Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Nuclear weapons/power, Peace, War.
Tags: anti-nuclear, anti-war, Criminal Justice, dissent, doj, eric holder, fran quigley, greg boertje-obed, megan rice, michael walli, non violence, nuclear, nuclear weapons, oak ridge, pacifism, peace, peace protestors, ramsey clark, roger hollander, swords into plowshares
Roger’s note: if this doesn’t send a chill up the spine of anyone with spine enough to peacefully challenge US war mongering, then I don’t know what will. This case is Lewis Carroll, Orwell and Kafka rolled up into one. Don’t fail to realize that this is happening under a president who was awarded the Nobel Peace Prize.

From left, Greg Boertje-Obed, Sister Megan Rice, and Michael Walli. (Photo: Saul Young/News Sentinel)
In just ten months, the United States managed to transform an 82 year-old Catholic nun and two pacifists from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into federal felons convicted of violent crimes of terrorism. Now in jail awaiting sentencing for their acts at an Oak Ridge, TN nuclear weapons production facility, their story should chill every person concerned about dissent in the US.
Here is how it happened.
In the early morning hours of Saturday June 28, 2012, long-time peace activists Sr. Megan Rice, 82, Greg Boertje-Obed, 57, and Michael Walli, 63, cut through the chain link fence surrounding the Oak Ridge Y-12 nuclear weapons production facility and trespassed onto the property. Y-12, called the Fort Knox of the nuclear weapons industry, stores hundreds of metric tons of highly enriched uranium and works on every single one of the thousands of nuclear weapons maintained by the U.S.
“The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
- Sr. Megan Rice
Describing themselves as the Transform Now Plowshares, the three came as non-violent protestors to symbolically disarm the weapons. They carried bibles, written statements, peace banners, spray paint, flower, candles, small baby bottles of blood, bread, hammers with biblical verses on them and wire cutters. Their intent was to follow the words of Isaiah 2:4: “They shall beat their swords into plowshares and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more.”
Sr. Megan Rice has been a Catholic sister of the Society of the Holy Child Jesus for over sixty years. Greg Boertje-Obed, a married carpenter who has a college age daughter, is an Army veteran and lives at a Catholic Worker house in Duluth Minnesota. Michael Walli, a two-term Vietnam veteran turned peacemaker, lives at the Dorothy Day Catholic Worker house in Washington DC.
In the dark, the three activists cut through a boundary fence which had signs stating “No Trespassing.” The signs indicate that unauthorized entry, a misdemeanor, is punishable by up to 1 year in prison and a $100,000 fine.
No security arrived to confront them.
So the three climbed up a hill through heavy brush, crossed a road, and kept going until they saw the Highly Enriched Uranium Materials Facility (HEUMF) surrounded by three fences, lit up by blazing lights.
Still no security.
So they cut through the three fences, hung up their peace banners, and spray-painted peace slogans on the HEUMF. Still no security arrived. They began praying and sang songs like “Down by the Riverside” and “Peace is Flowing Like a River.”
When security finally arrived at about 4:30 am, the three surrendered peacefully, were arrested, and jailed.
The next Monday July 30, Rice, Boertje-Obed, and Walli were arraigned and charged with federal trespassing, a misdemeanor charge which carries a penalty of up to one year in jail. Frank Munger, an award-winning journalist with the Knoxville News Sentinel, was the first to publicly wonder, “If unarmed protesters dressed in dark clothing could reach the plant’s core during the cover of dark, it raised questions about the plant’s security against more menacing intruders.”
On Wednesday August 1, all nuclear operations at Y-12 were ordered to be put on hold in order for the plant to focus on security. The “security stand-down” was ordered by security contractor in charge of Y-12, B&W Y-12 (a joint venture of the Babcock and Wilcox Company and Bechtel National Inc.) and supported by the National Nuclear Security Administration.
On Thursday August 2, Rice, Boertje-Obed, and Walli appeared in court for a pretrial bail hearing. The government asked that all three be detained. One prosecutor called them a potential “danger to the community” and asked that all three be kept in jail until their trial. The US Magistrate allowed them to be released.
Sr. Megan Rice walked out of the jail and promptly admitted to gathered media that the three had indeed gone onto the property and taken action in protest of nuclear weapons. “But we had to — we were doing it because we had to reveal the truth of the criminality which is there, that’s our obligation,” Rice said. She also challenged the entire nuclear weapons industry: “We have the power, and the love, and the strength and the courage to end it and transform the whole project, for which has been expended more than 7.2 trillion dollars,” she said. “The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
Then the government began increasing the charges against the anti-nuclear peace protestors.
The day after the Magistrate ordered the release of Rice, Boertje-Obed, and Walli, a Department of Energy (DOE) agent swore out a federal criminal complaint against the three for damage to federal property, a felony punishable by zero to five years in prison, under 18 US Code Section 1363.
The DOE agent admitted the three carried a letter which stated, “We come to the Y-12 facility because our very humanity rejects the designs of nuclearism, empire and war. Our faith in love and nonviolence encourages us to believe that our activity here is necessary; that we come to invite transformation, undo the past and present work of Y-12; disarm and end any further efforts to increase the Y-12 capacity for an economy and social structure based on war-making and empire-building.”
Now, Rice, Boertje-Obed, and Walli were facing one misdemeanor and one felony and up to six years in prison.
But the government did not stop there. The next week, the charges were enlarged yet again.
On Tuesday August 7, the U.S. expanded the charges against the peace activists to three counts. The first was the original charge of damage to Y-12 in violation of 18 US Code 1363, punishable by up to five years in prison. The second was an additional damage to federal property in excess of $1000 in violation of 18 US Code 1361, punishable by up to ten years in prison. The third was a trespassing charge, a misdemeanor punishable by up to one year in prison under 42 US Code 2278.
Now they faced up to sixteen years in prison. And the actions of the protestors started to receive national and international attention.
On August 10, 2012, the New York Times ran a picture of Sr. Megan Rice on page one under the headline “The Nun Who Broke into the Nuclear Sanctum.” Citing nuclear experts, the paper of record called their actions “the biggest security breach in the history of the nation’s atomic complex.”
At the end of August 2012, the Inspector General of the Department of Energy issued at comprehensive report on the security breakdown at Y-12. Calling the peace activists trespassers, the report indicated that the three were able to get as far as they did because of “multiple system failures on several levels.” The cited failures included cameras broken for six months, ineptitude in responding to alarms, communication problems, and many other failures of the contractors and the federal monitors. The report concluded that “Ironically, the Y-12 breach may have been an important “wake-up” call regarding the need to correct security issues at the site.”
On October 4, 2012, the defendants announced that they had been advised that, unless they pled guilty to at least one felony and the misdemeanor trespass charge, the U.S. would also charge them with sabotage against the U.S. government, a much more serious charge. Over 3000 people signed a petition to U.S. Attorney General Holder asking him not to charge them with sabotage.
