From: "Mark Hessey" 


"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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