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July 15, 2015 by Nukewatch Leave a Comment

Nuclear Resisters Released, Sabotage Convictions Overturned —Appeals Court Says Jury Verdict Was “Not Rational”

Nukewatch Quarterly Summer 2015
By John LaForge 

A federal appeals court has vacated the sabotage convictions of peace activists Greg Boertje-Obed of Duluth, Minnesota; Michael Walli of Washington, DC; and Sister Megan Rice of New York City. On May 8, a three-judge panel of the Sixth US Circuit Court of Appeals found that federal prosecutors had failed to prove—and “no rational jury could find”—that the protesters had intended to damage “national defense.”

In July 2012, Greg, Michael, and Megan clipped through four fences and walked right up to the “Fort Knox” of weapons-grade uranium, the Highly Enriched Uranium Materials Facility inside the Y-12 complex in Oak Ridge, Tennessee. In the hour before they were confronted, the nuclear abolitionists painted “Woe to an Empire of Blood” and other slogans on several structures, strung banners, poured blood on the building, and enjoyed their surprise in catching the nuclear weapons system asleep at the wheel. When a guard finally approached them, they offered him some bread.

The three have been imprisoned since they were convicted in May 2013 of damage to property and sabotage. Boertje-Obed, 60, and Walli, 66, were both sentenced to 62 months on each conviction, to run concurrently; Sister Rice, now 85, was given 35 months on each count, also running concurrently.

Following the appeals court reversal, a motion for immediate release was filed and granted—unopposed by the government—on May 15. All three activists were hastily allowed to return to their respective homes.

The appeal did not address questions about the legal status of nuclear weapons, but rather focused on whether the Sabotage Act applies to nonviolent protesters. During the appeal’s oral argument, the prosecutor insisted that the three senior citizens had “interfered with defense.” Circuit Judge Raymond Kethledge asked pointedly, “With a loaf of bread?”

The court’s written opinion, also by Judge Kethledge, ridiculed the idea of depicting peaceful protesters as saboteurs, saying. “It is not enough for the government to speak in terms of cut fences…” To apply the Sabotage Act, the government must prove that the defendant’s actions were “consciously meant or practically certain to” interfere with “the nation’s capacity to wage war or defend against attack.” The court found that Greg, Megan, and Michael “did nothing of the sort”; thus, “the government did not prove the defendants guilty of sabotage.” The opinion went so far as to say, “No rational jury could find that the defendants had that intent when they cut the fences.” The opinion is uncharacteristically blunt in its direct implication of prosecutorial overreach and judicial manipulation of the jury.

Another reason the appeals court vacated the sabotage conviction was that the Supreme Court’s legal definition of “national defense” is unclear and imprecise, “a generic concept of broad connotations…” The appeals court said it needed “a more concrete” definition because “vague platitudes about a facility’s ‘crucial role in national defense’ are not enough to convict a defendant of sabotage. And that is all the government offers here.” The definition is so general and vague, the court said, that it barely applies to the Sabotage Act, since, “It is hard to determine what amounts to ‘interference with’ a ‘generic concept.’”

Re-sentencing may result in “time served” 

The appeals court took the unusual additional step of voiding the prison sentences for both the sabotage and damage-to-property convictions, even though the second conviction still stands. This was because the harsh prison terms given for property damage were heavily weighted in view of the (ill-gotten) sabotage conviction. The result is that the three radical pacifists were released until their re-sentencing, which is scheduled for July 8. As the appeals court said: “It appears that the [sentencing] … for their [damage to property] conviction will be substantially less than their time already served in federal custody.”

The high-profile nature of uranium enrichment at Oak Ridge, and the vulnerability of the site to the entrance of three senior citizens, brought enormous media attention to the case, which has been featured in lengthy investigations by the Washington Post, the New Yorker, and others. The action, known as “Transform Now Plowshares,” also helped uncover scandalous misconduct and malfeasance among security contractors at the Y-12/Oak Ridge complex.

What remains unaddressed is the White House’s plan to spend $1 trillion on new weapons production facilities over the next 30 years—$35 billion a year for three decades. The role of the Highly Enriched Uranium Materials Facility in nuclear bomb production—a clear violation of the Nuclear Non-Proliferation Treaty—was named with blood by the Transform Now Plowshares action, but H-bomb business marches on. Protesters will converge on the site again August 6, the 70th anniversary of the US atomic bombing of Hiroshima.

For more on Y-12 and the weapons build-up, see the Oak Ridge Environmental Peace Alliance, OREPA.org.

Ill-Informed Distinction in Appeals Court Order 

The appeals court opinion made one apparently ill-informed distinction between this case and two other Plowshares actions. In symbolic protest actions taken on top of Minuteman nuclear missile silos, the Silo Pruning Hooks (Carl Kabat, Helen Woodson, Paul Kabat, and Larry Cloud Morgan) hammered on silo N-5 in Missouri in 1985, and the Sacred Earth and Space Plowshares (Sisters Ardeth Platte, Carol Gilbert, and Jackie Husdon) did symbolic damage to silo N-8 in Colorado in 2002.