But on December 4, 2012, the U.S. filed a new indictment of the protestors. Count one was the promised new charge of sabotage. Defendants were charged with intending to injure, interfere with, or obstruct the national defense of the United States and willful damage of national security premises in violation of 18 US Code 2155, punishable with up to 20 years in prison. Counts two and three were the previous felony property damage charges, with potential prison terms of up to fifteen more years in prison.
Gone entirely was the original misdemeanor charge of trespass. Now Rice, Boertje-Obed, and Walli faced up to thirty-five years in prison.
In a mere five months, government charges transformed them from misdemeanor trespassers to multiple felony saboteurs.
The government also successfully moved to strip the three from presenting any defenses or testimony about the harmful effects of nuclear weapons. The U.S. Attorney’s office filed a document they called “Motion to Preclude Defendants from Introducing Evidence in Support of Certain Justification Defenses.” In this motion, the U.S. asked the court to bar the peace protestors from being allowed to put on any evidence regarding the illegality of nuclear weapons, the immorality of nuclear weapons, international law, or religious, moral or political beliefs regarding nuclear weapons, the Nuremberg principles developed after WWII, First Amendment protections, necessity or US policy regarding nuclear weapons.
Rice, Boertje-Obed, and Walli argued against the motion. But, despite powerful testimony by former U.S. Attorney General Ramsey Clark, a declaration from an internationally renowned physician and others, the Court ruled against defendants.
Meanwhile, Congress was looking into the security breach, and media attention to the trial grew with a remarkable story in the Washington Post, with CNN coverage and AP and Reuters joining in.
The trial was held in Knoxville in early May 2012. The three peace activists were convicted on all counts. Rice, Boertje-Obed, and Walli all took the stand, admitted what they had done, and explained why they did it. The federal manager of Y-12 said the protestors had damaged the credibility of the site in the U.S. and globally and even claimed that their acts had an impact on nuclear deterrence.
As soon as the jury was dismissed, the government moved to jail the protestors because they had been convicted of “crimes of violence.” The government argued that cutting the fences and spray-painting slogans was property damage such as to constitute crimes of violence so the law obligated their incarceration pending sentencing.
The defense pointed out that Rice, Boertje-Obed, and Walli had remained free since their arrest without incident. The government attorneys argued that two of the protestors had violated their bail by going to a congressional hearing about the Y-12 security problems, an act that had been approved by their parole officers.
The three were immediately jailed. In its decision affirming their incarceration pending their sentencing, the court ruled that both the sabotage and the damage to property convictions were defined by Congress as federal crimes of terrorism. Since the charges carry potential sentences of ten years or more, the Court ruled there was a strong presumption in favor of incarceration which was not outweighed by any unique circumstances that warranted their release pending sentencing.
These non-violent peace activists now sit in jail as federal prisoners, awaiting their sentencing on September 23, 2012.
In ten months, an 82 year old nun and two pacifists had been successfully transformed by the U.S. government from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into felons convicted of violent crimes of terrorism.
Quigley is an Indianapolis attorney working on local and international poverty issues. His column appears in The Indianapolis Star every other Monday.
Posted by rogerhollander in Europe, Genocide, History, Race, War.
Tags: historym, holocaust, irena sendler, nazis, nobel peace, roger hollander, second world war, warsaw ghetto, world war II
ROGER’S NOTE: THIS MUST BE THE VERY FIRST TIME IN MY LIFE THAT I HAVE PASSED ON A “CHAIN LETTER.” IT CAME TO ME FROM A TRUSTED FRIEND.
Irena Sendler
Died: May 12, 2008 (aged 98)Warsaw, Poland
During WWII, Irena, got permission to work in the Warsaw ghetto, as a Plumbing/Sewer specialist.
She had an ulterior motive.Irena smuggled Jewish infants out in the bottom of the tool box she carried.
She also carried a burlap sack in the back of her truck, for larger kids.
Irena kept a dog in the back that she trained to bark when the Nazi soldiers let her in and out of the ghetto.
The soldiers, of course, wanted nothing to do with the dog and the barking covered the kids/infants noises.During her time of doing this, she managed to smuggle out and save 2500 kids/infants.Ultimately, she was caught, however, and the Nazi’s broke both of her legs and arms and beat her severely.
Irena kept a record of the names of all the kids she had smuggled out,
in a glass jar that she buried under a tree in her back yard.
After the war, she tried to locate any parents that may have survived and tried to reunite the family.
Most had been gassed. Those kids she helped got placed into foster family homes or adopted.In 2007 Irena was up for the Nobel Peace Prize. She was not selected.
Al Gore won, for a slide show on Global Warming. Later another politician,
Barack Obama, won for his work as a community organizer for ACORN.In MEMORIAM – 65 YEARS LATERI’m doing my small part by forwarding this message.
I hope you’ll consider doing the same.It is now more than 65 years since the Second World War in Europe ended.This e-mail is being sent as a memorial chain,
In memory of the six million Jews, 20 million Russians, 10 million Christians and 1,900 Catholic priests
Who were murdered, massacred, raped, burned, starved and humiliated!Now, more than ever, with Iran , and others, claiming the HOLOCAUST to be ‘a myth’, It’s imperative to make sure the world never forgets,
Because there are others who would like to do it again.This e-mail is intended to reach 40 million people worldwide!Join us and be a link in the memorial chain and help us distribute it around the world.
Posted by rogerhollander in Criminal Justice, History, Vietnam, War.
Tags: allison krause, fbi, history, j. edgar hoover, kent state, laurel krause, ohio national guard, pat lamarche, Richard Nixon, roger hollander, Vietnam War
Gwen Ifell and Oliver Stone were at Kent State this weekend to commemorate the May 4, 1970 shootings at the university that claimed four lives and wounded nine people. The celebrities will share their thoughts on what happened 43 years ago as the university dedicates its new May 4 visitor center. Among the visitors who dropped by to hear them speak and scrutinize the new center was Laurel Krause, sister of Allison Krause, the 19-year-old freshman honor student, who was killed that day by members of the Ohio National Guard. The soldiers shot her where she stood — 343 feet from away from them on the campus lawn.

What was the climate like the day Allison and the others were shot?
Well, aside from the fact that it was the first beautiful day after weeks of rain, the political climate was anything but clearing. Just four days earlier President Richard Nixon announced the U.S. invasion of Cambodia. He struggled to justify his decision to further escalate the conflict in south east Asia even as he worked to conceal the fact that he had authorized the illegal bombing of Cambodia for more than a year.
Domestically the clouds were gathering as well. Two years and one month earlier, Martin Luther King, Jr., had been assassinated after turning his attention on the evils he perceived were associated with the Vietnam War. His voice had added to the growing number of young voices speaking out across the nation calling for an end to the war and an elimination of military conscription, better known as the draft.
FBI director J. Edgar Hoover had compiled surveillance tapes and documents on everyone from the Kennedy family to MLK, Jr. and while his top secret files were destroyed upon his death, there is no reason to believe he did not run a series of intelligence programs based at monitoring and curtailing the efforts of young people on campuses all across the nation who he felt “seek to destroy our society.”
