom in Asheville part of 99% Spring Training

• New South Network hosts  speakers and workshops in the vintage Battery Park Hotel rooftop room.

• Western North Carolina War Tax Resisters gathered in April to picket at the post office and provide informational literature. Hanrahan spoke at a Tax Day gathering in Asheville's Pritchard Park.

  


 

• We also joined in the Oak Ridge Environmental Peace Alliance's April march and rally to the Y-12 Nuclear Weapons plant.    
• Stay tuned to Action South for more stories and photos of our local collaborations and travels in the region.  Comments welcome!

Photos & Report by Clare Hanrahan & Coleman Smith.

Thanks to our loyal supporters who help keep us fueled and equipped for the work.

If anyone has a functioning computer we sure could use an upgrade.  Contact us here 

Occupy Asheville celebrates our Legal Defenders

Steve Norris & Ben Scales celebrate resistance

On the occasion of Occupy Asheville's Thank You celebration for Ben Scales, our tireless pro bono lawyer and rousing singer and songwriter.  Thanks to Rosetta's for the great meal and for once again opening the doors to Occupy Asheville. And to all the folks who helped bring this revival celebration together!

"If you've been to jail for justice, I want to shake your hand..."

      Martin Luther King, Jr. understood that “Sometimes a law is just on its face and unjust in its application.” 

     Dr. King was arrested and jailed on numerous occasions on a charge of “parading without a permit.”

      On its face an ordinance requiring a parade permit, or a curfew in a public park, even a" No Trespass" sign, may, at times,  be understandable and just, but as the civil rights warriors understood, such laws become unjust when used to curtail or deny 1^st Amendment privileges of peaceful assembly and protest.

       “Political demonstrations on public streets and sidewalks are a cornerstone of American democracy,” the State ACLU asserted when challenging Asheville’s “exorbitant” and “unnecessary”  $1,500 demanded for “fees and services” in 2006 for an Immigrant Rights May Day march. ACLU lawyer Frank Goldsmith, stepped forward to challenge this and won.

      Over the years, the persistence and willingness to risk arrest of numerous individuals and groups, including Women in Black and Veterans for Peace have established and sustained a weekly presence in the center of Asheville, helping to keep Vance Monument as a “traditional forum” for free speech and assembly. 

Occupy's eldermen listen to speeches

Every street corner and public square of every U.S. City should be reclaimed and sustained for the people's expression of dissent—“the cornerstone of American Democracy.

     Asserting 1^st Amendment rights has been a large part of the Asheville Occupy movement. And it hasn't been without cost.

       We learned early on in occupy, thanks to the advice of Attorney and Occupy volunteer Jenifer Foster, that language is everything when it comes to how we mobilize:  A moving picket, single file and mindful of traffic lights and not impeding pedestrian passage, was and is allowed.

      But stepping out into the street, inconveniencing the orderly movement of automobiles, in a spontaneous  expression of dissent, as Occupy Asheville did on Nov. 2, 2012, can set into motion some disturbing civil liberty violations.

     As the system gets more aggressive in the face of the people’s resistance. As government infiltration  is uncovered, as activists are targeted for reprisals. We need to be smart. We need to support each other. We also need the help of trained legal professionals to advise us and to stand with us when ever anyone of us has to face the system.

Bev & Grace hold the ground

     When we step out of the orderly lines and take to the streets to challenge injustice, the system fights back. A Legal support Team is critical to our movements for change.  And we have the beginnings of a comprehensive team here in Asheville. 

      When the arrests came down in Occupy Asheville, Ben Scales stepped up.

      In November 2, 2011, Occupy Asheville marched  to Vance Monument and stood vigil in solidarity with Occupy Oakland and the excessive force of police violence.

      That night, 24 occupiers stood their ground in a disciplined and moving challenge to the 10 p.m. Curfew.

      On November 11, 4 U.S. veterans also stood up for our 1^st Amendment freedoms—freedoms they had sworn to protect.  They were arrested and led off in handcuffs.

     And for weeks after, the arrests continued:

Others, identified from police video, were singled out and  picked up on warrants with bogus charges of

     “Resisting public officers, impeding traffic, unlawful assembly.”

Susan, James, TJ and others at Rosettas

     Sometimes the charges we face bear no resemblance to the actions we have taken.  It is important to know our rights and weigh the risks.

     A National Lawyers' Guild trainer speaking at a Mountaintop Removal Coal Mining demonstration last year in West Virginia advised us:

     “This is your Know Your Rights Training: You have none.  End of Training.”

     To this he added:  “Don't snitch. Cops Lie. Shut Up. Get a lawyer.”

     When Occupy Asheville's arrests came down, aren't we glad Ben Scales stepped up!

     At many Occupy Asheville and other public demonstrations over the past year, National Lawyers' Guild Legal Observers have been present—trained by another lawyer who stepped forward:  WNC ACLU president Curry First.  Legal Observers are part of a comprehensive legal support network designed to enable people to express political views as fully as possible, without unconstitutional disruption or interference by the government and with the least possible consequences from the criminal justice system.

     And when, one after the other, Occupy Asheville participants had our day in court,  Legal Observers were there, and some of us were called to the stand as witnesses.

     Ben Scales, serving without pay as our attorney of record, helped defend us in court and advise those of us who opted to serve as our own attorney for our Pro Se defense.  Together we challenged the system. Together we learned a little bit more about the fundamental injustices that persist.

     On Valentines Day 2012 City Council voted 6-1, to extend the boundaries of Pack Square Park to cover the patch of land once filled with the tents of Occupy Asheville campers. Council designated that area and the one in front of Vance Monument "public forums" exempt from the park's 10 p.m. curfew. Under the new rules, protesters can now demonstrate 24/7 at both spots, but they can't camp.

 

Lindsey & Milton

     Every street corner and public square of every U.S. City should be reclaimed and sustained for the people's expression of dissent—“the cornerstone of American Democracy.”

     Another City Ordinance essentially further criminalized homelessness, banning camping and storage of personal property on city land.

      Our work is not over.  But tonight, we gather to say Thank you to Ben Scales for standing with us, and to all the others who came forward and took a stand.  We gather tonight to encourage one another and to say again that solidarity is critical in these movements for change. 

      As Tolstoy, that great Russian anarchist wrote:  “Standing up for your rights as a rational and free person, and defending them …without any concessions and compromises, is the only way in which moral and human dignity can be defended.”

“Only people who have something which they will on no account and under no circumstances yield can resist a government and curb it.  To have power to resist you must stand on firm ground.”

Our 1^st Amendment Rights to free speech and to peacefully assemble and petition government for redress of grievance are our Constitutionally protected firm ground. We must not yield.

Get up. Stand Up. Stand up for your rights. And remember:  “Don't snitch. Cops Lie. Shut Up. Get a lawyer.”

Remarks at Occupy Asheville gathering and celebration of our pro bono legal counsel, Ben Scales.

January 20, 2013  By Clare Hanrahan, Occupy Asheville Nonviolent Direct Action Trainers Group