The appeals court opinion declares that unlike actions taken at weapons manufacturing sites, protests against sites with armed nuclear weapons on alert could still be characterized as sabotage because, “… even a brief disruption of [the Minuteman III’s] operations would have grievously impaired the nation’s ability to attack and defend. (Imagine, for example, if Soviet [sic] infiltrators had similarly disrupted the facilities’ operations in the minutes before a Soviet first strike.)”

This claim betrays profound ignorance of the US nuclear arsenal’s diversity, size, and destructive capacity—and of geopolitical events including the long-past dissolution of the Soviet Union.

A computer glitch at Wyoming’s FE Warren Air Force Base in 2010 took 50 Minuteman missiles off-line but had, according to Lt. Gen. Dirk Jameson (USAF, Ret.), “no real bearing on the capabilities of our nuclear forces.” Gen. Jameson was a Deputy Commander in Chief and Chief of Staff of Strategic Command, which controls all 450 Minuteman III land-based ICBMs. Lt. Col. John Thomas, a spokesman for the Air Force’s Global Strike Command, said at the time, “The wartime capability of that squadron [of missiles] was never significantly affected.”

Additionally, the US has 14 Trident ballistic missile submarines, each armed with 24 missiles that carry at least five warheads apiece. If only four of these submarines are on patrol at any given time, their 480 thermonuclear warheads could incinerate all the major cities of the world, not merely those in “Soviet” [sic] territory.

The court also appeared ignorant of the fact that the Air Force regularly takes dozens of Minuteman III missiles off alert for repairs or replacement, meaning they are often “disrupted” without any consequent impairment of the government’s nuclear war readiness.

The appeals court cited testimony of an Air Force Lt. Col. who said, regarding missile protests, that “it would be unwise to launch the missile in those circumstances.”

Of course, thousands of authorities the world over have said it would be unwise to launch such missiles under any circumstances. Former Reagan Administration Presidential Adviser and Cold War hawk Paul Nitze said, “I can think of no circumstances under which it would be wise for the United States to use nuclear weapons, even in retaliation for their prior use against us.”

Filed Under: Direct Action, Newsletter Archives, Quarterly Newsletter, Uranium Mining

May 4, 2015 by Nukewatch Leave a Comment

“You Can’t Surrender to a Drone”

Nukewatch Quarterly Spring 2015
By Kathy Kelly

The Federal Bureau of Prisons contacted me January 22, assigning me a prison number and a new address: for the next 90 days, beginning January 23, I’ll live at FMC Lexington, in the satellite prison camp for women, adjacent to Lexington’s federal medical center for men. Very early January 23, Buddy Bell, Cassandra Dixon, and Paco and Silver, two house guests whom we first met in protests on South Korea’s Jeju Island, will travel with me to Kentucky and deliver me to the prison.

In December 2014, Judge Matt Whitworth sentenced me to three months after Georgia Walker and I had attempted to deliver a loaf of bread and a letter to the commander of Whiteman Air Force Base in Missouri, asking him to stop his troops from piloting lethal drone flights over Afghanistan from within the base. Judge Whitworth allowed me over a month to surrender myself to prison, but whether you are a soldier or a civilian, a target or an unlucky bystander, you can’t surrender to a drone. (For more on drone strikes, see “short” on page 3.)

When I was imprisoned at Lexington prison in 1988, after a federal magistrate in Missouri sentenced me to one year for planting corn on nuclear missile silo sites, other women prisoners playfully nicknamed me “Missiles.” One of my sisters reliably made me laugh today, texting me to ask if I thought the women this time would call me “Drones.”

Activist, educator, and author Kathy Kelly co-coordinates Voices for Creative Nonviolence.

It’s good to laugh and feel camaraderie before heading into prison. For someone like me, very nearly saturated in “white privilege” through much of this arrest, trial and sentencing process, 90 percent (or more) of my experience will likely depend on attitude.

But, for many of the people I’ll meet in prison, an initial arrest very likely began with something like a “night raid” staged in Iraq or Afghanistan, complete with armed police surrounding and bursting into their home to remove them from children and families, often with helicopters overhead, sequestering them in a county jail, often with very little oversight to assure that guards and wardens treat them fairly. Some prisoners will not have had a chance to see their children before being shipped clear across the country. Some will not have been given adequate medical care as they adjust to life in prison, possibly going without prescribed medicines and often traumatized by the sudden dissolution of ties with family and community. Some will not have had the means to hire a lawyer and may not have learned much about their case from an overworked public defender.