For these and other reasons, Laurel Krause and her organization, The Kent State Truth Tribunal (KSTT), filed a petition on February 9, 2013, with the United Nations Human Rights Council (UNHRC), asking them to review their claim that Vietnam War protesters were intentionally targeted by Hoover’s FBI and the Department of Defense. On April 5, the UNHRC agreed to hear the case.
Laurel and the other members of the KSTT have a lot to say on what they believe has been a 43 year coverup and spin job. From the time headlines broke that called the shooting victims “bums” and portrayed them as an unwashed violent rabble of questionable morality, until this year when the UN became the first governing body willing to dig a little deeper into the official story, Laurel has keenly remembered the details of the day her sister died.
Time will tell what will come of Laurel’s struggle to get justice for her sister and the other victims. And justice for Laurel means that the government will one day acknowledge the truth. Until that day comes and on this anniversary of Allison’s death, it’s illuminating to know exactly how the day unfolded for the rest of the Krause family.
At 12:24 p.m. 28 Ohio National Guard soldiers — after hearing what they later called sniper fire — opened fire on unarmed protesters at Kent State University. Most of the protesters were more than the length of a football field from the soldiers. The soldiers had live rounds in their guns and must have been cautioned that they may need to shoot to kill the college kids.
At about 3:00 p.m. 15-year-old Laurel Krause got off the school bus and started walking to her home. A neighbor ran up to Laurel and told her that the radio had announced that Allison had been hurt in a shooting at Kent State.
Laurel called her mom and dad who were at work.
Laurel’s mom came home and called the Robinson Memorial Hospital in Ravenna, Ohio, and was told over the phone that “she was DOA.” Doris Krause collapsed on the floor.
Laurel’s dad, Arthur Krause, worked as a middle manager for Westinghouse and his co-worker brought him home. Arthur had received a call from his brother saying that the local radio station had announced that Allison was dead. When he arrived home, Doris confirmed it, and the family friend drove them from their home in Pittsburgh, Penn., to the hospital in Ohio.
Laurel recounts that no one from the university or the U.S. government was there to assist them. When the door swung open to the room where Allison lay dead, Laurel could see her sister’s body. When her parents went into the room to identify Alliston, Laurel waited in the hall where two armed men wearing no uniforms were standing. One of the men muttered behind her, “They should have shot more.”
These are the memories Laurel Krause has carried 43 years. These are the memories that motivate her to make regular calls to the Department of Justice and ask when her sister’s murder will be investigated and solved. And every time Laurel calls, she is referred to the civil rights department. Laurel says, “She was nothing more than garbage to them. They don’t want to investigate her murder. The DOJ has no department for the killing of students by the government.”
The day after his daughter’s death, Arthur filed a lawsuit he refused to drop regardless of how much money he was offered. Arthur died never receiving the justice he was after. Laurel has continued his fight. She says the battle can get unpleasant but that won’t stop her. She’s not surprised that she hasn’t gotten answers, and she’s not daunted by the obstacles in her way. Laurel says, “Any time the FBI kills a member of your family, they are gonna to be up your ass for the rest of your life.”
Pat LaMarche is host of the The Pulse Morning Show, which broadcasts in Maine and is available on the web at zoneradio.com. She is the author of “Left Out In America: The State of Homelessness in the United States.” She was the Green Party’s vice-presidential candidate in the 2004 U.S. presidential election, with David Cobb as its presidential candidate. Pat may be reached at PatLaMarche@hotmail.com
Posted by rogerhollander in Iraq and Afghanistan, George W. Bush, War.
Tags: roger hollander, Iraq war, Iraq, George Bush, abby zimet, bush library, Melissa Stockwell

With all the boot-licking coverage of last week’s rewriting of history, this photo was nowhere in sight. Yes, it’s real: Melissa Stockwell, the first female U.S. soldier to lose a limb in Iraq, reading the Pledge of Allegiance. By Alex Wong for Getty. Worth many thousands of words.

Posted by rogerhollander in Canada, Criminal Justice, Torture, War, War on Terror.
Tags: Canada, child soldier, Criminal Justice, dennis edney, diana mehta, Guantanamo, khadr appeal, military commissions, Omar Khadr, roger hollander, terrorism, torture
Roger’s note: I have taken a great deal of interest in this case of gross injustice at the hands of the US Kangaroo Kourt, better known as the Military Commissions. The “Commissions” in Military Commissions should stand for nothing less than the commission of criminal injustice. The most moving documentary film I have ever seen is “You Don’t Like the Truth: 4 Days Inside Guantanamo,” which is reviewed in this segment: https://www.youtube.com/watch?v=PMJuErMEK7g. You can find more on Youtube.
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Janet Hamlin / AP
Khadr had pleaded guilty before a military commission in October 2010 to five war crimes — among them killing a U.S. special forces soldier — committed as a 15 year old in Afghanistan. He was given a further eight years behind bars.
By: Diana Mehta The Canadian Press, Published on Sat Apr 27 2013
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Khadr’s lawyer Dennis Edney said Saturday that the Toronto-born 26-year-old was “looking forward” to the appeal, which is expected to be filed “very soon.”
Khadr has been held in maximum-security Millhaven Institution in Kingston, Ont. since his transfer to Canada last September from Guantanamo Bay, where he had been held for a decade.
He had pleaded guilty before a widely discredited American military commission in October 2010 to five war crimes — among them the killing of a U.S. special forces soldier — committed in Afghanistan when he was 15 years old. He was given a further eight years behind bars.
Edney said the appeal being launched aims to have all those convictions dismissed.
“We are very confident that the military tribunal convictions will be overturned because in our view there are serious questions about the validity of all these convictions,” Edney told The Canadian Press.
Although Khadr opted for a plea agreement in 2010, Edney argued his guilty plea may not have too much of a bearing on his appeal.
“If you plead guilty to a charge which is a nullity in war, then the plea is also a nullity,” he said.
The case is still likely to be complicated as Khadr did sign away his appeal rights in 2010. but Edney contends that obstacle, too, could be surmounted.
“If the underlying acts weren’t crimes, at least not war crimes, then Mr. Khadr’s waiver may also be unreliable,” he said.
Edney said his team would be filing an appeal first with a U.S. military commission, and then later in the U.S. civil courts if necessary, to overturn all of Khadr’s convictions.
The terms of Khadr’s transfer to Canada precluded attacking his sentence in Canadian courts.
Working in Khadr’s favour, Edney said, are two similar military commission verdicts which American appeal courts have already thrown out after ruling the crimes did not exist under international law of war at the time.
Last October an American appeal court dismissed Osama bin Laden’s driver Salim Hamdan’s 2008 conviction for providing material support for terrorism.
In essence, the court ruled no such crime existed under international law of war at the time of the alleged offence and retroactive prosecutions were not authorized.
In January, the same court threw out the conviction of Ali Hamza al-Bahlul, a Yemeni who was charged with providing material support to terrorism and conspiracy for making propaganda videos for Al Qaeda. In that case, however, a U.S. appeals court said earlier this month that it will re-examine the decision.
Nonetheless, Edney said the rulings on those two cases could bode well for Khadr’s appeal.
