Works In Progress - June 2006 - Update on the "Green Scare" and Defending Civil Liberties

Olympia Civil Liberties Resource is an Olympia-based organization working to defend the civil liberties of all citizens -- particularly activists exercising their constitutional rights. OCLR seeks to educate the public regarding current threats to civil liberties, and to act as a general resource for activists. Our website is http://www.olycivlib.org . Our email address is olycivlib@riseup.net

Olympia Civil Liberties Resource is here to help you obtain community and legal support if you are a target of FBI intimidation or grand jury proceedings. Our civil liberties hotline is (360) 556-6878

The federal government is investigating a series of arsons attributed to environmental and animal rights activists. No one was injured in any of these events, yet the defendants are being called "eco-terrorists" in the media. The government is using the "T" word as a license to suspend civil liberties and employ the USA Patriot Act. The government is employing grand juries to interrogate activists, a misuse which violates the U.S. constitution and is counter to the original intent in the creation of the grand jury. The grand jury and FBI tactics have a chilling effect on free speech and even legal expression of dissent. The government preys on an atmosphere of fear to intimidate citizens into answering questions about the activist community that may be beyond the scope of the investigations. There is a long history of not cooperating with a grand jury on the basis of upholding constitutional and civil rights. A grand jury threatens constitutional protections in numerous ways, including circumventing the 4th, 5th and 6th amendments and violating the 1st amendment. When targeted against social movements, grand juries are a tool of political repression used to gather any and all information on a particular social movement.

On May 18, in Eugene, OR, activist and nursing student Jeff Hogg became the first person to be jailed for refusing to cooperate with a grand jury in the recent wave of earth liberation cases dubbed the "green scare". Jeff had received a subpoena to testify as a witness. Jeff spoke at a rally before entering the courtroom and was joined by supporters including Alejandro Queral of the NW Constitutional Rights Center and Lauren Regan of the Civil Liberties Defense Center. Incarceration for contempt of court, by law, is intended to compel testimony rather than to punish. In Jeff's case, however, he has made a statement that he will not be compelled to testify and that he is refusing to cooperate on the basis that the grand jury is unconstitutional. Therefore, his continued incarceration is punitive, which is a violation of the law. Jeff has not actually been charged with a crime, and he would be released if he cooperated with the government investigation. Jeff's strength in resisting the grand jury and refusing to inform on activists in his community is an example for us all.

Jeff Hogg made this statement before he was jailed for refusing to cooperate:

"Today I am being forced to choose between betraying social change movements or going to jail without committing a crime. It's not a fun choice to make and it makes me question everything I believe in. I'd like to finish my first year of nursing school and enjoy the nice sunny weather this summer. However, I will not be coerced by the government to give up my principles. Unfortunately, I will probably not be the last person subpoenaed by this grand jury. So I ask you to think about what if it was you or someone you are close to? I feel very supported by this community and I don't think I would be better supported anywhere else. Only by showing solidarity and strength will we overcome those who coerce and intimidate."

You can write to Jeff at this address: Jeffrey Hogg #1065518, Lane County Jail, 101 W 5th Ave, Eugene, OR 97401 USA

How Olympia Civil Liberties Resource Can Help You

If you choose to resist the grand jury or FBI interrogation, Olympia Civil Liberties Resource is here to provide you with any information you need, including what your rights are and other legal assistance. If you choose not to cooperate with a grand jury, you can be jailed for contempt of court for the duration that the grand jury is convened, up to 18 months and possibly longer in special circumstances. Olympia Civil Liberties Resource can help you obtain a pro-bono lawyer, organize to generate community support and awareness around your resistance and its legal implications, and publicize your case in both grassroots and mainstream media, if you so desire. Our intention is to provide a basis of support so that a person does not feel isolated and without support when one is targeted by the government. If you choose not to cooperate, you may do so knowing that you have support and many of your needs may be addressed by your supporters and the community. If you appear before a grand jury and answer questions, you will be called as a witness for the prosecution in a federal court trial.

Olympia Update on the Green Scare, May 25 2006

The FBI has been knocking on doors in Olympia to try to get information on people in the activist community. Please remember you have the right to remain silent! Even if you are innocent, if you choose to cooperate with the FBI or grand jury you may incriminate yourself or others. Olympia Civil Liberties Resource anticipates that Olympia residents will receive subpoenas to testify before a grand jury to answer questions about the activist community. When this occurs, we are prepared to support you if you choose not to cooperate.

Several people in Olympia have cooperated with the FBI and answered questions. The community does not know the extent of their testimony. So far, no one has received a subpoena to the grand jury in Seattle, but the grand jury issued new indictments on May 11.

Briana Waters' trial has been postponed indefinitely. She was originally scheduled to go on trial in Seattle on June 5. A former Olympia resident, Briana Waters is so far the only defendant in the recent earth liberation cases who is scheduled for trial in Washington State. Briana is charged with "use of a destructive device" in relation to the May 21, 2001 arson at a UW horticulture laboratory.

Two others have been indicted in the incident: Justin Solondz has not been apprehended, and William Rodgers committed suicide in custody in Arizona in December. Both are former Olympia residents. If convicted, Briana Waters and Justin Solondz face a mandatory minimum sentence of 35 years. Two alleged arsonists in the UW incident have not been named by prosecutors. These are possibly cooperating witnesses whose testimony has contributed to the indictments.

The Seattle grand jury also indicted Josephine Sunshine Overaker and Kevin Tubbs in relation to the 1998 arson two Olympia area USDA Animal Damage Control facilities. Both have already been indicted in relation to other incidents of alleged sabotage. Tubbs is in custody in Oregon awaiting trial for previous charges and has been designated a cooperating witness by the prosecution. Overaker has not been apprehended.

In April, Olympia residents Nathan Block and Joyanna Zacher were charged with involvement in the second arson at Romania Chevrolet Truck Center in Eugene. Both Joyanna and Nathan were arrested in Olympia on March 23, 2006 and charged in relation to a 2001 alleged arson at Jefferson Poplar Farm in Clatskanie, OR. Nathan and Joyanna both now face 47 arson charges, one attempted arson charge and two "use of a destructive device" charges. If found guilty on all counts they face a mandatory minimum sentence of 65 years imprisonment.

Upcoming Events:

June 9-11 Weekend of Resistance Against the Green Scare: Olympia events will include:

June 9: Reclaim the streets parade and party beginning 4 pm at Heritage Park!! Bring noisemakers and

marching/dancing shoes! There will be music and also speakers!

June 10: Educational forum about the Green Scare, the PATRIOT ACT and its legal impact to civil liberties. 4-6 pm at Friendship Hall, Olympia YWCA 220 Union Ave SE

Also on June 10 in the evening there will be a benefit concert for Nathan Block and Joyanna Zacher, two Olympia residents who are in custody in Oregon awaiting trial. This event is at ABC House, 104 Sherman St. SW. Details TBA. For more information email supportersofnathanandjoyanna@gmail.com

The Weekend of Resistance is an international solidarity response to the call made by activist and prisoner, Jeff "Free" Luers. Learn more at http://www.freefreenow.org