In the US, the criminal justice system disproportionately incarcerates people of color for petty offences. Many take plea bargains under threat of excessive, punitive sentences. If I were a young black male, the US penal system quite likely would not have allowed me to turn myself in to a federal prison camp.

I’ll be incarcerated in the “satellite” camp outside a medical facility where I expect the wards are crowded with geriatric patients. How bleak and unnecessary it is to confine people for decades. My friend Brian Terrell, who was incarcerated in Yankton, South Dakota for six months after crossing the line at Whiteman AFB, told me that while in prison he saw signs on the walls recruiting prisoners to train for medically assisting geriatric male prisoners. I shudder to think of our culture’s pervading callousness, pointlessly consigning so many aged people to languish in prison.

I will be free in three months, but our collective future is most assuredly shackled to a wrongheaded criminal justice system. I hope this compulsively vengeful and diseased criminal justice system will change during my lifetime. And I hope that my short sojourn inside Lexington’s prison walls will help me better understand and perhaps help shed some small light on the systems that affect other people trapped there.

During recent visits with concerned communities focused on drone warfare, many have helped me see a connection between the drone killings across Central Asia and the Middle East and the casual executions and incarceration of young black males in our own country.

In Afghanistan, where the noise of air strikes and civil war have faded to the buzz of drones and the silence of empty promises, our friends in the Afghan Peace Volunteers (APVs) continue their peace building efforts. Last week, 80 street children walked from the APV center to the Afghan Independent Human Rights Commission office to assert their right to education. Their signs expressed their determination to help create a school for street children. One sign said, “We don’t want your charity. We want dignity.”

Our young friends wish to provide a better life for the very children whose only other means of getting off the streets may well include joining the Taliban, criminal gangs, or some other militia. Meanwhile, the United States’ vengeful stance as a nation, concerned with protecting its wealth and status at all costs and its safety above all considerations of equity or reason, destroys the lives of the impoverished at home as it destroys those abroad.

The “Black Lives Matter” protests need our support, as do the protests to “Shut Down Creech” Air Force Base in Nevada. Our friends in the Afghan Peace Volunteers continue to do vital work for peace and solidarity, in Kabul, that needs our support. It’s encouraging to know that thousands of committed people seek and find work to make our world less like a prison for our neighbors and ourselves.

My address through April 23 is:

Kathy Kelly 04971-045
FMC Lexington
Federal Medical Center
Satellite Camp
PO Box 14525
Lexington, KY 40512

Kathy Kelly co-coordinates Voices for Creative Nonviolence in Chicago. For more information, please contact VCNV at info@vcnv.org.

Filed Under: Direct Action, Newsletter Archives, Quarterly Newsletter, War

May 4, 2015 by Nukewatch Leave a Comment

Cree Youth Walk Over 500 Miles to  Stand Against Uranium Extraction

Nukewatch Quarterly Spring 2015

A group of about 20 young people from the Cree Nation walked almost 530 miles over three weeks this winter to deliver a message to Montreal’s environmental protection agency: “We stand against uranium mining.” The young people endured frigid conditions and covered about the distance of a marathon each day on their journey. The Stand Against Uranium Walk started in the community of Mistissini in northern Quebec on November 24 and culminated with the group’s participation in a public hearing on uranium mining in Montreal, December 15.

Youth leaders expressed their concerns about uranium mining to government officials in Quebec. Photo by Julia Page, CBC News

The group opposes a plan by the firm Strateco Resources that has been exploring uranium extraction in the Mistissini area since 2006. The company claims it has invested $120 million in its Mistissini uranium project over the last 10 years. In 2013, the Quebec government issued a moratorium on uranium mining and exploration. Now, Strateco is suing the province for its investment mistake, and Quebec has been holding public hearings on the subject.

Stand Against Uranium walkers reported overwhelming support for the ban among people they encountered on their long journey. The walkers passed through several towns affected by uranium mining, broadening the base of support for their efforts.

“Some people understand the effects of uranium, but there’s such a large number who just aren’t aware of this project. We’re the ones taking the initiative to be ambassadors to Quebec, Canada and the world,” said Youth Grand Chief Joshua Iserhoff.

“We’re protecting the land for future generations, not just for the Cree people or Aboriginal people, but for everybody.”

—ASP

—CBC News, Dec. 5 & Dec. 14; Red Power Media, Dec. 19, 2014

Filed Under: Direct Action, Newsletter Archives, On The Bright Side, Quarterly Newsletter, Uranium Mining

March 2, 2013 by Nukewatch Leave a Comment

Authorities Dismiss Coldwater Creek Cancer Cluster

February March 2013 Nukewatch Quarterly

When it comes to understanding the incredible concentration of cancers, birth defects, and other serious ailments related to a Manhattan Project-era radioactive waste dumping ground in north St. Louis County, Facebook has proven a far better resource for current and former residents than the State of Missouri.