“As the law now stands, based upon two earlier rulings … where the civilian appeals court overturned the same charges Omar faced, it concluded the charges were not and are not recognized international law of war charges,” he said.
Edney said he was surprised previous lawyers retained by Khadr hadn’t filed an appeal so far.
“One would expect that should have been done as a matter of course. It wasn’t,” he said. “I took it upon myself to persuade the military defence department to agree that Omar Khadr’s case was worthy of an appeal and they agreed.”
Posted by rogerhollander in armaments, Arms, Asia, History, Iraq and Afghanistan, Laols, Vietnam, War.
Tags: Afghanistan, armaments, arms, boston bombings, cluster bombs, history, Iraq, land mines, laos, Robert Scheer, roger hollander, terrorism, Vietnam War, weapons
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| AP/Brendon Smialowski |
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Then-U.S. Secretary of State Hillary Rodham Clinton looks at a memorial about cluster bombing during a tour of the Cooperative Orthotic Prosthetic Enterprise (COPE) Center in Vientiane, Laos, in 2012.
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By Robert Scheer
The horror of Boston should be a reminder that the choice of weaponry can be in itself an act of evil. “Boston Bombs Were Loaded to Maim” is the way The New York Times defined the hideousness of the weapons used, and President Obama made clear that “anytime bombs are used to target innocent civilians, it is an act of terror.” But are we as a society prepared to be judged by that standard?
The president’s deployment of drones that all too often treat innocent civilians as collateral damage comes quickly to mind. It should also be pointed out that the U.S. still maintains a nuclear arsenal and, as our killing and wounding hundreds of thousands of innocent Japanese demonstrated, those weapons are inherently, by the president’s definition, weapons of terror. But it is America’s role in the deployment of antipersonnel land mines, and our country’s refusal to sign off on a ban on cluster munitions agreed to by most of the world’s nations, that offers the most glaring analogy with the carnage of Boston.
To this day, antipersonnel weapons—the technologically refined version of the primitive pressure cooker fragmentation bombs exploded in Boston—maim and kill farmers and their children in the Southeast Asian killing fields left over from our country’s past experiment in genocide. An experiment that as a sideshow to our obsession with replacing French colonialism in Vietnam involved dropping 277 million cluster bomblets on Laos between 1964 and 1973.
The whole point of a cluster weapon is to target an area the size of several football fields with the same bits of maiming steel that did so much damage in Boston. The International Committee of the Red Cross, which has been active in attempting to clear land of remaining bomblets, estimates 10,000 Lao civilian casualties to date from such weapons. As many as twenty-seven million unexploded bomblets remain in the country, according to the committee.
Back in 1964 at the start of that bombing campaign, I reported from Laos, an economically primitive land where a pencil was a prize gift to students. It is staggering to me that the death we visited upon a people, then largely ignorant of life in America, still should be ongoing.and the deadly bomblets they contain has since expanded to most of the world, and they have been used by at least 15 nations. As a recent Congressional Research Service report noted:
“Cluster munitions were used by the Soviets in Afghanistan, by the British in the Falklands, by the Coalition in the Gulf War, and by the warring factions in Yugoslavia. In Kosovo and Yugoslavia in 1999, NATO forces dropped 1,765 cluster bombs containing approximately 295,000 submunitions. From 2001 through 2002, the United States dropped 1,228 cluster bombs containing 248,056 submunitions in Afghanistan, and U.S. and British forces used almost 13,000 cluster munitions containing an estimated 1.8 million to 2 million submunitions during the first three weeks of combat in Iraq in 2003.”
Israel is said to have dropped almost 1 million unexploded bomblets in Lebanon in the 2006 war against Hezbollah, which fired 113 cluster bombs filled with thousands of bomblets at targets in northern Israel.
I list all those dreary statistics to drive home the point that the horror of two pressure cooker bombs in Boston that has so traumatized us should help us grasp the significance of the 1.8 million bomblets dropped in Iraq over a three-week period.
Obama was right to blast the use of weapons that targeted civilians in Boston as inherent acts of terrorism, but by what standard do such weapons change their nature when they are deployed by governments against civilians?
On Aug. 1, 2010, the Convention on Cluster Munitions, banning such weapons, became a matter of international law for the 111 nations, including 18 NATO members, that signed the agreement. The U.S. was not one of them. Current American policy, according to the Congressional Research Service report, is that “cluster munitions are available for use by every combat aircraft in the U.S. inventory; they are integral to every Army or Marine maneuver element and in some cases constitute up to 50 percent of tactical indirect fire support.”
However, there is new legislation pending in Congress that would require the president to certify that cluster munitions would “only be used against clearly defined military targets” and not deployed “where civilians are known to be present or in areas normally inhabited by civilians.” Lots of luck with that.
Posted by rogerhollander in Barack Obama, Civil Liberties, Foreign Policy, History, Human Rights, Race, Racism, Torture, War.
Tags: ajamu baraka, black liberation, Civil Rights, colonialism, history, imperialism, james earl ray, king assassination, liberal establishment, martin luther king, mlk, neo-colonialism, obama era, obama militarism, roger hollander, us imperilaism, vietnam, Vietnam War, war
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by Ajamu Baraka
This week marks the 45th anniversary of the assassination of Dr. Martin Luther King. In those years, a King has emerged who bears little in common with the man who lived and struggled and died in the Freedom Movement. Killing the man was the work of an instant. Suppressing and distorting his legacy have been full time projects ever since.
The Assassination Of Dr. King And The Suppression Of The Anti-War And Peace Perspectives
by Ajamu Baraka
“Memory, individual and collective, is clearly a significant site of social struggle.”
(Aurora Levins Morales)
“As I have walked among the desperate, rejected, and angry young men, I have told them that Molotov cocktails and rifles would not solve their problems. I have tried to offer them my deepest compassion while maintaining my conviction that social change comes most meaningfully through nonviolent action. But they ask — and rightly so — what about Vietnam? They ask if our own nation wasn’t using massive doses of violence to solve its problems, to bring about the changes it wanted. Their questions hit home, and I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today — my own government. (Beyond Vietnam – A Time to Break Silence,” Rev. Martin Luther King, Riverside Church, April 4, 1967)
April 4th is an anniversary that I suspect many people in the U.S., including those in government, would prefer that people ignored. On that date 45 years ago, James Earl Ray, supposedly acting alone, murdered Martin Luther King Jr. on a balcony of the Lorraine Hotel in Memphis, Tennessee — silencing one of the great oppositional voices in U.S. politics.
Unlike the celebrations organized around the birthday of Dr. King, with which the U.S. government severs Dr. King from the black movement for social justice that produced him and transforms his oppositional stances into a de-radicalized, liberal, integrationist dream narrative, the anniversary of the murder of Dr. King creates a challenge for the government and its attempt to manage the memory and meaning of Dr. King. The assassination of Dr. King raises uncomfortable questions — not only due to the evidence that his murder was a “hit” carried out by elements of the U.S. government, but also because of what Dr. King was saying before he was killed about issues like poverty and U.S. militarism .
