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Good work Ashcroft. Sailor-mongering is one of the biggest threats to our national security!
http://www.fortwayne.com/mld/fortwayne/8441485.htm
Activists' case goes to trial by U.S. jury
BY ANN W. O'NEILL
South Florida Sun-Sentinel
FORT LAUDERDALE, Fla. - (KRT) - A federal judge in Miami on Thursday refused to dismiss charges against the environmental group Greenpeace but ruled a jury should decide the unique case that could provide a legal test of the limits of political dissent.
The federal government has invoked an obscure 1872 "sailor-mongering" law to bring charges against the public interest group. Greenpeace maintains it was targeted for prosecution because it has been critical of the Bush administration's environmental policies.
It is the first time a public interest organization has faced criminal charges over the protest activities of its members, according to court briefs. The trial, set to begin May 17, will be closely watched.
Federal prosecutors argued that Greenpeace had no right to a jury trial because it was charged with two minor offenses, but U.S. District Judge Adalberto Jordan ruled that a jury should decide the case.
"I cannot see anything wrong with having members of the community decide whether the government can prove the charges against Greenpeace," Jordan wrote in a 16-page opinion.
"This case is, to put it mildly, unusual, and would benefit from a jury's collective decision-making," the judge explained.
He added that it involves "a statute which ... has been gathering dust for over a century" as well as "a rare and maybe unprecedented prosecution of an advocacy organization for conduct having to do with the exposition of the organization's message."
Jordan also pointed out that prosecuting Greenpeace "may signal a change" in Justice Department policy. As recently as 1998, the Justice Department is on record saying it avoids "going after" advocacy groups.
The judge left open the possibility that Greenpeace may be able to present a defense that justifies its actions. He also indicated Greenpeace's argument that the 1872 law was too vague "looks like a winner."
On the issue of vagueness, Jordan wrote, "It is not a good sign when the government resorts to defining a phrase by repeating the phrase itself."
A spokesman for the U.S. Attorney's Office in Miami declined comment.
But Greenpeace and its lawyers said they are encouraged.
"The judge recognized that the statute may be invalid," said Miami lawyer Jane Moscowitz. "We look forward to our day in court."
The charges arise from Greenpeace's April 12, 2002, boarding of a cargo ship several miles off the Port of Miami. The ship was thought to be carrying 70 tons of illegally logged Brazilian mahogany.
Greenpeace members were arrested as they attempted to unfurl a banner with the message "President Bush, Stop Illegal Logging."
Six of them pleaded no contest to "sailor-mongering" and paid fines ranging from $100 to $500.
In July of last year, a federal grand jury indicted Greenpeace itself, accusing the organization of promoting the unauthorized boarding of a ship under the sailor mongering statute.
The law was enacted to keep brothel employees from jumping aboard ships to lure sailors to port with offers of liquor and prostitutes. It has been used just twice - in New York in the 1870s and in Oregon in the 1890s. Even then, the courts found it awkward and archaic.
If convicted, Greenpeace could be fined $10,000 and placed on five years' probation, which the group says would chill its activism. By being required to report to a federal probation officer, Greenpeace says it would face unprecedented government scrutiny of its tactics and membership rolls.
http://www.fortwayne.com/mld/fortwayne/8441485.htm
Activists' case goes to trial by U.S. jury
BY ANN W. O'NEILL
South Florida Sun-Sentinel
FORT LAUDERDALE, Fla. - (KRT) - A federal judge in Miami on Thursday refused to dismiss charges against the environmental group Greenpeace but ruled a jury should decide the unique case that could provide a legal test of the limits of political dissent.
The federal government has invoked an obscure 1872 "sailor-mongering" law to bring charges against the public interest group. Greenpeace maintains it was targeted for prosecution because it has been critical of the Bush administration's environmental policies.
It is the first time a public interest organization has faced criminal charges over the protest activities of its members, according to court briefs. The trial, set to begin May 17, will be closely watched.
Federal prosecutors argued that Greenpeace had no right to a jury trial because it was charged with two minor offenses, but U.S. District Judge Adalberto Jordan ruled that a jury should decide the case.
"I cannot see anything wrong with having members of the community decide whether the government can prove the charges against Greenpeace," Jordan wrote in a 16-page opinion.
"This case is, to put it mildly, unusual, and would benefit from a jury's collective decision-making," the judge explained.
He added that it involves "a statute which ... has been gathering dust for over a century" as well as "a rare and maybe unprecedented prosecution of an advocacy organization for conduct having to do with the exposition of the organization's message."
Jordan also pointed out that prosecuting Greenpeace "may signal a change" in Justice Department policy. As recently as 1998, the Justice Department is on record saying it avoids "going after" advocacy groups.
The judge left open the possibility that Greenpeace may be able to present a defense that justifies its actions. He also indicated Greenpeace's argument that the 1872 law was too vague "looks like a winner."
On the issue of vagueness, Jordan wrote, "It is not a good sign when the government resorts to defining a phrase by repeating the phrase itself."
A spokesman for the U.S. Attorney's Office in Miami declined comment.
But Greenpeace and its lawyers said they are encouraged.
"The judge recognized that the statute may be invalid," said Miami lawyer Jane Moscowitz. "We look forward to our day in court."
The charges arise from Greenpeace's April 12, 2002, boarding of a cargo ship several miles off the Port of Miami. The ship was thought to be carrying 70 tons of illegally logged Brazilian mahogany.
Greenpeace members were arrested as they attempted to unfurl a banner with the message "President Bush, Stop Illegal Logging."
Six of them pleaded no contest to "sailor-mongering" and paid fines ranging from $100 to $500.
In July of last year, a federal grand jury indicted Greenpeace itself, accusing the organization of promoting the unauthorized boarding of a ship under the sailor mongering statute.
The law was enacted to keep brothel employees from jumping aboard ships to lure sailors to port with offers of liquor and prostitutes. It has been used just twice - in New York in the 1870s and in Oregon in the 1890s. Even then, the courts found it awkward and archaic.
If convicted, Greenpeace could be fined $10,000 and placed on five years' probation, which the group says would chill its activism. By being required to report to a federal probation officer, Greenpeace says it would face unprecedented government scrutiny of its tactics and membership rolls.
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