A report released by the Missouri Department of Health and Senior Services in March concluded that elevated cancer rates near Flourissant, Missouri, are probably not linked to the radioactive waste dumped in the area from 1947 through the 1970s. Researchers studied the prevalence of 27 types of cancer among those who lived within six zip codes surrounding Coldwater Creek from 1996 to 2004. Though epidemiologists did identify an elevated incidence of some cancers among the population, they attributed those higher rates to socioeconomic factors such as smoking, lack of exercise, poor diet, and diabetes.

Flourissant natives Janell Rodden Wright and Diane Whitmore Schanzenbach, who are part of the Facebook group that connects residents of the Coldwater Creek area affected by illness, called the study “completely uninformative” in a recent piece published in the St. Louis Beacon. They point out that according to the American Community Survey from 2007-2011, over 75% of those who live in one of the zip codes studied moved there after 1990 – when clean-up efforts were already underway. The study did not account for any cases of cancer in those who were diagnosed after they moved outside the area, which Wright and Schanzenbach say is the case with most of their classmates. State cancer registries only record a patient’s address at the time of diagnosis. Also ignored by the Department of Health report were the many cases of cancer among current residents diagnosed after 2004, as well as many non-cancer health issues.

When Wright, Schanzenbach, and their childhood friends swam in Coldwater Creek near their homes in Flourissant, MO, in the 1970s and 1980s, they had no idea they were immersing themselves in water tainted with radioactive waste. In fact, until Wright and her classmates began to investigate the strange prevalence of rare cancers and other diseases among their peer group in 2011, they had no idea the area where they grew up had served as a dumping ground for radioactive waste produced by Mallinckrodt Chemical Works at its downtown St. Louis plant, which purified uranium that the U.S. used to create atomic bombs in the 1940s.

Wright became suspicious when two of her friends were diagnosed with appendix cancer within a few months of each other. Both were told this disease is very rare, afflicting one in a million people. She reached out to others who grew up in the area through Facebook, and the results are astonishing. Among those who had lived within a four square mile area near the creek, over 2,000 cases of cancers, autoimmune disorders, thyroid disease, birth defects (including three cases of conjoined twins), and health issues among children (including seven children of Wright’s classmates who had their thyroid removed before age 10) have been reported. Twenty-two cases of appendix cancer have now been reported.

The group’s google map showing the residence or former residence of those who have died or fallen ill shows an alarming cluster of cases around Coldwater Creek and the St. Louis Airport Site (SLAPS), Hazelwood Interim Storage Site (HISS), Futura Property, and West Lake Landfill where waste was dumped or stored. Once elevated levels of radioactive materials were discovered in Coldwater Creek in 1989, the Army Corps of Engineers was charged with its clean-up, which they report is nearly complete. As Nukewatch reported in the Winter 2012 article “Cold War Era Dumps Heating Up St. Louis,” the West Lake Landfill, where 20 acres of radioactive waste was illegally dumped in 1973, contains over 15 feet of radioactive waste, and its temperature is rising at an alarming rate. The landfill’s neighbors complain of terrible smells and emissions that burn eyes and cause headaches. Current and former residents of the Coldwater Creek area had hoped that a conclusive cancer cluster study would help them qualify for the same “downwinder” status granted to those affected by atomic bomb testing in Arizona, New Mexico, and Utah, which would have given them access to medical assistance.

Three separate groups of affected residents have brought lawsuits against Mallinckrodt Chemical, which is now owned by Covidien Pharmaceuticals, seeking damages comparable to those awarded to the company’s former St. Louis plant workers, who are eligible for coverage of medical expenses plus $150,000. On March 27, a federal judge dismissed seven of the suits’ eight claims. The single remaining claim will require residents to prove their injuries occurred no more than five years before the suits were filed, based on Missouri’s statute of limitations laws. Still, the groups’ lawyers are optimistic that justice will be served. In a statement released after the judge’s dismissal, lead counsel Marc Bern said, “We expect to prevail for these innocent victims and end this terrible nightmare for so many people.”

Though their plight remains unrecognized by the government, those affected by the Coldwater Creek radiation are taking grassroots action to uncover the truth and serve as resources for each other. Their Facebook page, “Coldwater Creek – Just the Facts Please,” is a testament to the power of grassroots organizing: its members share legal and medical resources, coping strategies, action alerts, and an unwavering commitment to helping each other deal with an enormous tragedy that comprises only a very small portion of the U.S. government’s atomic bomb legacy.

Sources: KSDK News, St. Louis, Feb. 1; St. Louis Post-Dispatch, Mar. 21, Mar. 29; St. Louis Beacon, Mar. 26

Filed Under: Direct Action, Environment, Newsletter Archives, Nuclear Weapons, Radiation Exposure, Radioactive Waste

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