The current purveyors of U.S. violence will find attention to Dr. King’s anti-war and peace position most unwelcome, especially with a black president that has been able to accomplish what U.S. elites could have only dreamed of over the last few decades – the normalization of war-making as a legitimate tool to advance the geo-political interests of the U.S. and its’ colonial allies. So reminding people of Dr. King’s opposition to U.S. warmongering and the collaboration of liberals in that warmongering then and now, produces a strange convergence of political forces from both ends of the narrow U.S. political spectrum that have an interest in suppressing King’s anti-war positions.
The Suppression of the anti-war and peace movement and the pro-war coalition: then and now
When Dr. King finally opposed the war on Vietnam he incurred the wrath of liberals in the Johnson Administration, the liberal philanthropic community, and even a significant number of his colleagues in the clergy. The liberal establishment was scathing in its condemnation of his position and sought to punish him and his organization, the Southern Christian Leadership Conference (SCLC), in a manner similar to their assaults on the Student Non-Violent Coordinating Committee (SNCC), when it took an anti-war and anti-imperialist position much earlier than Dr. King and SCLC.
In today’s popular imagination of the anti-war and peace movement in the 1960s and 70s, the culprits have been re-imagined as the radical right, symbolized by President Richard Nixon. But it was the Kennedy Administration that escalated U.S. involvement in Vietnam, despite the liberal mythology around his supposed reluctance to do so, and it was Democrat Lyndon Johnson who dramatically expanded the war. When Johnson pulled out of the 1968 presidential race, Hubert Humphrey, the personification of contemporary liberalism, was slated to be the favorite to win the Democratic nomination. Humphrey, along with the rest of the liberal establishment, was firmly committed to Johnson’s war strategy, even in light of growing public opposition.
It should also be remembered that the Chicago police riot of 1968 against anti-war demonstrators took place at the Democratic National Convention, where the protestors were directing their fury at the Democratic Party — which has controlled the Executive Branch during the escalation of almost every major military experience by the U.S. State from the Second World War onwards. The notion of democratic weaknesses on matters of “national defense” owes itself to the historical amnesia of the U.S. population and the successful propaganda campaigns of the more aggressive foreign interventionist elements of the radical right over the years.
Today the array of forces in support of U.S. military aggression is similar to what we saw from the establishment in 1968, except for one important factor: in 1968 there was an organized, vocal anti-war movement that applied bottom-up pressure on the liberal establishment in power and on the Nixon Administration. Today, however, not only have significant elements of the contemporary anti-war and peace movement voluntarily demobilized during the Obama era, many of those individuals and organizations have entered into what can only be seen as a tactical alliance with the Obama Administration and provided ideological cover for imperialist interventions around the world.
Even mainstream human rights organization have facilitated the cover-up, either by their silence on the question of war; by their tacit acquiescence as demonstrated by their pathetic pleading with the attacking powers (usually the West, under NATO) to adhere to the rules of war; or by the construction and articulation of some of the most noxious but effective white supremacist covers for imperialist dominance that may have ever been produced – “humanitarian intervention” and the “right to protect.” Operating from the assumption that the white West are the “good guys” and have a “natural” right to determine which nations deserve to be sovereign, when regimes should be changed, who the international criminals are and what international laws need to be enforced, the political elites have been able to mobilize majority support for imperialist adventures from Iraq to Libya and now Syria. In a nod to the civilizing assumptions of Western modernity that is at the base of the colonialist project justifying these interventions, progressives and even some radicals have muzzled themselves or have even supported these misadventures that entail the West, under the leadership of the U.S., riding in to save people from their “savage governments.” For these activists, if those humanitarian missions result in Western companies managing to secure water, oil and other natural resources and shifting regional power relations to favor the West, well that is just the price to pay for progress. As Madeline Albright said in response to a question regarding the deaths of 500,000 Iraqi children due to U.S. sanctions, “we think the price was worth it.”
It is still about values, consciousness and organization:
“All nationalists have the power of not seeing resemblances between similar sets of facts. A British Tory will defend self-determination in Europe and oppose it in India with no feeling of inconsistency. Actions are held to be good or bad, not on their own merits, but according to who does them, and there is almost no kind of outrage — torture, the use of hostages, forced labour, mass deportations, imprisonment without trial, forgery, assassination, the bombing of civilians — which does not change its moral colour when it is committed by ‘our’ side . . . The nationalist not only does not disapprove of atrocities committed by his own side, but he has a remarkable capacity for not even hearing about them.” ( George Orwell)
The murder of Dr. King was not just the murder of a man but an assault on an idea, a movement and a vision of a society liberated from what Dr. King called the three “triplets” that had historically characterized and shaped the “American” experience – racism, extreme materialism and militarism. On April 4, 1967 in the Riverside Church in New York, exactly one year to the day before he would be murdered, Dr. King took an unequivocal stand in opposition to the U.S. war on the people of Vietnam, and declared that the only way that racism, materialism and militarism would be defeated was if there was a “radical revolution of values” in U.S. society. Today, 45 years later, with a Black president in the White House, racism in the form of continued white supremacy has solidified itself on a global scale; extreme materialism characterizes the desires and consumption patterns of a debt constructed middle class, even as it feels the weight of a national and global economic crisis; and militarism occupies the center of U.S. engagement with the nations of the Global South.
While the current national and global reality could not have been prefigured by political elites in the U.S., the murder of Dr. King and the disarray within the civil rights movement on direction, goals and programs, allowed the government to e turn its repressive apparatus to the violent suppression of the Black liberation movement. As the leading element for radical social change in the U.S., the assaults on the Black liberation movement meant that the hope for fundamental change in the U.S. would not be realized. The radical revolution of values that King hoped would transform the country was repackaged by the early 1970s into an individualist, pro-capitalist, debt-constructed consumer diversion. The country began a more dramatic rightward move in the late 1960s that saw the emergence of Nixon; Ronald Reagan; New Democrats; a new and even more virulent ideological construction – neoliberalism; and a uni-polar world, where under Bush and now Obama, the U.S. and its Western colonial allies are able to engage in a form of international gangsterism — invading nations, changing governments and stealing resources, in a manner that is similar to the early years of conquest when they first burst out of Europe in 1492.
The challenge is clear. A de-colonial, revolutionary shift in power from the 1% to the people is the only way Dr. King’s “radical revolution of values” can be realized in a national and global context in which the West has demonstrated that it will use all of its military means to maintain its hegemony. Yet, to realize that shift, the “people” are going to have to “see” through the ideological mystifications that still values Eurocentric assumptions as representing settled, objective realities on issues like democracy, freedom, human rights, economic development and cultural integrity in order to confront the new coalitions of privilege. Dr. King and the black anti-racist, anti-colonialist movements for social justice brought clarity to these moral issues by its example of movement building that sparked struggles for social justice in every sector of U.S. society. That is why sidelining black radical organizations and the black social justice movement has been one of the most effective consequences of the Obama phenomenon.
