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echo: barktopus
to: Mark Hessey
from: Adam Flinton
date: 2004-02-10 07:41:10
subject: Re: Sponsor anti-war forum - get federal subpoena

From: Adam Flinton 

Mark Hessey wrote:

> "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."
>
>

Yup. Doze blacks got good kickings when they tried to organize & as for
those lads helping the blacks down in Missippi.....

& then there were the people who tried to organize unions. The Police &
law enforcement authoritiues have & always will be the shock troops of
their political masters.

Adam

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