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echo: barktopus
to: Mark Hessey
from: Robert G Lewis
date: 2004-02-10 10:08:40
subject: Re: Sponsor anti-war forum - get federal subpoena

From: "Robert G Lewis" 

Why use the Grand Jury ? After all there is nothing preventing the Fed's
from investigating and interviewing those they know were at the meeting. By
using the Grand Jury and  issuing such broad subpoenas they tie up any
resources that may be used for legal protests. Why use the sledgehammer
approach unless it is to send a message.

Bob Lewis


"Mark Hessey"  wrote in message
news:40286428$1{at}w3.nls.net...
>
> "Rich Gauszka"  wrote in message
> news:40285f7e{at}w3.nls.net...
> > Supposedly they are looking for one person who attempted to climb a
fence
> at
> > a guard base.
>
> Yes, supposedly. OTOH, maybe it's more along these lines:
>
> http://volokh.com/2004_02_08_volokh_archive.html#107637977030883014
> "According to a story in the Des Moines Register, Nov. 17, 2003, the rally
> also apparently involved criminal trespass by about a dozen of the 70-odd
> people who attended...
>
> The prosecutors are certainly allowed to subpoena people who witnessed the
> actual trespass and alleged assault. They also may subpoena people who the
> prosecutors think participated in the planning, both to gather evidence
> related to any possible criminal conspiracy, and to see if any statements
at
> the planning meeting might be relevant to the substantive offenses at the
> rally: For instance, if Chris Gaunt was heard to say "If any of those cops
> touch me, I'll show them who's boss" at the meeting, then the government's
> case against her on the alleged assault would become a lot stronger. It's
> harder to see why the Drake records related to the NLG chapter are
relevant
> here; it will be interesting to see what arguments the government provides
> in response to the motion to quash that subpoena.
>
>      Political meetings are not safe harbors in which people can freely
> organize conspiracies to commit crimes, free from any risk of
investigation
> (including coercive investigation using subpoenas). That's true if it's a
> KKK meeting used to organize racial terrorism, an Operation Rescue meeting
> used to organize trespass or vandalism at an abortion clinic, or an
anti-war
> group's meeting used to organize criminal trespass or possible misdemeanor
> assault."
>
>

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