Today the necessity to stand with the oppressed and oppose war and violence of all kinds has never been more urgent. But that stand cannot be just as individuals. Individual commitment is important, but what Dr. King’s life reaffirmed was the power of movement — of organized and determined people moving in a common direction. That is why the government so desperately attempts to disconnect Dr. King from the people and the movement that produced him and to silence any opposition to its colonialist violence. The example of movement building and struggle is an example that has to be brutally suppressed, as witnessed by how the Obama Administration moved on the Occupy Wallstreet Movement once it became clear that they could not co-opt and control it.
Consciousness, vision, an unalterable commitment to privileging principle over pragmatism and a willingness to fight for your beliefs no matter the odds or forces mounted against you – these are the lessons that all of us who believe in the possibility of a new world should recommit to on April the 4th. Internalizing and passing that lesson on through a culture of resistance and struggle ensures that one day all of us will be able to create societies freed from interpersonal and institutional violence and all forms of oppression in our own promised lands.
Ajamu Baraka was the founding Director of the US Human Rights Network until June 2011. A long-time human rights activist and veteran of the Black Liberation, anti-war, anti-apartheid and central American solidarity Movements in the United States, Baraka has been in the forefront of efforts to develop a radical “People-Centered” perspective on human rights and to apply that framework to social justice struggles in the United States and abroad. He is currently a fellow at the Institute for Policy Studies, where he is editing a book on human rights entitled “The Fight Must be for Human Rights: Voices from the Frontline.” The book is due to be published in 2013. t

Posted by rogerhollander in Barack Obama, War.
Tags: cia drones, civilian casualties, drone missiles, drone war, infographics, pakistan, roger hollander, wesley grubbs
Pitch Interactive, a Berkeley-based data visualization unit, has created a graphic tracking every drone strike the United States has carried out in Pakistan since 2004. Wesley Grubbs, who created the visualization, joined HuffPost Live host Ahmed Shihab-Eldin Tuesday to explain the motivation behind the visualization.
“We want to shock people,” Grubbs said. “What we tried to do though with this was not just shock people with the number of casualties, but to shock people with the amount of information that we really don’t know.”
The visualization tracks the victims of the strikes using data from the Bureau for Investigative Journalism, specifically noting children and civilian collateral damage. Note the sharp uptick after President Obama takes office in 2009:
CLICK HERE BELOW TO SEE VISUALIZATION AND INTERVIEW:
http://www.huffingtonpost.com/2013/03/26/drone-visualization-pakistan_n_2957779.html?utm_hp_ref=world&icid=maing-grid7|main5|dl1|sec3_lnk3%26pLid%3D289634
Posted by rogerhollander in Dick Cheney, George W. Bush, Imperialism, Iraq and Afghanistan, War.
Tags: Dick Cheney, George Bush, Iraq, Iraq invasion, iraq veteran, Iraq war, roger hollander, tomas young, U.S. imperialism
Roger’s note: I want you to picture Bush and Cheney reading this letter. Notice the arrogance, the smugness, the disgusting grins as they dismiss these heartfelt letter with less concern than they would flicking an annoying fly of the table. They are impervious to moral criticism, they act with virtually complete impunity. It is frustrating, it is infuriating that so much power is in the hands of such reduced human beings. It is our present reality. They coined the phrase “axis of evil.” Ironic.
“How many times can a man turn his head and pretend that he just doesn’t see?” Bob Dylan

A Message to George W. Bush and Dick Cheney From a Dying Veteran
To: George W. Bush and Dick Cheney
From: Tomas Young
I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.
I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all—the human detritus your war has left behind, those who will spend their lives in unending pain and grief.
You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.
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I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.
Your positions of authority, your millions of dollars of personal wealth, your public relations consultants, your privilege and your power cannot mask the hollowness of your character. You sent us to fight and die in Iraq after you, Mr. Cheney, dodged the draft in Vietnam, and you, Mr. Bush, went AWOL from your National Guard unit. Your cowardice and selfishness were established decades ago. You were not willing to risk yourselves for our nation but you sent hundreds of thousands of young men and women to be sacrificed in a senseless war with no more thought than it takes to put out the garbage.
I joined the Army two days after the 9/11 attacks. I joined the Army because our country had been attacked. I wanted to strike back at those who had killed some 3,000 of my fellow citizens. I did not join the Army to go to Iraq, a country that had no part in the September 2001 attacks and did not pose a threat to its neighbors, much less to the United States. I did not join the Army to “liberate” Iraqis or to shut down mythical weapons-of-mass-destruction facilities or to implant what you cynically called “democracy” in Baghdad and the Middle East. I did not join the Army to rebuild Iraq, which at the time you told us could be paid for by Iraq’s oil revenues. Instead, this war has cost the United States over $3 trillion. I especially did not join the Army to carry out pre-emptive war. Pre-emptive war is illegal under international law. And as a soldier in Iraq I was, I now know, abetting your idiocy and your crimes. The Iraq War is the largest strategic blunder in U.S. history. It obliterated the balance of power in the Middle East. It installed a corrupt and brutal pro-Iranian government in Baghdad, one cemented in power through the use of torture, death squads and terror. And it has left Iran as the dominant force in the region. On every level—moral, strategic, military and economic—Iraq was a failure. And it was you, Mr. Bush and Mr. Cheney, who started this war. It is you who should pay the consequences.
| To read Chris Hedges’ recent interview with Tomas Young, click here. |
I would not be writing this letter if I had been wounded fighting in Afghanistan against those forces that carried out the attacks of 9/11. Had I been wounded there I would still be miserable because of my physical deterioration and imminent death, but I would at least have the comfort of knowing that my injuries were a consequence of my own decision to defend the country I love. I would not have to lie in my bed, my body filled with painkillers, my life ebbing away, and deal with the fact that hundreds of thousands of human beings, including children, including myself, were sacrificed by you for little more than the greed of oil companies, for your alliance with the oil sheiks in Saudi Arabia, and your insane visions of empire.
I have, like many other disabled veterans, suffered from the inadequate and often inept care provided by the Veterans Administration. I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed. And we have been abandoned. You, Mr. Bush, make much pretense of being a Christian. But isn’t lying a sin? Isn’t murder a sin? Aren’t theft and selfish ambition sins? I am not a Christian. But I believe in the Christian ideal. I believe that what you do to the least of your brothers you finally do to yourself, to your own soul.
My day of reckoning is upon me. Yours will come. I hope you will be put on trial. But mostly I hope, for your sakes, that you find the moral courage to face what you have done to me and to many, many others who deserved to live. I hope that before your time on earth ends, as mine is now ending, you will find the strength of character to stand before the American public and the world, and in particular the Iraqi people, and beg for forgiveness.
Posted by rogerhollander in History, Imperialism, Iraq and Afghanistan, War.
Tags: fallujah, Iraq, iraq children, iraq deaths, iraq government, Iraq invasion, Iraq occupation, Iraq war, kevin baker, roger hollander, U.S. imperialism

Thoughts on the 10th anniversary of the war on Iraq
By Kevin Baker
The author is a former Staff Sergeant in the U.S. Army infantry who spent a total of 28 months in Iraq.
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Millions of Iraqi children have suffered the
death of a close family member at the hands
of the U.S. military, and will forever be
impacted by the trauma of living under a
brutal occupation for nearly a decade. |
In the next few minutes, as you’re reading this, a mother will give birth in Fallujah. There is a 33% chance because of U.S.-used depleted uranium that the child will be born with a life-crippling birth defect, or dead; a young man will forge through piles of trash for food to feed his impoverished and displaced family. There are over 5 million displaced Iraqis, high estimates of over 1.3 million killed and an entire country with no secure future. Food, water, power, housing, education, safety, freedom of speech—all words absent from America’s “liberated Iraq.” Most of these events are rarely reported.
Today marks the tenth year “anniversary” of the U.S.-led invasion against the people of Iraq. But this wasn’t the beginning of the U.S. war against the people of Iraq, it began much earlier. The United States has been for over 22 years (and still to this day) torturing the Iraqi people. From the bombing of powdered milk factories to the destruction of water purification facilities, the United States government has targeted the most innocent of Iraqis, their children. 500,000 Iraqi children were executed by the United States in the form of sanctions, embargoes, starvation and bombing campaigns prior to the invasion in 2003.
Today Iraq is in shambles because of the almost decade-long US occupation and war. The majority of Iraqi people do not have access to continued supply of clean water, food, shelter, education, healthcare or security. The current Iraqi government has expressed its concern for the Iraqi people in the form of U.S.- supplied guns, bullets and misery. Peaceful demonstrations against government corruption and injustice are met with deadly violence from the new “democratic” government; organizers are jailed and tortured.
Explosions erupt in crowded cities tearing people and families apart, shattering brick and glass while soaking the streets with blood. The country’s once-united national identity, with no sectarian strife, was consciously demolished and manipulated by the U.S. occupation. The people of Iraq never asked for the U.S. invasion or occupation yet it is them who pay the price for it on a daily basis. For them, the Iraq war didn’t end the day the United States withdrew its occupying forces, for them the Iraq war is still very real.
The harsh reality of daily life for the Iraqi people seems to be missing from the mainstream media. The Bush administration submitted false intelligence reports while lying to the American people about WMD’s. Every piece of “evidence” that the Bush administration had introduced to justify going to war with Iraq is now known to be a lie. However, those that convinced the American people it was in our interests to send our loved ones to war and die are still free today.
In fact, those who lied to the American people sending us to die are now waging a new warfare on those service members they depended on to wager their war. They are waging an economic assaults against the enlisted rank-and-file in the form of exterminating the Tuition Assistance programs. The politicians chant slogans like “Support our Troops” while cutting medical aid to those wounded in their wars, and refusing to respond in any meaningful way to the suicide epidemic. The current Democratic administration continues to send young men and women to kill and be killed in the unpopular Afghanistan war, another war for profit based on lies. If this government does not care about its own service members, why would we buy the line that they care about liberating other nations?
On the tenth tragic anniversary of Iraq we send our deepest and most sincere condolences to the people of Iraq. Words cannot express the sorrow, sadness and regret we have for participating in the imperialists’ war. Every war and every act of aggression by the United States is cloaked in the noble cause of “humanitarian intervention” or “promotion of democracy” or “protecting civilians” as bombs, bullets and sanctions rained down upon the heads of the innocent.
Today we mark this anniversary as the most vile crime against humanity in many of our lifetimes. Until people in the United States see the class character of every U.S.- led war, enlisted service members will be sent to kill and die for the wealthy, and millions of innocent people will bear the brutal violence. It is our role as veterans to unmask and expose the real character of U.S. wars and defend the rights of those targeted by U.S.-aggression.
We will continue to stand in solidarity with our brothers and sisters in Iraq, fight the Afghanistan war and every war or “intervention” promoted by this government, and expose imperialism as a system we live under, not a policy. The United States government will not re-write history to fit its agenda. The historical tragedy that is known as the “Iraq War” will be remembered for what it is; an act of illegal aggression by the belligerent force of the United States. Together we will work to insure history does not repeat itself, ever again.
How the US Turned Three Pacifists into Violent Terrorists May 15, 2013
Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Nuclear weapons/power, Peace, War.Tags: anti-nuclear, anti-war, Criminal Justice, dissent, doj, eric holder, fran quigley, greg boertje-obed, megan rice, michael walli, non violence, nuclear, nuclear weapons, oak ridge, pacifism, peace, peace protestors, ramsey clark, roger hollander, swords into plowshares
2 comments
Roger’s note: if this doesn’t send a chill up the spine of anyone with spine enough to peacefully challenge US war mongering, then I don’t know what will. This case is Lewis Carroll, Orwell and Kafka rolled up into one. Don’t fail to realize that this is happening under a president who was awarded the Nobel Peace Prize.
From left, Greg Boertje-Obed, Sister Megan Rice, and Michael Walli. (Photo: Saul Young/News Sentinel)
In just ten months, the United States managed to transform an 82 year-old Catholic nun and two pacifists from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into federal felons convicted of violent crimes of terrorism. Now in jail awaiting sentencing for their acts at an Oak Ridge, TN nuclear weapons production facility, their story should chill every person concerned about dissent in the US.
Here is how it happened.
In the early morning hours of Saturday June 28, 2012, long-time peace activists Sr. Megan Rice, 82, Greg Boertje-Obed, 57, and Michael Walli, 63, cut through the chain link fence surrounding the Oak Ridge Y-12 nuclear weapons production facility and trespassed onto the property. Y-12, called the Fort Knox of the nuclear weapons industry, stores hundreds of metric tons of highly enriched uranium and works on every single one of the thousands of nuclear weapons maintained by the U.S.
“The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
- Sr. Megan Rice
Describing themselves as the Transform Now Plowshares, the three came as non-violent protestors to symbolically disarm the weapons. They carried bibles, written statements, peace banners, spray paint, flower, candles, small baby bottles of blood, bread, hammers with biblical verses on them and wire cutters. Their intent was to follow the words of Isaiah 2:4: “They shall beat their swords into plowshares and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more.”
Sr. Megan Rice has been a Catholic sister of the Society of the Holy Child Jesus for over sixty years. Greg Boertje-Obed, a married carpenter who has a college age daughter, is an Army veteran and lives at a Catholic Worker house in Duluth Minnesota. Michael Walli, a two-term Vietnam veteran turned peacemaker, lives at the Dorothy Day Catholic Worker house in Washington DC.
In the dark, the three activists cut through a boundary fence which had signs stating “No Trespassing.” The signs indicate that unauthorized entry, a misdemeanor, is punishable by up to 1 year in prison and a $100,000 fine.
No security arrived to confront them.
So the three climbed up a hill through heavy brush, crossed a road, and kept going until they saw the Highly Enriched Uranium Materials Facility (HEUMF) surrounded by three fences, lit up by blazing lights.
Still no security.
So they cut through the three fences, hung up their peace banners, and spray-painted peace slogans on the HEUMF. Still no security arrived. They began praying and sang songs like “Down by the Riverside” and “Peace is Flowing Like a River.”
When security finally arrived at about 4:30 am, the three surrendered peacefully, were arrested, and jailed.
The next Monday July 30, Rice, Boertje-Obed, and Walli were arraigned and charged with federal trespassing, a misdemeanor charge which carries a penalty of up to one year in jail. Frank Munger, an award-winning journalist with the Knoxville News Sentinel, was the first to publicly wonder, “If unarmed protesters dressed in dark clothing could reach the plant’s core during the cover of dark, it raised questions about the plant’s security against more menacing intruders.”
On Wednesday August 1, all nuclear operations at Y-12 were ordered to be put on hold in order for the plant to focus on security. The “security stand-down” was ordered by security contractor in charge of Y-12, B&W Y-12 (a joint venture of the Babcock and Wilcox Company and Bechtel National Inc.) and supported by the National Nuclear Security Administration.
On Thursday August 2, Rice, Boertje-Obed, and Walli appeared in court for a pretrial bail hearing. The government asked that all three be detained. One prosecutor called them a potential “danger to the community” and asked that all three be kept in jail until their trial. The US Magistrate allowed them to be released.
Sr. Megan Rice walked out of the jail and promptly admitted to gathered media that the three had indeed gone onto the property and taken action in protest of nuclear weapons. “But we had to — we were doing it because we had to reveal the truth of the criminality which is there, that’s our obligation,” Rice said. She also challenged the entire nuclear weapons industry: “We have the power, and the love, and the strength and the courage to end it and transform the whole project, for which has been expended more than 7.2 trillion dollars,” she said. “The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
Then the government began increasing the charges against the anti-nuclear peace protestors.
The day after the Magistrate ordered the release of Rice, Boertje-Obed, and Walli, a Department of Energy (DOE) agent swore out a federal criminal complaint against the three for damage to federal property, a felony punishable by zero to five years in prison, under 18 US Code Section 1363.
The DOE agent admitted the three carried a letter which stated, “We come to the Y-12 facility because our very humanity rejects the designs of nuclearism, empire and war. Our faith in love and nonviolence encourages us to believe that our activity here is necessary; that we come to invite transformation, undo the past and present work of Y-12; disarm and end any further efforts to increase the Y-12 capacity for an economy and social structure based on war-making and empire-building.”
Now, Rice, Boertje-Obed, and Walli were facing one misdemeanor and one felony and up to six years in prison.
But the government did not stop there. The next week, the charges were enlarged yet again.
On Tuesday August 7, the U.S. expanded the charges against the peace activists to three counts. The first was the original charge of damage to Y-12 in violation of 18 US Code 1363, punishable by up to five years in prison. The second was an additional damage to federal property in excess of $1000 in violation of 18 US Code 1361, punishable by up to ten years in prison. The third was a trespassing charge, a misdemeanor punishable by up to one year in prison under 42 US Code 2278.
Now they faced up to sixteen years in prison. And the actions of the protestors started to receive national and international attention.
On August 10, 2012, the New York Times ran a picture of Sr. Megan Rice on page one under the headline “The Nun Who Broke into the Nuclear Sanctum.” Citing nuclear experts, the paper of record called their actions “the biggest security breach in the history of the nation’s atomic complex.”
At the end of August 2012, the Inspector General of the Department of Energy issued at comprehensive report on the security breakdown at Y-12. Calling the peace activists trespassers, the report indicated that the three were able to get as far as they did because of “multiple system failures on several levels.” The cited failures included cameras broken for six months, ineptitude in responding to alarms, communication problems, and many other failures of the contractors and the federal monitors. The report concluded that “Ironically, the Y-12 breach may have been an important “wake-up” call regarding the need to correct security issues at the site.”
On October 4, 2012, the defendants announced that they had been advised that, unless they pled guilty to at least one felony and the misdemeanor trespass charge, the U.S. would also charge them with sabotage against the U.S. government, a much more serious charge. Over 3000 people signed a petition to U.S. Attorney General Holder asking him not to charge them with sabotage.
But on December 4, 2012, the U.S. filed a new indictment of the protestors. Count one was the promised new charge of sabotage. Defendants were charged with intending to injure, interfere with, or obstruct the national defense of the United States and willful damage of national security premises in violation of 18 US Code 2155, punishable with up to 20 years in prison. Counts two and three were the previous felony property damage charges, with potential prison terms of up to fifteen more years in prison.
Gone entirely was the original misdemeanor charge of trespass. Now Rice, Boertje-Obed, and Walli faced up to thirty-five years in prison.
In a mere five months, government charges transformed them from misdemeanor trespassers to multiple felony saboteurs.
The government also successfully moved to strip the three from presenting any defenses or testimony about the harmful effects of nuclear weapons. The U.S. Attorney’s office filed a document they called “Motion to Preclude Defendants from Introducing Evidence in Support of Certain Justification Defenses.” In this motion, the U.S. asked the court to bar the peace protestors from being allowed to put on any evidence regarding the illegality of nuclear weapons, the immorality of nuclear weapons, international law, or religious, moral or political beliefs regarding nuclear weapons, the Nuremberg principles developed after WWII, First Amendment protections, necessity or US policy regarding nuclear weapons.
Rice, Boertje-Obed, and Walli argued against the motion. But, despite powerful testimony by former U.S. Attorney General Ramsey Clark, a declaration from an internationally renowned physician and others, the Court ruled against defendants.
Meanwhile, Congress was looking into the security breach, and media attention to the trial grew with a remarkable story in the Washington Post, with CNN coverage and AP and Reuters joining in.
The trial was held in Knoxville in early May 2012. The three peace activists were convicted on all counts. Rice, Boertje-Obed, and Walli all took the stand, admitted what they had done, and explained why they did it. The federal manager of Y-12 said the protestors had damaged the credibility of the site in the U.S. and globally and even claimed that their acts had an impact on nuclear deterrence.
As soon as the jury was dismissed, the government moved to jail the protestors because they had been convicted of “crimes of violence.” The government argued that cutting the fences and spray-painting slogans was property damage such as to constitute crimes of violence so the law obligated their incarceration pending sentencing.
The defense pointed out that Rice, Boertje-Obed, and Walli had remained free since their arrest without incident. The government attorneys argued that two of the protestors had violated their bail by going to a congressional hearing about the Y-12 security problems, an act that had been approved by their parole officers.
The three were immediately jailed. In its decision affirming their incarceration pending their sentencing, the court ruled that both the sabotage and the damage to property convictions were defined by Congress as federal crimes of terrorism. Since the charges carry potential sentences of ten years or more, the Court ruled there was a strong presumption in favor of incarceration which was not outweighed by any unique circumstances that warranted their release pending sentencing.
These non-violent peace activists now sit in jail as federal prisoners, awaiting their sentencing on September 23, 2012.
In ten months, an 82 year old nun and two pacifists had been successfully transformed by the U.S. government from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into felons convicted of violent crimes of terrorism.
Quigley is an Indianapolis attorney working on local and international poverty issues. His column appears in The Indianapolis Star every other Monday.